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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 Packet Page -2205- 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 Packet Page -2206- 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 Packet Page -2207- 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 Packet Page -2208- 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 Packet Page -2209- 2/26/2013 17.C. WIC1100 AWSYN301 — 42\ZLOZ J3n8PS 101 \:I _rw Z- =Zc45 's—n uj IN N S ;2 E 8 z ill to J Zp V01 15 Z N z to If 3 wM,zt :3 z ui 0 D L) Q) a. L) 5m in < �Wcc Zit 0 C�N'pc got, tt-;Sz, Gxz 10 = =, 7- If z, -P z 1-1 8 vot zo O. 55 B: w. z F- U) F- 0 LLJ S In c,', M tvI (Djw _Ed P o tj -0 m h Ad z < m o S UZ-M- LL) Lu CD �5 0 ��, 0 ZZ o C, Z.5 to GrO G- 2 t8 w 0 Z 0 OR EA- I UJ Ln 0 Packet Page -2210- Erb 0 Lu Wt w Z. 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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 Packet Page -2214- 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. Packet Page -2215-