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Agenda 04/24/2012 Item #17A4/24/2012 Item 17.A. EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in Official Record Book 182, page 230, Official Record Book 182, page 232, Official Record Book 1012, page 1178, Official Record Book 1431, page 535, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". CONSIDERATIONS: Petition VAC- PL20120000308 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Robert Stiegele, as owner /petitioner of Centerline Homes Enterprises Three, LLC. This vacation request is intended to vacate a part of the 30 -foot wide Public Road right -of -way Easement not being used at this time and not intended to be used in the future. 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 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 IMPACT: There is no growth management impact associated with this vacation. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. Packet Page -1291- 4/24/2012 Item W.A. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for legal sufficiency. This item is ready for Board consideration and approval. A majority vote is required for approval. -STW RECOMMENDATIONS: To adopt a Resolution for Petition VAC- PL20120000308 to vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in Official Record Book 182, page 230, Official Record Book 182, page 232, Official Record Book 1012, page 1178, Official Record Book 1431, page 535, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor Land Development Services, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) Exhibit "A" 3) Resolution Packet Page -1292- COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 4/24/2012 Item W.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- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". Meeting Date: 4/24/2012 Prepared By Name: BermanMarcus Title: VALUE MISSING 3/15/2012 2:32:47 PM Submitted by Title: VALUE MISSING Name: BermanMarcus 3/15/2012 2:32:49 PM Approved By Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 3/22/2012 4:22:42 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/23/2012 11:33:50 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 3/23/2012 4:10:24 PM Packet Page -1293- Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/26/2012 11:01:08 AM 4/24/2012 Item 17.A. Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/29/2012 2:39:40 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 4/11/2012 8:55:35 AM Name: KlatzkowJeff Title: County Attorney Date: 4/12/2012 9:08:45 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/13/2012 11:57:45 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/13/2012 2:02:18 PM Packet Page -1294- 371= OL ION / 7 WNW AL Q W Cn LL 5Q z 0 U 0 J 0 0 0 0 0 0 N O N J a N N O N (D 3 V u N n ° �^ 6n UZ O 0� O a: O O IL J d H W = p4 a 9 JSp OWABIOOB 3 Moo 198'X'0 MVJ 33ML Ki p M n <� 6 g� �z �� • � s „fin maws $ ®8 N�' ElB OXVAiYl08 NMJOI Q W Cn LL 5Q z 0 U 0 J 0 0 0 0 0 0 N O N J a N N O N (D 3 V u U -Irv;:ip :uyu ivty rrZ i CUAMI%ai 1.� UlMV i Zi"Z /-.? / I '880338 30 SNOILO181S38 ONV S1N3W3SV3 01 103f 8nS 'ss3l 80 38011 'S3213V 6b' l a0 133d 38vnt)s SZ6'*9 ONINIV.LN00 !038MOS30 N1383H I338Vd 3Hi 30 ONINN10313 3O 1NIOd 3H1 Ol '1333 £6 "9Z 2103 M. 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RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120000308, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN PART OF THE 30 -FOOT WIDE PUBLIC ROAD RIGHT -OF -WAY EASEMENT AS ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A ". WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Petitioner, Robert Stiegele, as owner /petitioner of Centerline Homes Enterprises Three, LLC., has requested the vacation of the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in Official Record Book 182, page 230, Official Record Book 182, page 232, Official Record Book 1012, page 1178, Official Record Book 1431, page 535, of the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". WHEREAS, the Board has this day held a public hearing to consider petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in part of the 30 -foot wide Public Road right -of -way Easement as specifically depicted in Exhibit `A' 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. 4/24/2012 Item 17.A. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2012. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK go Approved as to form and legal Sufficiency: By: Steven T. Williams — S�o✓ //�y Assistant Collier County Attorney FRED W. COYLE, CHAIRMAN 4/24/2012 Item 17.A. NAPLES DAILY NEWS a..Wednesday, April 4, 2012 c 25D NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTIONS Notice is- hereby .given that on :April .24, 2012, 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 enactment of two County Resolutions. The ' meeting will commence at 9:00 A.M. The titles of the proposed Resolutions areas follows: RESOLUTION NO. 12 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OV COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120000308, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN PART OF THE 30 -FOOT WIDE PUBLIC ROAD' RIGHT -OF -WAY -EASEMENT AS ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, • FLORIDA, LOCATED IN. SECTION 26, TOWNSHIP 48 SOUTH,' RANGE 26 EAST,' COLLIER COUNTY FLORIDA BEING I MORE SPECIFICALLY SHOWN IN EXHIBIT "A'. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120000308, TO. DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO CONSERVATION EASEMENTS . AS ORIGINALLY .RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 126, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN, IN EXHIBIT Copies of the proposed Resolutions are on file with the Clerk to the Board and are 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 re ctive .public hearing. In' any case, written materials Intended to .be considered 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 partidpate 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 Trall,East, Suite 101, Naples,.FL 34112 -5356, (239) 252 -8360, 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 FRED W..COYLE, CHAIRMAN . DWIGHT E: BROOK CLERK i By: Ann Jennejohn Deputy Clerk (SEAL) April 4 & 11. 2012 No. 1943282 fib Packet Page -1300- M 4/24/2012 Item 17.A. 240 » Wednesday, April 11, 2012 ) N A P L E S DA i LY NEWS NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTIONS Notice is hereby given that on April 24, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (8CC) will consider enactment of two County Resolutions. The meeting Will. commence at 9:00. A.M. The titles of the proposed Resolutions areas follows: RESOLUTION NO. 12 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120000308, TO DISCLAIM,' RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN PART OF THE 30 -FOOT WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENT AS ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER :COUNTY. FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A ". RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2 0 1 20 0003 08, TO .DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO CONSERVATION EASEMENTS AS ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 . SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT Copies of the proposed Resolutions are on file with the. Clerk to the Board and are 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 resppeective 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. 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 -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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jenne)ohn Deputy Clerk (SEAL) Andl 4 & 11. 2017 Nn 194179-7 Packet Page -1301-