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Agenda 02/26/2013 Item #17D2/26/2013 17.D. 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- PL20120002591, to remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, being a part of Section 18, Township 49 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. OBJECTIVE: To adopt a Resolution to remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, being a part of Section 18, Township 49 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. CONSIDERATIONS: The Engineering Services Department has received a request from Jeff Davidson, P.E. of Davidson Engineering, Inc., as Agent for the property owner to removing Collier County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, more specifically shown in Exhibit A. The drainage easement currently rests wholly within the subject property and does not impact private property interests outside of the development within which it lies. By having Collier County removed from the drainage easement, this will release the County from any potential obligation regarding the operation, maintenance, or repair of a portion of a privately maintained water management facility. Letters of no objection from abutting property owners have been received from all who responded. 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- PL20120002591, which will remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, 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 3500 Corporate Plaza, recorded in Plat Book 44, Pages 23 through 24. Packet Page -2216- 2/26/2013 17.D. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Resolution, 2) Plat of 3500 Corporate Plaza. Packet Page -2217- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. 2/26/2013 17.D. 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- PL20120002591, to remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, being a part of Section 18, Township 49 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 2:40:24 PM Submitted by Title: County Land Surveyor Name: BermanMarcus 1/31/2013 2:40:26 PM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm Date: 1/31/2013 2:51:54 PM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 2/4/2013 10:08:42 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/4/2013 12:54:29 PM Packet Page -2218- Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 2/6/2013 4:18:37 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/14/2013 11:33:00 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/14/2013 2:43:24 PM Name: KlatzkowJeff Title: County Attorney Date: 2/14/2013 4:43:58 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 2/15/2013 6:28:52 PM Name: OchsLeo Title: County Manager Date: 2/16/2013 3:30:40 PM Packet Page -2219- 2/26/2013 17.D. 2/26/2013 17.D. RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC - PL20120002591 TO REMOVE THE COUNTY'S INTEREST IN AN EXISTING DRAINAGE EASEMENT, BEING A PART OF TRACT "A" OF 3500 CORPORATE PLAZA, PLAT BOOK 44, PAGES 23 THROUGH 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006 -160, Petitioner, Jeff Davidson, P.E. of Davidson Engineering, Inc., as Agent for the property owner, requested removing Collier County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza., Plat Book 44, Pages 23 through 24 of the Public Records of 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 -16, approved the scheduling of a public hearing on the 26th day of February, 2013, pursuant to Section 177.101, 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that removing Collier County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, Pages 23 through 24 of the Public Records of Collier County, Florida, more specifically shown in Exhibit A, attached hereto, is hereby removed 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 3500 Corporate Plaza recorded in Plat Book 44, Pages 23 through 24 of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this 26a' day of February, 2013. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. Chairwoman Packet Page -2220- A proved as to form and legal sufficiency: mily R. P pin Assistant County Attorney Attachments: l) Exhibit A 2) Location -Site Map Packet Page -2221- 2/26/2013 17.D. 2/26/2013 17.D. .RSODES & 1ffODE8 LA2VD SURVEYING, ENG THOIlf9.9X AffOESSIZ, P -9 N MIX BOMTA OIZANDEDMVESUIM 107BONM 6PRWQ.S, M Wff PRONE( ) 406R W FAX(M)PS-NO LEGAL DESCRIPTION "EXHIBIT A" BEING A PORTION OF TRACT "A', 3500 CORPORATE PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGES 23 AND 24, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF TRACT "A ", 3500 CORPORATE PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGES 23 AND 24, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTHERLY LINE OF SAID TRACT "A" SOUTH 89 °34'3T' WEST A DISTANCE OF 290.28 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHERLY LINE OF TRACT "A" SOUTH 89 °34'37" WEST A DISTANCE OF 15.08 FEET; THENCE RUN NORTHEASTERLY LEAVING SAID SOUTHERLY LINE OF TRACT "A" NORTH 05°39'3T' EAST A DISTANCE OF 110.40 FEET; THENCE NORTH 89 °37'38" EAST A DISTANCE 291.75 FEET TO THE EASTERLY LINE OF SAID TRACT "A'; THENCE RUN SOUTHERLY ALONG THE SAID EASTERLY LINE OF TRACT "A" SOUTH 00 023'04" EAST A DISTANCE OF 15.00 FEET; THENCE RUN WESTERLY LEAVING THE SAID EASTERLY LINE OF TRACT "A" SOUTH 89 °37'38" WEST A DISTANCE OF 278.25 FEET; THENCE RUN SOUTH 05 °39'37" WEST A DISTANCCE-OF 95,30 -FEET-TO_THE POINT OF BEGINNING—__, CONTAINING 5,818 SQUARE FEET 0.13 ACRES, MORE OR LESS. SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTHERLY LINE OF TRACT "A" AS BEING SOUTH 89 034'37" WEST AS SHOWN. RHODES & RHODES LAND SURVEYING, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 6897 Th Rhodes S.R. Professional Surveyor and Mapper State of Florida, License Number 5854 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R &R FILE NO. 2011-686 DRAINAGE SKETCH DATE: A--. a -- A6,12 F:\2011 \600 - 699\2011 -686 DRAINAGE'SKETCH.doc Page 1 of 2 Packet Page -2222- IW O L N y YRy� z v • v b Packet Page -2223- w 9 2/26/2013 17.D. I i _j .''. d O H Y Cl) ID °' �. m Co - 'D Q, 4 = = N qu ¢Ir Q ao to -> ¢ E-+ � 0D -Y O Q, m +° p mZ i3 U s- 0 0 5 C�1 �� I � W¢ .-• 1 < G <� (n (n �. 02 aW � LJ p m C " q S 00'23'04" Ev� m a)— 15.00' w 0 a k a o EASTERLY UNE OF TRACT A y< y r 6 U' U cc> z x Li -j V) to z„ �z;3 tn E-4 Z oZ ° c2 ~ Li V _ m oL.J.. 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Imo, JJ',L 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. 131 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETMON VAC•PL20120002591, TO REMOVE THE COUNTY'S INTEREST IN AN EXISTING DRAINAGE EASEMENT, BEING A PART OF TRACT "A" OF 3500 CORPORATE PLAZA, PLAT BOOK 44, PAGES 23. THROUGH 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION• 18, TOWN - .SHIP 49 SOUTH, RANGE 26 EAST, COWER 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 to speak on an agenda item must register with the County Manager prior to presentation of 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 it encouraged. If recognized by the Chairman, a spokesperson for a group or.organization maybe 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 ppublic 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 par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, 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) Packet Page -2227- 2/26/2013 17.D. 2/26/2013 17.D. 0 30D )) Wednesday, February 13, 2013 )) N A P L E S DA I LY N E W S NICE OF MEETING M NATIM IF, 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 COWER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120002591, TO REMOVE THE COUNTY'S INTEREST IN AN EXISTING DRAINAGE EASEMENT, BEING A PART OF TRACT "A" OF 3500 CORPORATE PLAZA, PLAT BOOK 44, PAGES 23 THROUGH 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 18, TOWN- SHIP 49 SOUTH, RANGE 26 EAST, COLLIER 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 ="ICourrtyy Manager prior to presentation of the agenda item to be addressed. 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 par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 2S2 -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. Packet Page -2228-