Loading...
Agenda 12/08/2015 Item #16A 2n W EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL20150001828 to quitclaim and release the County's interest in the 7.5 -foot public utility easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To quitclaim and release the County's interest in the 7.5 -foot public utility easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Petition VAC- PL20150001828 has been received by the Development Review Division, of the Growth Management Department from Robert W. D'Angelo, Jr., as agent for the owner to request the County to quitclaim and release the 7.5 -foot public utility easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida. The purpose of this request is to give the owner more room on the property to build their house. Required setbacks will be maintained. This 7.5 foot easement is referenced in a Note on the plat cover sheet that states "Easements for use of public utilities reserved... over and across the rear 7.5 feet of those [lots] fronting on Vanderbilt Drive." This easement was not included in the dedication language of the plat; moreover, a "public utility" easement is typically meant for the benefit private utility companies, not the County or public at large. There is no public detriment as the utility easement has no facilities running through it and the County does not use the easement for any purpose. Staff has reviewed this petition and found no reason for any objection. Letters of no objection from abutting property owners have been received from all who responded and letters of no objection were also received from FP &L, Comcast and Century Link. There is one letter of objection from the adjacent owner to the east because they believe this will allow the owner to use the eastern 3 feet of their property. However, even if the County quitclaims its interest in the easement, the petitioner cannot build a structure beyond the 7.5 -foot side setback. The County does not acknowledge having any interest in the subject property(s), but the petitioner has requested a quitclaim deed from the County to clear possible clouds on the property's title. A quitclaim deed conveys whatever title or interest a grantor has in the described real estate. The instrument operates as a release of the grantor's title or interest in the property. A Packet Page -426- 12/8/2015 16.A.2. quitclaim deed contains no covenants of title or warranty, and it does not purport to convey any particular type of estate. The form's main use is to clear possible clouds on the property's title. FISCAL IMPACT: The Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no' growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. (SAS) RECOMMENDATION: To approve the attached quitclaim deed, relating to Petition VAC - PL20150001828, which will quitclaim and release the County's interest in the 7.5 -foot public utility easement running through the back yard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department Attachments: 1) Quitclaim Deed 2) Sketch of proposed area to be quitclaimed 3) Location -Site Map 4) Letters of No Objection 5) Letter of Objection from lot to East Packet Page -427- 12/8/2015 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve Petition VAC- PL20150001828 to quitclaim and release the County's interest in the 7.5 -foot public utility easement running through the backyard of lots 26 & 27, Block 74, Naples Park, Unit 6, as recorded in Plat Book 3, page 15 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East, Collier County, Florida. Meeting Date: 12/8/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Development Review 10/16/2015 1:53:02 PM Submitted by Title: County Surveyor, Development Review Name: BermanMarcus 10/16/2015 1:53:03 PM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review Date: 10/26/2015 12:09:53 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 10/26/2015 4:18:43 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 10/26/2015 4:19:12 PM Name: MCLeanMatthew Title: Project Manager, Principal, Development Review Packet Page -428- 12/8/2015 16.A.2. Date: 10/27/2015 2:41:12 PM 10-IN Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 11/17/2015 11:09:39 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 11/18/2015 11:29:54 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/18/2015 1:06:02 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/2015 3:20:12 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/19/2015 9:52:06 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/19/2015 11:30:42 AM Packet Page -429- 12/8/2015 16.A.2. Prepared by without opinion as to title and return to: Robert W. D'Augelo Jr. Construction Company & Wollman Gehrke & Solomon 3369 Woods Edge Circle Eric Solomon, Esq. Suite 104 2235 Venetian Court, Suite 5 Bonita Springs, Florida 34134 Naples, Florida 34109 239-498-6444 (239) 280 -3690 File Number: [Space Above This Lint For Recording Data] - Quit Claim Deed This Quit Claim Deed made this day of , 2015 . between Board of County Commissioners of Collier County, Florida, whose post office address is 3299 Tamiami Trail East, Naples, Florida 34112, Grantor, and WBLOT 35, Limited Liability Company, whose address is 2001 Butterfield Road #600, Downers Grove, Illinois 60515, Grantee: (Whenever used herein the terms "grantor" and " grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County, Florida to -wit: THE EASTERLY 7.5 FEET OF LOTS 26 & 27, BLOCK 74, NAPLES PARK UNIT No. 6 AS RECORDED IN PLAT BOOK 3, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Parcel Identification Number: 62841920109 Subject to (a) ad valorem real property taxes for the year 2015 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if any. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. 11 Packet Page -430 -d i 1 r I 1 1 I.� y W hN al¢ ® 2 I 1 '31 ti �Q 1 i 0 lr 0 Cn 0 Go 0 0 12/8/2015 16.A.2. SKETCH & DESCRIPTION OF PROPOSED EASEMENT VACATION 105th AVENUE N. _ -(60' RIGHT- DF- WA))--- - - - - -- N '89'52'30" E 172.55' (D) N 89'52'30" E 169.55' (P) LOT 27 BLOCK 74 7.5 FOOT PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATE L0726 - 3' OF LOT 28 N �II ~ f V) o o h , N (J. ` o Z� i r w 1} BLOCK 74 � cc 1 . I S 89'52'30' W 169.13' (P) f LOT 25 5.0' P.U'E, — , BLOCK 74 7.5' P.U.E. -i - - - -___ LZ IJN" 9EAM0 D'S[ANCE -- . - - - -. --• li � 5 Ol'i2'20" E 27:00' ' I T L2 I s 89'523"" w aoo' I r L 5.Q' P.U.E. i LOT 22' ' BLOCK 74 LEGAL DESCRIPTION OF PROPOSED VACATION, THE EASTERLY 7.5 FEET OF LOTS EG AND 27, BLOCK 74, NAPLES PARK UNIT No, 6 AS RECORDED IN PLAT BOOK 3, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, .. FLORIDA, ABBREVIATIONS: P,U,E, PUBLIC UTILITY EASEMENT (P) PLAT (D ) ' DEED DaVid B, Bruns, PLS DATE: FEBRUARY 22, 2015 Certificate Number 4520 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. & gam. f D9f M. nAwsw+, r .4& X Y 3241 xl. 51 da 34fOP (239) 261 - 5965 Packet Page -432- 2015 0 0 0 8 Z REV e ^W^' l2 00 O O Lo O 12/8/2015 16.A.2. 31VOS Ol ION mor- C D Y 'o C z R 72 z w WC�2 W bi° ZZ 10l w O 2?'-1 2?'-1 > N R. n > �W� Q - - - -- -- Q RZ�E„` a Z:, ° ona o 'CU mid =cam ScnC>L R UE < E5 LLJ 00 e;� D- N Y :I-- of a� < c0 N N N Q C F— NUw2 O O O 0 w cc ) J:D J J J V-i 0 mama_ O a J Z � HII! 1�18�110NVA 0 z 12/8/2015 16.A.2. 31VOS Ol ION mor- Packet Page -433- 3 Qi i7i V 0 eo N H � rn N Vl J C D Y � o M a � CL R 72 R Z W N 00 y N O o a N R. n > G >� a° > . D y.� ¢ --� RZ�E„` a Z:, ° ona o 'CU mid =cam ScnC>L R UE a R E oo N O.. ,GUL.L�GiN Q C 0 w cc 0 a � HII! 0 z C3) Hilill!IIIllliil si .1 ► _ U O CIO F4 ., Q v 0 m v C 0 c. R n err m ui �CD o on ���IIIIIIIIILI�1��, _•_. �_ 10� II!i NINE is j ►'` /N 1 L► _ __% . FD • • • MEXICO GULF • Packet Page -433- 3 Qi i7i V 0 eo N H � rn N Vl J C D Y � o M a � CL R 72 R Z W N 00 y N O o a N R. n > G >� a° > . D y.� ¢ --� RZ�E„` a Z:, ° ona o 'CU mid =cam ScnC>L R UE a R E oo N O.. ,GUL.L�GiN Q C 0 w cc 0 a � v 0 z C3) O si H c U O CIO F4 R Q v 0 m v C 0 c. R n m ui �CD o R � a� �o Ccomcast 12600 Westlinks Drive Fort Myers, Ft. 33513 Phone: 239 -432 -1805 March 4, 2015 Bruns & Bruns, Inc. David B. Bruns 1072 Sixth Avenue North Naples, Florida 34102 Re: 10462 Vanderbilt Drive Dear David B. Bruns, This letter will serve to inform you that Comcast has no objection to your proposed vacation of the address referenced above. Should you require additional information or assistance, please feel free to contact me here at 732 - 3805. Cordially, s r Mark Cook Project Coordinator Packet Page -434- a�Pp dd � CenturyLink CenturyL nk 3530 Kraft Rd. Unit 100 Naples, FL 34105 March 02, 2015 David B Bruns, PLS Bruns & Bruns, Inc 1072 e Avenue N Naples, Florida 3402 RE: No objection to vacate easement — Lot 26 & 27, Block 74, Naples Park Unit 6 Dear Mr. Bruns. In response to your letter dated February 25, 2015, regarding the vacation of the existing easement identified on submitted sketch named Exhibit A, and with address of 10462 Vanderbilt Dr, Naples, 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 -6222 or email Walter .A.Alvarezfc3CenturvLink.com Sincerely Yours Walter Alvarez Access Engineer II CenturyLink Packet Page -435- 12/8/2015 16.A.2. Florida Power & Ught Company, 499815"' Ave SW, Naples, FL 34116 .0 Phone- (239)947 -7372, Fax: (239)947 7346 FPL L ZO15 0 0018 8 REV I June 6, 2015 David B. Bruns Bruns & Bruns, Ine 1072 6°i Ave N Naples, PL, 34IO2 Dear David Bruns, This letter is in response to your request for the release of a platted utility easement. In meeting with your request, FPL has no objection to releasing -our rights in the platted utility easement known. as "Lot 26 &27, Block 74, Naples Park Unit 6 in Plat Book Plat Book 3, Page Page 15 of the Public records of Collier County. The release is restricted to the following descriptioir 'Vacate die 7.5 -ft Public Utility Easement on flie Easterly= side of plat desciption as shown on Exhibit "A attached. Should you have uay questions or concertos, please do not hesitate to contact Theodore Br uney at (239)947- 7372. an FPL Group company Packet Page -436- February 26, 2015 David B. Bruns Bruns & Bruns, Inc. 1072 e Avenue No. Naples, Florida 34102 RE6 Request for a,Letter of No Objection for.Bruns & Bruns, Inc. for easement vacation for property located at 10462 Vanderbilt Drive, Lot 26 & 27 Dear Mr. Bruns: Staff has reviewed your request for a letter of "No Objection" for the above described property. 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 Tong 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. VG11Gi R1 %1VL"1J%11 Collier County Sheriff's Office (239) 252 -0660 MJH:bah Packet Page -437- 12/8/2015 16.A.2. NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT BoARD of FnRE Commissm J. Christopher Lombardo, Chairman ■ Norman E. Feder, Vice Chairman a Richard Hoffman, Secretary - Treasurer James Burke, Commissioner ■ Ramon E. Chao, Commissioner ■ Christopher L. Crossan, Commissioner Margaret Hanson, Commissioner ■ John O. McGowan, Commissioner March 2, 2015 David B. Bruns, PLS Bruns & Bruns, Inc. 1072 6th Avenue N Naples, FL 34102 RE: Vacation of 7.5-ft Public Utility Easement Lot 26 and 27, Block 74, Naples Park Unit 6 10462 Vanderbilt Drive Dear Mr. Bruns: In'reference to your letter dated February 25, 2015, regarding the vacation of easement for the above referenced property, North Collier Fire Control and Rescue District (formerly North Naples Fire Control and Rescue District) has no objection. Please do not hesitate to contact me should you have any questions. Sincerely, 64-34 Orly C. Stotts Fire Chief 1885 Veterans Park Drive Napless, FL 34109 ■ (239) 597 -3222 ■ Fax (239) 597 -7082 ■ www.northeollierfire.com Packet Page -438- 12/8/2015 16.A.2. swim d J3fum .TIM (239) 261 -5965 p&wse 1072.61& [t w uce .lea. (239) 263 -2315 Pam Arap&6, 3$1112 ?iaruL?33241fa tiifcavru September 4, 2015 Charles & Debra C. vitale 104-412 Venderb tDrim Naples. Fl,. 34108 RF- Vacation of 7.5-ft Public Utility Easement Lot 26 &21, Block 74, Naples Park; Unit6 10462 Vanderbilt Drive Our client is proposing to vacate the 7.3 -ft Public Utility Easement on the Easterly side of Lot 2t & 27, Block 74: Naples Park Unij b as recorded in Plat Boot: 3, Page 15 of the Public Records of Collier County, Florida as .shown on the attached sketch. This request for vacation of easement is for the purpose of being able to utilize the Brest 3 ft of Lot 28, which lies to the East of Lpt 26 & 27, and is owned by pur client to be used as part of the required building setback. If you have no objection to this vacation, please furnish us with a Letter of No Objection. Thank you for your tie and if you have tiny questions, please give me a oall. sincerely, David B. Bruns, PLS NO 9&, e.V. # XJO 3241 spf ec4 # 4526 Ar Packet Page -439- . 1 F 12/8/2015 16.A.2. March 16, 2015 Bruns & Bruns, Inc. RE: Vacation of 7.5 -ft Public Utility Easement Lot 26 & 27, Block 74, Naples Park Unit 6 10472 Vanderbilt Drive This letter strongly OBJECTS to the vacation of the 7.5 -ft Public Utility Easement on the Easterly side of Lot 26 & 27, Naples Park Unit 6. This vacation is for the purpose of being able to utilize the West aft Of Lot 28.- 512/51410P Ave., Naples FL 34108 We OBJECT to this request. John C. Boyer & Bet�J� -Boyer 479 Palm CT. Naples, Fl 34108 Packet Page -440-