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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) Packet Page -2088- 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 Packet Page -2089- 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 Packet Page -2090- 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 Packet Page -2091- 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 1of2 Packet Page -2092- Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A. 2) Location -Site Map CP`14- EIS - 02676114 2of2 Packet Page -2093- 6/24/2014 17.A. i r CD N 'q N S00' 1527 "W 302.28' DESCRIP77ON OF A PARCEL OF LAND EXHIBIT "A" i L}1NG IN SEC770H 15, TOWNSHIP 49 SOUTH, RANGE' 25 EAST - i m a COLLIER COUNTY, FLORIDA °z (DEVOE ROAD VACA770N) O 60' ROAD RCiT -OF -WAY A PARCEL OR TRACT OF LAND SITUATED IN THE STATE" OF FLORIDA, COUNTY OF COLLIER, LYING IN SEC77ON 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, in M BEING A PART OF LOT 66 OF NAPLES IMPROVEMENTS COS LITTLE FARMS ACCORDING TO THE PLAT 7HEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF PER OR 59Q PG. 1304 O THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS- 0) 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 (O.R. 590, PG. 1304) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTH RIGHT -OF -WAY OF THE 60 FOOT WIDE ROAD ` RIGHT- OF-WAY (SOLONA ROAD) SHOWN ON THE PLAT OF DECKER HIGHLANDS, PLAT BOOK 1, PAGE 80, SAID PUBLIC RECORDS, THENCE N895935 °W„ U-) 00 ALONG THE NORTH RIGHT -OF -WAY LINE OF SOLONA ROAD, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID ROAD RIGHT -OF -WAY RECORDED ON � 2 4Q SAID O.R. 590, PG. 1304; THENCE N.007527 £, ALONG SAID WEST RIGHT -OF -WAY, A DISTANCE OF 302.26 FEET TO THE NORTH LINE OF LOT 66 OF z NAPLES IMPROVEMENTS COS LITTLE FARMS ACCORDING TO THE PLAT ]HEREOF RECORDED IN PLAT BOOK 2, PAGE 2, SAID PUBLIC RECORDS, THENCE 1 000 M895932 E, ALONG SAID NORTH LINE, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF SAID D.R. 59Q PG. 1304; THENCE 5.00'1527 'W„ ALONG SAID EAST RIGHT -OF -WAY, A DISTANCE OF 302.28 FEET TO THE POINT OF BEGINNING. ti I� THE DESCRIBED PARCEL CONTAINS 18136 SQUARE FEET OR 0.416 ACRES, MORE OR LESS. ST R Y 0R. 00, PC rmm BEARINGS ARE BASED ON THE NORTH RIGHT -CF -WAY LINE OF SOLONA ROAD AS BEARING N.895935 "W. N00' 15'27 "E 302.26' O 25' 50' u ® -- W $ry POINT OF BEGINNING 3D-D 3DO' - - - - - - -r -- 1 CPA PI-110 SCA %£ ` ° 5o' am' W FAST Rl N a,4. 590, PG, 1304 NORTH R/W MAMA ROAD S00' 1527 "W 302.28' U i - i m a °z NN) O 60' ROAD RCiT -OF -WAY WRD AVENUE-PLAY OF DECKER HIGHLANDS in M O PER OR 59Q PG. 1304 O M 0) ` U-) 00 � 2 4Q m z 1 000 1 i 013-1 P2 ST R Y 0R. 00, PC rmm N00' 15'27 "E 302.26' �I �I zl U i - i m a °z 14711 SYREFT ,VCdiTH _ t� WRD AVENUE-PLAY OF DECKER HIGHLANDS W !a � 2 4Q g 1 1 i 013-1 P2 � THr5 15. H 7 A SOW- Y — PSM 15854 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 IB7 shen{ #' 1 of 1 Ol O fV N b (O d Y U m d M r+ w oa ro N O lD Ir VAC— PL2014000oFi i J V O O 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 N N O 3 i 1 � I � .t i � iii �• ,'. Y f' I,i� � � '�,i i •J�I ♦'M J V O O 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 N N O 3 i 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 Packet Page -2096-