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Agenda 03/24/2015 Item #17A 3/24/2015 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-PL20140002643 to disclaim, renounce and vacate the County and the public interest in a portion of the 20-foot utility and drainage easement running through the back yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 20-foot utility and drainage easement running through the back yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Petition VAC-PL20140002643 has been received by the Development Review Department, Growth Management Department from Leslie M. and Marianne Herndon, owner, to vacate a portion of the 20-foot utility and drainage easement running through the back yard of lot 10 of Riviera Colony Golf Estates, Unit IV. The easement was dedicated to the County,Florida Power and Light and the homeowners association on the plat. The owners intend to construct a screened porch addition to their residence located within the eastern 8 feet of the 20-foot utility and drainage easement. The easement runs through the west 20-feet of their lot. The Development Review Division has reviewed this petition and found no reason for objection. Jack McKenna,P.E., County Engineer and Jerry Kurtz, P.E., have reviewed and approved. 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 Century Link and the homeowners association. FISCAL IMPACT: 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 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-PL20140002643, which will vacate the County and the Packet Page-1139- 3/24/2015 17.A. public interest in a portion of the 20-foot utility and drainage easement running through the back yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 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 Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department Attachment: 1) Resolution w-exhibits Packet Page -1140- 3/24/2015 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-PL20140002643 to disclaim, renounce and vacate the County and the public interest in a portion of the 20-foot utility and drainage easement running through the back yard of lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 3/24/2015 Prepared By Name: BermanMarcus Title: County Surveyor,Natural Resources 2/11/2015 10:37:35 AM Submitted by Title: County Surveyor,Natural Resources Name: BermanMarcus 2/11/2015 10:37:36 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 2/11/2015 3:54:20 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources Date: 2/13/2015 8:29:50 AM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 2/13/2015 4:58:40 PM Packet Page-1141- 3/24/2015 17.A. Name: McLeanMatthew Title: Project Manager, Principal, Operations and Regulatory Management Date: 2/24/2015 6:18:31 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 2/25/2015 8:46:38 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/11/2015 2:03:06 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 3/11/2015 3:16:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/12/2015 2:46:55 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/12/2015 5:37:00 PM Packet Page -1142- 3/24/2015 17.A. RESOLUTION NO.2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT RUNNING THROUGH THE BACK YARD OF LOT 10, RIVIERA COLONY GOLF ESTATES, UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION VAC-PL201400026431 WHEREAS, pursuant to Resolution 2013-166, Petitioner, Leslie M. and Marianne Herndon, owners, has requested the vacation of the County and the public interest in a portion of the 20-foot utility and drainage easement running through the back yard of Lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 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 a portion of the 20-foot utility and drainage easement running through the back yard of Lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 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 Chairman [14-EIS-0286771137972/1] 6 1 of2 Packet Page -1143- 3/24/2015 17.A. • Apprnyerl ac to form and legality: By: Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map [14-EIS-02867/1137972/1] 6 7 of2 Packet Page -1144- 3/24/2015 17.A. LEGAL DESCRIPTION: (PROPOSED EASEMENT ABANDONMENT) THE NORTH 42.1 FEET OF THE SOUTH 58.47 FEET OF THE EAST 8.0 FEET OF THE 20.0' U.E./D.E. ALONG THE WEST.SIDE OF LOT 10, RIVIERA COLONY GOLF ESTATES, UNIT IV ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 88 AND 89, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. "EXHIBIT A" L.J I 1 1 SET 1/2" ` I FOUND 1/2" IRON ROD '; N89°01 45 E (NR) IRON ROD / 118.22 NO ID. , (. -/ LB# 7893; 30.0' I 5' U.E.(P) — 20' U.E./D.E.(P) -7 0 0 • i I Q 0 14.1 sr 0 � > I H- o ;, ,. L� g �' LOT 10 �, o.� - l,_ dam;-' w � �0tn Q w m 1? 0 (.) h [',./' --0 0 1 I_ Z_ Z II In CT] Q in w_ , iy ' I 1— LLJ I 11 O J ,_jv. .' Cr) _0 �4 W 1 1— CO Cr I j, 1 X 7) o Z 1 D a_ C w E.,1;'' W 1-1-1 C� Q O z Cl) I L8_Q4 O o W Ica _a — c 5' U.E.(P) Q SET 1/2" N89°01 '45"E (NR) FOUND 1/2" , IRON ROD 110.01 ' IRON ROD LB# 7 893 I I NO ID. I 10j 1 - LEGEND - U.E. = UTILITY EASEMENT D.E. = DRAINAGE EASEMENT ;Li-) (NR) = NON RADIAL N SURVEY NO. 200035 P = PLAT II SKETCH DATE: 11-18-2014 SKETCH AND DESCRIPTION ' ' -,: THIS IS NOT A SURVEY, TO LB#7893 a jcIII ,,,,,, ' \ ACCOMPANY DESCRIPTION ONLY . , SURVEYORS CERTIFICATE p ji 1 -l�1 I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION \ i L'✓ �/ � q 11,C G +' ` IS A TRUE AND CORRECT REPRESENTATION OF A _ A /47: SKETCH PREPARED UNDER MY DIRECTION. '',0---,..c:: NOT STArec '.--7,./ SIGNATlDWATHOUTAN AUTHENTICATED SERVING ALL FLORIDA COUNTIES F C 1 SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL, OR A RAISED EMBOSSED SEAL AND SIGNATURE. 6250 N.MILITARY TRAIL,SUITE 102 C ;; :::----le WEST PALM BEACH,FL 33407 PHONE (561)640-4600 FACSIMILE (561)640-0576 (SIGNED) STATEWIDE PHONE (800)226-4807 DE -- - ----R AND------ ------------ CLYDEO.McNEAL,PROFESSIONAL S'JRVEYDRANOMAPPER#2883 Packet Page -1145- STATEWIDE FACSIMILE (800)741-0576 of 3/24/2015 17.A. i N N • O N N M n N •• j7 A •D N N M N • < r N M N M z 0 N W <4 ' CO W f— N 'n•7 Q o N N W a,- W .- SP T^ .3 V 1 r4 �P M a w n m m � � ❑0 U1 'G�^G O' N M W CO O N N 0 N a M H a° z o �f " 31V0S Ol ON :u y O -C__ O Q.i °0n) 1-4 1� v RC U 1 C il o 0 � � { N U • �� c z Q U w +^ 4g Iii.,?Ell 51 ,ILt w r * p. p 1 : °O°9.0 n E W ' ? 1 e i viu �� as ����� � i TR - x Ii. mr.,.-44 __r 7...?„1".‘ - .....„ gE2§.7 r ;rIr1r :: :1.._. . ;.. rav ,.... gtz,1.40 F._ z lom ,..., .. ....._ , i., , , .., I, „ 1. I I 1 , ,, Al ;-":( ctliellit WI :.4.0010 -.i..._;diikal 4 , IlgjllhhNll hhili f os dso I :Ilk, iz t .A01—: e pi �'r'' O ...TR: ao.riii ',i- I ,, - 11&,;:„ Ll_.„_. I ' ;17 tor• _ , L .. t-• ,rvp--0.,.7. : „40 .--, , • , .., „,:. ,,,,,, , , „H ., 1 ..40j: F Y 7 / ==, trio Ir ,,Q� <,. 114111111111111:11111*t_e1411— .,)Timm, lii=ri; 1•1 ".7411111111.1' 11.-' 1 Iiiir ,,,, „,:,,,,„ ,.: . ,,,,1 Ai. g., ,,,,‘, r„, . , , ,,,,., ,, ,i....: 1 1 I Inn 1,:affillilli 111.1-Alail IlLiatft•railillf& Al 'liiii P. Packet Page -1146- 3/24/2015 17.A. 0 NAPLES DAILY NEWS cc Wednesday, March 4, 2015 « 25D :NOTICE OF.MMEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday; March 24, 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 THE 20-FOOT UTILITY AND DRAINAGE EASEMENT RUNNING THROUGH THE BACK YARD OF LOT 10,RIVIERA'COLONY GOLF ESTATES, UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF.THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,LOCATED IN SECTION 18,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION VAC-PL20140002643] • 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 ari 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 i TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) N^arrh a an.i 1,1 701R Nn 2n4RR21 10 ' _1 Packet Page -1147- 3/24/2015 17.A. g NAPLES DAILY NEWS (( Wedrne§day, March 11,2015 (( 310 NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, March 24, 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 COWER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT RUNNING THROUGH THE BACK YARD OF LOT 10,RIVIERA COLONY GOLF ESTATES, UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, LOCATED IN SECTION 18,TOWNSHIP 50 SOUTH, RANGE 26 - EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20140002643) 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 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 pockets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any;case, written materials intended tp 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 area 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: Teresa Cannon • Deputy Clerk(SEAL) March 4 and 11.2015 No.2048821 a Packet Page -1148-