Loading...
Agenda 05/23/2017 Item #17B Proposed Agenda Changes Board of County Commissioners Meeting May 23, 2017 Withdraw Item 16A19: Recommendation to approve an Agreement for Special Magistrate Services for Code Enforcement with the law firm of Patrick Neale&Associates. (Staff's request) Move Item 17B to Item 9A: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-PL20170000440 to disclaim, renounce and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The subject road right-of- way is located west of 8th Street Northwest, just north of Immokalee Road in Section 21, Township 48 South, Range 27 East, Collier County, Florida. (Commissioner McDaniel's request) Item 16K10: Recommendation to authorize the County Attorney to pursue an Appeal in the Eleventh Circuit Court of Appeals in the litigation styled Collier County v.Holiday CVS,LLC and RTG,LLC,against one party,Realty Trust Group,LLC,and to settle the litigation with Holiday CVS,LLC. The County Attorney requests two changes be made to the Settlement Agreement with CVS on Item 16K10. Pursuant to agreement of the parties,the language "Underlying Condemnation Action" appears in two places in Paragraph 2 of the Settlement Agreement, and it should be removed in both places. 2. Mutual Release. The Parties shall mutually release each other and their respective successors, assigns, servants, affiliates,subsidiaries, divisions, parents,predecessors, employees, agents, independent contractors, consultants, affiliates, officers,directors,members, attorneys, and all other persons, partnerships,firms, corporations or legal entities of whatsoever kind or nature in privity therewith,who are or might be liable in any way, from any and all claims, actions,causes of action, legal,equitable or administrative proceedings, demands, rights, damages, losses,relief of whatsoever kind or nature, costs, expenses,fees and compensation whatsoever,which the Parties now have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, developed and undeveloped damage(s)or loss(es)and the consequences thereof resulting from the - •. _ . . . . • - •,Action,Fee Claim and Appeal,from the beginning of the world to the date this agreement is last signed including, but not limited to, all claims which were asserted or could have been asserted, and all relief sought or that could have been sought in the Action. In making this release,the Parties agree they had the advice of counsel in so doing, and do so freely and voluntarily.It is also understood that the settlement terms under this Agreement are not construed as an admission of liability,but as a compromise of the - •:- _ . . . :-,Action,Fee Claim and Appeal. 5/25/2017 8:55 AM 05/23/2017 EXECUTIVE 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-PL20170000440 to disclaim, renounce and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The subject road right-of-way is located west of 8th Street Northwest, just north of Immokalee Road in Section 21, Township 48 South, Range 27 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 60- foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida, in Section 21, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20170000440 has been received by the Development Review Division, Growth Management Department, from David Willems, P.E., of Waldrop Engineering, P.A., as agent for the applicant, Red Apple at Collier, LLC, to vacate a portion of the 60 -foot wide road right-of- way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida, in Section 21, Township 48 South, Range 27 East, Collier County, Florida, as further described in Exhibit A to the attached Resolution. The applicant is proposing to vacate the County and the public interest in a segment of 25th Avenue N.W. approximately 665 feet in length, between the 30-foot drainage easement located along the western boundary of Tracts 1 & 3, and the 60-foot road right-of-way (8th Street NW) located along the eastern boundary of Tracts 2 & 3 of Golden Gate Estates Unit No. 21. The roadway dead ends at the western terminus of the subject property. According to the Warranty Deed dated September 14, 2016 and recorded on September 15, 2016 in OR Book 5314, Page 1125, Red Apple at Collier, LLC is fee simple owner of the subject real property. The subject right-of-way was dedicated to the County on the plat of Golden Gate Estates, Unit No. 21, as recorded in Plat Book 7, Page 81 of the Official Public Records of Collier County, Florida. There is no public detriment because the right-of-way dead ends at the western terminus of the subject property and only provides service to the subject property itself. There are no other property owners that gain benefit from the roadway. In addition, there are currently no existing utilities within the roadway. The vacation of this right-of-way will provide the public benefits of keeping school traffic off Golden Gate Estates roadways, which was requested by the residents, and eliminating the need for the County to maintain a roadway that only benefits one (1) property owner. Vacating the existing platted right-of-way easement will not negatively impact public health, safety or welfare. The County will retain a County Utility Easement over the vacated right-of-way in order to allow for future placement of county utility facilities. The County will also retain an access easement over the vacated right-of-way in order to access and maintain the 30-foot drainage easement known as “Twin Eagles” canal located just west of the property. Moreover, the County will retain a drainage easement over the vacated right-of-way in order to access and maintain the drainage swales located along the 17.B Packet Pg. 1119 05/23/2017 north and south side of the vacated area. These reserved easements are depicted on Exhibit C, attached as backup to this agenda item. Letters of no objection were received from FPL, Comcast, CenturyLink, Sheriff's Office, and the N orth Collier Fire & Rescue District. A letter of no objection was also received from the Golden Gate Estates Area Civic Association, Inc., subject to a condition that the property owner provide a landscape buffer along the north boundary of the property in the event that the school expands its operations north of the vacated area. The property owner has agreed to the condition. The condition has been included as part of the Resolution to vacate the subject right-of-way, and is described in more detail in Exhibit B attached to the Resolution. A Resolution to set this hearing date (Resolution No. 2017-74) was approved by the Board of County Commissioners (Board) on April 25, 2017. 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. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 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. 3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated, OR a statement from the Petitioner demonstrating the reason for the request including any property or financial interest or projects affected by a granting of such request. 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 is met: 1. The request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. 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-PL20170000440, which will vacate a portion of the 60-foot wide road easement, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida, located 17.B Packet Pg. 1120 05/23/2017 in Section 21, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A. To 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 Res olution on the plat of Golden Gate Estates Unit No. 21, Plat Book 7, page 81 of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division ATTACHMENT(S) 1. Application (PDF) 2. Resolution initialed by SAS - 050117(1) (PDF) 3. Exhibit C (PDF) 4. LONO CenturyLink-Comcast (PDF) 5. LONO FPL (PDF) 6. LONO North Collier Fire (PDF) 7. LONO Sheriff (PDF) 8. LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (PDF) 9. Affidavit of Authorization (PDF) 10. Legal ad - Agenda ID 2749 (PDF) 17.B Packet Pg. 1121 05/23/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 2749 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-PL20170000440 to disclaim, renounce and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The subject road right -of-way is located west of 8th Street Northwest, just north of Immokalee Road in Secti on 21, Township 48 South, Range 27 East, Collier County, Florida. Meeting Date: 05/23/2017 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 04/14/2017 9:52 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 04/14/2017 9:52 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 04/14/2017 11:01 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 04/17/2017 9:51 AM Growth Management Development Review Marcus Berman Additional Reviewer Completed 04/19/2017 8:11 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/19/2017 4:06 PM Growth Management Department Matthew McLean Additional Reviewer Completed 04/20/2017 10:05 AM Growth Management Department Marcus Berman Level 2 Division Administrator Skipped 04/14/2017 9:21 AM Growth Management Department James French Additional Reviewer Completed 04/28/2017 7:12 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 05/01/2017 9:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/01/2017 10:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2017 2:10 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/10/2017 11:28 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/17/2017 12:06 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM 17.B Packet Pg. 1122 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 1 of 5 APPLICATION FOR VACATING Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37; Ordinance No. 01-57; Resolution 2013-166; and Applicable sections of the Collier County Land Development Code NOTE: Please see John Houldsworth/Marc Berman from Development Review before submitting AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________ AVPLAT- Vacation of Plats or portions of plats of subdivided land Plat Book: ______________________________ Page(s): _______________________________ AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roa ds. Official Record Book: ___________________________ Page(s): _________________________ PETITION NO (PL) PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Property Owner: ___________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ Name of Agent: ____________________________________________________________________________ Firm: _____________________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ For Staff Use 17.B.1 Packet Pg. 1123 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 2 of 5 PROPERTY INFORMATION Reason for Request: _________________________________________________________________________ Address of Subject Property: __________________________________________________________________ Legal Description: ___________________________________________________________________________ Section: _______ Township: _______ Range: _______ Current Zoning: __________________________ Will this affect density? ______________________________ NOTE: 1) If applicant is a land trust, indicate the name of beneficiaries. 2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. 17.B.1 Packet Pg. 1124 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 3 of 5 SUBMITTAL REQUIREMENTS CHECKLIST This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application, and the below checklist, refer to Resolution 2013-166. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Addressing Checklist signed by Addressing Department 1 CD of complete application and all submittal documents in PDF format 1 Fee Simple Deed 1 Statement explaining the general public benefit received from the proposed vacation 1 Certificate showing all State and County taxes have been paid for subject parcel 1 Assessment map depicting area of proposed vacation 6 List of abutting and other property owners within 250 feet of the proposed vacation including their address, and parcel number 1 Site Plan on 8 ½ in. x 11 in. paper 6 Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled (in bold: “Exhibit A”) 6 Signed and sealed sketch of the legal description 6 Copy of the recorded subdivision plat, if applicable 1 Letter Authorizing representation, if the applicant isn’t the owner 1 Affidavit of Authorization, signed and sealed 1 Replacement easement documentations, if applicable 6 If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacation of Easement only 1 Copy of document which granted, conveyed or dedicated the right-of-way to the county or public, for Vacation of Right-of-Way only 1 Letters of No Objection, from each of the following, as applicable: (addresses may not be current) Electric Company- Florida Power and Light: ATTN Hau Tran, 4105 15th Ave. SW, Naples, FL 34116. (239)353-6025 Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105. (239) 263-6234 Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL 34112. (239)774-4434. Golden Gate and East Naples Fire Control and Rescue: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119. (239) 348-7540 North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109. (239) 597-9227 Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990. (239) 574-2020 Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913. (239) 432-1805. Adjacent Property Owners Homeowners Association 1 17.B.1 Packet Pg. 1125 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval) 17.B.1 Packet Pg. 1126 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1127 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1128 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1129 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1130 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1131 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1132 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.2 Packet Pg. 1133 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval) 17.B.3 Packet Pg. 1134 Attachment: Exhibit C (2749 : VAC-Collier Charter Academy for Approval) 3530 Kraft Rd. Unit 100 Naples, FL 34105 February 1st, 2017 Lindsay F. Robin, MPA Project Planner Waldrop Engineering 28100 Bonita Grand Dr, #305 Bonita Springs, FL 34135 Re: Collier Charter Academy Letter of No Objection Vacation of easement Dear Ms. Robin: CenturyLink has no objection to the vacation of easement located on 25th Ave NW, plat book 7 page 81-82 submitted by your firm on January 31st, 2017. This is contingent upon a suitable utility easement granted CenturyLink to access the future Collier Charter School property. Regards, Shelley Boyce Access Engineer II 239-263-6304 Shelley.L.Boyce@centurylink.com Shelley Boyce 17.B.4 Packet Pg. 1135 Attachment: LONO CenturyLink-Comcast (2749 : VAC-Collier Charter Academy for Approval) 17.B.4 Packet Pg. 1136 Attachment: LONO CenturyLink-Comcast (2749 : VAC-Collier Charter Academy for Approval) 17.B.5 Packet Pg. 1137 Attachment: LONO FPL (2749 : VAC-Collier Charter Academy for Approval) 17.B.6 Packet Pg. 1138 Attachment: LONO North Collier Fire (2749 : VAC-Collier Charter Academy for Approval) 17.B.7 Packet Pg. 1139 Attachment: LONO Sheriff (2749 : VAC-Collier Charter Academy for Approval) April 19, 2017 Mr. Michael R. Ramsey President The Golden Gate Estates Area Civic Association, Inc. P.O. Box 990596 Naples, FL 34116 RE: Abandonment of a portion of 25th Avenue Collier County, FL Dear Mr. Ramsey, As you are aware Ryan Companies US, Inc. is the developer of new charter school that is under construction at the Southwest corner of 25th Avenue and 8th Street in the Golden Gate Estates neighborhood. As requested by the neighbors, we have designed the site such that there will be no connection between the charter school and the neighborhood. This is something that we understood to be very important to the immediate neighbors as well as the civic association. As part of the development process we are petitioning the Collier County board of county commissioners for the abandonment of the portion of 25th Avenue east of 8th Street to accommodate the neighbors' desire. Please refer to the attached drawings for parcel maps and site plans showing the area to be abandoned. The reason I have sent you this letter is to inform you of the pending abandonment and request a "Letter of No Objection." As part of the process in Collier County, the County requests that the petitioner offer a homeowners association an opportunity to review the abandonment and, if they have no objection, sign a Letter of No Objection. Per your request, we will agree to provide a landscape buffer in accordance with the attached buffer requirements should the school expand its operation north of the existing 25h Avenue easement area. If you are OK with the abandonment and the buffer requirements, please indicate such by signing below and returning a signed copy to my attention at the address above or to my email at doug.dieck@ryancompanies.com. I appreciated the opportunity to meet with your board to discuss the abandonment and answer any questions. Thank you for your time. Sincerely, RYAN COMPANIES US, INC. Douglas J. Dieck President, Southeast Region "I have no objection to the abandonment of 25th Avenue as requested by Ryan Companies." 21 April 2017 Michael R. Ramsey as President of Golden Gate Estates Area Civic Association, Inc. 17.B.8 Packet Pg. 1140 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval) 17.B.8 Packet Pg. 1141 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval) 17.B.8 Packet Pg. 1142 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval) 17.B.9 Packet Pg. 1143 Attachment: Affidavit of Authorization (2749 : VAC-Collier Charter Academy for Approval) 17.B.10 Packet Pg. 1144 Attachment: Legal ad - Agenda ID 2749 (2749 : VAC-Collier Charter Academy for Approval)