Agenda 09/23/2014 Item #17B9/23/2014 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- PL20140001704, to disclaim, renounce and vacate the Preserve and Detention
Easement in Tract "A ", Airport Road Subdivision according to Plat Book 24, Pages 82 through 83
of the Public Records of Collier County, Florida, located in Section 12, Township 49 South, Range
25 East, Collier County, Florida.
OBJECTIVE: To adopt a resolution to vacate the County and the public interest in the Preserve
and Detention Easement located within Tract "A," Airport Road Subdivision, according to Plat
Book 24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in
Section 12, Township 49 South, Range 25 East, Collier County, Florida, more specifically shown
in Exhibit A.
CONSIDERATIONS: Petition VAC- PL20140001704 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from R. Bruce Anderson of
Roetzel & Andress, as agent for the property owners. This request is to vacate the Preserve and
Detention Easement located within Tract "A ", Airport Road Subdivision according to Plat Book
24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in Section 12,
Township 49 South, Range 25 East, Collier County, Florida.
The applicant is currently seeking a vacation of the Conservation Easement over the 0.142± acre
preserve area of Tract "A" of the Airport Road subdivision, for the Walgreens development
footprint.
The Airport Road Subdivision has a 0.829± acre preserve over the entire Tract "E ", and a 0.142±
acre preserve over a portion of Tract "A ". The preserve within Tract "A" is under separate
ownership from the preserve in Tract "E ". The applicant, Walgreens, is looking to fully develop
Tract "A", which includes permanent impacts to the 0.142± acre preserve easement within Tract
«A »
To effectuate the vacation of the preserve easement in Tract A, the applicant must provide off
site native vegetation to replace the existing on -site preserve. The applicant has opted to do
"payment in lieu" of the full 0.142=L acre on -site preserve in Tract "A," in accordance with the
off -site native vegetation retention provisions in Section 3.05.07 H. Lf of LDC.
Letters of no objection from abutting property owners have been received from all who
responded.
Environmental, Utilities, Engineering Services and Transportation have all reviewed and
approved this petition.
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9/23/2014 17. B.
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.
"Prior to SDP approval, the applicant will pay the County approximately $32,332.54 as off -site
"payment in lieu" of the existing on -site 0.142± acre preserve."
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
RECOMMENDATIONS: That the Board of County Commissioners; 1) approves the attached
Resolution relating to Petition VAC- PL20140001704, which will vacate the Preserve and
Detention Easement located within Tract "A," Airport Road Subdivision, according to Plat Book
24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in Section 12,
Township 49 South, Range 25 East, Collier County, Florida, 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 Airport Road Subdivision,
Plat Book 24, Pages 82 through 83 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
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.13.
9/23/2014 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- PL20140001704, to disclaim, renounce and vacate
the Preserve and Detention Easement in Tract "A ", Airport Road Subdivision according to Plat
Book 24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in Section
12, Township 49 South, Range 25 East, Collier County, Florida.
Meeting Date: 9/23/2014
Prepared By
Name: BermanMarcus
Title: County Surveyor, Natural Resources
8/21/2014 9:22:15 AM
Submitted by
Title: County Surveyor, Natural Resources
Name: BermanMarcus
8/21/2014 9:22:16 AM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
Date: 8/30/2014 11:07:25 AM
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
Date: 9/2/2014 3:24:00 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 9/5/2014 10:05:19 AM
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9/23/2014 17.B.
Name: McKennaJack
Title: Manager - Engineering Review Services, Natural Resources
Date: 9/5/2014 2:17:00 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
Date: 9/8/2014 6:27:40 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/9/2014 7:52:52 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/12/2014 2:05:55 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 9/15/2014 10:01:19 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 9/15/2014 10:52:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/15/2014 11:30:23 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/15/2014 2:02:24 PM
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9/23/2014 17.B.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC -
PL20140001704, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN THE PRESERVE AND
DETENTION EASEMENT LOCATED WITHIN TRACT "A," AIRPORT
ROAD SUBDIVISION, ACCORDING TO PLAT BOOK 24, PAGES 82
THROUGH 83 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2013 -166,
Petitioner, R. Bruce Anderson of Roetzel & Andress, as agent for the property owner, submitted
a request to vacate the Preserve and Detention Easement located within Tract "A," Airport Road
Subdivision, according to Plat Book 24, Pages 82 through 83 of the Public Records of Collier
County, Florida, located in Section 12, Township 49 South, Range 25 East, Collier County,
Florida, more specifically shown in Exhibit A; 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 the
Preserve and Detention Easement located within Tract "A," Airport Road Subdivision, according
to Plat Book 24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in
Section 12, Township 49 South, Range 25 East, Collier County, Florida, as specifically depicted
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 and to make proper
notation of this Resolution on the plat of Airport Road Subdivision, recorded in Plat Book 24,
Pages 82 through 83 of the public records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk
[14-EIS-02780/1112841/1] 9 1 of
TOM HENNING, Chairman
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Approved as to form and legality:
9/23/2014 17.B.
of
Scott A. Stone rU 9 /1 V
Assistant County Attorney
Attachments: 1) Location/Site Map
2) Exhibit A
[14-EIS-02780/1112841/1] 9 2 of2
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EXHIBI T "A "
LEGAL DESCRIPTION:
9/23/2014 17.B.
Exhibit A
Page —/of -,.z
THOSE LANDS DEPICTED AND IDENTIFIED AS THE PRESERVE AND DETEN710N EASEMENT LOCATED WITHIN TRACT "A ", AIRPORT ROAD
SUBDIVISION, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGES 82 AND 83, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS-
COMMENCE AT THE NORTHEAST CORNER OF 7RACt E", AIRPORT ROAD SUBDIVISION, AS PER PLAT THEREOF, RECORDED IN SAID
PLAT BOOK 24, PAGES 82 AND 83, THENCE RUN SOUTH 00:37'16" WEST, ALONG THE EAST LINE OF SAID TRACT -E-, A DISTANCE
OF 236.67 FEET TO THE NORTHEAST CORNER OF SAID TRACT 'A" AND THE POINT OF BEGINNING; THENCE RUN SOUTH 0037'16"
WEST, ALONG THE EAST LINE OF SAID TRACT W,, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID PRESERVE AND
DETENTION EASEMENT THENCE ALONG THE SOUTH LINE OF SAID PRESERVE AND DETENTION EASEMENT THE FOLLOWNG FOUR (4)
COURSES AND DISTANCES' 1) THENCE RUN NORTH 6632'01" WEST, A DISTANCE OF 64.84 FEET 2) THENCE RUN NORTH 77-2648"
WEST, A DISTANCE OF 71.56 FEET, 3) ]HENCE RUN NORTH 1633'43" WEST, A DISTANCE OF 23.90 FEET 4) THENCE RUN NORTH
4570'19" WEST, A DISTANCE OF 67.42 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 'E',- THENCE ALONG SAID SOUTH
LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES. 1) THENCE RUN SOUTH 89:3247° EAST, A DISTANCE OF 14.30 FEET; 2)
THENCE RUN SOUTH 4570'19" EAST, A DISTANCE OF 57.20 FEET; 3) THENCE RUN SOUTH 893247" EAST, A DISTANCE OF 70.00
FEET 4) THENCE RUN SOUTH 0037'16" WEST; A DISTANCE OF 10.00 FEET, 5) THENCE RUN SOUTH 893247" EAST, A DISTANCE
OF 60.00 FEET TO THE POINT OF BEGINNING
SAID LANDS CONTAINING 6,199 SQUARE FEET (0.142 ACRES) MORE OR LESS
SURVEY NOTES•
1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE EAST LINE OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 OF
THE SOUTHWEST 114 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST AS BEING SOUTH 00;37'16" WEST, AS SHOWN PLAT
BOOK 24, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMEN75; OWNERSHIP, ADJOINERS OR OTHER
INSTRUMENTS OF RECORD.
3. THIS SKETCH MEETS THE APPLICABLE UNIMUM TECHNICAL STANDARDS" AS SET FORTH BY 7HE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J17.050 —.052, FLORIDA ADMINISTRATIVE CODE.
4. THIS IS NOT A BOUNDARY SURVEY.
08/15/2014
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FESSIONAL SURVEYOR & MAPPER
LICENSE NUMBER 6715
NOT VALID WITHCUT THE SIGYATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
SHEET 1 OF 2
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(SEE SHEET 2 FOR SKETCH OF DESCRIPTION)
ONLY. THIS IS NOT A SURVEY.
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9/23/2014 17.B.
22D )) Wednesday, September 3, 2014 2 N APL E S D A I LY NEWS
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 23, 2014, in the Board of
County Commissioners meeting room, Third Floor, Collier Government Center, 3299
East 7'amiami 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 Resolution is as follows:
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL20140001704, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN ALL THE PRESERVE AND
DETENTION EASEMENT LOCATED • WITHIN TRACT "A," AIRPORT ROAD
SUBDIVISION, ACCORDING TO PLAT BOOK 24, PAGES 82 THROUGH 83 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LOCATED IN SECTION 12,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
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 ver-
batim 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)
Sentemher3 A 10. 2014 No 7014462
r,
Packet Page -3606-
9/23/2014 17.B.
N A P L E S D A I LY N E W S« Wednesday, September 10, 2014 K 23D
NOTICE OF MEETING NOTICE OF MEETING
Notice is hereby given that on Tuesday, September 23, 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 Resolution is as follows:
RESOLUTION NO. 2014%___
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL20140001704, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN ALL THE PRESERVE AND
DETENTION EASEMENT LOCATED WITHIN TRACT W AIRPORT ROAD
SUBDIVISION, ACCORDING TO PLAT BOOK 24, PAGES 82 THROUGH 83 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 12,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
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 rany 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 ver-
batim 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
particnpate 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)
_September 3 & 10. 2014 No 0 446
LM
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