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Agenda 10/11/2016 Item #9B
9.B 10/11/2016 EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL20160001403 to disclaim, renounce and vacate the County and the public interest in Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd., and 1 mile south of Davis Blvd,in Section 9,Township 50 South,Range 26 East,Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County,Florida,being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20160001403 has been received by the Development Review Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent for the applicant, Naples Heritage Golf and Country Club, Inc., to vacate Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida,as further described in Exhibit A to the attached Resolution. The Naples Heritage Golf&Country Club,Inc. is proposing to vacate Tract RW4 of the Naples Heritage Golf& Country Club Phase One Plat. Tract RW4 was dedicated to Collier County as a "road right-of- way" with responsibility for maintenance, and is labeled as "100' Future Right-of-Way Reservation" on the plat. It is approximately 100 feet wide and 1,307 feet long, and is undeveloped. According to the Quit-Claim Deed dated December 30, 2002, recorded in O.R. Book 3187, Page 106, the Petitioner, Naples Heritage Golf&Country Club,Inc., is fee simple owner of Tract RW4. Tract RW4 was platted as a future right-of-way for the County in the Phase One plat in order to provide for a portion of a possible future right-of-way corridor between County Barn Road and Collier Boulevard. According to County staff, this right-of-way tract is no longer necessary, as the right-of-way corridor can no longer be developed because land to the east of the tract (to Collier Boulevard) are wetlands encumbered by conservation easements. Moreover, the applicant intends to place a conservation easement in favor of the County over Tract RW4 and will provide the conservation easement once the South Florida Water Management District and Army Corps of Engineers complete their review of the SDP for the adjacent Tennis Center to the west. Placing this tract under a conservation easement will allow for expansion of the larger adjacent preserve area to the north(Tract C5 of the Phase One plat).For these reasons,the proposed request will not result in public detriment. A Resolution to set this hearing date (Resolution No. 2016-195 was approved by the Board on September 27,2016. The Development Review Division has reviewed this petition and found no reason for objection. A Letter of No Objection was received from Naples Heritage Golf& Country Club, Inc. Moreover, a letter of objection has been received from the adjacent owner of lot 1 to the east(See attached letters). FISCAL IMPACT: The Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. Packet Pg. 193 X9.B 10/11/2016 GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation Tract RW4, an approximately 100- foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County,Florida Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with respect to property under their control, upon petition of any person or persons,may adopt a resolution to vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith,when the following criteria are met: 1. The request is in the interest of the general public welfare,or no public detriment is established. 2. The request does not invade or violate individual property rights. Moreover,pursuant to Florida Statutes Section 177.101,the Board may adopt resolutions vacating plats in whole or in part of subdivisions when the following criteria are met: 1. The request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. 2. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated. This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: To approve the attached Resolution,relating to Petition VAC-PL20160001403, which will vacate Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida, being more specifically shown in Exhibit A. Direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club,Phase One, as recorded in Plat Book 26,Page 73, of the public records of Collier County,Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. ATTACHMENT(S) 1.LONO Naples Heritage CC (PDF) 2.Resolution initialed by SAS -091316 (PDF) 3.Legal Ad-Agenda No 19930000 (PDF) 4.Email from Joe Huber Tract RW4 (PDF) 5.Objection Letter from Joe Huber (PDF) Packet Pg. 194 ,, 9B . 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20160001403 to disclaim, renounce and vacate the County and the public interest in Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd., and 1 mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East,Collier County,Florida. (This is a companion to Agenda Items 9.A and 9.C). Meeting Date: 10/11/2016 Prepared by: Title:County Surveyor—Growth Management Development Review Name: Marcus Berman 09/23/2016 10:47 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 09/23/2016 10:47 AM Approved By: Review: Growth Management Development Review John Houldsworth Level 1 Sim.Reviewer 1-8Completed Growth Management Department Matthew McLean Level 1 Sim.Reviewer 1-8 Completed 09/23/2016 12:04 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/23/2016 3:19 PM Capital Project Planning,Impact Fees,and Program Management Trinity Scott Level 1 Sim.Reviewer 1-8Completed Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/26/2016 2:32 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/26/2016 3:15 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/27/2016 2:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 1:29 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 8:01 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 5:06 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 2:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM Packet Pg. 195:; i '- (lenoJddd PM21 a6e;laaH seldeN-OVA: £666) OO a6elpeH seldeN ONO1 :;uauagoe4y x NAPLES HERI'TA c35. G O L F & C O U N T R Y C L U B '' riyNij :t.) o I ' 1 August 15,2016 To Whom It May Concern: The Naples Heritage Golf&CountryClub, Inc.submits this letter as acknowledgement that we are the applicant for the Vacation of Right-of-way for Tract RW4 of Naples Heritage Golf&Country Club, Phase One and have no objection to the vacation of this right-of-way, Sincerely, / /' id , 4 ) David Beiser,President Naples Heritage Golf&Country Club,Inc. 8150 Heritage Club Way•Naples,'Florida 34112 239-417-2555 6 Fax 239-417-1717 RESOLUTION NO.2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TRACT RW4, AN APPROXIMATELY 100-FOOT WIDE, 1,300-FOOT LONG TRACT ra DEDICATED TO THE COUNTY FOR FUTURE RIGHT-OF-WAY ACCORDING TO NAPLES HERITAGE GOLF AND COUNTRY a CLUB PHASE ONE, PLAT BOOK 26, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20160001403) a) WHEREAS, pursuant to Resolution 2013-166, Gina R. Green, P.E., of Gina R. Green, P.A., on behalf of the Petitioner, has requested the vacation of the County and the Public interest in Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida,being more specifically described in Exhibit A, attached hereto; and M WHEREAS, at its , 2016 regular meeting, the Board of c Commissioners, via Resolution No. 2016- , approved the scheduling of a public hearing on , 2016,pursuant to Resolution 2013-166; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law;and 0 WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and the 2 public interest in Tract RW4, an approximately 100-foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida, being more specifically shown in Exhibit A, 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 of Collier I of2 a)) Packet Pg r 197 �gs• b= County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County,Florida. This Resolution adopted after motion, second and majority vote favoring same, this the day of , 2016. To 0 L ATTEST: BOARD OF COUNTY COMMISSIONERS Q DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA a) B 0) y: ,Deputy Clerk DONNA FIALA, Chairman Ts co Approved as to form and legality: M By: Scott A. Stone - to,^ Assistant County Attorney Attachments: N 1. Exhibit A cn 2. Location-Site Map a) T 0 0 d a1 U 2 of 2 rA� „fi Packet Pg 198 WANLY ENGINEERING 9B b AND DESIGN INC. linkCIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING EXHIBIT "A " LEGAL DESCRIPTION TRACT RW4 TO BE VACATED LOCATED IN NAPLES HERITAGE GOLF& COUNTRY CLUB PHASE ONE COLLIER COUNTY,FLORIDA Ti FEBRUARY 3,2016 2 a Q. COMMENCE AT THE SOUTHWEST CORNER OF SECTION 9,TOWNSHIP 50S,RANGE 26E, < AND RUNNING THENCE BINDING ON THE SOUTH LINE OF SECTION 9, S89°24'20"E i 3268.58'TO THE SOUTHWEST CORNER OF TRACT RW4 OF NAPLES HERITAGE GOLF& ai COUNTRY CLUB PHASE ONE,AS RECORDED IN THE LAND RECORDS OF COLLIER r COUNTY IN PLAT BOOK 26 PAGES 73 THROUGH 80,AND THE POINT OF BEGINNING; i THENCE BINDING ON THE WESTERLY LINE OF TRACT RW4,N00°43'07"W 100.03';THENCE d BINDING ON THE NORTHERLY OUTLINE THEREOF, S89°24'00"E 1307.42' TO THE 0 EASTERLY OUTLINE THEREOF;THENCE BINDING ON THE EASTERLY OUTLINE, z S00°41'08"E 100.03' TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE a SOUTHERLY LINE OF SECTION 9; THENCE BINDING THEREON N89°24'00"W 1307.36' TO THE POINT OF BEGINNING. a C) �' CONTAINING 130,789 SQ.FT OR 3.00 ACRES MORE OR LESS r M v- Q1 O i PREPARED BY:4 ,(044/#0444" a U) a d li WILLIAM C. WANLY P.S.M. FLORIDA REGISTRATION NO. 1543 0 w WANLY ENGINEERING AND DESIGN,INC. 0 2025 J&C BLVD. SUITE 5re NAPLES FL 34109 d E c) cv Q 2016 000 1 4 03 REV 1 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 Packet Pg 199 1 -all- EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE TWO—A PB 28, PG 11 �"• LOT 9 BLOCK F Ti LAT 8 > IAT 39 IAT 7 LOCK F Q BLOCK B BLOCK F Q LOT 8 BLACK F i Ce a) co LOTS CO BLOCK F LOT 4 NAPLES HERITAGE GOLF & y BLOCK F COUNTRY CLUB PHASE ONE 01 41 o a ` PB 26, PGS. 73-80 z Z z s 0 z $ BOK 3F TRACT C5 0 8 z Q ca c G: — CONSERVATION AND BUFFER EASEMENT x '1..' 8 c > epv o 4:7 A IC LAT 2 O Fa an x 0) BLOCK F O g C Of x�8 CO Li o v UCC c�1 BLOCK 1Q! 4 V C .�.. T. G W O- Z t], U r• W O 76 0 Q N00'43'07"W a )., 100,03' S89'24'00'E 1307.42' -o /////////////////////////// °' 130,7800 SO. FT. OR 3.00 ACRES `° 589'24'20"E /��///f%/%�///// ////:#411 c N89'24'00'141 1307.36' 3268.58' (N) P.O.B. S00'41'08"E :� P.O.C. SOUTHWEST CORNER OF TRACT RW4 100.03' C SOUTHWEST CORNER OF SECTION 9S D. CORPORATION OF NAPLES, INC. d cc COUNTY PARCEL No. 00418640007 iiP UNPLATTED As Q SIGNED: y 2 3 / William C. McAnly, P.S.M. #1543 P! 2016 0 0 0 1 4 R V LEGAL DESCRIPTION: SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 SKETCH OF LEGAL DESCRIPTION McANLY ENGINEERING ILII MII = VACATION OF EASEMENT AND DESIGN INC. l NE ENGINEERING.FLAWING. IIIII MIN NAPLES HERITAGE GOLF&COUNTRY CLUB SURVEYiik\ING MI _ PHASE TWO-A 2025 Inc e0t7LEVARD-SUITE 5 NAPLES,FLORIDA 34109 SCALE:1'-200' OWN.:R.H. ICNK.:M.K.RIDATE: 1/15/16 LCL 593-3299 FAX(239}593-3296 NO. REVISIONS OWN 3: , COPYRIGHT. 2016 BY McANLY ENGINEERING AND DESIGN.INC. ALL RIGHTS RESERVED PROJECT: 130209 .,x,, I I' 'Packet Pg 200;,' 9.W) o ` N 1r---- Z 14 '''''.1.-JH iri wQ CeQ Ts I 0.DI E a H yco Z.-- roe 4..,y4t m 0 c G' coo 1avat r y ppp44a� A Opp. : �—•�p o $ co o lova >d -co a-- � o 0 M 0z� thy.= fj Mvas oma_ roA om.c q co PA a, rAoaoxo 0 / c o 0..o 511 IV— '✓- � II tic to •.a.o UO issao R �, 'Cc>o • pow WI_ i o •41.0� GAsa a orole,� _� 111 W-- - R!v1 ...115 § ✓ z — kooaa3oavggo Ijk " Cg wa ;rtl�_ i © a /1 . Iltri ' t wri it cn ti 1I Q tib° F0minissid � :i " H a) 6 111111 3 N 141 11 (Z9 _ M"r � > 1 117-1 oav A 1311 'iii q/• 3a ,. wwwarv.1,„s mush \ft:1VMM VIM UM=III 4 AM Illlwx r ) , ,,k...:1 .1. no: ,, -vs. a - Mill 51 - i Cp " y e L 0I' QQ f [y • g j ,-. - -,.... II . 11 11 .o l l - .. _A.��o u < < 111111 Packet Pg.201, E3 cy NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on October 11, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2016- ARESOLUTIONOFTH EBOARDOFCOUNTYCOMMISSIONEftS OF COLLIER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE, R AND VACATE THE COUNTY'AND THE PUBLIC INTEREST o IN TRACT RW4, AN APPROXIMATELY 100-FOOT WIDE, 1,300-FOOT LONG TRACT DEDICATED TO THE COUNTY 0- FOR FUTURE RIGHT-OF-WAY ACCORDING TO NAPLES a. HERITAGE GOLF AND COUNTRY CLUB PHASE ONE, PLAT BOOK 26PAGE 73COLUER COUNTY,FLORIDA.THE SUBJECT PROPERTY ISF THE PUBLIC RECORDSFOCATED et APPROXIMATELY 1/2 MILE EAST OF SANTA BARBARA a> BLVD, AND 1 MILE SOUTH OF DAVIS BLVD,IN SECTION as 9, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLUER N +° COUNTY,FLORIDA.(PETITION YAC-PL20I60001403) 0 `m A copy of the proposed Resolution is on file with the Clerk to the coo av'i Board and is available for inspection. All interested parties are °' a invited to attend and be heard. mea Q NOTE:All persons wishing to speak on any agenda item must Q register with the County manager prior to presentation of Lei > the agenda item to be addressed. Individual speakers will bera limited to 5 minutes on any item. The selection of any individual 3 el to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or Cr ?'^ organization may be allotted 10 minutes to speak on an item. `-° Persons wishing to have written or graphic materials included in TVo 0 the Board agenda packets must submit said material a minimum o 0 of 3 weeks prior to the respective public hearing. In any case, a, M written materials intended to be considered by the Board shall Z aa) be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in -o 0 presentations before the Board will become a permanent part To" z of the record. toco a Any person who decides to appeal any decision of the Board aai will need a record of the proceedings pertaining thereto and '� Q therefore, may need to ensure that a verbatim record of the Z proceedings is made, which record includes the testimony andli Q evidence upon which the appeal is based. If you area person with adisabilitywho needs any accommodation `o in order to participate in this proceeding, you are entitled, at m no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- _ 5356, (239) 252-8380, at least two days priorto the meeting. °1 Assisted listening devices for the hearing impaired are available ._ in the Board of County Commissioners Office. a ' BOARD OF COUNTY COMMISSIONERS Q COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon, Deputy Clerk(SEAL) September 21,2016 No.1269691 PaacketPg.202 �tir '9.B.d- ' BermanMarcus From: Huber,Joe <huber@CCAPGH.org> Sent: Friday, September 30,2016 1:53 PM To: BermanMarcus Subject: Objection to Petition for Vacation of Road Right of Way Petition VAC PL 2016-0001403 Dear Mr. Berman, I writing to formally object to the Petition of Naples Heritage Golf&Country Club to Vacate a Road Right of Way set forth above as this is a companion to Petition for Vacation with VAC PL 2016-1406 for which I have filed written c objections. I object for the same reasons set forth in my objections VAC PL 2016-1406 a C4 a) a) Ll U co rn CG .r v as a) a) a)a) .t: z� 1 Packet Pg 203 9.B.e Marcus L. Berman, P.S. M. County Land Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive Naples Florida 34104 September 20.2016 RE: Naples Heritage Golf&Country Club 0 Vacation of Easement Petition VAC-PL20160001406 Dear Mr. Berman, We are the owners of Lot 1 in the Naples Heritage Golf&Country Club plan of lots show as Folio 61870001621 on the site plan for vacation submitted by Gina R.Green, P.A. Per my conversation with Scoot Stone and Eric Johnson objecting to this vacation,this letter is to express our written ai objection t to the vacation of this easement. In support of this we cite the following reasons: as1. Vacation of this easement would eliminate the quiet and peaceful enjoyment by us and other residents of Colonial Court a totally single family residential neighbor. 2. We paid a premium for this property location because of the charartistics of the neigh hood rn and the unique nature of this area in Naples Heritage.The easement enhanced these characteristics of Colonial Court. 3. The single family homes on Colonial Court are the only single family homes not on Naples Heritage Drive the main thoroughfare in the Naples Heritage Community which makes the street unique. 4. Development of the adjacent parcel will substantially increase traffic on Colonial Court and E the intersection at Naples Heritage drive.The addition of an entrance to this development ,° close to this intersection will create a hazardous and unsafe condition. I 5. Colonia Court cul de sac is used by all residents of Naples Heritage for walking jogging and bicycle riding both by adults and children.The resultant increased traffic and intersection will result in a safety hazard for these individuals. 6. The easement provides a buffer for our property from any development including the proposed in this plan.The proposed landscape buffer is insufficient to prevent the p disruption and attendant noise and activity associated with a recreational area c 7. At the time of our purchase of our lot,the property sought to be developed for the tennis courts was not owned by the PUD. It was purchased to prevent further development with s the objective of preventing additional traffic in this neighborhood and the community. Development of this site is inconsistent with this objective,and imposes a development never contemplated by the original developers or the purchasers of Colonial Court. 8. All of land to the south east and west is currently either wooded,conservation or preserve. Except for the six single family homes.Vacation this easement and the subsequent development of a recreational area on the adjacent property will have a negative environmental impact on birds and wildlife as well the residents of Colonial Court. 9. Vacation of this property and adding fill, and changing the contours of the land could negatively impact the water flow drainage and potential for standing water in the area Packet Pg.204, 9B.e thereby impacting adjacent property owners. 10. There are no other recreational areas in the single family residential portion of Naples Heritage PUD:yet this plan seeks to prose one on these residents. 11. Vacation of this easement will negatively impact the property values of residents of Colonial Court. The letter submitted with this with this vacation request states and I quote"there is an indirect public benefit of vacating this conservation easement".We see no public benefit and a lot of adverse impact on us,the residents of Colonial Court and adjacent property owners. a O The Naples Heritage PUD has available property that could be utilized to develop this tennis facility near o. the existing clubhouse,golf club,swing pool and restaurant.Adding this existing tract rather than a developing it would add to the preserve and conservation area in the PUD. In our view and many others there has not been a good faith attempt to pursue another location for the a, tennis courts. If this were a new development, no developer would propose to put a recreation facility such as proposed here in the midst of a single family residential area nor would a municipality in my = view approve such a plan without serious review and questioning. In the instant case,they seek to w impose such a Plan on residents some of whom have resided in the community for decades,and have done so with misrepresentations and half-truths. U We ask that you reject the application for Vacation of this conservation Easement. > 07 �-. Respectfully Submitted, C) d 0 Joseph h V. Huber E Barbara M. Huber 3645 SR 982 m Latrobe, Pa 15650 O v .co Q 0 Q) E . C> tC Packet,Pg.205