Agenda 07/27/2010 Item #17BAgenda Item No. 17B
July 27, 2010
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC- PL2010 -524, to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the Drainage Easement and Lake
Maintenance Easement over Tract C of Caldecott, a subdivision according to the Plat
thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of Collier
County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26 East,
Collier County, Florida, the subject portion of 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 portion of the Drainage
Easement and Lake Maintenance Easement over Tract C of Caldecott, a subdivision according
to the Plat thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of
Collier County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26 East,
Collier County, Florida, the subject portion of easement to be vacated is more specifically
depicted and described in Exhibit "A ".
CONSIDERATIONS:
Petition VAC- PL2010 -524, has been received by the Engineering Services, Growth
Management Division, Planning and Regulation from Christopher R. Mitchell P.E., Director of
Engineering for Waldrop Engineering P.A. as agent for Stock Development, LLC. Stock
Development, LLC plans to reconfigure the designed lake therefore, the easements in the
described area are no longer needed. The applicant has stated, "The reconfigured lake is being
platted with the required drainage easements. Therefore, vacating the existing easement has no
negative impacts ". All abutting property owners have responded with letters of no objection or in
the case an adjoining owner did not respond, proof of delivery of the request for a letter of no
objection has been submitted. The Homeowner's Association has also produced a letter of no
objection. Because of the nature of the Drainage Easement & Lake Maintenance Easement, no
utilities companies or emergency services such as the Collier Sheriff or Fire and Rescue have
been notified. All required documentation as required by Collier County Resolution 2006 -160,
Attachment "B ", Policy and Procedure for the vacation and annulment of plats or portions of
plats of subdivided land, has been submitted, therefore county 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.
Agenda Item No. 17B
July 27, 2010
Page 2 of 13
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL /ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents for legal sufficiency. 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 portion of the Drainage
Easement and Lake Maintenance Easement over Tract C of Caldecott, a subdivision according
to the Plat thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of
Collier County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26 East,
Collier County, Florida, the subject portion of 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, 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
Land Development Services, Growth Management Division, Planning and Regulation
Attachments: 1) Location Map
2) Homeowner's Association Letter of no Objection
3) Exhibit `A'
4) Resolution
Agenda Item No. 176
July 27, 2010
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
17B
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-PI-2010-524, to disclaim, renounce and vacate the Countys and the
Publics interest in a portion of the Drainage Easement and Lake Maintenance Easement
over Tract C of Caldecott, a subdivision according to the Plat thereof as recorded in Plat
Book 46, Pages 52 through 56, of the Public Records of Collier County, Florida, situated in
Sections 21 and 28, Township 50 South, Range 26 East, Collier County, Florida, the subject
portion of easement to be vacated is more specifically depicted and described in Exhibit A.
Meeting Date:
7/27/2010 9:00:00 AM
Prepared By
Stephen Higgins
County Surveyor Date
Community Development &
Environmental Services
Engineering & Environmental Services 6/29!201012:34:49 PM
Approved By
Steven Williams
Assistant County Attorney Date
County Attorney
County Attorney 6129/2010 3:06 PM
Approved By
Michael Greene
Project Manager Date
Transportation Engineering &
Transportation Services
Construe!ion Management 6130,'2010 5:40 PM
Approved By
Gerald Kurtz
Project Manager, Principal Date
Transportation Division
Transportation Road Maintenance E!2 /2010 E:43 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation Date
Transportation Division
Transportation Administration 7!212010 9:03 AM
Approved By
Nick Casalanguida
Director - Transportation. Planning Date
Transportation Division
Transportation Planning 7/2.'2010 4:00 PM
Approved By
William D. Lorenz, Jr., P.E.
Director - CDES Engineering Services Date
Community Development &
Environmental Services
Engineering & Environmental Services 7;312010 9:50 AM
Approved By
Judy Puig
Operations Analyst Date
Agenda Item No. 17B
July 27, 2010
Page 4 of 13
Community Development &
Community Development &
Environmental Services
Environmental Services
7/6/2010 2:44 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/6/2010 3:08 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
7/712010 4:10 PM
Approved By
Jeff Klatzkow
County Attorney
Date
T2112010 3:40 PM
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Caldecott Homeowners Association, Inc,
2647 Professional Circle, Suite 1201
Naples, FL 34119
.tune 28. 2010
Stephen A. Higgins
Collier County Engineering. Environmental.
m Comprehensive Planning and Zoning Services Department
2800 North Horseshoe Drive
z °N Naples. Florida 34104
Re: Caldecott casement vacation
a
d
Mr. Higgins.
Please accept this letter in support of Stock Development's easement vacation request for
Caldecott (c% Lely Resort. I understand that Collier County requires my approval as the President
of the Homeowners Association and 1 have no objection to the proposed easement vacation.
Sincerely,
Z, t
Chad Koeses. President
CALDECOTT HOMEOWNERS ASSOCIATION, INC.
Agenda Item No. 17B
July 27, 2010
RHODES & RHODES LAND SURVEJW7, "G Page 7 of 13
34100B0Ai1TA GRAAVEDR #107,,WMT9 SPRIMS, FL. 311.36- - - --- --
PHOAW (M) 40.5-81M FAX(M)40-8163
PROPERTY DESCRIPTION
VAC•PL2010.524 Rev :I
CALDECOTT AT LELY RESORT
DATE: 3/30/10
DUE: 4 /13/10
A portion of Sections 21 & 28, Township 50 South, Range 26 East, Collier County Florida, being more
particularly described as follows:
Commendne at the northwesterly most corner of Wildflower Way, Lely Resort Phase Eight, according
to the plat thereof as recorded in Plat Book 23 at pages 33 and 34 of the public records of Collier
County, Florida; thence South 83 040'04" East, along the northerly right -of -way line of said Wildflower
Way, a distance of 785.09 feet to the Point of Beginning of the parcel of land herein described, the same
being a point on a non - tangential curve; thence northwesterly, 167.16 feet along the arc of a curve,
concave northeasterly, having a radius of 99.00 feet, through a central angle of 96 °44'28" and being
subtended by a chord which bears North 35 °17'50" West, 148.00 feet to a point of compound curvature;
thence northerly, 97.00 feet along the arc of a circular curve, concave easterly, having a radius of 466.00
feet, through a central angle of 11 °55'36" and being subtended by a chord which bears North 19 °02'12"
East, 96.83 feet; thence North 25 °00'00" East, a distance of 76.93 feet to a point of curvature; thence
northeasterly, 89.19 feet along the arc of a circular curve, concave southeasterly, having a radius of
70.00 feet, through a central angle of 73 100'00" and being subtended by a chord which bears North
61 030'00" East, 83.28 feet; thence South 82 °00'00" East, a distance of 230.09 feet to a point of
curvature; thence northeasterly, 124.10 feet along the arc of a circular curve, concave northwesterly,
having a radius of 80.00 feet, through a central angle of 88 °53'00" and being subtended by a chord
which bears North 53 °33'30" East, 112.03 feet; thence North 09 °07'00" East, a distance of 188.57 feet to
a point of curvature; thence northerly, 197.85 feet along the arc of a circular curve, concave westerly,
having a radius of 480.00 feet, through a central angle of 23 °37'00" and being subtended by a chord
which bears North 02 °41'30" West, 196.45 feet; thence North 14 °30'00" West, a distance of 120.47 feet
to a point of curvature; thence northerly, 136.31 feet along the are of a circular curve, concave easterly,
having a radius of 220.00 feet, through a central angle of 35 °30'00" and being subtended by a chord
which bears North 03 °15'00" East, 134.14 feet; thence North 21 °00'00" East, a distance of 93.30 feet to
a point of curvature; thence northerly, 75.68 feet along the arc of a circular curve, concave westerly,
having a radius of 55.00 feet, through a central angle of 78 °50'19" and being subtended by a chord
which bears North 18 °25'10" West, 69.85 feet to a point of reverse curvature; thence northwesterly,
342.46 feet along the arc of a circular curve, concave northeasterly, having a radius of 891.04 feet,
through a central angle of22 °01'16" and being subtended by a chord which bears North 46 049141" West,
340.36 feet to a point of compound curvature; thence northeasterly, 203.06 feet along the arc of a
circular curve, concave southeasterly, having a radius of 80.00 feet, through a central angle of
145 °26'03" and being subtended by a chord which bears North 36 °53'58" East, 152.78 feet; thence South
70 °23'00" East, a distance of 362.27 feet to a point of curvature; thence southeasterly, 78.39 feet along
the arc of a circular curve, concave southwesterly, having a radius of 320.00 feet, through a central angle
of 14 °02'06" and being subtended by a chord which bears South 63 °21'57' East, 78.19 feet to a point of
reverse curvature; thence easterly, 208.99 feet along the arc of a circular curve, concave northerly,
having a radius of 254.85 feet, through a central angle of 46 °59'06" and being subtended by a chord
which bears South 79 °50'27" East, 203.18 feet; thence North 76 °40'00" East, a distance of 177.78 feet to
a point of curvature; thence easterly, 50.54 feet along the are of a circular curve, concave southerly,
having a radius of 170.00 feet, through a central angle of 17 °02'00" and being subtended by a chord
-- which bears North 85 °11'00" East, 50.35 feet to a point of compound curvature; thence southeasterly,
\\ Server \dwg \CONST\LELY RESORT MASTER \TRACT 61 CALDECOTI12005- 2083lega1REV.doc
Page I of 3
Agenda Item No. 17B
July 27, 2010
RHODES 4tRHODES LAND SLTRVEwN(, I1�'c Page 8 of 13
.°.,8140 BONITA GBAADEDE #107, BONPLA SPllMS, FL. 34136
PHONE (M) 445-8166 FAX(M)40.5-8163
31.56 feet along the arc of a circular curve, concave southwesterly, having a radius of 45.00 feet,
through a central angle of 40 °11'23" and being subtended by a chord which bears South 66 °12'19" East,
30.92 feet to a point on a non - tangential curve; thence westerly, 77.36 feet along the arc of a circular
curve, concave southerly, having a radius of 162.00 feet, through a central angle of 27 °21'35" and being
subtended by a chord which bears North 89 °39'13" West, 76.62 feet; thence South 76 °40'00" West, a
distance of 155.06 feet to a point of curvature; thence southerly, 367.11 feet along the arc of a circular
curve, concave easterly, having a radius of 117.00 feet, through a central angle of 179 °46'38" and being
subtended by a chord which bears South 13 °13'19" East, 234.00 feet; thence South 76 °53'22" West, a
distance of 182.63 feet to a point of curvature; thence southwesterly, 184.72 feet along the arc of a
circular curve, concave southeasterly, having a radius of 150.00 feet, through a central angle of
70 °33'26" and being subtended by a chord which bears South 41 °36'39" West, 173.27 feet; thence South
06 °19'56" West, a distance of 801.34 feet to a point on a non - tangential curve; thence southwesterly,
292.38 feet along the arc of a circular curve, concave northwesterly, having a radius of 224.00 feet,
through a central angle of 74 °47'15" and being subtended by a chord which bears South 58 °56'18" West,
272.07 feet-, thence North 83 040'04" West, a distance of 298.76 feet to the Point of Beginning.
Containing 540,709 square feet or 12.413 acres, more or less.
Subject to easements, restrictions and/or reservations of record.
Bearings based on the Northerly right -of -way line of Wildflower Way, Lely Resort Phase Eight,
according to the plat thereof as recorded in Plat Book 23 at Pages 33 and 34, as being South 83 040'04"
East.
RHODES & RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
John *6tt Rhodes
Professional Surveyor and Mapper -
State of Florida, License Number 5739
NOT VALID WITHOUT THE SIGNATURE AND _
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R &R FILE NO. 2005 -2083 rev
DATE: 03/11/2010
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Page 2 of 3
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Agenda Item No. 17B
July 27, 2010
Page 10 of 13
RESOLUTION NO. 2010-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC -
PL2010 -524, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE
DRAINAGE EASEMENT AND LAKE MAINTENANCE EASEMENT
OVER TRACT C OF CALDECOTT, A SUBDIVISION ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46,
PAGES 52 THROUGH 56 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, SITUATED IN SECTIONS 21 AND
28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA AND MORE SPECIFICALLY DEPICTED AND
DESCRIBED IN EXHIBIT "A ".
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Stock
Development, LLC, requests the vacation of a portion of the Drainage Easement and
Lake Maintenance Easement over Tract C of Caldecott, a subdivision according to the
Plat thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of
Collier County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26
East, Collier County, Florida, and being more specifically depicted and described in
Exhibit "A "; and
WHEREAS, the Board has this day held a public hearing to consider the
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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The County's interest in that portion of the Drainage Easement and Lake
Maintenance 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, and to make proper notation of this vacation on the recorded
plat as referenced above.
This Resolution adopted after motion, second and majority vote favoring same, this
day of 2010.
1 oft
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams S�i I10
Assistant Collier County Attorney
Attachments: EXHIBIT A — Legal Description
Agenda Item No. 17B
July 27, 2010
Page 11 of 13
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
2of2
Agenda Item No. 17B
July 27, 2010
Page 12 of 13
20D • Sunday, July 11, 2010 • 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, July 27, 2010 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed
Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.
COTT, A SUBDIVISION ,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 46, PAGES 52 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, SITUATED IN SECTIONS 21 AND 28, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND MORE SPECIFICALLY DEPICTED AND DE-
SCRIBED IN EXHIBIT "A ".
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested partiesare invited to attend and be heard.
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-
dividual to speak on behalf of an organization or group is encouraged. If recog-
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 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 the public 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
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 to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)
2S2 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By Martha Vergara, Deputy Clerk
(SEAL)
Ldv 11 R 18 . J010 No1R60324
Agenda Item No. 17B
July 27, 2010
Page 13 of 13
Naples Daily News • Sunday, July 18, 2010. 19D,
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, July 27, 2010 in the Boardroom, 3rd Floor,
Administration Building Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed
Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL2010 -524, TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAIN-
AGE EASEMENT AND LAKE MAINTENANCE EASEMENT OVER TRACT C OF CALDE
COTT, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 46, PAGES 52 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, SITUATED IN SECTIONS 21 AND 28, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND MORE SPECIFICALLY DEPICTED AND DE-
SCRIBED IN EXHIBIT 'A'. -
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda iterrl 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-
dividual to speak on behalf of an organization or group is encouraged. If recog-
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 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 the public 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
proceedings pertaining thereto and therefore, may need to ensure that averbatim
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 to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)
'52 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)