Loading...
Agenda 05/25/2010 Item #17E Agenda Item No. 17E May 25. 2010 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT-2009-AR-14162, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 15-foot wide Drainage Easement on Lot 151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both Lots being part of a plat known as "Leawood Lakes" and recorded in Plat Book 24, Pages 62 through 64, of the Public Records of Collier County, Florida, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, and being more specifically depicted and described in Exhibit "A", OBJECTIVE: To adopt a resolution vacating a portion of a 15-foot wide Drainage Easement on Lot 151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both Lots being part of a plat known as "Leawood Lakes" and recorded in Plat Book 24, Pages 62 through 64, of the Public Records of Collier County, Florida, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, and being more specifically depicted and described in Exhibit "A". CONSIDERATIONS: Petition AVESMT-2009-AR-14162, has been received by the Engineering, Environmental, Comprehensive Planning and Zoning Services Department from Charles E. Tolton of Charles Talton and Associates, Inc. as agent for Stanislaw and Collette Majewski owners of Lot 157 and April L. White owner of Lot 151. The request for vacation is to remove that portion of the 15-foot wide drainage easement encumbered by the existing house on each Petitioners lot. The platted drainage easements were dedicated to Collier County with no responsibility for maintenance and to Leawood Lakes Homeowners Association with the responsibility for maintenance. Sole responsibility for any repair or replacement and any additional cost which may be incurred due to the reduction in easement width will lie with the Leawood Lakes Homeowners Association. A letter of acknowledgement of the aforementioned is included. along with letters of no objection from the abutting property owners. Additionally approvals by County agencies with interest in these easements have been received, or in the case of no response, proof of delivery has been submitted; therefore, staff recommends the vacation of the portion of these easements. FISCAL IMPACT: Engineering, Environmental, Comprehensive Planning and Zoning Services Department 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. Agenda Item No. 17E May 25, 2010 Page 2 of 14 ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: This item is legally sufficient for Board consideration and approval. - STW RECOMMENDATIONS: Adopt the Resolution for Petition AVESMT-2009-AR-14162, vacating a portion of a 15-foot wide Drainage Easement on Lot 151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both Lots being part of a plat known as "Leawood Lakes" and recorded in Plat Book 24, Pages 62 through 64, of the Public Records of Collier County, Florida, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, and being 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, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., County Land Surveyor Engineering, Environmental, Comprehensive Planning and Zoning Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 17E May 25, 2010 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E 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 AVESMT.2009-AR-14162. to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a 15-foot wide Drainage Easement on Lot 151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both Lots being part of a plat known as Leawood Lakes and recorded in Plat Book 24, Pages 62 through 64, of the Public Records of Collier County, Florida, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. and being more specifically depicted and described in Exhibit A. 512512010900:00 AM Date Prepared By Stephen Higgins Community Development & Environmental Services County Surveyor Engineering & Environmental Services 4/28/20102:23:21 PM Michael Greene Date Approved By Transportation Services Project Manager Transportation Engineering & Construction Management 4/28/20104:13 PM Approved By Date Steven Williams County Attorney Assistant County Attorney County Attorney 4129/20107:52 AM Date Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Director - COES Engineering Services Engineering & Environmental Services 4/29120108:53 AM Date Approved By Jeff Klatzkow County Attorney 4/29/201010:27 AM Date Approved By Judy Puig Operations Analyst Community Development & Community Development & Environmental Services Environmental Services 4/30/2010 11 :09 AM Approved By Date Nick Casalanguida Transportation Division Director ~ Transportation Planning Transportation Planning 5/13/20102:10 PM Approved By Agenda Item No. 17E May 25, 2010 Page 4 of 14 Gerald Kurtz Project Manager, Principal Date Transportation Division Transportation Road Maintenance 5/13/20102:31 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 5/17/201011 :13 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/17/20106:39 PM we.... J--.~~ ~e_ .N 0 ..S?~~r'I- L{) '" OJ <tl ::~D.. <tl '0 c: '" OJ <( '~m,", / - -. CL <( ~ W f- U) ... '" 21 ~ '" C/) f0- g J, l1J '" :"i 0 0 ~ <C l1J ...J, 1 CL <( ~ Z 0 - f- <( 0 0 -l Agenda Item No. 17E May 25,2010 Page 6 of 14 Leawood Lakes Homeowners Association, Inc. 3701 Tarniami Trail North 3td Floor Naples, Florida 34103 Letter of No Objection Collier County Engineering, Environmental, Comprehensive Planning and Zoning Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Sirs: The Leawood Lakes Homeowners Association is aware of the pending partial vacation of the 15 foot drainage easement on Lots 151 and 157 Leawood Lakes and have no objection to this process. We further understand our responsibility for repair or replacement of any drainage pipes or structures within said easement. Ifwe or our Registered Agent (Compass Group Property Mgmt.) can be offurther assistance in this matter please do not hesitate to contact us. m~ Ms. Michelle Estes ~D C/ ~ President Leawood Lakes Homeowners Association, Inc. REF: AVESMT-2009-AR-14162 LEAWOOD LAKES -- ._.. ---'-'.- ---~.- - - - - - -- - AVESMT-2009-AR-14162 REV: 2 LEA WOOD LAKES LOTS 151 & 157 Project: 2009010011 Date: 7/27/09 DUE: 8110/09 Oeser/Dt/on: A parcel of land lying within a residential subdivision known as Leawood Lakes, Plat Book 24, Pages 62 to 64, Collier County, Florida, more particularly described os follows: Commencing at the Northeast corner of Lot 151 of said Leowood Lakes; Thence South 00'04'44" West along the East line of said Lot 151 0 distance of 15.00 feet; thence North 89'55'16" West and parallel with the North line of said Lot 151 o distance of 15.40 feet to the Point Of Beginning; Thence continuing North 89'55'16" West 0 distance of 27.50 feet; Thence North 00'06'56" East 0 distance of 7.55 feet; Thence South 89'53'04" East 0 distance of 27.50 feet; Thence South 00'06'56" West 0 distance of 7.53 feet to the Point Of Beginning. Said lands containing 207 square feet more or less. Certification: I hereby certify that the attached sketch and description of the hereon described property is true and correct to the best of my knowledge and belief os prepared under my direction .<In,October 21, 2008. I further certify that this sketch and description meets..tI>e..1trIn.imum technical standards set forth in chapter S1G17-S.002, Florida Administrative. Co.6'l.- pursuant to section 472.027, Florido Statutes. ~Obgve: grQ.uJi.sl-<lncroochments other than those shown hereon, f';(..f-4,BlT .". <~"".." Date: -Z~/~f ,p; Charles E, To Ft on.,c ,S,M, I "F 4 Florido Registratlon,'No. 4582 Charles Tolton & Associates, Inc. L.B. No. 5862 Exhibit "A" DATE REVISIONS I VACAllON OF DRAINAGE EASEMENT I DATE: 10/21/08 LOT 151, LEAWOOD LAKES SCALE: PREPARED BY: NONE ~ CHARLES TOLTON & ASSOC, . INC, SHEET ENGINEERS, SURVEYORS AND MAPPERS 1 OF 2 2887 TAMIAMI TRAIL EAST, SUITE 5 151-VoeEamnt.dw9 NAPLES. FLORIDA 34112 / \ JOB NO.: (239)793-6633 FAX (239)793-3905 N0727 EMAIL: cta_inc8embarqmail. com Agenda Item No. 17E May 25,2010 Paoe 7 of 14 150 207 SQUARE FEET I ~ N89"SS'16"W 80.00' ~ '0 I '0 0 0 15' D.E. lfiO lfi I ~o '0 1~O' ~ 0 --- lfi N89"SS'16"W I ... ;: I ;: .... ... ... NOO"06'S6"E SOO"06'S6"W I ... -:q. 7.55' 7.53' ... 0 0 0 PO I 0 (f) (f) N89"SS'16"W 80.00' I I >- W .-JVl 10'U.E.~ .-J~ <rw >1- I- 152 - :J (\JL.:J ~ PROPOSED VACATION AREA NOT A SURVEY DATE REVISIONS VACATION OF DRAINAGE EASEMENT LOT 151, LEAWOOD LAKES PREPARED BY: ~ CHARLES TOLTON & ASSOC.. INC. ENGINEERS. SURVEYORS AND MAPPERS 2887 T AMIAMI TRAIL EAST, SUITE 5 NAPLES. FLORIDA 34112 (239)793-6633 FAX (239)793-3905 EMAIL: clll_inceembllrqmail.com Agenda Item No. 17E May 25, 2010 Pa e 8 of 14 r: ;~ : .....:i U ~ ........ U I ~ ~'O _ 0 p~ o (f) Q o o ~ <r: ~ .....:i >- ~ r- ~V1 ~ ~;itJ ;::::: I ~>~ :::1 > iuG x <r w a.. [::>< ~ Il:?>' T A z d( 4- Exhibit "A" DATE: 10/21/08 SCALE: 1"=20' SHEET 2 OF 2 l~'-\loeEllITInt.dW9 JOB NO.: N0727 ~~. ~- p. Agenda Item No. 17E May 25,2010 Pa e 9 of 14 AVESMT-2009-AR-14162 REV: 2 LEAWOOD LAKES LOTS 151 & 157 Project: 2009010011 Date: 7/27/09 DUE: 8110/09 DescriDtion: A parcel of land lying within a residential subdivision known as Leawood Lakes, Plat Book 24, Pages 62 to 64, Collier County, Florida, more particularly described os follows: Commencing at the Northeast corner of Lot 157 of sold Leawood Lakes; Thence South 89'27'52- West along the North line of sold Lot 157 0 distance of 15.00 feet; thence South 00'32'08" East and poraliel with the East line of said Lot 157 0 distance of 20.97 feet to the Point Of Beginning; Thence continuing South 00'32'08" East 0 distance of 38.00 feet; Thence North 89'26'53" East 0 distance of 6.22 feet; Thence North 00'33'07" West 0 distance of 38.00 feet; Thence South 89'26'53" West 0 distance of 6.21 feet to the Point Of Be9inning. Said lands containing 236 square feet more or less. Certification: I hereby certify that the attached sketch and description of the hereon described property is true and correct to the best of my knowledge and belief os prepared under my direction on October 21, 2008. I further certify that this sketch and description meets the minimum technical standards set forth in chapter 61G17-6.002, Florida Administrative Code, pursuant to section 472.027, Florida Statutes. There ore no .e~'~9und encroachments other than those shown hereon, s c the ~u.,~c."~oted hereon. . . ~,c:..-. Dote: t /11 Ie! Charles, :'ToltQtl:, P.S.M. Florida Registro~i.c"n. No. 4582 Charles Tolton':&:'A'ssociates, Inc. L.B. No, 5862 . ~x.l-l-te.lr A :> of 4- Exhibit "A" ~ CHARLES TOLTON & ASSOC., INC, ENGINEERS, SURVEYORS AND MAPPERS 2667 T AMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 (239)793-6633 FAX (239)793-3905 EldAll; cta_incGtembarqmaiLcom DATE: 10/21/08 SCALE: NONE SHEET 1 OF 2 DATE REVISIONS VACATION OF DRAINAGE EASEMENT LOT 157, LEAWOOD LAKES PREPARED BY: 157-VocEIII'Tmt.c1w9 JOB NO.: NOn7 ~ 15' D.M.E. S89'Z7'5Z"W I --- I z 0 '" I vl N <:l 0 s:: ex> frr I :i I ~ LOT 157 I ~ I TRACT I ex> 0 " \1 0. ~ -------- N89'Z7'5Z"E '---. 15.00' 45.00' 50' R/W N89'Z7'5Z"E 154.89' 2' VALLEY GUTTER LEA WOOD CIRCLE N89'Z7'5Z"E 19.90' 45.00' EXISTING PAVEMENT --=:::::::: ~ PROPOSED VACATION AREA DATE REVISIONS I PREPARED BY: ~ NOT A SURVEY PCB S89'Z6'53"W 6.Z1' 156 SQUARE FEET N89'Z6'53"E 6.ZZ' 10' U.E. E-\{I-!U?I T A 4- ....\::: 4 VACATION OF ORAINAaE EASEMENT LOT 157, LEAWOOD LAKES CHARLES TOLTON & ASSOC.. INC, ENGINEERS, SURVEYORS AND MAPPERS 2887 TAMIAMI TRAIL EAST. SUITE 5 NAPLES, FLORIDA 34112 (239)793-6633 FAX (239)793-3905 EMAlL: cta_inc.embarqmail.com.com Agenda Item No. 17E May 25,2010 Pa e 10 of 14 Exhibit "A" DATE: 10/21/08 SCALE: 1"=20' SHEET 2 OF 2 157-VOcEwnnt.dwv JOB NO.: N0727 Agenda Item No. 17E May 25,2010 Page 11 of 14 RESOLUTION NO. 10-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2009-AR-14162, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC INTEREST IN A PORTION OF THE 15-FOOT WIDE DRAINAGE OVER LOT 151 AND A PORTION OF A 15- FOOT WIDE DRAINAGE EASEMENT OVER LOT 157, BOTH LOTS BEING A PART OF THE PLAT KNOWN AS "LEAWOOD LAKES" AND RECORDED IN PLAT BOOK 24, PAGE 62 THROUGH 64, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, THE VACATED AREA BEING MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT "An. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Collier County, requests the vacation a portion of a 15-foot wide Drainage Easement on Lot 151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both Lots being part of a plat known as "Leawood Lakes" and recorded in Plat Book 24, Pages 62 through 64, of the Public Records of Collier County, Florida, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, and being 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 the drainages easements as specifically described in Exhibit 'A' are 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; and to make proper notation of this vacation on the recorded plat as referenced above. ;" Agenda Item No. 17E May 25,2010 Page 12 of 14 This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2010. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: By: Steven T. Williams ff.,J Assistant Collier County Attorney 'f IzaJ.,o Attachments: EXHIBIT A - Legal Descriptions Agenda Item No. 17E May 25, 2010 Page 13 of 14 Naples DaD, News. Sunday, May 9, 2010 · 19D NOTICE OF PUBLIC HEARING Notice is hereby given that the' Board of County Commissioners of Collier County will hold a public hearing on Tuesday, M~ 25, 2010 in the Boardroom, 3rd Floor, ~~tn~:i:~Flo~~~infhe ':~ni:I~~i~v:~n;:~.~~n~~ t~~~f;: p~~~~~~ Resolution is 85 follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RELATING TO PETITION AVESMT.2009.AR.'4162, . TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC INTEREST IN A PORTION OF THE 1S.FOOT WIDE DRAINAGE OVER LOT 151 AND A PORTION OF A 'S-FOOT WIDE DRAINAGE EASEMENT OVER LOT '57, BOTH LOTS BEING PART OF THE PLAT KNOWN AS "LEAWOOD LAKES" AND RECORDED IN PlAT BOOK 24, PAGE 62 THROUGH 64, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, SITUATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST,' COLLIER COUNTY, THE'VACATED AREA BEING MORE SPEOFICALLY DEPICTED AND DESCRIBED IN EX. HIBIT "A", . NOTE: All PerSons wishin-g :to' speak on any agenda item mustregi$ter; with the_ ~~~~i~u~~~~~~~t~IIP~ij~<ttfJ~T~~~~t~f o~~n~g~~~~ i~ ~re~o;~~r:~~ ~l~~~Uty t~h:P~~~ir~~ ~~~k~s::rs~~ ~~~a~i~~~~~ ~; ~;:~Jiz~tj~~C~~;'b:'al1~;:dorO minutes to speak on an item. PerSons wishing to have written or graphic materials included in the Board agenda ~~1~~ h~~~g~Ub~ita~~idca~:.t~~~~:n m~~~~ri~s ~~t~nd~k:o Pb~r c~~s::re'JSt~;h: 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 perma.nent partofthe record. ",,',' '-',' Any person who decides to appeal a decision of the Board will need a record of the r;:~d~fg:h~~~~~~i~~:ristom~d~,t~hkfhr;~~r~ i~~d~~ ::Uf:st~~n~ ~~3a~~ dence upon which the appeal is based. ' If you are a person with a disability who needs any accommodation in order to Rar- ticlpate in this proceeding; ,you are entitled, at no cost to you, to the provision' of ~~n~n I:~~~dn~~. 3~~:s~a~~~r T~~ii ,~~e~u~{dl~: ~~~~~,~~ ~,g~i~~m3~1t, fe~;~) 252~8380. Assisted listening devices for the hearing impaIred are available in the County Commissioners' Office. 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEtL) M.w q & 16 7010 Nn1R.c;714:t 20D . Sunday, May 16, 2010 . Naples DaDy News NOTICE OF PUBLIC HEARING ~mi~eOI~ ~e~~~jcg~:~ri~~a~~h~U:sda::' ~a C~~;~o~grr~~~~~~~~r3:~~~I,i,3~ ~~~~ AdminjstrationBUildin~. Collier: (aun, GYovernment (enter, 3301 East. Tamiami ~~~~I~~~e~ a~lf~:?o~: he meeting will egln at 9:00 A.M. The t~le of the ~~oposed A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. RELATING TO PETITION AVESMT-2009-AR.14162, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC INTEREST IN A PORTION OF THE 15-FOOT WIDE DRAINAGE OVER LOT tS1 AND A PORTION OF A 15.FOOT'WlDE DRAINAGE EASEMENT OVER LOT lS7, BOTH LOTS BEING PART OF THE PLAT KNOWN AS "LEAWOOD LAKES" AND RECORDED IN PLAT BOOK 24, ~~~~~b 1~Rfe~M'k ~6~~H~~~Cs~3~~~.?JE 'z~~~,cggtm'R~'gJ~ THE VACATED AREA BEING MORE SPECIFICAllY DEPICTED AND DESCRIBED IN EX. HIBIT"A". ' . NOTE: All Persons wishing to speak on an)" agenda item must register with the ~di~ilu~~~~~L~~~t~lb~~i~~tfJ~3t~\~~~f o~~~g~~~ ~~ ~Ye~o~~1r~~ ~J~~~U~ t~~ch~ir~~ ~~~~;:rs~~ f~~a~i~~~~~ :; ~rr:aU~~l~~~:;~:'~II~;:Joro minutes to speak on an item. Persons wishing to have written or graphic materials included ,in the Board agenda ~~b~~t\:~~g~ub~ita~~jdc~t~~ih:n m~~~~~:;s i~t:nd:dk:o Pb~r t:~~sm:red~~: Board shall be submitted to the appropriate County staff ,8 minimum of seven, days prior to th~ public hearing. All material used in presentations before the Board will become a perma~ent part of the record.'. Any person who decides to appeal a' decision of the Board will need a record of.the ~;~~3d~g:h~e~~i~~:rfstom~~~. t~ehic~r~ec~rd i~~d:SO te,.,,=U[:st1~~n~ ~,;:r~~ 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 to you, to the provision of ~~tn I~:~~dn~~. 3~~:s~a~i~~r T~~~ ~~~:e~U71~~~: ~~C~~~i~s, MR~~i~~m3e;1t1 f..ef2~~i 252-8380. Assisted listening devices for the hearing impaIred are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, flORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski. Deputy Clerk (SEAL) M~v q R, 16 ]010 NnlR'i]1.4~ Agenda Item No. 17E May 25.2010 Page 14 of 14