Agenda 04/24/2018 Item #17C04/24/2018
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-PL20170001644 to disclaim, renounce and vacate the County and the public interest
in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier
County, Florida. The subject property is located on the east side of County Barn Road,
approximately one-quarter mile south of Davis Boulevard in Section 8, Township 50 South, Range
26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the roadway
easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida, located
in Section 8, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown
in Exhibit A.
CONSIDERATIONS: The Development Review Division has received a request from D. Brent
Addison, P.E., of Q. Grady Minor and Associates, P.A., as agent for the applicant and property owner,
County Barn Investors, LLC. This request is to vacate the roadway easement described in OR Book 2355,
Page 2715.
At its March 27, 2018 regular meeting, the Board, via Resolution 2018-55, approved the scheduling of
this public hearing.
The 12-foot wide roadway easement was conveyed from the Florida Department of Transportation to the
County via Quitclaim Deed on October 16, 1997. The easement extends in an east -west direction across
the entire width of the subject property. The roadway easement was conveyed to the County for the
purpose of accessing a burrow pit at the eastern end of the easement, which the State had previously
excavated. The County intended to utilize the pit as fill for the widening of County Barn Road. However,
the County no longer requires the roadway easement to access the pit because fill for the widening of
County Barn Road was obtained from other sources. County Barn Investors, LLC, reque sts the vacation
so that they will be able to develop their property as one united residential community.
Letters of No Objection were received from FPL, Comcast, CenturyLink, Sheriff’s Department, the
Greater Naples Fire Rescue District and Unity of Naples, Inc.
Staff has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Staff has collected a $2,000 “Petition to Vacate” fee from the petitioner which
covers the County’s cost of recording and processing.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of the County and the public
interest in the roadway easement described in OR Book 2355, Page 2715 of the Public Records of Collier
County, Florida, located in Section 8, Township 50 South, Range 26 East, Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with
respect to property under their control, upon petition of any person or persons, may adopt a resolution to
vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or
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other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce
and disclaim any right of the County and the public in and to any land in connection therewith, when the
following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The request does not invade or violate individual property rights.
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be
vacated, OR a statement from the Petitioner demonstrating the reason for the request incl uding
any property or financial interest or projects affected by a granting of such request.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20170001644,
which will vacate the County and the public interest in the roadway easement described in OR Book
2355, Page 2715 of the Public Records of Collier County, Florida, located in Section 8, Township 50
South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A; and to direct
the Clerk of Courts to record a certified copy of the Resolution in the Public Records of Collier County,
Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution - 032218 (PDF)
3. Letters of No Objection Public Entities (PDF)
4. OR Book 2355, page 2715 (PDF)
5. signed Unity of Naples easement agreement April 1 2018 (PDF)
6. Marquesa Deed from Alice Keller (PDF)
7. Marquesa Deed from JAXE, LLC (PDF)
8. legal ad - Agenda ID # 5145 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 5145
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-PL20170001644 to disclaim, renounce and vacate the County and the public
interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier
County, Florida. The subject property is located on the east side of County Barn Road, approximately
one-quarter mile south of Davis Boulevard in Section 8, Township 50 South, Range 26 East, Collier
County, Florida.
Meeting Date: 04/24/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
03/15/2018 3:12 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/15/2018 3:12 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/16/2018 8:32 AM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/27/2018 5:10 AM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 03/27/2018 3:57 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/28/2018 8:24 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/28/2018 8:57 AM
Growth Management Department James French Deputy Department Head Review Completed 03/30/2018 6:04 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/03/2018 11:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 7:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/06/2018 8:40 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/06/2018 2:57 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 1 of 5
APPLICATION FOR VACATING
Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code
AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________
AVPLAT- Vacation of Plats or portions of plats of subdivided land
Plat Book: ______________________________ Page(s): _______________________________
AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the
public records (other than on a subdivision plat), platted or unplatted land, except for public roads.
Official Record Book: ___________________________ Page(s): _________________________
PETITION NO (PL)
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Property Owner: ___________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
Name of Agent: ____________________________________________________________________________
Firm: _____________________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
For Staff Use
X
Agreement dated 3/2/2010
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Packet Pg. 1435 Attachment: Application (5145 : VAC-Marquesa Isles of Naples)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 2 of 5
PROPERTY INFORMATION
Proposed private residential development renders a County roadway easement unnecessary.
Reason for Request: _________________________________________________________________________
Address of Subject Property: __________________________________________________________________
Legal Description: ___________________________________________________________________________
Section: _______ Township: _______ Range: _______
Current Zoning: __________________________ Will this affect density? ______________________________
NOTE:
1) If applicant is a land trust, indicate the name of beneficiaries. Alice A. Keller.
2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major
stockholders.
3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the
principals.
4) List all other owners.
17.C.1
Packet Pg. 1436 Attachment: Application (5145 : VAC-Marquesa Isles of Naples)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 3 of 5
SUBMITTAL REQUIREMENTS CHECKLIST
This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
For further explanation regarding the requirements for the Vacating Application, and the below checklist,
refer to Resolution 2013-166.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Addressing Checklist signed by Addressing Department 1
CD of complete application and all submittal documents in PDF format 1
Fee Simple Deed 1
Statement explaining the general public benefit received from the proposed vacation 1
Certificate showing all State and County taxes have been paid for subject parcel 1
Assessment map depicting area of proposed vacation 1
List of abutting and other property owners within 250 feet of the proposed vacation including their
address, and parcel number 1
Site Plan on 8 ½ in. x 11 in. paper 1
Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled
(in bold: “Exhibit A”) 3
Signed and sealed sketch of the legal description 3
Copy of the recorded subdivision plat, if applicable 1
Letter Authorizing representation, if the applicant isn’t the owner 1
Affidavit of Authorization, signed and sealed 1
Replacement easement documentations, if applicable 3
If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or
ownership & encumbrance report by a title company 1
A copy of document that granted, conveyed or dedicated the easement to the County or public, for
Vacation of Easement only
1
Copy of document which granted, conveyed or dedicated the right -of-way to the county or public,
for Vacation of Right-of-Way only 1
Letters of No Objection, from each of the following, as applicable: (addresses may not be current)
Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL
34102. (239) 262-1322
Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105.
(239) 263-6234
Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL
34112. (239)774-4434.
Golden Gate and East Naples Fire Control and Rescue: ATTN: Kingman Schuldt, 14575 Collier Blvd.
Naples, FL 34119. (239) 348-7540
North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109.
(239) 597-9227
Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990.
(239) 574-2020
Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL
33913. (239) 432-1805.
Adjacent Property Owners
Homeowners Association
1
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Packet Pg. 1437 Attachment: Application (5145 : VAC-Marquesa Isles of Naples)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 2/8/2017 Page 4 of 5
FEE REQUIREMENTS
Application Fee: $2,000.00
Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the
time of submittal)
o AVROW: $700.00
o AVPLAT: $1000.00
o AVESMT: $1000.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department/Development Review Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant/Agent Signature Date
x
x
x
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Packet Pg. 1438 Attachment: Application (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1439 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1440 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1441 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1442 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1443 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1444Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1445Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1446Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1447Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1448 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1449 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1450 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1451Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1452Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1453Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1454 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1455Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
17.C.3Packet Pg. 1456Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1457 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1458 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1459 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1460 Attachment: signed Unity of Naples easement agreement April 1 2018 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1461 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1462 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1463 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1464 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1465 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1466 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1467 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1468 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1469 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1470 Attachment: legal ad - Agenda ID # 5145 (5145 : VAC-Marquesa Isles of Naples)
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Packet Pg. 1471 Attachment: legal ad - Agenda ID # 5145 (5145 : VAC-Marquesa Isles of Naples)