Agenda 02/26/2013 Item #17C2/26/2013 W.C.
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 adopt a
Resolution to hold a public hearing to consider vacating a portion of a 12 -foot wide Drainage &
Utility Easement, being a part of Lots 30 and 31, Block 217 of Golden Gate Unit 6, Plat Book 5,
Pages 124 through 134 of the Public Records of Collier County, Florida. Application No. VAC -
PL20120002673.
OBJECTIVE: Pursuant to Section 177.101, Florida Statutes, and Resolution No. 2006 -160, the
Board of County Commissioners must authorize a public hearing to consider the vacation of all
or a portion of any type of platted easement.
CONSIDERATIONS: The Engineering Services Department has received a request from
Gavin Gillette of Davidson Engineering, Inc., as Agent for the property owner. This request is to
vacate a portion of a 12 -foot wide Drainage & Utility Easement, where the existing building was
constructed in error over said easement. All being a part of Lots 30 and 31, Block 217 of Golden
Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier County,
Florida.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336. 10,
Florida Statute and Resolution No. 2006 -160, and the adjoining property owners will be given
notice as well.
FISCAL IMPACT: The application fee of $2,100.00 covers staff review and processing.
The applicant is also responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, is legally sufficient and requires a majority vote for approval. - ERP
RECOMMENDATION: Recommendation that the Board of County Commissioners
endorse staff's recommendation to schedule a public hearing to consider vacating a portion of
a 12 -foot wide Drainage & Utility Easement, being a part of Lots 30 and 31, Block 217 of
Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier
County, Florida, Application No. VAC- PL20120002673.
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution 2) Plat of Golden Gate Unit 6, pages 124 & 126 only
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
2/26/2013 17.C.
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 adopt a Resolution to hold a public hearing to consider vacating a portion
of a 12 -foot wide Drainage & Utility Easement, being a part of Lots 30 and 31, Block 217 of
Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier County,
Florida. Application No. VAC- PL20120002673.
Meeting Date: 2/26/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
1/31/2013 2:26:48 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
1/31/2013 2:26:50 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
Date: 1/31/2013 2:50:15 PM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 2/4/2013 10:07:33 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/4/2013 12:48:51 PM
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Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 2/6/2013 4:10:38 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 11:25:07 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 2:09:18 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/14/2013 2:30:20 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/15/2013 10:15:46 AM
Name: OchsLeo
Title: County Manager
Date: 2/15/2013 11:52:23 AM
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2/26/2013 W.C.
2/26/2013 17.C.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC -
PL20120002673 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 12 -FOOT
WIDE DRAINAGE AND UTILITY EASEMENT, BEING A PART OF
LOTS 30 AND 31, BLOCK 217 OF GOLDEN GATE UNIT 6, PLAT BOOK
5, PAGES 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY SHOWN IN
EXHIBIT "A ".
WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006 -160,
Petitioner, Gavin Gillette of Davidson Engineering, Inc., as agent for the property owner, has
requested the vacation of the County and the public interest in a portion of a 12 -foot wide
Drainage and Utility Easement, being a part of Lots 30 and 31, Block 217 of Golden Gate Unit 6,
Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida, and being
more specifically described in Exhibit "A "; and
WHEREAS, at its January 22, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013 -17, approved the scheduling of a public hearing on
February 26, 2013, pursuant to Section 177.101, Florida Statutes, and Resolution 2006 -160; 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 and public
interest in a portion of a 12 -foot wide Drainage and Utility Easement, being a part of Lots 30 and
31, Block 217 of Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records
of Collier County, Florida, as specifically depicted in Exhibit "A ", attached hereto, 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 Golden Gate Unit 6, recorded in Plat Book 5, Pages 124
through 134 of the public records of Collier County, Florida.
1 of 2
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2/26/2013 17.C.
This Resolution adopted after motion, second and majority vote favoring same, this 261h
day of February, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal Sufficiency:
h A - L=45.�'
mily R. Pe n
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location -Site Map
CP \12- EIS - 02365 \19
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
2 of 2
GEORGIA A. HILLER, ESQ.
Chairwoman
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2/26/2013 17.C.
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2/26/2013 17.C.
30D )) Wednesday, February 6, 2013. )) NAPLES DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING
-NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, February 26, 2013, in the Board of County
Commissioners Meeting Room, Third Floor, Collier .Government Center, 3299
Tamiami Trail East, Naples, FL the Board of Courity• 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. 13-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, -RELATING TO PETITION VAC- PL20120002673, TO DISCLAIM, RENOUNCE,
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION. OF A 12
FOOT WIDE DRAINAGE & UTILITY EASEMENT, BEING.A PART OF LOTS 30 AND 31,
BLOCK 217 OF GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 THROUGH 134 OF
THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE SPECIFICALLY
SHOWN IN EXHIBIT "A ".
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 appropriate County staff a minimum of seven days
Kilo to the public hearing. All materials used. in ,presentations before the Board
wdl 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 .df 'County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon,
Deputy Clerk (SEAL)
Fehruary (i R 13. 2013 Nn. 1977194
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2/26/2013 17.C.
3i
30D )) Wednesday, February 13, 2013 D NAPLES DAILY NEWS
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, February 26, 2013, 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. 13-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL20120002673, TO DISCLAIM, RENOUNCE,
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 12
FOOT WIDE DRAINAGE & UTILITY EASEMENT, BEING A PART OF LOTS 30 AND 31,
BLOCK 217 OF GOLDEN GATE UNIT 6, PLAT BOOK S. PAGES .124 THROUGH 134 OF
THE PUBLIC RECORDS OF COLLIER" COUNTY, FLORIDA, BEING MORE SPECIFICALLY
SHOWN IN EXHIBIT "A ".
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 appropriate County staff a minimum of seven days
prior to the public hearing. Al • 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
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon.
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