WHEREAS, the Petition was filed by PATRICK AND KIMBERLY SHULER for the vacation of plat on property described herein; and

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1 VP RESOLUTION 2-16 A RESOLUTION PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTILITY AND DRAINAGE EASEMENT UNDERLYING A PREVIOUSLY VACATED RIGHT-OF-WAY BEING A PART OF SW 28 PLACE ADJACENT TO LOT 44, BLOCK 5987, CAPE CORAL UNIT 93; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTILITY AND DRAINAGE EASEMENT LYING WITHIN LOT 44, BLOCK 5987, CAPE CORAL UNIT 93; PROVIDING FOR THE VACATION OF PLAT FOR A STREET RIGHT-OF WAY AND THE UNDERLYING PUBLIC UTILITY AND DRAINAGE EASEMENT BEING A PART OF SW 28 PLACE, LOCATED AT THE NORTHEAST CORNER OF LOT 44, BLOCK 5987, CAPE CORAL UNIT 93; PROPERTY LOCATED AT 2814 SW 25 STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Petition was filed by PATRICK AND KIMBERLY SHULER for the vacation of plat on property described herein; and WHEREAS, the Petition meets the requirements of Land Use Development Regulations, Article VIII, Section 8.11, Vacation of Plats, Streets and Other Property of the Code of Ordinances of the CityofCape Coraland it is in the best interest of the public that such Petition be granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA: Section 1. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coral and it is in the best interest of the public that such Petition be granted. The following-described public utility and drainage easement, as shown in Exhibit "A," is hereby vacated by the City ofcape Coral, to wit: A PORTION OF S.W. 28TH PLACE ROAD RIGHT OF WAY AND ANY UNDERLYING EASEMENTS LYING IN CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER OF LOT 44, SAID CAPE CORAL UNIT 93 FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35'13"E. FOR 85 FEET TO THE POINT OF BEGINNING; THENCE RUN N.89 35'13"E. ALONG SAID SOUTH RIGHT OF WAY LINE TO THE CENTERLINE OF S.W. 28TH PLACE (60 FEET WIDE) SAID PLAT OF CAPE CORAL, UNIT 93 FOR FEET; THENCE RUN S.00 24'47"E. ALONG SAID CENTERLINE FOR FEET; THENCE RUN S89 35'13W. TO A POINT ALONG THE WEST RIGHT OF WAY LINE OF SAID S.W. 28TH PLACE (60 FEET WIDE) FOR FEET; THENCE RUN N.00 24,47"W ALONG SAID WEST RIGHT OF WAY TO A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF SAID S.W. 25TH STREET (60 FEET WIDE) FOR FEET TO THE POINT OF BEGINNING. CONTAINING: 5,903.7 SQUARE FEET ±. Section 2. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coral and it is in the best interest of the public that such Petition be granted. The following-described public utility and drainage easement, as shown in Exhibit "B," is hereby vacated by the City of Cape Coral, to wit: A PORTION OF A 6 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT IN LOT 44, BLOCK 5987, CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:

2 FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER SAID LOT 44 FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35'13,,E. FOR FEET; THENCE RUN S.00 24,47"E. FOR 6.00 FEET TO THE POINT OF BEGINNING. THENCE RUN N.89 35'13"E. TO A POINT ALONG THE CUSP OF A CURVE FOR FEET; THENCE RUN ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST FEET, SAID CURVE HAVING THE FOLLOWING ELEMENTS, A RADIUS OF FEET, A CENTRAL DELTA ANGLE OF 49 27'51", A CHORD THAT BEARS S.25 08'43ME. AND A CHORD DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE RUN S.00 24'47,,E. FOR FEET; THENCE RUN N.50 13,44"W. FOR 7.85 FEET; THENCE RUN N.00o24'47"W TO A POINT OF CURVATURE FOR FEET; THENCE RUN ALONG THE ARC OF A CURVE TO THE LEFT FOR FEET, SAID CURVE HAVING THE FOLLOWING ELEMENTS, A RADIUS OF FEET, A CENTRAL DELTA ANGLE OF 90 00'00", A CHORD BEARING OF N.45 24'47"W. AND A CHORD DISTANCE OF TO THE POINT OF BEGINNING. CONTAINING: 1, SQUARE FEET ±. Section 3. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coral and it is in the best interest of the public that such Petition be granted. The following-described right-of-way and the underlying public utility and drainage easement, as shown in Exhibit "C," are hereby vacated by the City of Cape Coral, to wit: A PORTION OF ROAD RIGHT OF WAY IN LOT 44, BLOCK 5987, CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER SAID LOT 44 FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35*13"E. FOR FEET TO THE POINT OF BEGINNING. THENCE RUN N.89 35'13ME. FOR FEET; THENCE RUN S.00.24'47"E. FOR FEET TO A POINT ALONG THE CUSP OF A CURVE; THENCE RUN FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, SAID CURVE HAVING THE FOLLOWING ELEMENTS, A RADIUS OF FEET, A CENTRAL DELTA ANGLE OF 90 00'00", A CHORD THAT BEARS N.45 24'47,,W. AND A CHORD DISTANCE OF FEET TO A POINT ALONG SAID SOUTH RIGHT OF WAY LINE S.W. 25TH STREET (60 FEET WIDE) TO THE POINT OF BEGINNING. CONTAINING: SQUARE FEET ±. Section 4. Within thirty (30) days from the date of adoption of this resolution, applicant shall provide to the City a deed for a fifteen (15) foot wide perpetual public utility and drainage easement, as shown in Exhibit "D." The deed shall be approved by the City's Real Estate Property Broker prior to execution. The property to be deeded to the City is as follows: A 15 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT IN CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER LOT 44 BLOCK 5987, SAID CAPE CORAL UNIT 93, FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35'13"E. FOR FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE TO AN INTERSECTION WITH THE CENTERLINE OF S.W. 28TH PLACE FOR FEET; THENCE RUN S.00 24'47"E. FOR FEET; THENCE RUN S.89 35'13"W. TO A POINT THAT LIES S.00 24'47"E. FROM THE POINT OF BEGINNING FOR FEET; THENCE RUN N.00o24'47"W. TO A POINT ALONG THE SOUTH RIGHT OF WAY LINE SAID S.W. 25TH STREET (60 FEET WIDE) FOR , MORE OR LESS TO THE POINT OF BEGINNING.

3 CONTAINING: SQUARE FEET +. Section 5. Within thirty (30) days from the date of adoption of this resolution, applicant shall provide to the City a deed for a six (6) foot wide perpetual public utility and drainage easement, as shown in Exhibit "E." The deed shall be approved by the City's Real Estate Property Broker prior to execution. The property to be deeded to the Cityis as follows: A 6 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT IN CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER LOT 44 BLOCK 5987, SAID CAPE CORAL UNIT 93, FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35'13"E. FOR FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89 35'13"E. ALONG SAID SOUTH RIGHT OF WAY LINE FOR FEET; THENCE RUN S.00 24'47"E. FOR 6.00 FEET; THENCE RUN S.89 35'13"W. TO A POINT ALONG THE ARC OF A CURVE FOR FEET; THENCE RUN FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, SAID CURVE HAVING THE FOLLOWING ELEMENTS, A RADIUS OF FEET, A CENTRAL DELTA ANGLE 40 32'09", A CHORD THAT BEARS N.70 08'43"W., A CHORD DISTANCE OF FEET TO A POINT ALONG THE SAID SOUTH RIGHT OF WAY LINE S.W. 25TH STREET TO THE POINT OF BEGINNING. CONTAINING: SQUARE FEET ±. Section 6. Within thirty (30) days from the date of adoption of this resolution, applicant shall provide to the City a deed for a six (6) foot wide perpetual public utility and drainage easement, as shown in Exhibit "F." The deed shall be approved by the City's Real Estate Property Broker prior to execution. The property to be deeded to the City is as follows: DESCRIPTION: A 6 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT IN CAPE CORAL UNIT 93, PLAT BOOK 25, PAGES 1-21, LYING SITUATE IN SECTION 32, TOWNSHIP 44 SOUTH, RANGE 23 EAST, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ALONG THE SOUTH RIGHT OF WAY LINE OF S.W. 25TH STREET (60 FEET WIDE) AND THE NORTHWEST CORNER LOT 44, BLOCK 5987, SAID CAPE CORAL UNIT 93, FOR A POINT OF COMMENCEMENT; THENCE RUN ALONG SAID SOUTH RIGHT OF WAY LINE N.89 35'13"E. TO THE NORTHEAST CORNER BLOCK 5987, SAID CAPE CORAL UNIT 93, FOR FEET; THENCE S.00 24'47"E. FOR FEET TO THE POINT OF BEGINNING; THENCE RUN N.89 35'13"E. A POINT ALONG THE CENTERLINE OF S.W. 28TH PLACE (60 FEET WIDE) SAID CAPE CORAL UNIT 93, FOR FEET; THENCE RUN S.00 24'47"W. ALONG SAID CENTER LINE FOR 6.00 FEET; THENCE RUN S.89 35'13"W. FOR FEET; THENCE RUN N.00 24'47"W. FOR 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING: SQUARE FEET ±. Section 7. The Applicant shall meet the following terms and conditions: 1. The vacation of underlying easements associated with the platted street right-of-way segment of SW 28th Place previously vacated by Resolution 6-99 shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled "Vacation of Underlying Easements S.W. 28th Place, Cape Coral Unit 93," dated September 4, 2015, as depicted in Exhibit "A." 2. The vacation of the six-foot wide public utility and drainage easements associated with Lot 44, Block 5987, shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled "Vacation of a Portion of a 6

4 Foot Wide Public Utility and Drainage Easement Within Lot 44, Block 5987, Cape Coral Unit 93," dated September 4, 2015, as depicted in Exhibit "B." 3. The vacation of a platted street right-of-way and underlying easements located near the northeast corner of Lot 44 shall be consistent with that shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entitled "Vacation of a Portion of Road Right of Way and Underlying Easements at the Northeast Corner Lot 44, Block 5987, Cape Coral Unit 93, Section 32, Township 44 South, Range 23 East (Plat Book 25, Pages 1-21) Lee County, Florida," dated September 4, 2015, as depicted in Exhibit "C." 4. The applicant shall deed to the City 2, ft2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris- Jorgensen, Inc., that is entitled "15 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93," dated October 9, 2015, as depicted in Exhibit "D." 5. The applicant shall deed to the City ft2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entided "6 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93," dated September 4, 2015, as depicted in Exhibit "E." 6. The applicant shall deed to the City ft2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Harris-Jorgensen, Inc., that is entided "6 Foot Wide Public Utility and Drainage Easement, Cape Coral Unit 93," dated September 4, 2015, as depicted in Exhibit "F." 7. The City shall not issue a building permit for the subject property that includes land occupied by easements described in Exhibits "A," "B," or "C" until the City Council accepts deeded easements from die applicants consistent with those replacement easements described in Conditions #4, #5, and #6 above. 8. This resolution shall be recorded with the Office of the Lee County' Clerk of Circuit Court by the City of Cape Coral after deeded easements from the applicants as described in Conditions #4, #5, and #6 above have been approved by the City Council. This resolution shall not be recorded and therefore become effective until die applicants reimburse the Department of Community Development for all recording fees associated with this resolution. Section 8. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE CITY COUNCIL OF THE CUT OF CAPE CORAL AT ITS REGULAR COUNCIL SESSION THIS DAY OF, VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA STOUT MARNI L. SAWICKI, MAYOR LEON ERBRICK WILLIAMS COSDEN ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM, CITY CLERK BRIAN R. BARTOS ASSISTANT CITY ATTORNEY res/vpl5-0003

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