Agenda 03/26/2013 Item #17B3/26/2013 173.
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- PL20120002668, to disclaim, renounce and vacate the County and
the Public interest in a portion of a 15 -foot wide Drainage Easement, being a part of Lots
77 and 78, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public
Records of Collier County, Florida, being a part of Section 8, Township 48 South, Range 26
East, Collier County, Florida, more specifically shown in Exhibit A and to accept the Grant
of Drainage Easement to replace the vacated Drainage Easement.
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in a portion
of a 15 -foot wide Drainage Easement, being a part of Lots 77 and 78, Quail West Phase III, Unit
7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, being a
part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, more specifically
shown in Exhibit A and to replace with an alternate Drainage Easement, (See Exhibit B, part of
the Grant of Easement).
CONSIDERATIONS: Petition VAC- PL20120002668 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Alexis Crespo of
Waldrop Engineering, P.A., as agent for the property owner. This vacation request is to vacate a
.portion of a 15 -foot wide Drainage Easement between Lots 77 and 78 (Exhibit A) and relocating
the Drainage Easement (Exhibit B) to the south side of Lot 77, all a part of Quail West Phase III,
Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida,
also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida.
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, Engineering
Services 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 approved 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- PL20120002668, which will vacate the County and the
Public interest in a portion of a 15 -foot wide Drainage Easement, being a part of Lots 77 and 78,
Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of
Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East,
Collier County, Florida, more specifically shown in Exhibit A, 2) accepts the Grant of Easement
to provide a replacement Drainage Easement, 3) directs the Clerk to the Board to record a
certified copy of the Resolution and Grant of Drainage Easement in the Public Records, and to
Packet Page -1166-
I
3/2612013 17. B.
make proper notation of this Resolution and Grant of Drainage Easement of the plat recorded in
Plat Book 46, Pages 89 -102 of the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Wgineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution, 2) Grant of Easement, w/Exhibit B, 3) Plat of Quail West Phase III,
Unit 7, page 102 only
13 -EIS- 02384/24
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Packet Page -1167-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.8.
3/26/2013 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 VAC- PL20120002668, to disclaim, renounce and vacate
the County and the Public interest in a portion of a 15 -foot wide Drainage Easement, being a
part of Lots 77 and 78, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the
Public Records of Collier County, Florida, being a part of Section 8, Township 48 South, Range
26 East, Collier County, Florida, more specifically shown in Exhibit A and to accept the Grant of
Drainage Easement to replace the vacated Drainage Easement.
Meeting Date: 3/26/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
11—` 3/1/2013 8:28:48 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
3/1/2013 8:28:50 AM
Approved By
Name: LynchDiane
Title: Administrative Assistant
Date: 3/1/2013 10:36:41 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 3/5/2013 9:28:12 AM
Name: HouldsworthJohn
i-1 Title: Site Plans Reviewer, Senior,Engineering & Environm
Packet Page -1168-
3/26/2013 17.B.
Date: 3/5/2013 9:40:26 AM n
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 3/5/2013 4:45:03 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/12/2013 5:03:59 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/13/2013 7:28:10 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/13/2013 8:42:05 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/15/2013 12:16:22 PM
Name: OchsLeo
Title: County Manager
Date: 3/15/2013 2:51:56 PM
Packet Page -1169-
3/26/2013 1 7. B.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC -
PL20120002668 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 15 -FOOT
WIDE DRAINAGE EASEMENT, BEING _A PART OF -LOTS 77 AND 78,
QUAIL WEST PHASE III, UNIT 7, PLAT BOOK 46, PAGES 89
THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING A PART OF SECTION 8, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE
SPECIFICALLY SHOWN IN EXHIBIT A.
WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006 -160,
Petitioner, Alexis Crespo, of Waldrop Engineering, P.A., has requested the vacation of the
County and the public interest in a portion of a 15 foot wide Drainage Easement, being a part of
Lots 77 and 78 Quail West_ Phase III, Unit 7, Plat Book 46, Pages 89 through 102 of the Public
Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26
East, Collier County, Florida, being more specifically described in Exhibit A; and
n
WHEREAS, at its February 26, 2013 regular meeting, the Board of Commissioners, via
Resolution No. 2013 -43, approved the scheduling of a public hearing on March 26, 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 the County interest in a
portion of a 15 -foot wide Drainage Easement, being a part of Lots 77 and 78, Quail West Phase
III, Unit 7, Plat Brook 46, Pages 89 through 102 of the Public Records of Collier County,' Florida,
being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida as
specifically depicted 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 and to make proper
notation of this Resolution on the plat recorded in Plat Book 46, Pages 89 -102 of the public
records of Collier County, Florida
Packet Page -1170-
3/26/2013 17.B.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
Approved as to form and legal sufficiency:
lnily R. Pe 'n
A
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location/Site Map
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3/26/2013 17.B.
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT is granted and conveyed this ''day of
2013, by QUAIL WEST HOLDINGS,: LLC, a Florida limited liability comp , which has a
mailing address of 2647 Professional Circle, Suite 1201, Naples, FL 34119, (hereinafter referred
to as "Grantor ") to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
its successors and /or assigns, which has a- mailing address of 3299 East Tamiami Trail, Naples,
FL 34112, (hereinafter referred to as "Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective, heirs, legal representatives, successors or assigns.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and
other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors
and assigns, a perpetual, non - exclusive easement for drainage facilities, access and maintenance
purposes with no responsibility for maintenance, on the following described lands located in
Collier County, Florida, to wit:
Said lands are legally described in Exhibit "B".
Attached hereto and incorporated by reference herein.
Subject to easements, restrictions and reservations of record.
This is not homestead property.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and /or assigns, together
with the right and privilege to enter upon said land to excavate, relocate and /or take and/or
introduce materials, including but not limited to, water lines and pipes, well pumps and raw water
wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of
constructing, reconstructing, operating, relocating, repairing and /or otherwise maintaining the
subject drainage facilities and /or systems(s) or portion(s) thereof, in, on over and /or under the
easement area. The easement area granted herein shall constitute easements running with the
land and shall burden the lands described above. Grantor and Grantee are used for singular or
plural, as the context allows.
Packet Page -1174-
3/26/2013 17.B.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
QUAIL WEST HOLDINGS, LLC, a Florida
limited liability company
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Witness Signature Brian K. Stock, Its Manager
Witness Name Typed or Printed
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Witna'$s Signature _ MY COMM. EWm � 2t, 2014
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Witness Name Typed or Printed
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage Easement was acknowledged before me this day of
2013, by Brian K. Stock, as Manager of Quail West Holdings, LLC, a Florida
li ed liability company, on behalf of the company. Brian K. Stock is personally known to me.
Witness my hand and official seal this t7` day of 2013.
Notary lie (Affix notary seal)
My Co ission
Expires: q a l col(! 1
Notary Printed Name
Prepared by:
Linda C. Brinkman, Esquire
Coleman, Yovanovich & Koester, PA
4001Tamiami Trail North, Suite 300
Naples, FL 34103
Packet Page -1175-
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3/26/2013 17. B.
30D r Wednesday, March 6, 2013 N NAPLES DAILY NEWS
r..
NOTICE OF PUBLIC HEARING.TO CONSIDER RESOLUTION
Notice is hereby given that on. 'March 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. 2013--
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120002668, TO DISCLAIM, RE- .
NOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
A 15- FOOTVVIDE DRAINAGE EASEMENT, BEING A PART OF LOTS 77 AND 78, QUAIL
WEST PHASE. III, UNIT 7. PLAT BOOK 46; PAGES 89 THROUGH 102 OF THE PUBLIC
RECORDS OF COWER COUNTY, FLORIDA, BEING A PART OF SEC71ON 8, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA," BEING MORE SPECIFICAL-
LY SHOWN IN EXHIBIT A."
A copy of the proposed Resolution is on, file with the Clerk, to the Board and is
available for inspectrpn. All interested parties are invited to attend and be heard.
NOTE:.AII 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 res ective
.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 .:AIL 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 aver•
batim 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.6rderto par
ticnpate 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 (239)` 252
8380, at least two days prior 1o_xhe meeting. "Assisted listening devices for the
hearing impaired are available in the Board of County. Commissioners Office.
BOARD OF COUNTY COMMISSIONERS. "
COLLIER COUNTY,TLORIDA.
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
BY Ann Jennejohn
Deputy Clerk (SEAL)
March 6 & 13. 01 1 . No 1981035
Packet Page -1178-
3/26/2013 17. B.
NAPLES D A I LY N E W S K 'Wednesday, March 13, 2013 a 29D
"M
• r • •
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given -that on March 26, 2013, in the ; Board of County
Commissioners Meeting Room,' Third Floor, Collier Government Center, 329
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 J.
A.M. The title of the proposed Resolution is as follows.
RESOLUTION NO. 2013%__
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120W2668, TO DISCLAIM,.RE-
NOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
A 1S -FOOT WIDE, DRAINAGE EASEMENT, BEING A PART OF LOTS 77 AND 78, QUAIL
WEST PHASE 111, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 8, TOWNSHIP
48 SOUTH,. RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE SPECIFICAL-
LY 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
Counttyy manager prior to presentation of the agenda item to be addressed.
Individuatspeakers will be limited to 3 minutes on any item. The selection of any
individual to soak 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 ver-
batim `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 (239) 252- ,
8380, at least two days prior to the meeting. Assisted listening • devices for the f
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA'.
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT El BROCK, CLERK
Ann nn lennejohn
Deputy Clerk (SEAL).
rch 6
MaA 1120171 No. 1981035
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