Agenda 10/27/2009 Item #17AAgenda Item No. 17A
October 27, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PI-2009-651, to disclaim, renounce and vacate
the County's and the Public's interest in a drainage easement over Tract "CO2", as
designated, and according to the Plat thereof known as "Silver Lakes, Phase Two-F", a
subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Section 10 & 15, Township 51 South, Range 26 East, Collier
County, Florida, and being more specifically described in Exhibit "A".
OBJECTIVE:
To adopt a resolution vacating a drainage easement over Tract "CO2", as designated, and
according to the Plat thereof known as "Silver Lakes, Phase Two-F", a subdivision as recorded
in Plat Book 33, Pages 37 & 38 of the Public Records of Collier County, Florida, situated in
Section 10 & 15, Township 51 South, Range 26 East, Collier County, Florida, and being more
particularly described in Exhibit "A".
CONSIDERATIONS:
Petition VAC-PI-2009-651, has been received by the Engineering and Environmental Services
Department from Kirk Ritchie of McAnly Engineering & Design, Inc. as agent for the Petitioner,
Silver Lakes Property Owners Association of Collier County, requesting the vacation of the
drainage easement over Tract "CO2" in Silver Lakes, Phase Two-F. "This parcel was dedicated
to Collier County, as a drainage easement, by the above mentioned plat. However, after
recording the plat, the Silver Lakes Planned Unit Development documents were revised and
approved by Collier County as Ordinance 05-14, MPUD-Silver Lakes. As a part of this
Ordinance the tract in question was changed from "Tract CO2" (drainage easement) to Tract
"CR" (commonlrecreation area). At this time Conquest Development is applying for County
approval to construct a community pool on this parcel. In order to construct this pool the County
must vacate the drainage easement. There are no drainage ways or structures constructed on
the parcel at this time." The previous quotation is taken from the applicant's revised vacation
application letter dated October 13, 2009.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering and Environmental 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. 17A
October 27, 2009
Page 2 of 10
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 the Resolution for Petition VAC- PL2009 -651, vacating a drainage easement over Tract
"CO2 ", as designated, and according to the Plat thereof known as "Silver Lakes, Phase Two -F ",
a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of, Collier
County, Florida, and being more particularly 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 and Environmental Services Department
u
Page 1 of 2
Agenda Item No. 17A
October 27, 2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 17A
Item Summary: This item was continued from the October 13, 2009 BCC meeting. 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 -
PL2009 -651, to disclaim, renounce and vacate the Countys and the Publics interest in a
drainage easement over Tract CO2, as designated, and according to the Plat thereof known
as Silver Lakes, Phase Two -F, a subdivision as recorded in Plat Book 33, Pages 37 & 38 of
the Public Records of Collier County, Florida, situated in Section 10 & 15, Township 51
South, Range 26 East, Collier County, Florida, and being more specifically described in
Exhibit A.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Stephen Higgins Surveyor Date
Community Development &
CDES Engineering Services 91812009 8:49:41 AM
Environmental Services
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Approved By
Environmental Services Director Date
Environmental Services 9/1412009 12:04 PM
Nick Casalanguida MPO Director
Date
Transportation Services Transportation Planning 9/16/2009 8:10 AM
Approved By
Gerald Kurtz
Transportation Services
Approved By
Senior Engineer
Stormwater Management
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator
Community Development & Community Development &
Environmental Services Environmental Services Admin.
Approved By
Judy Puig
Community Development &
Environmental Services
Approved By
Steven Williams
Attorney's Office
Operations Analyst
Community Development &
Environmental Services Admin.
Assistant County Attorney
Attorney's Office
Date
9/17/2009 1:51 PM
Date
10/1312009 2:30 PM
Date
10/13/2009 3:04 PM
Date
10/14/2009 3:32 PM
fi le: / /C: \AgendaTest \Export\137-October 27,2009\17. SUMMARY AGENDA \17A \17A E... 10/21/2009
Page 2 of 2
Agenda Item No. 17A
October 27, 2009
Page 4 of 10
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/15/2009 9:26 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1 0/1 512009 10:45 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10115/2009 3:06 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
10117/2009 2:40 PM
fi le://C:\AgendaTest\Export\ 13 7 -October 27,2009\1 7. SUMMARY AGENDA \17A \17A E... 10/21/2009
Agenda Item No. 17A
October 27, 2009
McANLY ENGINEERING Pages of 10
- AND DESIGN INC.
_ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING
JULY 22, 2009
LEGAL DESCRIPTION
EASEMENT TO BE VACATED
TRACT CO2 SILVER LAKES PHASE TWO F
COLLIER COUNTY, FLORIDA
BEGINNING AT THE NORTHWEST CORNER OF LOT 39, BLOCK 4, SILVER LAKES, PHASE TWO -F
AS RECORDED IN THE LAND RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33
PAGES 37 AND 38, AND RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID
PLAT N89 020137 11W 14.38' TO THE NORTHWESTERLY CORNER OF TRACT CR6 AS SHOWN ON
SAID PLAT, AND THE POINT OF BEGINNING; THENCE BINDING ON TRACT CR6, S08 030150 "W
39.73'; THENCE S37 001'26 "W 87.19'; THENCE S62 °48'11 "W 54.60'; THENCE N90 000'00 "W
60.381; THENCE N73 000'49 "W 130.381; THENCE N21 034141 11W 107.08' TO THE NORTHERLY
LINE OF SILVER LAKES, PHASE TWO —F; THENCE BINDING ON SAID OUTLINE, S89° 20137 11E
331.43' TO THE POINT OF BEGINNING.
CONTAINING 9"4,-744 SQ FT OR 0.798 ACRES MORE OR LESS
.iE� ^ DESCRQ�'I' i PREPARED BY
�1L�,ZiSM C idC19�3LY
A_??EE3STE$iTION NO. 1543
NOIi y2t%'lp'-W'lTffOUT ORIGINAL SIGNATURE
NOT V[L -ID'W'ITHOUT RAISED SEAL
AVPLAT- PL2009 -651 REV:2
SILVER LAKES PHASE TWO -F
DATE: 814/09
DUE: 8118/09
EXN���T''A`
Pc�c,F 1 of 2
5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109
(239) 593 -3299 FAX (239) 593 -3298
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4• I TRACT "CR6'
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SKETCH TO ACCOMPANY DESCRIPTION
VACATION OF DRAINAGE EASEMENT
SILVER LAKES PHASE TWO-F, TRACT CO2
NOT A SURVEY
io `C
SILVER LAKES, PHASE TWO -D
100' FLORIDA POWER AND LIGHT EASEMENT
TRACT CR7
true, w _ _ S89�D'S F
331.43*
TRACT
(DRAINAGE EASEMENT)
0.796 AC.
�` — _ S90'00'00 "W 60.38' 561
TRACT "CRS'
Ne"o.37'w /09,66'
N69Z0'37'w
109.56
\DIAMOND LAKE CIRCLE
60' RIGHT OF WAY .RIGHT OF WAY
• -- _ -- -- --- -3— IOB. - --
GRAPHIC SCALE
nda Item N
October 27
Page
60 0 30 60 120 240
SEEMS-
( IN FEET )
LEGAL DESCRIPTION: I inch = 60 ft.
BEGINNING AT THE NORTHWEST CORNER OF LOT 39, SILVER LAKES, PHASE TWO —F AS RECORDED IN
THE LAND RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33 PAGES 37 AND 38, AND
RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID PLAT N89'20'37 'W 14,38' TO THE
NORTHWESTERLY CORNER OF TRACT CR6 AS SHOWN ON SAID PLAT, AND THE POINT OF BEGINNING;
THENCE BINDING ON TRACT CR6, S08'30'50 "W 39.73'; THENCE S37'01'26 "W 87.19'; THENCE S52'
48'11 "W 54.60'; THENCE N90'00'00 "W 60.38'; THENCE N73'00'49 "W 130.38'; THENCE N21'34'41 "W
107.08' TO THE NORTHERLY LINE OF SILVER LAKES, PHASE TWO —F; THENCE BINDING ON SAID
OUTLINE, S89' 20'37 "E 331.43' TO THE POINT OF BEGINNING.
CONTAINING 34,744 SO FT OR 0.798 ACRES MORE OR LESS
24.57'
�A
55
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to
NOTES:
ADDRESS: N/A
ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED
ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G.V.D. 1929.
FIRM, PANEL No, 12021C 0615 G INDICATES THIS PROPERTY IS IN ZONE "AE 7,3 NGVD ". -k
BEARINGS ARE BASED ON NORTH LINE OF SILVER LAKES PHASE TWO —F = S89'20'37 "E ;
PARCEL CONTAINS 34,744 S.F. (0.798 ACRES MORE OR LESS). a
THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON
AND NOT TO THE SIGNATURE DATE. �K e5IT 'A ,
CONTRACTOR /OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. (NEW)
NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.)
NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.) ��� Z IF
2
THERE ARE NO ENCROACHMENTS EITHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN.
ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON.
V
2
T
I HEREBY CERTIFY to:
SILVER LAKES PROPERTY ASSOCIATION OF COLLIER COUNTY, INC.
CONQUEST DEVELOPMENT U.S.A.
that on above ground survey of the above described property was made under my direction and that the survey and
sketch ore accurate to the best of my knowledge and belief. I further certify that this survey meets the Minimum
Technical Standards in Section 472.027, Florida Statutes as per Chapter 61G17 -6 of the Florida Administrative Code.
Certification is only for the lands os described. It is not o certification of Title, Zoning, Eese(TTents „FrAedOfrt, from
Encumbrances or construction set bock restrictions. Abstract not reviewed. This Survey is 54114 ct_ tc;- "SirflehAs,
restrictions (including construction setbacks) and reservations of record, x ,
WANLY ENGINEERING K.R. CNCCKED WM. NOT VALI $ A IZ7yTSON-17n. I 8SEA
NOT vALIL SI AND EM"a4SSo. WITH SEAL
AND DESIGN INC. k DATE NOVEMBER 26, 2008 Wil a C. a ly, P.S•u.= #1543
ENGINEERING, PLANNING, LAND SURVEYING PROJECT 88776 Q
AND LANDSCAPE ARCHITECTURE SCALE t' . 60' Bet. W Fi.l,r _ algYlAP{R'?i,-
5435 PARK CENTRAL COURT CORRECTED 01 �af?mDo
NAPLES, FLORIDA 34109 DRAMG Silve— Cvacotwe-
(239) 593 -3299 FAX (239) 591 -3298 nELD BOOK 44439•--•
7A
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60 0 30 60 120 240
SEEMS-
( IN FEET )
LEGAL DESCRIPTION: I inch = 60 ft.
BEGINNING AT THE NORTHWEST CORNER OF LOT 39, SILVER LAKES, PHASE TWO —F AS RECORDED IN
THE LAND RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33 PAGES 37 AND 38, AND
RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID PLAT N89'20'37 'W 14,38' TO THE
NORTHWESTERLY CORNER OF TRACT CR6 AS SHOWN ON SAID PLAT, AND THE POINT OF BEGINNING;
THENCE BINDING ON TRACT CR6, S08'30'50 "W 39.73'; THENCE S37'01'26 "W 87.19'; THENCE S52'
48'11 "W 54.60'; THENCE N90'00'00 "W 60.38'; THENCE N73'00'49 "W 130.38'; THENCE N21'34'41 "W
107.08' TO THE NORTHERLY LINE OF SILVER LAKES, PHASE TWO —F; THENCE BINDING ON SAID
OUTLINE, S89' 20'37 "E 331.43' TO THE POINT OF BEGINNING.
CONTAINING 34,744 SO FT OR 0.798 ACRES MORE OR LESS
24.57'
�A
55
W>
to
NOTES:
ADDRESS: N/A
ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED
ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G.V.D. 1929.
FIRM, PANEL No, 12021C 0615 G INDICATES THIS PROPERTY IS IN ZONE "AE 7,3 NGVD ". -k
BEARINGS ARE BASED ON NORTH LINE OF SILVER LAKES PHASE TWO —F = S89'20'37 "E ;
PARCEL CONTAINS 34,744 S.F. (0.798 ACRES MORE OR LESS). a
THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON
AND NOT TO THE SIGNATURE DATE. �K e5IT 'A ,
CONTRACTOR /OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. (NEW)
NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.)
NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.) ��� Z IF
2
THERE ARE NO ENCROACHMENTS EITHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN.
ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON.
V
2
T
I HEREBY CERTIFY to:
SILVER LAKES PROPERTY ASSOCIATION OF COLLIER COUNTY, INC.
CONQUEST DEVELOPMENT U.S.A.
that on above ground survey of the above described property was made under my direction and that the survey and
sketch ore accurate to the best of my knowledge and belief. I further certify that this survey meets the Minimum
Technical Standards in Section 472.027, Florida Statutes as per Chapter 61G17 -6 of the Florida Administrative Code.
Certification is only for the lands os described. It is not o certification of Title, Zoning, Eese(TTents „FrAedOfrt, from
Encumbrances or construction set bock restrictions. Abstract not reviewed. This Survey is 54114 ct_ tc;- "SirflehAs,
restrictions (including construction setbacks) and reservations of record, x ,
WANLY ENGINEERING K.R. CNCCKED WM. NOT VALI $ A IZ7yTSON-17n. I 8SEA
NOT vALIL SI AND EM"a4SSo. WITH SEAL
AND DESIGN INC. k DATE NOVEMBER 26, 2008 Wil a C. a ly, P.S•u.= #1543
ENGINEERING, PLANNING, LAND SURVEYING PROJECT 88776 Q
AND LANDSCAPE ARCHITECTURE SCALE t' . 60' Bet. W Fi.l,r _ algYlAP{R'?i,-
5435 PARK CENTRAL COURT CORRECTED 01 �af?mDo
NAPLES, FLORIDA 34109 DRAMG Silve— Cvacotwe-
(239) 593 -3299 FAX (239) 591 -3298 nELD BOOK 44439•--•
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Naples Daily News • Sunday, October 4, 2009. 17D
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of
County, Commissioners of Collier County
will hold a public hearing on Tuesday, Oc-
tober 13; 2009 in the Boardroom, 3rd
Floor, Administration Building, Collier
County Government Center; 3301 East Ta-
miami 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!'COUN-
TY COMMISSIONERS, OF COLLIER COUN-
TY, FLORIDA,. RELATING, TO ,.PETITION
VAC- PL2009 -651, , DISCLAIMING, _RE-
NOUNCING;: AND VACATING ,THE COUN-
TY'S AND THE PUBLIC'S INTEREST IN A
DRAINAGE EASEMENT OVER TRACT
".0O2 ", AS DESIGNATED AND ACCORDING
TO THE PLAT THEREOF KNOWN AS "SI-
LVER LAKES, PHASE TWO -F ", A SUBOIVI-
SION`AS RECORDED IN PLAT BOOK 33,
PAGES 37 AND 38 OF THE PUBLIC RE-
CORDS OF COLLIER COUNTY, ,SITUATED
IN SECTIONS 10 &' 15, TOWNSHIP 51
SOUTH, RANGE 26 EAST; COLLIER COUN-
TY, AND MORE SPECIFICALLY DESCRIBED
IN EXHIBIT "A ".
NOTE: All Persons wishing to speak on
any agenda item must , register with the
County Administrator prior to presenta-
tion of the agenda item to be addressed.
Individual speakers will be limited to 3
minutes on any item. The selection of an
individual to speak on behalf of an orga-
nization or group is encouraged. If rec-
ognized 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 graph-
ic materials included in the Board agenda
packets must submit said material a min -
(mum of 3 weeks prior to the respective
public hearing: In any case, written ma-
terials intended to be considered by the
Board shall be submitted to the approppri-
ate 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 re-
cord.
.Any person who decides.to appeal a deci-
sion of the Board will need a record of
the proceedings pertaining thereto and
therefore, may need to ensure that a ver-
batim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who
needs any accommodation in order to
participate in this proceeding; you are en-
titled, at no cost to you, to the provision
of certain assistance. Please contact the
Collier County Facilities Manageme6t De-
partment, located at 3301 Tamiaml -Trail
East, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices
for the hearing impaired are available in
the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA .
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
_-Seot. 27, Oct . 4. 2009 No18182F7
Agenda Item No. 17A
October 27, 2009
Page 8 of 10
Agenda Item No. 17A
October 27, 2009
Page 9 of 10
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION VAC- PL2009 -651,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A
DRAINAGE EASEMENT OVER TRACT "CO2 ", AS
DESIGNATED AND ACCORDING TO THE PLAT
THEREOF KNOWN AS "SILVER LAKES, PHASE
TWO -F ", A SUBDIVISION AS RECORDED IN PLAT
BOOK 33, PAGES 37 THROUGH 38 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, SITUATED IN
SECTIONS 10 & 15, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, AND MORE
SPECIFICALLY DESCRIBED IN EXHIBIT "A ".
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Silver Lakes
Property Owners Association of Collier County, have requested vacation of a drainage easement
over Tract "COT' as designated, and according to the Plat thereof known as "Silver Lakes, Phase
Two -F ", a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of
Collier County, Florida, situated in Sections 10 & 15, Township 51 South, Range 26 East,
Collier County, Florida, as specifically described in Exhibit `A'; and
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 the 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
drainage 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 , 2009.
1 of 2
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal
sufficiency:
1E 7. WA-L
Steven T. Williams
Assistant Collier County Attorney
Agenda Item No. 17A
October 27, 2009
Page 10 of 10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, Chairman
Attachments; EXHIBIT A — Legal Description
2 of 2