Agenda 04/22/2014 Item #17A 4/22/2014 17.A.
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-PL20130002593 to vacate a portion of the 25-foot drainage easement being a part of
Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of
Collier County,Florida,also being a part of Section 35, Township 49 South,Range 25 East, Collier
County,Florida,being more specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate a portion of the 25-foot drainage easement
being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the
public records of Collier County, Florida, also being a part of Section 35, Township 49 South,
Range 25 East, Collier County,Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20130002593 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from John and Angelika
Dean, property owners, to vacate a portion of the 25-foot drainage easement being a part of Lot
2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of
Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East,
Collier County,Florida.
A pool was approved for the property by Collier County on August 16, 2002 (see attached letter)
and a permit was issued soon thereafter. A portion of the pool encroaches into the 25-foot
drainage easement. The current owners found that the drainage easement was never vacated and
are now completing the vacation process. In addition, the owners agree to certain maintenance
and financial responsibilities,attached hereto.
The Engineering Department has reviewed this petition and found no reason for objection.
Letters of no objection from abutting property owners have been received from all who
responded and a letter of no objection was received from the Nature Pointe Homeowner's
Association.
FISCAL IMPACT: Growth Management Division, Planning and Regulation 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.
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-PL20130002593, which will vacate the County, Nature
Pointe Homeowner's Association, and the public interest in a portion of the 25-foot drainage
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easement being a part of Lot 2,Nature Pointe, as recorded in Plat Book 20, pages 20 through 22,
of the public records of Collier County, Florida, also being a part of Section 35, Township 49
South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, and
2)Directs the Clerk to the Board to record a certified copy of the Resolution in the public records
and to make proper notation of this Resolution on the plat of Nature Pointe, as recorded in Plat
Book 20,pages 20 through 22 of the public records of Collier County,Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division,Planning and Regulation
Attachments: 1) Resolution, 2) Exhibit A, 3) Location-Site Map, 4) Easement Vacation
Agreement, 5)No objection letter from Collier County,Aug 2002
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
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-PL20130002593 to vacate a portion of the 25-foot
drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20
through 22, of the public records of Collier County, Florida, also being a part of Section 35,
Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in
Exhibit A.
Meeting Date: 4/22/2014
Prepared By
Name: BermanMarcus
Title: County Surveyor,Engineering&Environmental Services
3/12/2014 9:51:47 AM
Submitted by
Title: County Surveyor,Engineering&Environmental Services
Name: BermanMarcus
3/12/2014 9:51:48 AM
Approved By
Name: KurtzGerald
Title: Project Manager,Principal,Transportation Road Maintenance
Date: 3/14/2014 2:22:37 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environmental Services
Date: 3/18/2014 9:12:29 AM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 3/19/2014 4:41:28 PM
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4/22/2014 17.A.
r-�
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 3/19/2014 4:47:35 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 3/31/2014 3:31:53 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/1/2014 10:22:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1/2014 10:40:29 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/8/2014 5:12:43 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/10/2014 3:33:40 PM
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4/22/2014 17.A.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO VACATE A PORTION OF THE 25-
FOOT DRAINAGE EASEMENT BEING A PART OF LOT 2, NATURE
POINTE, AS RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO
BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130002593)
WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, and Resolution
2013-166. Petitioners, John and Angelika Dean, have requested to vacate a portion of the 25-foot
drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20
through 22, of the public records of Collier County, Florida. also being a part of Section 35,
Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in
Exhibit A, attached hereto; and
WHEREAS, the Board of County Commissioners on this day, held a public hearing to
consider petitioner's request and notice of said public hearing was given as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County, Nature Pointe
Homeowner's Association, and the public's interest in a portion of the 25-foot drainage easement
being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the
public records of Collier County, Florida. also being a part of Section 35, Township 49 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, and to make proper notation of this Resolution on the plat of Nature Pointe, as recorded
in Plat Book 20, pages 20 through 22 of the public records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same,this the 22nd day of April. 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK COLLIER COUNTY. FLORIDA
By:
Deputy Clerk TOM HENNING, Chairman
1973 Gordon River Lane.Nature Pointe I of 2
VAC-PL20130002593—Rev.3/1 1/14
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Approved as to form and legality:
By:
3iRt(M
Scott A. Stone
Assistant County Attorney
Attachments: I) Exhibit A
2) Location-Site Map
CP/13-EIS-02588\29
1973 Gordon River Lane.Nature Pointe 2 of 2
VAC-PL20130002593—Rev.3/11/14
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"EXHIBIT A"
LEGAL DESCRIPTION
OF
PARTIAL VACATION OF A 25' WIDE DRAINAGE EASEMENT
A STRIP OF LAND LYING IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER
COUNTY.FLORIDA,BEING A PORTION OF A 25 FOOT DRAINAGE EASEMENT LYING OVER
LOT 2 OF NATURE POINTE,AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER
COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 2 OF NATURE POINTE,
AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY,(P.O.C.)THENCE;
RUN ALONG THE WEST PROPERTY LINE OF SAID LOT 2.
SOUTH 09 441'22"WEST,A DISTANCE OF 10.14 FEET TO THE POINT OF BEGINNING(P.O.B.)
THENCE CONTINUING ALONG SAID WEST PROPERTY LINE:
SOUTH 0141'22"WEST A DISTANCE OF 15.21 FEET TO A POINT THENCE:
SOUTH 89'55'25"EAST,A DISTANCE OF 93.57 FEET TO A POINT LYING ON THE EAST
PROPERTY LINE OF SAID LOT 2 THENCE;
CONTINUING ALONG SAID EAST PROPERTY LINE:
NORTH 26°00'09"EAST A DISTANCE OF 16.68 FEET TO A POINT THENCE;
NORTH 89°55'25"WEST,A DISTANCE OF 98.32 FEET TO THE POINT OF BEGINNING.
CONTAINING A COMPUTED AREA OF 1,439 SQUARE FEET OF LAND MORE OR LESS
(0.033 ACRES MORE OR LESS).
.0•■
THIS PROPERTY IS SUBJECT TO EASEMENTS,RESERVATIONS OR RESTRICTIONS OF
RECORD.
THIS LEGAL DESCRIPTION AND SKETCH ARE VALID ONLY IF IT BEARS THE ORIGINAL
RAISED SEAL AND SIGNATURE OF THE LICENSED SURVEYOR_
Court H.Gregory LS#6004
Professional Surveyor and Mapper
761 Teton Court
Naples,FL 34104
Signer —
Date 69/702/(71
Seal
(SEE ATTACHED SKETCH EXHIBIT"A")
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Easement Vacation Agreement
This Easement Vacation Agreement is entered into this day of ,2014, by JOHN R. DEAN
and ANGELIKA S. DEAN, husband and wife (hereinafter "Dean") and COLLIER COUNTY, a Political
Subdivision of the State of Florida, its successors and assigns, (hereinafter"Collier County"):
WHEREAS, Dean is the owner of the following described real property located in Collier County,
Florida:
Lot 2, Nature Pointe, according to the plat thereof as recorded in Plat Book 20,
Pages 20 through 22, Public Records of Collier County, Florida (hereinafter
"Property").
WHEREAS the Property is subject to a Drainage Easement located on the North 25 feet of the
Property(hereafter"Drainage Easement"); and
WHEREAS, a portion of the improvement located on the Property (hereinafter "Encroaching
Improvement") encroaches into the Drainage Easement as shown on the survey attached hereto
and incorporated herein as Exhibit A; and
WHEREAS, Dean has requested to a vacation of that portion of the Drainage Easement shown as
the Encroaching Improvement; and
I �
WHEREAS in consideration for the vacation of the Drainage Easement, Dean has agreed to
certain maintenance and financial responsibilities.
NOW, THEREFORE, in consideration of the covenants expressed herein, the parties agree as
follows:
1. That portion of the Drainage Easement described in Exhibit "A" attached hereto will be
vacated, in accordance with Resolution 2013-166, subject to the Board of County
Commissioners approval.
2. Dean acknowledges that the Encroaching Improvement is immediately adjacent to the
functioning Drainage Easement that incorporates a part of the Primary Drainage System,
namely a portion of the Golden Gate Main Canal, and that the Encroaching
Improvement may impede land based maintenance of the canal in the future.
3. Dean agrees that any County agency, any parties in the employ of the County, or in
coordination with the County, shall not accept responsibility for any damage to the
Encroaching Improvement resulting from the use of the remaining easement for the
intended purpose(s) stated on the original plat, and in accordance with the Land
Development Code.
1 of 2
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4/22/2014 17.A.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and
year first written above.
Witness Signature JOI (✓✓ R. DEAN
f/UP f ,r e"inavl
Witness Printed Name
Wit)less Signature ANGELIKA S. DEAN
?aster -cscs�LCy�isc�
Witness Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me on e ( day of, ft: c.1*M 2014 by
JOHN R.DEAN and ANGELIKA S. DEAN, husband and wife who are (t► personally know to me or( ) have
provided Drivers Licenses as identification.
`- �'•▪ 26'0" sc No ary Public
: , `, -• = My Commission Expires:
5 < 0•
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ST• ATE
• UfllI1144t�'�'
Approved as to form and legality
c ,,• 1 ice°"
Assistant County Attorney
2of2
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1.411 COLLIER COUNTY GOVERNMENT
$TOIINJ WTE NAOEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212
2685 SOUTH HORSESHOE DRIVE
Mr.Tony Frisa NAPLES, FL 34104
1973 Gordon River Lane (941) 732-2501
5672 Strand Ct. , Suite#2
FAX: (941)'659-5790
Naples,Florida 34104
Subject: Frisa Residence
Lot 2,Nature Pointe '
Letter of No-Objection
Dear Mr. Frisa:
The Stormwater Management Section has reviewed your information showing a proposed
pool, deck, and spa within a 25' Drainage Easement.
Collier County has had discussions with South Florida Water Management District to learn
that they would also consent to the vacation of the southerly 15 feet of the 25' Drainage
Easement.
This letter will consent to you building the pool, deck and spa within the said 15 feet of the
25' Drainage Easement,as shown on the plans prepared by Anthony Sylvan. Shoed you
choose to complete a formal easement vacation procedure, this letter will also advise you that
we will consent to such a vacation.
The above consent of the immediate construction of the pool, spa, and deck shall be perpetual
and remain in full force forever as well as the consent to agree to the vacation of the
easement.
We advise that you obtain permission from the Nature Pointe Home Owners Association for
the proposed improvements
If you have any further questions, do not hesitate to contact this office at 732-25th.
Sincere yours
Ju y . Adarmes Minor,P.E.
Engineer, Senior
JCAM/jcam
C:Robert C.Wiley,P.E..Principal Project Manager,Stormwater Management Section
Reading File
F:\R.O.W.\Tony Frisa ,••••■
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•
NAPLES DAILY NEWS t Friday, April 4,2014t .21D
•
•
NOTICE OF MEETING NOTICE OF MEETING
• NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Commissioners Meeting Meetingthat
Room,Tuesday,d• lo April Collier01Government. Center,County 29
•
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.2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,TO VACATE A PORTION OF THE 25-FOOT DRAINAGE EASEMENT
BEING A PART OF LOT 2,NATURE POINTE,AS RECORDED IN PLAT BOOK 20,PAGES
20 THROUGH 22, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,ALSO
BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER
COUNTY,FLORIDA.(PETITION VAC-PL20130002593)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a'spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing 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 presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board 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 evidence upon which the appeal is based.
if you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail 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
TOM HENNING,CHAIRMAN •
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn •
Deputy Clerk(SEAL)
April 4&9.2014 No.2022380
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4/22/2014 17.A.
•
•
. , .. ,
28D Wednesday,April 9,2014 * NAPLES DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING •
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, April 22, 2014, in the Board of County
Commissioners 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.2014-
•
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY.FLORIDA,TO VACATE A PORTION OF THE 25-FOOL DRAINAGE EASEMENT
BEING A PART OF LOT 2,NATURE POINTE,AS RECORDED IN PLAT BOOK 20,PAGES
20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO
BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY,FLORIDA.(PETITION VAC-P1.20130002593)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any.
individual to speak on behalf of an organization or group is encouraged. ,'_:If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing 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 presentations before the Board.:
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board 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 evidence upon.which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335-Tamiami Trail 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
TOM HENNING,CHAIRMAN .
L
DWIGHT E.BROCK,CLERK
By: AnnJennejohn
•
Deputy Clerk(SEAL)
Argil 4&9 7014 No 2027380
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