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Agenda 11/08/2011 Item #17A11/8/2011 Item 17.A. Recommendation to approve Petition VAC- PL2011 -1271, to disclaim, renounce and vacate the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257 -1263 of the Public Records of Collier County, Florida, and an easement for ingresslegress as originally recorded in Plat Book 14, pages 33 through 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibits "A-1", and "A -2". To adopt a Resolution to vacate the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257 -1263 of the Public Records Collier County, Florida, and that easement for ingress/egress as originally recorded in Plat Book 14, pages 33 through 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibits "A -1" and "A,2 ". CONSIDERATIONS: /11 Petition VAC -PL201 1 -1271 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Richard D. Yovanovich, of Coleman, Yovanovich & Koester, P.A., as agent for the Petitioner, Albert F. Moscato, Jr., as Managing Member of NM Marco Shores, LLC, A Florida Limited Liability Company. This vacation request is intended to vacate an ingress - egress easement, which goes from Mainsail Drive to preserve lands owned by the State of Florida and Rookery Bay. 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 Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. Packet Page -1498- 11/8/2011 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 is ready for Board consideration and approval. A majority vote is required for approval. (STW) RECOMMENDATIONS: To adopt a Resolution to vacate the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257 -1263 of the Public Records Collier County, Florida, and that easement for ingress /egress as originally recorded in Plat Book 14, pages 33 through 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibits "A -1" and "A -2 ". 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., Collier County Land Surveyor Land Development Services, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) Exhibits "A -l" and "A -2" 3) Resolution Packet Page -1499- COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 11/8/2011 Item 17.A. Item Summary: Recommendation to approve Petition VAC- PL2011 -1271, to disclaim, renounce and vacate the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257 -1263 of the Public Records of Collier County, Florida, and an easement for ingress /egress as originally recorded in Plat Book 14, pages 33 through 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". Meeting Date: 11/8/2011 Prepared By Name: BermanMarcus Title: VALUE MISSING 9/22/2011 8:19:14 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 9/22/20118:55:53 AM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 9/22/20119:20:40 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 9/22/20119:44:52 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 9/22/2011 10:45:19 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Packet Page -1500- ^ Date: 10/6/20114:26:16 PM 11/8/2011 Item 17.A. Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 10/7/20116:41:52 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/24/2011 11:19:20 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 10/28/20113:32:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/20114:34:09 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/31/20119:04:08 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/31/2011 10:22:29 AM Packet Page -1501- V r- 0 J JD 1 O Z D D n < O D �n O � � r m' � o -i � N - V n V i M D WT ro SCALE 17.A. 11/8/2011 Item ° b © �� .�N•Y g $$ e N COLLIER BWLEVMU MR. 8511 .a" l a�s G� yet; a o o 0 € a M M4 .� A z H a� WT ro SCALE 17.A. $ D oar 4 .0 " o a a w y •� �2 R k I Hill, NA MARCO SG m " OF s `�NIdF $ S 8g / At 11/8/2011 Item 17.A. \ 2y O 0 i \ m b v e u; v5 ari Ash A` ti 1�w ti <. n ro 0) 2 ICb �O 0 � ro7•oew 157.41' $, ., p V 00 � � � � SIB• mA �T �y C� Z m 4.. pk..? `�'e• u; v5 ari Ash A` ti 1�w ti <. n ro 0) 2 ICb �O 0 � / r � `t0•��\ / fns p9 VQ� V 00 � � � � SIB• mA �T 4.. pk..? `�'e• Packet Page -1503- / V � J D J �J N m� N G:GGC A °$$,Y 0 °-gam R X Z C� 8 I AAA Mixii1i pgp giJill "2 Cf \G+ _ G N p~O � 4 u \• OS Q 4 B p I 11/8/2011 Item 1TA- o� l P \ } ' 500 '54� e lid � �� I 'All ,; VO4RCo S / d b fflgi n'�� P- 'o 8 so a N' pd O:p Z C � � �,�Q9• / nl Packet Page -1504- o ty� mV V� m SON + 4 7 N soy �t4w —°— N� 0o g� ro °ti D w m �NC% 9 rn � N 11/8/2011 Item 17.A. �, RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2011 -1271, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THAT ROADWAY EASEMENT AS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK 1089, PAGES 1257 -1263 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AN EASEMENT FOR INGRESSIEGRESS AS ORIGINALLY RECORDED IN PLAT BOOK 14, PAGES 33 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING LOCATED IN PART OF SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBITS "A -1" and "A -2 ". WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, Petitioner, Richard D. Yovanovich has requested the vacation of the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257 -1263 of the Public Records Collier County, Florida, and that easement for ingress /egress as originally recorded in Plat Book 14, pages 33 through 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibits "A -1" and "A -2 ". 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 the portion of the roadway easement and that portion of an easement for ingress /egress as specifically depicted in Exhibits "A -1" and "A -2" is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. Packet Page -1505- 11/8/2011 Item 17.A. 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. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2011. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and legal Sufficiency: By: Steven T. Williams — Siw yet i.11,t Assistant Collier County Attorney By: FRED W. COYLE, CHAIRMAN Packet Page -1506- 11/8/2011 Item 17.A. 18D » Friday, October 21, 2011 7! N A P:L E 5 D A I LY N E W S NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners of Collier Eduih will hold a .public hearing on Tuesday, November 8, 2011 in the Boardroom, 3rd Floor, .Administration Building, Collier. County Government Center; 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the pro- posed Resolution is as follows: A gtESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER . :COUNTY, FLORIDA, .RELATING TO`PETITION VAC�PL2011. -1271, TO DISCLAIM,'RENOUNCf AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THAT ROADWAY .EASEMENT. AS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK 1089,' PAGES 1257 -1263 OF THE PUBLIC RECORDS OF. COLLIER COUNTY, FLORIDA, AND AN EASEMENT FOR- IN- GRES51EGRESS AY ORIGINALLY RECORDED IN PLAT, BOOK -14, PAGES 33 THROUGH 38,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,`.ALSO BEING. LOCATED IN PART OF SECTION 26, TOWNSHIP 51 SOUTH; RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBITS "A -1" AND "A -2 ': A copy of the proposed Resolution is on file with the Clerk to the, Board and are available for:inspection. All interested parties are invited to attend and be heard. ff . NOTE:. All Persons.wishing to speak on any agenda. item must register with the . County Administrator prior to presentation of the agenda item: to be addressed. .Individual speakers will be limited to 3 minutes on any item. The selection of an in-' dividuil to speak -on . behalf of an organization or group is encoura ed. If recog nizedation may be allotted t0 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.resppective 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 pubiic hearing. All material used in presentations before the .Board ' will become a: permanent part of the record. Any person' who decides to appeal a decision of the Board will need a record :of the proEeedings „pertaining thereto arld therefore, may need to. ensure -that a irerbatipm . record of .the proceedings .is ;made, which record includes 'the testiirwrry and evi- , dence,upon which the appears based. If you are a .person with a: disability who needs any accommodation n order to par- ticipate,im this proceeding; you are entitled; at no cost to. you, to_ the proviskii of certain assistance. Please 'contact the . Collier County Facilities Management Depart- ment; located at 3335. Tamiami Trail ; East, Suite #101, Building .1N,- Naples;. Florida 34112, (239) 252 -8380. Assisted listening devices for the hearmg impaired are avail- able in the County Commissioners' Offipt. r kt BOARD Or COUNTY COMMISSIONERS COLLIER COUNTY; FLORIDA FRED W.:COYLE,.CHAIRMAN �r ` DWIGHT E.. BROCK, CLERK By: Teresa, Pulaski, Deputy Clerk (SEAL) Otteber 2T. 2B. T011 No- ig1a�1? Packet Page -1507- 11/8/2011 Item 17.A. 2001 )) Friday; October 2B,2011 )) N A P L E S DA I LY 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, November 8, 2011 in the Boardroom,.'3rd Floor, Administration Building, 'Collier County Government Center, 3299 Tamiaml. Trail East, Naples, Florida; The meeting will begin at 9:00 A.M. The title of the, pro posed Resolution is as follows: A, RESOLUTION OF. FLORIDA, ELATINGTTo PETITION VAC 0 jCOZ MI SI NERS IMCRLLIER' RENOUNCE VACATE THE COUNTY AND THE PUBLIC INTEREST IN THAT ROADWAY EASEMENT AS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK 1089, PAGES 1257-1263 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND AN EASEMENT FOR .IN- GRESS/EGRESS AS ORIGINALLY RECORDED IN PLAT BOOK 14, PAGES 33 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING LOCATED IN PART OF SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA BEING MORE SPECIFICALLY SHOWN,IN EXHIBITS 'A -1 "AND 'A -2'. A. copy of the proposed Resolution is. 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 agend5sttem must register wtth`the' ',,Count yy Administrator prior to presentation of. the ae enda jtem to be addressed Individual speakers will be limited to 3 minutE on any- ter�i4 Cbe;•selection of an.in e 8ividual to speak on behalf .of'an organization or greiljp rS.erleouraged: )f'.'ceco nized by the Chair, 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 ppublic 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 material -used in presentations before the Board will become a permanent part of the record.. Any person who de ides to'appeal .a decisiop 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 evi- dence upon which the appeal is based. If You are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding; you are entitled, at no cost 4o you, to the provision of certain assistance. Please contact the Collier County Facilities. Management Depart- ment, located at-3333 Tamiami Trail East,.Suite 11101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices• for the hearing Impaired are avail able in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ..FRED W.•COYLE, CHAIRMAN ' DWIGHT E. BROOK, CLERK B . Teresa Polaski, Deputy Clerk (TiAu �ttober2l 011 No �4t9�tJ Packet Page -1508-