Resolution 1990-116
February 27, 1990
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KlSOLUTIOW 90-118, PETITION AV-89-028, REAPOLITAR ERTERPRISES CO. ARD
CAIlIIlB1lA1r GARDes CO., RI!: VACATION 01' A PORTION 01' THJ: PLAT 01' ROCIt
C1lER TDRACIl - ADOPTED SUBJECT TO STIPULATIONS AS AMERCED
Legal notice having been published in the Naples Daily News on
February 11 and 18, 1990, as evidenced by Affidavit of Publication
tiled with the Clerk, public hearing was opened to consider Petition
AV-S9-25, filed by Wilson, Miller, Barton, SolI << Peek, Inc., Joe
Boggs representing Neapolitan Enterprises/Caribbean Gardens Co.,
requesting vacation ot certain lots lines within Rock Creek Terrace so
that petitioner can better utilize the property.
Transportation Services Administrator Archibald informed that the
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purpose of this public hearing Is to consider the vacation of a por-
tlon ot the plat of Rock Creek Terrace, which Is located along Airport
Road, immediately north of Estey Avenue, and SOuth of North Road. He
advised that the plat was recorded in 1926, and involved a number of
streets and small lots, approximately 50' in width, He stated that
the petitioner is proposing to vacate all of the property lines and
roadways so that he can better develop the property to include
building roadways for the purpnses of current zoning. He indicated
that the property has C-4 zoning along Airport Road, and RMF-6 zoning
along Rock Creek.
Mr. Archibald advised that the area that is being requested for
vacation is as follows: House Avenue, Clarke Street, Burnham
Boulevard south of Rock Creek, Steeves Avenue less right-ot-way
abutting Lots 19 through 26 inclusive, Block C and the south 1/2 of
Lot 6, Lots 7 through 14 inclusive, Block 0, Lots 1 through 6, inclu-
sive, Block A; Lots 1 through 18, inclusive, Block B; Lots 1 through
18, inclusive, and Lot 22 and Lots 27 through 31, inClUSive, Block C;
Lots 1 through 5, inclusive and the north 1/2 of Lot 6, Block 0, and
Lots 1 through 6 Block E.
Mr. Archibald said that there is some advantage in vacating the
relatively small lot lines, and noted that the petitioner has also
submitted a letter indicating that he is Willing to donate the right-
February 27, 1990
of-way along Airport Road for the future expansion of that roadway.
He informed that the appropriate Letters or No Objection have been
received, and staff Is recommending that the appropriate resolution be
adopted.
Attornay John Passidomo, representing Neapolitan Enterprises Co.
and Caribbean Gardens Co., stated that this petition does not relate
to the portions of the plat which are presently developed. He noted
that the lots are 50' wide and the development provides a means of
access between Airport Road and Estey Avenue which creates a shortcut
from two heavily congested arteries through a residential development.
He advised that the petitioner will abide by the requirements as set
forth In the Staff Report. He informed that a meeting was held with
the residents of Steeves Avenue to acquaint them with the project, and
conditions were agreed upon to ensure that Steeves Avenue will remain
a d~ad end street, and any traffic generated from the subject site
will not adversely affect or access Steeves Avenue. He provided a
copy of additional stipUlations that the petitioner will adhere to.
Attorney Lewis Erickson, of Sparkman, EriCkson, & Quinn, P.A.,
representing the residents of Steeves Avenue, related that the primary
interest of the property owners is that Steeves Avenue remain a dead
end street, and that the developers do not begin one commercial
enterprise and come back and propose to have the residential area
turned into a commercial area. He advised that the residents feel
that it is in their best interest for the vacation to be approved
since they hope to be good neighbors, but they do not want to waive
any rights to object to any future development requests that the deve-
lopers may make. He indicated that the residents wish to keep their
street as it has been for the past 40 years, and based upon the stipu-
lations that wern agreed upon, the restrictions will run with the
land and everyone will be well aware that they are bound by this
agreement.
Attorney Erickson informed that another concern of the residents
was that Lot 22 would be used by construction vehicles to travel
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February 27, 1990
through the neighborhood, but they are in agreement with the requested
laundera aoved, .econded by Co..ie.ioner Goodnight
Coaai..ioner Saundera aovad, seconded by Co..issioner Goodnight
and carried unaniaously, that Petition AV-S9-025 be approved, with the
condition that this does not constitute an action that will vest the
project in any way, and that Re.olution 90-116 be edopted subject to
Itaff'. .tipulations, and the additional stipulatione a. provided by
Attoruey.P...idoao.
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FEBRUARY 27, 1990
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RESOLUTION NO. 90- 116
RESOLUTION TO VACATE, RENOUNCE AND DISCLAIM
THE RIGHTS OF THE COUNTY AND PUBLIC TO
CERTAIN ROAD RIGHTS-OF-WAY INTEREST IN A
PORTION OF THE ROCK CREEK TERRACE PLAT AND
TO VACATE CERTAIN LOTS WITHIN THE ROCK
CREEK TERRACE PLAT AS RECORDED IN PLAT
BOOK 1, PAGE 40 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to sections 177.101, 336.09 and 336.10,
Florida Statutes, the Transportation Services Division has
received a petition tram Wilson, Miller, Barton, Soll & Peek, as
agent for the property owners, Neapolitan Enterprises Co. and
Caribbean Gardens co., requesting that the Board vacate, renounce
and disclaim the rights of the County and the Public to House
Avenue, Clarke street, Burnham Boulevard lying South of Rock Creek
and steeves Avenue, less right-of-way abutting Lots 19 through 26,
inclusive, Block C and South 1/2 at Lot 6, Lots 7 through 14,
inclusive, Block D of Rock Creek Terrace plat as recorded in Plat
Book 1, Page 40 of the Public Records of Collier County, Florida,
and to vacate Lots 1 through 6, inclusive, Block A; Lots 1 through
18, inclusive, Block B; Lots 1 through 18, inclusive, and Lot 22
and Lots 27 through 33, inclusive, Block CI Lots 1 through 5,
inclusive and the North :/2 of lot 6, Block D; and Lots 1 through
6, inclusive, Block E of Rock Creek Terrac~ as recorded in Plat
Book 1, Page 40 of the Public Records of Collier County,
Florida I and
WHEREAS, the Petitioners own the fee simple title to the
above-described lands; and
WHEREAS, the Board has this day held a public hearing to
consider such action to vacate, renounce and disclaim the certain
road rights-ot-way as set forth above and to vacate certain lots
as set forth above within Rock creek Terrace plat, and notice ot
said pUblic hearing to vacate, renounce and disclaim the road
rights-or-way interest and the vacation or those certain lots was
given as required by law; and
WHEREAS, the tract to be vacated is not within the corporate
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limits at any incorporated city or town; and
WHEREAS, the plat vacation will not affect the ownership or
rights at convenient access of other property owners including
persons owning other parts at the subdivision and not being
vacated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in accordance with
Sections 336.09 and 336.10, Florida statutes, the Board vacates,
renounces and disclaims any rights of the County and the public in
and to House Avenue, Clarke street, Burnham Boulevard lying South
at Rock Creek and Steeves Avenue, less right-Of-way abutting Lots
19 through 26, inclusive, Block C and South 1/2 at Lot 6, Lots 7
through 14, inclusive, Block 0 of Rock Creek Terrace plat as
recorded in Plat Book 1, Page 40 of the Public Records at Collier
County, Florida.
BE IT FURTHER RESOLVED, that in accordance with Section
177.101, Florida Statutes, the following described property is
hereby vacated:
Lots 1 through 6, inclusive, Block A; Lots 1 through 18,
inclusive, Block B; Lots 1 through 18, inclusive, and Lot 22
and Lots 27 through :3, inclusive, Block C; Lots 1 through 5,
inclusive and the North 1/2 of Lot 6, Block 0: and Lots 1
through 6, inclusive, Block E; and Ter~ace Island, all being
located in Rock Creek Terrace, a subdivision, according to
the Plat thereof, as recorded in Plat Book 1, Page 40 of the
Public Records of Collier County, Florida.
BE IT FURTHER RESOLVED, that this vacation of the above
described property is approved subject to the following
stipulations that:
1) The real estate which comprises Lot 22, Block C,
("Lot 22C") of Rock Creek Terrace, a subdivision, according
to the plat thereof recorded in Plat Book 1, at page 40, at
the Public Records of Collier County, Florida, ("Rock Creek
Terrace") shall be used only tor residential pUrposes, and it
a structure is developed on Lot 22 C it shall be a one unit
residential structure.
2. In order to preserve steeves Avenue as a dead end
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FEBRUARY 27, 1990
atreet, Neapolitan Enterprises Co., its sUccessors or
aaaiqns, will conatruct a County approved turnaround at the
termination of the improved atreet at or near tha exiatinq
northern terminus of steeves Avenue qenarally located betwean
Lot 27, Block C, and Lot 6, Block D, Rock Creek Terrace, at
or prior to the commencement of development of a multi-family
residential project on the property located adjacent to and
weat of the commercially zoned property alonq Airport Road
and Estey avenue (the "Multi-Family Project") and at or prior
to commencement ot development ot the commercially zoned.
property.
3. Lot 22 C shall never be used to access any portion
of the property.
4. A atreet described as Clarke street on the plat of
Rock Creek Terrace will be vacated and, therefore,
unavailable as a short cut for vehicular access from Airport
Road to Estey avenue through steeves Avenue.
5. The real estate located on the mUlti-family project
will not be rezoned to commercial or industrial, or any other
non-residential uses.
6. These stipu:ations shall run with the land.
7. This vacation approval is not a development order
that will entitle the owner of the property to an exemption
under the proposed zoninq reevaluation ordinance.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to
publish, one time, notice of the adoption of this Resolution
within 30 days of the date of this Resolution, in a newspaper of
qeneral circulation published in the county.
BE IT FURTHER RESOLVED, that the proof of publication of
notice of the public hearinq, the proof of pUblication of the
notice of the adoption of this Resolution and a certified copy of
thia Re~olution shall be recorded by the Clerk in the Official
Recorda of Collier County, Florida, and the Clerk to make the
proper notationa of this vacation on said plat.
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FEBRUARY 27, 1990
.' . ,This Resolution adopted after motion, sscond and majority
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.IlATED. February 27, 1990
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
001757
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