Agenda 03/14/2017 Item #17C03/14/2017
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-PL20160003293, to disclaim, renounce and vacate the County and the public interest
in a portion of the 10-foot drainage easement and vacate a portion of the 10-foot utility easement
located along the rear border of Lot 50, The Lodgings of Wyndemere, Section One, as recorded in
Plat Book 13, Page 8 of the public records of Collier County, Florida, located in Section 19,
Township 49 South, Range 26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 10-
foot drainage easement and the 10-foot utility easement located along the rear border of Lot 50, The
Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public records of
Collier County, Florida, located in Section 19, Township 49 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20160003293 has been received by the Development Review
Division, Growth Management Department, from Rebecca M. Vaccariello, Esq., of Salvatori, Wood,
Buckel, Carmichael & Lottes, as agent for the applicant, Frederick K. Parsons, to vacate a portion of the
10-foot drainage easement and 10-foot utility easement located along the rear border of Lot 50, The
Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public records of
Collier County, Florida, located in Section 19, Township 49 South, Range 26 East, Collier County,
Florida.
The applicant is proposing to vacate a portion of the 10-foot drainage easement and 10-foot utility
easement located on Lot 50 of The Lodgings of Wyndemere, Section One plat. The drainage easement
was dedicated to Wyndemere Homeowners Association (with maintenance responsibility) and Collier
County (without maintenance responsibility) on the plat, and the utility easement was dedicated to Florida
Power & Light Co. (FPL) and United Telephone Co., on the plat. According to the Property Appraiser,
Frederick K. Parsons is fee simple owner of the subject parcel.
The purpose of this vacation request is to allow an existing pool/screen structure to encroach into a
portion of the drainage easement and utility easement, as shown on the attached exhibit. The pool/screen
enclosure improvements were completed in the year 2000, which was approximately thirte en (13) years
prior to the applicant’s acquisition of the subject property. The encroachment was recently discovered by
means of a survey conducted in connection with the closing of an attempted sale of the subject property
by the applicant. The applicant’s buyer raised the issue of the encroachment as an objection pursuant to
the sales contract. The applicant is taking affirmative steps to resolve the issue pursuant to the sales
contract.
The applicant has provided letters of no objection from FPL, CenturyLink (as successor company to
United Telephone), and any other utility companies that may have an interest in the utility easement,
which indicates their consent to the proposed vacation. There is no public detriment to the vacation of the
portion of the utility easement because the County has no interest in the utility easement, and the relevant
utility companies have consented to the vacation.
As for the drainage easement, the applicant has provided a letter of no objection from Wyndemere
Homeowners Association, which has an interest in the easement. There is no public detriment with
respect to the vacation of the portion of the drainage easement because it does not contain any drainage
facilities, and the vacation will not have an adverse impact on drainage or adjacent property owners.
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Staff reviewed this petition and found no reason for objection.
Letters of no objection from the abutting property owners have been received in Wyndemere Country
Club, Inc., and all pertinent utility providers that may have an interest in the easement(s).
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 10-foot drainage
easement and the 10-foot utility easement located along the rear border of Lot 50, The Lodgings of
Wyndemere, Section One plat.
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.
Approval of this item will act to vacate and terminate all County and public interest in the subject
drainage easement. However, there is no public interest in the subject utility easement because the utility
easement was dedicated only to private entities. Therefore, the vacation of the utility ease ment will only
act to remove the physical depiction of the utility easements on The Lodgings of Wyndemere, Section
One plat, and any additional private rights created or affected by third parties over these utility easement
areas must be separately terminated.
This item has been approved as to form and legality, and requires a majority vote for Board approval ---
SAS
RECOMMENDATION: That the Board of County Commissioners approves the attached Resolution,
relating to Petition VAC-PL20160003293, which will vacate the County and the public interest in a
portion of the 10-foot drainage easement and the 10-foot utility easement located along the rear border of
Lot 50, The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public
records of Collier County, Florida, located in Section 19, Township 49 South, Range 26 East, Collier
County, Florida, being more specifically shown in Exhibit A; direct the Clerk of Courts to record a
certified copy of the Resolution in the public records, and to make proper notation of this Resolution on
the plat of The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public
records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 2599
Item Summary: ***This item was continued from the February 28, 2017 BCC meeting and is
being further continued to the March 28, 2017 BCC meeting.*** 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-PL20160003293, to disclaim,
renounce and vacate the County and the public interest in a portion of the 10-foot drainage easement and
vacate a portion of the 10-foot utility easement located along the rear border of Lot 50, The Lodgings of
Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public r ecords of Collier County,
Florida, located in Section 19, Township 49 South, Range 26 East, Collier County, Florida.
Meeting Date: 03/14/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
01/24/2017 12:45 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/24/2017 12:45 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 01/24/2017 12:51 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/24/2017 2:02 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/30/2017 3:33 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/31/2017 2:29 PM
Growth Management Department James French Additional Reviewer Completed 01/31/2017 6:48 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/03/2017 2:17 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/03/2017 2:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/03/2017 3:35 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/03/2017 3:44 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 12:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
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