Agenda 10/13/2015 Item #17B10/13/2015 17.B.
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- PL20150001456 to disclaim, renounce and vacate the County's and the public interest
in the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record
Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34,
Township 48 South, Range 25 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County's and the public interest in the 30-
foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book
444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34,
Township 48 South, Range 25 East, Collier County, Florida, being more specifically shown in
Exhibit A.
CONSIDERATIONS: Petition VAC- PL20150001456 has been received by the Development
Review Division, Growth Management Department, from Richard D. Yovanovich, Esq., of
Coleman Yovanovich & Koester, P.A., as agent for the property owner to vacate the 30 -foot
Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444,
pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34,
Township 48 South, Range 25 East, Collier County, Florida.
The subject Right -of -Way, Utility and Drainage easement was dedicated to the County for the
use and benefit of the public in 1972. The easement is located over an alleyway between two
commercial properties, Tide Drycleaners to the north and Longhorn's Steakhouse to the south.
The alleyway connects Trail Boulevard to another road behind the properties.
There is no public detriment associated with this vacation request because the public will still
have access over the subject alleyway. There are additional public alleyways in the vicinity
connecting the two roads.
The County has not been maintaining the alleyway and the applicant has agreed to maintain and
repair the alleyway (see right -of -way permit, attached). Vacation of this parcel will relieve the
County of such obligations and potential liabilities. Property owners adjacent to the subject
roadway has provided a letter of no objection. In addition, the Applicant has also secured letters
of no objection from the requisite agencies and other authorized users of the subject roadway.
The applicant has provided a Cable Easement to Embarq, and access easement to the adjacent
property owner.
The Development Review Division has reviewed this petition and found no reason for objection.
The Board approved the scheduling of this public hearing on September 22, 2015, via Resolution
No. 2015 -186.
Packet Page -2278-
10/13/2015 17.B.
FISCAL IMPACT: The 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 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- PL20150001456, which will vacate the 30 -foot Road
Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages
398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township
48 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A
and 2) Directs the Clerk of Courts to record a certified copy of the Resolution in the Public
Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review
Division, Growth Management Department
Attachments: 1) Resolution with Exhibits, 2) Letters of no objection, 3) Grant of Access
Easement Agreement, 4) Grant of Cable Easement, 5) ROW Permit, 6) OR 444, page 398; and
7) Legal Advertisement
Packet Page -2279-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
10/13/2015 17.B.
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- PL20150001456 to disclaim, renounce and vacate
the County's and the public interest in the 30 -foot Road Right -of -Way, Utility and Drainage
easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of
Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County,
Florida.
Meeting Date: 10/13/2015
Prepared By
Name: BermanMarcus
Title: County Surveyor, Growth Management Department
9/15/2015 10:43:19 AM
Submitted by
Title: County Surveyor, Growth Management Department
Name: BermanMarcus
9/15/2015 10:43:20 AM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 9/15/2015 11:06:00 AM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
Date: 9/15/2015 11:32:47 AM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 9/15/2015 2:10:10 PM
Packet Page -2280-
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/15/2015 2:18:46 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/15/2015 2:39:40 PM
Name: ScottTrinity
Title: Manager - Planning, Growth Management Department
Date: 9/15/2015 3:19:49 PM
Name: KurtzGerald
Title: Project Manager, Principal, Growth Management Department
Date: 9/15/2015 5:59:22 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/16/2015 10:10:41 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/25/2015 8:24:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/25/2015 8:56:14 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/25/2015 10:01:23 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/27/2015 8:13:41 AM
Packet Page -2281-
10/13/2015 17.B.
�i
10/13/2015 17. B.
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
THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY AND DRAINAGE
EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 444,
PAGES 398 AND 399 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC- PL20150001456)
WHEREAS, pursuant to Resolution 2013 -166, Petitioner, Richard D.
Yovanovich, Esq., of Coleman Yovanovich & Koester, P.A., has requested the vacation
of the County and the Public interest in the 30 -foot Road Right -of -Way, Utility and
Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the
Public Records of Collier County, Florida, located in Section 34, Township 48 South,
Range 25 East, Collier County, Florida, being more specifically described in Exhibit A,
attached hereto; and
WHEREAS, at its September 22, 2015 regular meeting, the Board of
Commissioners, via Resolution No. 2015- , approved the scheduling of a public
hearing on October 13, 2015, pursuant to Resolution 2013 -166; 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; and
WHEREAS, the granting of the Petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in
the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official
Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida,
located in Section 34, Township 48 South, Range 25 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.
I of 2
Packet Page -2282-
10/13/2015 17.6.
This Resolution adopted after motion, second and majority vote favoring same, this the Aqft,
day of 12015.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, Chairman
By: a 9/16 %1s
Scott A. Stone
Assistant County Attorney
Attachments: 1) Location -Site Map, 2) Exhibit A
2 of 2
Packet Page -2283-
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10/13/2015 17.B.
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EXHIBIT "A"
From the Southwest corner of Tract "A ", PINE RIDGE SECOND EXTENSION,
as recoded in Plat Book 10, Page 86, of the Public Records of Collier County,
Florida, run N 001 59' 24" W, along the East line of Trail Boulevard, for 1091.28
feet, to the Point of Beginning; thence continue N 00° 59' 24" W, for 30.00 feet;
thence N 89° 00' 36" E, for 215.00 feet, to the point of curvature of a curve
concave to the Northwest and having a radius of 25.00 feet; thence along the arc of
said curve, for 39.27 feet through a central angle of 901 00' 00 ", to the point of
tangency of said curve; thence S 00° 59' 24" E, for 55.00 feet; thence S 89° 00' 36"
W, for 240.00 feet, to the Point of Beginning.
Packet Page -2284-
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FPL
April 22", 2015
PL 2015 0 U U t 10/13/2015 17.B.
Florida Power & Light Company, 26430 Old US 41 Rd, Naples, FL 34135
239 - 947.7372
Richard Yovanovich
Coleman, Yovanovich, Koester
4001 Tamiami Trail N
Suite 100
Naples, FL 34103
Re; Proposed Vacation of Utility Easement
Located SW corner of Tract "A ", Pine Ridge Second Extension, Collier
County, FL
Mr. Yovanovich:
Thank you for contacting FPL about the Proposed Vacation of the platted utility
easement at the referenced location. FPL has no objection to the vacation of the
easement shown on exhibit "A" attached.
If I can be of any further assistance, please contact me at (239) 947 -7372.
Sincer ly,
Theodore Bruney
Associate Engineer
A NEXTera ENERGY Company
Packet Page -2286-
10/13/2015 17.B.
D® FD
as loo
CenturyLink
CenturyLink
3530 Kraft. Rd. Unit 100
Naples, FL 34105
6/23/2015
Dianna Quintanilla
Legal .Assistant to Richard D. Yovanovich, Esq.
Coleman Yovanovieh & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
RE: No objection to vacate easement —
Dear Ms. Quintanilla:
In response to your letter dated 6/23/2015, Tegarding the vacation of the existing
easement identified on submitted sketch named Exhibit A, and is located from the
Southwest comer of Tract "A ", PINE RIDGE SECOND EXTENSION, Collier County,
Florida; CenturyLink.has no objection to the vacation of such easement:
If I can be of further assistance, feel free to contact me at 239-!263-6278 or email
rob.francway@centurvlink.com
Sincerely Yours
Rob Francway
Access Engineer I
CenturyLink
Packet Page -2287-
e
10/13/2015 17.B. ;
Ccomcast
12600 Westlinks Drive
Fort Myers, Fl. 33913
Phone. 239 -432 -1805
April 20, 2015
Coleman, Yovanovich and Koester
C/O Richard Yovanovich
4001 Tamiami Trail North Suite 300
Naples, Florida 34103
Re: Alley located SW corner of Tract A Pine Ridge second extension (Collier County
Naples Fl.)
Dear Richard Yovanovich,
This letter will serve to inform you. that Comcast has no objection to your
proposed vacation of the easement referenced above.
Should you require additional information or assistance, please feel free to contact
me here at 432 -1805.
Cordially,
xt�—&
Mark Cook
Project Coordinator
Packet Page -2288-
April 22, 2015
Richard Yovanovich
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
RE: Trail Boulevard
Dear Mr. Yovanovich,
Staff has reviewed your request for a letter of "No Objection" for the above described
project. The particular vacation is as described in your letter of April 16, 2015. 1 am advised the
overlying access easement will remain.
The Sheriffs Office reviews these requests to determine if the granting of the vacation will
have any foreseeable negative effect on our ability to provide law enforcement services to the area.
These services include emergency response, patrol, and traffic enforcement.
So long as the vacation, either now or in the future, does not impinge on our ability to
deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of
your request.
If the agency can be of any further service, please advise.
MJHJbg
a el dberg, Esq.
Chief - Legal Services
Collier County Sheriffs Office
Packet Page -2289-
COLEMAN
KOESTER
North Naples Fire and Rescue
Attn: Orly Stolts
1885 Veterans Park Drive
Naples, Florida 34109
RE: Trail Boulevard
Dear Utility User,
10/13/2015 17. B.
COUNSiLOPS AND ATTORNEYS AT LAW
Kevin G, Coleman I Richard D,Yovanovich I Edmond E, Koester
Wililam M. Burke I Gregory L Urbandc I Matthew L Grabinski I Cralg D. Grider
Matthew M.Jadison I Jeffreyl. Belhoff I Haroldl. Webre I Camllne M. Maglialo
Charles A. B. Thomson I David Kerem I Michael D. Gentile 1 Of counsel: Kenneth R. Johnson
April 16, 2015
Writer's Email:
Uovanovichnamiklmyfirm. corn
Please allow this correspondence to serve as a request for a Letter of No Objection from you as
the utility user of the roadway easement located adjacent to the Road Right -of -Way Easement to
be vacated. The alley is located from the Southwest corner of Tract "A ", PINE RIDGE
SECOND EXTENSION, Collier County, Florida. For your reference, please find enclosed a
copy of a map indicating the area to be vacated.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we are
requesting that you return your Letter of No Objection as soon as possible. Pursuant to the
requirements of the County's Petition for Vacation of a Easement, we are requesting that you
sign below as written indication of No Objection to the Vacation of the Easement and return to
us in a the postage pre -paid envelope provided,
1 think you in advance for your prompt response. Upon your receipt and review, should you
have any questions or require additional information, please do not hesitate to call our office,
Sincerely,
Lo
Richard Yovanovich
Enclosures
Packet Page -2290-
April 16, 2015
2
10/13/2015 17.B.
I have no objection to the proposed vacation of road right -of -way easement.
Signed and dated this (,YD _day of 12015
By:
i
Printed Name:
F, e CH ea
(Please either Mail, Fax to 239 - 435 -1218 or e -mail to dquintanilla @cyklawfirm.com)
i
i
I
Packet Page -2291-
8050 Trail Blvd., LLC
8050 Trail Blvd.
Naples, Florida 34108
RE: Trail Boulevard
Dear Property Owner,
i
10/13/2015 17.6.
PL 2015 0 0 0 1 4 5 6 REV 2
COUNSELDRS AND ATTORNEYS AT LAW
Kevin G, Coleman I Mchard D. Yovanovich I Edmond E, Koester
William M. Bare IGre gory L. Urbane I Matthew L GrabinsW I Uaig D. Grider
Matthew M.Jadmn l Jeffreyl Belhaff l Harold. Webre I Caroline M. Magliolo
ChadesA. B.Thomson I David Kerem I Michael D. Gent de I Of counsel: Kenneth &Johnson
July 14, 2015
Walter's Email:
rvovarrovicl @cuidaiv irm.coin
Please allow this correspondence to serve as a request for a Letter of No Objection fiom you as
the utility user of the roadway easement located adjacent to the Road Right -of -Way Easement to
be vacated. The alley is. For your reference, please find enclosed a copy of a map indicating the
area to be vacated.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we are
requesting that you return your Letter of No Objection as soon as possible. Pursuant to the
requirements of the County's Petition for Vacation of a Easement, we are requesting that you
sign below as written indication of No Objection to the Vacation of the Easement and return to
us in a the postage pre -paid envelope provided.
I think you in advance for your prompt response. Upon your receipt and review, should you
have any questions or require additional informatioi-4 please do not hesitate to call our office.
Sincerely,
Richard Yovanovich
Enclosures
Packet Page -2292-
10/13/2015 17.B
July 34, 2015
2
I have no objection to the proposed vacation of road right- of=ivay easement located at the
Southwest corner of Tract "A ", PINE IUDGE SECOND EXTENSION, CoWer County, Florida ,
Signed and dated this `t day of 2015
By
Printed Name,
111-13./!.Ve.k.
1
(Please either Mail, Pax to 239 -435 -1218 or e-mail to dgtiin(anilla @ayklawfirm.eom)
•
Packet Page -2293-
This instrument prepared without opinion
gftitle by and after recording return to:
Richard D Yo,anovich, Esq.
Coleman. Yovano�,ich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
ACCESS EASEMENT
10/13/2015 17.B.
THIS ACCESS EASEMENT ( "Easement ") is made and executed this I" day of September, 2015, by Trail
Boulevard, LLLP, a Florida limited liability limited partnership ( "Grantor "), in favor of 8050 Trail Blvd., LLC, a
Florida limited liability company (collectively, "Grantee ").
WHEREAS, Grantor is the owner of that certain real property situated in Collier County, Florida, more
particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Area "); and
WHEREAS, 8050 Trail Blvd., LLC is the owner of that certain real property situated in Collier County,
Florida, more particularly described in Exhibit "B "; and
WHEREAS, Grantor wishes to grant Grantee a perpetual, non - exclusive easement over and across the
Easement Area for the purposes hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby gives,
grants, and conveys unto Grantee, and Grantee's successors and assigns a perpetual, non - exclusive access easement for
both vehicular and pedestrian access over and across the Easement Area. This access easement includes a right of
access for all invitees, guests, agents, licenses, employees of Grantee over all drive aisles and parking within the
Easement Area. Grantor shall be responsible for maintaining the Easement Area. This Easement shall burden the
Easement Area and shall be binding upon any and all subsequent owners thereof, and shall inure to the benefit of
Grantee and Grantee's respective successors and assigns, and shall run with title to Grantee's Land.
IN WITNESS WHEREOF, Grantor has executed this Easement as of the date first written above.
WITNESSES AS TO GRANTOR:
t j ,
Print Name: 10,o l r )e
J
Print Name:`-
GRANTOR:
TRAIL BOULEVARD, LLLP
a Florida limited liability limited partnership
By: Barron Collier Corporation
a Florida corporation
Its: General Partner
By: Barron Collier Management, LLC
a Florida limited liability company
Its: Autho ' ed Agent
BY
Print Name: Brian Gow
Title: Chief Onerating O i
ACCESS EASEMENT
PAGE 1
Packet Page -2294-
10/13/2015 17.B.
STATE OF FLORIDA )
) ss.
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this 11' day of September, 2015, by Brian Goauen,
as Chief Operating Officer of Barron Collier Management, LLC, a Florida limited liability company, the
Authorized Agent of Barron Collier Corporation, a Florida corporation, the General Partner of Trail Boulevard,
LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who (X) is personally known to
me or ( ) has produced as evidence of identification.
(SEAL) < < ' . ,
NOTARY PUB C , E
Print Name: Y r i A r
My Commission Expires:
ACCESS EASEMENT
PAGE 2
Packet Page -2295-
INSTR 5135231 OR 5163 PG 466 RECORDED 6112/2015 3:53 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 $0.70 REC 327.00
This daeumem prepared by:
William 1 ?.1'aul
CenturyLink
4195 Kirrgc Highway
Pon Charintte. rL 31980
CABLE EASEMENT
10/13/2015 17.B.
This Cable Easement and the rights contained in it are granted by Trail Boulevard, LLLP,
a Florida Limited Liability Partnership, ( "Grantor "), whose address is 2600 Golden Gate
Parkway, Naples, FL 34105.
For good and valuable consideration, the receipt and sufficiency of which are
acknowledged by Grantor, Grantor, for itself, its successors and assigns, grants to Embarq
Florida, Inc., d/b /a Centuryl-ink, its successors, assigns, lessees, licensees and agents
( "Grantee "), subject to the terms stated in this Cable Easement, a non - exclusive casement
( "Easement ") to install, construct, operate, maintain, expand, replace and remove a
communication system that Grantee may from time to time require consisting of underground
cables and related facilities or structures as are reasonably necessary for Grantee to exercise the
rights granted to it in this Cable Easement, upon, over, through, under and along n parcel of land
described on Exhibit "A ("Easement Tract "), said Easement Tract being attached to and
incorporated by reference into this Cable Easement.
The grant of Easement also gives to Grantee the following rights: (a) the right of
reasonable ingress and egress over and across the Easement Tract, Property and any real property
owned or controlled by Grantor that is adjacent to the Easement Tract or Property for the purpose
of Grantee exercising the rights granted to it in this Cable Easement; (b) the right to clear and
keep clear all trees, roots, brush and other obstructions from the surface and sub - surface of the
Easement Tract that interfere with Grantee exercising the rights granted to it in this Cable
Easement; (c) the right to permit the carry -in and attachment of the conduit, wires, cables or
other such items of any other entity or person as may be required by late; and (d) at Grantee's
expense, the right to bring to and place at the Easement Tract electrical or other utility service for
-
Grantee's use, and if required by the utility, Grantor will grant a separate easement to the utility
for the purpose of the utility having access to and bringing service to the Easement Tract.
Grantor will have the right to use and enjoy the Easement Tract so Iong as Grantor's use
does not materially interfere with the rights granted to Grantee in this Cable Easement. Grantor
will not erect any structure or plant trees or other vegetation within the Easement Tract that
interfere with the rights granted to Grantee in this Cable Easement.
Grantor warrants that Grantor is the owner of the Easement Tract and Property and will
defend title to the Easement Tract and Property against the claims of any and all persons, and
that Grantor has full authority to grant this Cable Easement according to its terms
Packet Page -2296-
Amb
OR 5163 PG 467
Signed by Grantor this 1 i day of �V _, 2015
Trail Boulevard, LLLP
By: Barron Collier Management, LLC
Witness 1 Its: Auth rizcd Agent /
Printed Name: i V jUlc..l3y: L
rIts: o- President
Witness 2
Printed Name: UAMD b Gl F4�
THE STATE OF FLORIDA
COUNTY OF COLLIER
BE IT REMEMBERED, that on this
-L12 LI day of VIJE 2015, before
me, a Notary Public in and for said County and State, came Blake Gable, who is the Co-
President of Barron Collier Management, LLC, a Florida limited liability company, as
Authorized Agent of Trail Boulevard, LLLP, a Florida limited liability limited
partnership, and is personally known to me to be the same person who signed the herein
instrument, and such person duly acknocvIedged the signing of the same as the net and
deed of the partnership.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
Official seal the day and year last above written,
�I, uYWN.s$*N1U40M Notary Public L,
'�e"�- '•'F°' DQ'fflES:J;dy1S,20i6 f
71rut+uarp;&ur r My appointment expires:
Packet Page -2297-
10/13/2015 173.
* ** OR 5163 PG 468 * **
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10/13/2015 17.B.
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PERMIT TO PERFORM WORK AND /OR MAINTENAL 10/13/2015 17.B
IN PUBLIC RIGHT -OF -WAY
GROWTH MANAGEMENT DIVISION /ROW PERMITTING & INSPECTION
2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104
COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES - FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN
R.O.W. Section Phone # 239 - 252 -5767
Date Issued: May 21, 2015
SDP /AR/PSP Number:
Right -of -way Permit Number: PRROW2015041340501
Building Permit Number:
Project Name: TIDE/ LONGHORN STEAKHOUSE SIDE ROAD IMPROVEMENTS
Project Address: UNNAMED ROAD BETWEEN 8010 TRAIL BLVD AND 8050 TRAIL BLVD (GOES FROM TRAIL BLVD TO
PELICAN RIDGE BLVD)
Subdivision:
Folio No:
Lot: Block: Unit: Tract:
Section: Township: Range:
Type of Construction: ROW Commercial
Detail: TIDE/ LONGHORN STEAKHOUSE SIDE ROAD IMPROVEMENTS
CONSTRUCTION IN RIGHT OF WAY: TO FIX WATER DRAINAGE ISSUES
UNNAMED ROAD BETWEEN 8010 TRAIL BLVD AND 8050 TRAIL BLVD (GOES FROM TRAIL BLVD TO
PELICAN RIDGE BLVD)
The work herein described and permitted is to be commenced on or about 051Z(# 1S And
completed no later than _L1 12o 1 3 Expiration date for work described: 11/20/2015
Property OwnerlApplicant:
TRAIL BOULEVARD LLLP
Contact Name: DOUGLAS BAIRD
2600 GOLDEN GATE PKWY
NAPLES, FL 34105
Telephone Number: (239) 262 -2600
Email: dbaird@barroncollier.com
1. Work shall be performed in accordance with approved plan, Conditions of
Permit appearing on reverse side, stipulations specified as part of this permit and
in accordance with Collier County Ordinance # 09 -19 and the "Public
Riaht- of -Wav Construction Standards Handbook," latest edition.
Applicant declares that prior to filing this application he has ascertained the
ration of all existing utilities, both aerial and underground. Any changes to any
lity shall be the responsibility of the Permittee for all cost.
If right -of -way permit is issued in conjunction with a building permit, the
ht- of -wav nermit exoires upon completion of the building.
STATUS: ISSUED ARH
BY:
Contractor:
Telephone Number:
the application is made by any person or firm other than the owner c
property involved, a written consent from the property owner shall be
fired prior to processing of the application.
Transportation Services Division approval does not exempt the permittee
)m gaining approval from any State, Federal or Local Agencies having
risdiction over the proposed work.
This permit is contingent upon Permittee obtaining necessary rights of
try for construction and maintenance where required right -of -way for
blic use has not been dedicated and accepted by Collier County,
DATE: May 21, 2015
Please call 239- 252 -3726 to schedule required inspection(s) listed below.
830 - ROW 72 hr Notice To Proceed
800 - Right of Way Inspections
Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development.
SEE REVERSE SIDE FOR CONDITIONS
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10/13/2015 17. B.
CONDITIONS OF PERMIT
This permit must be kept on the work site and be available upon request or prominently displayed.
2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those
public rights -of -way or easements, which are maintained by Collier County, but Ile within municipal boundaries.
3. When permitted facilities are placed within a public right -of -way or easement, the installation is for permissive use only and placing of facilities shall not operate to
create or vest any property right in the associated right -of -way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of
such facilities until they are removed, unless otherwise specified.
4. All materials and equipment, including Maintenance o`, Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Division
5. Requests for pre- inspections shall be made 72 hours prior to commencing work requiring inspection.
6. No lane closures will be permitted between the hours of 7:00 - 9:00 A. M. and 3:30 - 6:3C P.M.
7. Prior to construction, the Contractor /Permittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or activity that may
affect traffic on any County street, roadway or bNepathlsidewalk. The MOT must be signed by either a Professional Engineer or person certified by the
International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road
Maintenance Department. The driveway fill and driveway culvert including soil erosion /sedimentation control measures must be installed prior to the start of any
earth moving construction activity with drainage plans, culvert size, soil erosion /sedimentation controls, elevation offset, and ditch slope designed and certified by a
licensed engineer for all commercial projects,
8. During construction the Contractor /Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices' and with all other governing safety regulations and
shall maintain the approved site drainage plan and soil erosion/sedimentation control plan.
9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work
authorized and performed under this permit.
10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty -six inches (36 °), unless otherwise authorized by the Growth
Management Division for good cause shown.
11. All overhead installations must meet a minimum four foot separation to communication lines (both vertically and horizontally), minimum seven foot separation to
guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA
requirements as may be determined by OSHA clearance requirements and /or formulas relevant to overhead lines clearances and /or separations requirements
(both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty -six inches (36 ") below the pavement and/or a
minimum depth of twenty -four inches (24 ") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum
thirty -six (36 ") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30 ") cover. Exception may be made by authority of the
Growth Management Division for good cause shown.
12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of
this permit.
13. Following completion of all permitted work, grassing and /or seeding shall be required for any disturbed rights -of -way.
14. All property disturbed by work authorized by this permit must be restored to better than, or equal to, its original condition, and to the satisfaction of the County.
15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right -of -way or easement
and when so notified by the County, any or all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances
authorized shall be removed from said right -of -way or easement, or reset or relocated thereon as required, to be installed by this Permit, and at the expense of the
permittee, his successor, or assign.
16. When the permittee, or his successor, or assign is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right -
of -way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be
altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible Party.
17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is
expected to take, and the approximate date of completion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the
specific instance for a longer or shorter period. If the work has not been completed bytthe expiration date, there will be a renewal fee, set by Resolution, payable
upon extending the expiration date for an additional ninety (90) days.
18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or
subcontractor.
19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239- 252 -8192 and
the ROW Permit Section at 239 -252 -5767, three working days prior to construction.
20, Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, 2885 Horseshoe Drive
South, Naples, FL 34104) or email (TrafficOrs(5),collieroov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground
work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights -of -way within Collier County and 12 hours
prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in
writing. All underground facilities must be located prior to construction.
21. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notified by mailing or delivering a request
for a final inspection to the ROW Permitting Section, 2885 South Horseshoe Drive, Naples, FL 34104, or by phone, 239- 252 -5767, upon completion of authorized
work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As -Built Electronic
Drawings (APPENDIX B) in addition to signed and sealed copies of the as -built survey.
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10/13/2015 17.B. i
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"62,
444 rue 398 DEDICATION �
KNOW ALL. M- ,N By Tifur PRCSCNTS, THAT COLLIER DLVr.LOPASr.NT
CORPORATION, the CUANTOR, being the owner of the loo simple tttlo to the
lands herelnafter described, does hereby dedleat!t the following described
lands to COLLICR COUNT'i for the use and benefit of the general public, for
road rights -of -way, uttittles and drainAge, to the parpolual use of Collier
Cnunly, to wit:
From the Srn,Uewenl earner of Troet 'A' , PINC RiPGL
SIX.ONI) IXtT RSltiit, n% rrcorilml to Pint ft-A 10.
Pngv fit', et the I`ul,llr nerordn nt t :.Aller Uovnly,
rlaitin, %in N u0. ve 24' W. ainng the Cnal line
of Ttall nouleaard, la 1091.20 fret. to the I'uint of
f Reglnningt theme continue N 00' SV 24' W, fix
3ff.nn feet: Iherir•r N O9' DW tfi' C, for 21'..:0 feet,
In She pntnt of , u,vative. of n cure entxnvl• to the
Northwest %rut having a f4di'ls of 2`,.00 lent; thence
along the nn' nl ssld curve, !tx 19,27 Iret through o
central tingle of 00* 00' Cn'. to the pntni ai tangeney
Of 1111111 VUla9'; tht•nre S 00' S9' 24' C, for "'., 00 irett
thence S (111' 0,1' W W, for 240.00 irrt, in the Point
of fleglnning,
In the evrnt lhr .e h! ^'r iteecrlged rWhi -ol -Way it .ibindnned tv viteAtrd,
such Lvt.1s so drdls.tted ahafl avert to the Grantor.
TO IIAW AND TO 1101.1.) lhr 11-ime unto Collier County for the
purpnar� ativooiid I—Yet.
Th,s dedirttlnn and the fecardatton of the same sh.tilt not place
any duty, burden rt 11rnUtty upon Collier County, by format net of tht-
governing body, to at orpt the proporly herein and hereby dedicated, nor
obligate Collier C• -nty to improve the aforeseld property In .:1y manner,
nor shall acceptance of this dedleatlon by formal act of Collier County
obligate Collier County to improve the aforesaid property in any manner,
IN WITNCS.e. WItCRCor the Paid Otantor has caused these pra'sf:nts
to be executed in Its name, and Its corporate seal to ti (• hereunto �;4txtiQ,•vbp
Its proper officers thereunto duly authorized, this 3rd, day of;'1tffl.)
Signed, sealed anti COI.1,11: Dl.'Vrl.OPIICN COpJ ORAT1C1r4 w :
delivered in the presence of;
ie
Norman A, iterrnn, Vlco Presfdnnl
�r, is �•.
(, ), Gortnlcvt, Secrolory
777.7 77!
F-7r.," y. :1
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10/13/2015 17.B
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10/13/2015 17.B.
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on Tuesday, October 13, 2015, in the
Board of County Commissioner's Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, 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
THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY AND DRAINAGE
EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 444,
PAGES 398 AND 399 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC- PL20150001456)
°n
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.
_Z
M
NOTE: All persons wishing to speak any agenda item must
register with the County Manager prior
h
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
Q
an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
(D
organization may be allotted 10 minutes
L
to speak on an item.
U)
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
--s
presentations before the Board will become a permanent
part of the record.
w
Any person who decides to appeal any decision of the Board
a
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
C.
evidence upon which the appeal is based.
If You areaperson with adisabilitywho needs any accommodation
G 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 Division,
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: Ann lennejohn
Deputy Clerk (SEAL)
September 23, 2015 No. 700568
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