Agenda 02/26/2019 Item #17A02/26/2019
EXECUTIVE 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-PL20180001954, to disclaim, renounce and vacate the County and the public interest
in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official
Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde
Phase 2 subdivision, on the south side of Kent Drive, approximately one-half mile north of
Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County,
Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 40-
foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County,
Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south
side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock Road, in Section 18,
Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20180001954 has been received by the Development Review
Division, Growth Management Department from James E. Willis, ESQ., of Willis & Davidow as agent
for the property owner, Holly L. Wood to vacate a portion of the 40 -foot drainage easement, as described
in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot
35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one -
half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier
County, Florida.
According to the Property Appraiser, Holly L. Wood is the fee simple owner of the subject parcel. The
applicant is proposing to vacate an approximately 2-foot x 50-foot portion of the 40-foot drainage
easement located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 plat, in order to allow an
existing pool cage/screen structure to encroach into the drainage easement. The pool/screen enclosure
improvements were completed in the year 2000, which was approximately thirteen (13) years prior to the
applicant’s acquisition of the subject property. The encroachment was recently discovered by means of a
survey conducted in connection with the closing of an attempted sale of the subject property by the
applicant.
The 40-foot easement runs along the rear yard of all single-family lots located on the south side of this
portion of Kent Drive. The drainage easement was conveyed to the County on October 25, 1983, by Arlo
Investments N.V. The purpose of the drainage easement was to install and maintain a swale to collect and
convey stormwater runoff. The County’s Stormwater staff has no objection to the proposed vacation
because it’s a de minimis portion of the drainage easement (just 2 feet of the overall 40 feet) and it won’t
adversely affect the County’s use and maintenance of the easement. Moreover, there is no public
detriment because the easement does not contain any drainage pipes or infrastructure, and the vacation
will not have an adverse impact on drainage or adjacent property owners.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Department, Development Review Division 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 plan impact associated with
this action.
17.A
Packet Pg. 1357
02/26/2019
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of the 40-foot drainage
easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt
resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof,
granted to the County or public by any instrument recorded in the public records of Collier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
when such interest is granted to the County or public by any instrument recorded in the public records
other than on a subdivision plat, when the following criteria are met:
1. Public benefit is established, or no public detriment is established.
2. The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or
County dedicated easement is sought to be extinguished.
This item has been approved as to form and legality, and requires a majority vote for Board approval ---
SAS
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20180001954,
which will vacate the County and the public interest in a portion of the 40-foot drainage easement, as
described in Book 1065, Page 582 of the Official Records of Collier County, Florida, being more
specifically shown in Exhibit A; and direct the Clerk to the Board to record a certified copy of the
Resolution in the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution (PDF)
3. LONO Queens Park Community Services Association (PDF)
4. LONO Stormwater Management Collier County (PDF)
5. OR 1065 pg 582 (PDF)
6. Property Ownership Disclosure Form (PDF)
7. Plat of Phase Two Queens Park at Lago Verde (PDF)
8. Legal Ad - Agenda ID 7740 (PDF)
17.A
Packet Pg. 1358
02/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 7740
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-PL20180001954, to disclaim, renounce and vacate the County and the public
interest in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official
Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2
subdivision, on the south side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock
Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida.
Meeting Date: 02/26/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
01/15/2019 7:46 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/15/2019 7:46 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/15/2019 1:51 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/22/2019 1:23 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 01/28/2019 4:28 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/28/2019 4:54 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 01/29/2019 6:31 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/29/2019 8:51 AM
Growth Management Department James C French Deputy Department Head Review Skipped 01/29/2019 8:38 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2019 4:53 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/04/2019 9:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/04/2019 10:47 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/04/2019 1:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/07/2019 1:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/18/2019 8:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
17.A
Packet Pg. 1359
17.A.1
Packet Pg. 1360 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.1
Packet Pg. 1361 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.1
Packet Pg. 1362 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.1
Packet Pg. 1363 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.1
Packet Pg. 1364 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.2
Packet Pg. 1365 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.2
Packet Pg. 1366 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.2
Packet Pg. 1367 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.2Packet Pg. 1368Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde)
Qreens Par} Cormunity
.ro Gll fdi.r Propcrty M.rryc5c!6 67N L.D Ork Btr4 N+L.i n. :|.l(D
Td.pbon : 2!9Sl+7$2 / Frr: 23$51{-159
CERl]I,'II],O RETURN RUCEI P]'
Noveorber 2?. 2018
Qrc.D3 PrIt Commudty Scrviccs Asrociation, lnc-
.lo G[rdi.D Prop.rty MaDrgcEe4 kE.
6704 LorE Oit -Blvd,, Naplec, FL 3a109
Ra VrcrtirS Applicraiotr for QUEENS IARK AT IiGO l'EBI)f, PrASD tr IIIT 35
To Whom It May C0nc6n;
lve repaqrent tlrc Oovcming Board of Dirccroas for tic Quecag Pork ConEulity S€rvioer
Asroci.rioE, I!c., which eocompures Qr:ccns Plrk al Lago Vcrdr PlEs tr lot 35.
Wc funlrcr understand tbe r.qu€st to va4are the 2 fc€t ofexisting drairEge elremml that dle pool
cagc eucroac,hes.
We 8l3o urd€r{lnd that dtig vicdion will havc oo adl,rrsc elfrct in rbc draimgc ofwattr ffom
rhe comrunity. Thcrcfore, wc bavc 'ho objcclioo" to $c Fopos.d prdial vacatioD.
Troy Miller
keside ofThe Board ofDirector*
Queans Park Colllnunity Servi.€r Asioci.rioq lrc.
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17.A.3
Packet Pg. 1369 Attachment: LONO Queens Park Community Services Association (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.4
Packet Pg. 1370 Attachment: LONO Stormwater Management Collier County (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.5
Packet Pg. 1371 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.5
Packet Pg. 1372 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.5
Packet Pg. 1373 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde)
Co C,ounty
COTTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
!uww.colliergorr.net
28OO NORTH HORSESHOE DRIVE
NAPTES, FLORIDA 34104
(2391 252-2400 FAx: (239) 2s2-53s8
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters,
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplementaldisclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percent of such interest:
percenta e of stock owned b each:
lf the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
c
Name and Address % of Ownership
a5-b tlo nl DE Nanbs 34112
\q c)
Name and Address % of Ownership
created 9/28/20t7 Page 1of 3
b. lf the property is owned by a CORPORATION, list the officers and stockholders and the
17.A.6
Packet Pg. 1374 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde)
Coutrty
COTLIER COUNW GOVERNMENT
GROWIH MANAGEMENT DEPARTMENT
www.collierqov,net
28OO NORTH HORSESHOE ORIVE
NAPtES, FLORIDA 34104
(239! 2s2-2400 FAx: (239) 2s2-6358
e
d. lf the property is in the name of a GENERAL or LIMITED PARTNERSHIP, listthenameof the
general a nd/or limited a rtn e rs:
lf there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, lncluding the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of contract:
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a cor oration,artnership, or trust:
g. Date subject property acquired
Name and Address % of Ownership
Name and Address
cIeated 9/28/2077 Page 2 of 3
I
3'^ tl;'otX
! Leased: Term of lease
-
years /months
lf, Petitioner has option to buy, indicate the following:
17.A.6
Packet Pg. 1375 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde)
C-oulrrty
28OO NORTH HORSESHOE DRIVE
NAPLES, FI.ORIDA 34104
(2391 2s2-2400 FAx: (239) 252-53s8
Date option terminates: , or
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition's final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted toi
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
rtfp'tbar&
ns""t@*'{C""x,*
+lr>ltu &roDCL
b-a-o
Date
agent/dwnJr Name (please print)
Created 9/28/2017
COTLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collierEov.net
Date of option: _
Anticipated closing date: _
Page 3 of 3
17.A.6
Packet Pg. 1376 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.7Packet Pg. 1377Attachment: Plat of Phase Two Queens Park at Lago Verde (7740 : VAC-Lot 35 Queens Park at Lago
17.A.7Packet Pg. 1378Attachment: Plat of Phase Two Queens Park at Lago Verde (7740 : VAC-Lot 35 Queens Park at Lago
17.A.8
Packet Pg. 1379 Attachment: Legal Ad - Agenda ID 7740 (7740 : VAC-Lot 35 Queens Park at Lago Verde)
17.A.8
Packet Pg. 1380 Attachment: Legal Ad - Agenda ID 7740 (7740 : VAC-Lot 35 Queens Park at Lago Verde)