Agenda 06/25/2019 Item #17C (Vacation of Drainage Easement)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-PL20190000440, to disclaim, renounce and vacate the County and the public interest
in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the
public records of Collier County, Florida, located approximately two thirds of a mile southwest of
U.S. 41 (Tamiami Trail East) in Section 24, Township 50 South, Range 25 East, Collier County,
Florida. (This is a companion to Agenda Item 16.A.1)
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the
drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier
County, Florida, located in Section 24, Township 50 South, Range 25 East, Collier County, Florida.
CONSIDERATIONS: Petition VAC-PL20190000440 has been received by the Development Review
Division, Growth Management Department from Chris Van Buskirk, of Barraco and Associates, Inc., as
agent for the property owner, to vacate a portion of the drainage easement as recorded in Official Record
Book 4385, Page 3675 of the public records of Collier County, Florida, located in Section 24, Township
50 South, Range 25 East, Collier County, Florida.
The portion of the easement to be vacated on the western side of the canal maintains sufficient room to
access the canal at approximately 26 feet of width to the edge of water including a 12-foot wide paved path. The
requested easement vacation does not adversely affect the ability of Collier County to exercise their rights
of the recorded easement.
In conjunction with the easement vacation, the applicant will provide additional drainage easements to
Collier County over the expanded areas of the Lely Canal. These expanded easement areas will provide
Collier County with additional easement area over the drainage conveyance and provide for i mproved
access to the existing drainage easement. In addition to the expanded easement areas, the applicant will
also provide Collier County additional access easements over and across previously platted common area
tracts to connect existing platted Right-of-Way tracts to the Lely Canal Drainage Easement. This will
provide for improved and defined access for Collier County to the Lely Canal Drainage Easement. The
expansion of Collier County’s rights creates a public benefit as a result of this easement va cation and
subsequent expansion of the easement areas and access rights to Collier County. The attached Letter from
the applicant indicates that the applicant has committed to granting these easements to Collier County.
There are no known County drainage facilities or pipes within the existing drainage easement proposed to
be vacated. There is an expanded canal area in the easement grant area.
The Development Review Division has reviewed this petition and found no reason for objection.
An E-mail of No Objection was received from Amy Patterson, Director, Capitol Project Planning, Impact
Fees, and Program Management Division.
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.
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06/25/2019
LEGAL CONSIDERATIONS: Petitioner is requesting to vacate a portion of the drainage easement as
recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida,
located approximately two thirds of a mile southwest of U.S. 41 (Tamiami Trail East) in Section 24,
Township 50 South, Range 25 East, Collier County, Florida, as further described in Exhibit A to the
attached Resolution.
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-PL20190000440,
which will vacate the County and the public interest in a portion of the drainage easement as recorded in
Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located in Section
24, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit
A, and directs the Clerk to the Board to record a certified copy of the Resolution in the public records and
to make proper notation of this Resolution on the plat of Isles of Collier Preserve Phase 13, as recorded in
Plat Book 65, Pages 81-85 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 (PDF)
2. Application (PDF)
3. LONO Email from Amy Patterson (PDF)
4. Resolution - 052319(2) (PDF)
5. OR 4385 pg 3675 Drainage Easement (PDF)
6. ICP Easement Grant Ltr (PDF)
7. Property Ownership Disclosure Form (PDF)
8. Location-Site Map (PDF)
9. Legal Ad - Agenda ID 8995 - 1 of 2 (PDF)
10. Legal Ad - Agenda ID 8995 - 2 of 2 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 8995
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-PL20190000440, to disclaim, renounce and vacate the County and the public
interest in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the
public records of Collier County, Florida, located approximately two thirds of a mile southwest of U.S. 41
(Tamiami Trail East) in Section 24, Township 50 South, Range 25 East, Collier County, Florida. (This is
a companion to Agenda Item 16.A.1)
Meeting Date: 06/25/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
05/23/2019 8:17 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/23/2019 8:17 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2019 1:24 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/24/2019 9:11 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/24/2019 11:36 AM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/28/2019 9:33 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/28/2019 2:48 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/28/2019 4:06 PM
Growth Management Department James C French Deputy Department Head Review Skipped 05/28/2019 5:54 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2019 3:26 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/14/2019 4:51 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/14/2019 4:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 8:49 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/17/2019 10:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2019 11:10 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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PL20190000440
17.C.1
Packet Pg. 2737 Attachment: Affidavit (8995 : VAC-Isles of Collier Preserve)
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.C.2
Packet Pg. 2738 Attachment: Application (8995 : VAC-Isles of Collier Preserve)3424 0337
Brian Cale, P.E., Minto Sabal Bay, LLC
4042 Park Oaks Blvd., Ste 450 Tampa FL 33610
(813)342-3838 N/A (813)342-3831
BCale@mintofla.com
Chris Van Buskirk
Barraco and Associates, Inc.
2271 McGregor Blvd., Suite 100 Fort Myers FL 33901
(239)461-3170 (239)633-6286 (239)461-3169
ChrisV@Barraco.net
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.
17.C.2
Packet Pg. 2739 Attachment: Application (8995 : VAC-Isles of Collier Preserve)Vacation of a portion of drainage easement to be replaced with additional easement area in a new proposed location
None Assigned
ISLES OF COLLIER PRESERVE PHASE 2 TRACT F-2
24 50 25
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
17.C.2
Packet Pg. 2740 Attachment: Application (8995 : VAC-Isles of Collier Preserve)4
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17.C.2
Packet Pg. 2741 Attachment: Application (8995 : VAC-Isles of Collier Preserve)
From: PattersonAmy
Sent: Wednesday, May 1, 2019 9:28 AM
To: Michael Elgin; McLeanMatthew; FrenchJames; KurtzGerald; OrthRichard;
RosenblumBrett; BermanMarcus
Cc: Julie Danielewski; 'Chris Van Buskirk'
Subject: RE: ICP Easement Grant.
Good morning All:
This email will serve as a Letter of No Objection for the proposed Isles of Collier Preserve Easement
Vacation (PL 20190000440). Due to the commitments by the applicant/developer to provide additional
easements to improve and define access to the existing drainage easements and that an adequate
maintenance travelway will remain, including necessary setbacks from the travelway for any structures,
the Stormwater Management Section does no object to the proposed vacation.
In addition, Stormwater staff will work with the developer to clarify maintenance responsibilities for the
Lely Main Canal and structures, as generally outlined in the original Developer Contribution Agreement
(DCA) and its companion Agreement for the subject property (formerly Sabal Bay).
Should you need any additional information, please let me know.
Thank you,
Amy
Amy Patterson
Director, Capital Project Planning, Impact Fees and Program Management
2685 South Horseshoe Drive, Unit 103
Naples, FL 34104
239-252-5721
From: Michael Elgin <MElgin@mintousa.com>
Sent: Thursday, April 25, 2019 1:53 PM
To: PattersonAmy <Amy.Patterson@colliercountyfl.gov>; McLeanMatthew
<Matthew.McLean@colliercountyfl.gov>
Cc: Julie Danielewski <JulieD@barraco.net>; 'Chris Van Buskirk' <ChrisV@barraco.net>
Subject: ICP Easement Grant.
Amy / Matt,
Thanks for your time earlier this week.
For your review. Attached is the revised proposed Grant areas that will improve access and continuity
to access for the existing easement. Let me know if you have any questions or are in agreement so that
I can prepare the sketch and legal.
17.C.3
Packet Pg. 2742 Attachment: LONO Email from Amy Patterson (8995 : VAC-Isles of Collier Preserve)
Barraco is prepared for the Easement Vacation Application resubmittal. A draft comment letter is
attached for your review. Upon receipt of the letter of no objection, the Easement Vacation resubmittal
can be made.
Let me know if you have any additional questions.
Michael Elgin
Director of Community Development
MINTO COMMUNITIES - USA
4280 Tamiami Trail E, Ste 203/204, Naples, FL, 34112
T 239.896.1402 | C 239.351.6951
A division of The Minto Group
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
17.C.3
Packet Pg. 2743 Attachment: LONO Email from Amy Patterson (8995 : VAC-Isles of Collier Preserve)
17.C.4
Packet Pg. 2744 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2745 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2746 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve)
17.C.4Packet Pg. 2747Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve)
YIDITV!IlRlH I ESTAlES e LOCATION MAP VAC-PL20190000440 Prepared by: Marcus L. Bennan P.S.M. CounD-Land Surveyor Florida Surveyor & Mapper LS 5086 Growth Management Department Development Review Division 2800 North Horseshoe Drive, Naples Florida 34104 H:\Pianning and Regulation\Engineering Department\Engineeting Folders\ACAD SURVEY DRAWINGS\Isles of Collier Preserve\Location-Site Map X.dwg, Model, S/15/2019 12:30:49 PM ~ \\~ ISlES OF COlliER PRESERVE PHASE 2 PlAT BOOK 56, PAGE BO TRACT " TRACT P SITE MAP 17.C.4Packet Pg. 2748Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2749 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2750 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2751 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2752 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2753 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2754 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2755 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2756 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2757 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2758 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2759 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2760 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2761 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2762 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2763 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2764 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2765 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2766 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2767 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2768 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2769 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2770 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2771 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve)
May 21, 2019
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
Re: Isles of Collier Preserve - Easement Vacation (PL20190000440)
Dear Commissioners:
In conjunction with the referenced easement vacation, the applicant will provide
additional drainage easements to Collier County over the expanded areas of the Lely
Canal. These expanded easement areas, will provide Collier County with add itional
easement area over the drainage conveyance and provide for improved access to
the existing drainage easement. In addition to the expanded easement areas, the
applicant will also provide Collier County additional access easements over and
across previously platted common area tracts to connect existing platted Right of
Way tracts to the Lely Canal Drainage easement. This will provide for improved and
defined access for Collier County to the Lely Canal Drainage Easement. The
expansion of Collier County’s rights creates a public benefit as a result of this
easement vacation and subsequent expansion of the easement areas and access
rights to Collier County.
Should you have any questions or concerns in this regard, please advise. Thank you.
Sincerely,
Minto Sabal Bay, LLC
Brian Cale, P.E.
Vice President of Land Development
17.C.6
Packet Pg. 2772 Attachment: ICP Easement Grant Ltr (8995 : VAC-Isles of Collier Preserve)
17.C.7
Packet Pg. 2773 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2774 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve)
17.C.7
Packet Pg. 2775 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve)
17.C.8
Packet Pg. 2776 Attachment: Location-Site Map (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2777 Attachment: Legal Ad - Agenda ID 8995 - 1 of 2 (8995 : VAC-Isles of Collier Preserve)
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Packet Pg. 2778 Attachment: Legal Ad - Agenda ID 8995 - 2 of 2 (8995 : VAC-Isles of Collier Preserve)