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Agenda 01/10/2017 Item #16A 1 it Proposed Agenda Changes Board of County Commissioners Meeting January 10, 2017 Continue Item 16A1 to the February 14,2017 BCC Meeting: Recommendation to adopt a Resolution to hold a public hearing to consider vacating an unimproved 30-foot wide public right- of-way described as "Avenue B"and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO TERRACE subdivision plat,as recorded in Plat Book 1,Page 32 of the Public Records of Collier County,Florida.The subject property is located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County,Florida. (Commissioner Fiala and Commissioner Taylor's separate requests) 1/10/2017 9:24 AM 16.A.1 01/10/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to hold a public hearing to consider vacating an unimproved 30-foot wide public right-of-way described as"Avenue B" and a portion of an unimproved 30-foot wide public right-of-way described as"First Street," according to the COL- LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1,Page 32 of the Public Records of Collier County,Florida. The subject property is located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County, Florida. OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166, the Board of County Commissioners (Board) must authorize a public hearing to consider the vacation of the County and public interest in any public road right-of-way. CONSIDERATIONS: The Development Review Division has received a request from Andrew D. Fitzgerald, P.E., of DeLisi Fitzgerald, Inc., as agent for the applicant, Racetrac Petroleum, Inc. This request is to vacate an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41, between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East, Collier County, Florida. Racetrac Petroleum, Inc., is proposing to construct a convenience store with self-service fueling pumps at the southeast corner of U.S. 41 and Frederick Street in Collier County, Florida. The subject property currently consists of eight(8) individual parcels, six(6) of which are unimproved. Two (2) other parcels previously contained the Little Italy Restaurant and a Checker's Fast Food Restaurant. Racetrac has a contract to purchase the properties, and the current property owners have also consented to this vacation request. The properties are separated by two unimproved 30-foot wide public rights-of-way depicted as First Street and Avenue "B"on the COL-LEE-CO TERRACE Plat, Plat Book 1, Page 32. The subject rights-of-way were dedicated on the plat for the use and benefit of the public, which upon acceptance by the County created a road right-of-way easement held by the County in trust for the public. Racetrac is requesting to vacate the entire 30-foot wide Avenue"B"right-of-way and a portion of the 30- foot wide First Street right-of-way to allow for an aggregated and cohesive development, which will be presented separately as part of a subsequent Site Development Plan application. The proposed vacated area is described on Exhibit A attached to the Resolution. The public hearing to consider this petition to vacate will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166, and the adjoining property owners will be given notice as well. The public hearing is tentatively scheduled to be heard at the February 14, 2017, Board meeting, and it will be a companion item to Petition #PL20150002369 relating to an Automobile Service Station Distance Waiver. Staff has reviewed this petition and found no reason for objection. FISCAL IMPACT: The application fee of$2,000 covers staff review and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. Packet Pg.267 16.A.1 01/10/2017 LEGAL CONSIDERATIONS: 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 to schedule a public hearing to consider vacating an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County,Florida. (Petition VAC-PL20150002788). Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Resolution initialed by SAS - 100416(2)(PDF) 2. Plat of COL-LEE-CO TERRACE (PDF) Packet Pg.268 1 6.A.1 01/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider vacating an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East, Collier County, Florida. Meeting Date: 01/10/2017 Prepared by: Title: County Surveyor—Growth Management Development Review Name: Marcus Beinian 11/16/2016 6:57 AM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 11/16/2016 6:57 AM Approved By: Review: Growth Management Department Matthew McLean Additional Reviewer Completed 11/16/2016 8:48 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/16/2016 10:17 AM Capital Project Planning, Impact Fees,and Program Management Trinity Scott Additional Reviewer Completed Growth Management Development Review John Houldsworth Additional Reviewer Completed County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:03 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/18/2016 10:58 AM Growth Management Department James French Additional Reviewer Completed 11/18/2016 6:29 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/21/2016 8:40 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2016 9:31 AM Budget and Management Office Mark lsackson Additional Reviewer Completed 11/21/2016 11:25 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 9:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM Packet Pg.269 16.A.1.a RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN AN UNIMPROVED 30-FOOT WIDE PUBLIC RIGHT-OF-WAY DESCRIBED AS "AVENUE B" AND A PORTION OF o AN UNIMPROVED 30-FOOT WIDE PUBLIC RIGHT OF WAY rn DESCRIBED AS "FIRST STREET," ACCORDING TO THE COL-LEE- CO TERRACE SUBDIVISION PLAT, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER a) COUNTY, FLORIDA. (PETITION VAC-PL20150002788) E WHEREAS. Andrew D. Fitzgerald, Inc., of DeLisi Fitzgerald, Inc., on behalf of Petitioner, a. Racetrac Petroleum, Inc. has requested that a public hearing be held pursuant to Resolution No. css 2013-166, to consider disclaiming, renouncing and vacating the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the COL- LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, page 32 of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County. Florida, being more specifically shown in Exhibit A, attached hereto; and u' ' c N WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing, and vacating the County's interest in the above right-of-way in accordance with Sections 336.09 and 336.10, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY cn COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. >, 2013-166 in a regular session of the Board of County Commissioners. a public hearing to consider disclaiming. renouncing and vacating the County's interest in the above described rights-of-way will be held on the day of . 2016 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom. 3rd Floor, Administration Building, Collier County Government Center. 3299 Tamiami Trail East, Naples. Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2016. a) as U [16-EIS-03205`1259701'1] Page 1 of 2 Packet Pg. 270 16.A.1.a ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, CHAIRMAN a) a Ct a) x w Approved as to form and legality: cn /16, 10/4/co Scott A. Stone Assistant County Attorney cc E Attachments: a w 1. Location-Site Map f9 2. Exhibit A Ca a a> l6 U U) M N N_ O O r Ct C C 0 0 U) a) c a) U f6 r [16—EIS-03205/1259701/I] Page 2 of 2 Packet Pg. 271 16.A.1.a � f 7 i SURVEYING & MAPPING, LLC LAND SURVEYORS • PLANNERS a) EXHIBIT "A" LEGAL DESCRIPTION cn OF A PARCEL LYING IN ra SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA U fC RIGHT OF WAY VACATION E A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF a COL-LEE-TERRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC °- RECORDS OF COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: �a m m BEGINNING AT THE NORTHWEST CORNER OF LOT 37 OF SAID COL-LEE-TERRACE; THENCE N.00°39'49"W., FOR A m DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, THENCE N.89°23'16"E., ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE WEST RIGHT OF WAY C OF AVENUE "B", A 30 FOOT RIGHT OF WAY; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE OF 199.33 FEET TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL,A 120 FOOT RIGHT OF WAY; THENCE Q S.52°01'49"E., ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 38.40 FEET TO EAST RIGHT OF WAY OF > SAID AVENUE "B"; THENCE S.00°39'49"E., ALONG SAID EAST RIGHT OF WAY, FOR A DISTANCE OF 325.38 FEET TO u. THE SOUTH LINE OF SAID COL-LEE-TERRACE; THENCE S.89°23'16"W., ALONG SAID SOUTH LINE, FOR A DISTANCE M OF 30.00 FEET TO THE WEST RIGHT OF WAY OF SAID AVENUE "B"; THENCE N.00°39'49"W., ALONG SAID WEST CNI RIGHT OF WAY, FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT OF WAY OF SAID FIRST STREET; THENCE S.89°23'16"W.,ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING. N ca BEARINGS ARE BASED ON THE RIGHT OF WAY OF FREDERICK STREET AS BEING N.00°39'49"W. c PARCEL SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. PARCEL CONTAINS 16,421 SQUARE FEET OR 0.377 ACRE,MORE OR LESS. METRON SURVEYING& MAPPING, LLC FLORIDA CERTIFICATE OF AUTHORIZATION LB#7071 m Ta DE J. O' •NNELL Jr. o P`SFE : ONAL SURVEYOR AND MAPPER m FLS sA CERTIFICATE NO. 5430 SHEET 1 OF 2 U f4 Q 12940 RW VAC REV.doc 10970 S. CLEVELAND AVE., SUITE#605• FORT MYERS, FLORIDA 33907• PHONE (239)275-8575• FAX(239)275-8457 www.metronfl.com Ry i Fµ'.l Packet Pg. 272 16.A.1.a ' . SKETCH TO ACCOMPANY DESCRIPTION\ *SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION* EXHIBIT ”A” .., N. , .. ., , ,.„ --.... N. T� LINE BEARING DISTANCE r-NN's.., CD 1 LOT 4 �tl L1 N 00'39'49" W 30.00' .0• fN L2 S 52'01'49" E 38.40' 0 �'cy N l4`q L3 S 89'23'16" W 30.00' cn a I \ r •ow I���` \ L4 N 00'39'49" W 120.00' CI- CZ if, .sN N Ir \ Sr?) _ r w g o 'N \N LEGEND: LOT 5 z r N 70.0 \ P.O.B. = POINT OF BEGINNING U a o / '`\ R/W = RIGHT-OF-WAY CZ 1v N \ �/ P.B. = PLAT BOOK LOT 6 0 / \ PG. = PAGE CO -J cts N 'N ACC r s LOT 7 ' cI 40.0' 40.0' 40.0' 40.0' of N �iy `\ 120.0 \ - o t. M m R a. LOT 8 ( �LOT 21 COL-LEE-CO TERRACE N \Lo '\ N N CIY.B1,YG32 of ,rt Fe, 0111 u M N.o LOT 22 0 I- . LOT 9 I a 160.00' o C" Q '\ E. ' 40.0' 40.0' 40.0' 40.0' d 40.0' 40.0' 40.0' 40.0' 1 i U - 30.0 - \• \ N t6 1 LOT 10 x N N v W N O M r.-CIN N > LOT 11 I P.-) r r a r r . N O d' ^ vj .. 41 1- O O p O O - '- E- tV I O O _J 0 Q M , H O LOT 12T 89°23'16"E c' a 210.00', z m1- 0 0 N. 3 F., CV LOT 13 ct r-..1 FIRST STREET (PLAT) 30.0 w -60.0 I-a I D 40.0' 40.0' 58.0' Z S 89°23'16"\V > 4.1 I ' o 0 LDT 14 P.O.B. 210.00' Q LOT 44 oCC T- 06. ,.0,a N r, zoa, N o `+' M138.0' ' Q LOT 15 I n n M o ra Cr) r r r p p Q I 30-fl o p o OJ J CO LOT 45 0 LOT 16 i _-_____ J �_ 60_0' ___50.0' 50.0' 50_0' 50.0' s0.0_ L3 __ Ti INOMAH P.B. 2, PG 8Z 20' ALLEY C ----------'f------1- BIOCY, C� - INOMAH P.B. 2, PG 82 r' LOT 8 LOT 7 I LOT 6 I LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 5 7 O co NOTES: * THIS IS NOT A SURVEY* CC 1. BEARINGS ARE BASED ON THE RIGHT OF WAY OF FIRST STREET AS BEING C ".89'23'16"E. TITLE: SKETCH OF DESCRIPTION cu 2. DISTANCES ARE IN FEET AND DECIMALS co THEREOF, 42 10970 S. CLEVELAND AV NU w 3. PARCEL IS SUBJECT TO EASEMENTS, METROS. 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