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Agenda 11/15/2016 Item #17H 17H 11/15/2016 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-PL20160000379 to disclaim, renounce, and vacate the County and the public interest in a portion of the east end of the 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.(Companion to Agenda Items 17.F and 17.G). OBJECTIVE: To adopt a Resolution to vacate the County and the public's interest in a portion of the east end of the 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,being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20160000379 has been received by the Development Review Division, Growth Management Department, from Robert J. Mulhere, FAICP, of Hole Montes, Inc., as agent for the petitioner, Collier County Airport Authority, to vacate a portion of the east end of the 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,as further described in Exhibit A of the attached Resolution. 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. Vacating this portion of Mainsail Drive will not have a public detriment, and it will not affect access to any properties within the Marco Shores subdivision (now known as Hammock Bay Golf and Country Club). Letters of no objection have been received from various entities with utility facilities located in the vacated area (FPL, Comcast, CenturyLink, TECO People's Gas, and City of Marco Island), all of which were subject to a condition that a temporary utility easement will be granted in favor of the utilities over the subject vacated area, as reflected and further described in the attached Resolution. Moreover, the City of Marco Island's letter of no objection was subject to several additional conditions, which have been incorporated into the Resolution as conditions of approval under Exhibit B. The petitioner, Collier County Airport Authority,has agreed to all of the above referenced conditions. A Resolution to set this hearing date (Resolution No. 2016-222) was approved by the Board of County Commissioners(Board)on October 25,2016. Staff has reviewed this petition and found no reason for objection. FISCAL IMPACT: 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 impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of 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, Packet Pg.2121 17.H 11/15/2016 Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with respect to property under their control, upon petition of any person or persons, may adopt a resolution to vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith, 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, OR a statement from the Petitioner demonstrating the reason for the request including any property or financial interest or projects affected by a granting of such request. Moreover, pursuant to Florida Statutes Section 177.101, the Board may adopt resolutions vacating plats in whole or in part of subdivisions when the vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC- PL20160000379, which will vacate a portion of the east end of the 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. To 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 Marco Shores Unit One, as recorded in Plat Book 14, Page 33, of the Public Records of Collier County,Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department ATTACHMENT(S) 1.Resolution initialed by SAS - 100616 (PDF) 2.Plat of Marco Shores Unit One PB 14pg33 (PDF) 3.Letters of No Objection(PDF) 4.Plat of Marco Shores Unit One PB 14pg38 (PDF) 5.Application for Vacating ROW (PDF) 6. Legal Ad-Agenda ID 1507 (PDF) Packet Pg.2122 17.H 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 17.H 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-PL20160000379 to disclaim, renounce and vacate the County and the 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. (Companion to Agenda Items 17.F and 17.G). Meeting Date: 11/15/2016 Prepared by: Title: County Surveyor—Growth Management Development Review Name: Marcus Berman 10/21/2016 10:15 AM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 10/21/2016 10:15 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/25/2016 11:08 AM Capital Project Planning, Impact Fees,and Program Management Gerald Kurtz Level 1 Sim.Reviewer 1-8Completed Growth Management Development Review John Houldsworth Level 1 Sim.Reviewer 1-8Completed Capital Project Planning, Impact Fees,and Program Management Trinity Scott Level 1 Sim.Reviewer 1-8Completed Growth Management Department Matthew McLean Level 1 Sim.Reviewer 1-8 Completed 10/25/2016 5:15 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/27/2016 11:15 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/02/2016 8:54 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 11/02/2016 1:31 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 2:05 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2016 1:48 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 11/08/2016 3:55 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/08/2016 4:16 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM Packet Pg.2123 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 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, pursuant to Resolution 2013-166, Petitioner, Robert J. Mulhere, FAICP, of Hole Montes, Inc., has requested the vacation of the County and the 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 described in Exhibit A, attached hereto; and WHEREAS, at its October 25, 2016 regular meeting, the Board of Commissioners, via Resolution No. 2016- , approved the scheduling of a public hearing on November 15, 2016, pursuant to Resolution 2013-166; 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; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County 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, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit, subject to the conditions requested by the City of Marco Island, as described in Exhibit B, attached hereto. BE IT FURTHER RESOLVED, that the County does not renounce or disclaim a temporary utility easement in favor of Florida Power & Light Co., Comcast, CenturyLink, TECO People's Gas, and the City of Marco Island (the "Utilities") over the property described in Exhibit A. The temporary easement shall automatically expire at the time a permanent easement is recorded by the County in favor of the Utilities. [16 -EIS -03250/1282459/1] 1 of 2 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 Marco Shores Unit One, as recorded in Plat Book 14, Page 33, of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this the day of , 2016. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am �ol�n/ Ido DONNA FIALA, Chairman Attachments: 1. Location -Site Map 2. Exhibit A — Legal description of vacated area 3. Exhibit B — Letter from City of Marco Island, dated April 20, 2015 [16 -EI S-03250/1282459/11 2of2 VAC- PL20160000379 LOCATION MAP W U y 0 0 0 Z Prepared by Marcus L. Berman P.S.M MARCO SHORES UNIT ONE PLAT BOOK 14, PAGE 33 TRACT 6 CT N �•` TRACT P \its•,. TRACT C TRACT D ACT TRACT C TRACT RIGHT-OF-WAY BEING VACATED 0 Y a County Land Surveyor Florida Surveyor & Mapper LS 5086 Growth Management Department Development Review Division 2800 North Horseshoe Drive, Naples Florida 34104 SITE MAP (aPlanningand Regulation\Engineering Department\Engineering Folders\ACRD SURVEY DRAWINGS\Marco Shores\VAC-PL20160000379 Marco Shores Unit One.dwg, 2/22/2016 3:05:10 PM T COPPER �( �S2i�T PELICAN LAKE y� PRES�� J � 15 14 13 V1 MARCO SHORES / FIDDLER'S CREEK (DRI) MARCO SHORES/ FIDDLER'S CREEK (DRI) a w 23 24 0 22 m w O U MARCO SH RES COUNTRY U8 25 27 26 34 35 36 0�o PROJECT LOCATION LOCATION MAP W U y 0 0 0 Z Prepared by Marcus L. Berman P.S.M MARCO SHORES UNIT ONE PLAT BOOK 14, PAGE 33 TRACT 6 CT N �•` TRACT P \its•,. TRACT C TRACT D ACT TRACT C TRACT RIGHT-OF-WAY BEING VACATED 0 Y a County Land Surveyor Florida Surveyor & Mapper LS 5086 Growth Management Department Development Review Division 2800 North Horseshoe Drive, Naples Florida 34104 SITE MAP (aPlanningand Regulation\Engineering Department\Engineering Folders\ACRD SURVEY DRAWINGS\Marco Shores\VAC-PL20160000379 Marco Shores Unit One.dwg, 2/22/2016 3:05:10 PM H:\2012\2012066\DW\SIJ\2015089\MKY ROW VAC.drg Tob: Loywtl Dec 30, 2015 — 9:11om Plotted by. BenNorell GRAPHIC SCALE '°° 50 '°° EXHIBIT "A" POINT OF COMMENCEMENT ( IN FEET ) NORTHEAST CORNER a TRACT Q, MARCO SHORES r � z m � � cD CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH7n,�i C1 1305.00' 12'58'26" 294.87' N 84'23'34" E 295.50' Q" TRACT Q, MARCO SHORES N o W AIRPORT 1J MARCO SHORES (0 O W POINT OF BEGINNING „ 41 91' E 2 N 77.54' 19 C1 MAIN SAIDRIVE —. _ I 00 0 N W N O O Z 153.41' N 84' 45 '47" W S 75 48' 17 „ W 435.12 ITA t--) CA COC 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 N8445'47"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 PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S11'59'55"E HOLE MONTES, INC. CERTIFICATE QF AUJTH R. A N LB #1772 BY: ___P.S.M. #6278 RN.HILTON SEC-TWN-RGE: 950 Encore Way rrtudnw rv�. 26 -DATE Naples, FL 34110 15.08:' AWN Y: DATE Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION `9 BEN 12/15 HOLE MONTES Florida Certificate of R N NO'.-- ...... Y: RAWING NO. ENGINEERS PLANNERS SURVEYORS MKY ROW VAC ��ry B-7333 Authorization No.1772 Exhibit B Doff �. � cf)18VUS0141 CMI 1 1111WAII 04 of . April 20,2015 Mr. Justin Lobb Airports Manager Collier County Airport Authority 2005 Mainsail Dr., Suite 1 Naples, Florida 34114-8955 Subject: Marco Island Executive Airport . Mainsail Dr. Right of Way Vacation Dear Mr. Lobb: sent via email and US Mail The City of Marco Island (hereinafter referred to as the "CITY") has reviewed your request for a letter of no objection to the Collier County Airport Authority's (hereinafter referred to as the "AIRPORT") intent to vacate a portion of the Mainsail Dr. right of way. The CITY does have existing water and sewer improvements within this right of way that will be affected by the vacation. The CITY acknowledges AIRPORT's statement that the CITY's water and sewer facilities will be relocated by the AIRPORT at no expense to the CITY. The CITY does not object to the right of way vacation as presented by the AIRPORT in its April 4, 2016 letter and the previous letters from Hole Montes representing the AIRPORT providing that the following conditions are met: C The AIRPORT will submit an infrastructure site improvement plan to the CITY for the CITY's review and approval depicting the existing and proposed locations of the CITY water and sewer improvements to be relocated prior to construction and prior to recording any easements. ® The AIRPORT will establish a temporary easement over the portion of the right of way to be vacated in favor of the CITY to remain in place until the infrastructure site improvement plans are approved, the new water and sewer improvements are constructed and accepted by the CITY, and the new permanent easements are recorded. o The AIRPORT will relocate the water master meter and backflow assembly to the West property line of the airport adjacent to the Mainsail Dr, right of way that will remain. C The AIRPORT will construct the new effluent main along the West and North property lines away from paved areas, structures, and landscape buffers. 807 E. Ellscam Circle, Marco Island, Florida .3,1145 (239) 389-5000 Fax (239) 389-1094 www.city f'inarcoisland.com • The AIRPORT will relocate the CITY's water flush line to the airport's West property line with the tee upstream of the master meter assembly. The existing flush line is located within the Mainsail Dr. right of way and flushes water to the golf course lake to the south. • The AIRPORT will construct a new sanitary forcemain check valve and associated valve vault and a water main gate valve with box at the airport's West property line adjacent to the remaining Mainsail Dr. right of way. • The AIRPORT will remove or take ownership of and grout and abandon all existing CITY water and sewer improvements that will no longer be needed after the new relocated improvements are in service. • The AIRPORT will notify the CITY a minimum of two weeks in advance of any construction. Contact Justin Martin at 239-389-5184. • The AIRPORT will provide signed and sealed asbuilt drawings to the CITY depicting the relocated and removed CITY water and sewer improvements and associated easements. • The AIRPORT will provide recorded contiguous easements to the CITY of all CITY water and sewer improvements within the airport property. • The AIRPORT will pay impact fees to the CITY for water and sewer for any expansion beyond the current level of service. • The AIRPORT's contractor will construct all water and sewer improvements to CITY standards and submit all testing results including, but not limited to pressure testing and bacteriological testing. • The AIRPORT will submit all water and sewer improvement conveyance requirements to the CITY for review, approval, and acceptance prior to placement in service, including but not limited to surveys, legal sketches, and descriptions, bill of sale, Owner's and attorney's affidavits, Warranty Deed, waivers and releases, one year warranty, FDEP placement in service authorization, CD of asbuilt drawings in .pdf and .dwg formats, backflow prevention inspection reports, etc... Please do not hesitate to contact Justin Martin at 239-389-5184 or by email at imartin cityofmarcoisland.cotii if you have any questions or need additional information. Very truly yours, �vV Roe r T. Hernstadt City Manager cc. Justin Martin, Jeff Poteet, Bart Bradshaw, Guillermo Polanco 50 Bald Nagle Dr., Marco Island, Florida 34145 (239) 389-5000 Fax (239) 389-4359 i-,,ww.cit,i,o-l'iiiarcoisland.coiii 2 of 2 (Ienaddv¢Alio IleeulfV•LOSL)CCOd9L6d euO 2IU l SOL°4O o°.eW L°Ield nuew4°mltl at o $ y o eo_ rs . g '$A�- 88__02= - 112€ 8a-_£_iIE I 98 a T . Y °d s' _ S_. _ L E. i G s 8:E 3 '12 i r i --.4=5 a$ " ow kiiiiii m ^') a2:4ew: !;i: ! o Q=2 `= n;m2 's`-s^: far El F: < �' °� _ - j°S- 0 2`o s fr t g a v e �; .. 3 a E: i$8E= 8F =' `_ F E ^g v 1 L 2 r$$ °o E O 8 Ulla E t a a LL-I clo�I2se:-ee s8e ° ° 2 ;°s6ie'ssY Ea.SB °E- a a =° -_ `E xd g1E eg LpF "Eco ;e s i 1l u ' ea8£ 2 It 1 Owa ,-piggy °8_ 8x2^` °- l2 °ps %%$ ' \ \ a I `` r' -i. 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Mainsail Drive Vacation PL# 20160000379 Collier County will immediately execute a temporary easement over the proposed portion of Mainsail Drive to be vacated, in favor of all of the utility providers with facilities located within that portion of the ROW. The temporary easement will remain in place until the improvement plans for the Airport are finalized, at which time the Airport will have the utilities located and surveyed, and either execute a permanent easement such over the current Iocation of such facilities, or, if necessary, relocate the facilities at the Airport's expense, and then a execute a permanent easement over that location. I, Kenneth D. Stinnett, authorized representative of CenturvLink, have reviewed (Name) (Utility) the above-mentioned request for vacation of right-of-way, and have No Objection to the proposed vacation of road right-of-way (portion of Mainsail Drive) as depicted. Kenneth D. Stinnett (Printed Name) OSP Engineer (Title) j�Qyy�yf %�, 03-16-2016 (Signature) (Date) PL 2016 00 0 0 379 REV 2 Mainsail Drive Vacation PL# 20160000379 Collier County will immediately execute a temporary easement over the proposed portion of Mainsail Drive to be vacated, in favor of all of the utility providers with facilities located within that portion of the ROW. The temporary easement will remain in place until the improvement plans for the Airport are finalized, at which time the Airport will have the utilities located and surveyed, and either execute a permanent easement such over the current location of such facilities, or, if necessary, relocate the facilities at the Airport's expense, and then a execute a permanent casement over that location. 1, ; I <' 2 u 'S , authorized representative of Florida Power & Lialrt, have reviewed (Name) (iltility) the above-mentioned request for vacation of right-of-way, and have No Objection to the proposed vacation of road right-of-way (portion of Mainsail Drive) as depicted. ��: Lie ONt,1-j (Printed Name) (Title) (Signature) 3/IDS 16 (Date) Mainsail Drive Vacation PL# 20160000379 I, Mark Cook, authorized representative of Comcast, have reviewed (Name) (Utility) the above-mentioned request for vacation of right-of-way, and have No Objection to the proposed vacation of road right-of-way (portion of Mainsail Drive) as depicted. (Printed Name) 40Cd-I �i iJA�02 (Title 3-1— '(Signature) (Date) February 24, 2016 Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 RE: Request for a Letter of No Objection for Vacation of Right -of -Way on Mainsail Drive to Accommodate Expansion of the Marco Island Executive Airport Dear Mr. Mulhere Staff has reviewed your request for a letter of "No Objection" for the above described property. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. Collier County Sheriff's Office (239) 252-0660 MJH:bah FEB 2 9 2016 HOLE MONTES, INC Mainsail Drive Vacation PL# 20160000379 I, rP-�Wk f SPXe/6#orized representative of Hammock Bay HOA, have reviewed (Name) (Utility) the above-mentioned request for vacation of right-of-way, and have No Objection to the proposed vacation of road right-of-way (portion of Mainsail Drive) as depicted. (Printed Name) (Title) (Signature) 2 . , l� (Date) PL v,ity of Marco Islan April 20, 2015 Mr. Justin Lobb Airports Manager Collier County Airport Authority 2005 Mainsail Dr., Suite 1 Naples, Florida 34114-8955 Subject: Marco Island Executive Airport Mainsail Dr. Right of Way Vacation Dear Mr. Lobb: sent via email and US Mail The City of Marco Island (hereinafter referred to as the "CITY") has reviewed your request for a letter of no objection to the Collier County Airport Authority's (hereinafter referred to as the "AIRPORT") intent to vacate a portion of the Mainsail Dr. right of way. The CITY does have existing water and sewer improvements within this right of way that will be affected by the vacation. The CITY acknowledges AIRPORT's statement that the CITY's water and sewer facilities will be relocated by the AIRPORT at no expense to the CITY. The CITY does not object to the right of way vacation as presented by the AIRPORT in its April 4, 2016 letter and the previous letters from Hole Montes representing the AIRPORT providing that the following conditions are met: • The AIRPORT will submit an infrastructure site improvement plan to the CITY for the CITY's review and approval depicting the existing and proposed locations of the CITY water and sewer improvements to be relocated prior to construction and prior to recording any easements. • The AIRPORT will establish a temporary easement over the portion of the right of way to be vacated in favor of the CITY to remain in place until the infrastructure site improvement plans are approved, the new water and sewer improvements are constructed and accepted by the CITY, and the new permanent easements are recorded. The AIRPORT will relocate the water master meter and backflow assembly to the West property line of the airport adjacent to the Mainsail Dr. right of way that will remain. • The AIRPORT will construct the new effluent main along the West and North property lines away from paved areas, structures, and landscape buffers. 807 E. Ellkcain Circle; Marco Island, Florida 34145 (239) 3895000 Fax (239) 3891094 www.gLtyofinarcoisland.com narcoisland.com • The AIRPORT will relocate the CITY's water flush line to the airport's West property line with the tee upstream of the master meter assembly. The existing flush line is located within the Mainsail Dr. right of way and flushes water to the golf course lake to the south. • The AIRPORT will construct a new sanitary forcemain check valve and associated valve vault and a water main gate valve with box at the airport's West property line adjacent to the remaining Mainsail Dr, right of way. • The AIRPORT will remove or take ownership of and grout and abandon all existing CITY water and sewer improvements that will no longer be needed after the new relocated improvements are in service. • The AIRPORT will notify the CITY a minimum of two weeks in advance of any construction. Contact Justin Martin at 239-389-5184, • The AIRPORT will provide signed and sealed asbuilt drawings to the CITY depicting the relocated and removed CITY water and sewer improvements and associated easements. • The AIRPORT will provide recorded contiguous easements to the CITY of all CITY water and sewer improvements within the airport property. • The AIRPORT will pay impact fees to the CITY for water and sewer for any expansion beyond the current level of service. • The A]RPORT's contractor will construct all water and sewer improvements to CITY standards and submit all testing results including, but not limited to pressure testing and bacteriological testing. • The AIRPORT will submit all water and sewer improvement conveyance requirements to the CITY for review, approval, and acceptance prior to placement in service, including but not limited to surveys, legal sketches, and descriptions, bill of sale, Owner's and attorney's affidavits, Warranty Deed, waivers and releases, one year warranty, FDEP placement in service authorization, CD of asbuilt drawings in .pdf and .dwg formats, backflow prevention inspection reports, etc... Please do not hesitate to contact Justin Martin at 239-389-5184 or by email at imartinficitvofmarcoisland.com if you have any questions or need additional Information. Very truly yours, f avV Ro r T. Hernstadt City Manager cc. Justin Martin, Jeff Poteet, Bart Bradshaw, Guillermo Polanco 50 Bald Eigle Dr., Marco Island, Florida 34145 (239) 389-5000 Fax (239) 389-4359 www.cityofmarcoisland.com 2 of 2 ,��r urt�o9r COLLIER COUNTYAIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114-8955 v (239)642-7878 Fax (239) 394.3515 www.collieraviation.com April 4, 2016 Justin Martin, P.E. Manager of Engineering, Tech nology& Operations City of Marco Island 50 Bald Eagle Drive Marco Island, FL34145 Re: Marco Island Executive Airport ROW Vacation Application PL20160000379 Sent via e-mail and FedEx Dear Mr. Martin, As requested in your correspondence, dated March 15, 2016, the Collier County Airport Authority, with the assistance of Hole -Montes, developed the attached exhibit which depicts existing water and sewer utilities within the ROW, superimposed on the Airport Layout Plan (ALP) for the Marco Island Executive Airport, This ALP outlines the conceptual locations of the relocated terminal building, aircraft and vehicle parking areas. This project is vital to the continued safe and efficient operation of the airport, as the current terminal facility Is located within an unsafe proximity to the active runway, deviating from modern FAA standards. New facilities will also allow for continued growth to accommodate visitors that patronize local businesses in Marco Island and other areas of Collier County. It Is our intention to record a utility easement along the limits of the ROW until locations of the future Improvements are finalized through the design process. At the time of construction, utilities will be removed and/or relocated at the expense of the Airport Authority, and revised corresponding easements issued. Your timely approval of this application is greatly appreciated. Please do not hesitate to contact me directly with any further questions or concerns. yRespe:fIly, % _4 Airports Manager Collier County Airport Authority C: Bob Mulhere, Hole -Montes David Wilkison, P.E., Collier County GMD Marco Island Executive Airport Immokalee Regional Airport Everglades Airpark 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard P.O. Box 689, 650 EC Airpark Blvd Naples, FL 34114-8955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax wesi-wt-f p(�- \ YG4 L'C�. ro e/j-� WeSi o-S ingwF kl ;{ N�L.Or NAC4ls`.Ur. � e s }l::,f tiJ � 'raumm{o r 9 roa'�'or LG'FAY���uM.cvs4:+? hn� si �¢U tilkevz q/{ {G//nM.S "UJ�%k< Ui4.asFnt M'[ a{IpW/t G1M Mainsail Drive Vacation PL# 20160000379 Collier County will immediately execute a temporary easement over the proposed portion of Mainsail Drive to be vacated, in favor of all of the utility providers with facilities located within that portion of the ROW. The temporary easement will remain in place until the improvement plans for the Airport are finalized, at which time the Airport will have the utilities located and surveyed, and either execute a permanent easement such over the current location of such facilities, or, if necessary, relocate the facilities at the Airport's expense, and then a execute a permanent easement over that location. I, Marilyn Aloi, authorized representative of TECO People's Gas, have reviewed (Name) (Utility) the above-mentioned request for vacation of right-of-way, and have No Objection to the proposed vacation of road right-of-way (portion of Mainsail Drive) as depicted. AN Met t (Printed Name) (TitlPl (Date) 64M P120160000379 REV2 HOLE MONTES ENGINEERS • PLANNERS • SURVEYORS 950 Encore Way ^ Naples, Florida 34110 . Phone 239.254.2000 • Fax: 239.254.2099 February 22, 2016 VIA REGISTERED MAIL R ET UR N R ECEIPT R EO UESTED 7008 3230 0000 5260 2444 HB Naples Golf Owner, LLC c/o Cornerstone Real Estate Adv. 180 Glastonbury Blvd., Ste. 200 Glastonbury, CT 06033 Re: Marco Island Executive Airport Vacation of Right -of -Way HM File No.: 2015.089 Dear Representative: Enclosed for your review, please find a copy of a Site Flan showing the proposed vacation of a portion of Mainsail Drive road right-of-way to accommodate the expansion of the Marco Island Executive Airport. The vacation will occur at the terminus of Mainsail Drive and will not impact access to and from other properties, but will allow for future improvements to the Marco Island Executive Airport. We are requesting that you provide a letter of no objection to the vacation of this road right--of- way. We would appreciate receiving this letter as soon as possible. Should you have any questions or require additional information, please feel free to contact me. Very truly yours, HOLE MONTES, INC. obert J. Mulhere, FAICP Vice President of Planning Services RJM/sek Enclosure as noted. Naples e Foil Myers I c t � c r n Ft rr x c Cl rti ® Complete items 1, 2, and 3. Also complete I tem 4 if Restricted Delivery is desired. 10 Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailplece, or on the front if snares .,o..nx.. 1. Article Addressed to: 166 16 lallll�pwx ls• X60 2. Article Number (Transfer from service gym® PS Form 3811, July; If YES, enter delivery address below: . —8 -rifle; Mello ❑ Priority Mail Express - 13 Registered -Return Receipt for Merchandise uwmanc return Receipt Di�pvl/6'" 160000379 .REV 2 ENGINEERS • PLANNERS • SURVEYORS 950 Encore Way - Naples, Florida.34110 ^ Phone 239.254.2000 ^ Fax: 239.254.2099 February 22, 2016 VIA REGISTERED MAIL RETURIVRECEIPT REQUESTED 7008 3230 0000 5260 2482 TIITF/DNR — Marina Resources Rookery Bay Nat. Est. c/o DEP Douglas Bldg. 3900 Commonwealth Blvd. Tallahassee, FL 32399-6575 Re: Marco Island Executive Airport Vacationof Right -of -Way FIM File No.: 2015.089 Dear Representative: Enclosed for your review, please find a copy of a Site Plan showing the proposed vacation of a portion of Mainsail Drive road right-of-way to accommodate the expansion of the Marco Island Executive Airport. The vacation will occur at the terminus of Mainsail Drive and will not impact access to and from other properties, but will allow for future improvements to the Marco Island Executive Airport. We are requesting that you provide a letter of no objection to the vacation of this road right-of- way. We would appreciate receiving this letter as soon as possible. Should you have any questions or require additional information, please feel free to contact me. Very truly yours, HOLE MONTES, INC. Robert 1. Mulhere, FAICP Vice President of Planning Services RJM/sek Enclosure as noted. Q! _ {,Domestic Mail Onl � For delivery mfermatit A Postmark Here Sertt 1n, i m � r. arPCBoy Mo -- . E...__ __._ .... ......................... .... 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MOiJ 6ulteoen Jo}uogeollddv :}uaunyoefty d _ atom N Collier County a COLLIER COUNTY GOVERNMENT 280U NORTH HORSESHOE DRIVE co GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 d www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPLICATION FOR VACATING Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37; Ordinance No. 01-57; Resolution 2013-166; and Applicable sections of the Collier County Land Development Code NOTE: Please see John Houldsworth/Marc Berman from Engineering before submitting AVROW [ I AVPLAT AVESMT PROJECT NAME: PETITION NO (PL) PROJECT NAME DATE PROCESSED Above to be Completed by Engineering GENERAL INFORMATION Reason for Request: Rezoning to P and incorporation into Marco Executive Airport property Address of Subject Property: Mainsail Drive Legal Description: See attached Section: 27 Township: 61 Range: 26 Current Zoning: PUD Will this affect density? No Check which type of Vacating you are applying for: • AVROW-Vacation of Road Right-of-Way Road Name: Mainsail Drive n AVPLAT-Vacation of Plats or portions of plats of subdivided land Plat Book: Page(s): AVESMT-The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads. Official Record Book: Page(s): (top 5/28/2015 Page 1 of 5 (lenoaddd eAu® IiesuleAJ : LOS G) MCThl 6u14e3en a04 uol}eouddy :4uatuyoe#;V m Colz :: lier County o. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 a- www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPLICANT CONTACT INFORMATION Property Owner: Collier County Airport Authority/Justin E. Lobb, Airport Manager Address: 2005 Mainsail Drive, Ste. 1City: Naples State: FL ZIP; 34114 Telephone: 239-642-7878 x 35 Cell: N/A Fax; 239-394-3515 E-Mail Address: lustinlobb@colliergov.net Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL ZIP: 34110 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com NOTE: 1) If applicant is a land trust, indicate the name of beneficiaries. 2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. 5/28/2015 Page 2 of 5 (lenoaddy anlaa llesuleL : Lost) MOI 6uReoen ao;uol}eollddV :;uatugoe}ay N. 2 -tee;_ N q= Qrn. Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE a GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application,and the below checklist, refer to Resolution 2013-166. All commercial projects must include one additional set of each of the following submittal requirements. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 10 0 ❑ Addressing Checklist signed by Addressing Department 2 ❑ 0 CD of complete application and all submittal documents in PDF format 1 0 ❑ Fee Simple Deed 2 ❑ 0 Statement explaining the general public benefit received from the proposed vacation 2 0 El Certificate showing all State and County taxes have been paid for subject parcel 2 ❑ 0 Assessment map depicting area of proposed vacation 10 0 El List of abutting and other property owners within 250 feet of the proposed vacation including their 1 0 ❑ address,and parcel number j Site Plan on 8%in.x 11 in. paper 10 0 ❑ Legal Description,signed and sealed,of what is to be vacated on 81/2 in.x 11 in.paper and labeled 10 0 ❑ cor (in bold:"Exhibit A") Signed and sealed sketch of the legal description 10 ❑ 0 Copy of the recorded subdivision plat,if applicable 10 0 ❑ Letter Authorizing representation, if the applicant isn't the owner 2 El Cl Affidavit of Authorization,signed and sealed 2 El ❑ Replacement easement documentations,if applicable 10 ❑ 0 If replacement easement is required by Collier County, provide a current attorney's Title Opinion or 2 ❑ ❑ ownership&encumbrance report by a title company A copy of document that granted,conveyed or dedicated the easement to the County or public,for 10 ❑ 0 Vacation of Easement only Copy of document which granted,conveyed or dedicated the right-of-way to the county or public, for Vacation of Right-of-Way only See PB 24, Page 33 10 0 0 Letters of No Objection,from each of the following,as applicable:(addresses may not be current) ❑ ❑ Electric Company-Florida Power and Light:ATTN Hau Tran,4105 15th Ave.SW, Naples, FL 34116. (239)353-6025 Telephone Company-Century Link, Florida:ATTN:Jigs Silang,3530 Kraft Road, Naples,FL 34105. ❑ ❑ (239)263-6234 Collier County Sheriff's Office:ATTN:Sheriff Kevin Rambosk,3301 East Tamiami Trail,Naples, FL ❑ ❑ 34112.(239)774-4434. Golden Gate and East Naples Fire Control and Rescue:ATTN:Kingman Schuldt, 14575 Collier Blvd ❑ ❑ Naples, FL 34119.(239)348-7540 2 North Naples Fire and Rescue:ATTN:Orly Stolts, 1885 Veterans Park Drive,Naples, FL 34109. El ❑ (239)597-9227 Cable Television-Time Warner:ATTN: Don Roberts, 1418 SE 10th Street,Cape Coral, FL 33990. ❑ ❑ (239)574-2020 Cable Television-Comcast:ATTN: Mark Cook,26100 West Links Drive,Ste 4, Fort Myers,FL ❑ El 33913. (239)432-1805. Adjacent Property Owners ❑ ❑ Homeowners Association ❑ ❑ 5/28/2015 Page 3 of 5 (ienoaddy OAU IiesuietN : LOsl.) MON Bui;eoen aoj uoi}eoiiddy :}uawyoe;;y CO a> v _ N ti COf C"(er County COLLIER COUNTY GOVERNMENT ZOO NORTH HORSESHOE DRIVE m GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 n' www.colliergov.net (239)252-2400 FAX:(239)252-6358 FEE REQUIREMENTS E Application Fee: $2,000.00 + $100 Fire Review Fee = $2,100 TOTAL 3 Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees) All checks payable to:Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Development Review Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 r ,r' L2 -- L-i Applicant/Agent Signature Date ROBERT J. MULHERE, FAICP CIO Oft 5/28/2015 Page 4 of 5 ‘71- ()eAoiddV eAUO (lesuleV : LOC),) MON 6u(;eoen Jo}uol}eo()ddV :;ueualpel;Vcn = N NZ Ci) d r 0) t) al a. Co' ler C07..nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) MARCO SHORES UNIT ONE VACATION OF RIGHT-OF-WAY j JUSTIN E.LOBE (print name),as AIRPORT MANAGER (title,if applicable)of COLLIER COUNTY AIRPORT AUTHORITY (company,If applicable),swear or affirm under oath,that I am the(choose one)owner applicant X contract purchaser -and that: a I. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that • 4. The property will be transferred,conveyed,sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize ROBERT J.MULHERE,FAICP&PAULA MCMICHAFL,AICD to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • lithe applicant is a corporation,then it is usually executed by the corp.pres. or v,pres. • lithe applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.), then the documents should typically he signed 0 by the Company's "Managing Member." • If the applicant is a partners/rip, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general pcu•tner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc., and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ' i - _� `' > :ignatur- JUSTI y OBE,' •IRPORT MANAGER Dat• COLLU COUNTY AIRPORT AUTHORITY S••TE b F FLORIDA CO► OFCOLLIE• 1 J The foregoing instrument was sworn to (or affirmed)and subscribed before me ory=� /1 (t2 (date) • .name I of person providing oath or affirmation),as who is personally known to me or who has produced ak.ti (type of identification)as identification. )--IOv --q-7-.)-5---i cl-coil-0 1A STAMP/SEAL Signature of Notary Public I P CP\O8-COA-OOHS\ISS REV 03/24/201 J .�Y Nbc Notary Public State of _° �; Alma Rosa Vallada i c. ‘ My Commission FF 9: 1 5/28/2015 9?o,0, Expires 10/01/2019 Page 5 of 5 I l 17.H.f NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on November 15, 2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East, 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- ARESOLUTIONOFTHEBOARDOFCOUNTYCOMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE AND VACATE THE COUNTY AND THE 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, zy FLORIDA.(PETITION VAC-PL20160000379) fl A copy of the proposed Resolution is on file with the Clerk to the H > Board and is available for inspection. All interested parties are G 2 invited to attend and be heard. °i a a NOTE: All persons wishing to speak on any agenda item must Z t register with the Countymanager prior to presentation of the agenda item to be adressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual 0 to speak on behalf of an organization or group is encouraged. — If recognized by the Chairman, a spokesperson for a group or n. RS" organization may be allotted 10 minutes to speak on an item. o c Persons wishing to have written or graphic materials included in 0 2 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, 0 c written materials intended to be considered by the Board shall A be submitted to the appropriate County staff w minimum of c Lo seven days prior to the public hearing. All materals used in presentations before the Board wit: become a permanent part N c of the record. p it, N r Any person who decides to appeal any decision of the Board ;' Ca will need a record of the proceedings pertaining thereto and °i ca therefore, may need to ensure that a verbatim record of the w cs proceedings is made, which record includes the testimony and p m evidence upon which the appeal is based. ...i ca Q If you are aperson with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at v no cost to you. to the provision of certain assistance. Please — contact the Collier County Facilities Management Division, as 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. c a) BOARD OF COUNTY COMMISSIONERS E COLLIER COUNTY,FLORIDA -0 DONNA FIALA,CHAIRMAN, LI DWIGHT E.BROCK,CLERK Q By: Ann Jennejohn Deputy Clerk(SEAL) October 26,2016 October 26,2016 No.1318605 Packet Pg. 2150 I i