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Agenda 01/13/2015 Item #17B 1/13/2015 17.B. 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-PL20140002509 to disclaim,renounce and vacate the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida,located in Section 1,Township 49 South,Range 25 East,Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens,as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20140002509 has been received by the Engineering Services, Growth Management Division from Kathleen C. Passidomo, of Kelly, Passidomo & Alba, LLP, as agent for the property owner, to vacate a portion of a 10-foot utility easement running through an existing residential dwelling located in Tract R of Lakeside of Naples at Citrus Gardens. The easement was originally dedicated to Collier County on the Lakeside of Naples at Citrus Gardens plat for maintenance and sewer facilities. The easement is not, nor has been in use for any utility purpose. The easement runs through the single family residences in the Lakeside development and creates a cloud on the title. The Development Review Department has reviewed this petition and found no reason for objection. Letters of no objection from abutting property owners have been received from all who responded and letters of no objection were also received from FP&L, Comcast and CenturyLink. FISCAL IMPACT: Growth Management Division, Development Review 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 plan associated with this Executive Summary. LEGAL CONSIDERATIONS: 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: 1) approves the attached Resolution relating to Petition VAC-PL20140002509, which will vacate the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Packet Page-2413- 1/13/2015 17.B. Naples at Citrus Gardens, as recorded in Plat Book 15,pages 03-through 88 of the public records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, and 2) directs the Clerk to the Board to record a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15,pages 83 through 88 of the public records of Collier County,Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Department, Growth Management Division Attachment: 1)Resolution w/attachments Packet Page-2414- 1/13/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 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-PL20140002509 to disclaim, renounce and vacate the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida, located in Section 1,Township 49 South, Range 25 East, Collier County, Florida. Meeting Date: 1/13/2015 Prepared By Name: BermanMarcus Title: County Surveyor,Natural Resources 12/8/2014 9:02:20 AM Submitted by Title: County Surveyor,Natural Resources Name: BermanMarcus 12/8/2014 9:02:21 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources Date: 12/9/2014 1:41:41 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 12/11/2014 2:55:05 PM Name: McKennaJack Title:Manager-Engineering Review Services,Natural Resources Date: 12/17/2014 10:41:22 AM Packet Page-2415- 1/13/2015 17.B. Name: LorenzWilliam Title: Director-CDES Engineering Services,Natural Resources Date: 12/18/2014 9:33:35 AM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 12/22/2014 12:20:42 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 12/24/2014 10:28:59 AM Name: MarcellaJeanne Title:Executive Secretary, Transportation Planning Date: 12/29/2014 8:37:22 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/29/2014 9:21:50 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/29/2014 10:21:05 AM Name: FinnEd Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 12/31/2014 1:08:25 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/6/2015 11:41:26 AM Packet Page -2416- 1/13/2015 17.B. RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 10-FOOT UTILITY EASEMENT RUNNING THROUGH TRACT R OF LAKESIDE OF NAPLES AT CITRUS GARDENS, AS RECORDED IN PLAT BOOK 15, PAGES 83 THROUGH 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION VAC-PL20140002.509] WHEREAS, pursuant to Resolution 2013-166, Petitioner, Kathleen C. Passidomo, of Kelly, Passidomo & Alba, LLP, has requested the vacation of the County and the public interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a portion of a 10-foot utility easement running through Tract R of Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83 through 88 of the public records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Chairman [14-EIS-02861/1133299/1] 7 1 oft Packet Page -2417- A 1/13/2015 17.B. Approved as to form and legality: By: i2A/(9 Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map [14-EIS-02861/113329911] 7 2 of2 Packet Page -2418- '41 1/13/2015 17.B. SURVEY SKETCH OF LEGAL DESCRIP:^ICON COPYRIGHT 2014: F.L.A. SURVEYS CORP. THIS IS NOT A SURVEY EXHIBIT "A" • © S,8 9'25'l1'E. 101.30' 'D) FOS NORTHERL Y LINE TRACT ',?' Q1 NW'L Y MOST r1 CORNER 'a-tU TRACT 'R' Or)D1 ti A88REV1ATIONS I Li N • NORTH o S • SOUTH E • VES EAST I • I �zOB �rmoo' W • WEST OR ANY COMBINATION rHEREDF 7. • • DEGREES 7. 3. ' • SECONDS WHEN USED IN A BEARING 5 6 15'6a 4. ' : FEET WHEN USED IN A DISTANCE T DY,{q W.J 5, INCHES WHEN USED IN A DISTANCE •(�L[R T7FIfAIeQ'� N '•0?.'O$i P.O.B. Na 3859 II !2 = t4,6 0g1 o,Alk a 0,7'�s a SEE i", tcx 7 55'4 • LEGAL Cc ca cs a co ,s 6.1 "''''7,1- 1) cR " CONE SINGLE STORY t f or no 0'. o DRIVE > RESIDENCE 3 ∎ ^^I Suad[r� X0.1' #7713 4.i rn oN v iv.0.7' 4' v � � o It. J Q I� la q W: O y• OA' w p 6,3' CERTIFIED TO : w L �3, �� KAREN E. WINK 07, 64 JOHN L. WINK uN WILSON & JOHNSON w 4•1' TRANS ea PAD •il )1, >6h.g7/p1I LEGAL DESCRIPTION : AN A PORTION OF A 10 FEET WIDE UTILITY EASEMENT L YING IN TRACT 'R', LAKESIDE OF A vi E NAPLES AT CITRUS GARDENS, AS RECORDED IN PLAT BOOK 15, PAGES 83 THROUGH 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT 'R'; THENCE ALONG THE NORTHERLY LINE OF SAD TRACT 'R', SOUTH 89'25'1I' EAST, 101.30 FEET TO A POINT; THENCE ACROSS SAID TRACT 'R', SOUTH 00'34'49' WEST, 211,92 FEET TO A SCALE 1" = 20' POINT; THENCE SOUTH 67'02'08' WEST 1564 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID EASEMENT AN,) THE 'POINT OF BEGINNING' OF THE PORTION HEREIN DESCRIBED] THENCE SOUTH c'0'34'49' WEST, ALONG THE EAST LINE OF SAID EASEMENT FOR 40.78 FEET; THENCE SOUTH 66'57'01' WEST, RUNNING ACROSS SAID EASEMENT, 10.92 FEET TO THE WEST LINE OF SAID EASEMENT; THENCE NORTH 00'34'49' EAST, ALONG THE WEST LINE OF SAID EASEMENT, 40.80 FEET TO A POINT; THENCE NORTH 67'02'08' EAST RUNNING ACROSS SAID EASEMENT, 10.91 FEET TO THE 'POINT OF BEGINNING'. CERTIFICATION BEARINGS HEREIN ABOVE ME:VTIONED ARE FROM SAID PLAT. I CERTIFY THAT THIS SKETCH WAS MADE UNDER MY DIRECTION AND THAT IT MEETS VAC- PL20140002509 Rev: 1 THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL TRACT R, LAKESIDE OF NAPLES AT LAND SURVEYORS AND MAPPERS IN CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE, PURSUANI///TAO SECTION 42.027_, _FLO/RIDA STATUTES. CITRUS GARDENS BY • �!/�'41 �(1 + //u5WW 09-14-2014 Date: 11/13/14 ________i SURVEY DATE DUE: 12/01/14 LELAND F. DySARD, PLS #3859 REVISIONS F.L.A. SURVEYS CORP. 3884 PROGRESS AVE. SUITE 104 t*--, NAPLES, FLORIDA 34104 PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 239-403-1600 FAX 403-8600 PROJECT NO: 1 14-10384 I Packet Page -2419- CA() 1/13/2015 17.B. Z W W Q ,..1- W W Q > r1 U U4A 1 ¢ S Z.- �-- _n b` J.0 - V - y h 8 y v A o 0 1 o `HO In z if N � v 31VOS 011.0N `',I,..,9 a c .` z i I'�331" "... 96 IL11 ' �- .# 1111<S3LV53 31V I ,,. o l Rlw� uGU:.-,9 -- W ' `T `� , 1 am II: W ND A.0 / i{ g i !1ii W ...04 iiIIIII MI -Tit ��D� LIVINGSTON ROAD n O I 7y .. p 901 y -1a o (.1 �- plc.,,,,t: !Ili,' ,�, �I�I�1, �,;,,,,,� _; . , _ llIUii,iuii X 11 TfO) �a ■� '� •. - ai ■wr , oimpipilerv,Pte , , ., N.. r B. SS . !UITI"S ,61§N 1m aI:, 111 I. .r. r#42 I '`-��1 Packet Page -2420- 1/13/2015 17.B. • • • 26D )} Wednesday, December 24,2014 ))-NAPLES DAILY NEWS • • NOTICE OF MEETING NOTICE OF MEETING • NOTICE dF PUBLIC HEARING • Notice is hereby given that on Tuesday, January 13,2015,in the Board of County • Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2015-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ' FLORIDA,TO INTEREST IN A PORTION OF AU10-FOOT TAI ITY EASEMENT NRUNNING THROUGH TRACT R OF LAKESIDE OF NAPLES AT CITRUS GARDENS, AS RECORDED IN PLAT BOOK 15,PAGES 83 THROUGH 88 OF THE PUBLIC.RECORDS OF COLLIER COUNTY, • FLORIDA,LOCATED IN SECTION 1,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COWER COUNTY,.FLORIDA. [PETITION VAC-PL201400025091 • • A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE:yAll persons wishing to speak on any agenda item must register with,the. Individual nspeakersQwillrbeolipresentation itednt t3 minutes onaany item. Theoselection dof any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please,contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 6101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the .Board of County Commissioners Office. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon • Deputy Clerk(SEAL) • No 7D427o5 Derember 24&December 31.2014 Packet Page -2421- 1/13/2015 17.B. NAPLES DAILY NEWS (( Wednesday, December 31,2014 K 25D • • at NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, January 13, 2015, in the Board of County Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence. at 9:00 A.M. The title of the proposed Resolution is as follows: • RESOLUTION NO.2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM,RENOUNCE AND-VACATE THE,COUNTY.AND"THE PUBLIC INTEREST IN A PORTION OF A 10-FOOT UTILITY EASEMENT RUNNING THROUGH TRACT R OF LAKESIDE OF NAPLES AT CITRUS GARDENS, AS RECORDED IN PLAT BOOK 15,PAGES 83 THROUGH 88 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,LOCATED IN SECTION 1,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20140002509] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. r� Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. • Persons wishing to have written.or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board • will become a permanent part of the record. • Any person who decides to appeal any decision of the Board will need a record of _ the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. • If you are a person with a disability who needs any.accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335-Tamiami Trail East, Suite #101, Naples, FL 34112-5356; (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E:BROCK,CLERK By: Teresa Cannon Deputy.Clerk(SEAL) December 24&December 31.7014 No.2042705 Packet Page -2422- •