Agenda 03/10/2015 Item #17A 3/10/2015 17.A.
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-PL20150000090 to disclaim, renounce and vacate the County's interest in the 15-foot
County Utility Easement(C.U.E.) running through Tract A of Briarwood Plaza,as recorded in Plat
Book 17, pages 24 through 25 of the public records of Collier County,Florida,located in Section 31,
Township 49 South,Range 26 East,Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County's interest in the 15-foot County
Utility Easement (C.U.E.) running through Tract A of Briarwood Plaza, as recorded in Plat Book
17, pages 24 through 25 of the public records of Collier County, Florida, located in Section 31,
Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit A.
CONSIDERATIONS: Petition VAC-PL20150000090 has been received by the Development
Review Department, Growth Management Division from Josh Fruth of Davidson Engineering,
Inc., as agent for the property owner, to vacate the 15-foot County Utility Easement (C.U.E.)
running through Tract A of Briarwood Plaza, as recorded in Plat Book 17, pages 24 through 25
of the public records of Collier County, Florida, located in Section 31, Township 49 South,
Range 26 East, Collier County, Florida.
There are no facilities within the County Utility Easement (C.U.E.). The developer is not
proposing any County maintained utilities within the easement therefore the vacation will not
cause any negative/positive impacts to the general public.
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 plan impact
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-PL20150000090, which will vacate the County's interest in
the 15-foot County Utility Easement (C.U.E.) running through Tract A of Briarwood Plaza, as
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3/10/2015 17.A.
recorded in Plat Book 17, pages 24 through 25 of the public records of Collier County, Florida,
located in Section 31, Township 49 South, Range 26 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 Briarwood Plaza, as recorded in Plat Book 17, pages 24 through 25 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
Attachments: 1)Resolution w/attachments
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3/10/2015 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
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-PL20150000090 to disclaim, renounce and vacate
the County's interest in the 15-foot County Utility Easement (C.U.E.) running through Tract A of
Briarwood Plaza, as recorded in Plat Book 17, pages 24 through 25 of the public records of
Collier County, Florida, located in Section 31,Township 49 South, Range 26 East, Collier County,
Florida.
Meeting Date: 3/10/2015
Prepared By
Name:BermanMarcus
Title: County Surveyor,Natural Resources
1/26/2015 10:06:39 AM
Submitted by
Title: County Surveyor,Natural Resources
Name: BermanMarcus
1/26/2015 10:06:40 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/6/2015 3:20:58 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
Date: 2/9/2015 8:10:11 AM
Name: McLeanMatthew
Title: Project Manager,Principal, Operations and Regulatory Management
Date: 2/11/2015 5:17:01 PM
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Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 2/13/2015 9:30:49 AM
Name: KurtzGerald
Title: Project Manager,Principal,Transportation Road Maintenance
Date: 2/13/2015 4:51:47 PM
Name:LorenzWilliam
Title: Director-CDES Engineering Services,Natural Resources
Date: 2/18/2015 11:29:10 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 2/20/2015 10:33:45 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/25/2015 9:17:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25/2015 1:48:38 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/2/2015 9:27:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/2/2015 4:58:25 PM
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3/10/2015 17.A.
RESOLUTION NO.2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S INTEREST IN THE 15-FOOT COUNTY
UTILITY EASEMENT (C.U.E.) RUNNING THROUGH TRACT A OF
BRIARWOOD PLAZA, AS RECORDED IN PLAT BOOK 17, PAGES 24
THROUGH 25 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE
26 EAST,COLLIER COUNTY,FLORIDA.
[PETITION VAC-PL201500000901
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Josh Fruth of Davidson
Engineering, Inc., has requested the vacation of the County's interest in the 15-foot County
Utility Easement(C.U.E.) running through Tract A of Briarwood Playa, as recorded in Plat Book
17, pages 24 through 25 of the public records of Collier County, Florida, located in Section 31,
Township 49 South, Range 26 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 the
15-foot County Utility Easement (C.U.E.) running through Tract A of Briarwood Plaza, as
recorded in Plat Book 17, pages 24 through 25 of the public records of Collier County, Florida,
located in Section 31, Township 49 South, Range 26 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 Tim Nance, Chairman
[15-EIS-00000] 1 of 2
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Approved as to form and legality:
By: +/Z.3/S
Scott A. Stone
Assistant County Attorney
Attachments: 1) Exhibit A
2)Location-Site Map
[15-EIS-00000] 2 of 2
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Rhodes & Rhodes Land Surveying, Inc.
28100 Bonita Grande Drive, Suite 107, Bonita Springs,pangs, Florida 34135
Phone(239)405-8166 Fax(239)405-8163
A TRACT OR PARCEL OF LAND
LYING IN
SECTION 23,TOWNSHIP 48 SOUTH,RANGE 26 EAST,
COLLIER COUNTY,FLORIDA
EXHIBIT A
DESCRIPTION:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING
IN SECTIONS 31,TOWNSHIP 49 SOUTH,RANGE 26 EAST,BEING A PORTION OF TRACT"A",
BRIARWOOD PLAZA,AS RECORDED IN PLAT BOOK 17 AT PAGES 24 THROUGH 25 OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY AND FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT"A",BRIARWOOD PLAZA,
RECORDED IN PLAT BOOK 17,PAGES 24 THROUGH 25;THENCE ALONG THE SOUTH LINE OF SAID
PLAT CONTINUE NORTH 87°47'50"EAST,A DISTANCE OF 330.88 FEET TO THE POINT OF
BEGINNING;THENCE SOUTH 87°47'50"WEST,A DISTANCE OF 15.01 FEET;THENCE NORTH 00°18'08"
EAST,A DISTANCE OF 72.57 FEET;THENCE NORTH 89°41'52" WEST,A DISTANCE OF 413.82 FEET;
THENCE NORTH 00°18'08"EAST,A DISTANCE OF 155.99 FEET;THENCE SOUTH 89°41'52"EAST,A
DISTANCE OF 15.00 FEET;THENCE SOUTH 00°18'08" WEST,A DISTANCE OF 140.99 FEET;THENCE
SOUTH 89°41'52" EAST,A DISTANCE OF 398.82 FEET; THENCE NORTH 00°18'08"EAST,A DISTANCE
OF 140.99 FEET;THENCE SOUTH 89°41'52"EAST,A DISTANCE OF 15.00 FEET;THENCE SOUTH
00°18'08"WEST,A DISTANCE OF 227.90 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,746 SQUARE FEET OR 0.270 ACRES,MORE OR LESS.
PARCEL IS SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD, RECORDED AND
UNRECORDED.
BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF BRIARWOOD PLAZA,AS
RECORDED IN PLAT BOOK 17,PAGES 24 THROUGH 25.WITH THE SOUTH LINE OF TRACT"A"AS
BEARING N87°47'50"E.
THOMAS E.RHODES SR..P.S.M.NO.5854
VAC: PL20150000090 REV: 1
PREMIER AUTO SUITES
DATE: 1/15/15
DUE: 1/30/15
PAGE 1 OF 2 2015-003 DESC.doc
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•
I R
NAPLES DAILY NEWS K Wednesday, February 18,2015 K 27D
•
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, March 10, 2015, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299.
Tamiami Trail East, 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'S INTEREST IN THE
15-FOOT COUNTY UTILITY EASEMENT (C.U.E.) RUNNING THROUGH TRACT A OF
BRIARWOOD PLAZA,AS RECORDED IN PLAT BOOK 17,PAGES 24 THROUGH 25 OF
'THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION
VAC-PL20150000090]
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.
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 .fora 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
COWER COUNTY,FLORIDA Kr"
TIM NANCE,CHAIRMAN
• DWIGHT E.BROCK,CLERK
By: Ann Jennejohn
Deputy Clerk(SEAL) •
_February 18&February 25.7015 No.2048705
•
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3/10/2015 17.A.
26D )) Wednesday, February 25,2015 )) NAPLES DAILY, NEWS
•
NOTICE OF PUBLIC HEARING •
Notice is hereby given that on Tuesday, March 10, 2015, in the Board.of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299
Tamiami Trail East, 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'S INTEREST IN THE
15-FOOT COUNTY UTILITY EASEMENT (C.U.E.) RUNNING THROUGH TRACT A OF
BRIARWOOD PLAZA,AS RECORDED IN PLAT BOOK 17,PAGES 24 THROUGH 25 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION
VAC-PL20150000090]
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.
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 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'
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK •
By: Ann 7ennejohn
Deputy Clerk(SEAL) •
February 18&February 25.2015 Nn 204R7Q5.
•
•
• c�.
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