Agenda 02/26/2013 Item #17A2/26/2013 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- PL20120002180, to disclaim, renounce and vacate the County and the Public interest
in a portion of the unimproved Davila Street right -of -way, recorded in Official Record Book 144,
pages 634 -635, Official Record Book 183, page 359, and that part of Davila Street as shown on the
plat of Green Heron Acres, recorded in Plat Book 22, page 70 of the Public Records of Collier
County, Florida, being a part of Section 35, Township 48 South, Range 26 East, Collier County,
Florida, all being a part of the Buttonwood Preserve RPUD, being more specifically shown in
Exhibit "A ".
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in a portion
of the unimproved Davila Street right -of -way, recorded in Official Record Book 144, pages 634-
635, Official Record Book 183, page 359, and that part of Davila Street as shown on the plat of
Green Heron Acres, recorded in Plat Book 22, page 70 of the Public Records of Collier County,
Florida, being a part of Section 35, Township 48 South, Range 26 East, Collier County, Florida
being more specifically shown in Exhibit "A ".
CONSIDERATIONS: Petition VAC- PL20120002180 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from R. Bruce Anderson, as
Agent for the property owner, Buttonwood Partners, LLC, to vacate the unimproved Davila
Street Right -of -Way, Recorded in Official Record Book 144, pages 634 -635, Official Record
Book 183, page 359, and that part of Davila Street as shown on the plat of Green Heron Acres,
recorded in Plat Book 22, page 70 of the Public Records of Collier County, Florida. All being a
part of the Buttonwood Preserve RPUD.
Letters of no objection from abutting property owners have been received from all who
responded. Certified mail receipts exist for those who elected not to respond.
FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected
a $2,100 "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 reviewed by the County Attorney's Office,
is legally sufficient and requires a majority vote for approval. - ERP
RECOMMENDATIONS: That the Board of County Commissioners; 1) approves the attached
Resolution, relating to Petition VAC- PL20120002180, which will vacate the County and the
Public interest in a portion of the unimproved Davila Street right -of -way 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
Green Heron Acres, recorded in Plat Book 22, Page 70.
Packet Page -2180-
2/26/2013 17.A.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution 2) PUD Master plan 3) Survey
Packet Page -2181-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
2/26/2013 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- Pl-20120002180, to disclaim, renounce and vacate
the County and the Public interest in a portion of the unimproved Davila Street right -of -way,
recorded in Official Record Book 144, pages 634 -635, Official Record Book 183, page 359, and
that part of Davila Street as shown on the plat of Green Heron Acres, recorded in Plat Book 22,
page 70 of the Public Records of Collier County, Florida, being a part of Section 35, Township 48
South, Range 26 East, Collier County, Florida, all being a part of the Buttonwood Preserve
RPUD, being more specifically shown in Exhibit "A ".
Meeting Date: 2/26/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
1/31/2013 10:28:52 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
1/31/2013 10:28:53 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
Date: 1/31/2013 12:10:39 PM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 2/4/2013 8:58:48 AM
Name: PuigJudy
Packet Page -2182-
Title: Operations Analyst, GMD P &R
Date: 2/4/2013 11:52:09 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 2/6/2013 4:05:07 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 9:27:21 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 11:24:05 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/14/2013 2:32:37 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 4:53:37 PM
Name: OchsLeo
Title: County Manager
Date: 2/15/2013 11:36:33 AM
Packet Page -2183-
2/26/2013 17.A.
2/26/2013 17.A.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC -
PL20120002180 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
UNIMPROVED DAVILA STREET RIGHT -OF -WAY RECORDED IN
OFFICIAL RECORD BOOK 144, PAGES 634 -635, OFFICIAL RECORD
BOOK 183, PAGE 359, AND THAT PART OF DAVILA STREET AS
SHOWN ON THE PLAT OF GREEN HERON ACRES RECORDED IN
PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA LOCATED IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE
SPECIFICALLY SHOWN IN EXHIBIT "A ".
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution
2006 -160, Petitioner, R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., as agent for the
property owner, has requested the vacation of the County and the Public interest in a portion of
unimproved Davila Street right -of -way recorded in Official Record Book 144, Pages 634 -635,
Official Record Book 183, Page 359 and that part of Davila Street as shown on the plat of Green
Heron Acres recorded in Plat Book 22, Page 70 of the Public Records of Collier County, Florida,
located in Section 35, Township 48 South, Range 26 East, Collier County Florida, more
specifically shown in Exhibit A; and
WHEREAS, at its January 22, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013 -19, approved the scheduling of a public hearing on
February 26, 2013 pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution
2006 -160; 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;
and
WHEREAS, the granting of the petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a
portion of unimproved Davila Street as specifically depicted in Exhibit "A ", attached hereto and
incorporated herein by reference, 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 and to make proper
notation of this Resolution on the plat of Green Heron Acres recorded in Plat Book 22, Page 70
of the public records of Collier County, Florida.
1 of 2
Packet Page -2184-
2/26/2013 17.A.
This Resolution adopted after motion, second and majority vote favoring same this 26th
day of February, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
,Approved as to form and legal Sufficiency:
Emily R. Pep�ii
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attachments: 1) Exhibit A; 2) Location -Site Map
CP \12- EIS - 02368\22
2 of 2
Packet Page -2185-
GEORGIA A. HILLER, ESQ.
Chairwoman
2/26/2013 17.A.
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMOM110 AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4
CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, THENCE S. 02' 15' 35" E. FOR 30.02
FEET ALONG THE NORTH —SOUTH 1/4 LINE OF SAID SECTION 35 TO
THE POINT OF BEGINNING. THENCE ALONG SAID 1/4 UNE FOR 15.01
FEET TO A POINT ON A LINE BEING PERPENDICULAR 45 FEET
SOUTH OF THE NORTH LINE OF SAID SECTION 35. THENCE ALONG
SAID LINE N. 89' 57' 58" E. FOR 30.65 FEET TO A POINT ON A
UNE, SAID LINE BEING PERPENDICULAR 30 FEET EAST OF SAID 1/4
LINE. THENCE ALONG SAID LINE S. 02' 14' 38" E. FOR 1293.25
FEET TO A POINT ON A LINE BEING THE NORTH BOUNDARY LINE
OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32,
PGS 42 -55 AS RECORDED IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FL. THENCE ALONG SAID NORTH BOUNDARY LINE S. 89'
56' 51" W. FOR 30.02 TO A POINT ,ON SAID 1/4 LINE OF SECTION
35. THENCE ALONG SAID 1/4 LINE N. 02' 14' 38" W. FOR 669.26
FEET TO THE SOUTHEAST CORNER OF GREEN HERON ACRES TRACT
2, AS RECORDED IN PLAT BOOK 22, PG 70 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FL. THENCE ALONG THE SOUTH LINE
OF SAID GREEN ACRES TRACT 2, S. 89' 58' 12" W FOR 30.02
FEET TO A POINT ON A LINE. BEING PERPENDICULAR 30 FEET WEST
OF THE SAID 1/4 LINE. THENCE N. 02' 14' 38" W FOR 639.02
FEET ALONG SAID PERPENDICULAR LINE TO A POINT ON THE
NORTH BOUNDARY LINE OF SAID GREEN ACRES TRACT 2. THENCE
N. 89' 58' 46" E. FOR 29.39 FEET ALONG SAID NORTH BOUNDARY
LINE TO THE POINT OF BEGRJPIING.
CONTAINING 57, 958 +/— SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST —WEST 1/4 LINE OF SECTION
35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FL.
AS BEING N. 89' 58' 46" E.
ABBREVIATIONS
O.R. OFICIAL RECORDS
P.B. PLAT BOOK
J
0 50 100 20' A00
GRAPHIC SCALE
POINT OF COMMENCEMENT
N.W. CORNER Or
THE N.E. 1/4 OF
SECTION 35 -46-26
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NORTH UNE OF SECTION 3S
�{ LI OINT OF BEGINNING
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TRACT 2 CREEN HERON ACRES
(P.6 13, PAGE 70)
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(P.P J2 PAGE 42 -55)
SKETCH AND LEGAL DESCRIPTION
COMMUNITIES INC.
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LAND SURVEYING, INC Fc I_e = r-.'—j.7,;:
BY: /'\ LICENSE #LB 6897 eO90 #.
sheet
JO SCOTT RHODES PSM X5739
28100 BONITA GRANDE DRIVE SUITE 107 BONITA SPRINGS, FL 34135
(239) 405 -8166 (239) 405 -8163 FAX
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2/26/2013 17.A.
30D)) Wednesday, February 6, 2013 )) N A P L. E S D A I LY NEWS
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, February 26, 2013, 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 consid-
er 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. 13
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL20120002180, TO DISCLAIM, RENOUNCE,
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
UNIMPROVED DAVILA STREET RIGHT -OF -WAY, RECORDED IN OFFICIAL RECORD
BOOK 144, PAGES 634 -635, OFFICIAL RECORD BOOK 183, PAGE 359, AND THAT
PART OF DAVILA STREET AS SHOWN ON, THE PLAT OF GREEN HERON ACRES,
RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING A PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIB-
IT
,.A„
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 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
partitipate 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
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk (SEAL)
Febru-rv6 013 No 1977203_
Packet Page -2190-