Agenda 04/23/2013 Item # 9A4/23/2013 9.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- PL20120002564, to disclaim, renounce and vacate the County and the Public interest
in a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S"
of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47
through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50
South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to
approve the Grant of Easement to replace the vacated U.R.O.S. easement.
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in a portion
of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of
Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47
through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township
50 South, Range 26 East, Collier County, Florida and replace it with a new Conservation
Easement (Exhibit `B ", part of the Grant of Easement).
CONSIDERATIONS: Petition VAC- PL20120002564 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Kirk Ritchie, of McAnly
Engineering and Design, Inc., as Agent for the property owner to vacate a portion of the U.R.O.S
easement, being a part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park,
Phase One, Plat Book 17, pages 47 through 49 of the Public Records of Collier County, Florida,
being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida. The
proposed vacation is to allow for the expansion of the existing Glen Eagle maintenance area.
A new conservation easement, greater in size will be created to replace the area lost from the
vacation. The conservation easement being applied to the existing U.R.O.S. easement as well as
the additional easement area being provided is equally or more restrictive than the U.R.O.S.
easement language. A copy of the Grant of Easement to be approved by the Board is attached.
Letters of no objection from abutting property owners have been received from all who
responded. A letter objecting to the vacation has been received from The Goodman Group, the
property owner to the west, claiming that the establishment of the conservation easement may
potentially impact plans for future development. Staff has attempted to meet with the objecting
party, but has not been successful. A response letter to staff from McAnly Engineering (See page
3 of letter) provides the opinion that the property to the west will not be adversely impacted by
the replacement conservation easement. This letter and a letter from Blair Foley, P.E, are
attached.
County Staff has no objection to the vacation of this easement and replacing it with a
conservation easement. According to the Master Site Concept Plan GMD has on file, there is no
impact to the parcel to the west.
Packet Page -182-
4/23/2013 9.A.
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.
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- PL20120002564, which will vacate the County and the
Public interest in a portion of the U.R.O.S. easement being a part of Tract "S" of Embassy
Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47 through 49
of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, 2) approves
the Grant of Easement replacing the vacated U.R.O.S. easement with a conservation easement,
and 3) directs the Clerk to the Board to record a certified copy of the Resolution and the Grant of
Easement in the Public Records, and to make proper notation of these documents on the plat of
Embassy Woods Golf and Country Club at Bretonne Park, Phase One, recorded in Plat Book 17,
Pages 47 through 49 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
Attachments: 1) Resolution, 2) Grant of Easement, 3) Letter of objection from the Goodman
Group, 4) Response letter from McAnly Engineering, 5) Response letter from Blair Foley, P.E.,
6) Master Site Concept Plan with Proposed Conservation Easement, 7) Plat of Embassy Woods
Golf and Country Club
Packet Page -183-
4/23/2013 9.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.A.
Item Summary: This item continued from the March 12, 2013 BCC meeting then further
continued from the April 9th BCC meeting. 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- PL20120002564, to
disclaim, renounce and vacate the County and the Public interest in a portion of the Upland
Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Embassy Woods Golf
and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47 through 49 of the Public
Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East,
Collier County, Florida, more specifically shown in Exhibit A and to approve the Grant of
Easement to replace the vacated U.R.O.S. easement.
Meeting Date: 4/23/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
2/14/2013 3:04:13 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
2/14/2013 3:04:14 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
Date: 2/15/2013 6:39:34 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 2/15/2013 8:28:03 AM
Packet Page -184-
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 2/15/2013 8:59:41 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 2/19/2013 4:27:10 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/20/2013 3:01:00 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/28/2013 11:08:44 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/12/2013 8:48:51 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/12/2013 10:02:17 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/12/2013 10:21:41 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/12/2013 3:12:57 PM
Name: OchsLeo
Title: County Manager
Date: 4/12/2013 5:01:54 PM
Packet Page -185-
4/23/2013 9.A.
4/23/2013 9.A.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC -
PL20120002564 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S),
BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND
COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK
17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5,
TOWNSHIP 50 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, Kirk Ritchie, of McAnly Engineering and Design, Inc. for the property owner, has
requested the vacation of the County and the public interest in a portion of the Upland
Recreational Open Space Easement (U.R.O.S), part of Tract "S" of Embassy Woods Golf and
Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public
Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26
East, Collier County, Florida, and more specifically described in Exhibit A; and
WHEREAS, at its February 12, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013 -26, approved the scheduling of a public hearing on
March 12, 201' ), or soon thereafter, 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 the Upland Recreational Open Space Easement (U.R.O.S), part of Tract "S" of
Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47
through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township
50 South, Range 26 East, Collier County, Florida, 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 recorded in Plat Book 17, Pages 47 through 49 of the
public records of Collier County, Florida.
Embassy Woods /Bretotme Park 1 of2
VAC- PL20120002564 — Rev. 4/2/13
Packet Page -186-
4/23/2013 9.A.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 23rd day of April, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
A Ap, roved as to form and legal sufficiency:
Emily R. Pepi
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location/Site Map
CP\ 1 2 -E1S- 02363 \40
Embassy Woods /Bretonne Park 2 of 2
VAC- PL20120002564 — Rev. 4/2/13
Packet Page -187-
6 WANLY ENGINEERING
IW\AND DESIGN INC.
CIVIL ENGINEERING
STRUCTURAL ENGINEERING
EXHIBIT A
LEGAL DESCRIPTION
U.R.O.S. EASEMENT TO BE
PARTIALLY VACATED
LOCATED IN TRACT S
EMBASSY WOODS GOLF AND COUNTRY
CLUB AT BRETONNE PARK
COLLIER COUNTY, FLORIDA
AUGUST 14, 2012
4123/2013 9.A.
LAND SURVEYING
COMMENCE AT THE SOUTHEAST CORNER OF TRACT'S' AS SHOWN ON THE PLAT OF EMBASSY
WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT
BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND
RUN THENCE: S89 °56'38 'W 292.32'; THENCE N01'1 0'36"W 405.45'; THENCE N88 °4924 "E 20.00'; TO
THE POINT OF BEGINNING; THENCE N019 0'36 "W 265.00'; THENCE N88 °49'24 "E 20.00'; THENCE
S01 0 10'36 "E 265.00; THENCE S88 °49'24 "W 20.00' TO THE POINT OF BEGINNING.
CONTAINING 5300 SQ. FT. OR 0.122 ACRES MORE OR LESS
THIS ljt, S CRITx ' ' 4 ' PREPARED BY
WILLIF,IV_ C. MCANL ' Y.S.M. 1543
2025 J & C BLVD SUITE 5
NAPLES FL 34109
VAC- PL20120002564 Rev:2
1518 GLEN EAGLE BLVD
DATE: 12/10/12
DUE: 12/26/12
2025 J &C BOULEVARD - SUITE 5
NAPLES, FLORIDA 34109 -5204
PHONE (239) 593 -3299 FAX (239) 593 -3298
Packet Page -188-
4/23/2013 9.A. .
EXHIBIT A
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PORTION OF U.R.O.S. EASEMENT TO BE VACATED
LEGAL DESCRIMON:
SEE LEGAL DESCRIPTION ON SHEET 1 OF 2
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THIS INSTRUMENT PREPARED BY & RETURN TO:
ROBERT E. MURRELL, ESQ.
SlMOUCE, MURRELL & GAL, P.A.
5405 PARK. CENTRAL COURT
NAPLES; FL 34109
239 - 596 -9522
ROBERTMURRELL a@ MGL.4WFIRM:COM
PARCEL LD,
LINE FOR
SPACE ABOVE THIS Ll
CONSERVATION EASEMENT
pf.
4/23/2013 9.A.'
THIS CONSERVATION EASEMENT given this _2L"- day of January, 2013, by
Glen Eagle Golf & Country Club, Inc.,, a Florida non- profit corporation ('hereinafter "Glen
Eagle" or "Grantor'), as Grantor, whose address is 1403 Glen Eagle Boulevard, Naples,
FL 34104 to Collier County, Florida, a political subdivision of the State of Florida
(hereinafter "Collier County" or "Grantee'7. Grantor and Grantee may hereafter be
collectively referred to as the "parties,"
WHEREAS, Glen Eagle is the owner of that certain tract of land located in Collier
County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the
"property'); and
WHEREAS, Collier County is requiring that this Conservation Easement
( "Easement ") be entered into and recorded in the land records of Collier County to bind
Glen Eagle and
WHEREAS, the parties wish to establish their respective rights and responsibilities
relative to the use and maintenance of the conservation area described in the attached
Composite Exhibit "B" (the Easement Property),
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier'
County as follows:
1. Glen Eagle hereby grants a non - exclusive easement to Collier County over and
across the property described as Exhibit "B" for the purpose of conservation. Collier
County shall have no responsibility for maintenance of the conservation easement.
1
0
4/23/2013 9.A.
2. No buildings, structures or impediments of any nature may be constructed,
placed or permitted on, over or across the Easement Property. No dumping or placing
of soil or other substances such as trash or unsightly or offensive materials shall be
permitted on the Easement Property. There shall be no removal or destruction of trees,
shrubs or other vegetation with the exception of exotic /nuisance vegetation removal.
Excavation, dredging or removal of soil material, peat, rock or other material substance
in such a manner as to affect the surface shall be prohibited on the Easement Property.
No dikes or fencing shall be permitted on the Easement Property. There shall be no
other activities detrimental to drainage, flood control, water conservation, erosion
control or fish and wildlife habitat conservation or preservation permitted on the
Easement Property. The Easement Property shall be in no way altered from its natural
or permitted state. The following exceptions apply:
a. Archaeological surveys or excavations are permissible for areas designated as
archaeological sites by the State or Federal governments or by Granted; or
b. Uses as permitted by Section 3.05.07.1-1 of the Collier County Land
Development Code.
3. Glen Eagle, Its successors or assigns shall bear the responsibility for maintaining
the Easement Property, including, but not limited to, regular maintenance as may be
required by any governmental agency having jurisdiction relative thereto. The
Easement Property shall at all times be maintained in accordance with applicable
requirements of the Collier County Land Development Code.
4. No right of access by the general public to any part of the Easement Property is
being conveyed. Collier County shall have the right of access to and use of the
Easement property for the purpose of making inspections; however, Collier County shall
have no obligation to maintain the Easement Property, nor shall Collier County have the
right to use the Easement Property for any purpose inconsistent with,the terms of this
Conservation Easement.
5. Grantor reserves all rights as owner of the Easement Property, including the
right to engage in uses of the Easement Property that are not prohibited herein and
which are not inconsistent with any County ordinance, regulation or development
permit, and the intent and purposes of this Conservation Easement.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the property.
7. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the properly.
B. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given If sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor in interest.
2
4/23/2013 9.A.
9. This Conservation Easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, successors or
assigns, which shall be filed in the public records of Collier County.
10. This Conservation Easement shall run with the land and shall be binding upon
and inure to the benefit of all present and future owners of any portion of the Property
and their successors and /or assigns, it being the intention of the Grantor that this
Conservation Easement be perpetual.
11. If any provisions of the Conservation Easement or the appitcation thereof to
any person or circumstances are found to be invalid, the remainder of the provisions of
this Conservation Easement shall not be affected thereby, as long as the purpose of the
Conservation Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise Its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's`rights hereunder.
13. The terms and conditions of this Conservation Easement may be enforced by
the Grantee by injunctive relief and other appropriate available remedies, and Grantor
consents that venue of such enforcement actions shall lie exclusively in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement
action in which the Grantee prevails, Grantee shall be entitled to recover reasonable
attorney's fees and costs in the trial and appellate courts in addition to the cost of
restoring the land to the natural vegetative and hydrologic condition existing at the time
of execution of this Conservation Easement or to the natural vegetative state required
for a development permit. These remedies are in addition to any other remedy, fine or
penalty, which may be applicable under Chapters 373 and 403, Florida Statutes.
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day
and year first above written.
Sign, sealed and,0elivered In the presence of:
WITNESS Glen Eagle Golf and Country Club, Inc.
a Florida non - profit corporation
Printed Marne: &Y&L 4jkLZo
Printed Name: A�717zi a �10
3
4/23/2013 9.A.
STATE OF FLORIDA )
COUNTY OF COLLIER)
The foregoing Instrument was subscribed, sworn and acknowledged before me this
9 day of January, 2013, by Mark Yegge, President of Glen Eagle Golf and
Country Club, Inc., a Florida non - profit corporation, and who is M' personally known to
me or [ ] who produced as identification.
NOTARY PUBLIC
Printed Name: JOE-a✓A d
or o ^w Notary Public Stets of Florida
y Eade O Sanbom
p� My Commission EE 208409
+r y�uFt%�" Ezpiro =OBH7f20f8
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Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, Chairwoman
Approved as to form and
Legal sufficiency:
Assistant County Attorney
2
MCANLY ENGINEERING
AND DESIGN INC..
CIVIL ENGINEERING
STRUCTURAL ENGINEERING
EXHIBIT "A"
4/23/2013 9.A. "
LAND SURVEYIN
LEGAL DESCRIPTION
TRACTS
EMBASSY WOODS GOLF AND COUNTRY
CLUB AT BRETONNE PARK
COLLIER COUNTY, FLORIDA
DECEMBER 27, 2012 `
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 50S, RANGE 26E, COLLIER
COUNTY FLORIDA AND RUN THENCE N00040'53 V 75.00' THENCE N89 °56'.13 "E 2657.31' TO THE
SOUTHEAST CORNER OF TRACT'S' AS SHOWN ON THE FLAT OF EMBASSY WOODS GOLF AND
COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT BOOK 17 PAGES 47
THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF
BEGINNING; RUN THENCE: S89 °56'13 'W 292.32'; THENCE N01'1 0'36"W 670.44; THENCE
589002'50 "W 77.24'; THENCE N52 °19'06 "W 50:08.; THENCE BY A NON - TANGENT CURVE TO THE
LEFT OF RADIUS 368.00' AN ARC DISTANCE OF 60.17' SAID ARC BEING SUBTENDED BY A CHORD`
BEARING N42013'42 "E 60.11'; THENCE N89 °02'50 "E 370.13'; THENCE S00°5TIO "E 750.00' TO THE
POINT OF BEGINNING.
CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS'
ILIAMN PREPARED BY
. McANLY P.S.M. 1543
2025 J & C BLVD SUITE 5
NAPLES,FL 34109
9
2025 J &C BOULEVARD - SUITE 5
NAPLES, FLORIDA 34109 -6204
PHONE (239) 593.3299 FAX (239) 593 -3298
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EXHIBIT "A"
AC OMPANY LEGAL DESCRIPTION
TRACT 'S'
BRITTANY PLACE PHASE 2
(PLAT BOOK 30, PAGE 29 THROUGH 31)
TRACT "S' CONTAINS 226.626 S.F.
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126,584 SO FT OR
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P.O.C.
SOUTHWEST CORNER
SECTION 5,T50S, R26E
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80' DRAINAGE EASEMENT
.N89156'13"E 2657.31'
NOO'40'53`W
75.00' DAVIS BOULEVARD (S.R. -84)
P.O.C.
SOUTHWEST CORNER
SECTION 5,T50S, R26E
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4/23/2013 9.A.
4/23/2013 9.A.
WANLY ENGINEERING
AND DESIGN INC,.
CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND .SURVEYING
EXHIBIT "B"
LEGAL DESCRIPTION
CONSERVATION EASEMENT
THROUGH TRACT S
EMBASSY WOODS GOLF AND COUNTRY
CLUB AT BRETONNE PARK
COLLIER COUNTY, .FLORIDA
DECEMBER 27, 2012
COMMENCE AT THE SOUTHEAST CORNER OF TRACT 'S' AS SHOWN ON THE PLAT' OF EMBASSY
WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE AS RECORDED IN PLAT
BOOK 17 PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND
RUN THENCE; S89 056' 13 "W 292.32'; THENCE N01 ° 1036 "W 80.02' TO THE POINT OF BEGINNING;
THENCE N01 °10'36 "W 590.43; THENCE 1488 049'24 "E 20.00'; THENCE SO1 °10'36 "E.318.12; THENCE
N88 049'24 "E 5.00'; THENCE N67 004'08 'E 246.55'; THENCE N00 °57' 10 "W 245;78'; THENCE S8.9 °02'50'V
325.31'; THENCE BY A CURVE TO THE LEFT OF RADIUS 408.00' AN ARC DISTANCE OF 43.89' SAID
ARC BEING SUBTENDED BY A CHORD BEARING N40 °06' 12'7E 43.87'; THENCE N00 °57' 10 "W' 11.98';
THENCE N89 002'50 "E 336.52'; THENCE S00 °57'10 "E 660.10'; THENCE S89056'38W 292.63' TO THE
POINT OF BEGINNING.
CONTAINING 126584 SQ. FT. OR 2.906 ACRES MORE OR LESS
THIS DESC N PREPARED BY
ALLIA-%Ml C P.S.M. 1543
2025 7 & C BLVD SUITE 5
NAPLES,FL 34109
2025 J&C BOULEVARD - SUITE 5
NAPLES, FLORIDA 341094204
PHONE (239) 593 -3299 FAX (239) 593 -3298
i
k
4
EXHIBIT "B"
SKETCH T ACCOMPANY LEGAL DESCRIPTION
y BRITTANY PLACE PHASE 2
C. (PLAT BOOK 30, PACE 29 THROUGH 31)
p�S S89'o2'50'W 325.31'
op
20.00, _
PROPOSED
CONSERVATION
EASEMENT THROUQi
TRACT 'S
S89'56'38'W 292.63'
N01'10'38'W
80.02' SO' DRAINAGE EASEMENT P.O.C.
S.E. COR
S89 '13"W. 292.32' TRACT 'S'
DAVIS BOULEVARD (S.R. -64)
CURVE DATA
CURVE
RADIUS
TRACT 'S' f
I LENGTH
I CHORD
I BEARING
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MAINTENANCE N
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W.EN EAR
1 43
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TRACT 'B'
TRACT S. ®ABA88Y WOODS GOLF AND
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124,027 SO FT
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CONSERVATION EASEMENT
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AFTER VACATION AND
0
ADDITION OF EASEMENTS
g
126,584 SO FT
NET GAIN OF 2,557 SO FT
SEMENT THRGUGH
g
126,584 2.906 AC+ F-/T --�
m
PROPOSED
CONSERVATION
EASEMENT THROUQi
TRACT 'S
S89'56'38'W 292.63'
N01'10'38'W
80.02' SO' DRAINAGE EASEMENT P.O.C.
S.E. COR
S89 '13"W. 292.32' TRACT 'S'
DAVIS BOULEVARD (S.R. -64)
CURVE DATA
CURVE
RADIUS
I DELTA
I LENGTH
I CHORD
I BEARING
Cl
4p . W'
1()6*09'W.l--4UV
W.EN EAR
1 43
40 jWlrE
PROPOSED FINAL EASEMENT CONFIGURATION
LEGAL D SCRUIMN.
SEE LEGAL DESCRIPTION ON SHEET 1 OF 2
WANLY ENGINEERING
W.EN EAR
CONSERVATION EASEMENT
AND DESIGN INC.
THROUGH TRACT '8'
DHGr OMC. PLAWNG, LAND 9.RtVE -
_
M5 .wC p A"ARD - sua e
TRACT S. ®ABA88Y WOODS GOLF AND
NAPLM nGxwA asp®
_
COUNTRY CWS AT BRETON NE PARK
(2330) 523-Xft FAX (i39 ) su-riw
4/23/2013 9.A.
4/23/2013 9.A.
Envisioning the Future
THE GOODMAN GROUP
Federal Express
October 25, 2012
Mr. Kirk Ritchie
McAnly Engineering and Design, Inc.
2025 J &C Boulevard, Suite 5
Naples, FL 34109
Re: Glen Eagle_ Maintenance Site - adjacent to Termcina Grand
Request for "Letter of No Objection"
Dear Mr. Ritchie:
We received your Vacation of Drainage Easement letter dated August 26, 2012, imreference to a pro posed
partial vacation of, and relocation of an existing Upland Recreational Open Space (UROS) Easement on I
the Glen Eagle Maintenance site. The existing UROS Easements are shown on Tract S (the Maintenance
Site) in Plat Book 17, Pages 47 through 49, Public Records of Collier County, Florida. The existing
UROS Easement to remain, and the proposed Conservation Easement ( "Proposed Easement Plan") are j
shown on your survey sketches attached in your letter. The survey sketches depict easements that will be
adjacent to and coincide with our Terracina Grand east property line.
Our engineer, James Carr, with Agnoli, Barber & Brundage, Inc., reviewed your request and
accompanying sketches and he requested additional information and clarification from you in order to
evaluate the effect of the Proposed Easement Plan on the Terracina Grand property. After reviewing all
of the information, we must object to the Proposed Easement Plan. Collier County Land Development
Code Section 3.05.07.H.3 states "...all principal structures shall have a minimum 25 foot setback from the
boundary of any preserve... ", and "...accessory structures and all other site alterattons shall have a
minimum 10 foot setback from the boundary of any preserve, unless it can be demonstrated that it will not
adversely impact the integrity of that preserve... ". This has potential to adversely ;impact our ability to
construct our perimeter road and landscaping adjacent to our east property line as currently planned for
our new development.
If you have any further questions regarding this matter, please contact James Litwin, Senior Project
Manager, at 952.361:8976 or james.litwinntheg:oodmangroup.com.
Sincerely,
TERRACINA, LLC d/b /a Terracina Grand
By: JBGE/Terracina, Inc.
Its: Managing Member
C�
Dan Peterka, Vice President
cc: James Litwin
1107 Hazeltine Boulevard Suite Zoo ■ Chaska,. Minnesota SS318
Telephone: y5z 1361 -8000 Packet Page -199- i www.thegoodmangroup.com
McANLY ENGINEERING
_ AND DESIGN INC.
w&\ r VIL C ENGINEERING STRUCTURAL ENGINEERING
December 6, 2012
COLLIER COUNTY
GROWTH MANAGEMENT DIVISION
PLANNING & REGULATION .
2800 Horseshoe Dr.
Naples, FL 34104
RE: RESPONSE TO REJECTION
PL20120002564, 1518 GLEN EAGLE BLVD Dear Intake Team:
4/23/2013 9.A.
LAND SURVEYING
VAC- PL20120002564 Rev:2
1518 GLEN EAGLE BLVD
DATE: 12/10/12
DUE: 12/26/12
The following are our answers to the comments in your letter of November 27, 2012.
Rejected Review: Environmental Review
Reviewed By: Summer Araque
Provide all the required paperwork for the Conservation Easement process. (LDC 3.05.07.H.1.d;
6.01.02.C.)
Additional Comments: The standard conservation easement to Collier County. Submit the following for recording the
Conservation Easement at next submittal to the INTAKE TEAM. This is a separate review and a fee is required.
According to Collier. County fee schedule: Conservation Easement
review fee -
$300.00 application fee plus the following additional site fee:
$200.00 forCE acres less than 5 acres;
In order for the County Attorney's office to be able to sufficiently approve a conservation easement, the applicant
must provide the following:
1. Conservation Easement (signed and sealed original) with referenced Exhibit depicting the site and legal description.
The attorney that prepares the document needs to fill out the information on the top left corner of page 1 that states,
"THIS INSTRUMENT PREPARED BY:"
McAnly reply = Please see attached letter from Blair Foley, PE
2. If using the standard Conservation Easement form, Exhibit A should be of the entire site and Exhibit B should be of the
conservation easement. Legal Description and Sketch are needed for both the entire site (Exhibit A) and the Conservation
Easement (Exhibit B). Check to make sure the legal description matches the sketch, and that they are describing the right
area. Exhibits must be signed and sealed. The applicant is supposed to Label the exhibits. Make sure the exhibits are
original signatures and sealed.
McAnly reply — Please see attached letter from Blair Foley, PE
2025 J&C BOULEVARD - SUITE 5
NAPLES, FLORIDA 34109 -6204
PHONE (239) 593 -3299 FAX (239) 593 -3298
Packet Page -200-
4/23/2013 9.A.
3. Title Opinion or attorney's title commitment ONLY for the Conservation Easement portion of the property that is less
than 30 days old. This title opinion should include supporting documentation as to ownership of the property and any
encumbrances affecting the property. Make sure this has the original signature.
All forms and requirements can be found online at:
http://www.colliergov.net/Index.aspx?page=326
If any of the above is not provided, the County Attorney's office will reject the package. Note: Once these items are
received, they will be forwarded to the reviewing attorney for sufficiency.
Submit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated, provide
FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.02.03.B.1.d)
McAnly reply — Please see attached letter from Blair Foley PE
Additional Comments: Provide an aerial with FLUCFCS showing the areas to be vacated and added.
Provide a separate planting plan for the created preserve in all 3 strata including a plant list with min. sizes, species,
spacing and temporary irrigation. Place a note on the plan stating that "the created preserve shall have 80% vegetative
coverage within 2 years of initial planting and shall be maintained in perpetuity." (LDC 3.05.07.H.l.e.ii).
McAnly reply — Please see attached letter from Blair Foley PE
Additional Comments: A planting plan shall be provided if any of the proposed areas are deficient. This cannot be
confirmed until the aerial is provided.
McAnly reply — Please see attached letter from Blair Foley PE
Additional Items that need to be addressed for Environmental Services Review:
Additional Comments: Staff will include a stipulation of approval that the note provided on the plat points to the UROS
area be added and indicates such in addition to the OR Book & Page.
McAnly reply — Please see attached letter from Blair Foley PE
Rejected Review: Engineering Surveyor Review
Reviewed By: Marcus Berman
Miscellaneous Corrections
Additional Comments: Please provide 2 more copies of the legal description (sign and sealed) of easement to be vacated.
The one submitted is partially blurred. Sketch is ok.
McAnly reply — Copies included with this reply.
On the sketch of the easement to be added, please change the southerly "Tract "S" Maintenance Site" note to "U.R.O.S.
Easement" as shown on the plat, and add a legend with "U.R.O.S. indicates Upland Recreational Open Space ". Please
resubmit 2 copies signed and sealed.
McAnly reply — Change has been made and Conies included with this reply.
Packet Page -201-
4/23/2013 9.A.
Please provide letters of no objection from Comcast.
McAnly reply— Letter received November 12th — Cooy included with this reply.
Please forward a copy of your response and /or an approval letter from the Goodman Group who rejected this vacation.
MCAnly reply
We have not responded to the Goodman letter and do not feel that it is our charge to respond.
However, It is my understanding that the restrictions are no more restrictive then the current zonine restrictions on the
Goodman property.
I also doubt that an Easement, created by Glen Eagles, across Glen Eagles property can legally adversely affect the
propertv rights (setbacks) of an adioining property.
If you have any questions, please contact me at (239) 593 -3299. Sincerely,
Kirk Ritchie
Survey Manager
Packet Page -202-
Blair A. Foley, P.E.
Civil Engineer / Development Consultant
December 6, 2012
Ms. Summer Araque
Collier County Development Services
2800 North Horseshoe Drive
Naples, FL 34104
Re: Glen Eagle Maintenance — Easement Vacation
Response to Environmental Issues
PL 20120002564
SECOND SUBMITTAL
Dear Ms. Araque:
4/23/2013 9.A.
VAC- PL20120002564 Rev:2
1518 GLEN EAGLE BLVD
DATE: 12/10/12
DUE: 12/26/12
Thank you for your efforts over the last few days to review and coordinate the items
listed under your RAI comments in the Petition. Additionally, your email dated 12.3.12
outlines the RAI items, and your revised responses (copy attached). Thank you for
resolving the issues quickly. Based on the below and our recent conversations, you can
now approved the Petition.
The following responses appear in the same order as the RAI and your email :
Rejected Review: Environmental Review
Reviewed By: Summer Araque
1. Provide all the required paperwork for the Conservation Easement process. (LDC
3.05.07.H.1.d;6.01.02.C.)
THIS WAS PROVIDED WITH THE RECENT SDP SUBMITTAL
CURRENTLY UNDER REVIEW.
2. Submit a current aerial photograph and clearly delineate the subject site bounddry lines. If
the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying
upland, wetland and exotic vegetation. (LDC 10.02.03.13.I.d)
THIS WAS PROVIDED WITH THE RECENT SDP SUBMITTAL
UNDER REVIEW.
Blair A. Foley, P.E., LLC • 120 Edgemere Way South • Naples, Florida 34105
239.263.1222 • Fax 239.263.0472 • Cellular 239.289.4900 • email: fols000@aol.com
Packet Page -203-
3. Provide a separate planting plan for the created preserve in all 3 strata including a plant
list with min. sizes, species, spacing and temporary irrigation. Place a note on the plan
stating that "the created preserve shall have 80% vegetative coverage within 2 years of
initial planting and shall be maintained in perpetuity." (LDC 3.05.07.H.1.e.ii).
IT IS REQUIRED BY THE LDC THAT IS THE AREA IS DEVOID
OF VEGETATION AFTER EXOTIC REMOVAL THAT
REPLANTING WILL BE REQUIRED. WE WILL ADD THIS AS A
STIPULATION TO THE SDP.
4. Additional Items that need to be addressed for Environmental Services
Review:
Additional Comments: Staff will include a stipulation of approval that the
note provided on the
plat points to the UROS area be added and indicates such in addition to the
OR Book & Page.
AS STATED IN THE COMMENT, THIS WILL BE A
STIPULATION
When the Resubmittal comes in, I will be able to approve.
Sunirner B..;Arracjue
Sensor Environmental SpecialisttEAC Liaison
Natural Resources Department
Collier County Government
2800 N Horseshoe Dr.
Naples, FL 34104
Phone: 239 - 252 -6290
My Desk Fax: 239 - 252 -6719
Thank you again for all of your help. I appreciate the effort you made to resolve this
project. If you have any questions, please contact me.
Sincerely,
Blair A. Foley, PE
President
Packet Page -204-
4/23/2013 9.A.
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30D )) Wednesday, February 20, 2013 )) N A P L E S DAILY NEWS
NOTICE OF PUBUC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, March 12; 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 VAC- PL20120002S64, TO DISCLAIM, RENOUNCE,
AND VACATE THE COUNTY AND THE PUBUC INTEREST IN A PORTION OF THE
UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF
TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK,
PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA..MORE SPECIFICALLY SHOWN IN EX-
HIBIT "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 ofy 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 resppective
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 testimon
and evidence upon which the appeal is based. y
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 bf County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara,
Deputy Clerk (SEAL)
Eebruary 20 & 27, 201
nl.. 4n—AA
Packet Page -207-
4/23/2013 9.A.
28D )? Wednesday, February 27, 2013 )) N A P L E S D A I LY N E W S
nUIIWdUle rrecierlCK MdIU1, �uw, ,
E10IM41411,141 ilk,
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTIOW 1�
Notice is hereby given that on Tuesday, March, 12, 2013, in the Board ,'df County
Commissioners Meeting Room, Third Floor, Collier Government ..1C enter, 3299
Tamiami Trail East, Naples, FL the Board of County Commissione�s (BC Q will
consider the enactment of a County Resolution. The meeting willdmmence 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 CO'dif'COUNTY,
FLORIDA, RELATING TO PETITION VAC- PL20120002564, TO DISCLAIM, RENOUNCE,
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING- A'_PART OF
TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETAI}INE PARK,
PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC :RPCpORDS OF
COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION S. TOWNSHI _.V SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. MORE SPECIFICALLY SHHONfIN IN- EX-
HIBIT "A ".
A copy of the .proposed Resolution is on file with the Clerk to the cB td. 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 re B i &r
with the
County Manager prior to presentation of the agenda item "to belptldressed,
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 encolir�ged. If
recognized by the Chairman, a spokesperson for a group or organizat'top, 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; Al 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
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: Martha Vergara,
Deputy Clerk (SEAL)
Packet Page -208-
4/23/2013 9.A.
26D N Wednesday, April 10, 2013 * N A P L E S DA I LY N E W S
NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION ,
Notice is hereby given that on Tuesday, April 23, 2013, 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 9:60 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- PL20120002564, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION
OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART
OF TRACT "S" OF EMBASSY WOODS GOLF .AND COUNTRY CLUB AT BRETONNE
PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5, TOWNSHIP
50 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
County Manager prior to presentation of the agenda , to be addressed.
Individual speakers will be limited to 3 minutes on any itm. 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 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
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
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By Ann Jennejohn
Deputy Clerk (SEAL)
Aori1 10 & 17. 2013 No_ 1984619
Packet Page -209-
4/23/2013 9.A.
26D a Wednesday, April 17, 2013 N N A P L E S DA I LY N E W S
NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION
Notice is hereby given that on Tuesday, April 23, 2013, 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 Resolution is as follows:
RESOLUTION NO. 2013 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER'
COUNTY, FLORIDA, RELATING TO PETITION VAC- PL20120002564, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION
OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART
OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE
PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION S. TOWNSHIP
50 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
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 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'
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 Ann.lennejohn
Packet Page -210-
4/23/2013 9.A.
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4/23/2013 9.A.
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4/23/2013 9.A.
BermanMarcus
crom:
HouldsworthJohn
.lent:
Wednesday, April 17, 2013 7:04 AM
To:
Fols000 @aol.com; robertmurrell @smglawfirm.com; McKennaJack; BermanMarcus;
BellowsRay; BrownAraqueSummer
Cc:
burt.saunders @gray - robinson.com
Subject:
RE: Glen Eagle Maintenance Facility - Easement Vacation
Blair,
Thank you for the Meeting Notes. Please revise the accessory structure setback requirement reference to 10', per the
current LDC requirement. Thanks, John
From: Fols000(aaol.com [mailto:Fols000(daol.com]
Sent: Tuesday, April 16, 2013 2:53 PM
To: robertmurrell(&smglawfirm.com; McKennaJack; BermanMarcus; HouldsworthJohn; BellowsRay; BrownAraqueSummer
Cc: burt.saunders(a gray- robinson.com
Subject: Glen Eagle Maintenance Facility - Easement Vacation
Good Afternoon:
Thank you for those who attended the meeting on 4.11.13 at Collier County Government, to discuss the project.
Below is a brief summary of the issues discussed, related to the request for a Vacation of UROS easement at the Glen
Eagle Maintenance Facility and the subsequent proposed addition /creation of Preserve on the +/- 5.0 acre tract.
Please reply with any thoughts and comments.
1. The Glen Eagle Maintenance Facility is currently under construction as approved by SDP AR 14268.
2. The proposed vacation of easement is shown on the attached exhibit. It represents an area of +/- 5,300 SF that is
currently UROS which is proposed to be vacated.
All existing UROS on this parcel (Tract S) will be converted to Conservation Easement, per Collier County.
As a companion to this request, an additional strip of Conservation Easement (7,876 SF) running along the West property
line (adjacent to Terracina) is proposed.
The overall difference is a net gain of Conservation Easement to Collier County, in the amount of +/- 2,557 SF.
3. Concern from Terracina has been presented in the form of an objection letter, representing setbacks from the
proposed strip of new Conservation Easement and how it may affect their property.
4. SFMWD permit approval drawings show the proposed new phase of Terracina, and the cross section along their East
property line (copy attached).
5. Current Collier County LDC setbacks from a Conservation Easement to an accessory structure is 15'.
6. Terracina's plan shows a landscape buffer along this property line of 15' (cross section attached).
7. Terracina's approved SFWMD plan currently shows the necessary 15' setback to the proposed Conservation
Easement, in the form of a landscape buffer. The access road is proposed adjacent, and just West of the buffer.
8. Based on the current data available and Rules and Regulations in effect at this time, it appears that no substantive
negative impact to the Terracina property exists.
Thank you all for your participation.
Packet Page -214-
4/23/2013 9.A.
Blair A. Foley, PE
President
Blair A. Foley, PE, LLC
120 Edgemere Way South
Naples, FL 34105
t. 239.263.1222
f. 239.263.0472
From: blairfoley(a)comcast.net
To: fo1S000(a)aol.com
Sent: 4/16/2013 12:25:40 P.M. Eastern Daylight Time
Subj: Glen Eagle Maintenance Facility - Easement Vacation
Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
Packet Page -215-
April 17, 2013
Blair Foley, P.E.
Blair A. Foley, P.E., LLC
120 Edgemere Way South
Naples, FL 34105
Re: Zoning Verification Letter ZLTR -PL- 20130000445; 1516 Glen Eagle Blvd., Collier County,
Florida, Folio Number 31055003351
Dear Mr. Foley:
Thank you for your request for Zoning Verification.
The subject property is zoned Planned Unit Development (Bretonne Park PUD).
You requested verification of the following: Setback criteria related to conservation
easement being created as it relates to surrounding properties.
The vacation of an Upland Recreation Open Space (UROS) Easement and the creation of a
similar sized UROS Easement to the south is proposed. A 25 -foot preserve- setback is required
around a preserve, but is not enforced on adjacent property, although voluntary compliance is
encouraged. Therefore, the new easement location will not affect development of the adjacent
property.
Please be advised that the information presented in this verification letter is based on the LDC
and /or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It
is also possible that development of the subject property could be affected by other issues not
addressed in this letter, such as, but not limited to, concurrency related to the provision of
adequate public facilities, environmental impact, and other requirements of the LDC or related
ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by:
Fred_Reischl, AICP, Senior Planner
Planning & Zoning
cc: Laurie Beard, PUD Tracking
Annis Moxam, Addressing Section
0`9
Reviewed by:
1`yr O (J °ir
Raymond V. Bellows, Zoning Manager
Planning & Zoning�� RG Yt l ta��
Planning & Zoning Department • 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 a www.colliergov.net
Packet Page -216-