Agenda 12/08/2015 Item #16A 2n
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EXECUTIVE SUMMARY
Recommendation to approve Petition VAC- PL20150001828 to quitclaim and release the County's
interest in the 7.5 -foot public utility easement running through the back yard of lots 26 & 27, Block
74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County,
Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida.
OBJECTIVE: To quitclaim and release the County's interest in the 7.5 -foot public utility
easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as
recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in
Section 28, Township 48 South, Range 25 East, Collier County, Florida.
CONSIDERATIONS: Petition VAC- PL20150001828 has been received by the Development
Review Division, of the Growth Management Department from Robert W. D'Angelo, Jr., as
agent for the owner to request the County to quitclaim and release the 7.5 -foot public utility
easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as
recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in
Section 28, Township 48 South, Range 25 East, Collier County, Florida.
The purpose of this request is to give the owner more room on the property to build their house.
Required setbacks will be maintained.
This 7.5 foot easement is referenced in a Note on the plat cover sheet that states "Easements for
use of public utilities reserved... over and across the rear 7.5 feet of those [lots] fronting on
Vanderbilt Drive." This easement was not included in the dedication language of the plat;
moreover, a "public utility" easement is typically meant for the benefit private utility companies,
not the County or public at large.
There is no public detriment as the utility easement has no facilities running through it and the
County does not use the easement for any purpose.
Staff has reviewed this petition and found no reason for any objection.
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.
There is one letter of objection from the adjacent owner to the east because they believe this will
allow the owner to use the eastern 3 feet of their property. However, even if the County
quitclaims its interest in the easement, the petitioner cannot build a structure beyond the 7.5 -foot
side setback.
The County does not acknowledge having any interest in the subject property(s), but the
petitioner has requested a quitclaim deed from the County to clear possible clouds on the
property's title. A quitclaim deed conveys whatever title or interest a grantor has in the described
real estate. The instrument operates as a release of the grantor's title or interest in the property. A
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12/8/2015 16.A.2.
quitclaim deed contains no covenants of title or warranty, and it does not purport to convey any
particular type of estate. The form's main use is to clear possible clouds on the property's title.
FISCAL IMPACT: The 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: To approve the attached quitclaim deed, relating to Petition VAC -
PL20150001828, which will quitclaim and release the County's interest in the 7.5 -foot public
utility easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as
recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in
Section 28, Township 48 South, Range 25 East, Collier County, Florida, being more specifically
shown in Exhibit A.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review
Division, Growth Management Department
Attachments:
1) Quitclaim Deed
2) Sketch of proposed area to be quitclaimed
3) Location -Site Map
4) Letters of No Objection
5) Letter of Objection from lot to East
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve Petition VAC- PL20150001828 to quitclaim
and release the County's interest in the 7.5 -foot public utility easement running through the
backyard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of
the public records of Collier County, Florida, located in Section 28, Township 48 South, Range
25 East, Collier County, Florida.
Meeting Date: 12/8/2015
Prepared By
Name: BermanMarcus
Title: County Surveyor, Development Review
10/16/2015 1:53:02 PM
Submitted by
Title: County Surveyor, Development Review
Name: BermanMarcus
10/16/2015 1:53:03 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Development Review
Date: 10/26/2015 12:09:53 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 10/26/2015 4:18:43 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 10/26/2015 4:19:12 PM
Name: MCLeanMatthew
Title: Project Manager, Principal, Development Review
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Date: 10/27/2015 2:41:12 PM 10-IN
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 11/17/2015 11:09:39 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 11/18/2015 11:29:54 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/18/2015 1:06:02 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/2015 3:20:12 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/19/2015 9:52:06 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/19/2015 11:30:42 AM
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Prepared by without opinion as to title and return to:
Robert W. D'Augelo Jr. Construction Company & Wollman Gehrke & Solomon
3369 Woods Edge Circle Eric Solomon, Esq.
Suite 104 2235 Venetian Court, Suite 5
Bonita Springs, Florida 34134 Naples, Florida 34109
239-498-6444 (239) 280 -3690
File Number:
[Space Above This Lint For Recording Data] -
Quit Claim Deed
This Quit Claim Deed made this day of , 2015 . between Board of County Commissioners of
Collier County, Florida, whose post office address is 3299 Tamiami Trail East, Naples, Florida 34112, Grantor, and WBLOT
35, Limited Liability Company, whose address is 2001 Butterfield Road #600, Downers Grove, Illinois 60515, Grantee:
(Whenever used herein the terms "grantor" and " grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest,
claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County,
Florida to -wit:
THE EASTERLY 7.5 FEET OF LOTS 26 & 27, BLOCK 74, NAPLES PARK UNIT No.
6 AS RECORDED IN PLAT BOOK 3, PAGE 15 OF THE PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA.
Parcel Identification Number: 62841920109
Subject to (a) ad valorem real property taxes for the year 2015 and subsequent years; (b) zoning, building
code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral
interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if
any.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for
the use, benefit and profit of the said grantee forever.
11
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SKETCH & DESCRIPTION
OF PROPOSED EASEMENT
VACATION
105th AVENUE N.
_ -(60' RIGHT- DF- WA))--- - - - - --
N '89'52'30" E 172.55' (D)
N 89'52'30" E 169.55' (P)
LOT 27
BLOCK 74
7.5 FOOT
PUBLIC UTILITY EASEMENT
PROPOSED TO BE VACATE
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- 3' OF LOT 28
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LOT 25 5.0' P.U'E, — ,
BLOCK 74 7.5' P.U.E. -i - - - -___
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L2 I s 89'523"" w aoo' I r L 5.Q' P.U.E.
i LOT 22'
' BLOCK 74
LEGAL DESCRIPTION OF PROPOSED VACATION,
THE EASTERLY 7.5 FEET OF LOTS EG AND 27, BLOCK 74,
NAPLES PARK UNIT No, 6 AS RECORDED IN PLAT BOOK 3,
PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, ..
FLORIDA,
ABBREVIATIONS:
P,U,E, PUBLIC UTILITY EASEMENT
(P) PLAT
(D ) ' DEED
DaVid B, Bruns, PLS
DATE: FEBRUARY 22, 2015 Certificate Number 4520
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
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Ccomcast
12600 Westlinks Drive
Fort Myers, Ft. 33513
Phone: 239 -432 -1805
March 4, 2015
Bruns & Bruns, Inc.
David B. Bruns
1072 Sixth Avenue North
Naples, Florida 34102
Re: 10462 Vanderbilt Drive
Dear David B. Bruns,
This letter will serve to inform you that Comcast has no objection to your
proposed vacation of the address referenced above.
Should you require additional information or assistance, please feel free to contact
me here at 732 - 3805.
Cordially,
s
r
Mark Cook
Project Coordinator
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a�Pp
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CenturyLink
CenturyL nk
3530 Kraft Rd. Unit 100
Naples, FL 34105
March 02, 2015
David B Bruns, PLS
Bruns & Bruns, Inc
1072 e Avenue N
Naples, Florida 3402
RE: No objection to vacate easement — Lot 26 & 27, Block 74, Naples Park Unit 6
Dear Mr. Bruns.
In response to your letter dated February 25, 2015, regarding the vacation of the existing
easement identified on submitted sketch named Exhibit A, and with address of 10462
Vanderbilt Dr, Naples, 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 -6222 or email
Walter .A.Alvarezfc3CenturvLink.com
Sincerely Yours
Walter Alvarez
Access Engineer II
CenturyLink
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Florida Power & Ught Company, 499815"' Ave SW, Naples, FL 34116
.0 Phone- (239)947 -7372, Fax: (239)947 7346
FPL L ZO15 0 0018 8 REV I
June 6, 2015
David B. Bruns
Bruns & Bruns, Ine
1072 6°i Ave N
Naples, PL, 34IO2
Dear David Bruns,
This letter is in response to your request for the release of a platted utility easement.
In meeting with your request, FPL has no objection to releasing -our rights in the platted utility easement known.
as "Lot 26 &27, Block 74, Naples Park Unit 6 in Plat Book Plat Book 3, Page Page 15 of the Public records of
Collier County.
The release is restricted to the following descriptioir 'Vacate die 7.5 -ft Public Utility Easement on flie Easterly=
side of plat desciption as shown on Exhibit "A attached.
Should you have uay questions or concertos, please do not hesitate to contact Theodore Br uney at (239)947-
7372.
an FPL Group company
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February 26, 2015
David B. Bruns
Bruns & Bruns, Inc.
1072 e Avenue No.
Naples, Florida 34102
RE6 Request for a,Letter of No Objection for.Bruns & Bruns, Inc. for easement
vacation for property located at 10462 Vanderbilt Drive, Lot 26 & 27
Dear Mr. Bruns:
Staff has reviewed your request for a letter of "No Objection" for the above described
property.
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 Tong 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.
VG11Gi R1 %1VL"1J%11
Collier County Sheriff's Office
(239) 252 -0660
MJH:bah
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NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT
BoARD of FnRE Commissm
J. Christopher Lombardo, Chairman ■ Norman E. Feder, Vice Chairman a Richard Hoffman, Secretary - Treasurer
James Burke, Commissioner ■ Ramon E. Chao, Commissioner ■ Christopher L. Crossan, Commissioner
Margaret Hanson, Commissioner ■ John O. McGowan, Commissioner
March 2, 2015
David B. Bruns, PLS
Bruns & Bruns, Inc.
1072 6th Avenue N
Naples, FL 34102
RE: Vacation of 7.5-ft Public Utility Easement
Lot 26 and 27, Block 74, Naples Park Unit 6
10462 Vanderbilt Drive
Dear Mr. Bruns:
In'reference to your letter dated February 25, 2015, regarding the vacation of easement for the above
referenced property, North Collier Fire Control and Rescue District (formerly North Naples Fire Control
and Rescue District) has no objection.
Please do not hesitate to contact me should you have any questions.
Sincerely,
64-34
Orly C. Stotts
Fire Chief
1885 Veterans Park Drive Napless, FL 34109 ■ (239) 597 -3222 ■ Fax (239) 597 -7082 ■ www.northeollierfire.com
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swim d J3fum .TIM (239) 261 -5965 p&wse
1072.61& [t w uce .lea. (239) 263 -2315 Pam
Arap&6, 3$1112 ?iaruL?33241fa tiifcavru
September 4, 2015
Charles & Debra C. vitale
104-412 Venderb tDrim
Naples. Fl,. 34108
RF- Vacation of 7.5-ft Public Utility Easement
Lot 26 &21, Block 74, Naples Park; Unit6
10462 Vanderbilt Drive
Our client is proposing to vacate the 7.3 -ft Public Utility Easement on the Easterly side of
Lot 2t & 27, Block 74: Naples Park Unij b as recorded in Plat Boot: 3, Page 15 of the
Public Records of Collier County, Florida as .shown on the attached sketch.
This request for vacation of easement is for the purpose of being able to utilize the Brest
3 ft of Lot 28, which lies to the East of Lpt 26 & 27, and is owned by pur client to be used
as part of the required building setback.
If you have no objection to this vacation, please furnish us with a Letter of No Objection.
Thank you for your tie and if you have tiny questions, please give me a oall.
sincerely,
David B. Bruns, PLS
NO
9&, e.V. # XJO 3241 spf ec4 # 4526
Ar
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12/8/2015 16.A.2.
March 16, 2015
Bruns & Bruns, Inc.
RE: Vacation of 7.5 -ft Public Utility Easement
Lot 26 & 27, Block 74, Naples Park Unit 6
10472 Vanderbilt Drive
This letter strongly OBJECTS to the vacation of the 7.5 -ft Public Utility
Easement on the Easterly side of Lot 26 & 27, Naples Park Unit 6. This
vacation is for the purpose of being able to utilize the West aft Of Lot
28.- 512/51410P Ave., Naples FL 34108
We OBJECT to this request.
John C. Boyer & Bet�J� -Boyer
479 Palm CT.
Naples, Fl 34108
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