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Agenda 05/27/2014 Item #17A 5/27/2014 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-PL20140000648 to disclaim, renounce and vacate the County and the public interest in the 5-foot wide utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida located in Section 22, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 5-foot utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida, located in Section 22, Township 49 South, Range 25 East, Collier County, Florida,being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20140000648 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Dominick J. Amico, Jr.. P.E., as agent for the property owner, to vacate the 5-foot utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida, located in Section 22, Township 49 South, Range 25 East, Collier County, Florida. The owner intends to construct an office building in the area of the utility easement. This vacation is in the public interest and for the public benefit. 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 letters of no objection were also received from FP&L, Comcast and CenturyLink. 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 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-PL20140000648, which will vacate the County and the public interest in the 5-foot utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat#2 as recorded in Plat Book 4, page 30 of the Packet Page -1943- 5/27/2014 17.A. public records of Collier County, Florida, located in Section 22, 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 Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 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) Site Plan CP\14-EIS-02682\5 Packet Page -1944- 5/27/2014 17.A. 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-PL20140000648 to disclaim, renounce and vacate the County and the public interest in the 5-foot wide utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat#2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida located in Section 22, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. Meeting Date: 5/27/2014 Prepared By Name: BermanMarcus Title: County Surveyor, Engineering&Environmental Services 4/29/2014 9:49:17 AM Submitted by Title: County Surveyor, Engineering&Environmental Services Name: BermanMarcus 4/29/2014 9:49:18 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Engineering&Environmental Services Date: 4/30/2014 6:16:17 AM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 5/1/2014 10:31:34 AM Name: PuigJud■ Title: Operations Analyst, Community Development&Environmental Services Date: 5/5/2014 4:04:01 PM Packet Page -1945- 5/27/2014 17.A. Name: McKennaJack Title: Manager-Engineering Review Services, Engineering&Environmental Services Date: 5/9/2014 10:53:04 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 5/12/2014 9:08:54 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/13/2014 9:30:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2014 3:52:26 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management& Budget Date: 5/15/2014 12:42:25 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/18/2014 1:32:30 PM Packet Page -1946- 5/27/2014 17.A. RESOLUTION NO. 2014- 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 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH BOUNDARY OF THE WEST 200 FEET OF UNDIVIDED BLOCK A OF CYPRESS WOODS ESTATES PLAT #2 AS RECORDED IN PLAT BOOK 4, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION VAC-PL20140000648] WHEREAS, pursuant to Resolution 2013-166, Petitioner, Dominick J. Amico, Jr., P.E. of Aanoli, Barber & Brundage, Inc. on behalf of the property owner, Ophthalmology Research Foundation, Inc.. has requested the vacation of the County and the public interest in the 5-foot wide utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County. Florida, located in Section 22, Township 49 South, Range 25 East, Collier County, Florida. more specifically described in Exhibit A. attached hereto; 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. NOW, TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the County interest in the 5- foot wide utility casement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida located in Section 22, Township 49 South, Range 25 East, Collier County, Florida, more specifically described in Exhibit A, are 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. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same. the 27th day of May, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, Chairman Rev. 4/25/14 1 oft Packet Page -1947- CAt)' 5/27/2014 17.A. Approved as to form and legality: By: y / 1 Ll Scott A. Stone Assistant County Attorney Attachments: I) Exhibit A 2) Location-Site Map CP114-[IS-02682112 Rev. 4'25/14 2 oft Packet Page -1948- C. ; 5/27/2014 17.A. 1 1 , .,--.,•: r E.r.': -,1, - r ...... . < ../. ■I IL- I"n I = , L I .,..) . , I • 'T "1 c:,r. I'INI r. < -,. < o I7 <- ,-- L J i ? '--<—1 „_. LJ < < 0 H ,1 < VI ;-,-, '1 ,,;.., :X:, I `p'... -=n-I. 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The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2014- 1 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 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH BOUNDARY OF THE WEST 200 FEET OF UNDIVIDED BLOCK A OF CYPRESS WOODS ESTATES PLAT 412 AS RECORDED IN PLAT BOOK 4, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. [PETITION VAC-PL201400006481 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. Martha Vergara Deputy Clerk(SEAL) May 7&14 2014 No.2025256 Packet Page -1953- 5/27/2014 17.A. 26D it Wednesday, May 14, 2014 )) NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, May 27, 2014, in the Board of County Commissioners Meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, 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 DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH BOUNDARY OF THE WEST 200 FEET OF UNDIVIDED BLOCK A OF CYPRESS WOODS ESTATES PLAT 412 AS RECORDED IN PLAT BOOK 4, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. [PETITION VAC-PL20140000648] 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. V ssistance. 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: Martha Vergara Deputy Clerk(SEAL) Mav 7&14.2014 No.2025256 Packet Page -1954- 1