Agenda 01/14/2014 Item # 17A 1/14/2014 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-PL20130002374, to disclaim, renounce and vacate the County and the public interest
in four 5-foot utility easements being a part of lots 6, 7 and 8 of Pelican Bay Unit Ten, as recorded
in Plat Book 15, pages 64 through 67, of the public records of Collier County, Florida, also being a
part of Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more
specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in four 5-foot
utility easements being a part of Lots 6, 7 and 8 of Pelican Bay Unit Ten as recorded in Plat
Book 15, pages 64 through 67 of the public records of Collier County, Florida, also being a part
of Section 33, Township 48 South, Range 25 East, Collier County, Florida, being more
specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20130002374 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Richard Gosselin of
Gregg J. Powers Family Office, LLC, as agent for the property owner, to vacate four 5-foot
utility easements being a part of Lots 6, 7 and 8 of Pelican Bay Unit Ten as recorded in Plat
Book 15, pages 64 through 67, of the public records of Collier County, Florida, also being a part
of Section 33, Township 48 South, Range 25 East, Collier County, Florida.
The owner of the single family residential lot wishes to construct an addition to their existing
residence. The utility easements that are to be vacated are not currently in use and have no
utilities within the easements.
The Engineering Department has reviewed this petition and found no reason for 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.
FISCAL IMPACT: Growth Management Division, Planning and Regulation 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-PL20130002374, which will vacate the County and the
public interest in four 5-foot utility easements being a part of Lots 6, 7 and 8 of Pelican Bay Unit
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1/14/2014 17.A.
Ten as recorded in Plat Book 15, pages 64 through 67 of the public records of Collier County,
Florida, also being a part of Section 33, Township 48 South, Range 25 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 Pelican Bay Unit Ten as recorded in Plat Book 15, pages 64 through 67,
of the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution with exhibits, 2) Site Plan
CP\13-EIS-02572\6
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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-PL20130002374, to disclaim, renounce and vacate
the County and the public interest in four 5-foot utility easements being a part of lots 6, 7 and 8
of Pelican Bay Unit Ten, as recorded in Plat Book 15, pages 64 through 67, of the public records
of Collier County, Florida, also being a part of Section 33, Township 48 South, Range 25 East,
Collier County, Florida, being more specifically shown in Exhibit A.
Meeting Date: 1/14/2014
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
12/4/2013 9:05:27 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
12/4/2013 9:05:29 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
Date: 12/9/2013 10:12:56 AM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 12/10/2013 1:09:50 PM
Name: KurtzGerald
Title: Project Manager,Principal,Transportation Engineer
Date: 12/17/2013 1:46:16 PM
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Name: BradfordAlison
Title: Project Manager,Transportation Planning
Date: 12/23/2013 8:08:14 AM
Name: StoneScott
Title: Assistant County Attorney
Date: 12/23/2013 8:26:06 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/26/2013 1:52:51 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/26/2013 2:47:47 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 12/26/2013 5:02:59 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 10:02:23 AM
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RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN
FOUR 5-FOOT UTILITY EASEMENTS BEING A PART OF LOTS 6,
7 AND 8 OF PELICAN BAY UNIT TEN, AS RECORDED IN PLAT
BOOK 15, PAGES 64 THROUGH 67, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY,FLORIDA. (PETITION VAC-PL20130002374)
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Richard Gosselin, of
Gregg J. Powers Family Office, LLC has requested the vacation of the County and the
Public interest in four 5-foot utility easements being a part of lots 6, 7 and 8 of Pelican
Bay Unit Ten, as recorded in Plat Book 15, pages 64 through 67, of the public records of
Collier County, Florida, also being a part of Section 33, Township 48 South, Range 25
East, Collier County, Florida, more specifically described 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 interest in
four 5-foot utility easements being a part of lots 6, 7 and 8 of Pelican Bay Unit Ten, as
recorded in Plat Book 15, pages 64 through 67, of the public records of Collier County,
Florida, also being a part of Section 33, Township 48 South, Range 25 East, Collier
County, Florida, more specifically described in Exhibit A, are 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 14th day of January, 2014.
1 of 2
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A'1"1'I✓ST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk , Chairman
Approved as to form and legality:
By:
Scott A. Stone
Assistant County Attorney a/ci 3
Attachments: 1)Exhibit A
2)Location-Site Map
CP\13-EIS-02572/9
2 of 2
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SKETCH OF EXHIBIT "A"
5 FOOT UTILITY EASEMENT
TO BE VACATED
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'295 Tilden Lane Plat book 15,
Page 64-67
DATE: 11/13/13
REAL PROPERTY DESCRIPTION OF EASEMENT TO BE VACATED; DUE: 11/27/13
THE NORTH 5 FEET, LESS THE EAST AND WEST 10 FEET THEREOF OF
SITE 6, PELICAN BAY UNIT TEN AS AS RECORDED IN PLAT BOOK 15,
PAGES 64 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
ABBREVIATIONS.
PREPARED BY: DE. DRAINAGE EASEMENT
P.O.B. POINT OF BEGINNING
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SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 14. .. *X.. 02 120f
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SKETCH OF EXHIBIT "A"\
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7295 Tilden Lane Plat book 15,
Page 64-67
DATE: 11/13/13
BEAL PROPERTY DESCRIPTION OF EASEMENT TO BE VACATED: DUE: 11/27/13
THE NORTH 5 FEET, LESS THE EAST AND WEST 10 FEET THEREOF OF
SITE 7, PELICAN BAY UNIT TEN AS AS RECORDED IN PLAT BOOK 15,
PAGES 64 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
AND
SITE 7,OUTH 5 FEET, LESS PELICAN BAY UNIT TTEN EASTASN O
RE RECORDED IN FEET PLAT BOOK OF
BOOK 15
PAGES 64 THROUGH 67, OF THE PUBLIC RECORDS I1F COLLIER COUNTY, A BREVIATIONS' NT
FLORIDA.
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Certificate Number 4520 DATE: NOVEMBER 4, 2013 yu.l.y.4.1. & xand SPIa....enq
NOT VALID W17HOUT THE SIGNATURE AND THE ORIGINAL RAISED
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SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. A 1 X.. ZS 824i 5863
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SKETCH OF EXHIBIT "A"
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TO BE VACATED
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AVPLAT-PL20130002374 REV: 1
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BEAL PROPERTY DESCRIPTION OF EASEMENT TO BE VACATED: Page 64-67
DATE: 11/13/13
THE SOUTH 5 FEET, LESS THE EAST AND VEST ID FEET THEREOF IT DUE: 11/27/13
SITE 8, PELICAN BAY UNIT TEN AS AS RECORDED IN PLAT BOOK 15,
PAGES 64 THROUGH 67, IF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PREPARED BY: ABBREVIATIONS'
DE. DRAINAGE EASEMENT
P.D.B. POINT OF BEGINNING
PLS PROFESSIONAL LAND SURVEYOR
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Certificate Number 4520 y'""°'1l'"P' & Y.and P/Qn..t..?
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SITE 6, 7, AND THE SOUTH 63 FEET OF SITE 8, PELICAN BAY David B. Bruns, PLS
UNIT TEN AS AS RECORDED IN PLAT BOOK 15, PAGES 64 THROUGH
Certificate Number 4520
67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
DATE OF SURVEY, JANUARY 16, 2013
NOTES;
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
1.) BEARING SHOWN HEREON REFER TO THE CENTER LINE OF TILDEN LANE SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
AS BEING N. 00.58'00' W. /�/ .1
2.)RESTRICTIONS TOF RECORD.CCT TO EASEMENTS, RESERVATIONS AND !/FDR GREGG J. POWERS
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
4.) IMPROVEMENTS EITHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED, BOUNDARY
5.) LEGAL DESCRIPTION SUPPLIED BY CLIENT. SURVEY
6.) THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE AE10 N,A.V,E. DATED 5/16/12. srxo DUOS, �iKUNN CHECKED' BOOK, 199 290
1' •30' D.B.H. D.B.H. PAGE, 1 A.7A
7.) ELEVATION ARE BASED ON NORTH AMERICAN VERTICAL DATUM (NA.V.E.) 1988. 29•411714, & � � ..791C, FILE NI.
8J INTERIOR EASEMENTS NOT SHOW DUE TEl REVISIONS. .Ywnoayins. & .Wahl Plonvrat p KA'FILE, PBUms6
107! 66, ...6.......4«.8. REVtstms,
STREET ADDRESS. 7295 TILDE Packet Page -1567- Aid,,, 54( 591 261 5965 /Z2 SOP(
1/14/2014 17.A.
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24D D.Wednesday, December 25,2013 )) NAPLES DAILY NEWS
•
•
• NOTICE OF PUBUC HEARING
Notice is hereby given that on Tuesday, January 14, 2014, in the Board of County
Commissioners Meeting Room, Third Floor, Collier County 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.2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN FOUR 5-FOOT UTILITY EASEMENTS BEING A PART OF LOTS 6,7 AND 8
OF PELICAN BAY UNIT TEN,AS RECORDED IN PLAT BOOK 15,PAGES 64 THROUGH
67,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING A PART
OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.(PETITION VAC-PLU0130002374)
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
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 I
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
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn
Deputy Clerk(SEAL)
December 25 2013 and January 1.2014 No 2010082
•
•
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1/14/2014 17.A.
t
•
24D D Wednesday,January 1,2014 D NAPLES DAILY NEWS
•
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF PUBUC HEARING
•
Notice is hereby given that on Tuesday, January 14, 2014, in the Board of County
Commissioners Meeting Room, Third Floor, Collier County 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.2014_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,
FLORIDA,TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN FOUR 5-FOOT UTILITY EASEMENTS BEING A PART OF LOTS 6,7 AND 8
OF PELICAN BAY UNIT TEN,AS RECORDED IN PLAT BOOK 15,PAGES 64 THROUGH •
67,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING A PART
OF SECTION 33, TOWNSHIP 48 SOUTH,'RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.(PETITION VAC-PL20130002374)
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
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
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn F.
Deputy Clerk(SEAL)
December 25.7013 and Januar'1.2014 No.2010082
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