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Agenda 06/25/2013 Item #17An EXECUTIVE SUMMARY 6/25/201317.A. 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- PL20130000515, to disclaim, renounce and vacate the County and the public interest in a portion of a 12.5-foot wide Drainage Easement, being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of a 12.5 -foot wide Drainage Easement being a part of Lot 39, Block KK, Quail West. Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Petition VAC- PL20130000515 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Al Quattrone of Quattrone & Associates, Inc., as Agent for the property owner. This vacation request is to vacate a portion of a 12.5 -foot wide Drainage Easement being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, to make room for the proposed residence to be constructed on the lot. A copy of the site plan is attached. Letters of no objection from abutting property owners have been received from all who responded. Certified mail receipts exist for those who elected not to respond. FISCAL IMPACT: Growth Management Division, Planning and -Regulation, Engineering Services 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 UWPACT- There is no growth management plan impact. LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and " requires a majority vote for approval. - ERP RECOMMENDATION: That the Board of County Commissioners; 1) approves the attached Resolution, relating to Petition VAC- PL20130000515, which will vacate the County and the public interest in a portion of a 12.5 -foot wide Drainage Easement being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 Fast, 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 Quail West Phase III, Unit 7, recorded in Plat Book 46, Pages 89 -102 of the public records of Collier County, Florida. Packet Page -1395- 6/25/2013 17.A. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Resolution with Exhibit A, Site Plan, Plat of Quail West Phase III, Unit 7, sheet 11 of 14 only, and Location Map CP\13- EIS - 02420\20 i I Packet Page -1396- /�N n I COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 6/25/2013 17.A. 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- PL20130000515, to disclaim, renounce and vacate the County and the public interest in a portion of a 12.5 -foot wide Drainage Easement, being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A. Meeting Date: 6/25/2013 Prepared By Name: BermanMarcus Title: County Land Surveyor 5/17/2013 1:11:14 PM Submitted by Title: County Land Surveyor Name: BermanMarcus 5/17/2013 1:1.1:16 PM Approved By Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 5/17/2013 5:11:23 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm Date: 5/20/2013 7:15:03 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/20/2013 1:43:46 PM Packet Page -1397- Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 6/3/2013 2:02:18 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/5/2013 4:16:11 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/6/2013 11:17:58 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/7/2013 5:43:42 PM Name: KlatzkowJeff Title: County Attorney Date: 6/12/2013 2:09:45 PM Name: OchsLeo Title: County Manager Date: 6/14/2013 2:54:07 PM Packet Page -1398- 6/25/2013 17.A. 6/25/2013 17.A. RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 12.5-FOOT WIDE DRAINAGE EASEMENT, BEING A PART OF LOT 39, BLOCK W QUAIL WEST PHASE III, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130000515) WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Al Quattrone of Quattrone & Associates, Inc., has requested the vacation of the County and the Public interest in a portion of a 12.5-foot wide Drainage Easement being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit A; and WHEREAS, at its may 14, 2013 regular meeting, the Board of Commissioners, via Resolution No. 2013-103, approved the scheduling of a public hearing on June 25, 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 interest in a portion of a 12.5-foot wide drainage easement being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, as specifically depicted in Exhibit A, attached hereto and incorporated herein by reference, 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 Quail West Phase M, Unit 7, recorded in Plat Book 46, Pages 89-102 of the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the _ day of - 2013 Quail West VAC-PL20130000515 5/17/13 I oft Packet Page -1399- ATTEST: DWIGHT E. BROCK:, CLERK Deputy Clerk Approved as to form and legality: Emily R. Pelin Assistant County Attorney Attachments: 1) Exhibit A 2) Location/Site Map ('P1 i 3- RTF- [1 ?AM\ I A i 6/25/2013 17.A. BOARD OF COUNTY COIvMS'SIONERS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ. Chairwoman Quail West VAC-PL20130000515 2 aft 5/17/13 Packet Page -1400- ILK! V) m lag Li t a "Opt. is it WAN b WAS soft L4 ,a; 4 I R M It 6n .Qs� , r ;e 41,j �j 0 !S 4 . lluvk -r" Tl 0 �Q; z TA7& OsI AvAmm lwwdsv A VA a/VV 71 aW 6/25/2013 17.A. litf'5 . MKOVOW ii tli-i Musba coo- 1 1 i iq 77 QN SUM 'dE ;1A7 ALVOW 13OMSM61 JU WOW Packet Page -1401- ?4 Z atilt dSl cis E." 0 In ;,z 50104014 two: COOK% I CA9L ti. co .4 "mot W 12 I 610i N"! '40 9 Its utt Q kl KA 11 -Cu 11 part QW, yllp QQ NO CO "Q icy 2- 3 D ILK! 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NOTICE OF PUBLIC HEARING Notice is hereby given that on June 25, 2013, 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. 2013- A RESOLUTION OF. THE BOARD OF COUNTY COMMISSIONERS OF COLLIER j COUNTY, FLORIDA TO biscLAIM, RE- NOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A POR- TION OF A 12.5 -FOOT WIDE DRAIN- AGE EASEMENT, BEING A PART OF LOT 39, BLOCK KK, QUAIL WEST PHASE 111, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUB- LIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SEC- TION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETMON VAC- PL20130000s15) 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: AIl . 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 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is L 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. Allh 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 B1 De Packet Page -1405 - June a a 1Z, tV a INC. 1990116 v (D IZ Z) fD 1R CL a C fD L31 N O J W to Z D r M Ln D D_ r Z M Ln 6/25/2013 17.A. 6/25/2013 17.A. 24D a Wednesday, June 12, 2013 N N A P L E S DAILY-NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on June 25, 2013, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Napies 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. 1013%_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLDER COUNTY, FLORIDA TO DISCLAIM, RE- NOUNCE AND VACATE -THE COUNTY AND THE PUBLIC INTEREST IN A POR- TION OF A 12.5 -FOOT WIDE DRAIN- AGE EASEMENT, BEING A PART OF LOT 39, BLOCK KK, QUAIL WEST PHASE 111, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUB- LIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SEC- TION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20130000515) A coy of the proposed Resolution is on fi a with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All ppersons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. - IndividualF speakers will be limited to 5 minutes'on any hem. 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. i Persons wishing to have written or graphic materials included . in the Board agenda packets . must submit said material a minimum of 3 weeks Frior to the respective public hearing. n 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 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 - 6380, 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: Martha Vergara Deputy Clerk (SEAL) June 5 & 12, 2013 No. 1990116 Packet Page -1406-