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Agenda 01/13/2015 Item #16A25 1/13/2015 16.A.25. n EXECUTIVE SUMMARY Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of Veterans Memorial Boulevard Right-of-Way described in Official Record Book 4829, pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7, Township 48 South,Range 26 East,Collier County,Florida(VAC-PL20140002499). OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes,and Resolution No. 2013-166, the Board of County Commissioners must authorize a public hearing to consider the vacation of the County and public interest in any public road right-of-way. CONSIDERATIONS: The Development Review Department has received a request from Alexis Crespo, AICP, of Waldrop Engineering, P.A., as agent for the property owner adjacent to this right-of-way. This request is to vacate a portion of Veterans Memorial.Boulevard right-of- way described in Official Record Book 4829, pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East, Collier County,Florida. KE Talis Park Properties, LLC ("Applicant") is seeking to vacate 75 feet of the 200-foot wide right-of-way, as shown on the enclosed Site Plan/Vacation Exhibit, and incorporate the acreage into the Talis Park Planned Unit Development(FKA Tuscany Reserve), Ordifance No. 2012-11. In 2012, KE Talis Park Properties, LLC conveyed a 150-foot wide right-of-way to Collier County, pursuant to a development commitment in the PUD, to accommodate the eastward expansion of Veterans Memorial Boulevard over Interstate 75 (I-75). There is no longer an intent by the County to expand the roadway further east. Therefore, the Applicant is seeking to vacate the County's interest in the subject 75-foot portion of the right-of-way and re-incorporate the acreage into Talis Park. Vacating this 75-foot portion of the existing right-of-way will not negatively impact public health, safety or welfare, as there is no intent to expand the roadway further east over Interstate 75. Moreover, the portion of the roadway currently utilized to access surrounding developments, including Mediterra, Brandon PUD and The Strand, will not be impacted by this request. The Talis Park Community Development District has agreed to maintain the remaining portion of the Veterans Memorial Boulevard right-of-way. The Applicant has secured letters of no objection from the requisite agencies and adjacent property owners,with the exception of letters from the following entities: Strand Master Property Owner's Association; Links at the Strand Homeowner's Association; and Pinnacle at the Strand Condominium Neighborhood Association. The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166, and the adjoining property owners will be given notice as well. Packet Page-639- 1/13/2015 16.A.25. The Development Review Department has reviewed this petition and found no reason for objection. FISCAL IMPACT: The application fee of$2,000.00 covers staff review and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact plan associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.—SAS RECOMMENDATION: That the Board of County' Commissioners endorses staff's recommendation to schedule a public hearing to consider vacating a portion of Veterans Memorial Boulevard right-of-way described in Official Record Book 4829, pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East, Collier County,Florida, (Petition VAC-PL20140002499). Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Department,Growth Management Division. Attachments: 1)Resolution, 2)Exhibit A and 3)Location-Site Map •'\ t'\ Packet Page-640- 1/13/2015 16.A.25. COLLIER COUNTY Board of County Commissioners II Item Number: 16.16.A.16.A.25. Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of Veterans Memorial Boulevard Right-of-Way described in Official Record Book 4829, pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7,Township 48 South, Range 26 East, Collier County, Florida (VAC- PL20140002499). Meeting Date: 1/13/2015 Prepared By Name: BermanMarcus Title: County Surveyor,Natural Resources 12/18/2014 10:32:43 AM Submitted by Title: County Surveyor,Natural Resources Name: BermanMarcus 12/18/2014 10:32:44 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources Date: 12/18/2014 2:43:55 PM Name: LorenzWilliam Title: Director-CDES Engineering Services,Natural Resources Date: 12/18/2014 4:02:58 PM Name: McLeanMatthew Title: Project Manager, Principal, Operations and Regulatory Management Date: 12/18/2014 4:25:03 PM Name: LorenzWilliam Title: Director-CDES Engineering Services,Natural Resources Packet Page -641- 1/13/2015 16.A.25. Date: 12/19/2014 7:51:39 AM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 12/22/2014 12:24:53 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 12/22/2014 2:36:21 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 12/29/2014 10:00:41 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 12/30/2014 1:21:07 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/30/2014 1:54:34 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 12/31/2014 10:33:10 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/6/2015 10:39:38 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/6/2015 12:03:43 PM Packet Page-642- 1/13/2015 16.A.25. RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF VETERANS MEMORIAL BOULEVARD RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORD BOOK 4829, PAGES 355 THROUGH 357 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20140002499) WHEREAS, Petitioner, KE Talis Park Properties, LLC, has requested that a public hearing be held pursuant to Resolution No. 2013-166, to consider disclaiming, renouncing and vacating the County and public interest in a portion of Veterans Memorial Boulevard right-of- way described in Official Record Book 4829, pages 355 through 357 of the Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing, and vacating the County's interest in the above right-of-way in accordance with Sections 336.09 and 336.10, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. 2013-166 in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described right- of-way will be held on the 10th day of February, 2015 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East,Naples, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk , Chairman [14-EIS-02862/1142981/1]7 Page 1 of 2 Revised 1/5/15 Packet Page -643- 1/13/2015 16.A.25. Approved as to form and legality: l{sis Scott A. 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PHONE(2w)405.8165 FAX(289)405.8183 Legal Description EXHIBIT "A" Being a portion of Tract "P", as recorded in Tuscany Reserve, according to the plat thereof, recorded in Plat Book 39, Pages 87 through 95 (inclusive), also being a portion of Veterans Memorial Boulevard as recorded in Official Record Book 4829, Page 355, of the public records of Collier County, Florida,being more particularly described as follows: COMMENCE at the South West corner of section 7, Township 48 South, Range 26 East, also being the South West corner of Tuscany Reserve, according to the plat thereof, recorded in Plat Book 39, Pages 87 through 95 (inclusive) of the public records of Collier County, Florida; thence North o0°32'28"West, a distance of 75.02 feet to the POINT OF BEGINNING of the parcel of land herein described; thence North o0°32'28"West along the West boundary line of said Plat, also being the West line of Section 7,Township 48 South, Range 26 East Collier County, Florida, a distance of 75.02 feet to a point at the North West corner of Tract "P" of said Plat; thence running along the North line of Tract °P" South 89°10'25" East, a distance of 1,739.55 feet;thence departing said North line of Tract"P" South oo°49'35"West, a distance of 75.00 feet; thence North 89°10'25"West, a distance of 1,737.76 feet to the POINT OF BEGINNING. Containing 130,399 square feet or 2.994 acres, more or less. VAC: PL20140002499 Rev: 1 TALIS PARK-VETERANS MEMORIAL BLVD Date: 11/13/14 DUE: 12/01/14 Z:\TUSCANY RESERVE\CORSICA\SKETCH AND DESCRIPTIONS\2014-942.docx -9179- aged 1a)iaed 1/13/2015 16.A.25. , PtF 5 �NtFa St ° a raf t rc y _ t� o W 11.11417 F, rn 124 a Z 0 0 w wW y QU m Z d = w 0,L a U▪ O Cn O O ° ;c7 > ___ E', 31VOS O11ON >.12 8 O A f Q v U I o 0 o._ H Z a�. y. =z rx• ✓ r o• ,mac'iii...m n'<y 0 Ellis 1.7 11111 0 3 Wftlillasjil Ul �' ■■■■mINI.�� ■ mi O S n■■■.■■■ �'. . " - ni■°■iii��■� �' =jJ E - ; u■c+�■■■■/��G.. I N II � aE�! 6 N Min .OV -NOLSONInn 13�7iA��r1' i'�I���I 'II�� � M Fa!. .... , 11l 11111�= 1 l' o _ y iw 't o w `)- N P .,_ ..,.• m ar, Nil r c. S0O>O MILD MP,wati API lino , kW., aua mi•Erd.1,_ ;.jr-dA—k-vripoll 0 Packet Page -647-