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Agenda 01/14/2014 Item # 16A 2 1/14/2014 16.A.2. EXECUTIVE SUMMARY Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 30-foot road right-of-way, utility and drainage easement, recorded in Official Record Book 565, page 29 and also a part of Tract "OS-1" of Saturnia Falls-Phase One, Plat Book 51, pages 1-26 of the Public Records of Collier County, Florida, also being a part of Section 16, Township 48 South, Range 26 East, Collier County,Florida. (Petition VAC-PL20130001629) 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 a portion of any type of public road right-of-way. CONSIDERATIONS: The Engineering Services Department has received a request from Bill Fenno, of GLH Engineering, LLC, as agent for the property owner. This request is to vacate a portion of the 30-foot road right-of-way, utility and drainage easement, as recorded in Official Record Book 565, page 29 and also a part of Tract "OS-1" of Saturnia Falls-Phase One, Plat Book 51, pages 1-26 of the Public Records of Collier County, Florida, also being a part of Section 16, Township 48 South, Range 26 East, Collier County, Florida. By vacating the 30-foot road right-of-way,utility and drainage easement, the preserves located in the Parklands Collier property to the north and the Riverstone (fka Saturnia Falls) property will be physically connected. This will enable the flow of water from the north to south which is consistent with the water management district permits. If the 30-foot road right-of-way, utility and drainage easement was not vacated, a wall potentially could be installed thus obstructing the flow of surface water. This vacation was requested and supported by the Conservancy of SW Florida. The Engineering dep .'talent has reviewed this petition and found no reason for objection. 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. FISCAL IMPACT: The application fee of $2,100.00 covers staff review and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for board approval. ERP RECOMMENDATION: That the Board of County Commissioners endorse staff s recommendation to schedule a public hearing to consider vacating a portion of the 30-foot road right-of-way, utility and drainage easement, as recorded in Official Record Book 565, page 29 Packet Page-412- 1/14/2014 16.A.2. and also a part of Tract "OS-1" of Saturnia Falls-Phase One, Plat Book 51, pages 1-26 of the Public Records of Collier County, Florida, also being a part of Section 16, Township 48 South, Range 26 East, Collier County, Florida. (Petition VAC-PL20130001629) Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services Department, Growth Management Division, Planning and Regulation. Attachments: 1) Resolution Packet Page-413- 1/14/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 30-foot road right-of-way, utility and drainage easement, recorded in Official Record Book 565, page 29 and also a part of Tract "OS-1" of Saturnia Falls- Phase One, Plat Book 51, pages 1-26 of the Public Records of Collier County, Florida, also being a part of Section 16,Township 48 South, Range 26 East, Collier County, Florida. (Petition VAC- PL20130001629) Meeting Date: 1/14/2014 Prepared By Name: BermanMarcus Title: County Land Surveyor 11/20/2013 10:37:00 AM Submitted by Title: County Land Surveyor Name: BermanMarcus 11/20/2013 10:37:01 AM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 11/20/2013 2:55:38 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm Date: 11/22/2013 7:51:08 AM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 11/26/2013 11:31:14 AM Packet Page -414- 1/14/2014 16.A.2. Name: BradfordAlison Title: Project Manager,Transportation Planning Date: 12/23/2013 8:08:04 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 12/26/2013 1:52:38 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 12/30/2013 8:42:32 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 12/30/2013 5:34:54 PM Name: KlatzkowJeff Title: County Attorney Date: 1/6/2014 8:56:40 AM Name: OchsLeo Title: County Manager Date: 1/6/2014 10:37:06 AM Packet Page-415- 1/14/2014 16.A.2. RESOLUTION NO.2014 - 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 VACATING A PORTION OF THE 30-FOOT ROAD RIGHT-OF-WAY, UTILITY AND DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 565, PAGE 29 AND ALSO A PART OF TRACT "OS-1" OF SATURNIA FALLS- PHASE ONE, PLAT BOOK ,51, PAGES 1 -26 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20130001629) WHEREAS, Petitioner, Bill Fenno of GLH Engineering, LLC., 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 a portion of the 30-foot road right-of- way, utility and drainage easement, recorded in Official Record Book 565, page 29 and also a part of Tract "OS-1" of Saturnia Falls-Phase One, Plat Book 51, pages 1 -26 of the Public Records of Collier County, Florida, also being a part of Section 16, Township 48 South, Range 26 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. NOW, THEREFORE, BE IT RESOLVED BY 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 this the 25th day of February, 2014, at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3rd 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 14th day of January, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Georgia A. Hiller,Esq., Chairwoman 1 Packet Page-416- 1/14/2014 16.A.2. Ap.roved as to form and legality: roily R. Pe °Q2P(? 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