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
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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
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DATE REVISIONS
VACATION OF DRAINAGE EASEMENT
LOT 151, LEAWOOD LAKES
PREPARED BY:
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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
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Exhibit "A"
DATE:
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SCALE:
1"=20'
SHEET
2 OF 2
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JOB NO.:
N0727
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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"
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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.:
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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
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SQUARE FEET
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6.ZZ' 10' U.E.
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A
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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