Agenda 03/24/2015 Item #17A 3/24/2015 17.A.
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-PL20140002643 to disclaim, renounce and vacate the County and the public interest
in a portion of the 20-foot utility and drainage easement running through the back yard of lot 10,
Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public
records of Collier County, Florida, located in Section 18, 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 20-foot utility and drainage easement running through the back yard of lot 10, Riviera
Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records
of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier
County, Florida.
CONSIDERATIONS: Petition VAC-PL20140002643 has been received by the Development
Review Department, Growth Management Department from Leslie M. and Marianne Herndon,
owner, to vacate a portion of the 20-foot utility and drainage easement running through the back
yard of lot 10 of Riviera Colony Golf Estates, Unit IV. The easement was dedicated to the
County,Florida Power and Light and the homeowners association on the plat.
The owners intend to construct a screened porch addition to their residence located within the
eastern 8 feet of the 20-foot utility and drainage easement. The easement runs through the west
20-feet of their lot.
The Development Review Division has reviewed this petition and found no reason for objection.
Jack McKenna,P.E., County Engineer and Jerry Kurtz, P.E., have reviewed and approved.
Letters of no objection from abutting property owners have been received from all who
responded and letters of no objection were also received from FP&L, Comcast and Century Link
and the homeowners association.
FISCAL IMPACT: Growth Management Department, Development Review Division 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.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact
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: 1) approves the attached
Resolution relating to Petition VAC-PL20140002643, which will vacate the County and the
Packet Page-1139-
3/24/2015 17.A.
public interest in a portion of the 20-foot utility and drainage easement running through the back
yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and
89 of the public records of Collier County, Florida, located in Section 18, Township 50 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, and 2)
directs the Clerk to the Board to record a certified copy of the Resolution in the public records
and to make proper notation of this Resolution on the plat of Riviera Colony Golf Estates, Unit
IV, as recorded in Plat Book 17, pages 88 and 89 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: 1) Resolution w-exhibits
Packet Page -1140-
3/24/2015 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
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-PL20140002643 to disclaim, renounce and vacate
the County and the public interest in a portion of the 20-foot utility and drainage easement
running through the back yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat
Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18,
Township 50 South, Range 26 East, Collier County, Florida.
Meeting Date: 3/24/2015
Prepared By
Name: BermanMarcus
Title: County Surveyor,Natural Resources
2/11/2015 10:37:35 AM
Submitted by
Title: County Surveyor,Natural Resources
Name: BermanMarcus
2/11/2015 10:37:36 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/11/2015 3:54:20 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
Date: 2/13/2015 8:29:50 AM
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
Date: 2/13/2015 4:58:40 PM
Packet Page-1141-
3/24/2015 17.A.
Name: McLeanMatthew
Title: Project Manager, Principal, Operations and Regulatory Management
Date: 2/24/2015 6:18:31 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 2/25/2015 8:46:38 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 2:03:06 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 3/11/2015 3:16:57 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 2:46:55 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:37:00 PM
Packet Page -1142-
3/24/2015 17.A.
RESOLUTION NO.2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION
OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT RUNNING
THROUGH THE BACK YARD OF LOT 10, RIVIERA COLONY GOLF
ESTATES, UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND
89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PETITION VAC-PL201400026431
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Leslie M. and Marianne
Herndon, owners, has requested the vacation of the County and the public interest in a portion of
the 20-foot utility and drainage easement running through the back yard of Lot 10, Riviera
Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records
of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier
County, Florida, being more specifically shown in Exhibit A, attached hereto; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner's request and notice of said public hearing was given as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a
portion of the 20-foot utility and drainage easement running through the back yard of Lot 10,
Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public
records of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East,
Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the public interest
and for the public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records of Collier County,
Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY.FLORIDA
By:
Deputy Clerk Chairman
[14-EIS-0286771137972/1] 6 1 of2
Packet Page -1143-
3/24/2015 17.A. •
Apprnyerl ac to form and legality:
By:
Scott A. Stone
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location-Site Map
[14-EIS-02867/1137972/1] 6 7 of2
Packet Page -1144-
3/24/2015 17.A.
LEGAL DESCRIPTION: (PROPOSED EASEMENT ABANDONMENT)
THE NORTH 42.1 FEET OF THE SOUTH 58.47 FEET OF THE EAST 8.0 FEET OF THE 20.0' U.E./D.E.
ALONG THE WEST.SIDE OF LOT 10, RIVIERA COLONY GOLF ESTATES, UNIT IV ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 88 AND 89, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
"EXHIBIT A"
L.J I 1 1
SET 1/2" ` I FOUND 1/2"
IRON ROD '; N89°01 45 E (NR) IRON ROD /
118.22 NO ID. , (. -/
LB# 7893; 30.0'
I 5' U.E.(P)
—
20' U.E./D.E.(P) -7 0
0 • i I Q
0 14.1 sr 0 � > I
H- o ;, ,.
L� g �' LOT 10 �, o.� - l,_
dam;-' w � �0tn Q
w m 1? 0 (.) h [',./' --0 0 1
I_ Z_ Z II In CT]
Q in w_ , iy ' I 1— LLJ I 11 O
J ,_jv. .' Cr) _0 �4 W 1 1—
CO Cr I j, 1 X 7) o Z 1 D
a_ C w E.,1;'' W 1-1-1
C�
Q
O z Cl) I L8_Q4 O
o W Ica
_a — c
5' U.E.(P) Q
SET 1/2" N89°01 '45"E (NR) FOUND 1/2" ,
IRON ROD 110.01 ' IRON ROD
LB# 7 893 I I NO ID.
I 10j
1
- LEGEND -
U.E. = UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT ;Li-)
(NR) = NON RADIAL N
SURVEY NO. 200035 P = PLAT II
SKETCH DATE: 11-18-2014
SKETCH AND DESCRIPTION
' ' -,: THIS IS NOT A SURVEY, TO LB#7893
a
jcIII ,,,,,, ' \ ACCOMPANY DESCRIPTION ONLY .
, SURVEYORS CERTIFICATE
p ji 1
-l�1 I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION \ i L'✓ �/ � q 11,C G
+' ` IS A TRUE AND CORRECT REPRESENTATION OF A _
A
/47: SKETCH PREPARED UNDER MY DIRECTION.
'',0---,..c::
NOT STArec '.--7,./ SIGNATlDWATHOUTAN AUTHENTICATED SERVING ALL FLORIDA COUNTIES
F C 1 SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL,
OR A RAISED EMBOSSED SEAL AND SIGNATURE.
6250 N.MILITARY TRAIL,SUITE 102
C ;; :::----le WEST PALM BEACH,FL 33407
PHONE (561)640-4600
FACSIMILE (561)640-0576
(SIGNED) STATEWIDE PHONE (800)226-4807
DE -- - ----R AND------
------------
CLYDEO.McNEAL,PROFESSIONAL S'JRVEYDRANOMAPPER#2883 Packet Page -1145- STATEWIDE FACSIMILE (800)741-0576
of
3/24/2015 17.A.
i
N
N
• O
N
N M
n
N •• j7
A
•D N
N M
N •
< r
N M
N M z 0
N W <4
' CO W f—
N 'n•7 Q
o
N N W a,- W
.- SP
T^ .3
V 1
r4 �P M a w n m m
� � ❑0
U1 'G�^G O' N M
W CO O N N 0 N a M H a° z o
�f "
31V0S Ol ON :u y O
-C__ O Q.i
°0n)
1-4 1� v RC U 1 C il
o 0 � � { N U • �� c
z
Q U w +^ 4g
Iii.,?Ell 51 ,ILt
w r * p. p 1 : °O°9.0 n E W ' ? 1 e i viu �� as ����� � i TR -
x Ii. mr.,.-44
__r 7...?„1".‘ - .....„ gE2§.7
r ;rIr1r :: :1.._. . ;.. rav ,.... gtz,1.40 F._ z lom
,..., .. ....._ ,
i., ,
, .., I, „ 1. I I 1 , ,, Al ;-":(
ctliellit WI :.4.0010 -.i..._;diikal 4 , IlgjllhhNll hhili f os dso I :Ilk, iz t .A01—: e
pi
�'r'' O
...TR: ao.riii ',i- I ,, - 11&,;:„ Ll_.„_.
I ' ;17 tor• _ , L .. t-• ,rvp--0.,.7.
: „40 .--, , • , .., „,:. ,,,,,, , , „H ., 1 ..40j: F
Y 7 / ==, trio Ir ,,Q� <,.
114111111111111:11111*t_e1411— .,)Timm, lii=ri; 1•1 ".7411111111.1' 11.-'
1 Iiiir ,,,, „,:,,,,„ ,.: . ,,,,1 Ai. g., ,,,,‘,
r„,
. , , ,,,,., ,, ,i....:
1 1
I Inn 1,:affillilli 111.1-Alail IlLiatft•railillf& Al 'liiii
P.
Packet Page -1146-
3/24/2015 17.A.
0
NAPLES DAILY NEWS cc Wednesday, March 4, 2015 « 25D
:NOTICE OF.MMEETING NOTICE OF MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday; March 24, 2015, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider
the enactment of a County Resolution. The meeting will commence at 9:00 A.M.
The title of the proposed Resolution is as follows: •
•
RESOLUTION NO 2015-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT
RUNNING THROUGH THE BACK YARD OF LOT 10,RIVIERA'COLONY GOLF ESTATES,
UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF.THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA,LOCATED IN SECTION 18,TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION
VAC-PL20140002643]
•
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the -
County Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of ari organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record. •
•
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based. • •
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
i TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Teresa Cannon
Deputy Clerk(SEAL)
N^arrh a an.i 1,1 701R Nn 2n4RR21
10 ' _1
Packet Page -1147-
3/24/2015 17.A.
g
NAPLES DAILY NEWS (( Wedrne§day, March 11,2015 (( 310
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, March 24, 2015, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami•Trail, Naples FL, the Board of County Commissioners (BCC) will consider
the enactment of a County Resolution. The meeting will commence at 9:00 A.M.
The title of the proposed Resolution is as follows:
RESOLUTION NO.2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,
FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT
RUNNING THROUGH THE BACK YARD OF LOT 10,RIVIERA COLONY GOLF ESTATES,
UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA, LOCATED IN SECTION 18,TOWNSHIP 50
SOUTH, RANGE 26 - EAST, COLLIER COUNTY, FLORIDA. (PETITION
VAC-PL20140002643)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board'agenda
pockets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any;case, written materials intended tp be,considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing: All materials used in•presentations before the Board
will become a permanent part of the record. •
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you area person with a disability who needs any accommodation in order to
Participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities, Management
Department, located at 3335 Tamiami Trail East. Suite #101, Naples, FL 34112.5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Teresa Cannon •
Deputy Clerk(SEAL)
March 4 and 11.2015 No.2048821
a
Packet Page -1148-