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Agenda 04/25/2017 Item #16A 104/25/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to declare a public hearing to disclaim, renounce, and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The subject road right of way is located west of 8th Street Northwest, just north of Immokalee Road in Section 21, Township 48 South, Range 27 East, Collier County, Florida. (VAC-PL20170000440) OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166, the Board of County Commissioners 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 David Willems, P.E., of Waldrop Engineering, P.A., as agent for the applicant, Red Apple at Collier, LLC. This request is to vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida The applicant is proposing to vacate the County and the public interest in a segment of 25th Avenue Northwest approximately 665 feet in length, between the 30-foot drainage easement located along the western boundary of Tracts 1 & 3, and the 60-foot road right-of-way (8th Street NW) located along the eastern boundary of Tracts 2 & 3 of Golden Gate Estates Unit No. 21. The roadway dead ends at the western terminus of the subject property. The subject right-of-way was dedicated to the County on the plat of Golden Gate Estates, Unit No. 21, as recorded in Plat Book 7, Page 81 of the Official Public Records of Collier County, FL. The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166. The adjoining property owners will be given notice. The Development Review Division has reviewed this petition and found no reason for objection. The agenda item for approval of the vacation will be tentatively scheduled for the May 23, 2017 BCC meeting. FISCAL IMPACT: The application fee of $2,000 covers staff review and processing. The applicant is responsible for advertising fees. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To schedule a public hearing to disclaim, renounce, and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida, (Petition VAC-PL20170000440). Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division 04/25/2017 ATTACHMENT(S) 1. Application - Prepared (PDF) 2. Resolution initialed by SAS - 021717 (PDF) 3. LONO CenturyLink-Comcast (PDF) 4. LONO North Collier Fire (PDF) 5. LONO Sheriff (PDF) 6. LONO FPL (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 2748 Item Summary: Recommendation to adopt a Resolution to declare a public hearing to disclaim, renounce, and vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The subject road right of way is located west of 8th Street Northwest, just north of Immokalee Road in Section 21, Township 48 South, Range 27 East, Collier County, Florida. (VAC-PL20170000440) Meeting Date: 04/25/2017 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 03/15/2017 9:05 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/15/2017 9:05 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/15/2017 9:11 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 03/15/2017 1:08 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/15/2017 3:02 PM Growth Management Department Matthew McLean Additional Reviewer Completed 03/20/2017 10:46 AM Growth Management Department Marcus Berman Level 2 Division Administrator Skipped 03/15/2017 8:36 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/23/2017 9:11 AM Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:29 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2017 10:31 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 8:12 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:23 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 4:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 1 of 5 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 Development Review before submitting AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________ 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 roa ds. Official Record Book: ___________________________ Page(s): _________________________ PETITION NO (PL) PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Property Owner: ___________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ Name of Agent: ____________________________________________________________________________ Firm: _____________________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ For Staff Use COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 2 of 5 PROPERTY INFORMATION Reason for Request: _________________________________________________________________________ Address of Subject Property: __________________________________________________________________ Legal Description: ___________________________________________________________________________ Section: _______ Township: _______ Range: _______ Current Zoning: __________________________ Will this affect density? ______________________________ 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. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/3/2016 Page 3 of 5 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. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Addressing Checklist signed by Addressing Department 1 CD of complete application and all submittal documents in PDF format 1 Fee Simple Deed 1 Statement explaining the general public benefit received from the proposed vacation 1 Certificate showing all State and County taxes have been paid for subject parcel 1 Assessment map depicting area of proposed vacation 6 List of abutting and other property owners within 250 feet of the proposed vacation including their address, and parcel number 1 Site Plan on 8 ½ in. x 11 in. paper 6 Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled (in bold: “Exhibit A”) 6 Signed and sealed sketch of the legal description 6 Copy of the recorded subdivision plat, if applicable 1 Letter Authorizing representation, if the applicant isn’t the owner 1 Affidavit of Authorization, signed and sealed 1 Replacement easement documentations, if applicable 6 If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacation of Easement only 1 Copy of document which granted, conveyed or dedicated the right-of-way to the county or public, for Vacation of Right-of-Way only 1 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 North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109. (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 33913. (239) 432-1805. Adjacent Property Owners Homeowners Association 1 RESOLUTION NO. 2017 - 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 PUBLIC INTEREST IN A PORTION OF THE 60 -FOOT WIDE ROAD RIGHT-OF- WAY KNOWN AS 25TH AVENUE NORTHWEST, APPROXIMATELY 665 FEET IN LENGTH, BEING A PART OF TRACTS 1, 2 & 3, GOLDEN GATE ESTATES UNIT NO. 21, PLAT BOOK 7, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT ROAD RIGHT-OF-WAY IS LOCATED WEST OF 8TH STREET NORTHWEST, JUST NORTH OF IMMOKALEE ROAD IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20170000440) WHEREAS, Petitioner, David Willems, P.E., of Waldrop Engineering, P.A., on behalf of property owner, Red Apple at Collier, LLC, has requested that a public hearing be held pursuant to Resolution No. 2013-166, to consider disclaiming, renouncing and vacating the County and public interest in a portion of the 60 -foot wide road right-of-way known as 25`h Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida, located in Section 21, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and 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 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 right- of-way will be held on the day of , 2017 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3` 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 92017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: � alp Scott A. Stone �1? Assistant County Attorney Attachments: 1. Exhibit A 2. Location -Site Map I w z N89°30'23"E 725.43' PORTION OF TRACT 3 GOLDEN GATE ESTATES UNIT No. 21 PB 7 PG 81 O.R. BOOK 5199 PG 493 SOUTH 180' OF TRACT 3 O.R. BOOK 5199 PG 493 I ` I 1 z1 I \ �I wl � — JOHN SCOTT RHODES I I TRACT / 1 DESCRIPTION JSR IGOLDEN GATE ESTATES checked - No. 21 MMR acad 2017-107 IUNIT I PB 7 PG 81 / RHODES & RHODES FEB. 2 2017 SKETCH AND SURVEYING, INC N N I LICENSE fLB 6897 wW Z 1w 1-4 / -_ 150' 2017-107 / CONSERV/A 77ON � w W I EASEMENT 3 w u I / z _z J I Lu 1 I 1-300' is y I 't I ,6 a O o I I I I r I cn I o I o I z I I I I I ..oa•n9'0 4"E 386.14' (P&t 3 � O N o m O c N�m SOUTHWEST CORNER ,., SEC 21 TWP 485. RGE 27E II 60.0' 1 30.0' --i I I 30.0' I I 600 TRACT 2 GOLDEN GATE ESTATES UNIT No. 21 PB 7 PG 81 e i a N86 02'03"E 33).61'(P&M) SS 06 2 03"W 716.74' 100' CANAL RIGHT OF WAY EXHIBIT "A" o I DESCRIPTIONCD (� COI \ w BEING THE NORTHERLY 30.00 FEET OF TRACT 1 LESS I THE WESTERLY 30.00 THEREOF TOGETHER WITH THE co NORTHERLY 30.00 FEET OF TRACT 2 LESS THE C14 EASTERLY 30.00 FEET THEREOF TOGETHER WITH THE SOUTHERLY 30.00 FEET OF TRACT 3 LESS THE WESTERLY 30.00 FEET THEREOF AND THE EASTERLY 30.00 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 21, RECORDED IN PLAT BOOK 7, PAGES 81 THROUGH 83 (INCLUSIVE), COLLIER COUNTY, FLORIDA. I I SOUTH LINE SECTION 21 - - - - - IMMOKALEE ROAD - NORTH LINE SECTION 28 S.R. 846 *NOT A SURVEY* 0 150 75 mmmoni GRAPHIC SCALE IN FEET ABBREVIATIONS 1'-- 150' B.O.B. = BASIS OF BEARING P. S. M. = PROFESSIONAL SURVEYOR & MAPPER L.B.'f = LICENSED BUSINESS NUMBER 1, BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION 21, BEARING NORTH 01'03'27" WEST AND RELATE TO THE STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, 1983 DATUM WITH 1990 ADJUSTMENT. 2. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. J. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. BY: j JOHN SCOTT RHODES PSM # 5739 SKETCH OF DESCRIPTION JSR drawn: RWC checked - MMR acad 2017-107 P9 dote.view• RHODES & RHODES FEB. 2 2017 SKETCH AND SURVEYING, INC stole: project #. LICENSE fLB 6897 1-4 / -_ 150' 2017-107 28100 BONITA GRANDE DRIVE SUITE 107 1 of 1 BONITA SPRINGS, FL 34135 file q: (239) 405-8166 (239) 405-6163 FAX 2017-l07 EXHIBIT "A" RHODES & RHODES LAND SURVEYING, INC. 28100B0N1TA 01MADEDIUM4 SUITE#107 BONM SPRINGS, FLORIDA 31135 PHONE (239) 401-8166 FAX (239) 405.8163 DESCRIPTION BEING THE NORTHERLY 30.00 FEET OF TRACT 1 LESS THE WESTERLY 30.00 THEREOF TOGETHER WITH THE NORTHERLY 30.00 FEET OF TRACT 2 LESS THE EASTERLY 30.00 FEET THEREOF TOGETHER WITH THE SOUTHERLY 30.00 FEET OF TRACT 3 LESS THE WESTERLY 30.00 FEET THEREOF AND THE EASTERLY 30.00 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 21, RECORDED IN PLAT BOOK 7, PAGES 81 THROUGH 83 (INCLUSIVE), COLLIER COUNTY, FLORIDA. John Sc Rhodes Professional Surveyor and Mapper State of Florida, License Number 5739 VAC- PL20170000440 31 8 I I I 6 I I 27 GOLDEN GATE ESTATES ESTATES 7 GOLDEN GATE ESTATES UNIT 62 UNIT1038 30 UNIT 93 9 it w 15 NI I 00 ZO IES J GOLDEN CATE 18 17 GOLDEN CATS ESTATES m ESTATES © 4 1 29 UNIT 37 O UNIT 39 PROJECT d O - PLAT BOOK' 7f PAGE 81 LOCATION I 22 1 30 20 21 GGUGE GATE STATES GOLE ATES7 Ld F- UNIT U 1 22 19 N I I(AL ROAD YIR-MAR uY 31 32 33 2 fAYI T CHUR 27 21 28 GOLDEN GATE 28 GOLDEN GATE ESTATES ESTATES EASEMENT 29 UNIT 20 UNIT 23 30 VACATED 3, m34 32 GOLDEN W1E ESTATES 0 CoUGENGATE ESTATES 31 UNn 19 UNIT 19 GCV CLUB CE 3 ME EVENCLAGES 31 I I I 6 I I 27 Zi I I 30 wl I s �I I 28 NI I 00 ZO I— 0 �1 29 © 4 1 29 N d IR GOLDEN GiAll IiI ESTATES UNIT 21 d O PLAT BOOK' 7f PAGE 81 I V) 28 1 30 J o I 11 25TH AVENUE LN.W. ------- --- Ld F- 27 31 32 33 2 26 CANAL 21 IMMOKALEE ROAD C.R.846) 28 EASEMENT BEING VACATED LOCATION MAP Prepared% Marcus L. Berman P.S.M. Count Land Surveyor Florida Surveyor & Mapper LS 5086 Growth Management Department Development Review Division 2800 North Horseshoe Drive, Naples Florida 34104 H:\Planningand R.,u im\Engineering Dep—v\Englnaering Fdd®SWCAD SURVEY DRAWINGS\GOlden Gate EAates\VAC-P!.20170(0 IGCOW, Charley/ NI—y."g, 2/8/201710,39A1 ANI 0 TTL'I 10 A D 3530 Kraft Rd. Unit 100 Naples, FL 34105 February 1st, 2017 Lindsay F. Robin, MPA Project Planner Waldrop Engineering 28100 Bonita Grand Dr, #305 Bonita Springs, FL 34135 Re: Collier Charter Academy Letter of No Objection Vacation of easement Dear Ms. Robin: CenturyLink has no objection to the vacation of easement located on 25th Ave NW, plat book 7 page 81-82 submitted by your firm on January 31st, 2017. This is contingent upon a suitable utility easement granted CenturyLink to access the future Collier Charter School property. Regards, Shelley Boyce Access Engineer II 239-263-6304 Shelley.L.Boyce@centurylink.com Shelley Boyce Anaai9 NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT PREVENTION BUREAU M. James Burke m Christopher L. Crossan ■ Norman E. Feder m J. Christopher Lombardo m John O. McGowan February 15, 2017 Ms. Lindsay F. Robin, MPA Waldrop Engineering 28100 Bonita Grande Drive #305 Bonita Springs, FL 34135 Re: Letter of No Objection- Vacation of 251h Ave. NW Dear Ms. Robin, I am in receipt of your letter dated January 31, 2017 in reference to the above mentioned property. I have reviewed the enclosed drawings pertaining to the vacation at 25`h Ave. NW and the 60' roadway easement proposed for vacation bisects the Collier Charter School property located east of Interstate 75 North of Immokaiee Road directly east of the Twin Eagles residential development. I have no objections to the "Vacation" of 25th Ave. NW", as shown on your Exhibits " Should you have any questions or if I may be of further assistance, please do not hesitate to contact me at (239) 597-9227. Sincerely, Eloy Ricardo Assistant Chief Life Safety & Prevention 6495 Taylor Road Naples, FL 34109 m (239) 597-9227 o Fax (239) 597-3522 a www.northcollierfire.com February 2, 2017 Lindsay F. Robin Waldrop Engineering, P.A. 28100 Bonita Grande Drive, #305 Bonita Springs, Florida 34135 RE; Request for a Letter of No Objection to vacation of easement at 25th Avenue Northwest Dear Ms. Robin; 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, .el J. Williams, Esquire Advisor Collier County Sheriff's Office (239) 252-0660 MJW;bah 0 FPL February 7, 2017 Ms. Lindsay F. Robin Waldrop Engineering 28100 Bonita Grande Dr. #305 Bonita Springs, FL 34135 Re: Collier Charter Academy — Plat Vacation Letter of No Objection Dear Ms. Robin, 26430 Old 41 Road Bonita Springs, Florida 34135 In reply to your recent request, FPL Company has no objection to the vacation of 25`h Ave NW; the 60' roadway easement was recorded with the Golden Gates Estates subdivision plat in Plat Book 7, Page 81- 82. If you have any questions regarding this matter, please contact me at 239-947-7374. Sincerely, Anna Smith Bradley Associate Engineer Florida Power and Light an FPL Group Company