Agenda 12/08/2020 Item #17A (Resolution - Vacation CCWSD Utility Easement)12/08/2020
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 PL20200001888, to disclaim, renounce and vacate the County, Collier County Water-
Sewer District, and the public interest in a portion of the Utility Easement, as recorded in Official
Record Book 5653, Page 2811 of the public records of Collier County, Florida, located in the
Northeast quadrant of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Section 23,
Township 48 South, Range 26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County, Collier County Water-Sewer District, and
the public interest in a portion of the Utility Easement, as recorded in Official Record Book 5653, Page
2811 of the public records of Collier County, Florida, located in Section 23, Township 48 South, Range
26 East, Collier County, Florida, being more specifically shown in Exhibit “A”.
CONSIDERATIONS: Petition PL20200001888 has been received by the Development Review
Division, Growth Management Department from Kyle Goodwin, P.E., of Stantec Consulting Services,
Inc., as agent for the property owner, to vacate a portion of the Utility Easement, as recorded in Official
Record Book 5653, Page 2811 of the public records of Collier County, Florida, located in Section 23,
Township 48 South, Range 26 East, Collier County, Florida.
The property owner (Collier County) for the Heritage Bay Government Center Phase One project has
filed a petition to Collier County requesting a portion of an existing Collier County and Collier County
Water-Sewer District utility easement to be vacated from their property. The existing Collier County
Master Pump Station (MPS) 167.00 Utility Easement (Utility Easement), recorded under OR Book 5653,
Page 2811, was originally designed to accommodate a larger wastewater pump station and emergency
generator staging area that would support the region and be entirely owned and maintained by Collier
County and the Collier County Water-Sewer District. However, through planning and design for (MPS)
167.00, it was determined that the project did not need to utilize the full Utility Easement and was
constructed only using approximately half of the Utility Easement. This easement can be reduced in size
to only accommodate the existing (MPS) 167.00. Vacating this portion of the easement will eliminate the
unnecessary encroachment into the subject property and its impact with the future building development
area for the Heritage Bay Government Center project.
The proposed vacation will not pose any adverse impacts to the adjacent property owners, the public,
Collier County Water-Sewer District, or Collier County operations in maintaining, repairing, or replacing
any public infrastructure that is encompassed by the remaining Collier County and Collier County Water -
Sewer District utility easement.
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.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of the Utility
Easement, as recorded in Official Record Book 5653, Page 2811 of the public records o f Collier County,
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Florida, located in Section 23, Township 48 South, Range 26 East, Collier County, Florida, being more
specifically shown in Exhibits “A” and “B” of the Resolution.
Pursuant to Resolution 2013-166 and Florida Statutes Section 125.01, 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.
Such requests will be granted as long as the public benefit is established, or no public detriment is
established.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
DDP
RECOMMENDATION: To approve the attached Resolution, relating to Petition PL20200001888,
vacating the County, Collier County Water-Sewer District, and the public interest in a portion of the
Utility Easement, as recorded in Official Record Book 5653, Page 2811 of the public records of Collier
County, Florida, located in Section 23, Township 48 South, Range 26 East, 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. Affidavit of Authorization (PDF)
2. Resolution - 110920(2) (PDF)
3. Plat of Heritage Bay Commons (PDF)
4. OR Book 5653 pg 2811 CUE (PDF)
5. Application (PDF)
6. Property Owner Disclosure Form (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 14152
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 PL20200001888, to disclaim, renounce and vacate the County, Collier County Water -
Sewer District, and the public interest in a portion of the Utility Easement, as recorded in Official Record
Book 5653, Page 2811 of the public records of Collier County, Florida, located in the Northeast quadrant
of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Section 23, Township 48 South,
Range 26 East, Collier County, Florida.
Meeting Date: 12/08/2020
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/04/2020 7:00 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
11/04/2020 7:00 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/04/2020 7:58 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/04/2020 9:26 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/04/2020 10:30 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 11/04/2020 1:40 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/05/2020 3:27 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/05/2020 4:19 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/06/2020 9:21 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/10/2020 10:31 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/10/2020 10:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/10/2020 4:15 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/12/2020 9:33 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2020 2:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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17.A.1
Packet Pg. 3708 Attachment: Affidavit of Authorization (14152 : VAC-Heritage Bay - Gov't Center)
17.A.2
Packet Pg. 3709 Attachment: Resolution - 110920(2) (14152 : VAC-Heritage Bay - Gov't Center)
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Packet Pg. 3710 Attachment: Resolution - 110920(2) (14152 : VAC-Heritage Bay - Gov't Center)
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Packet Pg. 3711 Attachment: Resolution - 110920(2) (14152 : VAC-Heritage Bay - Gov't Center)
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Packet Pg. 3712 Attachment: Resolution - 110920(2) (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3713Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3714Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3715Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3716Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3717Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3718Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3719Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3720Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
17.A.3Packet Pg. 3721Attachment: Plat of Heritage Bay Commons (14152 : VAC-Heritage Bay - Gov't Center)
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Packet Pg. 3722 Attachment: OR Book 5653 pg 2811 CUE (14152 : VAC-Heritage Bay - Gov't Center)
17.A.4Packet Pg. 3723Attachment: OR Book 5653 pg 2811 CUE (14152 : VAC-Heritage Bay - Gov't Center)
17.A.5Packet Pg. 3724Attachment: Application (14152 : VAC-Heritage Bay - Gov't Center)
17.A.5Packet Pg. 3725Attachment: Application (14152 : VAC-Heritage Bay - Gov't Center)
17.A.5Packet Pg. 3726Attachment: Application (14152 : VAC-Heritage Bay - Gov't Center)
17.A.6Packet Pg. 3727Attachment: Property Owner Disclosure Form (14152 : VAC-Heritage Bay - Gov't Center)
17.A.6Packet Pg. 3728Attachment: Property Owner Disclosure Form (14152 : VAC-Heritage Bay - Gov't Center)
17.A.6Packet Pg. 3729Attachment: Property Owner Disclosure Form (14152 : VAC-Heritage Bay - Gov't Center)