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Agenda 09/22/2015 Item #16A22 9/22/2015 16.A.22. EXECUTIVE SUMMARY Recommendation to adopt a Resolution to hold a public hearing to consider vacating 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. (VAC-PL20150001456) OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166, the Board of County Commissioners must authorize a public hearing to consider the vacation of the County and public interest in any public road right-of-way. CONSIDERATIONS: The Development Review Division has received a request from Richard D. Yovanovich, Esq., of Coleman Yovanovich & Koester, P.A., as agent for the property owner. This request is 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, and there are other public alleyways in the vicinity connecting the two roads. The County has not been maintaining the alleyway. The applicant has agreed to maintain and repair the alleyway (see right-of-way permit, attached). The vacation of this parcel will relieve the County of such obligations and potential liabilities. The property owner adjacent to the subject roadway has provided a letter of no objection. 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 hearing will be 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 will be given notice as well. The Development Review Division has reviewed this petition and found no reason for objection. FISCAL IMPACT: The application fee of $2,000.00 covers staff review and processing. The applicant is also responsible for advertising fees. Packet Page -1001- 9/22/2015 16.A.22. 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 endorse staff's recommendation to schedule a public hearing to consider vacating 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) 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 and 5) ROW Permit, 6) OR Book 444, pages 398-399 Packet Page -1002- 9/22/2015 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider vacating 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. (VAC- PL20150001456) Meeting Date: 9/22/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Growth Management Department 8/31/2015 3:34:24 PM Submitted by Title: County Surveyor, Growth Management Department Name: BermanMarcus 8/31/2015 3:34:25 PM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer. Senior. Growth Management Department Date: 9/3/2015 9:50:36 AM Name: McLeanMatthew Title:Project Manager. Principal, Growth Management Department Date: 9/3/2015 9:58:17 AM Name: FrenchJames Title: Deputy Department Head -GMD, Growth Management Department Date: 9/3/2015 4:48:32 PM Name: PuigJudy Title: Operations Analyst. Growth Management Department Packet Page -1003- 9/22/2015 16.A.22. Date: 9/3/2015 4:54:41 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/3/2015 4:55:29 PM Name: ScottTrinity Title: Manager-Planning, Growth Management Department Date: 9/8/2015 1:23:08 PM Name: KurtzGerald Title: Project Manager, Principal, Growth Management Department Date: 9/8/2015 4:34:04 PM Name: WilkisonDavid Title: Department Head-Growth Management Dept, Growth Management Department Date: 9/8/2015 5:18:44 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 9/11/2015 9:33:21 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/11/2015 10:19:24 AM Name: lsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/11/2015 2:38:27 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/13/2015 10:36:09 AM Packet Page -1004- 9/22/2015 16.A.22. RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND 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, Petitioner, Richard D. Yovanovich, Esq., of Coleman Yovanovich & Koester, P.A., has requested that a public hearing be held pursuant to Resolution No. 2013-166, to consider disclaiming, renouncing and vacating the County and 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, attached hereto; and WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing, and vacating the County's interest in the above right-of-way in accordance with Sections 336.09 and 336.10, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. 2013-166 in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming. renouncing and vacating the County's interest in the above described right- of-way will be held on the day of , 2015 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3'd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples. Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of . 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA By: By: Deputy Clerk Tim Nance. Chairman [14-EIS-02862/1133314/1]7 Packet Page -1005- ,' 9/22/2015 16.A.22. Approved as to form and legality: a, ckrt /,s Scott A. Stone Assistant County Attorney Attachments: 1) Location-Site Map, 2) Exhibit A [14-EIS-02862/1133314/1)7 Packet Page -1006- 9/22/2015 16.A.22. 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 00° 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 90° 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 -1007- 9/22/2015 16.A.22. 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' . i I illf ......,_- =0 \ 1111'lll lllll!IIIUl�L.I lilll� li1i�!l� � m m Q: ; a S Packet Page -1008- D . t it c. {a t3CtP t 9/22/2015 16.A.22. 0 Florida Power&Light Company,26430 Old US 41 Rd,Naples, FL 34135 239-947-7372 { FPL April 22th, 2015 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, ;I w Theodore Bruney Associate Engineer li A NEXTera ENERGY Company Packet Page -1009- 9/22/2015 16.A.22. 0�9D Century Link Century Link 3530 Kraft Rd. Unit 100 Naples, FL 34105 6/23/201.5 Dianna Quintanilla Legal Assistant to Richard D. Yovanovich,Esq. Coleman Yovanovich&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, regarding the vacation of the existing easement identified on submitted sketch named Exhibit A, and is located from the Southwest corner 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.francwav_,centurylink.corn Sincerely Yours Rob Francway Access Engineer I CenturyLink Packet Page -1010- 9/22/2015 16.A.22. bmcast 12600 Westlinks Drive Fort Myers, F . 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, Atzu._ Mark Cook Project Coordinator Packet Page -1011- Collier amount�� '1.eri 's Office 3 19 TOt�liami Trail Eas 9/22/2015 16.A.22. 7i9/744j?� ?SHE ,0°4 y1 ft1F0s SHERIFF KEVIN J. RAMBOSIC. ,,,vvrt�.cc�L 39.77,III.arc oil � ' ��s•s R �!/CE 0 F,pIFF kE, IN J�•8 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. I 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. Sincere' , 4/ d � g Michae . .w-fiber , Esq. Chief- Legal Services Collier County Sheriffs Office MJH:jbg Packet Page -1012- 9/22/2015 16.A.22. L E MAN COUNSEELORS AND ATTORNEYS AT LAW Kevin G.Coleman I Richard D,Yovanovich I Edmond E.Koester 'O`iar� , NC) �1( William M.Burke lGregory L.Urbandcl Matthew L.GrabtnsldICaigD.Grider V�4"Ar7 �I�sE'� 8 Mrs 13 D VO E ST E R Matthew M.Jackson 1 Jeffrey J.Beihoff I Haroldl.Webre I Caroline M.Magliolo Charles A.B.Thomson i David Kerem'Michael D.Gentile 10f counsel:Kenneth R.Johnson Writer's Email: rvovanovich(a,cvk1 mvf rm.com April 16,2015 North Naples Fire and Rescue Attn: Orly Stolts 1885 Veterans Park Drive Naples, Florida 34109 RE: Trail Boulevard Dear Utility User, 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. I 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, Richard Yovanovich Enclosures Packet Page -1013- 9/22/2015 16.A.22. April 16,2015 2 Il have no objection to the proposed vacation of road right-of-way easement. Signed and dated this c90 day of 4<02/ L. ,2015 By: (C45` --EV Printed ame: £ \..( -S+D t+S Fee_ CH ieF (Please either Mail,Fax to 239-435-1218 or e-mail to dquintanilla @cyklawfirm.com) Packet Page -1014- 9/22/2015 16.A.22. PL20150001& 56 REV a COUNSELORS AND k1Tl}PiiEYS AT UM COLEMAN 40- _ Kevin G.Coleman l fBchard D.Yovanovlch l Edmond E Koester ` ATE William evin G.e o Coleman y 1.Urbancic l Matthew ovIch l,Grabinski K Koester D.Grider E@� Matthew M.Jackson 1 Jeffreys.Beihoff I Harold J.Webre 1 Caroline M.Magliolo Charles A.B.Thomson I David Kerem l Michael D.Gentle I Of counsel;Kenneth R.Johnson -__ _ __ __��_ ____. __-•----_.____._��__ __ __ !filter's Grr:ail: — —– rvovannvich@.cvkla wfrr•m.corn July 14,2015 8050 Trail Blvd.,LLC 8050 Trail Blvd. Naples, Florida 34108 RE: Trail Boulevard Dear Property Owner, 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. 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 information,please do not hesitate to call our office. Sincerely, Richard Yovanovich Enclosures Packet Page -1015- 9/22/2015 16.A.22. July 14,2015 2 • fg I have no objection to the proposed vacation of road right-of-way easement located at the Southwest corner of Tract"A",PINE RIDGE SECOND EXTENSION, Collier County, Florida , Signed and dated this ( `'f day of c t..1 ,2015 Fay' Printed Name: 7_' is„ sc I,., (Please either Mail,Fax to 239-435-1218 or e-mail to dquintanilia @cyldawfirin,coin) 1 c Packet Page -1016- 9/22/2015 16.A.22. This instrument prepared without opinion of tide hr and after recording return to: Richard D Yovanovich,Esq. Coleman,Yovanovich&Koester.P.A. 4001 Tamtami Trail North,Suite 300 Naples.Florida 34103 ACCESS EASEMENT THIS ACCESS EASEMENT ("Easement") is made and executed this 1St 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: I GRANTOR: , t / TRAIL BOULEVARD,LLLP a Florida limited liability limited partnership f, Print Name: 144 By:Barron Collier Corporation ( _, a Florida corporation ( it--'-v---- t )'-k--'�-- .C1,-1/\-4 `'' Its: General Partner ,!-----. - Print Name: k—`-- – �-- N. ',..—.1,4.-',)' ` `--N By: Barron Collier Management,LLC a Florida limited liability company Its: Autho .led Agent By: ._„_ s��'' " � Print Name:Brian Goats Title:Chief Operating.Officer ACCESS EASEMEN i Packet Page -1017- 9/22/2015 16.A.22. STATE OF FLORIDA )ss. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this 15t 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) 1.1 it i „1` � , NOTARY PUB(IC Print Name: [ 1\;\ .L (V i,U My Commission Expire : 7 J ri/ f 7 LA ... p'7"i,, 5, OH `9 VO���acy 2p-1.o ., k: ••••• 20�. NEE 871B10 :Q? oee ACC EAS EM EN I Packet Page -1018- 9/22/2015 16.A.22. PL 2015000 14 5 6 REV INSTR 5135231 OR 5163 PG 466 RECORDED 6/12/2015 3:53 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $27.00 This document prepared try: William U_Paul CraturyLint 4195 Kings Wohvay Port Charinttc.FL 33980 CABLE EASEMENT This Cable Easement and the rights contained in it are granted by Trail Boulevard,11,12, 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 Century Link,its successors,assigns,lessees,licensees and agents ("Grantee"),subject to the terms stated in this Cable Easement,a non-exclusive easement ("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 a 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,brash and other obstructions front 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 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 long 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 -1019- 9/22/2015 16.A.22. OR 5163 PG 467 Signed by Grantor this 111/4 day of JUt ,2015 Trail Boulevard,LLLP - By:Barron Collier Management,LLC Witness I __ ,,_ ;_ _'/r j , - f .' Its:Auth/rized Agent 1 Printed Name: ,r U L / 1(ley: `' /,L_ / �� Its: o-LPresident Witness 2 L 7- Printed Name: DAVID 15 Gi b THE STATE OF FLORIDA ) COUNTY OF COLLIER ) } BE IT REMEMBERED,that on this /PA day of J USE ,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 acknow edged the signing of the same as the act 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, r: cat,ELvit At '" iO1' : '�- .60 .- c �i 1¢ Notary Public Z ', r ,, a.tetra me�ypa,tcy, ,t , My appointment expires: • Packet Page -1020- 9/22/2015 16.A.22. xx,a OR 5163 PG 468 *** umcrsvi_sz_ct\)3AHnssavie'uvb2 Earno0 Nowlye - SG\slot 13Atlns 403roHce,„k 1 nsvp �xs Q 9L q ' 1 g g 18 a _ U U qq ` N a O'l w p ^ (.9 Obq UW L11 4j t'Q . -J 4C°4a 24 •� w 4 � 7i 2 O tiles K Q 1= Ow IL U d � o '�v IZ: ° h to z tuJ _z m a k o '� u7 owe N 1- U z cc(w00}aO o C. 'n 6 u r o_ m J ii"w .rut- 0 4 J 'A'1 ,. g 413 g Eq4� y C0. ro� n , 04 S x t w k $ Ww �D4 N pa UWW °44+H y Se • p uC 1. �vl C✓,G.D ° ° , y kW D Dv ' g CVz - Rit R n , . .., ,, b D O lU �y .;C W Co b .Di%rh qo 1y W �.C2q > rixera �° Q '„•{• (� O v qN. p:Ck� 'Cqq� �`,j L., y °e'c, L ! •8•.+ 4 tv b H1 v,m X ',,pt z Kn n g k,,i qO! Z Qeg& N t yS C � i o N W O en q g y1L.f 4S L . -... y W Q Ott z Si,p P- O utihWn O u4 6` w4 w �ti.,p kL I -`..'acre'_... .:wi ti h �R _. n o WQp Oa'_.. raA'RAO . c a z. oS cac12 Ma abQ °0 ° Et= c; 2 4yyj�' abO ay pqph'--c .`.`46.-`'' C4.o OJ4 n^ \NN'---.` Q ks W S.L.,z‘...,..,et�� oI q' w z ow.4 70 o© W t g' B s§ zki -Ct_o y pp aa V S R,Pv Zf i3p try,,,, 2§pn84bgw$ CP" .0 W~$m V� '1.. q C ,t II nz J<�>wo °a nWO a �? -4,.,`- wg c t4 ppaa _ rN`�� !f1 uiirU� a n�° 4� tiij a ''°a C3 grog 2-'-' �by't5$ 2".' a ,� lE g w -i Wl. Il.l q O - ,;,;Uege-, 84 g U 2 -1 o � 1 a 0- <co� m82o°ulkij'J�' btaR o r W °u 4 }q1 • Packet Page -1021- PERMIT TO PERFORM WORK AND/OR MAINTEN* 9/22/2015 16.A.22. 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 Right-of-Way Permit Number: PRROW201 5041340501 SDP/AR/PSP Number: 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: Lot: Block: Unit: Tract: Folio No: Section: Township: Range: ****tit*******************************************M******************************************************************************************************************N************* 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 bSiti 116 And completed no later than 1112.0115 Expiration date for work described: 11/20/2015 ********************************************************************************************************************************** Property Owner/Applicant: Contractor: TRAIL BOULEVARD LLLP Contact Name: DOUGLAS BAIRD Telephone Number: 2600 GOLDEN GATE PKWY NAPLES, FL 34105 Telephone Number: (239)262-2600 Email: dbaird @barroncoliier.com 1,Work shall be performed in accordance with approved plan, Conditions of 4. If the application is made by any person or firm other than the owner of Permit appearing on reverse side,stipulations specified as part of this permit and the property involved,a written consent from the property owner shall be in accordance with Collier County Ordinance#09-19 and the"Public required prior to processing of the application. Right-of-Way Construction Standards Handbook,"latest edition. 5.Transportation Services Division approval does not exempt the permittee 2.Applicant declares that prior to filing this application he has ascertained the from gaining approval from any State, Federal or Local Agencies having location of all existing utilities, both aerial and underground. Any changes to any jurisdiction over the proposed work. utility shall be the responsibility of the Permittee for all cost. 6.This permit is contingent upon Permittee obtaining necessary rights of 3. If right-of-way permit is issued in conjunction with a building permit,the entry for construction and maintenance where required right-of-way for right-of-way permit expires upor completion of the building, public use has not been dedicated and accented by Collier County. STATUS: ISSUED ARH BY: =ji„„lh_ 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 -1022- 9/22/2015 16.A.22. 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 lie 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 of 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 3:30-5:30 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 bikepath/sidewalk. 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. 6. During construction the ContractorlPermittee 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,hey shall become a part of this permit. 13. Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed riehts-offf-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. °?. 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 fora longer or shorter period. If the work has not been completed hype 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 recording 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 hat will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 anc the ROW Permit Section at 239-252-5757,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, 2685 Horseshoe Drive South, Naples, FL 34104)or email (TrafficOps(cficollieroov.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 witnir 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 protects. 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 cf 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 Stancard for Design and As-Built Electronic Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. Packet Page -1023- 9/22/2015 16.A.22. s 1 4tAL I,e j r 11.. / 1 i ,,,!(1 111 ..,.."..,tril ri A. ♦ ,o,),,-,-4.-„.,,,,::,,,,%„,:,,..„:;,.„...-,,,,,„, -- �.. li,+•..o.+ , , t r i 111 1 1r + 7 r7'! fI: t ly ly , �'f+P t r t 1 f t. h ,.r 7 ,r rib., . .. _t t l•CCt .a. fd ,fa` I + S le 5r r '♦ .. ,... .. r 'vt." - - f s t I. rat k ?` 5n� ,. ...,,•,,,,,,,..:„..,,,..,;!-,,•,;1'� 1 t j ire rl /•1 1!,: s-{ t + S ! e t 1 ,', 1+ i.'•I.4 r 'k •e.! 71J Y,A I ., I i. t it , t,, Il t{: ! ,i r 444 398 t r ,P .I z _ {; 1 4 •} i rr t') I DEDICATION ZIJ i s� t KNOW Af.l. M.N BY T}iT.St PRESENTS, THAT COLLIER DLVELOPIIF.NT � t s !'iYr...., f t 3 Ir, .. 1 t } r "r CORPORATION, the C1ti.NTOR, Icing the owner of the tee simple title to the lands hereinafter desrrtond, dors hereby dedleatc the following described el,. �•� r i.k',5J 1 I t ��i ,-,•=7:',;,',. lands to COLLIER COUNT'S for the use and tencitt of the general public, for �} Pti S.r �i ,,, road rights-of-way, utilities and drainage, to the perpetual use of Collier ' t''. • • +,,.i t 1 , County, to wit: ,f I 1 l I t d` t , a from the Soull,wrnt rrxnrr n!Tenet "A", PINE R i't. r 1'I I j -.M u1:C-Otfl LX I'l:Slr')N, as rrcnrdntt itt Ptnt ttrent; 1 t t_. s I It•,o NOV AI., nt th,• NW/A. Rrr eerie n. .)r,fifrr t:rt=v,ly, 1 .f.' i, l Ir rto,Id.,, run N on` '.4' 74' '•t', AInn G the Cast Itnr t fµ, ' I r 1 ,r of Tfail ttoulevard, for ID 41,70 feel, to the loon' n( + ,' +1 rr ) ,,,,,,.:,,t ts t •,•,;`,j%;%.,',., Fef tk il,�•,/ Reglnntn9; thence CuntlnPr N UG` S9' 24" W, Itx '-',...."y-%':-.".;:%4•.!i ,� It Ir rt r::, ./' ]U,On feet: Ihrm'n N R9` 6r' 3G• r, for 21",.'I) Inn!, %.::•,':.l,,,:.,,,,,.‘,',`,,,..-%,...',•%:.%r � R f,.+f. ?,JK, to the point of ran•:attire n( a Cur Ye rancnv,• In Ihr, NIXl hwrnt 'Ind having n end lue of 7\,fu fret; thr•nCr ") I f r r + , �'trt 73• ii 1 'r ,. nlnnq th,• 4 I r of said cun•e, try 111,77 lerl through a + 'r", contra! angle of )0• On C,', to the point of tango my �,fr u' e' .: I, 01 nn Al ['tete,: Ihrv:r-r• S fgt. •,9. 2.1" L. (M '+ •l)0 fret: .t £- rt ■+.'r, .__ Ir r;r 'y '; thence r, cur' nn' 1(' W, for 2.10,00 lent, In the Point !'''S,'.':%.,%.0;;-,,,',...:•; )Iy of Rf•V1MInq, t ,' f 1 , I f r • St7 1 •ir Ii t r } r '.t••,. In the event [Ile .al,ero• ;leretigrd right-of%way t• al>tnfloned Cr vacated, '..;,4`-'-%'%'...,l:' such 1411,11, e t di i1I ted shalt revert to the Ctantrx. + �1 �; t _mot r I J.. t (. It \ t}.. J I I .a fi F , .~ + 1' :' r `u' TO IIAVC ANY) 10 11Cit.D the s.tmr unto Coillet County for the. * , •. rIR r �. ''''„i'-'1,: f 1 ti ,I 4,I �. put pnnre atry nn tld forr.,r,,, s '''-!.1.-•'''? �i Ir fj *1:,,r1,, t _.+. I l,.,JJ e 7 ejr{e a ! t s f't {t+ , Ift I r . Th,s <ledIvitinn and the Iecordaltcm of the same shall not PI ice "t,''l, Iv 1; i a 1 Il,� e tt ! k4 t1 S rtn)• ut ty, bu;dtv-� rat i1thillty upon Collin County, try formal net of the 1 . , 1 »c 'i".‘;:.,,%:,‘,,,,t ,r*' ' ' r s r ;i f :,y;t t •i r +. + ll ;• ir'. .r: governing body, to :;:rrpl the property herein and hereby dndtt'ated, not • L • ,1 t _ .I %,'''. s :;∎ { T rr + ° obligate Collier C my to Improve the aforesaid property in ,.ay manner, �I v ?+,; y 1^a y _ 1 ,1,; ` t ` or shell acceptance of this dedication by tormel ect of Collier County J i,r s 4 ' r'1 i !,!,'...1:‘,'' '!....f...,',:',:1,,,:';.-"..'77-- l err' ;.'« f . ''•' ,' obligate Cotlrer County to improve the aforesaid property to an manner, , I, 1 ”•,, t' ti`i- =y f t IN WITNESS\4'irFR1Ior the .,Id Grantor has caused Inese presents �-^ , r + + } t - to be executed in Its barer, and Its corporate seal to ht. hereunto ;Strncc;•n¢- ix-k ,t,ti +.'I I i' its proper officers thereunto duly authorized, this 3rd, day of/it r,rJ?c?• ';r 1 ir' l� \I ' t `-�•� I Burned, soalnd And COI,i,it.r Dt:vt:LOPt,,;r - CORhOfj tO , r St, �JI t a rt*• tletiveted In the tuenenre art //// // / it dl R• t ii, T_ , Norman k, liirr>- , Vince t'resldroi t t)r s tr. :!' . i + i, J. Gnnulc,ir., S,c otary • +I t , � t a%".%‘;,•1":::•.r '1 , • YJ.nr� iu ,:+,t s' '1 - , ti r !11 ! �., t S�. 5'r: r U TI f T.:,' r j+c s i 4 :� Ii !s ,I t - �yet „ ;' , \ _ j« �r it 14 1 i ril y'. r l ,s t rt 4• �• 7 • d` � r S Y t'1.!.,,. r” 1 5 ,mo t • r/1i i •,",..,1•;..:/',':',J s, r r• ' .1 J t r IRj, 't 6 + n I i i I i sr I r• ,.1 5 " ♦ .r ,..r r in tr Si y �` ! ! 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Gormfranr well known s to me to he the Vicr President arul Secretory, renprctivcly of the eotporoUon i , 1 { C •Hemet! as grantor In thr foregoing Dcdtcatlon, and that they aevrrally 1 +, r 1. , I t y ,,." '' 11 aeknowiedoed ext'cutfnq the nnmr In for prnnence of two xuhncrlbing + r 1 T` wtl nrrsartt frrrly ant! vnlunl artly antler aulhrxltY duly I .it'd In them hY r 't' ∎' + 4. ,, ' '' [rnhl entnorntlgn and shit th, 4.en1 affixed !hereto 1,1 the trun cal Urntr araV ' 1 + a '.!!'-'4,);'•;::;;;.v.::-%;',-).,-... of RA Id ontprxaltnn• p p n n t ' l A bt t,.!• �1: y+'11 Nf.55 my hn❑+i .1nd ofllrinI Arnl In the C;nun:y and Stair lent , a � ainrotaId lhln ltd day ni Atxll, A,T). 1572. "rI , A , rw :r. .' jr� `.r•7 r 't , ��t t`Crr 11 t n e t r'• i`t l. t .. won neat,uur er nmrot+t tau j t 'i. 4 4 t t _ -,),::,`,;.1,;:i-� MM. a •w. 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