Agenda 06/27/2017 Item #17D06/27/2017
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-PL20170001974 to disclaim, renounce and vacate the County and the public interest
in a portion of the 15-foot Utility Easement recorded in Official Record Book 1401, Page 2152 and a
portion of the 15-foot Utility Easement recorded in Official Record Book 1432, Page 1093 of the
Public Records of Collier County, Florida; and approve and authorize the Chairman to execute a
Quit Claim Deed and Bill of Sale to transfer wastewater facilities from the County to the property
owner. The subject property is located on the west side of Bayshore Drive, approximately one
quarter mile south of Tamiami Trail East, in Section 11, Township 50 South, Range 25 East, Collier
County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 15-
foot Utility Easement recorded in Official Record Book 1401, Page 2152 and a portion of the 15-foot
Utility Easement recorded in Official Record Book 1432, Page 1093 of the Public Records of Collier
County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being
more specifically shown in Exhibit A, and to approve and authorize the Chairman to execute a Quit Claim
Deed and Bill of Sale to transfer wastewater facilities within the existing easement area from the County
to the property owner.
CONSIDERATIONS: Petition VAC-PL20170001974 has been received by the Development Review
Division from Frank J. Feeney, P.E., of Q. Grady Minor & Associates, P.A., as agent for the property
owner, Naples 2.0, LLC. This request is to vacate the County and the public interest in a portion of the
15-foot Utility Easement recorded in Official Record Book 1401, Page 2152 and a portion of the 15 -foot
Utility Easement recorded in Official Record Book 1432, Page 1093 of the Public Records of Collier
County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida.
The proposed easement vacation is in response to the development of this site. The easements are within
areas of the proposed Bayshore Food Truck Park project under the unified control of Naples 2.0, LLC.
The property owner would like to develop the parcels as one united project, and would like to utilize the
proposed vacated areas as part of their development.
The two 15-foot utility easements were originally granted to the County in 1988 and 1989 for the purpose
of installing and maintaining utility facilities above and below ground in Lots 2-5, Demere Landing
subdivision (Plat Book 4, Page 14). According to the Warranty Deed dated August 18, 2014, and
recorded on September 11, 2014 in OR Book 5075, Page 3903, Naples 2.0, LLC has fee simple title to the
underlying real property where the subject utility easements are located.
The 15’ wide easements extend in a North - South direction along the eastern boundary of the subject
property (Lots 2-5) adjacent to the Bayshore Drive right-of-way. There is an existing County gravity
sewer and manholes, and an existing County wastewater force main within the utility easements. The
Petitioner is only requesting vacation of that portion of the utility easements which contain the gravity
sewer and manhole facilities, while the portion of the utility easements which contain the force main
facilities will not be vacated. As such, the Petitioner is requesting vacation of only th e western 7.5 feet
of the existing 15-foot utility easements.
The petitioner has agreed to assume ownership and maintenance responsibility of the gravity sewer and
manhole facilities within the existing easement area, as well as a portion of the sewer that is located
within the Becca Ave. right-of-way abutting the subject property. The facilities will be conveyed by Quit
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Claim Deed and Bill of Sale from the County to the Petitioner, a copy of which is attached hereto for the
Board of County Commissioners (Board) approval.
Moreover, the Petitioner has agreed to convey a County Utility Easement (C.U.E.) to the County over
the eastern 5 feet of Lot 1 (directly south of the subject easements) to facilitate maintenance of the
County’s wastewater force main. The force main extends south along the eastern portion of Lots 2-5 at
an angle, but is located entirely outside of Lot 1 due to the angle at which it was originally installed. An
exhibit depicting the location of the force main is attached hereto. The CUE must be granted to the
Water-Sewer District prior to preliminary acceptance of the utility facilities constructed for SDP -
PL20170000252. This stipulation is included as a condition of approval to the Resolution to Vacate.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: The application fee of $2,000 covers staff review and processing. The applicant is
also responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: The Petitioner is proposing to vacate the County and the public interest
in a portion of two 15-foot utility easements.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt
resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof,
granted to the County or public by any instrument recorded in the public records of Collier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
when such interest is granted to the County or public by any instrument recorded in the public records
other than on a subdivision plat, when the following criteria are met:
1. Public benefit is established or no public detriment is established.
2. The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or
County dedicated easement is sought to be extinguished.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION:
1) To approve the attached Resolution, relating to Petition VAC-PL20170001974, which will vacate the
County and the public interest in a portion of the 15-foot Utility Easement recorded in Official Record
Book 1401, Page 2152 and a portion of the 15-foot Utility Easement recorded in Official Record Book
1432, Page 1093 of the Public Records of Collier County, Florida, located in Section 11, Township 50
South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A.
2) To direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of
Collier County, Florida.
3) To approve and authorize the Chairman to execute the attached Quit Claim Deed and Bill of Sale to
convey wastewater facilities from the County to the property owner, Naples 2.0, LLC.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
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ATTACHMENT(S)
1. Application (PDF)
2. Resolution initialed by SAS - 060917 (PDF)
3. Force Main Exhibit - Bayshore Rd-S1 20149700-089 (PDF)
4. Quit Claim Deed BOS - 061517 (PDF)
5. Legal Ad - Agenda ID 3283 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 3283
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-PL20170001974 to disclaim, renounce and vacate the County and the public
interest in a portion of the 15-foot Utility Easement recorded in Official Record Book 1401, Page 2152
and a portion of the 15-foot Utility Easement recorded in Official Record Book 1432, Page 1093 of the
Public Records of Collier County, Florida; and approve and authorize the Chairman to execute a Quit
Claim Deed and Bill of Sale to transfer wastewater facilities from the County to the property owner. The
subject property is located on the west side of Bayshore Drive, approximately one quarter mile south of
Tamiami Trail East, in Section 11, Township 50 South, Range 25 East, Collier County, Florida.
Meeting Date: 06/27/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
06/12/2017 1:59 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/12/2017 1:59 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 06/13/2017 5:10 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/13/2017 8:21 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/13/2017 6:09 PM
Growth Management Department Marcus Berman Level 2 Division Administrator Skipped 05/30/2017 9:47 AM
Growth Management Department James French Additional Reviewer Completed 06/14/2017 3:47 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/16/2017 10:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2017 2:01 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/16/2017 2:27 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/19/2017 8:59 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/19/2017 12:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
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17.D.1
Packet Pg. 1564 Attachment: Application (3283 : VAC-Bayshore Food Truck Park)
17.D.1
Packet Pg. 1565 Attachment: Application (3283 : VAC-Bayshore Food Truck Park)
17.D.1
Packet Pg. 1566 Attachment: Application (3283 : VAC-Bayshore Food Truck Park)
17.D.1
Packet Pg. 1567 Attachment: Application (3283 : VAC-Bayshore Food Truck Park)
17.D.1
Packet Pg. 1568 Attachment: Application (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1569 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1570 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1571 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1572 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1573 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1574 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
17.D.2
Packet Pg. 1575 Attachment: Resolution initialed by SAS - 060917 (3283 : VAC-Bayshore Food Truck Park)
NO. DESCRIPTION JOHNSON ENGINEERING, INC.2122 JOHNSON STREETP.O. BOX 1550FORT MYERS, FLORIDA 33902-1550PHONE: (239) 334-0046FAX: (239) 334-3661E.B. #642 & L.B. #642DATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS
DATE
05-09-1720149700-08928-48-261"=30'SUEEXHIBIT1 OF 1BAYSHORE RD
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDAPICTURES 17.D.3
Packet Pg. 1576 Attachment: Force Main Exhibit - Bayshore Rd-S1 20149700-089 (3283 : VAC-Bayshore Food Truck Park)
17.D.4
Packet Pg. 1577 Attachment: Quit Claim Deed BOS - 061517 (3283 : VAC-Bayshore Food Truck Park)
17.D.4
Packet Pg. 1578 Attachment: Quit Claim Deed BOS - 061517 (3283 : VAC-Bayshore Food Truck Park)
17.D.4
Packet Pg. 1579 Attachment: Quit Claim Deed BOS - 061517 (3283 : VAC-Bayshore Food Truck Park)
17.D.4
Packet Pg. 1580 Attachment: Quit Claim Deed BOS - 061517 (3283 : VAC-Bayshore Food Truck Park)
17.D.5
Packet Pg. 1581 Attachment: Legal Ad - Agenda ID 3283 (3283 : VAC-Bayshore Food Truck Park)
17.D.5
Packet Pg. 1582 Attachment: Legal Ad - Agenda ID 3283 (3283 : VAC-Bayshore Food Truck Park)