Agenda 01/12/2021 Item #17B (PL20200001556)01/12/2021
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 PL20200001556, to disclaim, renounce and vacate the County and the public interest in a
portion of the 50-foot drainage easement located in Tract B of Marco Shores Unit One, as recorded
in Plat Book 14, Page 33 of the public records of Collier County, Florida, located in Section 26,
Township 51 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of an
additional drainage easement to replace the vacated drainage easement.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 50-
foot drainage easement located in Tract B of Marco Shores Unit One, as recorded in Plat Book 14, Page
33 of the public records of Collier County, Florida, located in Section 26, Township 51 South, Range 26
East, Collier County, Florida, being more specifically shown in the attached resolution’s sketch and legal
description, Exhibit “A”, and to accept Petitioner’s grant of an additional drainage easement to replace the
vacated drainage easement.
CONSIDERATIONS: Petition PL20200001556 has been received by the Development Review
Division, Growth Management Department from David Hurst, P.E., of Peninsula Engineering, as agent
for the property owner, to vacate a portion of the 50-foot drainage easement located in Tract B of Marco
Shores Unit One, as recorded in Plat Book 14, Page 33 of the public records of Collier County, Florida,
located in Section 26, Township 51 South, Range 26 East, Collier County, Florida.
The part of the existing drainage easement that will be vacated is the easement area that fall s outside the
easterly boundary of the new 55-foot drainage easement. This area is approximately 3,276 square feet,
and it is shown on the attached resolution’s sketch and legal description, Exhibit “A”. A new 55-foot
wide drainage easement will be created by encompassing the remaining area of the existing 50-foot
drainage easement and recording a new drainage easement area located west of the westerly boundary of
the existing easement. This new drainage easement area is approximately 3,396 square feet, a nd it is
shown on the proposed drainage easement’s sketch and legal description, Exhibit “A”.
The reason for vacating a section of the existing easement and recording a new easement area is to
provide a 55-foot wide drainage easement that encompasses the actual location of the existing outfall
ditch and weir. Currently, the existing 50-foot drainage easement is outside of the area of the existing
outfall ditch and weir for which the easement was intended.
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 a 50-foot drainage
easement located in Tract B of Marco Shores Unit One, as recorded in Plat Book 14, Page 33 of the
public records of Collier County, Florida, shown in the attached resolution’s sketch and legal description,
Exhibit “A”.
17.B
Packet Pg. 1956
01/12/2021
Pursuant to Resolution 2013-166 and Section 177.101, Florida Statutes, 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 request does not invade or violate individual property rights.
3. The Petitioner owns the fee simple title to the whole or that part of the tract covered by the plat
sought to be vacated.
4. 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. -
DDP
RECOMMENDATION: To approve the attached Resolution, relating to Petition PL20200001556,
which will vacate the County and the public interest in a portion of the 50 -foot drainage easement located
in Tract B of Marco Shores Unit One, as recorded in Plat Book 14, Page 33 of the public records of
Collier County, Florida, located in Section 26, Township 51 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A, accept the Petitioner’s grant of an additional
drainage easement to replace the vacated drainage easement, and direct the Clerk to the Board to record a
certified copy of the Resolution in the public records and to make a proper notation of this Resolution on
the plat of Marco Shores Unit One, as recorded in Plat Book 14, Page 33 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. Resolution - 120120 (PDF)
2. Application (PDF)
3. Drainage Easement Approved (PDF)
4. Property Ownership Disclosure Form-Revised with additional info (PDF)
5. Plat of Marco Shores Unit One (PDF)
6. Special Warranty Deed-Ownership (PDF)
7. LONO-Stormwater (PDF)
8. Hybrid Meeting Waiver (PDF)
9. Affidavit of Authorization (PDF)
10. legal ads - ID 14339 (PDF)
17.B
Packet Pg. 1957
01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 14339
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 PL20200001556, to disclaim, renounce and vacate the County and the public interest in
a portion of the 50-foot drainage easement located in Tract B of Marco Shores Unit One, as recorded in
Plat Book 14, Page 33 of the public records of Collier County, Florida, located in Section 26, Township
51 South, Range 26 East, Collier County, Florida and to accept Petitioner’s grant of an additional
drainage easement to replace the vacated drainage easement.
Meeting Date: 01/12/2021
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
12/02/2020 10:52 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
12/02/2020 10:52 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/03/2020 10:33 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/08/2020 12:25 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/15/2020 7:39 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/15/2020 11:13 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/15/2020 11:25 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 12:52 PM
Public Services Department James C French Deputy Department Head Review Completed 12/16/2020 4:02 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/17/2020 11:25 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/17/2020 11:45 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/17/2020 1:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 2:12 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/31/2020 9:36 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
17.B
Packet Pg. 1958
17.B.1
Packet Pg. 1959 Attachment: Resolution - 120120 (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.1
Packet Pg. 1960 Attachment: Resolution - 120120 (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.1
Packet Pg. 1961 Attachment: Resolution - 120120 (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.1Packet Pg. 1962Attachment: Resolution - 120120 (14339 : VAC-MainSail Apartments at Marco Shores)
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
9/30/2019 Page 1 of 3
APPLICATION FOR VAC ATING
FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, 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
Name of Plat: _____________________________________ 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) ______________
APPLICANT CONTACT INFORMATION
Name of Owner: ____________________________________________________________________ Name of Applicant if different than 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: ____________________________________________________________________
PROPERTY INFORMATION
Address of Subject Property: ________________________________ Parcel ID # ____________ Legal Description: ______________________________ Lot ______ Block ______ Tract ______ Section/Township/Range: _____/_____/_____ Current Zoning: _______________________ 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 theofficers and major stockholders.3)If applicant is a partnership, limited partnership or other business entity, indicate thename of the principals.4)List all other owners.
17.B.2
Packet Pg. 1963 Attachment: Application (14339 : VAC-MainSail Apartments at Marco Shores)
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
9/30/2019 Page 2 of 3
SUBMITTAL REQUIREMENT 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 the County website) 1 X □
Addressing Checklist signed by Addressing Department 1 X □
CD of complete application and all submittal documents in PDF format (not required if electronic submittal) 1 X □
Fee Simple Deed 1 X □
Statement explaining the general public benefit from the proposed vacation 1 X □
Certificate showing all State and County taxes have been paid for subject parcel 1 X □
Assessment map depicting area of proposed vacation 1 X □
List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number 1 X □
Site Plan on 8½” x 11” paper 1 X □
Sketch & legal description of what is to be vacated on 8½” X 11”, labeled with a bold Exhibit “A” signed & sealed by hand or digitally. 1 X □
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 X □
Replacement easement documentations, if applicable 1 □□
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 Vacations 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 □□
Completed Property Ownership Disclosure Form (download current form from the County website) 1 X
Reason for Request (required for AVROW applications only) 1 X
REQUIREMENTS FOR RECORDING:
Upon approval of application, signed with raised seal, two copies of Exhibit “A” will need to be submitted for Board approval and recording. 2 X □
17.B.2
Packet Pg. 1964 Attachment: Application (14339 : VAC-MainSail Apartments at Marco Shores)
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
Page 3 of 3
SUBMITTAL REQUIREMENT CHECKLIST CON’T
REQUIREMENTS FOR REVIEW: # OF COPIES REQUIRED NOT REQUIRED
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 Phone: 239-262-1322 1 □ □
Century Link
ATTN: Jigs Silang 3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234 1 □ □
Collier County Sherriff’s Office / Legal Department
ATTN: Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 1 □ □
Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 1 □ □
North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 1 □ □
Comcast / Xfinity ATTN: Mark Cook Email: Mark_Cook@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 Phone: 239-432-1805 1 □ □
Capitol Projects Planning, Impact Fees & Program Management Division
ATTN: Gino SantaBarbara, Principal Planner 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Phone: 239-252-2925
1 □ □
Adjacent Property Owners 1 □□
Homeowners Association 1 □□
FEES
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: $1,000.00
o AVESMT: $1,000.00
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-Client Services 2800 North Horseshoe Drive Naples, FL 34104
________________ Dat e __________________________________ Applicant/Agent Signature
__________________________________ Print
9/30/2019
17.B.2
Packet Pg. 1965 Attachment: Application (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.3
Packet Pg. 1966 Attachment: Drainage Easement Approved (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.3
Packet Pg. 1967 Attachment: Drainage Easement Approved (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.3
Packet Pg. 1968 Attachment: Drainage Easement Approved (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.4
Packet Pg. 1969 Attachment: Property Ownership Disclosure Form-Revised with additional info (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.4
Packet Pg. 1970 Attachment: Property Ownership Disclosure Form-Revised with additional info (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.4
Packet Pg. 1971 Attachment: Property Ownership Disclosure Form-Revised with additional info (14339 : VAC-MainSail Apartments at Marco Shores)
November 23, 2020
Property Ownership Disclosure Form, Additional Information
(Drainage Easement Vacate, PL 20200001556)
Listed below are the names of the individuals who own the partnerships that comprise
SKC Marco Shores, LLC.
SK Holdings Real Estate, LLC (62%):
Duke Kassolis, Jonathan kassolis and Alton Scavo
GB Marco Shores, LLC (28%):
Clay Goodier, Dan Goodier and Bob Goodier
SCL, LLC (10%):
Michael Lambert
17.B.4
Packet Pg. 1972 Attachment: Property Ownership Disclosure Form-Revised with additional info (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1973 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1974 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1975 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1976 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1977 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.5
Packet Pg. 1978 Attachment: Plat of Marco Shores Unit One (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.6
Packet Pg. 1979 Attachment: Special Warranty Deed-Ownership (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.6
Packet Pg. 1980 Attachment: Special Warranty Deed-Ownership (14339 : VAC-MainSail Apartments at Marco Shores)
1
Luis Bolivar
From:SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov>
Sent:Thursday, July 16, 2020 8:20 AM
To:Luis Bolivar
Cc:David Hurst; PattersonAmy; KurtzGerald
Subject:RE: MainSail Apartments Stormwater Letter of No Objection Required Plans
Attachments:MainSail-Apartments-SDP-Rev04-Sheets 01-03-05.pdf
Good afternoon,
Please accept this email as confirmation that the Stormwater Section, within the Capital Project Planning, Impact Fees &
Program Management Division, has no objection to the attached request, specific to stormwater review, and serves as
your Letter of No Objection.
If you should have any questions or need any additional information please feel free to contact me, thank you
Gino Santabarbara, PMP
Principal Planner
Capital Project Planning, Impact Fees & Program Management Division
2685 South Horseshoe Drive, Suite 103, Naples Florida 34104
Phone: 239.252.2925
Gino.Santabarbara@CollierCountyFL.gov
From: Luis Bolivar <LBolivar@pen-eng.com>
Sent: Wednesday, July 01, 2020 5:02 PM
To: SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov>
Cc: David Hurst <DHurst@pen-eng.com>
Subject: MainSail Apartments Stormwater Letter of No Objection Required Plans
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good afternoon Gino,
Please find attached the latest revision to the Cover Sheet, Aerial Plan and Paving-Grading Plan that were originally
submitted with the original request for the LONO for the subject Project.
This revision (Rev 04) addresses all remaining comments from Collier County and the City of Marco Island, and will be
submitted to the County as shown.
Please let us know if you required additional information.
17.B.7
Packet Pg. 1981 Attachment: LONO-Stormwater (14339 : VAC-MainSail Apartments at Marco Shores)
2
Thanks very much for your help and time with this matter.
Luis
PENINSULA ENGINEERING
Luis M Bolivar, E.I.
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.262.2600
Direct: 239.403.6889
Cell: 239-580-7425
lbolivar@pen-eng.com
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.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
17.B.7
Packet Pg. 1982 Attachment: LONO-Stormwater (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.8
Packet Pg. 1983 Attachment: Hybrid Meeting Waiver (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.9
Packet Pg. 1984 Attachment: Affidavit of Authorization (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.10
Packet Pg. 1985 Attachment: legal ads - ID 14339 (14339 : VAC-MainSail Apartments at Marco Shores)
17.B.10
Packet Pg. 1986 Attachment: legal ads - ID 14339 (14339 : VAC-MainSail Apartments at Marco Shores)