Resolution 2013-047 RESOLUTION NO. 2013- 4 7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION AVPLAT-
PL20120002420 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
SOUTHERLY 10 FEET OF AN EXISTING 20-FOOT DRAINAGE
EASEMENT LOCATED IN TRACTS D AND E, NORTHBROOKE
PLAZA, AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN
EXHIBIT A.
WHEREAS, pursuant to Section 177.101 Florida Statutes and Resolution No. 2006-160,
Petitioner, Dean Foster, as agent for the property owner, has requested the vacation of the
County and public interest in a portion of the southerly 10 feet of the existing 20-foot Drainage
Easement as shown in Exhibit A; and
WHEREAS, at its January 22, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013-18, approved the scheduling of a public hearing
pursuant to Section 336.09, Florida Statutes; and
WHEREAS, the Board of County Commissioners on this day held a public hearing to
consider petitioner's request and notice of said public hearing was given as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public
interest in a portion of the southerly 10 feet of the existing 20-foot Drainage Easement as
specifically depicted in Exhibit A, attached hereto, is hereby vacated, extinguished, renounced
and disclaimed, and this action is declared to be in the Public interest and for the Public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records and to make proper
notation of this Resolution on the plat of Northbrooke Plaza, recorded in Plat Book 31, Pages 65
through 66 of the public records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same, this 26th
day of February, 2013.
ATTEST:_ , BOA• P COMMISSIONERS
D GHT E. BLOCK, CLERK COLLI R I U T- , FLORIDA
By:
Attast as to aalitO Clerk ''ORGI• A. HILLER, ESQ.
iigtl8tlil@ 011L� ' Chairwoman
Approved as to form and legal sufficiency:
A AAA
mily R. Pe g4 n
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location-Site Map
CP\12-EIS-02367\18
RHODES 1 RHODES 14 ND SURVEYING, I NO
JOHN SOOTTRHODES PS M
99100 BOMTA GRANDE DRIVE SUITE 107BONITA BPRIM7Q FL.?il3J
PITONS(AY9)WARM FAX(9 9)410.8103
EXHIBIT A
LEGAL DESCRIPTION
BEING PART OF A 20'DRAINAGE EASEMENT IN TRACTS D AND E,NORTHBROOKE
PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGES 65 AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF TRACT D,NORTHBROOKE
PLAZA,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGES 65 AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID
TRACT D,NORTHBROOKE PLAZA SOUTH 00°10'17" EAST A DISTANCE OF 20.00
FEET;THENCE RUN WESTERLY LEAVING THE SAID EASTERLY BOUNDARY LINE
NORTH 89°52'48" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY LINE OF A
20.00 FOOT LANDSCAPE BUFFER EASEMENT AND THE POINT OF BEGINNING;
THENCE CONTINUE WESTERLY NORTH 89°52'48" WEST A DISTANCE OF 172.50
FEET TO THE EASTERLY LINE OF A 15.00 FOOT WIDE DRAINAGE EASEMENT
LYING 7.5 FEET BOTH SIDES OF TRACT E AND TRACT F,NORTH BROOKE PLAZA,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,PAGES 65
AND 66,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN
NORTHERLY ALONG THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT
NORTH 00°10'17" WEST A DISTANCE OF 10.00 FEET; THENCE RUN EASTERLY
LEAVING THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT SOUTH 89°52'48"
EAST A DISTANCE OF 172.50 FEET TO THE WESTERLY LINE OF SAID 20.00 FOOT
LANDSCAPE BUFFER EASEMENT; THENCE RUN SOUTHERLY ALONG THE
WESTERLY LINE OF SAID 20.00 FOOT LANDSCAPE BUFFER EASEMENT SOUTH
00°10'17" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD.
CONTAINING 1,726 SQUARE FEET 0.04 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF TRACT D AS BEING S. 00°10'17"E.
\\Server\dwg\2012\800-899\2012-885.doc
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RHODES &RHODES L4ND SUIRVF;YLVG, INC
JOHN SOOITRIIODES,P.S.t'd
28100BONITA GRANDE DRIVE SUITE 107BONITA SPRINGS, FL NM
PHONE(239)4018166 FAX(239)405-8163
RHODES &RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
John Scott odes
Professional Surveyor and Mapper
State of Florida, License Number 5739
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R&R FILE NO. 2012-885
DATE: 1,1 g_72
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F:\2012\800-899\2012-885.doc
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