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Agenda 10/11/2016 Item #9C 9G 10/11/2016 EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL20160001406 to disclaim, renounce and vacate a portion of Tract C5 Conservation Area, and a portion of the 10 foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd, and 1 mile south of Davis Blvd, in Section 9,Township 50 South,Range 26 East,Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate a portion of Tract C5 Conservation Area, and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Section 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20160001406 has been received by the Development Review Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent for the applicant, Naples Heritage Community Development District, to vacate a portion of Tract C5 Conservation Area, and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County,Florida,as further described in Exhibit A to the attached Resolution. According to the plat, the Tract C5 Conservation Area and the Collier County Conservation Buffer Easement were both dedicated to the County without maintenance responsibility, and dedicated to Naples Heritage Golf and Country Club, Inc., with maintenance responsibility. According to the Quit- Claim Deed dated January 8, 1999, recorded in O.R. Book 2507, Page 2235, Naples Heritage Community Development District is fee simple owner of the subject property. Petitioner is proposing to vacate a portion of Tract C5 and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5 in order to develop an adjacent tract of land owned by the Country Club for a new tennis center for the residents of the Club. The proposed tennis center is currently under SDP review. This portion of the Tract C5 Conservation Area is approximately 0.25 acres (25 feet wide and 440 feet long). It is located between the proposed tennis center tract(to the west) and a 50' private right-of-way and individual lot (to the east). This 25-foot wide strip of land would be developed to allow for the vehicular connection of the tennis facility to the adjacent roadway of Colonial Court and provide water management area for the storm water management system for the proposed tennis facility. The subject area is within the Naples Heritage Golf and Country Club PUD, Ordinance No. 95-74, as amended. This request will not result in public detriment because staff has determined that the preserve acreage for this property would still remain above the minimum required preserve area. The Land Development Code requires 35% native vegetation retention for this property. The total PUD acreage is approximately 563 acres, of which 248.9 acres(44%) are designated as preserve,which exceeds the 35% requirement. The proposed vacation would reduce the total existing preserve acreage by approximately 0.25 acres to approximately 248.65, so the remaining preserve acreage would still exceed the minimum requirement under the LDC. Naples Heritage Golf and Country Club, Inc. has provided a letter of no objection to this request. Moreover, letters of objection have been received from multiple property owners of adjacent lots to the east(See attached letters). The vacation will not affect access to any properties within the subject plat. The Development Review Division has reviewed this petition and found no reason for objection. Packet Pg.206 9.0 10/11/2016 FISCAL IMPACT: The 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 Executive Summary. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of Tract C5 Conservation Area and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract CS, according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County,Florida Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, 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 parcel 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. Moreover, this request to vacate a conservation easement is consistent with the County's vacation procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that "A conservation easement may be released by the holder of the easement to the holder of the fee even though the holder of the fee may not be a governmental body or a charitable corporation or trust." This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: To approve the attached Resolution,relating to Petition VAC-PL20160001406, which will vacate a portion of Tract C5 Conservation Area and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida, located in Section 9, Township 50 South, Range 26 East, Collier County, Florida,being more specifically shown in Exhibit A, Direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club, Phase One, as recorded in Plat Book 26, Page 73, 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. ATTACHMENT(S) 1.Resolution initialed by SAS (2) -091216 (PDF) 2.Naples Heritage CDD owner-LONO (PDF) 3.email from Joe Huber-Lot 1 (PDF) 4.Objection Letter from Joe Huber (PDF) 5.Objection Letter from Mr.Boissonneault (DOCX) Packet Pg.207 9C ,, ' 10/11/2016 6.Objection Letter from Walter and Catherine Kulbacki (PDF) 7.Objection Letter Lot 3 Case (PDF) 8.Naples Heritage Approval Letter from HOA (PDF) 9.Legal Ad-Agenda No 19950000 (PDF) Packet 9.c 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 9.0 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-PL20160001406 to disclaim, renounce and vacate a portion of Tract C5 Conservation Area, and a portion of the 10 foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd, and 1 mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East, Collier County,Florida. (This is a companion to Agenda Items 9.A and 9.B). Meeting Date: 10/11/2016 Prepared by: Title: County Surveyor—Growth Management Development Review Name: Marcus Berman 09/23/2016 10:42 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 09/23/2016 10:42 AM Approved By: Review: Growth Management Development Review John Houldsworth Level 1 Sim.Reviewer 1-8Completed Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/23/2016 3:02 PM Growth Management Department Matthew McLean Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 9:47 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/26/2016 10:23 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2016 2:09 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/27/2016 2:13 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 1:38 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 8:01 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 5:07 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 2:53 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM Packet Pg. 209_ RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE A PORTION OF TRACT C5 CONSERVATION AREA,AND A PORTION OF THE 10 FOOT COLLIER COUNTY CONSERVATION BUFFER EASEMENT WITHIN TRACT C5,AS SHOWN ON NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE, PLAT BOOK 26, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 MILE EAST OF SANTA BARBARA BLVD, AND 1 MILE SOUTH OF DAVIS BLVD,IN SECTION 9,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20160001406) WHEREAS, pursuant to Resolution 2013-166, Gina R. Green, P.E., of Gina R. a Green, P.A., on behalf of Petitioner, Naples Heritage Community Development District, has requested the vacation of a portion of Tract C5 Conservation Area, and a portion of the 10 foot Collier County Conservation Buffer Easement within Tract C5, as shown on co Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Section 9, Township 50 South, Range 26 Q^ East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public -0 hearing to consider the petitioner's request and notice of said public hearing was given as required by law. c NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 47. COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that a portion of Tract C5 0 Conservation Area, and a portion of the 10 foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Section 9, 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 of Collier County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County,Florida. 1 of 2 eti Packet Pg.210 9CaNv. 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 m a a By: , Deputy Clerk DONNA FIALA, Chairman co 0. z U Approved as to form and legality: •• 0 rn By: h I1(0 (71 Scott A. Stoner CD Assistant County Attorney o Attachments: 1. Location-Site Map ;, 2. Exhibit A a) a, 0 :- a 0 N re C a, E V y-.a, 2 of 2 (5-141) Packet Pg 211a McANLY ENGINEERING 9..Calik . 1111111.1,AND DESIGN INC. CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING ,.-., EXHIBIT " A " LEGAL DESCRIPTION A PORTION OF THE CONSERVATION BUFFER EASEMENT TRACT C5 AND A PORTION OF THE 10' CCCBE EASEMENT CONTAINED WITHIN THE FOLLOWING DESCRIPTION TO BE VACATED LOCATED IN NAPLES HERITAGE GOLF& COUNTRY CLUB PHASE ONE 0 COLLIER COUNTY,FLORIDA a AUGUST 17,2016 .fr; x 0 BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK F OF NAPLES HERITAGE a GOLF&COUNTRY CLUB PHASE TWO A,AS RECORDED IN THE LAND RECORDS OF z COLLIER COUNTY IN PLAT BOOK 28 PAGE 11 AND RUNNING THENCE,CROSSING THE a EXISTING CONSERVATION BUFFER EASEMENT(TRACT C5)AS SHOWN ON THE PLAT OF > NAPLES HERITAGE GOLF&COUNTRY CLUB PHASE ONE, AS RECORDED IN SAID LAND o RECORDS IN PLAT BOOK 26 PAGES 73 THROUGH 80 ; S89°16'53"W 24.55' TO THE OUTLINE 0 OF THE LANDS CONVEYED TO NAPLES HERITAGE GOLF &COUNTRY CLUB IN O.R. a) BOOK 3690 PAGE 2610;THENCE BINDING THEREON N00°43'07"W 440.82' TO THE c., NORTHEAS IERLY CORNER OF SAID PARCEL;THENCE CROSSING THE EXISTING o, CONSERVATION BUFFER EASEMENT,AFORESAID S89°35'44"E 24.89' TO THE WESTERLY c� OUTLINE OF COLONIAL COURT AS SHOWN ON THE AFORESAID PLAT OF PHASE TWO A; N THENCE BINDING THEREON BY A NON-TANGENT CURVE TO THE LEFT IN A SOUTHWES 1'ERLY DIRECTION OF RADIUS 530.00' AN ARC DISTANCE OF 24.45', SAID ARC s BEING SUBTENDED BY A CHORD BEARING S00°34'24"W 24.45'; THENCE S00°44'53"E -0 222.24' TO THE NORTHWESTERLY CORNER OF LOT 1 AFORESAID;THENCE BINDING ON B THE WESTERLY OUTLINE OF LOT 1, S00°44'53"E 193.65' TO THE POINT OF BEGINNING. c CONTAINING 10771 SQ.FT OR 0.247 ACRES MORE OR LESS 5 0 N a) ce PREPARED BY: c a) E s t) , t 64(ci11toZi ILLIAM C. McANLY P.S.M. FLORIDA REGISTRATION NO. 1543 i McANLY ENGINEERING AND DESIGN, INC. 2025 J& C BLVD. SUITE 5 NAPLES FL 34109 2025 J&C BOULEVARD-SUITE 5 NAPLES,FLORIDA 34109-6204 PHONE(239)593-3299 FAX(239)593-3298 t4 Packet Pg.212 9:0.a, \ EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION I LOT 39 NAPLES HERITAGE BLOCK B COUNTRY CLUBPHASET GWO GOLF & -A TRACT C5 JPB 28, PG 11 CONSERVATION AND BUFFER EASEMENT I LOT 6 BLOCK F S8915'44NE 24.89' — R=530.00 A=24.45 N8915'44*Vi 326.70' CH=S0014'240V1 24.45' 0. LOT 5 Co' BLOCK F c.) 10771 SQ. FT. OR 0 c) 0.247 ACRES + - i") A.:1 I 0 ...... r. 41: 0 LOT 4 co x o'llt. 2 BLOCK F to (rli I b '.\ \ \\I 0.) 72. 1 Z as r..) —. z • NAPLES HERITAGE GOLF & to 4t. c) 0 LOT 3 * COUNTRY CLUB, INC. tiIA BLOCK F a) PARCEL No. 00407440001 oi "4. z -3 1 I 16 cr) V" CC ..... ....... ., * I 0 I C.0 g I cv t 07) 0 Kt 0 1 CI 44 LOT 2 , Fs; BLOCK F r cr 0 o (A r -4 t < m , LOT 1 / 10' CCCBE AS SHOWN Co 01 tO BLOCK F / ON PLAT OF NAPLESj2)" (0 Sii / HERITAGE GOLF & 13 COUNTRY CLUB PHASE 0 b 0., . ...' ONE PB 26, PG 80 72 c P.O.B. „..., ._ _--- NAPLES HERITAGE GOLF' & c o -i89:16.- S'ii 2:1.55' COUNTRY CLUB PHASE ONE ..] PB 26, PG 73 '8 z to c" 0 ...0 tri 44 TRACT C5 re -... - CONSERVATION AND BUFFER EASEMENT t' cat 9 s (11Ci/(1, TRACT RW4 SIGNED ____ Z__ 1 U Its. i,4 A porti. 0 ...0 00 William C. McAnly2 P.S.11. #1543 100' FUTURE RIGHT-OF-WAY RESERVATION LEGAL DESCRIPTION: --- SEE LEGAL DESCRIPTION ON SHEET 1 OF 2 3KETCH OF LEGAL DESCRIPTION McANLY ENGINEERING . IN VACATION OF EASEMENT AND DESIGN INC. 16.11\ MI me ENGINITRING.PLANNING. all sir NAPLES HERITAGE GOLF 4 COUNTRY CLUB AM)LAND SURWYING Ell 1111M2a PHASE TWO-A 2023 AC BOULEVARD- SUITE 5 ED CCCBE TO VACATION AREA DNB"?• i=7.107:71N.:R.H. CHX.:54.KR DATE: 1/15/1 6 030 593231292 S.'FICIIICIA21<21)"3- Aa° 3296 ak U. Packet Pg.213 COPYRIGHT, 2016 BY McANLY ENGINEERING AND DESIGN,INC.AU.RIGHTS RESERVED PROJECT: 130209 Asaroammommereasocampor - g C.a g O i 8 o H c 7--- cn COOLrat.43,44 i M 1 . Q,i gQQa_ h z p1©Q�. . ".." � a a CO l— M > Rt Hco O c„v=z " hl COO IU1T' .—I 31k JSO110N 2 coatu a.4 ; / y €e,?�a " a dell ! 1— Z :_1111111I ell , • H! U• Frz xtLU I= Qi�- yS6'ZE'J �- a.i. 'C II] 2' o ,, .. a_ __, §�C1 ,.rilt Z - iswoovarroaws w 1" ii©/ _ _ kil . a If TIllr;',. OIL . & mac of .04 ME t':A13 1 j �1�~ . 1 d 2 a . N\......isimmmimildl Iv (13 �Earii�:,w. �< 1112 •C Mal U Q ^►/'' x inti 1 it...a 3 Ig." o d I ._.., . , Itric-N ,...1 &., ,., I1iik"- i 1a!zgw 11" — "/""g`.ifti\ fir'z uLr: 1 -' `?sia �y 1 i & ` )ll.i'sv.\0■1f=• "' " ' ; Mulla JIOdAINflOD 11 1 aUll� 11 11 1 a c Packet Pg.214 NO e6e;lJeH seldeN-OVA : 9666) ONOI-ieumo aao e6e1peH seldeN :;uauayoe br NAPLES HERITAGE �r s GOLF B COUNTRY CLUB 2, September 12,2016 1 To Whom It May Concern: 1 The Naples Heritage Community Development District submits this letter as acknowledgement that we are the applicant for the Vacation of a portion of the Conservation Easement for Tract C5 of Naples Heritage Golf&Country Club,Phase one and have no objection to the vacation of this Conservation Easement. Sincerely, Peter J.Lombardi,Chairman Naples Heritage Community Development District ( 1 8150 Heritage CIub Way• Naples,Florida 34112 239-417-2555 •Fax 239-417-1717 (59a6eIuaH saIde N �dA ONO -Jeumo aaoo�eBe ua H sa�deN :IuawoeBd Aupt MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Tuesday,April 5, 2016 at 9:00 a.m. at the Naples Heritage Golf and Country Clubhouse,8150 Club Way,Naples,Florida. Present and constituting a quorum were: Peter J.Lombardi Chairman Peter Ramundo Vice Chairman Kenneth R.Gaynor Assistant Secretary Gerald James Assistant Secretary Richard Leonhard Assistant Secretary Also present were: Calvin Teague District Manager Patrick Dorbad MICA General Manager Chad Montgomery HOA Grounds Superintendent The following is a summary of the discussions and actions taken at the April 5, 2016 Board of Supervisors meeting FIRST ORDER OF BUSINESS Roll Call The meeting was called to order and all Supervisors were present. SECOND ORDER OF BUSINESS Public Comment on Agenda Items There not being any,the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the March 1,2016 Meeting Mr. Lombardi stated each Board member received a copy of the minutes of the March 1,2016 meeting and requested any corrections,additions or deletions. There not being any, On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the minutes of the March 1,2016 meeting were approved. a6ellaa sa de aauM0 e6e Je sa de uou. 3e tS� H I N-Ob'A � 566 } ONO'1- aQ� �. H 1 N �� 4 n`d C?r crn �a- t a.. April 5, 2016 Naples Heritage CDD a FOURTH ORDER OF BUSINESS Old Business A. Update on Lake Fountain • Mr. Gaynor provided an update on the new fountain. White lights were installed as opposed to color lights;which would cost an additional$5,100. • Discussion ensued with regard to installing color lights and it was agreed to leave the white lights as installed. Staff was authorized to pay the remaining invoice balance of$12,078 to the contractor. B. Lake Quality Analysis/Aerator Discussion • Mr. Chad Montgomery reviewed the analysis received from Superior Waterway regarding Lakes 7 and 16. D Dissolved oxygen levels were all above 5.5 ppm. D Organic sedimentation at the bottom of the lakes was less than 8 inches. • Discussion ensued with regard to the analysis and the cost of aerators. It was determined aeration on these two lakes was not needed. • Mr. Montgomery will see how the biological treatments he applied work before any decision on aerators is made. • Additional testing of Lakes was discussed. On MOTION by Mr. Gaynor seconded by Mr. Leonhard with all in favor to continue with analysis of Lakes 11 and 17 in an amount not to exceed$1,500 was approved. FIFTH ORDER OF BUSINESS New Business A. West Boundary Tree Trimming • Mr. Gaynor addressed the Code Enforcement Notice of Violation received from Collier County for a potential violation regarding the Ficus trees overhanging onto lots on the Firano development which prevent sunlight from penetrating their required plantings. • Discussion ensued with regard to this issue and responsibility for maintaining the area. The CDD owns the property. { 2 (So eBelPell seldeN-ob'A : 966I.) ONO1-JauMo aao a6eluaH seldeN :luewyoe�ry ;# 90 csr 0 v April 5, 2016 Naples Heritage CDD a • District Counsel has noted that the ultimate obligation to maintain this property is with the owner of the property. • Three proposals to have this area cleaned were obtained. Expert Lawn Care,LLC provided the lowest bid in the amount of$5,000. On MOTION by Mr. James seconded by Mr. Leonhard with all in favor the proposal from Expert Lawn Care, LLC in an amount not to exceed$5,500 was approved. • Mr. Gaynor will notify the County that the District is cleaning up the area. SIXTH ORDER OF BUSINESS Manager's Report A. Approval of Financial Statements • The financial statements for the period ending February 29,2016 were reviewed. D Fountain expense will be reclassified to Field Misc.-Contingency. On MOTION by Mr. James seconded by Mr. Gaynor with all in favor the February 29, 2016 financials were accepted. B. FY 2017 Budget Review • No changes were made to the tentative budget. • It was noted lake levels are still high; but Landshore should be able to return in two weeks to work on structure F10. • The annual Field Inspection Report will be available for the next meeting. • Information for the general election and the tentative fiscal year 2017 budget has been posted on the District website. SEVENTH ORDER OF BUSINESS Attorney's Report There not being any,the next item followed. EIGHTH ORDER OF BUSINESS Supervisor's Requests • Supervisor James commented on the five acres the HOA was purchasing and if the CDD would be required to include this area in their preserve obligations. 3 (93 e6ellieN seldeN-OVA: S660 ONO1-JauMo aao e6e ieH seldeN :luewyoe;1v N' V:, 3. cir a April 5, 2016 Naples Heritage CDD co CL. • Discussion ensued with regard to the five acre area and maintenance obligations. • Mr. Teague commented that if it was included in the CDD's responsibilities it would have to be included in the permit which the Board would have to accept. In addition they would have to be given an ownership or land interest position in this area through title or an easement. The CDD would not be forced to accept any new responsibilities they did not want to accept. They could not be forced to accept responsibility or spend funds on private property. NINTH ORDER OF BUSINESS Audience Comments There not being any,the next item followed. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION byMr. Gaynor`seconded byMr.James with all in favor the meeting was adjourned. le 73,14\-7 Cal Teat / Peter I.LmbarA, Secretary Chairman 4 d"-t-9.0 c Gina Green From: Huber,Joe <huber@CCAPGH.org> Sent: Friday,August 19, 2016 5:45 PM To: 'Gina Green';chusee@wpa.net Cc: 'Patrick Dorbad' Subject: RE: Patrick Gina. Thank for providing me with the information on the vacation of the conservation easement I have had a busy week and have just had the opportunity to reviewed the material. I do have some questions for you .If you could please give me a call Monday morning. I have some meetings beginning at 9:30. My cell number is 412-680-0509.If we agree to the send _ a letter vacating the easement I propose the language listed below. I look forward to speaking with you. 1 U m a) Mr. & Mrs.Joseph V Huber., as owners of Lot 1, Block F, Naples Heritage Phase 2-A, the lot located to the east and ;3 adjacent to the Conservation Easement C5 of the Naples Heritage Golf& Country Club, has no objection to the vacation of that portion of Tract C5, a Conservation Easement in Naples Heritage Golf& Country Club, Phase One that lies adjacent to their property on the condition that Naples Heritage Golf and Country Club shall erect at a minimum an —m0. Enhanced Type B Landscape Buffer as set forth in Exhibit"A-2" attached hereto in the above described Conservation Easement. ci U, rn o) From:Gina Green [mailto:ggreeneng@aol.com] Sent:Wednesday,August 17, 2016 1:46 PM c� To: Huber,Joe;chusee@wpa.net Cc:'Patrick Dorbad' m Subject: RE: Patrick m 0 Good Afternoon Mr. & Mrs. Huber: -' 0 Please find attached 3 drawings. Two that show the aerial view of your house. One is taken from the property appraisers website. I have highlighted in yellow,the Conservation Easement that is presently located on the north and E west sides of your property. The second is the engineering plan for the tennis facility along with the approximate °' location of your house on your lot so you can see the proximity of your house to the proposed improvements. The third amici is the Landscape buffer that is part of the PUD Amendment that is required in the 25' along the side of your property where the Conservation Easement is presently located. Please be aware that the Property Appraiser's aerial is slightly off with the parcel lines. This unfortunately cannot be changed to be depicted correctly on this plan due to the rectification and alignment of their overlay on the aerials by the County. But it does give a representation of your house and the lands around it. The proposed tennis courts will be approximately 100' west of your house. The amenities building will be located to the north of your house and due west of the cul-de-sac, approximately 75'from your property west property line(approx. 100'from the northwest corner your house). The area between your house and these proposed improvements will be natural area maintaining the native vegetation,except for exotic tree removal (which is Brazilian pepper hedge, melaleuca,and any other vegetation that is deemed exotic by Collier County and SFWMD). All of the pines, palms,etc. will remain. There will also be a 25' landscape buffer with 80%opacity required along all of Colonial Court and adjacent to your house located in the 25' conservation easement that we are proposing to vacate. This buffer is required by Collier County and will be installed and maintained by Naples Heritage. This requirement is an enhanced standard over 1 Packet Pg.220 9Cc the County minimum for residential parcels adjacent to recreation facilities that was required during the hearings for the PUD Amendment for the tennis site to be added to the PUD for Naples Heritage. The county minimum for recreational structures adjacent to residential lot lines is 50'. We have placed these facilities twice this amount to accommodate the neighboring properties. On the engineering plan,there is a hatched area to the west of your lot, in the current Conservation easement,that shows fill and sod that is located in the conservation easement. These improvements to the Conservation easement area violation of code and if the County and the South Florida Water Management District chose to pursue, could require the removal of the fill and vegetative improvements and the area restored to natural grade with native plantings as restoration to return this area to its previous natural state. As part of the permitting with SFWMD and the vacation of this easement,this will allow for the fill and vegetation to remain as it is and also allows for additional landscape improvements to be placed in this area without it being a violation of code. If we do not vacate the conservation easement,then SFWMD will require that this area be restored to its natural state which would mean that the existing vegetation and fill would be removed and scraped down to match the natural grade of the parcel where the tennis center is proposed. This would impact your side yard and may require some sort of slope restraint such as a retaining wall, landscape timbers or stacked interlocking paver brick wall. It is the intent of Naples Heritage to work with you on this vegetative buffer and see that you are shielded from the tennis center. Please review these plans and feel free to call me with any questions you may have. My cell number is 239-229-6238. My office number is listed below. ca If this is agreeable to you,we ask that you provide a Letter of No Objection to the vacation of the easement. You can copy and paste the language below into a letter, sign and email it back to myself or Patrick Dorbad at Naples Heritage. > Mr. & Mrs.Joseph Huber., as owners of Lot 1, Block F, Naples Heritage Phase 2-A, the lot located to the east and adjacent to the Conservation Easement C5 of the Naples Heritage Golf& Country Club, has no objection to the vacation 'of that portion of Tract C5, a Conservation Easement in Naples Heritage Golf& Country Club, Phase One that lies adjacent to their property. —' m Thank you for your consideration in this matter. I look forward to speaking to you if you have any questions. Gina R. Green, P.E. o 3310 1st Avenue NW Naples, FL 34120 239-348-0500 866-720-4823-FAX a) E From:Patrick Dorbad [ma ilto:gm@nhgcc.com] 0 Sent:Wednesday,August 17, 2016 12:24 PM To:Gina Green<ggreeneng@aol.com> Cc:Huber,Joe<huber@CCAPGH.org>;chusee@wpa.net Subject: Patrick Gina, Can you please forward on to Mr. & Mrs. Huber what we spoke of? Here is their email. Thank you, Patrick J. Porbad, CAM General Manager/COO Naples Heritage Golf&Country Club gm(c�nhgcc.com 2 Packet Pg 221 f,9C.c (239)417-2555 Office (239)417-1717 Fax t c A p4A assocpec wsp, , AMHfl1GA A COWUNIIIES IhtERNETIO AL ..... of t,XCELLENCE._.._. t ici&ie.,C:,a i 411110.".. Mission Statement "Naples Heritage Golf&Country Club is a casually elegant golf club with a commitment to provide friendly and sincere personal service driven by a well trained and quality oriented staff with hands on management working as a team to meet and exceed our members and guests expectations" iii0 a> a ea •L a) 2 cn a) as Z U a > c "i 1 a`) a I as 0 -,E 0 L as E 0 a a) E V 03yy d 4 I 3 Packet Pg.222 r b9YC.d ..... Marcus L. Berman, P.S. M. County Land Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive Naples Florida 34104 September 20.2016 RE: Naples Heritage Golf&Country Club Vacation of Easement V Petition VAC-PL20160001406 Dear Mr. Berman, We are the owners of Lot 1 in the Naples Heritage Golf&Country Club plan of lots show as Folio 61870001621 on the site plan for vacation submitted by Gina R.Green, P.A. Per my conversation Ts with Scoot Stone and Eric Johnson objecting to this vacation,this letter is to express our written objection t to the vacation of this easement. In support of this we cite the following reasons: et 1. Vacation of this easement would eliminate the quiet and peaceful enjoyment by us and other residents of Colonial Court a totally single family residential neighbor. 2. We paid a premium for this property location because of the charartistics of the neigh hood itu and the unique nature of this area in Naples Heritage.The easement enhanced these 12 characteristics of Colonial Court. 3. The single family homes on Colonial Court are the only single family homes not on Naples Heritage Drive the main thoroughfare in the Naples Heritage Community which makes the E street unique. ,° 4. Development of the adjacent parcel will substantially increase traffic on Colonial Court and aJ the intersection at Naples Heritage drive.The addition of an entrance to this development close to this intersection will create a hazardous and unsafe condition. I c 5. Colonia Court cul de sac is used by all residents of Naples Heritage for walking jogging and bicycle riding both by adults and children.The resultant increased traffic and intersection will result in a safety hazard for these individuals. 0 6. The easement provides a buffer for our property from any development including the proposed in this plan.The proposed landscape buffer is insufficient to prevent the disruption and attendant noise and activity associated with a recreational area 7. At the time of our purchase of our lot,the property sought to be developed for the tennis e courts was not owned by the PUD. It was purchased to prevent further development with the objective of preventing additional traffic in this neighborhood and the community. Development of this site is inconsistent with this objective,and imposes a development never contemplated by the original developers or the purchasers of Colonial Court. 8. All of land to the south east and west is currently either wooded,conservation or preserve. Except for the six single family homes.Vacation this easement and the subsequent development of a recreational area on the adjacent property will have a negative environmental impact on birds and wildlife as well the residents of Colonial Court. 9. Vacation of this property and adding fill, and changing the contours of the land could negatively impact the water flow drainage and potential for standing water in the area Packet Pg.-223 �Cd thereby impacting adjacent property owners. 10. There are no other recreational areas in the single family residential portion of Naples Heritage PUD:yet this plan seeks to prose one on these residents. 11. Vacation of this easement will negatively impact the property values of residents of Colonial Court. The letter submitted with this with this vacation request states and I quote"there is an indirect public benefit of vacating this conservation easement".We see no public benefit and a lot of adverse impact on us,the residents of Colonial Court and adjacent property owners. The Naples Heritage PUD has available property that could be utilized to develop this tennis facility near the existing clubhouse,golf club,swing pool and restaurant.Adding this existing tract rather than t� developing it would add to the preserve and conservation area in the PUD. co In our view and many others there has not been a good faith attempt to pursue another location for the = tennis courts. If this were a new development, no developer would propose to put a recreation facility such as proposed here in the midst of a single family residential area nor would a municipality in my Q- view approve such a plan without serious review and questioning. In the instant case,they seek to impose such a Plan on residents some of whom have resided in the community for decades,and have done so with misrepresentations and half-truths. ., 1.0 We ask that you reject the application for Vacation of this conservation Easement. °' m � Respectfully Submitted, 12.-� 1 a> 0 E 0 L Joseph h V. Huber Barbara M. Huber J 3645 SR 982 Latrobe, Pa 15650 O Packet Pg.r224 9.0.e Marcus L Berman,P.S.M County Land Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive Naples Florida 34104 Re: Naples Heritage Golf&Country Club Vacation of Easement Petition VAC-PL20160001406 v a, a Dear Mr. Berman I am the owner of Lot#2 in the Naples Heritage Golf&Country Club at 7689 Colonial Court,Naples Florida 34112,please consider this communication as my to written objection to the vacation of this easement. ci It is my understanding you have been in receipt of a similar written objection from several other property owners on Colonial Court,most notable from Mr.Joeseph Huber which definitively identifies and captures many valid reasons for your office to reject the application for Vacation of this conservation Easement. Without rehashing that communication, I would add the following emphasis to some = of his points of contention. N 1. The proposed vacation of this easement and subsequent proposed ° alterations to the Naples Heritage PUD are substantially different than what was represented to the residents of Colonial Court as recent as six months E ago. This is very concerning. 2. When I purchased this residential property in 2014, It was largely because of the characteristics of the property,including the minimal amount of traffic, and environmental make up of the neighborhood. 3. There is no doubt that this will negatively impact the values of the properties in this neighborhood,. 4. I am particularly concerned about the impact on drainage and water O collection on lots that are adjacent or nearly adjacent to the proposed recreational area as a result of changes to the landscaping and contour of said area. Please consider the above as your office carefully considers the vacation of this conservation Easement. I respectfully ask that you consider the negative impact on the environment as well as the unfavorable effects on the residents of the Colonial Court Neighborhood. Thank you in advance for your careful consideration of this matter. Packet Pg.225 9Ce Respectfully Submitted. Bart Boissonneault Herminia Muche 7689 Colonial Court Naples Florida 34112 U a) L U) C) Q CU z U Q U, a> a3 4- co a) c o^ N .o to E 0 L L d i+ a� J 0 V a> 0 C d E V 4 1 Packet Pg.`226" WALTER S. KULBACKI • 7677 Colonial Court« Naples Florida, 34112 703-894-8934 September 25, 2016 Marcus L. Berman, P.S. M. County Land Surveyor t> Development Review Division Growth Management Department 2800 N.Horseshoe Drive Naples Florida 34104 d 0. RE: Naples Heritage Golf&Country Club Vacation of Easement e.) Petition VAC-PL20160001406 > u) Dear Mr.Berman, My wife and I are full time residents and live at 7677 Colonial Court, Naples FL 34112 in the Naples Heritage Golf and Country Club Community.We are the owners of Lot 5 shown as Folio 61870001702 as shown on the site plan for vacation submitted by Gina Green, P.A. In addition I .a have been discussing this proposed relocation of a recreation area...specifically 6 tennis courts and associated additional infrastructure elements with Bob Mulhere(Planning Engineer Hole Montes), Eric Johnson(Collier County Planning Engineer), and Pat Dorbad, the GM of NHGCC. This letter expresses my strong objection to the vacation easement as outlined with the ci significant reasons below: a • Safety and Traffic Flow—Putting the 6 courts in this residential area would greatly and ; dramatically increase traffic and create a safety hazard for not only the residents of Colonial Court..but a safety issue for all those that use this quiet residential area for E walking and jogging.The road network on Colonial Court was not designed for this level of traffic ...as well as the feeder roads to Colonial Court. This is why the courts are 1.3 currently located in a central location with the appropriate road network...as all Country Clubs in Naples have done. -r • The Residential Environmnet -Vacation of this easement would completely change the peaceful environment of a completely single family home environment....as well as destroying an essential preserve and conservation area that needs to be maintained in O our residential community. Owners paid a premium for the Colonial Court location and were told the land across from their homes would remain a preserve and conservation d area. • Buffer for Colonial Court Residents-The easement provides a buffer for our property from any development including the proposed relocation of courts in this plan.The d proposed landscape buffer is insufficient to prevent the disruption and attendant noise and activity associated with a tennis recreational area. • Bird and Wildlife Impact-All of land to the south east and west is currently either wooded, conservation or preserve, except for the six single family homes.Vacation of this easement and the subsequent development of a recreational area on the adjacent Packet,Pg 227, 9Cf property will have a negative environmental impact on birds and wildlife as well the r—• residents of Colonial Court. • Topographcal Concerns to Include Water Flow—Because of the low level and topographical contour of the land, water flow, containment and contour of the land will require significant fill..which when completed would not satisfy the efficient flow of water out of the area...and would cause a good deal of standing water which would not be good for health reasons.The SW Florida Water Authority is currently evaluating this for approval and more than likely will not be able and should not approve the plan for this ,j, area. .The Collier County planning Board also has raised concerns of water flow and v m associated issues for this plan. c) r • Purchase of Land—The purchase of this land was to prevent any further development 1- d in this area and to maintain the preserve and conservation areas not only for the Colonial = Court resident..but for all the residents of NHGCC who use the Colonial Court as a m walking and jogging area. to • No Good Faith Effort for Central Location—The 6 Tennis courts were initially planned Z U in a central location near in the area of the golf driving range. For some reason there > was no application developed and sent to the Corps of Engineers(COE)for this site. Approval could have been attained since once the 5 acres near Colonial Ct were traded 0) for the proposed driving range location it would be a"zero plus"swap for preserve area. The Project Mana9er COE responsible for this effort was not sure why this was not done. Y 0 • Buffers—Adequate buffering for the residents on Colonial Ct,as well as all residents vs bordering this proposed recreation area cannot be done if this easement is vacated.This Y again was a concern for the County Planning Board..in particular its Chairmen as noted a, in the planning board minutes. c 17.• Summary and Conclusion There is no public benefit as highlighted in the letter v requesting vacation. As outlined above, it is a public negative to not only the Colonial '° c Court residents, but all NGCC residents(almost 50%voted against this plan).Asvs highlighted above,safety,the preserve,and conservation environment are critical factors, ... as along with the imminent water issues idenitified for vacating the easement. The Naples Heritage PUD has available property that could be utilized to develop this tennis facility o near the existing clubhouse, golf club,swimming pool and restaurant.Adding this existing e tract rather than developing it would add to the preserve and conservation area in the m PUD.In our view and many other residents,there has not been a good faith attempt to pursue another location for the tennis courts. If this were a new development, no c developer would propose to put a recreation facility such as proposed here in the midst of ° a single family residential area nor would a municipality in my view approve such a plan. In this instance, NHGCC seek to impose such a plan on residents some of whom have 0 O resided in the community for decades, and have done so with misrepresentations and c half-truths. m E We respectfully and strongly request that you reject the application for Vacation of this vs i conservation Easement Should you need any additional information or clarification please do not a hesitate o call me. ilk ,� low. , Walter and Catherine Kulbacki ,,.... Packet Pg.228 90g ' September 29, 2016 Marcus L. Berman, P.S.M. County Land Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 U) U RE: Naples Heritage Golf and Country Club a Vacation of Easement Petition VAC-PL20160001406 a, x v, a, 0. Dear Mr, Berman, ca We are the owners of Lot#3 (7685 Colonial Ct) and have resided here for 16 years.Our lot is Folio 61870001663 on the site plan.This letter is to state our objection to the vacation of the above easement. We are in complete agreement with letters submitted by our neighbors Joseph and Barbara Huber, Walter and Catherine Kulbacki, Bart Boissonneault and Herminia Muche.They have detailed all of our concerns. 0 J We see absolutely no reason for this beautiful conservation area to be disturbed.There are many other options that have not been thoroughly investigated. Locating the tennis courts closer to the other amenities makes more sense. 0 47. We ask that you reject the application for the vacation of this conservation easement.Your thoughtful consideration will be deeply appreciated. o a, E Respectfully Submitted, o6-02,-1 Leon and Barbara Case 7685 Colonial Court Naples, FL 34112 Packet Pg.229 . 1 ,,ER (50 e6e;lieH saldeN-OVA : 9666) YOH w0.1J as;;ai ieno.tddy a6e;l.taH saideN :;uawyoe;;y 111 I 'j mplete items 1,2,and 3. A. bignature 1,9 I os' °nt your name and address on the reverse x(n. 1/, Atli / 0 Agent di that we can return the card to you. Al�i ©Addressee ,11.:1,,, � I. ;each this card to the back of the mailpiece, B. Received by��rfnted Zile) `"ate of Delivery i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes 7,„0,-, '') V ./r�� II YES,enter delivery address below: ❑No ( � i i bb o-,,c_X1 , 1 J-a, 11 Com- Laic_,-- � my� 33/�" ' g !f 3. Service ❑Prion'ty Mail Express® I 11111111111111111��� Ii 1) I1I 1 11 0 Adult Signature 0 Registered Malin, dultS Mail®Restrtoted Delivery ❑wed Mall Restricted 9590 9403 0297 5155 1004 39 o Certified Collect Mall R et ed Delivery ry ,❑Return pt tor fierchanclIse 2. Article Number(Transfer from service label) ❑Collect onDelivery Restricted Delivery-�Signature Con&matiortn'I i ❑Insured Mail ❑Stature Confirmationt 7010 1870 0UO2 7485 8 9 8 V o 11./94_1715r Fteetrlted Dam,ery Restricted Delivery ,ement that we are the PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ct C5 of Naples Heritage Golf &Country Club,Phase one and have no objection to the vacation of this Conservation Easement. Sincerely, Atki.),ce lo David Beiser, President 1 Naples Heritage Golf&Country Club 1 cc:Severn Trent d 1 a SI�'IAGNMP c 0 U N T R Y C I. U BIII0 111111 IP 8150 Heritage Club Ways Naples,Florida 34112 ssr2-5' ?7.,:`,' ti2 3 VI 1 f 70110 11870 0002 7485 8981, --- •- - ... . .-...__....... .. __ Severn Trent i Bob I<onar . • 5911 Country Lake Dr Ft. Myers FL 33905 8150 Heritage Club Ways Naples,Florida 34112 239-417-2555 s Fax 239-417-1717 (go e6e1LiaH saideN-DVA : 5666) VOH wall Jewel Ieno.iddb a6e1lieH seldeN :luewyoellyr % oifGo APLES HERITAGE I o kr� 1GOLF Et COUNTRY CLUB z q m Ne- ` l i lite y F. " P sw`)¢�i 7mPrO t.or August 29,2016 e Community Development District: To Naples Herttag I w The Naples Heritage Golf&Golf Club,Inc.submits this letter as acknowledgement that we are the I applicant of the vacation of a portion of the Conservation Easement for Tract C5 of Naples Heritage Golf I &Country Club,Phase one and have no objection to the vacation of this Conservation Easement. I 1 Sincerely,du I a3 d ,6(.2tifiz,t__ David Beiser,President , Naples Heritage Golf&Country Club ---., cc:Severn Trent 1 LI I ,p.',.:",,:i:::,,':, :-:.,..,21y,°:, ',LS Pt.'?'_:1-/(3',,:'. .FIME i f,4 :;i!;--:,t,"1:,: .VSs: 1"`� 'i;i -_ _-_-_ - 140, NAPLES HERITAGE �1+ G O L F 6 C O U N T R Y C L U B i s��34.1 l' - �?.'" =;_ �' .fit .� ... ='J 8150 Heritage Club Way a Naples,Florida 34112 L,.,......_:.`s"-_._: 00 i3r 22:30%:;{ 7010 1870 0002 7485 8981 - - ... . . . . ..-. .. ..--_-..........__ Severn Trent Bob Konar • 5911 Country Lake Dr Ft. Myers FL 33905 8150 Heritage Club Way o Naples,Florida 34112 239-417-2555 0Fax 239-417-1717 'N.,,,,,0.‘...i `SfiN^a.s.tV. ..i'' , . to kbs t ,'. d NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on October 11,2016, 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 en at 9:00 A.M. The title of the proposed Resolution is as follows: V RESOLUTION NO.2016co - 3 A RESOLUTION OF THE BOARD OF COUNTY L COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO m = DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT C5 CONSERVATION AREA,AND A PORTION OF THE 10 FOOT d COLLIER COUNTY CONSERVATION BUFFER EASEMENT a WITHIN TRACT C5,AS SHOWN ON NAPLES HERITAGE GOLF R AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73 N Z OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. p 9 THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 > MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH m OF DAVIS BLVD, IN SECTION 9, TOWNSHIP SO SOUTH, a RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION 3 w its VAC-PL20160001406) ,,, oa n. A copy of the proposed Resolution is on file with the Clerk to the =` o Board and is available for inspection. All interested parties are ; c invited to attend and be heard. -o o in NOTE: All persons wishing to speak on any agenda item must i CD register with the County manager prior to presentation of j m the agenda item to be addressed. Individual speakers will be Z limited to 5 minutes on any item. The selection of any individual r. to speak on behalf of an organization or group is encouraged. ,v a 1 If recognized by the Chairman, a spokesperson for a group or c organization may be allotted 10 minutes to speak on an item. o, co Persons wishing to have written or graphic materials included in to z Q the Board agenda packets must submit said material a minimum a of 3 weeks prior to the respective public hearing. In any case, N Q written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of t p � seven days prior to the public hearing. All materials used in ,� j presentations before the Board will become a permanent part Z of the record. to Y Any person who decides to appeal any decision of the Board 51 as E will need a record of the proceedings pertaining thereto and -c therefore, may need to ensure that a verbatim record of thets evidencenupon made,is hithe appals baseddes the testimony and Q 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, (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. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN / DWIGHT E.BROCK,CLERK n By: Teresa Cannon, Deputy Clerk(SEAL) September 21&28.2016 No.1270014 . Packet.Pg.232 9:Ci d aci. ci , c .- -,y, - NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby'given that on October 11, 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 Countnce at 9:00 A.M.. Thetitle ofResolution.the proposed R solut on sThell as follocommws: RESOLUTION NO.2016-____ in U A RESOLUTION OF THE BOARD OF COUNTY m COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO � a DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT c CS CONSERVATION AREA,AND A PORTION OF THE 10 FOOT a) COLLIER COUNTY CONSERVATION BUFFER EASEMENT a WITHIN TRACT CS,AS SHOWN ON NAPLES HERITAGE GOLF in AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73 in OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 0 THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 a MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH z OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION > VAC-PL20160001406) •• A copy of the proposed Resolution is on file with the Clerk to the in Board and is available for inspection. All interested parties are N a invited to attend and be heard. r.+ � NOTE: All persons wishing to speak on any agenda item must 0 ca register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be CD 0 limited to 5 minutes on any item: The selection of any individual Q 6, to speak on behalf of an organization or group is encouraged. a c If recognized lay the Chairman, a spokesperson for a group or z organization may be allotted 10 minutes to speak on an item. 0 Persons wishing to have written or graphic materials included in vl ac its the Board agenda packets must submit said material a minimum N m of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall c < be submitted to the appropriate County staff a minimum of n seven days prior to the public hearing. All materials used in , Q o, presentations before the Board will become a permanent part. N of the record. e Any person who decides to appeal any decision of the Board J Z will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and m 0 evidence upon which the appeal is based. E d a If you are a person with a disability who needs any accommodation a in order to participate in this proceeding, you are entitled, at z no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, z N located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. in the Board of County Commiss Che ommissioners Off ceaired are available BOARD OF COUNTY COMMI COLLIER COUNTY,FLORI ASSIONERS DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Deputy Clerk(SEAL) �-� Seatember 21&28.2016 No.1270014 i �.Packet Pg 233