Agenda 06/27/2017 Item #17A06/27/2017
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-PL20170000730 to disclaim, renounce and vacate the conservation easement
described in O.R. Book 4293, Page 4106 of the Official Records of Collier County, Florida. The
subject property is located on the west side of Airport Pulling Road, approximately one half mile
north of Golden Gate Parkway, in Section 23, Township 49 South, Range 25 East, Collier County,
Florida.
OBJECTIVE: To adopt a Resolution to vacate the conservation easement described in O.R. Book 4293,
Page 4106 of the Official Records of Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20170000730 has been received by the Development Review
Division, Growth Management Department, from Steven Meacher of the LaSalle Group, Inc., on behalf
of the property owners, Dorset Associates, LLC and Capitol Center Land Condominium Association,
Inc., to vacate the conservation easement described in O.R. Book 4293, Page 4106 of the Official Records
of Collier County, Florida as further described in Exhibit A to the attached Resolution.
Petitioner is proposing to vacate the conservation easement described in O.R. Book 4293, Page 4106 of
the Official Records of Collier County, Florida in order to develop an adjacent tract of land owned by the
Petitioner for a new Assisted Living Facility and parking area. This conservation easement is
approximately 0.06 acres, or 2,638 square feet. According to a current Title Opinion provided by the
petitioner, Dorset Associates, LLC and Capitol Center Land Condominium Association, Inc. are the fee
simple owners of the conservation easement to be vacated.
This request will not result in public detriment because staff has determined that the total preserve
acreage for the overall property would still remain above the minimum required preserve area as
required by the Land Development Code. The minimum required preserve area for this property is
approximately 13,800 square feet. The current preserve area on-site is 16,890 square feet. The
conservation easement that is proposed to be vacated is approximately 2 ,640 square feet. Therefore, if
this vacation is approved, the total preserve area on-site will be 14,250 square feet, which exceeds the
minimum required preserve area of 13,800 square feet.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: The Growth Management Department, Development Review Division 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 plan impact associated with
this action.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of the conservation easement
described in O.R. Book 4293, Page 4106 in the Official Records of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt
resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof,
granted to the County or public by any instrument recorded in the public records of Collier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
17.A
Packet Pg. 1479
06/27/2017
when such interest is granted to the County or public by any instrument recorded in the public records
other than on a subdivision plat, when the following criteria are met:
1) Public benefit is established or no public detriment is established
Moreover, this request to vacate a conservation easement is consistent with the County’s vacation
procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that “A
conservation easement may be released by the holder of the easement to the holder of the fee even though
the holder of the fee may not be a governmental body or a charitable corporation or trust.”
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-PL20170000730,
which will vacate the conservation easement described in O.R. Book 4293, Page 4106 of the Official
Records of Collier County, Florida, located in Section 23, Township 49 South, Range 25 East, Collier
County, Florida, being more specifically shown in Exhibit A; and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Resolution initialed by SAS - 051817 (PDF)
2. OR4293pg4106 CE (PDF)
3. Application (PDF)
4. Title Opinion Letter (PDF)
5. Legal Ad -Agenda ID 3229 (PDF)
17.A
Packet Pg. 1480
06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 3229
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-PL20170000730 to disclaim, renounce and vacate the conservation easement
described in O.R. Book 4293, Page 4106 of the Official Records of Collier County, Florida. The subject
property is located on the west side of Airport Pulling Road, approximately one half mile north of Golden
Gate Parkway, in Section 23, Township 49 South, Range 25 East, Collier County, Florida.
Meeting Date: 06/27/2017
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
05/22/2017 10:14 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/22/2017 10:14 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/22/2017 1:42 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 05/23/2017 11:20 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/26/2017 4:45 PM
Growth Management Department Marcus Berman Level 2 Division Administrator Skipped 05/18/2017 1:28 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 05/30/2017 1:34 PM
Growth Management Department James French Additional Reviewer Completed 05/30/2017 6:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2017 8:19 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/05/2017 2:16 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/16/2017 10:00 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 10:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
17.A
Packet Pg. 1481
17.A.1
Packet Pg. 1482 Attachment: Resolution initialed by SAS - 051817 (3229 : VAC-Autumn Leaves)
17.A.1
Packet Pg. 1483 Attachment: Resolution initialed by SAS - 051817 (3229 : VAC-Autumn Leaves)
17.A.1
Packet Pg. 1484 Attachment: Resolution initialed by SAS - 051817 (3229 : VAC-Autumn Leaves)
17.A.1
Packet Pg. 1485 Attachment: Resolution initialed by SAS - 051817 (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1486 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1487 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1488 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1489 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1490 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1491 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1492 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.2
Packet Pg. 1493 Attachment: OR4293pg4106 CE (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1494 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1495 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1496 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1497 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1498 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.3
Packet Pg. 1499 Attachment: Application (3229 : VAC-Autumn Leaves)
17.A.4
Packet Pg. 1500 Attachment: Title Opinion Letter (3229 : VAC-Autumn Leaves)
17.A.4
Packet Pg. 1501 Attachment: Title Opinion Letter (3229 : VAC-Autumn Leaves)
17.A.4
Packet Pg. 1502 Attachment: Title Opinion Letter (3229 : VAC-Autumn Leaves)
17.A.5
Packet Pg. 1503 Attachment: Legal Ad -Agenda ID 3229 (3229 : VAC-Autumn Leaves)
17.A.5
Packet Pg. 1504 Attachment: Legal Ad -Agenda ID 3229 (3229 : VAC-Autumn Leaves)