Agenda 06/12/2018 Item #16A2206/12/2018
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL20180000889, to quitclaim and release the County’s
interest in the 10-foot utility easement located 5-foot on each side of the common lot line between
Lots 5 and 6, Block 1 of Naples Manor Unit No. 1, recorded in Plat Book 3, page 57 of the public
records of Collier County, Florida, located on the north side of Tamiami Trail East, approximately
one half mile east of St. Andrews Boulevard, in Section 29, Township 50 South, Range 26 East,
Collier County, Florida.
OBJECTIVE: To quitclaim and release the County’s interest in the 10-foot utility easement located 5-
foot on each side of the common lot line between Lots 5 and 6, Block 1 of Naples Manor Unit No. 1,
recorded in Plat Book 3, page 57 of the public records of Collier County, Florida, located In Section 29,
Township 50 South, Range 26 East, Collier County, Florida.
CONSIDERATIONS: Petition VAC-PL20180000889 has been received by the Development Review
Division, Growth Management Department from Michael J. Delate, P.E. of Q. Grady Minor &
Associates, P.A., as agent for the Petitioner, Naples Manor Land Trust, to request the County quitclaim
and release its interest in the 10-foot utility easement located 5-foot on each side of the common lot line
between Lots 5 and 6, Block 1 of Naples Manor Unit No. 1, recorded in Plat Book 3, page 57 of the
public records of Collier County, Florida. According to the Property Appraiser’s website, the Petitioner,
Naples Manor Land Trust is fee simple owner of Lots 5 and 6, wherein this easement is located.
The 10-foot wide easement is depicted on the plat, but there is no label explaining the type of easement.
However, it is believed that this was intended to be a utility easement, as similarly situated easements on
the plat are labeled “utility easement,” and the subject easement connects to an FPL easement that runs
perpendicular to this easement along the rear of both lots. A utility easement is a type of easement that is
typically intended for use by utility companies such as electric, telephone or gas utilities, and not for use
by the County. Moreover, according to staff, there are no County facilities within the easement, the
easement has never been used or maintained by the County, and the County does not have any need or
use of this easement in the future.
According to the plat dedication language, only the platted streets were expressly dedicated to the use of
the public. Because the subject easement was not dedicated to the County, and because the County h as no
use or need of this easement, then the County does not acknowledgement having any interest in the
subject easement. However, the Petitioner has requested that the County quitclaim its interest in the
subject easement in order to create a clean title for ownership transfer by removing encumbrances that are
affecting the property. A quitclaim deed conveys whatever title or interest a grantor has in the described
real estate. The instrument operates as a release of the grantor’s title or interest in the property. A
quitclaim deed contains no covenants of title or warranty, and it does not purport to convey any particular
type of estate. The form’s main use is to clear possible clouds on the property’s title. Further, this
quitclaim deed will only act to release the County’s interest in this easement. Any additional private rights
created or affected by third parties over this utility easement must be separately terminated.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Department, Development Review Division staff has
collected a $2,000 “Petition to Vacate/Quitclaim” fee from the petitioner which covers the County’s cost
of recording and processing the Petition.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval ---SAS
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
RECOMMENDATION: To approve the attached Quitclaim Deed, relating to Petition VAC-
PL20180000889, which will quitclaim and release the County’s interest in the 10-foot utility easement
located 5-foot on each side of the common lot line between Lots 5 and 6, Block 1 of Naples Manor Unit
No. 1, recorded in Plat Book 3, page 57 of the public records of Collier County, Florida, and directs the
Clerk to the Board to record a certified copy of the Quitclaim Deed in the public records.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Deed initialed by SAS - 050718 (PDF)
2. Location-Site Map (PDF)
3. Plat-Naples Manor Unit 1 MARKUP (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Doc ID: 5534
Item Summary: Recommendation to approve Petition VAC-PL20180000889, to quitclaim and
release the County’s interest in the 10-foot utility easement located 5-foot on each side of the common lot
line between Lots 5 and 6, Block 1 of Naples Manor Unit No. 1, recorded in Plat Book 3, page 57 of the
public records of Collier County, Florida, located on the north side of Tamiami Trail East, approximately
one half mile east of St. Andrews Boulevard, in Section 29, Township 50 South, Range 26 East, Collier
County, Florida.
Meeting Date: 06/12/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
05/03/2018 6:42 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/03/2018 6:42 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/03/2018 8:36 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/03/2018 3:38 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/07/2018 8:39 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/08/2018 11:15 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/08/2018 1:43 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 05/09/2018 3:48 PM
Growth Management Department James French Deputy Department Head Review Completed 05/09/2018 9:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/10/2018 8:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/15/2018 9:42 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/17/2018 1:32 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/03/2018 8:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
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Packet Pg. 908 Attachment: Deed initialed by SAS - 050718 (5534 : QC Deed-Naples Manor)
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Packet Pg. 909 Attachment: Deed initialed by SAS - 050718 (5534 : QC Deed-Naples Manor)
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Packet Pg. 910 Attachment: Deed initialed by SAS - 050718 (5534 : QC Deed-Naples Manor)
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Packet Pg. 911 Attachment: Deed initialed by SAS - 050718 (5534 : QC Deed-Naples Manor)
(C.R. 864)RATTLESNAKETAMIAMI TRAIL (U.S. 41)COUNTY BARN ROAD
HAMMOCK ROADGrowth Management Department2800 North Horseshoe Drive, Naples Florida 34104Development Review DivisionMarcus L. Berman P.S.M.Florida Surveyor & Mapper LS 5086County Land SurveyorNOT TO SCALE
Prepared by:PROJECTLOCATIONEASEMENTQUITCLAIMEDBEINGN
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EH:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Naples Manor\VAC-PL20180000889 Naples Manor Unit 1 Blk 1 Lots 5 & 6.dwg, 5/1/2018 2:38:55 PM, MarcusBerman16.A.22.bPacket Pg. 912Attachment: Location-Site Map (5534 : QC Deed-Naples Manor)
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Packet Pg. 913 Attachment: Plat-Naples Manor Unit 1 MARKUP (5534 : QC Deed-Naples Manor)