Agenda 06/25/2019 Item #17A (Vacation Easement - Naples Heritage Golf & Country Club)06/25/2019
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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a
Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase
One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property
is located approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50
South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B)
OBJECTIVE: To adopt a Resolution to vacate a portion of Tract C1, a Conservation and Buffer
Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of
the Public Records of Collier County, Florida, located in Sections 4 and 9, Township 50 South, Range 26
East, Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20190000439 has been received by the Development Review
Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent
for the applicant, Naples Heritage Community Development District, to vacate a portion of Tract C1,
Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One,
Plat Book 26, page 73 of the Public Records of Collier County, Florida, as further described in Exhibit A
to the attached Resolution.
According to the plat, Tract C1, a Conservation and Buffer Easement, was dedicated to the County
without maintenance responsibility, and dedicated to Naples Heritage Golf and Country Club, Inc., with
maintenance responsibility. According to the Quit-Claim Deed dated January 8, 1999, recorded in O.R.
Book 2507, Page 2235, Naples Heritage Community Development District is fee simple owner of the
subject property.
The Naples Heritage Golf & Country Club is proposing to vacate a portion of Tract C-1 of the Naples
Heritage Golf & Country Club Phase One Plat in order to relocate their tennis center facility from the
main clubhouse campus. Due to changes over the past 20 years for this Club, the demographics of the
members have changed, and the main clubhouse campus can no longer provide the space needed to
accommodate all the activities that are available for the members. When the project was built in the late
1990s, golf was the primary amenity at the club. Present day demographic is more active and plays
tennis, uses the fitness center and the swimming pool more than when the club was constructed. This has
created a parking issue during the seasonal months at the club. The tennis center has seen a 500% increase
in participation. The relocation of this tennis center will allow the club to continue to provide all its
amenities and alleviate a parking issue during the season at the clubhouse. This parking issue has been
witnessed by the local fire department, and they have spoken to the club about the issue and the need for
it to be addressed.
The public benefit of vacating this Conservation and Buffer easement to allow the relocation of the tennis
center, which would alleviate the parking issues on the clubhouse site. Removing the tennis center would
allow the addition of 69 spaces to the clubhouse site for a total of 262 spaces. The new tennis center
would also have 20 spaces and golf cart parking at its new facility, which is adjacent to the existing
driving range. This would alleviate the safety concerns of the parking of cars along the club entry drive
which hinders first responders when there is a call to the site.
No replacement easement is required because the project contains excess conservation areas.
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Naples Heritage Golf and Country Club, Inc., and the Naples Heritage Community Development District
have provided a letter of no objection to this request.
The vacation will not affect access to any properties within the subject plat.
The Development Review Division has reviewed this petition and found no reason for objection.
As a condition of approval, the South Florida Water Management District needed to issue a release of
easement of the 2.87 acres +/- Conservation and Buffer Easement which was scheduled to be heard by the
South Florida Water Management District Board on June 13, 2019. The South Florida Water
Management District Board issued the release of easement on June 13, 2019.
FISCAL IMPACT: The 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.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of Tract C1, a
Conservation and Buffer Easement, of Naples Heritage Golf and Country Club Phase One, Plat Book 26,
Page 73 of the Public Records of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions
vacating plats in whole or in part of subdivisions in Collier County, returning the property covered by
such plats either in whole or in part into acreage, when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established
2. The vacation will not affect the ownership or right of convenient access of persons owning other
parts of the subdivision.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAA
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20190000439,
which will vacate a portion of Tract C1, a Conservation and Buffer Easement, of Naples Heritage Golf
and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida,
located in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida, being more
specifically shown in Exhibit A, direct the Clerk to the Board to record a certified copy of the Resolution
in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the
plat of Naples Heritage Golf and Country Club, Phase One, as recorded in Plat Book 26, Page 73, of the
public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Affidavit of Authorization (PDF)
2. Application (PDF)
3. Resolution - 051619(2) (PDF)
4. LONO Naples Heritage CDD (PDF)
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5. LONO Naples Heritage G&CC Inc (PDF)
6. Plat-Naples Heritage G&CC Phase One (PDF)
7. Location Map of Easements being vacatedr1 (PDF)
8. Property Ownership Disclosure Form (PDF)
9. Legal Ad - Agenda ID 8990 - 1 of 2 (PDF)
10. 181212-2 partial release of conservation easement - Naples Heritage (PDF)
11. Legal Ad - Agenda ID 8990 - 2 of 2 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 8990
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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a
Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One,
Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located
approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South, Range 26
East, Collier County, Florida. (This is a companion to Agenda Item 17.B)
Meeting Date: 06/25/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
05/20/2019 11:11 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/20/2019 11:11 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/20/2019 11:30 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/22/2019 5:02 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/24/2019 9:07 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/28/2019 2:47 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/31/2019 10:15 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/31/2019 3:27 PM
Growth Management Department James C French Deputy Department Head Review Completed 05/31/2019 5:28 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/17/2019 3:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 4:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 4:47 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/18/2019 7:54 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/19/2019 12:55 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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PL2019000043917.A.1Packet Pg. 2667Attachment: Affidavit of Authorization (8990 : VAC-Naples Heritage)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 10/27/2017 Page 1 of 5
APPLICATION FOR VACATING
Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code
AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________
AVPLAT- Vacation of Plats or portions of plats of subdivided land
Plat Book: ______________________________ Page(s): _______________________________
AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the
public records (other than on a subdivision plat), platted or unplatted land, except for public roads.
Official Record Book: ___________________________ Page(s): _________________________
PETITION NO (PL)
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Property Owner: ___________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
Name of Agent: ____________________________________________________________________________
Firm: _____________________________________________________________________________________
Address: __________________________________City: ________________ State: ________ ZIP: __________
Telephone: _______________________ Cell: _________________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________________
For Staff Use
17.A.2
Packet Pg. 2668 Attachment: Application (8990 : VAC-Naples Heritage)26 73-80
Naples Heritage Community Development District
210 N UNIVERSITY DR STE 702 CORAL SPRINGS FL 33071
239-793-1417
PLEL1988@YAHOO.COM
GINA R. GREEN, P.E.
GINA R. GREEN, P.A.
3310 1ST AVE NW NAPLES FL 34120
239-348-0500 239-229-6238 866-720-4823
GGREENENG@AOL.COM
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 10/27/2017 Page 2 of 5
PROPERTY INFORMATION
Reason for Request: _________________________________________________________________________
Address of Subject Property: __________________________________________________________________
Legal Description: ___________________________________________________________________________
Section: _______ Township: _______ Range: _______
Current Zoning: __________________________ Will this affect density? ______________________________
NOTE:
1) If applicant is a land trust, indicate the name of beneficiaries.
2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major
stockholders.
3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the
principals.
4) List all other owners.
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Packet Pg. 2669 Attachment: Application (8990 : VAC-Naples Heritage)VACATE CONSERVATION & Buffer EASEMENT TO CONSTRUCT A NEW TENNIS FACILITY
8349 NAPLES HERITAGE DRIVE, NAPLES 34112
A PORTION OF TRACT C1, NAPLES HERITAGE GCC PHASE 1
3 50 26
PUD NO
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 10/27/2017 Page 3 of 5
SUBMITTAL REQUIREMENTS CHECKLIST
This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
For further explanation regarding the requirements for the Vacating Application, and the below checklist,
refer to Resolution 2013-166.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)1
Addressing Checklist signed by Addressing Department 1
CD of complete application and all submittal documents in PDF format 1
Fee Simple Deed 1
Statement explaining the general public benefit received from the proposed vacation 1
Certificate showing all State and County taxes have been paid for subject parcel 1
Assessment map depicting area of proposed vacation 1
List of abutting and other property owners within 250 feet of the proposed vacation including their
address, and parcel number 1
Site Plan on 8 ½ in. x 11 in. paper 1
Legal Description, signed with raised seal, of what is to be vacated on 8 ½ in. x 11 in. paper and
labeled (in bold: “Exhibit A”) – Please submit hard Originals to Client Services 3
Signed with raised seal sketch of the legal description – Please submit hard Originals to Client
Services
3
Copy of the recorded subdivision plat, if applicable 1
Letter Authorizing representation, if the applicant isn’t the owner 1
Affidavit of Authorization, signed and sealed 1
Replacement easement documentations, if applicable 3
If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or
ownership & encumbrance report by a title company 1
A copy of document that granted, conveyed or dedicated the easement to the County or public, for
Vacation of Easement only
1
Copy of document which granted, conveyed or dedicated the right-of-way to the county or public, for
Vacation of Right-of-Way only 1
Letters of No Objection, from each of the following, as applicable: (addresses may not be current)
Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL
34102. (239) 262-1322
Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105.
(239) 263-6234
Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL
34112. (239)774-4434.
Greater Naples Fire Rescue District: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119.
(239) 348-7540
North Collier Fire Control and Rescue District: ATTN: Fire Prevention Bureau and Support Services,
6495 Taylor Road, Naples, FL 34109. (239) 597-9227
Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990.
(239) 574-2020
Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913.
(239) 432-1805.
Adjacent Property Owners
Homeowners Association
1
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Packet Pg. 2670 Attachment: Application (8990 : VAC-Naples Heritage)4
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Rev. 10/27/2017 Page 4 of 5
FEE REQUIREMENTS
Application Fee: $2,000.00
Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the
time of submittal)
o AVROW: $700.00
o AVPLAT: $1000.00
o AVESMT: $1000.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department/Development Review Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
______________________________________________________
Applicant/Agent Signature Date
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Packet Pg. 2671 Attachment: Application (8990 : VAC-Naples Heritage)2/15/19
4
4
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Packet Pg. 2672 Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage)
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Packet Pg. 2673 Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage)
17.A.3Packet Pg. 2674Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage)
17.A.3Packet Pg. 2675Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage)
17.A.4Packet Pg. 2676Attachment: LONO Naples Heritage CDD (8990 : VAC-Naples Heritage)
17.A.5Packet Pg. 2677Attachment: LONO Naples Heritage G&CC Inc (8990 : VAC-Naples Heritage)
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Packet Pg. 2678 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2679 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2680 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2681 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2682 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2683 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2684 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2685 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage)
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Packet Pg. 2686 Attachment: Location Map of Easements being vacatedr1 (8990 : VAC-Naples Heritage)
17.A.8Packet Pg. 2687Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage)
17.A.8Packet Pg. 2688Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage)
17.A.8Packet Pg. 2689Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage)
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Packet Pg. 2690 Attachment: Legal Ad - Agenda ID 8990 - 1 of 2 (8990 : VAC-Naples Heritage)
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Packet Pg. 2691 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10
Packet Pg. 2692 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10
Packet Pg. 2693 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10
Packet Pg. 2694 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10
Packet Pg. 2695 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10Packet Pg. 2696Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
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Packet Pg. 2697 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
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Packet Pg. 2698 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
17.A.10Packet Pg. 2699Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage)
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Packet Pg. 2700 Attachment: Legal Ad - Agenda ID 8990 - 2 of 2 (8990 : VAC-Naples Heritage)