Agenda 07/26/2011 Item #17A7/26/2011 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC- PL2011 -905, to disclaim, renounce and vacate
the County's and the Public's interest in a 30 -foot wide easement as originally created by
Official Record Book 457, Page 361 in the Public Records of Collier County, Florida,
situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the
subject easement to be vacated is more specifically depicted and described in Exhibit
«A"
OBJECTIVE:
To adopt a resolution vacating the County's and the Public's interest in a 30 -foot wide easement
originally created in Official Record Book 457, Page 361 in the Public Records of Collier County,
Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the
subject easement to be vacated is more specifically depicted and described in Exhibit "A ".
CONSIDERATIONS:
Petition VAC- PL2011 -905, has been received by the Engineering Services, Growth
Management Division, Planning and Regulation from Alexis Crespo of Waldrop Engineering,
P.A. as agent for Vita Pima, LLC, owners, requesting the vacation of a 30 -foot easement
created by Official Record Book 457, Page 361. This document transferred approximately 10
acres of land and subjected the west 30 feet to an easement. The use of the easement is not
stated in the document, however, like so many other 30 wide easements at that time, it was
likely used in conjunction with the adjoining property to create access to other adjacent
properties. Access to other parcels is no longer an issue as the property to the north has been
developed as Old Cypress Unit One and the property to the south is a canal right -of -way and
Immokalee Road. All applicable agencies and abutting property owners have been notified and
have responded with letters of no objection. All required documentation as required by Collier
County Resolution 2006 -160, Attachment "C ", "Policy and Procedure for the Extinguishment of
Public Easements conveyed by Separate Instrument..." has been submitted, therefore staff
recommends approval.
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 Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
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7/26/2011 Item 17.A.
HISTORICAL /ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved this item for legal sufficiency. This
item requires a majority vote. This item is ready for Board consideration and approval. (STW)
RECOMMENDATIONS:
Adopt a resolution vacating the County's and the Public's interest in a 30 -foot wide easement
originally created in Official Record Book 457, Page 361 in the Public Records of Collier County,
Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the
subject easement to be vacated is more specifically depicted and described 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:
Stephen A. Higgins P.S.M., County Land Surveyor
Land Development Review Services, Growth Management Division, Planning and Regulation
Attachments: 1) Location Map
3) Exhibit `A'
4) Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
7/26/2011 Item 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- PL2011 -905, to disclaim, renounce and vacate the
County's and the Public's interest in a 30 -foot wide easement as originally created by Official
Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section
21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be
vacated is more specifically depicted and described in Exhibit "A ".
Meeting Date: 7/26/2011
Prepared By
Name: HigginsStephen
Title: County Surveyor,Engineering & Environmental Services
6/29/2011 9:25:56 AM
Submitted by
Title: County Surveyor,Engineering & Environmental Services
Name: HigginsStephen
6/29/2011 9:25:58 AM
Approved By
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 6/29/2011 2:10:10 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 6/30/2011 11:50:26 AM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 6/30/2011 5:49:02 PM
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Name: PuigJudy
Title: Operations Analyst, CDES
Date: 7/5/2011 4:50:50 PM
7/26/2011 Item 17.A.
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 7/6/2011 8:10:16 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7 /7/2011 8:30:53 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 7/7/2011 3:09:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/8/2011 8:32:40 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgnu Svs,CMO
Date: 7/18/2011 10:45:47 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/18/2011 11:16:13 AM
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7/26/2011 Item 17.A.
RESOLUTION NO. 2011-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC- PL2011 -905, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND PUBLIC
INTEREST IN A 30 -FOOT WIDE EASEMENT AS
ORIGINALLY CREATED BY OFFICIAL RECORD BOOK 457,
PAGE 361 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION 21, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, THE SUBJECT EASEMENT TO BE VACATED IS
MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT "A ".
WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes,
Petitioner, Vita Pima, LLC, owner, requests the vacation of a 30 -foot wide
easement originally created in Official Record Book 457, Page 361 in the Public
Records of Collier County, Florida, situated in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, the subject easement to be vacated is
more specifically depicted and described 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 Petitioner's request will not adversely affect
the ownership or right of convenient access of other property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in that a 30 -foot wide Easement as specifically described in Exhibit 'A' is hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to
be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same,
this day of 2011.
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7/26/2011 Item 17.A.
DATE: BOARD OF COUNTY
COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
FRED W. COYLE, Chairman
Approved as to form and legal
sufficiency:
By:
Steven T. Williams
Assistant Collier County Attorney Els�r
Attachments: EXHIBIT A — Legal Description
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mumum or seven days prior to
the public hearing. All material used
in presentations before the Board will
become a 'permanent .part of the re, -
cord..
Any decision person of the Board dwillt needy a al re-
cord of the proceedings - pertaining
thereto and therefore, may need 40
ensure that a verbatim 'record of the
Proceedings is made, which record in
-
dudes- the testimony and evidence
upon which the appeal is'based.:
N you are a person with a disability
who needs any accommodation -in .or
der to participate in this proceeding;
you are entitled, at no cost to you, to
the provision , of certain assistance.
.Please contact the .Collier County Fa-
cilities Management-, Department; la
sated at 3335 Tamiami Trail. East, Suite
1101,." Building W, - -Naples, Florida
34112, (239) 252.8380. Assisted listen.
ing devices for the hearing impaired .
are available in the' County Commis.
sioners' Office. - -
BOARDOFCOUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
Byy. Ann lennajohn, Deputy Clerk
(Li.
July 8 15 2011 No 1906108
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7/26/2011 Item 17.A.
7/26/2011 Item 17.A.
20D • Friday, July 15, 2011 a Naples Daily News
NOTICE OF PUBLIC HEARING TO
CONSIDER RESOLUTION
Notice is hereby given that the Board
of County. Commissioners of. Collier
County will hold a public hearing.. on
_ Tuesday., ((��y� ZZ6, 2011 to the Board-
..Ing, i; ollieI�fpi$r, Admihistratjtb ♦h iltil:
ing, Collier County Government Cen-
ter, 3299 TamlamI Trail East, Naples,
900 tlA.M. TThe title�nof thle proposed
Resolution is as follows;
A RE50LUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETI-
TION VAC- PL2011 -905, TO DISCLAIM,
RENOUNCE AND VACATE THE 000N-
TY AND PUBLIC INTEREST IN A 30-
FOOT WIDE EASEMENT AS ORIGINAL-
LY CREATED BY OFFICIAL RECORD
BOOK 457 PAGE 361 IN THE PUBLIC
RECORDS OF COLLIER COUNTY, .FLORI-
OA, SfTUATED IN SECTION 21, TOWN -
LER COUNTY FLORIDA, FLORIDA, ZTHEASUBIEC7 BE VA
SPECIFICALLY DEPICTEDE ANDM DEE
SCRIBED IN EXHIBIT "A °.
I It
onpfille with the roposed
to Resolution
d and i
are available fo
ested Parties are invi ed to be heard.
NOTE: All Persons wishing to speak
on any agenda item must register with
the County Administrator prior to pre-
sentation of the agenda item to be
addressed. Individual speakers will be
limited to 3 minutes on any item. The
selection of an individual to speak on
behalf of an organization or group is
encouraged. If recognizetl by the
Chair, a spokesperson for a group or
organization may be allotted to min-
utes 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
I public hearing. All material
in presentations before the Board used
en
e
become a permanent part of the re-
cord.
decision of the Board dwillt need aalre-
cord of the proceedings pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal is based.
If you are a person With a disability
who needs any accommodation in or-
der to' participate in this proceeding;
you are entitled, at no cost to you, to
the provision of certain assistance.
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Please c
cilities
cated at
ing device for the hearing-ii
are available in the County Comm
sioners'Office.
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann 7ennejohn, Deputy Clerk.,