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Agenda 04/22/2014 Item #17A 4/22/2014 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-PL20130002593 to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County,Florida,also being a part of Section 35, Township 49 South,Range 25 East, Collier County,Florida,being more specifically shown in Exhibit A. OBJECTIVE: To adopt a Resolution to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County,Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20130002593 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from John and Angelika Dean, property owners, to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County,Florida. A pool was approved for the property by Collier County on August 16, 2002 (see attached letter) and a permit was issued soon thereafter. A portion of the pool encroaches into the 25-foot drainage easement. The current owners found that the drainage easement was never vacated and are now completing the vacation process. In addition, the owners agree to certain maintenance and financial responsibilities,attached hereto. 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 a letter of no objection was received from the Nature Pointe Homeowner's Association. 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. 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-PL20130002593, which will vacate the County, Nature Pointe Homeowner's Association, and the public interest in a portion of the 25-foot drainage Packet Page-1445- 4/22/2014 17.A. easement being a part of Lot 2,Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 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 Nature Pointe, as recorded in Plat Book 20,pages 20 through 22 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, 2) Exhibit A, 3) Location-Site Map, 4) Easement Vacation Agreement, 5)No objection letter from Collier County,Aug 2002 Packet Page-1446- 4/22/2014 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-PL20130002593 to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. Meeting Date: 4/22/2014 Prepared By Name: BermanMarcus Title: County Surveyor,Engineering&Environmental Services 3/12/2014 9:51:47 AM Submitted by Title: County Surveyor,Engineering&Environmental Services Name: BermanMarcus 3/12/2014 9:51:48 AM Approved By Name: KurtzGerald Title: Project Manager,Principal,Transportation Road Maintenance Date: 3/14/2014 2:22:37 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environmental Services Date: 3/18/2014 9:12:29 AM Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 3/19/2014 4:41:28 PM Packet Page-1447- 4/22/2014 17.A. r-� Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 3/19/2014 4:47:35 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 3/31/2014 3:31:53 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 4/1/2014 10:22:31 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/2014 10:40:29 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 4/8/2014 5:12:43 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/10/2014 3:33:40 PM Packet Page-1448- 4/22/2014 17.A. RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO VACATE A PORTION OF THE 25- FOOT DRAINAGE EASEMENT BEING A PART OF LOT 2, NATURE POINTE, AS RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130002593) WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, and Resolution 2013-166. Petitioners, John and Angelika Dean, have requested to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida. also being a part of Section 35, Township 49 South, Range 25 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 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, Nature Pointe Homeowner's Association, and the public's interest in a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida. also being a part of Section 35, Township 49 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, and to make proper notation of this Resolution on the plat of Nature Pointe, as recorded in Plat Book 20, pages 20 through 22 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,this the 22nd day of April. 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY. FLORIDA By: Deputy Clerk TOM HENNING, Chairman 1973 Gordon River Lane.Nature Pointe I of 2 VAC-PL20130002593—Rev.3/1 1/14 Packet Page-1449- 4/22/2014 17.A. Approved as to form and legality: By: 3iRt(M Scott A. Stone Assistant County Attorney Attachments: I) Exhibit A 2) Location-Site Map CP/13-EIS-02588\29 1973 Gordon River Lane.Nature Pointe 2 of 2 VAC-PL20130002593—Rev.3/11/14 Packet Page-1450- 4/22/2014 17.A. 5 ~ w cn V `W N O q o p > F NQC w}m NQ N z �D p m Z 2 0 Q W O Y g •0 w N o o �� In tn I. Q ao0 LM O w ~ z co `8 M E z U Z = C7 O q ci N cv t Z (1) C.) L tc, p N I L o 3 m m m 0 0 N 8, V O >,„_, „w w ZN WO o Z w N 5m 1= pa< sw 888zg ae?o= z. V. yfAWO,m �+a n) z4 w 7 f W LTA! 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"EXHIBIT A" LEGAL DESCRIPTION OF PARTIAL VACATION OF A 25' WIDE DRAINAGE EASEMENT A STRIP OF LAND LYING IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY.FLORIDA,BEING A PORTION OF A 25 FOOT DRAINAGE EASEMENT LYING OVER LOT 2 OF NATURE POINTE,AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 2 OF NATURE POINTE, AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY,(P.O.C.)THENCE; RUN ALONG THE WEST PROPERTY LINE OF SAID LOT 2. SOUTH 09 441'22"WEST,A DISTANCE OF 10.14 FEET TO THE POINT OF BEGINNING(P.O.B.) THENCE CONTINUING ALONG SAID WEST PROPERTY LINE: SOUTH 0141'22"WEST A DISTANCE OF 15.21 FEET TO A POINT THENCE: SOUTH 89'55'25"EAST,A DISTANCE OF 93.57 FEET TO A POINT LYING ON THE EAST PROPERTY LINE OF SAID LOT 2 THENCE; CONTINUING ALONG SAID EAST PROPERTY LINE: NORTH 26°00'09"EAST A DISTANCE OF 16.68 FEET TO A POINT THENCE; NORTH 89°55'25"WEST,A DISTANCE OF 98.32 FEET TO THE POINT OF BEGINNING. CONTAINING A COMPUTED AREA OF 1,439 SQUARE FEET OF LAND MORE OR LESS (0.033 ACRES MORE OR LESS). .0•■ THIS PROPERTY IS SUBJECT TO EASEMENTS,RESERVATIONS OR RESTRICTIONS OF RECORD. THIS LEGAL DESCRIPTION AND SKETCH ARE VALID ONLY IF IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF THE LICENSED SURVEYOR_ Court H.Gregory LS#6004 Professional Surveyor and Mapper 761 Teton Court Naples,FL 34104 Signer — Date 69/702/(71 Seal (SEE ATTACHED SKETCH EXHIBIT"A") Packet Page-1452- 4/22/2014 17.A. I .lI r" .rittlistiiiiim 0 LwcDW ,. wv jy elO"' W 3Nb1 a3901211f10 F" cf, I j L /NJ 0...1 Or 1� m . m rn N U c U O r N .7 4 . 7 E CO e s g L o DL . O 0' r g o Co")o z• ". o ,� /—. 31L-'95 0110N o m v^a 1:1< , OYOd NOl50NIAll i' U 14',ii9)Cd7r8.' O.. g J •p7C a1� >ti .�! ��jy; 2 W WW C d Vi y ^ Cz it mW Y Y� If, p O .. c Yi 11. _ g g5 E.. ' �i ff z LILIII as V i S RJ§ cteaa) J _ � R ovoa ONnlnd laoaaly �(� a 4 fri? it_, c,,,ii w = `"--- ._it , tu t O . CD O ` W z I `owl PI L lr4 U t r(— _ U O_ LLI . r., (LBB'23 3),.. CIVOa NN•-d-31131000D "•• g& m O c) E sa(L O J o ,,.."-", UV s`n)llvalIwvlW.L W ct Packet Page -1453- a i - 4/22/2014 17.A. Easement Vacation Agreement This Easement Vacation Agreement is entered into this day of ,2014, by JOHN R. DEAN and ANGELIKA S. DEAN, husband and wife (hereinafter "Dean") and COLLIER COUNTY, a Political Subdivision of the State of Florida, its successors and assigns, (hereinafter"Collier County"): WHEREAS, Dean is the owner of the following described real property located in Collier County, Florida: Lot 2, Nature Pointe, according to the plat thereof as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida (hereinafter "Property"). WHEREAS the Property is subject to a Drainage Easement located on the North 25 feet of the Property(hereafter"Drainage Easement"); and WHEREAS, a portion of the improvement located on the Property (hereinafter "Encroaching Improvement") encroaches into the Drainage Easement as shown on the survey attached hereto and incorporated herein as Exhibit A; and WHEREAS, Dean has requested to a vacation of that portion of the Drainage Easement shown as the Encroaching Improvement; and I � WHEREAS in consideration for the vacation of the Drainage Easement, Dean has agreed to certain maintenance and financial responsibilities. NOW, THEREFORE, in consideration of the covenants expressed herein, the parties agree as follows: 1. That portion of the Drainage Easement described in Exhibit "A" attached hereto will be vacated, in accordance with Resolution 2013-166, subject to the Board of County Commissioners approval. 2. Dean acknowledges that the Encroaching Improvement is immediately adjacent to the functioning Drainage Easement that incorporates a part of the Primary Drainage System, namely a portion of the Golden Gate Main Canal, and that the Encroaching Improvement may impede land based maintenance of the canal in the future. 3. Dean agrees that any County agency, any parties in the employ of the County, or in coordination with the County, shall not accept responsibility for any damage to the Encroaching Improvement resulting from the use of the remaining easement for the intended purpose(s) stated on the original plat, and in accordance with the Land Development Code. 1 of 2 Packet Page-1454- CA 4/22/2014 17.A. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first written above. Witness Signature JOI (✓✓ R. DEAN f/UP f ,r e"inavl Witness Printed Name Wit)less Signature ANGELIKA S. DEAN ?aster -cscs�LCy�isc� Witness Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on e ( day of, ft: c.1*M 2014 by JOHN R.DEAN and ANGELIKA S. DEAN, husband and wife who are (t► personally know to me or( ) have provided Drivers Licenses as identification. `- �'•▪ 26'0" sc No ary Public : , `, -• = My Commission Expires: 5 < 0• •Ot F��P` ST• ATE • UfllI1144t�'�' Approved as to form and legality c ,,• 1 ice°" Assistant County Attorney 2of2 Packet Page -1455- `�:1 4/22/2014 17.A. 1.411 COLLIER COUNTY GOVERNMENT $TOIINJ WTE NAOEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE Mr.Tony Frisa NAPLES, FL 34104 1973 Gordon River Lane (941) 732-2501 5672 Strand Ct. , Suite#2 FAX: (941)'659-5790 Naples,Florida 34104 Subject: Frisa Residence Lot 2,Nature Pointe ' Letter of No-Objection Dear Mr. Frisa: The Stormwater Management Section has reviewed your information showing a proposed pool, deck, and spa within a 25' Drainage Easement. Collier County has had discussions with South Florida Water Management District to learn that they would also consent to the vacation of the southerly 15 feet of the 25' Drainage Easement. This letter will consent to you building the pool, deck and spa within the said 15 feet of the 25' Drainage Easement,as shown on the plans prepared by Anthony Sylvan. Shoed you choose to complete a formal easement vacation procedure, this letter will also advise you that we will consent to such a vacation. The above consent of the immediate construction of the pool, spa, and deck shall be perpetual and remain in full force forever as well as the consent to agree to the vacation of the easement. We advise that you obtain permission from the Nature Pointe Home Owners Association for the proposed improvements If you have any further questions, do not hesitate to contact this office at 732-25th. Sincere yours Ju y . Adarmes Minor,P.E. Engineer, Senior JCAM/jcam C:Robert C.Wiley,P.E..Principal Project Manager,Stormwater Management Section Reading File F:\R.O.W.\Tony Frisa ,••••■ Packet Page-1456- • 4/22/2014 17.A. • NAPLES DAILY NEWS t Friday, April 4,2014t .21D • • NOTICE OF MEETING NOTICE OF MEETING • NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Commissioners Meeting Meetingthat Room,Tuesday,d• lo April Collier01Government. Center,County 29 • 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 VACATE A PORTION OF THE 25-FOOT DRAINAGE EASEMENT BEING A PART OF LOT 2,NATURE POINTE,AS RECORDED IN PLAT BOOK 20,PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY,FLORIDA.(PETITION VAC-PL20130002593) 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 TOM HENNING,CHAIRMAN • DWIGHT E.BROCK,CLERK By: Ann Jennejohn • Deputy Clerk(SEAL) April 4&9.2014 No.2022380 Packet Page-1457- . 4/22/2014 17.A. • • . , .. , 28D Wednesday,April 9,2014 * NAPLES DAILY NEWS NOTICE OF MEETING NOTICE OF MEETING • NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, April 22, 2014, in the Board of County Commissioners 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.2014- • A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.FLORIDA,TO VACATE A PORTION OF THE 25-FOOL DRAINAGE EASEMENT BEING A PART OF LOT 2,NATURE POINTE,AS RECORDED IN PLAT BOOK 20,PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA.(PETITION VAC-P1.20130002593) 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 TOM HENNING,CHAIRMAN . L DWIGHT E.BROCK,CLERK By: AnnJennejohn • Deputy Clerk(SEAL) Argil 4&9 7014 No 2027380 Packet Page-1458-