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Agenda 06/24/2014 Item #17B6/24/2014 17.B. 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- PL20140000073 to vacate the County and public interest in the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 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 Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC- PL20140000073 has been received by the Engineering Services, Growth Management Division, Planning and Regulation Department from Michael Ward of RWA, Inc., as agent for the property owner, to vacate the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. The vacated Stormwater Drainage Easement has been replaced by Tracts L -1 and L -2, according to the plat of Bent Creek Preserve as recorded in Plat Book 55, pages 61 through 74 of the public records of Collier County, Florida. The Engineering Department has reviewed this petition and found no reason for objection. 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- PL20140000073, which will vacate the County and the public interest in the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 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 Bent Creek Preserve as recorded in Plat Book 55, pages 61 through 74 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 Attachment: 1) Resolution with Exhibits Packet Page -2097- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 6/24/2014 17.B. 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- PL20140000073 to vacate the County and public interest in the Stormwater Drainage Easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. Meeting Date: 6/24/2014 Prepared By Name: BermanMarcus Title: County Surveyor, Natural Resources 5/29/2014 11:22:03 AM Submitted by Title: County Surveyor, Natural Resources Name: BermanMarcus 5/29/2014 11:22:04 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Natural Resources Date: 5/29/2014 1:43:16 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/3/2014 4:40:40 PM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 6/4/2014 5:00:32 PM Packet Page -2098- Name: McKennaJack 6/24/2014 17.B. Title: Manager - Engineering Review Services, Natural Resources Date: 6/5/2014 12:58:37 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 6/6/2014 11:45:29 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/13/2014 4:05:20 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 6/16/2014 2:13:20 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2014 2:46:55 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/16/2014 2:47:02 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/17/2014 10:29:35 AM Packet Page -2099- 6/24/2014 17.B. RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO VACATE THE STORMWATER EASEMENT (EXHIBIT A -2 ONLY) AS RECORDED IN OFFICIAL RECORD BOOK 3188, PAGES 1727 THROUGH 1733 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20140000073) WHEREAS, pursuant to Section 125.01, Florida Statutes, and Resolution 2006 -160, as amended, Petitioner, Michael Ward of RWA, Inc., has requested to vacate the County and the public interest in the drainage easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 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 and the public interest in the drainage easement (Exhibit A -2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 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. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of . 2014. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA go 1 of 2 Packet Page -2100- TOM HENNING, Chairman Approved as to form and legality: By: �5iia��N Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A 2) Location -Site Map CP \14 -EI S- 02614\ 16 2 of 2 Packet Page -2101- 6/24/2014 17.B. 6/24/2014 17.B. • EXHIBIT "q„ PER O.R. 3188 PAGE 1727 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA: DESCRIPTION OF A PART OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (DRAINAGE EASEMENT) ALL THAT PART OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 26; THENCE ALONG THE NORTH LINE OF SAID SECTION 26, ALSO BEING THE NORTH RIGHT —OF —WAY LINE OF IMMOKALEE ROAD, (C.R. 846) 100 FOOT RIGHT —OF —WAY; SOUTH 89'58'16' EAST 817.13 FEET; THENCE LEAVING SAID LINE SOUTH 00'01'44" WEST 178.94 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; THENCE SOUTH 89'58'09' EAST 450.37 FEET; THENCE SOUTH 02'18'22" EAST 3Z0.27 FEET; THENCE NORTH 89'58'09'WEST 450.37 FEET; THENCE NORTH 02'18'22" WEST 320.27 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 3.31 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE ASSUMED AND BASED ON THE NORTH LINE OF SAID SECTION 26, BEING SOUTH 89'58'16" EAST. POINT OF COMMENCEMENT NORTH 1/4 CORNER SECTION 26 23 T -48 -S, R -26 -E 26 V 817.13' /-NORTH RIGHT -OF -WAY LINE S89'58'1 6"E IMMOKALEE ROAD (100' R.OX),C.R. 846 SOO'01 '44 "W 178,94' SOUTH RIGHT -OF -WAY LINE , I i I z 0 N N N L4 N O N J VAC- PL20140000073 Rev:2 Bent Creek Preserve Date:: 3 -25 -2014 Due: 4 -8 -2014 whnxrn• 71 Intl fY9n .11 A -1--t r.c nr f11 n �r z V m � m m\' z N � O N � v � z m N89'58'09"W 450.37' MICHAEL A. WARD DATE SIGNED FLORIDA PROFESSIONAL LAND SURVEYOR CERTIFICATE No. LS{ 5301 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE NAME J0R3188_1727 a_Vi51v'N DZAkly S CTH?N TWF. I BENT CREEK PRESERVE -mdwg 0= R.A.K. 26 I 485 EXHIBIT OF PROPOSED EASEMENT VACATION G &1D1Na;AoParorid.3 Su+te20ti ` � INC. Naples. Florida 3ai49 ■` Pdane!(410)597 -Ga75 vJMBE DA?,. _ =_E SHF"',T RGF 030008.05.01 2/21/14 1 1" =150' 1 1 OF 1 1 26E I 5 CONSUL ?Ii*7Cr CSvs PAX: (239)597.0578 A 1 T ti .i sw cyigg&kKOM raCKei rage -ziuz- r r N N VAC— PL20140000073 'I N CO UUJ (/1 od Y AREA BEING REPLACEMENT VACATED EASEMENTS NAPESS-1MMGKALEE ROAD (CR B4(1) BENT CREEK PRESERVE --FTUSC1d1Y WVE CPYSTAL LAW LOCATION MAP Prepared b : SITS MAP Marcus L. Berman P.S.M. Collier County Surveyor Florida Surveyor & Mapper LS 5086 Engineering Service Dept. Growth Management. Division Planning and Regulation 2800 North Horseshoe Drive, Naples Florida 34103 Molar .V -d R•y faeianlEngineemg Dapanment \Fngnaenns Fold --Old Fdd.,a ACAD SURVEY 0RAWr`4GS \3M Creek \VAL -Fk10140&=73 Laan­5jt0 Map dvg Model, 5 014 8:21 57 AM m 0 N t Q) to ITS a- 4- V ra a MMTMY BAY bWA501. (aro 13 14 13 NBtASCL 22 ` NMTALE 23 (Ore BAY 24 ADtE'9 CORNEA NAPLES- Ir,YADI(AEEE ROAD C.R. 846 BEE+ CREEX PRESERW 25 Tw 27 26 PROJECT LOCATION BRITTANY BAY APMU NTS SP IBIIGi r•�"L Mi P�� S A"T PLACE Bi NAPta ►AIII4YC1 VANOFRBtT Y �aaa�A 35 38 Bas DAKc mw BUMS REIN EA1590N paNifSl 1 GAROIIIA 3 2 WIDEN GATE ESTATE5 CpUD GATE ESTATES CATS E TATES T 8 UUJ (/1 od Y AREA BEING REPLACEMENT VACATED EASEMENTS NAPESS-1MMGKALEE ROAD (CR B4(1) BENT CREEK PRESERVE --FTUSC1d1Y WVE CPYSTAL LAW LOCATION MAP Prepared b : SITS MAP Marcus L. Berman P.S.M. Collier County Surveyor Florida Surveyor & Mapper LS 5086 Engineering Service Dept. Growth Management. Division Planning and Regulation 2800 North Horseshoe Drive, Naples Florida 34103 Molar .V -d R•y faeianlEngineemg Dapanment \Fngnaenns Fold --Old Fdd.,a ACAD SURVEY 0RAWr`4GS \3M Creek \VAL -Fk10140&=73 Laan­5jt0 Map dvg Model, 5 014 8:21 57 AM m 0 N t Q) to ITS a- 4- V ra a 24D ))Wednesday, June 4,2014A NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 24, 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 Resolu- tion is as follows: RESOLUTION NO. 2014. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO VACATE THE STORMWATER EASEMENT (EXHIBIT A -2 ONLY) AS RECORDED IN OFFICIAL RECORD BOOK 3188, PAGES '1727 THROUGH 1733, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH,., RANGE •26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20140000073) A copy of the proposed Resolution is on fie 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. It 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 pprior 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 1`10111— :a permanent part of the NATler ne mccrimer 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 Packet Page -2104- 6/24/2014 17.B. S i1 imer tic Mrt -rim 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: Teresa Cannon Deputy Clerk (SEAL) June 4 & 11, 2014 No. 2027377 6/24/2014 17 _ B _ 26D * Wednesday, June 11, 2014 X NAPLES DAILY N E W S N` NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 24, 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 Resolu- tion is as follows: RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO VACATE THE STORMWATER EASEMENT (EXHIBIT A -2 ONLY) AS RECORDED IN OFFICIAL RECORD BOOK 3188, PAGES 1727 .THROUGH 1733, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, •RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20140000073) 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 ggraphic 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 CRY i� t4 u �Y. Packet Page -2105- L L egals MUM AF MEETING 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: Teresa Cannon Deputy Clerk (SEAL) June 4 & 11, 2014 No. 2027377 I '�j