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Agenda 05/28/2013 Item #16A4 5/28/2013 16.A.4. 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 the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida, also being a part of Section 19, Township 50 South,Range 26 East, Collier County, Florida. Part of the Sabal Bay PUD.Application No.VAC-PL20130000413. OBJECTIVE: Pursuant to Sections 125.01 and 125.37, Florida Statutes and Resolution 2006- 160, the Board of County Commissioners must authorize a public hearing to consider the vacation of a portion of any public easement. CONSIDERATIONS: The Engineering Services Department has received a request from John English of Peninsula Engineering, as Agent for the property owner. This request is to vacate a portion of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida, also being a part of Section 19, Township 50 South, Range 26 East, Collier County,Florida. Upon the vacation of the canal easement a seawall will be erected to allow for the widening of the canal, improve the views for the patrons of the property and will be replaced with an Access and Maintenance Easement which will allow access to the proposed seawall and dock facility for maintenance purposes as shown on the attached site plan. A copy of the Dedication and Conveyance of easement for access and maintenance is attached. The hearing will be advertised in a local paper of general circulation pursuant to Resolution 2006-160, and.the adjoining property owners will be given notice as well. The proposed dedication and conveyance of easement for access and maintenance will be approved for recording at the public hearing. 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 approved as to form and legality, and requires majority vote for approval. -ERP RECOMMENDATION: Recommendation that the Board of County Commissioners endorses staff's recommendation to schedule a public hearing to consider vacating a portion of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida, also being a part of Section 19, Township 50 South,Range 26 East, Collier County,Florida. Application No. VAC-PL20130000413. Packet Page-407- 5/28/2013 16.A.4. Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services Department, Growth Management Division, Planning and Regulation Attachments: 1)Resolution, 2)Dedication and Conveyance of Easement for Access and Maintenance, 3) Site Plan showing proposed Access Road and Seawall CAO 13-EIS-02439/11 Packet Page-408- 5/28/2013 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. 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 the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida, also being a part of Section 19,Township 50 South, Range 26 East, Collier County, Florida. Part of the Sabal Bay PUD. Application No.VAC-PL20130000413. Meeting Date: 5/28/2013 Prepared By Name: BermanMarcus Title: County Land Surveyor 5/2/2013 8:41:30 AM Submitted by Title: County Land Surveyor Name: BermanMarcus 5/2/2013 8:41:32 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm Date: 5/6/2013 8:22:17 AM Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 5/6/2013 4:21:34 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 5/7/2013 3:16:40 PM Packet Page-409- 5/28/2013 16.A.4. Name: KurtzGerald Title:Project Manager,Principal,Transportation Engineer Date: 5/8/2013 5:36:10 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 5/15/2013 10:04:26 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/15/2013 2:15:25 PM Name: KlatzkowJeff Title: County Attorney Date: 5/16/2013 3:17:01 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/17/2013 9:36:54 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/19/2013 10:17:50 AM Packet Page-410- 5/28/2013 16.A.4. RESOLUTION NO. 2013 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING FOR CONSIDERATION OF PETITION VAC- PL20130000413, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE DRAINAGE CANAL EASEMENT RECORDED IN OFFICIAL RECORD BOOK 4385, PAGE 3675 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING A-PART OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT"A". WHEREAS, Petitioner, John English of Peninsula Engineering, as Agent for the property owner, has requested that a public hearing be held pursuant to Sections 125.01 and 125.37, Florida Statutes, and Resolution 2006-160 to consider disclaiming, renouncing and vacating the County and Public interest in a portion of the Drainage Canal Easement recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, also being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, more specifically described in Exhibit"A"attached hereto; and WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described Easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Section 125.01 and 125.37, Florida Statutes, and Resolution 2006-160, in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described Easement will be held on the 9th day of July, 2013 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East,Naples, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 28th day of May, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman Packet Page -411- 5/28/2013 16.A.4. Approved as to form and legal sufficiency: mily R. ':pin Assistant County Attorney 13-EIS-02434/12 Packet Page -412- 5/28/2013 16.A.4. a "A ,E X — BIT .,2, CD 2 * °� ,° t W 8 )_* /691 1 I V ZElpw ,_ 6W � VO�n�f O I-2 WZ y/ OR�E_ Z g G $:g / x N lil IO�j Z ''1 CTr Mf�Nt� UV w ZG ~ wV °-° ONIANODO ,Q F�� 2 `pd~ 3Z} W J m yNNZNZZ V NCO 1g vy�J (��y - € rjj W a .a o �� 8362 Zc'ig i 411 J-JJJJJJ 4 Z 8,,,c J Zjl00 a.<N m PW%4 y y.Nwc�W 5j Z KZ2 V + �w )‹ vIRR2O-w l h iE cog LL nQ0 1 A 14< * i Z eW 11tim;1< — -- g62 �33pm000wW � O S w m„sagvc-ddzoN 6 _-- --- 1 N. CANALEME M.4: V. / 3 0 a. 385E r 3675 n 4,y j cip 77.34 Gt N .31'143 °"�'_= !JI v Z w co 1.y N O PC in 41) CI- cc O � Z x "— ":i W 0zz�"- a H = < F b U w a ° L>J vc^ x Z N f- � �N o w °g 0 s V)a V NN. r n O_1 = vi i' g Lu , at . N I 2 F- to h 4 . 0- 1- a a rn 0J 1 V .4"nel 2 ft: i Zc�w Q 1 ,- L)2 0 „gym MrY Y j >..¢0 •CC m o Uw J af._ 0 v. o i8-t8 39Vd '8£ )1008 .LYld :2\ a m g o 3N15 3SVHd-lYld N101a3V0100 AVS TANS w " . N h V i O m i (1Vga3111Y03) �\ a■ Packet Page-413- 5/28/2013 16.A.4. Stantec EXHIBIT "A" Legal Description of part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (Easement) Commencing at the Easteriymost Corner of Tract"H"according to the plat of Saba! Bay Commercial Plat-Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of Collier County, Florida and also being a point of the southwesterly Right of Way of State Road No. 90(US 41). Thence along said Right of Way South 39°03'59"East 748.70 feet to a point on a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public Records of Collier County, Florida and the Point of Beginning; Thence continue along said Right of Way and along said Drainage Easement South 39°03'59" East 42.00 feet; Thence leaving said easement South 66°29'47"West 45.18 feet; Thence South 41°05'31"West 377.34 feet; Thence South 38°13'12"West 44.53 feet; Thence South 07°54'34"West 115.97 feet; Thence North 64°23'27"West 24.01 feet; Thence South 26°07'40"West 116.58 feet; Thence North 39°02'44"West 44.07 feet to a point of said Drainage Easement for the following three(3) courses; 1)North 26°07'40"East 137.30 feet; 2) 121.70 feet along the arc of a circular curve concave southeast having a radius of 465.97 feet through a central angle of 14°57'51"and being subtended by a chord which bears North 33°36'36" East 121.35 feet; 3) North 41°05'31" East 425.38 feet to the POINT OF BEGINNING. Containing 0.46 acres or 20,031 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida State Plane-East Zone 83-90 Adjustment. Stantec Consulting Services Inc Registered Engineers and Land Surveyors Certificate of Authorization#LB-7866 By: 1/15/13 Lance T Miller, Professional Surveyor and Mapper#LS5627 Date Not Valid unless embossed with the Professional's Seal REF: 2D-142 Rev 2-1-2013, Rev 4-25-13 Packet Page-414- 5/28/2013 16.A.4. O h N 1 ,,,s- ‘,. r.... b @ CD a N S� �\N. W w \ N# Q f// \ �• \� J `\\ �/i V 1 N 1 \\\ I a 1 / / t \ \ / I A // c n \ 'O >\/' �i \\ \\ d a / ,c / m seu in . / 41,1 \ \` / !'Y v \ / ji! i NO11ON i+g, N E-T> K n.O 0 / it U OVO NB A1N IflIIJI O f1OO W MI .mallill SAL.--13 '6 P e > rt I LAgilL`,.., i 0 a, LU • 4"11%‘'<..111111i I-.•Z 0 ? U c aM w�. VI r v li if < "El A ^CC0 N 111/A1 I! 7 C E _ . � :?III yy �- i ii - 3nIdO 3UGHSAY$ U y SS LI y v C CO a c C C re CL_ Packet Page-415- 5/28/2013 16 A 4 i —................. , oc, •tis EXISTING U.S.41 __. _ —— -- 1, - - - - k --,-_, ________ ...„._----, k 4- - _,-__ , ___ .s. 1 ( ______ - 4, \ k - - - - - ‘ - EXIST7LELY CANAL Lii - - - BRIDGE - - 10;10 '--\ '' ''•:,... i--15'C.U.E. i 7 - • • (7 „ „ ..-. - - . ..__ _ 1 1 20'TYPE"D"i \ \6\ U - . — — — ,, \ rI-- L.B.E.(TYP.) I -- :, ., _. , \ 50'SETBACK ,. .„., -FRONT(TYP.) ., ,..,, ,''',PROPOSED-SEAWALL FUTURE \ g' I DEVELOPMENT V i. \ .... ,,. ' ''W ', I .r 1 (TRACT"M") 2, 1 15'TYPE"B" - PROkaSttrE*PANSION OF \ .•=; 1 / L.B.E.(TYP.) '- ,,,, EXIST-I NG-LELYt CANAL \ 47 A.E./D.E./ 1 P.U.E./C.U.E. ( '.._^,_,-,_.,-'-'...,.--...,- SABAL ElAY PHASE 1 .-=. I .-:---- . — — — DEVELOPMENT t. 1 [ 10 SETBACK FRONT(TYP.) ...-- 10'TYPE"D" ..- L.B.E.(TYP.) 7 1 • 1 FUTURE ''•n i I ' i DEVELOPMENT ,..,.—....— .,... a 1 — (TRACT"N") \ '. dNI.E.TOR-SEAWALL MAINTENANCE. .1: • -- _, _----i,*"./1. , '• •-'' --------------THIS AREA-TO-BE-VACATED FROM EX. -----___-_-' -• .,,,/.■ ,,Iriv.--"-_,,,, ,LELY CANAL-D.E.,_AND PROPOBED il • WE.TO BE RECORDED ''' ',' ' RDED IN ITS PLACE. -' ', , .„ __ \\ \ PROPOSED INTERNAL ROADWAY , ' \ -....,.._,.„..,62----\ ....\`' , / \ , _ ... FUTURE ' ' DEVELOPMENT \ a , PUD ING 235 , / __ i , / TRACT LINE ____------ '-- , ‘,. P.U.E. / / -4- \ / 5.SETBACK TYPE"A'73— J. - t i / SIDE(TYP.) L.B.E.(TYP.) ----\ „-. Ii i 141'A.E./D.E. ACCESS ROAD PROPOSED . ,, , . ' - EXIST.LELY P.U.E./C.U.E. . \ , \ CANAL \ FUTURE [ 10'TYPE'0" DEVELOPMENT ,„ 8— — .. _ _ . .. . L.B.E.(TYP.) (TRACT"P") . 1, 15 SETBACK - '1/4 REAR(TYP.) '' ' ,''-'`''C.• ': -.- ---- • r• 20'P.U.E. — EXISTING , . ,,, , , • ■ -41'A.E./D.E./L.B.E. T--- ! ; H 1 ,.... ,,.... .., ..... ..... ...., \...w ...1 ` \--PROPERTY BOUNDARY SABAL BAY PHASE 1 \ .E.-° (TYP.) DEVELOPMENT I A REVISED A.E./M.E.PER OWNER AND COUNTY COMMENTS.\ ';--.---- --'-'''''--`-'" s OWNER/CLIENT/CONSULTANT- PROJECT. TITLE SEC:19 TWP.50S ROE:26E PENINSULA44 SABAL BAY Designed by. DEVI • ENGINEERING' COLLIER LAND COMMERCIAL SITE PLAN Drawn by Date: CJ FEB 2013 i.: 2600 Golden Gate Parkway DEVELOPMENT, EASEMENT Drawmg Scale :,:-, Naps,Florida 34105 PLAT - PHASE Project Number P-CEMI-002-001 . Phone.239.403.6700 Fax:239.261.1797 INC. VACATION Fie NurntRfCEMI-002-001-XO8A rev01 -,-; Email:info@pen-eng com rni I P Website:www.pen.eng.com 7 Florida Certificate of Authonzation#26275 Packet Page-416- Sheet Number 1 of 1 5/28/2013 16.A.4. Prepared by/Retum to: Michael E.Botos Cozen O'Connor One North Clematis Street,Suite 510 West Palm Beach,FL 33401 DEDICATION AND CONVEYANCE OF EASEMENT FOR ACCESS AND MAINTENANCE THIS DEDICATION AND CONVEYANCE OF EASEMENT FOR ACCESS AND MAINTENANCE ("Easement") is entered into as of the day of , 2013, by and between MINTO SABAL BAY, LLC, a Florida limited liability company ("Grantor"), whose address is 10150 Highland Manor Drive, Suite 200, Tampa, Florida 33610, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (the"Grantee"),whose address is 3301 Tamiami Trail East,Naples, Florida 34112. WHEREAS, Grantee was granted a drainage easement pursuant to the Dedication and Conveyance of Drainage Easement and Release of Original Easement recorded August 12, 2008 in Official Record Book 4385, Page 3675 of the Public Records of Collier County, Florida (the "Canal Easement"); and WHEREAS, Grantee, by Resolution No. - , vacated that portion of the Canal Easement described in Exhibit A attached hereto (the "Vacation"); and WHEREAS, as a condition of the Vacation, Grantor is required to grant and convey to Grantee an access and maintenance easement (the "Access and Maintenance Easement") over and across the property described in the attached Exhibit A (the "Easement Area") on the terms set forth herein. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), as well as other good and valuable considerations, receipt and sufficiency of which are hereby acknowledged by Grantor,the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Grantor hereby dedicates, grants and conveys to Grantee a perpetual, non-exclusive easement, license and privilege to enter upon the property described in the attached Exhibit A for the purpose of performing maintenance on the adjoining Canal Easement. LEGAL\15583184\7 Packet Page-417- 5/28/2013 16.A.4. 3. Grantee shall have no liability for damage to improvements located within the Easement Area arising by virtue of Grantee's exercise of its access rights pursuant to this Easement. Grantee needs a continuous area of 20 feet in width for maintenance equipment. 4. Grantor specifically reserves the right to full use and enjoyment of the area within the Access and Maintenance Easement for all uses and purposes not inconsistent with the right conveyed to Grantee pursuant to this Easement, including, but not limited to, Grantor's right to secure the area within the Access and Maintenance Easement from access by the general public by any lawful means as Grantor may deem necessary or desirable, including, but not limited to, the construction of security fencing and gates. However, Grantee shall have unlimited right to the Access and Maintenance Easement at all times. 5. Nothing contained herein shall be construed as creating an easement or any other right in favor of the general public in and to the area within the Access and Maintenance Easement or for any recreational use of the area within the Access and Maintenance Easement. 6. Nothing in this Easement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of a limited or general partnership or of joint ventures or of any other association between the parties hereto. 7. Nothing in this Easement shall be construed as creating an obligation on the part of the County to perform any maintenance on the adjoining Canal Easement, except for that which the County may voluntarily decide to perform. 8. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall inure to the benefit of the respective parties and their and assigns. 9. This Easement shall be recorded in the public records of Collier County, Florida at Grantor's cost. 10. The laws of the State of Florida shall govern the interpretation of the validity, performance and enforcement of this Easement. [remainder of page intentionally left blank] [signatures and acknowledgments on following page] 2 LEGAL\15583184\7 Packet Page-418- 5/28/2013 16.A.4. IN WITNESS WHEREOF, Grantor has caused this Easement to be executed this day of , 2013. MINTO SABAL BAY, LLC, a Florida limited liability company By: Print Name: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by as the of Minto Sabal Bay, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. Notary Public Print Name: Commission No. My Commission Expires: [GRANTEE'S SIGNATURE ON FOLLOWING PAGE] 3 LEGAL\15583184\7 Packet Page-419- 5/28/2013 16.A.4. IN WITNESS WHEREOF, Grantee has caused this Easement to be executed this day of , 2013. COLLIER COUNTY FLORIDA, a political Attest: subdivision of the State of Florida By: Approved as to form and legal sufficiency: Print Name: Georgia A. Hiller, Esq. Title: Chairwoman Print Name: Emily R. Pepin Assistant County Attorney 4 LEGAL\15583184\7 Packet Page-420- 5/28/2013 16.A.4. EXHIBIT A Stantec Legal Description of part of Section 19, Township 50 South,Range 26 East,Collier County, Florida (Easement) Commencing at the Easterlymost Corner of Tract"H"according to the plat of Saba!Bay Commercial Plat-Phase One,as recorded in Plat Book 38,Pages 81-84,Public Records of Collier County,Florida and also being a point of the southwesterly Right of Way of State Road No.90(US 41). Thence along said Right of Way South 39°03'59"East 748.70 feet to a point on a Drainage Easement as recorded in Official Records Book 4385,Page 3675 of the Public Records of Collier County,Florida and the Point of Beginning; Thence continue along said Right of Way and along said Drainage Easement South 39°03'59"East 42.00 feet; Thence leaving said easement South 66°29'47"West 45.18 feet; Thence South 41°05'31"West 377.34 feet; Thence South 38°13'12"West 44.53 feet; Thence South 07°54'34"West 115.97 feet; Thence North 64°23'27"West 24.01 feet; Thence South 26°07'40"West 116.58 feet; Thence North 39°02'44"West 44.07 feet to a point of said Drainage Easement for the following three(3)courses; 1)North 26°07'40"East 137.30 feet; 2)121.70 feet along the arc of a circular curve concave southeast having a radius of 465.97 feet through a central angle of 14°57'51"and being subtended by a chord which bears North 33°36'36"East 121.35 feet; 3)North 41°05'31"East 425.38 feet to the POINT OF BEGINNING. Containing 0.46 acres or 20,031 square feet,more or less. Subject to easements and restrictions of record. Bearings are based on the said Right of Way of US 41 being South 39°03'59"East,Florida State Plane-East Zone 83-90 Adjustment. Stantec Consulting Services Inc Registered Engineers and Land Surveyors Certificate of Authorization#LB-7866 By: --' 1/15/13 Lance T Miller,Professional Surveyor and Mapper#LS5627 Date Not Valid unless embossed with the Professional's Seal REF:2D-142 Rev 2-1-2013,Rev 4-25-13 5 LEGAL\15583184\7 Packet Page-421- 5/28/2013 16.A.4. N w 8 EX H I BIT "A" ?zoo Fi a * m 4 M -O%,, W * 1= w °o >- h° 0 '< w' iomr-m,-'o?O a'oro i m "7E" E° < NNa. N4 f w 1 8 I> �' — o `w Z . gII U n 1 0 W ' ' D K O z° - z"Di4 z V..13 o 2:Z.4 n o 4 0 o z / a °s n W. 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