Loading...
Agenda 10/13/2015 Item #17B10/13/2015 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- PL20150001456 to disclaim, renounce and vacate the County's and the public interest in the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate the County's and the public interest in the 30- foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC- PL20150001456 has been received by the Development Review Division, Growth Management Department, from Richard D. Yovanovich, Esq., of Coleman Yovanovich & Koester, P.A., as agent for the property owner to vacate the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. The subject Right -of -Way, Utility and Drainage easement was dedicated to the County for the use and benefit of the public in 1972. The easement is located over an alleyway between two commercial properties, Tide Drycleaners to the north and Longhorn's Steakhouse to the south. The alleyway connects Trail Boulevard to another road behind the properties. There is no public detriment associated with this vacation request because the public will still have access over the subject alleyway. There are additional public alleyways in the vicinity connecting the two roads. The County has not been maintaining the alleyway and the applicant has agreed to maintain and repair the alleyway (see right -of -way permit, attached). Vacation of this parcel will relieve the County of such obligations and potential liabilities. Property owners adjacent to the subject roadway has provided a letter of no objection. In addition, the Applicant has also secured letters of no objection from the requisite agencies and other authorized users of the subject roadway. The applicant has provided a Cable Easement to Embarq, and access easement to the adjacent property owner. The Development Review Division has reviewed this petition and found no reason for objection. The Board approved the scheduling of this public hearing on September 22, 2015, via Resolution No. 2015 -186. Packet Page -2278- 10/13/2015 17.B. 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 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- PL20150001456, which will vacate the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A and 2) Directs the Clerk of Courts 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, Growth Management Department Attachments: 1) Resolution with Exhibits, 2) Letters of no objection, 3) Grant of Access Easement Agreement, 4) Grant of Cable Easement, 5) ROW Permit, 6) OR 444, page 398; and 7) Legal Advertisement Packet Page -2279- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 10/13/2015 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- PL20150001456 to disclaim, renounce and vacate the County's and the public interest in the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Meeting Date: 10/13/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Growth Management Department 9/15/2015 10:43:19 AM Submitted by Title: County Surveyor, Growth Management Department Name: BermanMarcus 9/15/2015 10:43:20 AM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Growth Management Department Date: 9/15/2015 11:06:00 AM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Growth Management Department Date: 9/15/2015 11:32:47 AM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 9/15/2015 2:10:10 PM Packet Page -2280- Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 2:18:46 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 2:39:40 PM Name: ScottTrinity Title: Manager - Planning, Growth Management Department Date: 9/15/2015 3:19:49 PM Name: KurtzGerald Title: Project Manager, Principal, Growth Management Department Date: 9/15/2015 5:59:22 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/16/2015 10:10:41 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 9/25/2015 8:24:05 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/25/2015 8:56:14 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 9/25/2015 10:01:23 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/27/2015 8:13:41 AM Packet Page -2281- 10/13/2015 17.B. �i 10/13/2015 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 THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY AND DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 444, PAGES 398 AND 399 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20150001456) WHEREAS, pursuant to Resolution 2013 -166, Petitioner, Richard D. Yovanovich, Esq., of Coleman Yovanovich & Koester, P.A., has requested the vacation of the County and the Public interest in the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, at its September 22, 2015 regular meeting, the Board of Commissioners, via Resolution No. 2015- , approved the scheduling of a public hearing on October 13, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in the 30 -foot Road Right -of -Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 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. I of 2 Packet Page -2282- 10/13/2015 17.6. This Resolution adopted after motion, second and majority vote favoring same, this the Aqft, day of 12015. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, Chairman By: a 9/16 %1s Scott A. Stone Assistant County Attorney Attachments: 1) Location -Site Map, 2) Exhibit A 2 of 2 Packet Page -2283- r F% E EM 10/13/2015 17.B. s 28150601 q5' RED' EXHIBIT "A" From the Southwest corner of Tract "A ", PINE RIDGE SECOND EXTENSION, as recoded in Plat Book 10, Page 86, of the Public Records of Collier County, Florida, run N 001 59' 24" W, along the East line of Trail Boulevard, for 1091.28 feet, to the Point of Beginning; thence continue N 00° 59' 24" W, for 30.00 feet; thence N 89° 00' 36" E, for 215.00 feet, to the point of curvature of a curve concave to the Northwest and having a radius of 25.00 feet; thence along the arc of said curve, for 39.27 feet through a central angle of 901 00' 00 ", to the point of tangency of said curve; thence S 00° 59' 24" E, for 55.00 feet; thence S 89° 00' 36" W, for 240.00 feet, to the Point of Beginning. Packet Page -2284- LO O O O LO ri CQ a I U BS —GS S2DVd '2�T X00H JVId .- LF�'IdE2i NOISNa,LX� QNOOas a� I23 �NId N m d 1') N —0 00 1� tU tf) d N� N r r r I Q2i°dl�d'-It10H - iivzi,I, CD zo MwW < U W 4 ry Q U N 10/13/2015 17.B. W C~ m K j, K � � J o` Q v o y tt.N > 31VOSO1ION Rw•=( Cis T Packet Page -2285- � = ^RS OZ 1N.7 `too °vim 3 azUwC7�ty w 7 0 pi 0 z C m O U w r O a a o ri.J+1 m r w 0 MMM YE t _. F�,! �1'f11 gg ss �, ! ' • n ���` ■ - ° - ' llll'ill III III IIUIU11111111W1lfii�l «_�� Packet Page -2285- � = ^RS OZ 1N.7 `too °vim 3 azUwC7�ty w 7 m C C N a 0 pi 0 z C m O U w r O a a o m w 0 m C C N a o FPL April 22", 2015 PL 2015 0 U U t 10/13/2015 17.B. Florida Power & Light Company, 26430 Old US 41 Rd, Naples, FL 34135 239 - 947.7372 Richard Yovanovich Coleman, Yovanovich, Koester 4001 Tamiami Trail N Suite 100 Naples, FL 34103 Re; Proposed Vacation of Utility Easement Located SW corner of Tract "A ", Pine Ridge Second Extension, Collier County, FL Mr. Yovanovich: Thank you for contacting FPL about the Proposed Vacation of the platted utility easement at the referenced location. FPL has no objection to the vacation of the easement shown on exhibit "A" attached. If I can be of any further assistance, please contact me at (239) 947 -7372. Sincer ly, Theodore Bruney Associate Engineer A NEXTera ENERGY Company Packet Page -2286- 10/13/2015 17.B. D® FD as loo CenturyLink CenturyLink 3530 Kraft. Rd. Unit 100 Naples, FL 34105 6/23/2015 Dianna Quintanilla Legal .Assistant to Richard D. Yovanovich, Esq. Coleman Yovanovieh & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 RE: No objection to vacate easement — Dear Ms. Quintanilla: In response to your letter dated 6/23/2015, Tegarding the vacation of the existing easement identified on submitted sketch named Exhibit A, and is located from the Southwest comer of Tract "A ", PINE RIDGE SECOND EXTENSION, Collier County, Florida; CenturyLink.has no objection to the vacation of such easement: If I can be of further assistance, feel free to contact me at 239-!263-6278 or email rob.francway@centurvlink.com Sincerely Yours Rob Francway Access Engineer I CenturyLink Packet Page -2287- e 10/13/2015 17.B. ; Ccomcast 12600 Westlinks Drive Fort Myers, Fl. 33913 Phone. 239 -432 -1805 April 20, 2015 Coleman, Yovanovich and Koester C/O Richard Yovanovich 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 Re: Alley located SW corner of Tract A Pine Ridge second extension (Collier County Naples Fl.) Dear Richard Yovanovich, This letter will serve to inform you. that Comcast has no objection to your proposed vacation of the easement referenced above. Should you require additional information or assistance, please feel free to contact me here at 432 -1805. Cordially, xt�—& Mark Cook Project Coordinator Packet Page -2288- April 22, 2015 Richard Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 RE: Trail Boulevard Dear Mr. Yovanovich, Staff has reviewed your request for a letter of "No Objection" for the above described project. The particular vacation is as described in your letter of April 16, 2015. 1 am advised the overlying access easement will remain. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. MJHJbg a el dberg, Esq. Chief - Legal Services Collier County Sheriffs Office Packet Page -2289- COLEMAN KOESTER North Naples Fire and Rescue Attn: Orly Stolts 1885 Veterans Park Drive Naples, Florida 34109 RE: Trail Boulevard Dear Utility User, 10/13/2015 17. B. COUNSiLOPS AND ATTORNEYS AT LAW Kevin G, Coleman I Richard D,Yovanovich I Edmond E, Koester Wililam M. Burke I Gregory L Urbandc I Matthew L Grabinski I Cralg D. Grider Matthew M.Jadison I Jeffreyl. Belhoff I Haroldl. Webre I Camllne M. Maglialo Charles A. B. Thomson I David Kerem I Michael D. Gentile 1 Of counsel: Kenneth R. Johnson April 16, 2015 Writer's Email: Uovanovichnamiklmyfirm. corn Please allow this correspondence to serve as a request for a Letter of No Objection from you as the utility user of the roadway easement located adjacent to the Road Right -of -Way Easement to be vacated. The alley is located from the Southwest corner of Tract "A ", PINE RIDGE SECOND EXTENSION, Collier County, Florida. For your reference, please find enclosed a copy of a map indicating the area to be vacated. The proposed vacation is being submitted to Collier County shortly. Accordingly, we are requesting that you return your Letter of No Objection as soon as possible. Pursuant to the requirements of the County's Petition for Vacation of a Easement, we are requesting that you sign below as written indication of No Objection to the Vacation of the Easement and return to us in a the postage pre -paid envelope provided, 1 think you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional information, please do not hesitate to call our office, Sincerely, Lo Richard Yovanovich Enclosures Packet Page -2290- April 16, 2015 2 10/13/2015 17.B. I have no objection to the proposed vacation of road right -of -way easement. Signed and dated this (,YD _day of 12015 By: i Printed Name: F, e CH ea (Please either Mail, Fax to 239 - 435 -1218 or e -mail to dquintanilla @cyklawfirm.com) i i I Packet Page -2291- 8050 Trail Blvd., LLC 8050 Trail Blvd. Naples, Florida 34108 RE: Trail Boulevard Dear Property Owner, i 10/13/2015 17.6. PL 2015 0 0 0 1 4 5 6 REV 2 COUNSELDRS AND ATTORNEYS AT LAW Kevin G, Coleman I Mchard D. Yovanovich I Edmond E, Koester William M. Bare IGre gory L. Urbane I Matthew L GrabinsW I Uaig D. Grider Matthew M.Jadmn l Jeffreyl Belhaff l Harold. Webre I Caroline M. Magliolo ChadesA. B.Thomson I David Kerem I Michael D. Gent de I Of counsel: Kenneth &Johnson July 14, 2015 Walter's Email: rvovarrovicl @cuidaiv irm.coin Please allow this correspondence to serve as a request for a Letter of No Objection fiom you as the utility user of the roadway easement located adjacent to the Road Right -of -Way Easement to be vacated. The alley is. For your reference, please find enclosed a copy of a map indicating the area to be vacated. The proposed vacation is being submitted to Collier County shortly. Accordingly, we are requesting that you return your Letter of No Objection as soon as possible. Pursuant to the requirements of the County's Petition for Vacation of a Easement, we are requesting that you sign below as written indication of No Objection to the Vacation of the Easement and return to us in a the postage pre -paid envelope provided. I think you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional informatioi-4 please do not hesitate to call our office. Sincerely, Richard Yovanovich Enclosures Packet Page -2292- 10/13/2015 17.B July 34, 2015 2 I have no objection to the proposed vacation of road right- of=ivay easement located at the Southwest corner of Tract "A ", PINE IUDGE SECOND EXTENSION, CoWer County, Florida , Signed and dated this `t day of 2015 By Printed Name, 111-13./!.Ve.k. 1 (Please either Mail, Pax to 239 -435 -1218 or e-mail to dgtiin(anilla @ayklawfirm.eom) • Packet Page -2293- This instrument prepared without opinion gftitle by and after recording return to: Richard D Yo,anovich, Esq. Coleman. Yovano�,ich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 ACCESS EASEMENT 10/13/2015 17.B. THIS ACCESS EASEMENT ( "Easement ") is made and executed this I" day of September, 2015, by Trail Boulevard, LLLP, a Florida limited liability limited partnership ( "Grantor "), in favor of 8050 Trail Blvd., LLC, a Florida limited liability company (collectively, "Grantee "). WHEREAS, Grantor is the owner of that certain real property situated in Collier County, Florida, more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Area "); and WHEREAS, 8050 Trail Blvd., LLC is the owner of that certain real property situated in Collier County, Florida, more particularly described in Exhibit "B "; and WHEREAS, Grantor wishes to grant Grantee a perpetual, non - exclusive easement over and across the Easement Area for the purposes hereinafter set forth. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby gives, grants, and conveys unto Grantee, and Grantee's successors and assigns a perpetual, non - exclusive access easement for both vehicular and pedestrian access over and across the Easement Area. This access easement includes a right of access for all invitees, guests, agents, licenses, employees of Grantee over all drive aisles and parking within the Easement Area. Grantor shall be responsible for maintaining the Easement Area. This Easement shall burden the Easement Area and shall be binding upon any and all subsequent owners thereof, and shall inure to the benefit of Grantee and Grantee's respective successors and assigns, and shall run with title to Grantee's Land. IN WITNESS WHEREOF, Grantor has executed this Easement as of the date first written above. WITNESSES AS TO GRANTOR: t j , Print Name: 10,o l r )e J Print Name:`- GRANTOR: TRAIL BOULEVARD, LLLP a Florida limited liability limited partnership By: Barron Collier Corporation a Florida corporation Its: General Partner By: Barron Collier Management, LLC a Florida limited liability company Its: Autho ' ed Agent BY Print Name: Brian Gow Title: Chief Onerating O i ACCESS EASEMENT PAGE 1 Packet Page -2294- 10/13/2015 17.B. STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this 11' day of September, 2015, by Brian Goauen, as Chief Operating Officer of Barron Collier Management, LLC, a Florida limited liability company, the Authorized Agent of Barron Collier Corporation, a Florida corporation, the General Partner of Trail Boulevard, LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who (X) is personally known to me or ( ) has produced as evidence of identification. (SEAL) < < ' . , NOTARY PUB C , E Print Name: Y r i A r My Commission Expires: ACCESS EASEMENT PAGE 2 Packet Page -2295- INSTR 5135231 OR 5163 PG 466 RECORDED 6112/2015 3:53 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC 327.00 This daeumem prepared by: William 1 ?.1'aul CenturyLink 4195 Kirrgc Highway Pon Charintte. rL 31980 CABLE EASEMENT 10/13/2015 17.B. This Cable Easement and the rights contained in it are granted by Trail Boulevard, LLLP, a Florida Limited Liability Partnership, ( "Grantor "), whose address is 2600 Golden Gate Parkway, Naples, FL 34105. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor, for itself, its successors and assigns, grants to Embarq Florida, Inc., d/b /a Centuryl-ink, its successors, assigns, lessees, licensees and agents ( "Grantee "), subject to the terms stated in this Cable Easement, a non - exclusive casement ( "Easement ") to install, construct, operate, maintain, expand, replace and remove a communication system that Grantee may from time to time require consisting of underground cables and related facilities or structures as are reasonably necessary for Grantee to exercise the rights granted to it in this Cable Easement, upon, over, through, under and along n parcel of land described on Exhibit "A ("Easement Tract "), said Easement Tract being attached to and incorporated by reference into this Cable Easement. The grant of Easement also gives to Grantee the following rights: (a) the right of reasonable ingress and egress over and across the Easement Tract, Property and any real property owned or controlled by Grantor that is adjacent to the Easement Tract or Property for the purpose of Grantee exercising the rights granted to it in this Cable Easement; (b) the right to clear and keep clear all trees, roots, brush and other obstructions from the surface and sub - surface of the Easement Tract that interfere with Grantee exercising the rights granted to it in this Cable Easement; (c) the right to permit the carry -in and attachment of the conduit, wires, cables or other such items of any other entity or person as may be required by late; and (d) at Grantee's expense, the right to bring to and place at the Easement Tract electrical or other utility service for - Grantee's use, and if required by the utility, Grantor will grant a separate easement to the utility for the purpose of the utility having access to and bringing service to the Easement Tract. Grantor will have the right to use and enjoy the Easement Tract so Iong as Grantor's use does not materially interfere with the rights granted to Grantee in this Cable Easement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract that interfere with the rights granted to Grantee in this Cable Easement. Grantor warrants that Grantor is the owner of the Easement Tract and Property and will defend title to the Easement Tract and Property against the claims of any and all persons, and that Grantor has full authority to grant this Cable Easement according to its terms Packet Page -2296- Amb OR 5163 PG 467 Signed by Grantor this 1 i day of �V _, 2015 Trail Boulevard, LLLP By: Barron Collier Management, LLC Witness 1 Its: Auth rizcd Agent / Printed Name: i V jUlc..l3y: L rIts: o- President Witness 2 Printed Name: UAMD b Gl F4� THE STATE OF FLORIDA COUNTY OF COLLIER BE IT REMEMBERED, that on this -L12 LI day of VIJE 2015, before me, a Notary Public in and for said County and State, came Blake Gable, who is the Co- President of Barron Collier Management, LLC, a Florida limited liability company, as Authorized Agent of Trail Boulevard, LLLP, a Florida limited liability limited partnership, and is personally known to me to be the same person who signed the herein instrument, and such person duly acknocvIedged the signing of the same as the net and deed of the partnership. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Official seal the day and year last above written, �I, uYWN.s$*N1U40M Notary Public L, '�e"�- '•'F°' DQ'fflES:J;dy1S,20i6 f 71rut+uarp;&ur r My appointment expires: Packet Page -2297- 10/13/2015 173. * ** OR 5163 PG 468 * ** c . 1 { 3� { RL I J r i 1 I u I tr, I °o� pti i h 1 44 1 W l c 1 4 h of M Cj , -7-1-� 4C04� 130ns z 0 z N W tl OZ W p CJ D a ❑W � Z� 6 ,.r w 9u zo Oleo tn � ZW G OG1p -,C n. p x V 0 <z yw e i{V{ p M� C LU 4 � 2U I YU0.h ka�U •i {�.� n c4 ;yl ohc° � o p� v QC °2i a,� WV °u� w 6 Cqp'' Zi a < c Inal Sign 2m� p° - I I =NO N 4H 1 (/ kLl Wlry I JAC' -Z W ° 4 W LI Cr Zl 1 o�gw�ga. Ail 1 y��� h 1�y�w'4 Rah (K�2L gVO�a ei� �W p7�N.!�hP~ ° Lk U ° �l OW.rl37f70£7 vrc�cc g4+ CU �}ty�� U ya CC�S�� rr6CzWpe w�.V+'.(7 jg �- b2YU Yiy�pp4 r"zzyyy�V o O� �§ 2 Owy�`'{ CCU zu LU b O "'W C5 OS1k+acR] �h �U N�yWN�U g' O r11 U� .. uY.. z w �C ty U�Ca� �b �y. ltiy� \ ✓✓ Gam, w iMhg - eh314- <7 app e F Sipp N uf CL Packet Page -2298- 10/13/2015 17.B. x w PERMIT TO PERFORM WORK AND /OR MAINTENAL 10/13/2015 17.B IN PUBLIC RIGHT -OF -WAY GROWTH MANAGEMENT DIVISION /ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES - FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN R.O.W. Section Phone # 239 - 252 -5767 Date Issued: May 21, 2015 SDP /AR/PSP Number: Right -of -way Permit Number: PRROW2015041340501 Building Permit Number: Project Name: TIDE/ LONGHORN STEAKHOUSE SIDE ROAD IMPROVEMENTS Project Address: UNNAMED ROAD BETWEEN 8010 TRAIL BLVD AND 8050 TRAIL BLVD (GOES FROM TRAIL BLVD TO PELICAN RIDGE BLVD) Subdivision: Folio No: Lot: Block: Unit: Tract: Section: Township: Range: Type of Construction: ROW Commercial Detail: TIDE/ LONGHORN STEAKHOUSE SIDE ROAD IMPROVEMENTS CONSTRUCTION IN RIGHT OF WAY: TO FIX WATER DRAINAGE ISSUES UNNAMED ROAD BETWEEN 8010 TRAIL BLVD AND 8050 TRAIL BLVD (GOES FROM TRAIL BLVD TO PELICAN RIDGE BLVD) The work herein described and permitted is to be commenced on or about 051Z(# 1S And completed no later than _L1 12o 1 3 Expiration date for work described: 11/20/2015 Property OwnerlApplicant: TRAIL BOULEVARD LLLP Contact Name: DOUGLAS BAIRD 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Telephone Number: (239) 262 -2600 Email: dbaird@barroncollier.com 1. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side, stipulations specified as part of this permit and in accordance with Collier County Ordinance # 09 -19 and the "Public Riaht- of -Wav Construction Standards Handbook," latest edition. Applicant declares that prior to filing this application he has ascertained the ration of all existing utilities, both aerial and underground. Any changes to any lity shall be the responsibility of the Permittee for all cost. If right -of -way permit is issued in conjunction with a building permit, the ht- of -wav nermit exoires upon completion of the building. STATUS: ISSUED ARH BY: Contractor: Telephone Number: the application is made by any person or firm other than the owner c property involved, a written consent from the property owner shall be fired prior to processing of the application. Transportation Services Division approval does not exempt the permittee )m gaining approval from any State, Federal or Local Agencies having risdiction over the proposed work. This permit is contingent upon Permittee obtaining necessary rights of try for construction and maintenance where required right -of -way for blic use has not been dedicated and accepted by Collier County, DATE: May 21, 2015 Please call 239- 252 -3726 to schedule required inspection(s) listed below. 830 - ROW 72 hr Notice To Proceed 800 - Right of Way Inspections Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. SEE REVERSE SIDE FOR CONDITIONS Packet Page -2299- 10/13/2015 17. B. CONDITIONS OF PERMIT This permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those public rights -of -way or easements, which are maintained by Collier County, but Ile within municipal boundaries. 3. When permitted facilities are placed within a public right -of -way or easement, the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right -of -way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of such facilities until they are removed, unless otherwise specified. 4. All materials and equipment, including Maintenance o`, Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Division 5. Requests for pre- inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00 - 9:00 A. M. and 3:30 - 6:3C P.M. 7. Prior to construction, the Contractor /Permittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or activity that may affect traffic on any County street, roadway or bNepathlsidewalk. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road Maintenance Department. The driveway fill and driveway culvert including soil erosion /sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion /sedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for all commercial projects, 8. During construction the Contractor /Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices' and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty -six inches (36 °), unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines (both vertically and horizontally), minimum seven foot separation to guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and /or formulas relevant to overhead lines clearances and /or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty -six inches (36 ") below the pavement and/or a minimum depth of twenty -four inches (24 ") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thirty -six (36 ") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30 ") cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of this permit. 13. Following completion of all permitted work, grassing and /or seeding shall be required for any disturbed rights -of -way. 14. All property disturbed by work authorized by this permit must be restored to better than, or equal to, its original condition, and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right -of -way or easement and when so notified by the County, any or all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right -of -way or easement, or reset or relocated thereon as required, to be installed by this Permit, and at the expense of the permittee, his successor, or assign. 16. When the permittee, or his successor, or assign is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right - of -way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible Party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the specific instance for a longer or shorter period. If the work has not been completed bytthe expiration date, there will be a renewal fee, set by Resolution, payable upon extending the expiration date for an additional ninety (90) days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239- 252 -8192 and the ROW Permit Section at 239 -252 -5767, three working days prior to construction. 20, Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, 2885 Horseshoe Drive South, Naples, FL 34104) or email (TrafficOrs(5),collieroov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights -of -way within Collier County and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in writing. All underground facilities must be located prior to construction. 21. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section, 2885 South Horseshoe Drive, Naples, FL 34104, or by phone, 239- 252 -5767, upon completion of authorized work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As -Built Electronic Drawings (APPENDIX B) in addition to signed and sealed copies of the as -built survey. Packet Page -2300- 10/13/2015 17.B. i 5T .,.� 4 1 J t t� :c.• ,� {�,�•ttf t �•t,teG ez t �} "62, 444 rue 398 DEDICATION � KNOW ALL. M- ,N By Tifur PRCSCNTS, THAT COLLIER DLVr.LOPASr.NT CORPORATION, the CUANTOR, being the owner of the loo simple tttlo to the lands herelnafter described, does hereby dedleat!t the following described lands to COLLICR COUNT'i for the use and benefit of the general public, for road rights -of -way, uttittles and drainAge, to the parpolual use of Collier Cnunly, to wit: From the Srn,Uewenl earner of Troet 'A' , PINC RiPGL SIX.ONI) IXtT RSltiit, n% rrcorilml to Pint ft-A 10. Pngv fit', et the I`ul,llr nerordn nt t :.Aller Uovnly, rlaitin, %in N u0. ve 24' W. ainng the Cnal line of Ttall nouleaard, la 1091.20 fret. to the I'uint of f Reglnningt theme continue N 00' SV 24' W, fix 3ff.nn feet: Iherir•r N O9' DW tfi' C, for 21'..:0 feet, In She pntnt of , u,vative. of n cure entxnvl• to the Northwest %rut having a f4di'ls of 2`,.00 lent; thence along the nn' nl ssld curve, !tx 19,27 Iret through o central tingle of 00* 00' Cn'. to the pntni ai tangeney Of 1111111 VUla9'; tht•nre S 00' S9' 24' C, for "'., 00 irett thence S (111' 0,1' W W, for 240.00 irrt, in the Point of fleglnning, In the evrnt lhr .e h! ^'r iteecrlged rWhi -ol -Way it .ibindnned tv viteAtrd, such Lvt.1s so drdls.tted ahafl avert to the Grantor. TO IIAW AND TO 1101.1.) lhr 11-ime unto Collier County for the purpnar� ativooiid I—Yet. Th,s dedirttlnn and the fecardatton of the same sh.tilt not place any duty, burden rt 11rnUtty upon Collier County, by format net of tht- governing body, to at orpt the proporly herein and hereby dedicated, nor obligate Collier C• -nty to improve the aforeseld property In .:1y manner, nor shall acceptance of this dedleatlon by formal act of Collier County obligate Collier County to improve the aforesaid property in any manner, IN WITNCS.e. WItCRCor the Paid Otantor has caused these pra'sf:nts to be executed in Its name, and Its corporate seal to ti (• hereunto �;4txtiQ,•vbp Its proper officers thereunto duly authorized, this 3rd, day of;'1tffl.) Signed, sealed anti COI.1,11: Dl.'Vrl.OPIICN COpJ ORAT1C1r4 w : delivered in the presence of; ie Norman A, iterrnn, Vlco Presfdnnl �r, is �•. (, ), Gortnlcvt, Secrolory 777.7 77! F-7r.," y. :1 Packet Page -2301- 10/13/2015 17.B . --•' -- • -o- - - -- 10/13/2015 17.B. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, October 13, 2015, in the Board of County Commissioner's 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 AND THE PUBLIC INTEREST IN THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY AND DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 444, PAGES 398 AND 399 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20150001456) °n 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. _Z M NOTE: All persons wishing to speak any agenda item must register with the County Manager prior h 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 Q an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or (D organization may be allotted 10 minutes L to speak on an item. U) 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 --s presentations before the Board will become a permanent part of the record. w Any person who decides to appeal any decision of the Board a 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 C. evidence upon which the appeal is based. If You areaperson with adisabilitywho needs any accommodation G 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 Division, 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 lennejohn Deputy Clerk (SEAL) September 23, 2015 No. 700568 Packet Page -2303-