Agenda 06/23/2015 Item #17C6/23/2015 17.C.
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- PL20140001887 to disclaim, renounce and vacate the County and the public interest
in a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public
Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East,
Immokalee, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion
of 15t Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of
Collier County, Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee,
Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC- PL20140001887 has been received by the Development
Review Division from Steven J. Bracci, Esq., of Steven J. Bracci, P.A., as agent for the property
owner. This request is to vacate a portion of 15th Street as shown on the plat of Eastover, Plat
Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3,
Township 47 South, Range 29 East, Immokalee, Collier County, Florida.
The portion of 15th Street has never been improved or used as a public road right -of -way, and the
vacation of this property, which has never been used as a public road right -of -way, will allow the
property to be placed on the tax rolls and revenue derived in the form of property taxes. A cross
access easement agreement has been executed by the private entities adjacent to this roadway, to
ensure any access to private interests within this area is provided.
In coordination with the Florida Department of Transportation (FDOT), the existing platted
right -of -way of 15th Street was found to be part of one of the alternatives considered in the State
Road 29 Loop Road Project Development & Environment (PD &E) study. County staff and the
petitioner met with FDOT on June 2, 2015 to discuss the PD &E as it relates to this right -of -way.
In a subsequent email from FDOT, they confirmed that the property in question lies within one
of the alternatives that are progressing through the prescribed federal process. Through further
coordination, staff recommended and the petitioner agreed to the following condition, which has
been added as a condition of approval on the attached Resolution: "In place of the 30 feet of road
easement to be vacated, owner, its successors and assigns, agree to convey, upon written request,
to Collier County or the Florida Department of Transportation a 30' public road easement and a
temporary 10' slope easement over and along the eastern properly line of owner's property
identified as: 837 SR 29 and 837 Main St E, FOLIO numbers 00118760009 and 30631320006.
The conveyances shall be made free and clear of all liens and encumbrances and at no cost to
Collier County or Florida Department of Transportation. The conveyances shall be made within
30 days of written request of Collier County or Florida Department of Transportation, which
shall be made based on the State Road 29 Project Development and Environment study final
alignment approval by the Federal Highway Administration (the "Final Alignment "). In the
event that a request for the conveyance is not made within 5 years from the date of this
Resolution, then this commitment shall terminate. If the Final Alignment is earlier determined
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6/23/2015 17.C.
and it does not require a public roadway in the reserved easement area, then this commitment
shall tenninate upon the County's or FDOT's written acknowledgment (in recordable form),
which shall not be unreasonably withheld or delayed. During said time, the owner further
commits to not construct or install any pennanent improvements in the easement areas." Based
on the inclusion of this condition in the Resolution, Collier County recommends approval of this
application.
The hearing was advertised in a local paper of general circulation pursuant to Section 336.10,
Florida Statutes and Resolution No. 2013 -166, and the adjoining property owners were given
notice as well.
FISCAL IMPACT: The application fee of $2,100.00 covers staff review and processing. The
applicant is also responsible for advertising fees.
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- PL20140001887, which will vacate the County and the
public interest in a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97,
of the Public Records of Collier County, Florida, located in Section 3, Township 47 South,
Range 29 East, Immokalee, 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 Eastover, Plat Book 1
Page 97, 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.
Attachments: 1) Resolution with Exhibits, 2) Private cross - access easement, 3) FDOT 15th
Street Vicinity Adjacent to SR 29 Alignment Alternatives
14- EIS - 02796 \00
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
6/23/2015 17.C.
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 deny Petition VAC- PL20140001887 to disclaim, renounce and vacate the
County and the public interest in a portion of 15th Street as shown on the plat of Eastover, Plat
Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3, Township
47 South, Range 29 East, Immokalee, Collier County, Florida.
Meeting Date: 5/26/2015
Prepared By
Name: BermanMarcus
Title: County Surveyor, Natural Resources
4/16/2015 9:09:48 AM
Submitted by
Title: County Surveyor, Natural Resources
Name: BermanMarcus
4/16/2015 9:09:49 AM
Approved By
Name: PuigJudv
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/21/2015 8:19:53 AM
Name: NouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
Date: 4/21/2015 10:44:34 AM
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 4/24/2015 11:32:39 AM
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6/23/2015 17.C.
Name: KurtzGerald
Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management
Date: 4/24/2015 4:41:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/15/2015 10:47:10 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 5/18/2015 3:41:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/18/2015 4:52:25 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/18/2015 5:27:46 PM
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6/23/2015 17.C.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND PUBLIC INTEREST IN A
PORTION OF THE 15TH STREET RIGHT -OF -WAY AS SHOWN
ON THE PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED
IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA. (PETITION VAC -
PL20140001887)
WHEREAS, pursuant to Resolution 2013 -166, Petitioner, Steven J. Bracci, Esq.,
of Steven J. Bracci, P.A., has requested the vacation of the County and the Public interest
in a portion of the 15th Street right -of -way as shown on the plat of Eastover, Plat Book I
Page 97, of the Public Records of Collier County, Florida. located in Section 3, Township
47 South, Range 29 East, Immokalee, Collier County, Florida, being more specifically
shown in Exhibit A, attached hereto; and
WHEREAS, at its April 14, 2015 regular meeting, the Board of Commissioners,
via Resolution No. 2015 -68, approved the scheduling of a public hearing on May 26,
2015, pursuant to Resolution 2013 -166; 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; and
WHEREAS, the granting of the Petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COINZMISSIONERS OF COLLIER COUNTY, FLORIDA. that the County interest in
a portion of the 15th Street ri ,,ht -of -way as shown on the plat of Eastover, Plat Book 1
Page 97, of the Public Records of Collier County. Florida, located in Section 3, Township
47 South. Range 29 Fast, Immokalee. Collier Countv, Florida, being more specifically
shown in Exhibit .4, is hereby vacated, extinguished, renounced and disclaimed, and this
action is declared to be in the Public interest and for the Public benefit. subject to the
Conditions of Approval attached hereto as Exhibit B.
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 and to make
proper notation of this Resolution on the plat of Eastover, recorded in Plat Book 1, Page
97, of the public records oil' Collier County, Florida.
114 -EIS- 02796'1176423!11 1 of 2
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6/23/2015 17.C.
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
. Deputy Clerk
Approved as to form and legality:
By:
Scott A. Stone
Assistant County Attorney
By:
� /rs %r5
Tim Nance, Chairman
Attachments: 1) Location -Site Map, 2) Exhibit A, 3) Exhibit B
(14 -EIS -03796 %1 176423 %11 2 of 2
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6/23/2015 17.C.
EXHIBIT B
Conditions of Approval for VAC- PL20140001887
In place of the 30 feet of road easement to be vacated, owner, its successors and assigns,
agrees to convey, upon written request, to Collier County or Florida Department of
Transportation a 30 -foot public road easement and a temporary 10 -foot slope easement
over and along the eastern property line of owner's property identified as: 837 SR 29 and
837 Main St E. FOLIO numbers 00118760009 and 30631320006. The conveyances shall
be made free and clear of all liens and encumbrances and at no cost to Collier County or
Florida Department of Transportation. The conveyances shall be made within 30 days of
written request of Collier County or Florida Department of Transportation, which shall be
made based on the State Road 29 Project Development and Environment study final
alignment approval by the Federal Highway Administration (the "Final Alignment "). In
the event that a request for the conveyance is not made within 5 years from the date of
this Resolution, then this commitment shall terminate. If the Final Alignment is earlier
determined and it does not require a public roadway in the reserved easement area, then
this commitment shall terminate upon the County's or FDOT's written acknowledgment
(in recordable form), which shall not be unreasonably withheld or delayed. During said
time, the owner further commits to not construct or install any permanent improvements
in the easement areas.
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6/23/2015 17.C.
Prepared b} Without Title Examination
and After recording return to:
Steven 1. Bracci. Esq.
Steven J. Bracci, PA
9015 Strada Steil Court. Suite 102
Naples. Florida 34109
DECLARATION OF CROSS ACCESS EASEMENT
4.
THIS DECLARATION OF CROSS ACCESS EASEMENT is made and entered into this '
day of`.�. u'- 2015, by OAKES FARMS TOMATO REPACK, LLC, a Florida limited liability
company whose address is 7695 Santa Cruz Court, Naples, FL 34109 (herein "Oakes "), and J & J
SOUTHERN FARMS, INC., a Florida corporation whose address is 4003 Seminole Pratt Whitney,
Loxahatchee, FL 33470 (herein "J &J ").
RECITALS:
A. Oakes is the owner of that certain parcel of land located on the southwest side of Main
S.R. 29 in Immokalee, Florida, as more particularly described in Exhibit "A" attached hereto and made a
part hereof (the "Oakes Parcel "), and
B. J &J is the owner of that certain parcel of land located on the southwest side of S.R. 29 in
Immokalee, Florida, as more particularly described in Exhibit 'B" attached hereto and made a part
hereof (the "J &J Parcel;" and together with the Oakes Parcel, the "Parcels "): and
C. Oakes and J &J desire to provide joint cross - access for the Oakes Parcel and the J &J
Parcel by establishing a perpetual nonexclusive cross easement in favor of the Oakes Parcel and the J&J
Parcel for purposes of vehicular and pedestrian access, ingress and egress over and across the parcel
described in the attached Exhibit "C" (the "Easement Parcel ").
ACCORDINGLY, for and in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. Recitals. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Grant. Oakes. as owner of the Oakes Parcel, and J &J, as owner of the J &J Parcel, hereby
declare, establish, reserve and create for the benefit of the other Parcel a perpetual easement, right, license
and privilege of passage and use, both pedestrian, vehicular and otherwise, over, across and upon that
portion of the Easement Parcel owned by the granting party. The easement hereby granted shall be
perpetual, becoming effective on the date hereof and remaining in full force and effect forever. The
easement granted hereby shall be binding upon all parties or persons claiming under Oakes or J &J, as the
case may be, and shall run with the respective Parcels forever. Oakes and J &J shall cooperate in
relocating or reparking any vehicles as reasonably necessary from time to time to accommodate the other
party's vehicular access needs. Oakes and J &J agree that they shall not construct any permanent above-
ground improvements in the cross - access easement area.
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6/23/2015 17.C.
3. LCEC Easement. Each party grants to Lee County Electric Coop an underground utility
easement over and across that portion of the Easement Parcel described in the attached Exhibit "D" (the
"LCEC Easement Parcel ").
4. Successors and Assigns. The rights, titles, interests, privileges and reservations herein
provided shall inure to the benefit of each party's respective successors and assigns, including without
limitation, its respective mortgagees, tenants, licensees, invitees, employees and guests.
5. Reservation of Rights. Each parry reserves all rights of ownership in and to its respective
Parcel which are not inconsistent with the easement, including, without limitation, the right to grant
further easements on, over or across its portion of the Easement Parcel. Each party further reserves the
right to use its portion of the Easement Parcel for all uses not interfering with the use permitted
hereunder.
EXECUTED as of the day and year first written above.
Signed and sealed
in the presence of-
Print Name:
t
Print Nan7£:
Print Name:_ '
Print ",,,ame: t,-', _4 4 et
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OAKES FARMS TOMATO REPACK, LLC, a Florida
limited liability company
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Francis A. Oakes II1, Managing Member
J & J SOUTHERN FARMS, INC.. a Florida corporatiot) "
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6/23/2015 17.C.
STATE OF FLORIDA
) ss:
COUNTY OF COLLIER }
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Acknowledged, sworn and subscribed to before me this day of � ,2015,
by FRANCIS A. OAKES III, as Managing Member of QA F—< _ ARMS_ TOMATO REPACK, LLC, a
Florida limited liability company, who is -Tersbnally known to rne' -.or who has produced
(type of identification) as ident- Tmc- 5Tion.
STEVEN J BR/oCCf NOTARY PUBLIC, STATE OF FLORIDA
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+i MY COMMISSION # EE1131B5
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= EXPIRES July 29, 2015 , f
t407?39s- 1 (Yrint.'1ype or Stamp Commissioned Name of Nolan Public)
STATE OF FLORIDA )
ss:
COUNTY OF t'.=i lft4.k �t� ,.�: I )
Acknowledged, sworn and subscribed to before me this '_ > day of .,� ; a" i �� �, 2015,
by Chris Erneston III, as President of J & J SOUTHERN FARMS. INC., a Florida corporation. who is
personally known to me or who has produced (type of identification) as
identification.
JOANNEFERRANOM
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= aP` Notary Po kC Statt of Flwta
_. MY cm n. ExAkn Feb 11 2017 NOTARY PUBLIC, STATE OF FLORIDA
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9601116 TMNO (Print, Type or Stamp Commissioned Name ofNotar} Public)
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EXHIBIT "A"
LEGAL DESCRIPTION OF OAKES PARCEL
[as described on the following Exhibit A -I and Exhibit A -21
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EXHIBIT "B"
LEGAL DESCRIPTION OF J & J PARCEL
Lot 4, Block 5, Eastover Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 97, of the Public Records of
Collier County, Florida.
ALSO the Northwesterly one -half of that portion of 15th Street adjoining said Lot 4, as said 15th Street is shown on the plat
recorded in Plat Book 1, Page 97, Public Records of Collier County, Florida; being more particularly described as:
Beginning at the northeast corner of Lot 4, Block 5 of Eastover Subdivision, as recorded in Plat Book 1, Page 97, of the Public
Records of Collier County, Florida; thence run South 45 °12'10" East along the South Right -of -Way line of Main Street East
(State Road 29) for a distance of 30 feet to the centerline of said 15th Street; thence run South 44 °47'50" West along the
aforementioned centerline of 15th Street for a distance of 243.00 feet; thence run North 45 °12'10" West for a distance of 30 feet
to the Westerly right -of -way of said 15th Street; thence run North 44'47'50" East along said right -of -way line for a distance of
243.00 feet to the point of beginning.
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EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT PARCEL
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EXHIBIT "D"
LEGAL DESCRIPTION OF LCEC EASEMENT PARCEL
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NAPLES DAILY NEWS (( Wednesday, May 6, 2015 (( 27D
m the It
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, May 26, 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:
FLORIDA. TO DISCLAIM, RENOUNCEUAAND COMMISSIONERS
VVA ATE IOTHER COLLIER
COUNTY AND PUBLIC AY AS SHOWN ON THE
INTEREST IN A N OF THE 15TH STREET PLAT OF EASTOVOER,IPLATT BOOK 1 PAGE 97, OFITHE PUBLIC RECORDS OF COLLIER
COUNTY, SECTION RANGE 29
EAST, MOKA EE, COLLIER COUNT FLORIDA. (PETIT ON VAC PL2014000887)
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 adaressed.
Individual speakers will he limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
reconnized by the Chairman, a spokesperson for a group or organization may be
alloted 10 minutes to speak on an, item.
' trsun. v,d,hing to have v rttter. or graphic materials included in tide Board agenda
n ckets must SUOMI" 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 haring. All materials used in presentations before the Board
will become a permanent pan of the record.
Any person who decides to appeal any decision of the Board will need a record of
I 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 Eas*., Suite #101, Naples, FL 34112 -5356,
(239) 252 -8380, at- least two days prior to the meetino. Assisted listening devices
l for the hearing impaired are available in the Boara of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONER5
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
Teresa Cannon
i;eouty Clerk (SEAL)
I y.,, - F, 1' 20'r
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NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, May 26, 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:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC
INTEREST IN A PORTION OF THE 15TH STREET RIGHT -OF -WAY AS SHOWN ON THE
PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29
EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20140001887)
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, fo have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resppective
r,ubiic hearing. In any case, written materials it ended to be considered by the,
Beard shall be submitted to the appropriate County staff a minimum o4 seven days
Prior to the public hearing. Ah material; used in presentations before the Board
vvill become a permanent parr, ofihe record,
Any person who decides %,i appeal anv ciedsion of the Board will need a record cf
I
he pr^ceedtngs p.ertainfng there:u and �herefurE, may need to ensure hat a
verbatim record of the prop :eedmgs is made, whip :h record includes the testimony
anc: evidence uoon which the appeal is based.
;f you are a person with a disability who needs any accommodation in order to
participate in this proceeding, ycu are entitied, at no cost to you, to the provision
I Certain as >istanre_ Please contact the Coilier County Facilities Management
uepartntent, located at 3335 Tamiami Trail -cast, quite 4101, Naples, FL 341 1 2 -5356G,
2391 257 83£t0, 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)
N.A." A R 1Z M ; Nn JnSF947
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6/23/2015 17.C.
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