Agenda 06/24/2014 Item #17A6/24/2014 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- PL20140000611, to disclaim, renounce and vacate the County and the Public interest
in the 60 -foot public road right -of -way as described and recorded in Official Record Book 590, page
1304 of the Public Records of Collier County, Florida, located in Section 15, Township 49 South,
Range 25 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 60 -foot
public road right -of -way as described and recorded in Official Record Book 590, page 1304 of
the Public Records of Collier County, Florida, also being a part of Section 15, Township 49
South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC- PL20140000611 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Sandra Bottcher, of SLB
Consulting of SW Florida, as agent for the property owner to vacate the 60 -foot public road
right -of -way as described and recorded in Official Record Book 590, page 1304 of the Public
Records of Collier County, Florida, located in Section 15, Township 49 South, Range 25 East,
Collier County, Florida, being more specifically shown in Exhibit A.
The Engineering department has reviewed this petition and found no reason for objection.
The 60 -foot road right -of -way currently provides no public benefit. The right -of -way splits the
owners property into two separate parcels allowing for no improvements between the parcels.
This vacation will provide contiguous property use by the adjacent property owners; provide
additional taxes on industrial use tax base; and savings of tax dollars by no longer providing
County maintenance on the roadway.
On May 13, 2014, the Board approved a Resolution setting the date for this hearing. The hearing
has been duly advertised in a local paper of general circulation pursuant to Section 336.10,
Florida Statutes and Resolution No. 2013 -166, and the adjoining property owners will be given
notice as well.
FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected
a $2,100 "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)
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6/24/2014 17.A.
RECOMMENDATION: That the Board of County Commissioners; 1) Approves the attached
Resolution, relating to Petition VAC- PL20140000611, which will vacate the County and the
public interest in the 60 -foot public road right -of -way as described and recorded in Official
Record Book 590, page 1304 of the Public Records of Collier County, Florida, located in Section
15, Township 49 South, Range 25 East, Collier County, Florida, and 2) Directs the Clerk to the
Board 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, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachment: 1) Resolution with Exhibits
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
6/24/2014 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- PL20140000611, to disclaim, renounce and vacate
the County and the Public interest in the 60 -foot public road right -of -way as described and
recorded in Official Record Book 590, page 1304 of the Public Records of Collier County, Florida,
located in Section 15, Township 49 South, Range 25 East, Collier County, Florida.
Meeting Date: 6/24/2014
Prepared By
Name: BermanMarcus
Title: County Surveyor, Engineering & Environmental Services
5/16/2014 11:00:51 AM
Submitted by
Title: County Surveyor, Engineering & Environmental Services
Name: BermanMarcus
5/16/2014 11:00:.52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/16/2014 4:46:44 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Engineering & Environmental Services
Date: 5/19/2014 9:00:05 AM
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
Date: 5/19/2014 10:39:38 AM
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Name: McKennaJack
6/24/2014 17.A.
Title: Manager - Engineering Review Services, Natural Resources
Date: 5/21/2014 10:20:45 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/21/2014 3:53:46 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/28/2014 7:46:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/30/2014 11:29:31 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/12/2014 2:45:58 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 9:20:57 AM
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6/24/2014 17.A.
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 THE 60-
FOOT PUBLIC ROAD RIGHT -OF -WAY AS DESCRIBED AND
RECORDED IN OFFICIAL RECORD BOOK 590, PAGE 1304 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LOCATED IN
SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [PETITION VAC- PL201400006111
WHEREAS, pursuant to Resolution 2013 -166, Petitioner, Sandra Botteher of SLB Consulting
of SW Florida, has requested the vacation of the County and the public interest in the 60 -foot road
right -of -way, as described and recorded in Official Record Book 590, page 1304 of the Public Records of
Collier County, Florida, located in Section 15, Township 49 South, Range 25 East, Collier County, Florida,
being more specifically described in Exhibit A, attached hereto; and
WHEREAS, at its May 13, 2014, regular meeting, the Board of County Commissioners, by
Resolution No. 2014 -86, approved the scheduling of a public hearing for June 24, 2014 to hear
Petitioner's request for vacation; 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 and the public
interest in the 60 -foot public road right -of -way as described and recorded in Official Record Book
590, page 1304 of the Public Records of Collier County, Florida, located in Section 15, 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 this Resolution in the Public Records of Collier County,
Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
this day of 2014.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, Chairman
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Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Attachments: 1) Exhibit A. 2) Location -Site Map
CP`14- EIS - 02676114
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6/24/2014 17.A.
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BEGINNING AT THE INTERSEC77ON OF THE EAST LINE OF THE 60 FOOT WIDE ROAD RIGHT -OF -WAY RECORDED IN OFFICAL RECORDS BOOK 590, PAGE 1304
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RHODES & RHODES DEVOE- VACATiI
LAVA SURVEYING, INC. S'"AI
LICENSE #LB 6897
28100 BONITA GRANDE DRIVE SUITE 107
BONITA SPRINGS, FL 34135
PHONE: (239) 405 -8166 FAX: (239) 405 -8163
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LOCATION MAP Prepared b : m SITE MAP
Marcus L. Beran P.S.M.
Collier County Surveyor
Florida Surveyor & Mapper LS 5086
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horse-'- -e Drive. Naples Florida 34104
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LOCATION MAP Prepared b : m SITE MAP
Marcus L. Beran P.S.M.
Collier County Surveyor
Florida Surveyor & Mapper LS 5086
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horse-'- -e Drive. Naples Florida 34104
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6/24/2014 17.A.
24D N Wednesday, June 4, 2014 )) N A P L E S DA I LY N E WS
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, June 24, 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 DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN THE 60 -FOOT PUBLIC ROAD RIGHT -OF -WAY AS DESCRIBED AND
RECORDED IN ,OFFICIAL RECORD BOOK 590, PAGE 1304 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PETITION VAC- PL201400006111
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 I 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)
June 4. 2014 No 076741
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