Agenda 02/14/2017 Item #17A02/14/2017
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL20160003082, to disclaim, renounce and vacate the
County and the public interest in a portion of the 6-foot Public Utility Easement located along the
northeasterly border of Lots 1 through 4, Block 1 of Trail Acres, recorded in Plat Book 3, Page 50,
of the public records of Collier County, Florida. The subject property is located on the west side of
Southwest Boulevard, just south of Tamiami Trail East, in Section 32, Township 50 South, Range
26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 6-
foot Public Utility Easement located along the northeasterly border of Lots 1 through 4, Block 1 of Trail
Acres, recorded in Plat Book 3, Page 50 of the public records of Collier County, Florida, located in
Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown
in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20160003082 has been received by the Development Review
Division, Growth Management Department, from Michael R. Fernandez, R.A., AICP, of Planning
Development, Inc., as agent for the Petitioner, FTB Holding LLC., to vacate a portion of the 6-foot
Public Utility Easement located along the northeasterly border of Lots 1 through 4, Block 1 of Trail
Acres, recorded in Plat Book 3, Page 50 of the public records of Collier County, Florida.
The 6-foot wide easement is labeled as an “Easement for Public Utilities” along the rear yard boundary
of the lots within the Trail Acres plat, including the subject property. According to the Property
Appraiser’s website, the Petitioner FTB Holding, LLC., is fee simple owner of Lots 1-4.
According to the applicant, the vacated easement segment along the rear of Lots 1-4 does not contain
any utility facilities or improvements, and was isolated in 1988 by the vacation of the 6-foot wide Public
Utility Easement along the adjacent property to the northwest (Lots 5 -10). There is no public detriment
to the vacation because the County has no facilities within the easement and has no interest in the public
utility easement, which is a type of easement that is typically intended for use by utility companies such
as electric, telephone, or gas public utilities. The relevant utility companies have provided letters of no
objection to the vacation, and according to the applicant, none of these companies have facilities within
the existing easement. Moreover, the applicant has received letters of no objection from ab utting
property owners who have responded.
Staff has reviewed this petition and found no reason for objection.
FISCAL IMPACT: 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.
LEGAL CONSIDERATIONS: Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101,
the Board of County Commissioners (Board) may adopt resolutions vacating plats in whole or in part of
subdivisions in Collier County, returning the property covered by such plats either in whole or in part
into acreage, 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;
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be
vacated;
4. The vacation will not affect the ownership or right of convenient access of persons owning other
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parts of the subdivision.
This item has been approved as to form and legality, and requires a majority vote for Board approval ---
SAS
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-
PL20160003082, which will vacate the County and the public interest in a portion of the 6-foot Public
Utility Easement located along the northeasterly border of Lots 1 through 4, Block 1 of Trail Acres,
recorded in Plat Book 3, Page 50, of the public records of Collier County, Florida, located in Section 32,
Township 50 South, Range 26 East, 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 and to
make proper notation of this Resolution on the plat of Trail Acres, as recorded in Plat Book 3, Page 50,
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. Resolution - 111716 (PDF)
2. Trail Acres plat Marked-up (PDF)
3. LONO - Joe & Marjorie Grimes -yes (PDF)
4. LONO Century Link - yes (PDF)
5. LONO Comcast-Time Warner - yes (PDF)
6. LONO FPL - yes (PDF)
7. LONO GNFD - yes (PDF)
8. LONO Sheriff - yes (PDF)
9. Legal Ad - Agenda ID #2525 (PDF)
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02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Item Summary: Recommendation to approve Petition VAC-PL20160003082, to disclaim,
renounce and vacate the County and the public interest in a portion of the 6-foot Public Utility Easement
located along the northeasterly border of Lots 1 through 4, Block 1 of Trail Acres, recorded in Plat Book
3, Page 50 of the public records of Collier County, Florida. The subject property is located on the west
side of Southwest Boulevard, just south of Tamiami Trail East, in Section 32, Township 50 South, Range
26 East, Collier County, Florida.
Meeting Date: 02/14/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
01/05/2017 8:55 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/05/2017 8:55 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 01/05/2017 10:03 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/05/2017 12:19 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/06/2017 9:53 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/09/2017 8:56 AM
Growth Management Department James French Additional Reviewer Completed 01/10/2017 10:03 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/11/2017 4:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2017 10:33 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/13/2017 8:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/13/2017 10:35 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/25/2017 1:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
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17.A.a
Packet Pg. 1143 Attachment: Resolution - 111716 (2525 : VAC-Trail Acres)
17.A.a
Packet Pg. 1144 Attachment: Resolution - 111716 (2525 : VAC-Trail Acres)
17.A.a
Packet Pg. 1145 Attachment: Resolution - 111716 (2525 : VAC-Trail Acres)
17.A.a
Packet Pg. 1146 Attachment: Resolution - 111716 (2525 : VAC-Trail Acres)
17.A.b
Packet Pg. 1147 Attachment: Trail Acres plat Marked-up (2525 : VAC-Trail Acres)
17.A.c
Packet Pg. 1148 Attachment: LONO - Joe & Marjorie Grimes -yes (2525 : VAC-Trail Acres)
17.A.d
Packet Pg. 1149 Attachment: LONO Century Link - yes (2525 : VAC-Trail Acres)
17.A.e
Packet Pg. 1150 Attachment: LONO Comcast-Time Warner - yes (2525 : VAC-Trail Acres)
17.A.f
Packet Pg. 1151 Attachment: LONO FPL - yes (2525 : VAC-Trail Acres)
17.A.f
Packet Pg. 1152 Attachment: LONO FPL - yes (2525 : VAC-Trail Acres)
17.A.f
Packet Pg. 1153 Attachment: LONO FPL - yes (2525 : VAC-Trail Acres)
17.A.g
Packet Pg. 1154 Attachment: LONO GNFD - yes (2525 : VAC-Trail Acres)
17.A.h
Packet Pg. 1155 Attachment: LONO Sheriff - yes (2525 : VAC-Trail Acres)
17.A.i
Packet Pg. 1156 Attachment: Legal Ad - Agenda ID #2525 (2525 : VAC-Trail Acres)
17.A.i
Packet Pg. 1157 Attachment: Legal Ad - Agenda ID #2525 (2525 : VAC-Trail Acres)