Agenda 01/12/2016 Item #17B 1/12/2016 17.B.
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-PL20150001066,to disclaim, renounce and vacate the County and the public interest
in a portion of the 12-foot drainage easement located along the rear border of Lot 15, Block "C" of
Habitat Village, as recorded in Plat Book 37, Pages 48 through 51 of the public records of Collier
County,Florida,located in Section 33,Township 50 South,Range 26 East,Collier County,Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion
of the 12-foot drainage easement located along the rear border of Lot 15, Block "C" of Habitat
Village, as recorded in Plat Book 37, Pages 48 through 51 of the public records of Collier
County, Florida, located in Section 33, Township 50 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20150001066 has been received by the Development
Review Division, Growth Management Department from Rives Eddy Llorca and Yudit Guerra
Escalona, property owners, to vacate a 1.01-foot portion of the 12-foot drainage easement
located along the rear border of Lot 15, Block "C" of Habitat Village, as recorded in Plat Book
37, Pages 48 through 51 of the public records of Collier County, Florida, located in Section 33,
Township 50 South, Range 26 East, Collier County, Florida.
The owners would like to allow a screened lanai concrete slab to extend 1.01-feet into the 12-
foot drainage easement. The concrete slab has already been constructed, so this vacation is
necessary to allow it to remain.
There is no public detriment caused by the proposed vacation because vacating the portion of the
drainage easement will not adversely affect drainage of the surrounding properties.
The Victoria Falls Home Owners Association (HOA) was also granted the drainage easement on
the plat, and they have consented to the encroachment.
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.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval ---SAS
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact
associated with this Executive Summary.
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1/12/2016 17.B.
RECOMMENDATION: 1) To approve the attached Resolution, relating to Petition VAC-
PL20150001066, which will vacate the County and the public interest in a portion of the 12-foot
drainage easement located along the rear border of Lot 15, Block "C" of Habitat Village, as
recorded in Plat Book 37, Pages 48 through 51 of the public records of Collier County, Florida,
being more specifically shown in Exhibit A, and 2) 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 Habitat Village, as recorded in Plat Book 37, Pages 48 through 51, of
the public records of Collier County, Florida.
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)Letters of no objection, including HOA consent
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1/12/2016 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
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-PL20150001066, to disclaim, renounce and vacate
the County and the public interest in a portion of the 12-foot drainage easement located along
the rear border of Lot 15, Block "C" of Habitat Village, as recorded in Plat Book 37, Pages 48
through 51 of the public records of Collier County, Florida, located in Section 33, Township 50
South, Range 26 East, Collier County, Florida.
Meeting Date: 1/12/2016
Prepared By
Name: BermanMarcus
Title: County Surveyor,Development Review
11/12/2015 1:22:35 PM
Submitted by
Title: County Surveyor,Development Review
Name: BermanMarcus
11/12/2015 1:22:36 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Development Review
Date: 11/17/2015 9:35:26 AM
Name: KurtzGerald
Title: Project Manager,Principal, Capital Project Planning,Impact Fees and Program Management
Date: 11/18/2015 8:55:50 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 11/20/2015 11:43:40 AM
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1/12/2016 17.B.
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 11/20/2015 11:48:38 AM
Name: McLeanMatthew
Title: Project Manager,Principal, Development Review
Date: 12/2/2015 4:01:58 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 12/14/2015 2:02:43 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 12/14/2015 3:28:17 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 12/15/2015 8:17:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/15/2015 10:48:51 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 12/16/2015 9:42:10 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 12/27/2015 11:09:21 AM
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1/12/2016 17.B.
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A
PORTION OF THE 12-FOOT DRAINAGE EASEMENT LOCATED
ALONG THE REAR BORDER OF LOT 15, BLOCK "C" OF
HABITAT VILLAGE, AS RECORDED IN PLAT BOOK 37, PAGES
48 THROUGH 51 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 33, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC-PL20150001066)
WHEREAS, pursuant to Resolution 2013-166, Petitioners, Rives Eddy Llorca
and Yudit Guerra Escalona, property owners, has requested the vacation of the County
and the Public interest in a portion of the 12-foot drainage easement located along the rear
border of Lot 15, Block "C" of Habitat Village, as recorded in Plat Book 37, Pages 48
through 51 of the public records of Collier County, Florida, located in Section 33,
Township 50 South, Range 26 East, Collier County, Florida, being more specifically
shown in Exhibit A, attached hereto; and
WHEREAS, the Board of County Commissioners, on this day, held a public
hearing to consider the petitioner's request and notice of said public hearing was given as
required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public
interest in a portion of the 12-foot drainage easement located along the rear border of Lot
15, Block "C" of Habitat Village, as recorded in Plat Book 37, Pages 48 through 51 of the
public records of Collier County, Florida, located in Section 33. Township 50 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, is
hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be
in the public interest and for the public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of the Resolution in the Public Records and to
make proper notation of this Resolution on the plat of Habitat Village, as recorded in Plat
Book 37, Page 48 through 51, of the public records of Collier County, Florida.
1 of 2
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1/12/2016 17.B.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this the day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk , CHAIR
Approved as to form and legality:
By: %%/ub/
Scott A. Stone
Assistant County Attorney
Attachments: 1)Exhibit A, 2) Location-Site Map
2of2
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1/12/2016 17.B.
EXHIBIT"A"
Description of a portion of the dedicated 12-foot Drainage Easement in the rear of lot 15, Block C,
Habitat Village, Plat Book 37, page 48, of the public records of Collier County, Florida, described as
follows:
Commencing at a found 5/8" iron rod, LB#6782, located at the southwest corner of said Lot 15;
Thence North 35°34'58" East, a distance of 12.00 feet;
Thence South 54°25'02" East, a distance of 9.59 feet to the Point of Beginning;
Thence continue South 54°25'02" East, a distance of 38.20 feet;
Thence South 35°34'58"West, a distance of 1.01 feet;
Thence North 54°25'02" West, a distance of 38.20 feet;
Thence North 35°34'58" East, a distance of 1.01 feet to the Point of Beginning.
Containing 38.58 square feet more or less.
Bearings are based on the south line of said Lot 15 being South 54°25'02" East.
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,,, 20150 00 10 6 6 REV 2
Victoria Falls Homeowners Association,Inc. Review Form
Request for Modification
Date: /q)/?5..---,?
k PA ((.,t, e- , hereby request approval by Board of Directors for the modification shown
bel,c w to Unit• located at a c k/
•
/ 7 0 ,F. ,57i* 1-444401 , 4,--. kl /e5 Address City Ei P / "4 • 1:.)
0 Home Phone No. 3 -'P' 0 V Work Phone No.:_
Subject Being Requested(Please describe in detail, incluck materials and colors used as well as size):
I 2_ Ft-d- t-c-1.,\,71_ toci 30 c.cd- to(cte._
cavikr2z4- v,e"),--p „ci-,,, 6 in,e,tc 1 tu-a---,---(----
, ....if 1.,_, _, ..,,.......: i f A_ . _ .9 4.41 IN 4: I
f
Please include the following:
• Name of Company Performing Work
• Copy of the Occupational License and Certificate of Insurance
• Drawings of improvements drawn to scale and on survey
• Letter of acceptance of any damage to property is Company doing work responsibility
• A copy of entire signed contract
• Permits-Applicable Zoning Regulations.
(Any expense incurred due to County code changes will be the responsibility of applicant.)
I/We understand that approval of our request must be granted before 1/We can have the job started. I/We also
acknowledge that we could be forced to have the item removed if it is installed without approval. I/We also
acknowledge that this request is granted as Presented to the Board of Directors and must be completed as presented.
Any changes are not approved and will not be accepted without the approval of the Board. UWe understand that the
and of Direct has up to 30 days t approve this request.
--CAP
Signature of ppl icant Signature of Applicant
Please return form and all information to the address below:
Victoria Falls Homeowners Association,Inc.
do Habitat for Humanity of Collier County
11145 Tamiami Trail East
Naples,FL 34113
Phone 239-657-4466
The above requestfo odific= •n to Unit# has been:
()DISAPP r OV D • `ROVED ()APPROVE n WITH CHA GES OU I' ED IN LETTER
Date: O ° I Board of Director Signature: .0,.._/, .,API, _/
in,Packet Page-2356-
1/12/2016 17.B.
PL 2015 0 0 010 6 6 REV 2
June 30, 2015
Mr. Mateo Trejo
Mrs. Emma Trejo
12079 Sitterly St.
No Objection Letter
Dear Neighbors, 447- /9
This letter is to respectfully ask you for your signature to allow us to continue the construction of
our screened lanai (12' x 38"). Since the edge of the slab will extend into a drainage easement
of Collier County by 1;O.1 ,we are required to go through a vacation order to obtain a construction
permit.We also are required to obtain a statement of no objection from our immediate neighbors
Please sign below confirming that have no objection with the proposed construction.
Thank you very much for your help,
Eddy L. Rives and Yudit G. Escalona
12083 Sitterley St,
Naples, FL 34113
Te-o 7ejo
r. Mateo Trejo
Mrs. Emma Trejo
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1/12/2016 17.B.
PL 2015 0 0 010 6 6 REV 2
June 30, 2015
Mr. Orel Garcon and
Mrs. Exavier Elmanise
12095 Sitterly St.
No Objection Letter
Dear Neighbors, / r;
This letter is to respectfully ask you for your signature to allow us to continue the construction of
our screened lanai (12` x 38"). Since the edge of the slab will extend into a drainage easement
of Collier County by 1,01,we are required to go through a vacation order to obtain a construction
permit. We also are required to obtain a statement of no objection from our immediate neighbors
Please sign below confirming that have no objection with the proposed construction.
Thank you very much for your help,
Eddy L. Rives and Yudit G. Escalona
12083 Sitterley St,
Naples, FL 34113
Mr. Orel Garcon
Mrs. Exavier Elm nise
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1/12/2016 17.B.
Notice Notice_
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on January 12, 2016, in the Board
of County Commissioners Meeting Room,.Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Resolution: The meeting will commence
at 9:00 A.M. The title of the proposed Resolution is as follows:
RESOLUTION NO.2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC'INTEREST
Q IN A PORTION OF THE 12-FOOT DRAINAGE EASEMENT
LOCATED ALONG THE REAR BORDER LOT 15,BLOCK"C"OF
HABITAT VILLAGE,AS RECORDED IN PLAT BOOK 37, PAGES
48 THROUGH 51 OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA, LOCATED IN SECTION 33,TOWNSHIP 50
o SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
N l (PETITION VAC-PL20150001066)
N A copy of the proposed Resolution is on file with the Clerk to the
' Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE:'All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of
o the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of any individual
to speak on behalf of an organization or group is encouraged.
a If recognized by the Chairman, a spokesperson for a group or
organization may be.allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
m ! the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in
z presentations before the Board will become a permanent part the record.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
w therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
z
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division,
located at.3335 Tamiami Trail East,Suite#101,Naples,FL 34112--
5356, (2•30 -252-8380, at least two days,prior to the meeting.
Assist c listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA •
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Teresa Cannon
Deputy Clerk(SEAL)
December 23&30,2015. No.814857
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1/12/2016 17.B.
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on January 12, 2016, in the Board
of County Commissioners Meeting Room,. Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Resolution. The meeting will commence
at 9:00 A.M. The title of the proposed Resolution is as follows:
RESOLUTION NO.2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST
IN A PORTION OF THE 12-FOOT DRAINAGE EASEMENT
LOCATED ALONG THE REAR BORDER LOT 15,BLOCK"C"OF
HABITAT VILLAGE,AS RECORDED IN PLAT BOOK 37, PAGES
48 THROUGH 51 OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA,LOCATED IN SECTION 33,TOWNSHIP 50
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
(PETITION VAC-PL20150001066)
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are
C invited to attend and be heard.
N NOTE: All persons wishing to speak on any agenda item must
with County manager prior to presentation of
the register agenda item the to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of any individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
M organization may be allotted 10 minutes to speak on an item.
cu Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
a� written materials intended to be considered by the Board shall
c.)i be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in
presentations before the Board will become a permanent part
of the record.
co
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
-o therefore, may need to ensure that a verbatim record of the
a)• proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with adisability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
>- contact the Collier County Facilities Management Division,
located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-
a 5356, (239) 252.8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
a
< BOARD OF COUNTY COMMISSIONERS
Z COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Teresa Cannon
Deputy Clerk(SEAL)
December 23&30,2015 No.814857
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