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Ordinance 74-37 ORDINANCE NO. 74-37 AN ORDINANCE AD{ENDING COLLIER COUNTY ORDIMANCE NO. 74-12 BY CHANGING THE ZONING DISTRICT CT2%SSI- FICATI~N OF THE PROPERTY DESCRIBED BELOW FROM C-2 TO C-2 WITH PROVISIO~IAL USE (2)_ AND PROVIDING AN EFFECTIVE DATE: ~{EREAS, Phil~ip A. Joseberger~ Jr. owner (s) of the property hereinafter described, petitioned the Board of County Commissioners of Collier County to change the zoning classification of the real property hereinafter described. NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE.: 1. The zoning classification of the heretnbelow described real property in Collier County, Florida is changed from C-2 to C-2 with Prov. Use (2) and the Official Zoning Atlas described as Exhibit A_ of Ordinance No. 74-12 is hereby amended accordingly. Ti,~u uer~ain parcel of land lying in and being a portion of Block ~13 of ~RCO BEACH UNIT FOUR, according to ~he map or plat thereof as recorded in Plat Book 6, Pages 32 through 37 inclusive of the Public Records of Collier County, Florida, Being more particularly described as follows: Commence at the centerline intersection of State Road S-951 and Elkcam Circle, as shown on said plat of Marco Beach Unit Four; run thence N69"25'00"E along said centerline of Elkcam Circle for a distance of 402.50 feet; thence S20"35'00"E for a distance of 40 feet to the Southerly Right-of-Way Line of Said Elkcam Circle; said point being the point of curvature of a circular curve concave on a Northwesterly direction having a radius of 640 feet; thence Northeasterly along said Southerly Right-of-Way , Line and the arc of said curve through a central angle of 04"01 52' for a distance of 45.03 feet to the POINT OF BEGINNING of the pa£cel of land hereinafter described; thence continue along said curve through a central angle of 08"57'09" for a distance of 100.00 feet; thence leaving said Southerly Right-o~-Way Line; S33°34'01"E radial to aforesaid Curve for a distance of 222.01 feet to a point on the Southerly boundary of said Block 113; thence S69°25'00"W along said Southerly boundary for a d of 147.67 feet; thence leaving said Southerly bounder, 10"W for a distance of 201.56 feet to the Point of Be Containing 0.59 acres more or less. iSEP ~ ~S?4 ~ SECTION TWO: ~onflict~ Severancer Construction and Penalty. In the event this Ordinance conflicts with other applicable law, the more restrictive shall apply. If any part of this Ordinance con- flicts with any part, it shall be severed and the remainder shall have full force and effect and be liberally construed. If any section, subsection, sentence, clause, phrase or portion of this Ordinance'is, for any reason held invalid or unconstitutional by any court of competent. Jurisdiction, such portion Bhall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. The provisions of this Ordinance shall be deemed an exercise of the police power of Collier County for the protection of the public health, safety and welfare and therefore shall be l~berally construed to accomplish that purpose and implement the legislative intent and declaration. If such a violation is continuing, act shall be a separate offense. SECTION THREE: Effective Date. This Ordinance shall become effective upon receipt of notice it is filed with the Secretary of State. Dated: September 3, 1974 AT%'EST: 5b%RGARET T. SCOTT Clerk~f Circuit Dep.uty Clerk , ,,.TI' t'. . .,~ '~ .'.,. ~. · t I !% , ... , .'.. ...~~. '! F ,. ....' each day's violation or separate ve u on re eipt of n~,ti e that BOARD OF COUNTY COMMISSIONERS COLT,TE~ COU}~TY, FLORIDA BY:cliffo~I//Wenzel, 'Cha(~'kmaI A~roved as to form and legality. David Emerso~ Brunet Collier County Attorney