Agenda 02/26/2013 Item #17B2/26/2013 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 AVPLAT- PL20120002420, to disclaim, renounce and vacate the County and the Public
interest in a portion of the southerly 10 feet of an existing 20 -foot drainage easement located in
Tracts D and E, Northbrooke Plaza, as recorded in Plat Book 31, Pages 65 through 66, of the Public
Records of Collier County, Florida, located in Section 19, Township 48 South, Range 26 East,
Collier County Florida, more specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in a portion
of the southerly 10 feet of an existing 20 -foot drainage easement located in Tracts D and E,
Northbrooke Plaza, as recorded in Plat Book 31, Pages 65 through 66, of the Public Records of
Collier County, Florida, located in Section 19, Township 48 South, Range 26 East, Collier
County Florida, more specifically shown in Exhibit A.
CONSIDERATIONS: Petition AVPLAT- PL20120002420 has been received by the
Engineering Services, Growth Management Division, Planning and Regulation from Dean
Foster, as agent for owner, Randolf G. Abood. This is a request to vacate a portion of the
southerly 10 feet of the existing 20 -foot drainage easement (Exhibit A), where the existing
building was constructed in error over the southerly part of the 20 -foot drainage easement. The
drainage easement infrastructure was never built. Parcels to the west already had all or part of
their easement vacated, so the functionality of the overall easement was already impeded. The
remainder easement being vacated here already can be considered non - functional due to a lack of
connectivity.
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. The applicant is also responsible for advertising fees.
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: To adopt a Resolution for Petition AVPLAT- PL20120002420 to
vacate the County and the Public interest in a portion of the southerly 10 feet of the existing 20-
foot drainage easement located in Tracts D and E, Northbrooke Plaza, as recorded in Plat Book
31, Pages 65 - 66, of the Public Records of Collier County, Florida, located in Section 19,
Township 48 South, Range 26 East, Collier County Florida being more specifically shown in
Exhibit A; and
Packet Page -2191-
2/26/2013 17.B.
Authorize the Chairwoman to execute the Resolution and direct 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 ofNorthbrooke Plaza, recorded in Plat Book 31, Pages 65 through 66.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services, Growth
Management Division, Planning and Regulation
Attachments: 1) Resolution, 2) Plat of Northbrooke Plaza, PB 31, pages 65 -66
Packet Page -2192-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.8.
2/26/2013 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 AVPLAT- PL20120002420, to disclaim, renounce and
vacate the County and the Public interest in a portion of the southerly 10 feet of an existing 20-
foot drainage easement located in Tracts D and E, Northbrooke Plaza, as recorded in Plat Book
31, Pages 65 through 66, of the Public Records of Collier County, Florida, located in Section 19,
Township 48 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A.
Meeting Date: 2/26/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
1/31/2013 12:50:05 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
1/31/2013 12:50:07 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
Date: 1/31/2013 1:13:57 PM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 2/4/2013 9:02:43 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/4/2013 12:37:46 PM
Packet Page -2193-
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 2/6/2013 4:07:03 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 9:24:12 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 11:24:37 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/14/2013 2:21:20 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/15/2013 10:15:33 AM
Name: OchsLeo
Title: County Manager
Date: 2/15/2013 12:01:09 PM
Packet Page -2194-
2/26/2013 17.B.
2/26/2013 17.B.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION AVPLAT-
PL20120002420 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
SOUTHERLY 10 FEET OF AN EXISTING 20 -FOOT DRAINAGE
EASEMENT LOCATED IN TRACTS D AND E, NORTHBROOKE
PLAZA, AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN
EXHIBIT A.
WHEREAS, pursuant to Section 177.101 Florida Statutes and Resolution No. 2006 -160,
Petitioner, Dean Foster, as agent for the property owner, has requested the vacation of the
County and public interest in a portion of the southerly 10 feet of the existing 20 -foot Drainage
Easement as shown in Exhibit A; and
WHEREAS, at its January 22, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013 -18, approved the scheduling of a public hearing
pursuant to Section 336.09, Florida Statutes; 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 public
interest in a portion of the southerly 10 feet of the existing 20 -foot Drainage Easement as
specifically depicted in Exhibit A, attached hereto, 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 Northbrooke Plaza, recorded in Plat Book 31, Pages 65
through 66 of the public records of Collier County, Florida.
Packet Page -2195-
2/26/2013 17.B.
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:
mily R. PeAn
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location -Site Map
CP\I 2- EIS - 02367 \18
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Packet Page -2196-
GEORGIA A. HILLER, ESQ.
Chairwoman
40f1r I,
2/26/2013 17.B.
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LEGAL DESCRIPTION
BEING PART OF A 20' DRAINAGE EASEMENT IN TRACTS D AND E, NORTHBROOKE
PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGES 65 AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF TRACT D, NORTHBROOKE
PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,
PAGES 65 AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID
TRACT D, NORTHBROOKE PLAZA SOUTH 00 °10'17" EAST A DISTANCE OF 20.00
FEET; THENCE RUN WESTERLY LEAVING THE SAID EASTERLY BOUNDARY LINE
NORTH 89 052'48" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY LINE OF A
20.00 FOOT LANDSCAPE BUFFER EASEMENT AND THE POINT OF BEGINNING:
THENCE CONTINUE WESTERLY NORTH 89 052'48" WEST A DISTANCE OF 172.50
FEET TO THE EASTERLY LINE OF A 15.00 FOOT WIDE DRAINAGE EASEMENT
LYING 7.5 FEET BOTH SIDES OF TRACT E AND TRACT F, NORTH BROOKE PLAZA,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65
AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
NORTHERLY ALONG THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT
NORTH 00 010'17" WEST A DISTANCE OF 10.00 FEET; THENCE RUN EASTERLY
LEAVING THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT SOUTH 89 052'48"
EAST A DISTANCE OF 172.50 FEET TO THE WESTERLY LINE OF SAID 20.00 FOOT
LANDSCAPE BUFFER EASEMENT; THENCE RUN SOUTHERLY ALONG THE
WESTERLY LINE OF SAID 20.00 FOOT LANDSCAPE BUFFER EASEMENT SOUTH
00 010'17" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD.
CONTAINING 1,726 SQUARE FEET 0.04 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF TRACT D AS BEING S. 00 010'17" E.
\ \Server \dwg \2012 \800 - 899\2012- 885.doc
Page I of 3
Packet Page -2197-
R.gODES &1 HODESEAND SURVEYEVO, INC.
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287W BOMM GBAMEDRIFESM0.107BORM SPRIN06 FL .WIN
PHONE(=) 40-87W AAX% X99) 405-8.7C7
RHODES & RHODES LAND SURVEYING, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 6897
John Scott Rlo des
Professional Surveyor and Mapper
State of Florida, License Number 5739
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
R &R FILE NO. 2 12 -885
DATE: /,% fj -/2
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Page 2 of 3
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2/26/2013 17.B.
30D ))Wednesday, February 6,20131) NAPLES DAILY 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
consider the enactment of a County Resolution. The meeting will commence at 9:00
A.M. ;jhe title of the proposed Resolution is as follows:
RESOLUTION NO. 13 -_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION "PLAT- PL20120002420, TO DISCLAIM,
RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION
OF THE SOUTHERLY 10 FEET OF. AN EXISTING 20 -FOOT DRAINAGE EASEMENT
LOCATED IN TRACTS D AND E, NORTHBROOKE PLAZA, AS RECORDED IN PLAT
BOOK 31, PAGES 65 THROUGH 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COL-
LIER
COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT "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
partiapate 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)
Febr.en 6 & 13 2013 Ne. 1977188
Packet Page -2203-
2/26/2013 173.
30D )) Wednesday, February 13, 2013 )) NAPLES DAILY 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
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. 13-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION AVPLAT- PL20120002420, TO DISCLAIM,
RENOUNCE, AND VACATE THE COUNTY AND THE PUBLC INTEREST IN A PORTION
OF THE SOUTHERLY 10 FEET OF AN EXISTING. 20-FOOT DRAINAGE EASEMENT
LOCATED IN TRACTS D AND E, NORTHBROOKE PLAZA, AS RECORDED IN PLAT
BOOK 31, PAGES 65 THROUGH 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COL-
LIER
COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT'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 an agenda item must register with the
County Manager prior to presentation OT y 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 area 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
GEORGIA A. HILLER, ESQ; CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon
Deputy Clerk (SEAL)
Febn�ary 6 & 13 7013 N-1977198
Packet Page -2204-