Agenda 06/24/2014 Item #17B6/24/2014 17.B.
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- PL20140000073 to vacate the County and public interest in the Stormwater Drainage
Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of
the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26
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 the
Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188,
pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28,
Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit A.
CONSIDERATIONS: Petition VAC- PL20140000073 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation Department from Michael
Ward of RWA, Inc., as agent for the property owner, to vacate the Stormwater Drainage
Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through
1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South,
Range 26 East, Collier County, Florida.
The vacated Stormwater Drainage Easement has been replaced by Tracts L -1 and L -2, according
to the plat of Bent Creek Preserve as recorded in Plat Book 55, pages 61 through 74 of the public
records of Collier County, Florida.
The Engineering Department has reviewed this petition and found no reason for objection.
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- PL20140000073, which will vacate the County and the
public interest in the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official
Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida,
located in Section 28, Township 48 South, Range 26 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 Bent Creek Preserve as recorded in Plat Book 55, pages 61 through 74 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
Attachment: 1) Resolution with Exhibits
Packet Page -2097-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
6/24/2014 17.B.
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- PL20140000073 to vacate the County and public
interest in the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record
Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in
Section 28, Township 48 South, Range 26 East, Collier County, Florida, being more specifically
shown in Exhibit A.
Meeting Date: 6/24/2014
Prepared By
Name: BermanMarcus
Title: County Surveyor, Natural Resources
5/29/2014 11:22:03 AM
Submitted by
Title: County Surveyor, Natural Resources
Name: BermanMarcus
5/29/2014 11:22:04 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
Date: 5/29/2014 1:43:16 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/3/2014 4:40:40 PM
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
Date: 6/4/2014 5:00:32 PM
Packet Page -2098-
Name: McKennaJack
6/24/2014 17.B.
Title: Manager - Engineering Review Services, Natural Resources
Date: 6/5/2014 12:58:37 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/6/2014 11:45:29 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/13/2014 4:05:20 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/16/2014 2:13:20 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2014 2:46:55 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/16/2014 2:47:02 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/17/2014 10:29:35 AM
Packet Page -2099-
6/24/2014 17.B.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO VACATE THE STORMWATER
EASEMENT (EXHIBIT A -2 ONLY) AS RECORDED IN OFFICIAL
RECORD BOOK 3188, PAGES 1727 THROUGH 1733 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION
28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (PETITION VAC- PL20140000073)
WHEREAS, pursuant to Section 125.01, Florida Statutes, and Resolution 2006 -160, as
amended, Petitioner, Michael Ward of RWA, Inc., has requested to vacate the County and the
public interest in the drainage easement (Exhibit A -2 only) as recorded in Official Record Book
3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in
Section 28, Township 48 South, Range 26 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 and the public
interest in the drainage easement (Exhibit A -2 only) as recorded in Official Record Book 3188,
pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28,
Township 48 South, Range 26 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.
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
go
1 of 2
Packet Page -2100-
TOM HENNING, Chairman
Approved as to form and legality:
By: �5iia��N
Scott A. Stone
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location -Site Map
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2 of 2
Packet Page -2101-
6/24/2014 17.B.
6/24/2014 17.B. •
EXHIBIT "q„
PER O.R. 3188 PAGE 1727 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA:
DESCRIPTION OF A PART OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(DRAINAGE EASEMENT)
ALL THAT PART OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 26;
THENCE ALONG THE NORTH LINE OF SAID SECTION 26, ALSO BEING THE NORTH RIGHT —OF —WAY LINE OF IMMOKALEE ROAD, (C.R. 846) 100 FOOT
RIGHT —OF —WAY; SOUTH 89'58'16' EAST 817.13 FEET;
THENCE LEAVING SAID LINE SOUTH 00'01'44" WEST 178.94 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;
THENCE SOUTH 89'58'09' EAST 450.37 FEET;
THENCE SOUTH 02'18'22" EAST 3Z0.27 FEET;
THENCE NORTH 89'58'09'WEST 450.37 FEET;
THENCE NORTH 02'18'22" WEST 320.27 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;
CONTAINING 3.31 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE ASSUMED AND BASED ON THE NORTH LINE OF SAID SECTION 26, BEING SOUTH 89'58'16" EAST.
POINT OF
COMMENCEMENT
NORTH 1/4 CORNER
SECTION 26
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IMMOKALEE ROAD (100' R.OX),C.R. 846
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Engineering Service Dept. Growth Management. Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34103
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24D ))Wednesday, June 4,2014A NAPLES DAILY NEWS
NOTICE OF PUBLIC HEARING
Notice is hereby given that on
Tuesday, June 24, 2014, in the Board
of County Commissioners Meeting
Room, Third Floor, Collier Government
Center, 3299 East Tamiami Trail,
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 Resolu-
tion is as follows:
RESOLUTION NO. 2014.
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, TO VACATE THE
STORMWATER EASEMENT (EXHIBIT
A -2 ONLY) AS RECORDED IN OFFICIAL
RECORD BOOK 3188, PAGES '1727
THROUGH 1733, OF THE PUBLIC
RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 28,
TOWNSHIP 48 SOUTH,., RANGE •26
EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC- PL20140000073)
A copy of the proposed Resolution is
on fie 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. It 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
pprior 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
1`10111— :a permanent part of the
NATler ne mccrimer
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
Packet Page -2104-
6/24/2014 17.B.
S i1 imer tic Mrt -rim
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: Teresa Cannon
Deputy Clerk (SEAL)
June 4 & 11, 2014 No. 2027377
6/24/2014 17 _ B _
26D * Wednesday, June 11, 2014 X NAPLES DAILY N E W S
N`
NOTICE OF PUBLIC HEARING
Notice is hereby given that on
Tuesday, June 24, 2014, in the Board
of County Commissioners Meeting
Room, Third Floor, Collier Government
Center, - 3299 East Tamiami Trail,
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 Resolu-
tion is as follows:
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, TO VACATE THE
STORMWATER EASEMENT (EXHIBIT
A -2 ONLY) AS RECORDED IN OFFICIAL
RECORD BOOK 3188, PAGES 1727
.THROUGH 1733, OF THE PUBLIC
RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 28,
TOWNSHIP 48 SOUTH, •RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC- PL20140000073)
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
ggraphic 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
CRY
i� t4 u �Y.
Packet Page -2105-
L
L egals
MUM
AF MEETING
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: Teresa Cannon
Deputy Clerk (SEAL)
June 4 & 11, 2014 No. 2027377
I
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