Agenda 05/23/2017 Item #17B Proposed Agenda Changes
Board of County Commissioners Meeting
May 23, 2017
Withdraw Item 16A19: Recommendation to approve an Agreement for Special Magistrate
Services for Code Enforcement with the law firm of Patrick Neale&Associates. (Staff's request)
Move Item 17B to Item 9A: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-PL20170000440 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. (Commissioner McDaniel's request)
Item 16K10: Recommendation to authorize the County Attorney to pursue an Appeal in the
Eleventh Circuit Court of Appeals in the litigation styled Collier County v.Holiday CVS,LLC and
RTG,LLC,against one party,Realty Trust Group,LLC,and to settle the litigation with Holiday
CVS,LLC.
The County Attorney requests two changes be made to the Settlement Agreement with CVS on Item
16K10. Pursuant to agreement of the parties,the language "Underlying Condemnation Action"
appears in two places in Paragraph 2 of the Settlement Agreement, and it should be removed in both
places.
2. Mutual Release. The Parties shall mutually release each other and their respective successors,
assigns, servants, affiliates,subsidiaries, divisions, parents,predecessors, employees, agents, independent
contractors, consultants, affiliates, officers,directors,members, attorneys, and all other persons,
partnerships,firms, corporations or legal entities of whatsoever kind or nature in privity therewith,who
are or might be liable in any way, from any and all claims, actions,causes of action, legal,equitable or
administrative proceedings, demands, rights, damages, losses,relief of whatsoever kind or nature, costs,
expenses,fees and compensation whatsoever,which the Parties now have or which may hereafter accrue
on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen,
developed and undeveloped damage(s)or loss(es)and the consequences thereof resulting from the
- •. _ . . . . • - •,Action,Fee Claim and Appeal,from the beginning of the world to the
date this agreement is last signed including, but not limited to, all claims which were asserted or could
have been asserted, and all relief sought or that could have been sought in the Action. In making this
release,the Parties agree they had the advice of counsel in so doing, and do so freely and voluntarily.It is
also understood that the settlement terms under this Agreement are not construed as an admission of
liability,but as a compromise of the - •:- _ . . . :-,Action,Fee Claim and Appeal.
5/25/2017 8:55 AM
05/23/2017
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-PL20170000440 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.
OBJECTIVE: To adopt a Resolution 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, in Section 21, Township 48 South, Range 27 East, Collier County, Florida, being
more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20170000440 has been received by the Development Review
Division, Growth Management Department, from David Willems, P.E., of Waldrop Engineering, P.A., as
agent for the applicant, Red Apple at Collier, LLC, to vacate 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,
in Section 21, Township 48 South, Range 27 East, Collier County, Florida, as further described in Exhibit
A to the attached Resolution.
The applicant is proposing to vacate the County and the public interest in a segment of 25th Avenue
N.W. 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. According to the Warranty Deed dated September 14, 2016
and recorded on September 15, 2016 in OR Book 5314, Page 1125, Red Apple at Collier, LLC is fee
simple owner of the subject real 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, Florida.
There is no public detriment because the right-of-way dead ends at the western terminus of the subject
property and only provides service to the subject property itself. There are no other property owners that
gain benefit from the roadway. In addition, there are currently no existing utilities within the roadway.
The vacation of this right-of-way will provide the public benefits of keeping school traffic off Golden Gate
Estates roadways, which was requested by the residents, and eliminating the need for the County to
maintain a roadway that only benefits one (1) property owner. Vacating the existing platted right-of-way
easement will not negatively impact public health, safety or welfare.
The County will retain a County Utility Easement over the vacated right-of-way in order to allow for
future placement of county utility facilities. The County will also retain an access easement over the
vacated right-of-way in order to access and maintain the 30-foot drainage easement known as “Twin
Eagles” canal located just west of the property. Moreover, the County will retain a drainage easement
over the vacated right-of-way in order to access and maintain the drainage swales located along the
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north and south side of the vacated area. These reserved easements are depicted on Exhibit C, attached
as backup to this agenda item.
Letters of no objection were received from FPL, Comcast, CenturyLink, Sheriff's Office, and the N orth
Collier Fire & Rescue District. A letter of no objection was also received from the Golden Gate Estates
Area Civic Association, Inc., subject to a condition that the property owner provide a landscape buffer
along the north boundary of the property in the event that the school expands its operations north of the
vacated area. The property owner has agreed to the condition. The condition has been included as part of
the Resolution to vacate the subject right-of-way, and is described in more detail in Exhibit B attached to
the Resolution.
A Resolution to set this hearing date (Resolution No. 2017-74) was approved by the Board of County
Commissioners (Board) on April 25, 2017.
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.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of 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.
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 following criteria is met:
1. The request 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-PL20170000440,
which will vacate a portion of the 60-foot wide road easement, 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
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in Section 21, Township 48 South, Range 27 East, Collier County, Florida, being more specifically shown
in Exhibit A. To direct the Clerk of Courts to record a certified copy of the Resolution in the Public
Records of Collier County, Florida and to make proper notation of this Res olution on the plat of Golden
Gate Estates Unit No. 21, Plat Book 7, page 81 of the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution initialed by SAS - 050117(1) (PDF)
3. Exhibit C (PDF)
4. LONO CenturyLink-Comcast (PDF)
5. LONO FPL (PDF)
6. LONO North Collier Fire (PDF)
7. LONO Sheriff (PDF)
8. LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (PDF)
9. Affidavit of Authorization (PDF)
10. Legal ad - Agenda ID 2749 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 2749
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-PL20170000440 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 Secti on 21, Township 48 South,
Range 27 East, Collier County, Florida.
Meeting Date: 05/23/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
04/14/2017 9:52 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/14/2017 9:52 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 04/14/2017 11:01 AM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 04/17/2017 9:51 AM
Growth Management Development Review Marcus Berman Additional Reviewer Completed 04/19/2017 8:11 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/19/2017 4:06 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/20/2017 10:05 AM
Growth Management Department Marcus Berman Level 2 Division Administrator Skipped 04/14/2017 9:21 AM
Growth Management Department James French Additional Reviewer Completed 04/28/2017 7:12 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 05/01/2017 9:18 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/01/2017 10:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2017 2:10 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/10/2017 11:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/17/2017 12:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
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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
17.B.1
Packet Pg. 1123 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval)
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.
17.B.1
Packet Pg. 1124 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval)
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
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Packet Pg. 1125 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1126 Attachment: Application (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1127 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1128 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
17.B.2
Packet Pg. 1129 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1130 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1131 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1132 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1133 Attachment: Resolution initialed by SAS - 050117(1) (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1134 Attachment: Exhibit C (2749 : VAC-Collier Charter Academy for Approval)
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
17.B.4
Packet Pg. 1135 Attachment: LONO CenturyLink-Comcast (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1136 Attachment: LONO CenturyLink-Comcast (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1137 Attachment: LONO FPL (2749 : VAC-Collier Charter Academy for Approval)
17.B.6
Packet Pg. 1138 Attachment: LONO North Collier Fire (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1139 Attachment: LONO Sheriff (2749 : VAC-Collier Charter Academy for Approval)
April 19, 2017
Mr. Michael R. Ramsey
President
The Golden Gate Estates Area Civic Association, Inc.
P.O. Box 990596
Naples, FL 34116
RE: Abandonment of a portion of 25th Avenue
Collier County, FL
Dear Mr. Ramsey,
As you are aware Ryan Companies US, Inc. is the developer of new charter school that is under
construction at the Southwest corner of 25th Avenue and 8th Street in the Golden Gate Estates
neighborhood. As requested by the neighbors, we have designed the site such that there will be no
connection between the charter school and the neighborhood. This is something that we understood to
be very important to the immediate neighbors as well as the civic association.
As part of the development process we are petitioning the Collier County board of county
commissioners for the abandonment of the portion of 25th Avenue east of 8th Street to accommodate
the neighbors' desire. Please refer to the attached drawings for parcel maps and site plans showing the
area to be abandoned.
The reason I have sent you this letter is to inform you of the pending abandonment and request a
"Letter of No Objection." As part of the process in Collier County, the County requests that the
petitioner offer a homeowners association an opportunity to review the abandonment and, if they have
no objection, sign a Letter of No Objection.
Per your request, we will agree to provide a landscape buffer in accordance with the attached buffer
requirements should the school expand its operation north of the existing 25h Avenue easement area.
If you are OK with the abandonment and the buffer requirements, please indicate such by signing below
and returning a signed copy to my attention at the address above or to my email at
doug.dieck@ryancompanies.com. I appreciated the opportunity to meet with your board to discuss the
abandonment and answer any questions. Thank you for your time.
Sincerely,
RYAN COMPANIES US, INC.
Douglas J. Dieck
President, Southeast Region
"I have no objection to the abandonment of 25th Avenue as requested by Ryan Companies."
21 April 2017
Michael R. Ramsey as President of Golden Gate Estates Area Civic Association, Inc.
17.B.8
Packet Pg. 1140 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1141 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval)
17.B.8
Packet Pg. 1142 Attachment: LONO 2017 0419 GGEACA CHARTER SCHOOL BUFFER RESPONSE LETTER (2749 : VAC-Collier Charter Academy for Approval)
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Packet Pg. 1143 Attachment: Affidavit of Authorization (2749 : VAC-Collier Charter Academy for Approval)
17.B.10
Packet Pg. 1144 Attachment: Legal ad - Agenda ID 2749 (2749 : VAC-Collier Charter Academy for Approval)