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Agenda 06/14/2016 Item #16A156/14/2016 16.A.15. EXECUTIVE SUMMARY Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the east end of Mainsail Drive right-of-way, being a part of Marco Shores Unit One, 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. (VAC-PL20160000379) OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166, the Board of County Commissioners must authorize a public hearing to consider the vacation of the County and public interest in any public road right-of-way. CONSIDERATIONS: The Development Review Division has received a request from Robert J. Mulhere, FAICP, of Hole Montes, Inc., as agent for the applicant. This request is to vacate a portion of the east end of Mainsail Drive right-of-way (ROW), being a part of Marco Shores Unit One, 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 subject ROW was dedicated to the public on the plat. The ROW parcel being vacated, a portion of Mainsail Drive, is part of the area subject to a "Memorandum of Understanding," dated September 18, 2001, between the Collier County Airport Authority and the Conservancy of Southwest Florida, the National and Florida Audubon Societies, Environmental Defense Fund, The Florida Division of the Izaak Walton League (the signatories to the "Deltona Agreement"), and is also subject to the subsequent resolution of the Board of County Commissioners (Resolution No. 2001-345), dated September 11, 2001, and recorded in OR 2893, Pages 3338-3345 Collier County, Florida, said instrument identifying the ultimate extents (footprint) available for development of the Marco Island Executive Airport. This instrument does not constitute a conveyance of any real property, but rather identifies the maximum footprint for airport development. The ultimate footprint contemplated by these instruments include the subject portion of the ROW. The portion of the ROW being vacated will be included in the ultimate build -out of the Marco Island Executive Airport as parking for the airport terminal (See attached Site Plan). Vacating this portion of Mainsail Drive will allow for the ultimate build -out of the airport, consistent with county -approved plans in the interest of public welfare. The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166, and the adjoining property owners will be given notice as well. Staff has reviewed this petition and found no reason for objection. FISCAL IMPACT: The application fee of $2,000.00 covers staff review and processing. The applicant is also responsible for advertising fees. Packet Page -230- 6/14/2016 16.A.15. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. — SAS RECOMMENDATION: To schedule a public hearing to consider vacating a portion of the east end of Mainsail Drive right-of-way, being a part of Marco Shores Unit One, 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. (Petition VAC-PL20160000379) Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. Attachments: 1. Resolution w/Exhibit A & Location -Site Map 2. Plat of Marco Shores Unit One PB 14pg33 3. Plat of Marco Shores Unit One PB14pg38 4. Marco Airport Vacation of Mainsail ROW Exhibit Packet Page -231- 6/14/2016 16.A.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.15. Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the east end of Mainsail Drive right-of-way, being a part of Marco Shores Unit One, 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. (VAC-PL20160000379) Meeting Date: 6/14/2016 Prepared By Name: BermanMarcus Title: County Surveyor, Development Review 5/17/2016 2:57:28 PM Submitted by Title: County Surveyor, Development Review Name: BermanMarcus 5/17/2016 2:57:30 PM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review Date: 5/24/2016 10:33:09 AM Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 5/24/2016 10:51:16 AM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 5/24/2016 1:54:30 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 5/24/2016 1:59:35 PM Packet Page -232- 6/14/2016 16.A.15. Name: ScottTrinity Title: Manager - Planning, Transportation Planning Date: 5/25/2016 9:38:05 AM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 5/26/2016 4:24:44 PM Name: WilkisonDavid Title: Department Head- Growth Management Dept, Growth Management Department Date: 5/27/2016 8:23:38 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/27/2016 3:46:46 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/31/2016 11:23:07 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/2/2016 5:46:58 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/5/2016 11:14:38 AM Packet Page -233- 6/14/2016 16.A.15. RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE EAST END OF MAINSAIL DRIVE RIGHT-OF-WAY, BEING A PART OF MARCO SHORES UNIT ONE, 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. (PETITION VAC-PL20160000379) WHEREAS, Petitioner, Robert J. Mulhere, FAICP, of Hole Montes, Inc., has requested that a public hearing be held pursuant to Resolution No. 2013-166, to consider disclaiming, renouncing and vacating the County and public interest in a portion of the east end of Mainsail Drive right-of-way, being a part of Marco Shores Unit One, 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, attached hereto; and WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing, and vacating the County's interest in the above right-of-way in accordance with Sections 336.09 and 336. 10, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. 2013-166 in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described right- of-way will be held on the day of , 2016 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3`d Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Packet Page -234- Donna Fiala, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: 1. Exhibit A 2. Location -Site Map Packet Page -235- 6/14/2016 16.A.15. NO N:\2012\2012066\OW\SU\2015089\WCY ROW VAC.dwp Tab: Uyoutt Dec 30. 2015 — 9:11om Plotted by. Si Nowell GRAPHIC SCALE '°° 5O '°° EXHIBIT "A" ( IN FEET ) `OAIL DRIVE -- MAINS'____- _ 06 N W d' tV tO O z 153.41' N 84'45 '47" W 6/14/2016 16.A.15. POINT OF COMMENCEMENT N NORTHEAST CORNER TRACT Q, MARCO SHORES ' y m 0t _ cQ ERRING ARC LENGTH cat 34" E 295.50' Cn' TRACT Q, MARCO SHORES N in o AIRPORT t-3 MARCO SHORES J POINT OF BEGINNING A_' A 9" E 241 g 1' ,17» W -."'435.1 S 7g• 48 T N CA O O C7 LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF MAIN SAIL DRIVE, MARCO SHORE UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 14, PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT Q. MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S11'59'55"E, ALONG THE EAST LIINE OF SAID TRACT Q FOR A DISTANCE OF 332.93 FEET TO THE MOST NORTHEASTERLY CORNER OF MAIN SAIL DRIVE OF SAID MARCO SHORES UNIT ONE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S11'59'55"E FOR A DISTANCE OF 230.00 FEET; THENCE RUN S79'48'17"W FOR A DISTANCE OF 435.12 FEET; THENCE RUN N84M45'47"W FOR A DISTANCE OF 153.41 FEET; THENCE RUN N00'52'45"E FOR A DISTANCE OF 208.51 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1305.00 FEET, AT A BEARING OF N00'52'47"E THEREFROM, THROUGH A CENTRAL ANGLE OF 12'58'26" AND BEING SUBTENDED BY A CHORD OF 294.87 FEET AT A BEARING OF N84'23'34"E, FOR AN ARC LENGTH OF 295.50 FEET; THENCE RUN N77'54'19"E FOR A DISTANCE OF 241.91 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.9 ACRES, MORE OR LESS. BEARINGS REFER TO THE EAST LINE OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S11'59'55"E HOLE MONTES, INC. CERTIFICATEF AUTHOR N LB 1772 „G _ .S.M, #6278 10144--d' HILTON sec-TWN-RGE: 950 Encore Way 26-51-26 WN Nopies, FL. 34110 15.08F4 DRAWN BEN. SATE 12/75 HOLE MONTES phOFiorida3i Packet Page -236-fGH AND LEGAL DESCRIPTION - REFERENC N LRECRED J&i AN1B-7333 Eh'SiNCfRS P.AkNERS SUR4=YO3S Authorization No.1772 MKY ROW VAC a I MAR�A�R/ i 6/14/2016 16.A.15. LM.CM—n-Fill Wm�,.-Mffl. Jh ((uuH O 10 /� n S N N M m �Y Z W O. 00 4 OUVA31n09 83,1100 w O C FF - Packet Page -237- a Cl m w � � m o z o > `a agOQ c a o` tna'L�us t F.. O O HMCo Op002>0 m GUCL C7 GiN � z W Q V V1 N 17 O LL tm C W N W Q N m O y N � N w O `a �O oF¢ F Z H m o 00 C Z 0 g n m W = V o = 0 O Sg - 6/14/20.16 16.A.15. 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