Agenda 12/13/2016 Item # 9B 9.6
12/13/2016
EXECUTIVE SUMMARY
***This item continued to the January 10, 2017 BCC Meeting*** 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 9A and 9C).
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 Naples
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. 2016-243) was approved by the Board of County
Commissioners (Board)on November 15, 2016.
Staff 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
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9.6
12/13/2016
collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of
recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The 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 of Courts 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.Legal ad-Agenda ID 2199 (PDF)
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9.B
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Item Summary: ***This item continued to the January 10, 2017 BCC Meeting*** 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: 12/13/2016
Prepared by:
Title: County Surveyor—Growth Management Development Review
Name: Marcus Berman
11/17/2016 12:57 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
11/17/2016 12:57 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/17/2016 1:12 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/17/2016 1:38 PM
Capital Project Planning, Impact Fees,and Program Management Trinity Scott Additional Reviewer Completed
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/18/2016 11:07 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/21/2016 8:22 AM
Growth Management Department James French Additional Reviewer Completed 11/21/2016 6:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2016 8:06 AM
County Attomey's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2016 8:10 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/22/2016 11:09 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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9.B.a
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on December 13, 2016, in the
Board of County Commissioners Meeting Room. Third Floor,
Collier Government Center,3299 Tamiami Trail East.Naples FL., N
the Board of County Commissioners (BCC) will consider the
enactment of a County Resolution. The meeting will commence o
at 9:00 A.M.The title of the proposed Resolution is as follows:
0
RESOLUTION NO.2016- _ a
ARESOLUTiONOFTHEBOARDOFCOUNTYCOMMISSIONERS 4
OF COLLIER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE. er
AND VACATE THE COUNTY AND THE PUBLIC INTEREST
IN TRACT RW4, AN APPROXIMATELY 100-FOOT WIDE, CC
1,300-FOOT LONG TRACT DEDICATED TO THE COUNTY y L
FOR FUTURE RIGHT-OF-WAY ACCORDING TO NAPLES ms
HERITAGE GOLF AND COUNTRY CLUB PHASE ONE. PLAT N 0
BOOK 26,PAGE 73 OF THE PUBLIC RECORDS OF COLLIER v, 14
COUNTY, FLORIDA.THE SUBJECT PROPERTY iS LOCATED v
APPROXIMATELY 1/2 MILE EAST OF SANTA BARBARA – .`
BLVD,AND 1 MILE SOUTH OF DAVIS BLVD,IN SECTION 9, `Z CB
TOWNSHIP 50 SOUTH,RANGE 26 EAST.COWER COUNTY, m
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FLORIDA.(PETITION VAC-PL20160001403) C
S.
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are Z
invited to attend and be heard. c_ U
NOTE: All persons wishing to speak on any agenda Item must CD 4
register with the County manager prior to presentation of a >
the agenda item to be addressed. Individual speakers will be '-..<
limited to 3 minutes on any item. The selection of any individual Z
to speak on behalf of an organization or group is encouraged. °
If recognized by the Chairman, a spokesperson for a group or 3 tr
organization may be allotted 10 minutes to speak on an item.
°)
Persons wishing to have written or graphic materials included in N.) r•
the Board agenda packets must submit said material a minimum .., N
of 3 weeks prior to the respective public hearing. In any case, o In
written materials intended to be considered by the Board shall FA —
be submitted to the appropriate County staff a minimum of °'
seven days prior to the public hearing. All materials used in to a
presentations before the Board will become a permanent part v 0
of the record.
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Any person who decides to appeal any decision of the Board .
will need a record of the proceedings pertaining thereto and .cs
therefore, may need to ensure that a verbatim record of the es
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based. cs
tfyou are a person with a disability who needs any accommodation J
in order to participate in this proceeding,you are entitled, at
no cost to you,to the provision of certain assistance. Please y
contact the Collier County Facilities Management Division,
located at 3335 Tamiami Trail Last.Suite 101,Naples,FL 34112
5356, (239) 252-5380, at least tvuo days prior to the meeting. U
Assisted listenino devices for the hearing impaired are availablens
in the Board of County Commissioners Office.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
November 23,2016 No.1364106
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