Agenda 05/28/2013 Item #16A4 5/28/2013 16.A.4.
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 adopt a
Resolution to hold a public hearing to consider vacating a portion of the Drainage Canal Easement,
recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida,
also being a part of Section 19, Township 50 South,Range 26 East, Collier County, Florida. Part of
the Sabal Bay PUD.Application No.VAC-PL20130000413.
OBJECTIVE: Pursuant to Sections 125.01 and 125.37, Florida Statutes and Resolution 2006-
160, the Board of County Commissioners must authorize a public hearing to consider the
vacation of a portion of any public easement.
CONSIDERATIONS: The Engineering Services Department has received a request from John
English of Peninsula Engineering, as Agent for the property owner. This request is to vacate a
portion of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of
the Public Records of Collier County, Florida, also being a part of Section 19, Township 50
South, Range 26 East, Collier County,Florida.
Upon the vacation of the canal easement a seawall will be erected to allow for the widening of
the canal, improve the views for the patrons of the property and will be replaced with an Access
and Maintenance Easement which will allow access to the proposed seawall and dock facility for
maintenance purposes as shown on the attached site plan. A copy of the Dedication and
Conveyance of easement for access and maintenance is attached.
The hearing will be advertised in a local paper of general circulation pursuant to Resolution
2006-160, and.the adjoining property owners will be given notice as well. The proposed
dedication and conveyance of easement for access and maintenance will be approved for
recording at the public hearing.
FISCAL IMPACT: The application fee of $2,100.00 covers staff review and processing.
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 approved as to form and legality, and requires majority vote for approval. -ERP
RECOMMENDATION: Recommendation that the Board of County Commissioners
endorses staff's recommendation to schedule a public hearing to consider vacating a portion
of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the
Public Records of Collier County, Florida, also being a part of Section 19, Township 50
South,Range 26 East, Collier County,Florida. Application No. VAC-PL20130000413.
Packet Page-407-
5/28/2013 16.A.4.
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1)Resolution, 2)Dedication and Conveyance of Easement for Access and
Maintenance, 3) Site Plan showing proposed Access Road and Seawall
CAO 13-EIS-02439/11
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5/28/2013 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
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 adopt a Resolution to hold a public hearing to consider vacating a portion
of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public
Records of Collier County, Florida, also being a part of Section 19,Township 50 South, Range 26
East, Collier County, Florida. Part of the Sabal Bay PUD. Application No.VAC-PL20130000413.
Meeting Date: 5/28/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
5/2/2013 8:41:30 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
5/2/2013 8:41:32 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
Date: 5/6/2013 8:22:17 AM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 5/6/2013 4:21:34 PM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 5/7/2013 3:16:40 PM
Packet Page-409-
5/28/2013 16.A.4.
Name: KurtzGerald
Title:Project Manager,Principal,Transportation Engineer
Date: 5/8/2013 5:36:10 PM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 5/15/2013 10:04:26 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/15/2013 2:15:25 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/16/2013 3:17:01 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/17/2013 9:36:54 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/19/2013 10:17:50 AM
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5/28/2013 16.A.4.
RESOLUTION NO. 2013 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC
HEARING FOR CONSIDERATION OF PETITION VAC-
PL20130000413, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND PUBLIC INTEREST IN A PORTION OF THE
DRAINAGE CANAL EASEMENT RECORDED IN OFFICIAL
RECORD BOOK 4385, PAGE 3675 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA,ALSO BEING A-PART OF SECTION
19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT"A".
WHEREAS, Petitioner, John English of Peninsula Engineering, as Agent for the
property owner, has requested that a public hearing be held pursuant to Sections 125.01 and
125.37, Florida Statutes, and Resolution 2006-160 to consider disclaiming, renouncing and
vacating the County and Public interest in a portion of the Drainage Canal Easement recorded in
Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, also
being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, more
specifically described in Exhibit"A"attached hereto; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing and vacating the County's interest in the
above described Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Section 125.01
and 125.37, Florida Statutes, and Resolution 2006-160, in a regular session of the Board of
County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the
County's interest in the above described Easement will be held on the 9th day of July, 2013 at
9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3299 Tamiami Trail East,Naples, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 28th day of May, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman
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5/28/2013 16.A.4.
Approved as to form and legal sufficiency:
mily R. ':pin
Assistant County Attorney
13-EIS-02434/12
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Stantec
EXHIBIT "A"
Legal Description of part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida
(Easement)
Commencing at the Easteriymost Corner of Tract"H"according to the plat of Saba! Bay
Commercial Plat-Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of
Collier County, Florida and also being a point of the southwesterly Right of Way of State Road
No. 90(US 41).
Thence along said Right of Way South 39°03'59"East 748.70 feet to a point on a Drainage
Easement as recorded in Official Records Book 4385, Page 3675 of the Public Records of
Collier County, Florida and the Point of Beginning;
Thence continue along said Right of Way and along said Drainage Easement
South 39°03'59" East 42.00 feet;
Thence leaving said easement South 66°29'47"West 45.18 feet;
Thence South 41°05'31"West 377.34 feet;
Thence South 38°13'12"West 44.53 feet;
Thence South 07°54'34"West 115.97 feet;
Thence North 64°23'27"West 24.01 feet;
Thence South 26°07'40"West 116.58 feet;
Thence North 39°02'44"West 44.07 feet to a point of said Drainage Easement for the
following three(3) courses;
1)North 26°07'40"East 137.30 feet;
2) 121.70 feet along the arc of a circular curve concave southeast having a radius of
465.97 feet through a central angle of 14°57'51"and being subtended by a chord which
bears North 33°36'36" East 121.35 feet;
3) North 41°05'31" East 425.38 feet to the POINT OF BEGINNING.
Containing 0.46 acres or 20,031 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida
State Plane-East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization#LB-7866
By: 1/15/13
Lance T Miller, Professional Surveyor and Mapper#LS5627 Date
Not Valid unless embossed with the Professional's Seal
REF: 2D-142
Rev 2-1-2013, Rev 4-25-13
Packet Page-414-
5/28/2013 16.A.4.
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I A REVISED A.E./M.E.PER OWNER AND COUNTY COMMENTS.\ ';--.---- --'-'''''--`-'"
s OWNER/CLIENT/CONSULTANT- PROJECT. TITLE SEC:19 TWP.50S ROE:26E
PENINSULA44 SABAL BAY Designed by. DEVI
• ENGINEERING' COLLIER LAND
COMMERCIAL SITE PLAN Drawn by
Date: CJ
FEB 2013
i.: 2600 Golden Gate Parkway DEVELOPMENT, EASEMENT Drawmg Scale
:,:-, Naps,Florida 34105 PLAT - PHASE Project Number P-CEMI-002-001
. Phone.239.403.6700 Fax:239.261.1797 INC. VACATION Fie NurntRfCEMI-002-001-XO8A rev01
-,-;
Email:info@pen-eng com rni I P
Website:www.pen.eng.com
7 Florida Certificate of Authonzation#26275 Packet Page-416- Sheet Number 1 of 1
5/28/2013 16.A.4.
Prepared by/Retum to:
Michael E.Botos
Cozen O'Connor
One North Clematis Street,Suite 510
West Palm Beach,FL 33401
DEDICATION AND CONVEYANCE OF EASEMENT
FOR ACCESS AND MAINTENANCE
THIS DEDICATION AND CONVEYANCE OF EASEMENT FOR ACCESS AND
MAINTENANCE ("Easement") is entered into as of the day of , 2013, by
and between MINTO SABAL BAY, LLC, a Florida limited liability company ("Grantor"),
whose address is 10150 Highland Manor Drive, Suite 200, Tampa, Florida 33610, and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns
(the"Grantee"),whose address is 3301 Tamiami Trail East,Naples, Florida 34112.
WHEREAS, Grantee was granted a drainage easement pursuant to the Dedication and
Conveyance of Drainage Easement and Release of Original Easement recorded August 12, 2008
in Official Record Book 4385, Page 3675 of the Public Records of Collier County, Florida (the
"Canal Easement"); and
WHEREAS, Grantee, by Resolution No. - , vacated that portion of the Canal
Easement described in Exhibit A attached hereto (the "Vacation"); and
WHEREAS, as a condition of the Vacation, Grantor is required to grant and convey to
Grantee an access and maintenance easement (the "Access and Maintenance Easement") over
and across the property described in the attached Exhibit A (the "Easement Area") on the terms
set forth herein.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), as well as other
good and valuable considerations, receipt and sufficiency of which are hereby acknowledged by
Grantor,the parties agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Grantor hereby dedicates, grants and conveys to Grantee a perpetual, non-exclusive
easement, license and privilege to enter upon the property described in the attached Exhibit A
for the purpose of performing maintenance on the adjoining Canal Easement.
LEGAL\15583184\7
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5/28/2013 16.A.4.
3. Grantee shall have no liability for damage to improvements located within the
Easement Area arising by virtue of Grantee's exercise of its access rights pursuant to this
Easement. Grantee needs a continuous area of 20 feet in width for maintenance equipment.
4. Grantor specifically reserves the right to full use and enjoyment of the area within the
Access and Maintenance Easement for all uses and purposes not inconsistent with the right
conveyed to Grantee pursuant to this Easement, including, but not limited to, Grantor's right to
secure the area within the Access and Maintenance Easement from access by the general public
by any lawful means as Grantor may deem necessary or desirable, including, but not limited to,
the construction of security fencing and gates. However, Grantee shall have unlimited right to
the Access and Maintenance Easement at all times.
5. Nothing contained herein shall be construed as creating an easement or any other
right in favor of the general public in and to the area within the Access and Maintenance
Easement or for any recreational use of the area within the Access and Maintenance Easement.
6. Nothing in this Easement shall be deemed or construed by either party or by any third
person to create the relationship of principal and agent or of a limited or general partnership or of
joint ventures or of any other association between the parties hereto.
7. Nothing in this Easement shall be construed as creating an obligation on the part of
the County to perform any maintenance on the adjoining Canal Easement, except for that which
the County may voluntarily decide to perform.
8. It is intended that each of the easements, covenants, conditions, restrictions, rights
and obligations set forth herein shall inure to the benefit of the respective parties and their
and assigns.
9. This Easement shall be recorded in the public records of Collier County, Florida at
Grantor's cost.
10. The laws of the State of Florida shall govern the interpretation of the validity,
performance and enforcement of this Easement.
[remainder of page intentionally left blank]
[signatures and acknowledgments on following page]
2
LEGAL\15583184\7
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IN WITNESS WHEREOF, Grantor has caused this Easement to be executed this
day of , 2013.
MINTO SABAL BAY, LLC, a Florida
limited liability company
By:
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2013, by as the
of Minto Sabal Bay, LLC, a Florida limited liability company, on behalf of the company, who is
personally known to me or has produced as identification.
Notary Public
Print Name:
Commission No.
My Commission Expires:
[GRANTEE'S SIGNATURE ON FOLLOWING PAGE]
3
LEGAL\15583184\7
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IN WITNESS WHEREOF, Grantee has caused this Easement to be executed this
day of , 2013.
COLLIER COUNTY FLORIDA, a political
Attest: subdivision of the State of Florida
By:
Approved as to form and legal sufficiency:
Print Name: Georgia A. Hiller, Esq.
Title: Chairwoman
Print Name: Emily R. Pepin
Assistant County Attorney
4
LEGAL\15583184\7
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EXHIBIT A
Stantec
Legal Description of part of Section 19,
Township 50 South,Range 26 East,Collier County, Florida
(Easement)
Commencing at the Easterlymost Corner of Tract"H"according to the plat of Saba!Bay
Commercial Plat-Phase One,as recorded in Plat Book 38,Pages 81-84,Public Records of
Collier County,Florida and also being a point of the southwesterly Right of Way of State Road
No.90(US 41).
Thence along said Right of Way South 39°03'59"East 748.70 feet to a point on a Drainage
Easement as recorded in Official Records Book 4385,Page 3675 of the Public Records of
Collier County,Florida and the Point of Beginning;
Thence continue along said Right of Way and along said Drainage Easement
South 39°03'59"East 42.00 feet;
Thence leaving said easement South 66°29'47"West 45.18 feet;
Thence South 41°05'31"West 377.34 feet;
Thence South 38°13'12"West 44.53 feet;
Thence South 07°54'34"West 115.97 feet;
Thence North 64°23'27"West 24.01 feet;
Thence South 26°07'40"West 116.58 feet;
Thence North 39°02'44"West 44.07 feet to a point of said Drainage Easement for the
following three(3)courses;
1)North 26°07'40"East 137.30 feet;
2)121.70 feet along the arc of a circular curve concave southeast having a radius of
465.97 feet through a central angle of 14°57'51"and being subtended by a chord which
bears North 33°36'36"East 121.35 feet;
3)North 41°05'31"East 425.38 feet to the POINT OF BEGINNING.
Containing 0.46 acres or 20,031 square feet,more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59"East,Florida
State Plane-East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization#LB-7866
By: --' 1/15/13
Lance T Miller,Professional Surveyor and Mapper#LS5627 Date
Not Valid unless embossed with the Professional's Seal
REF:2D-142
Rev 2-1-2013,Rev 4-25-13
5
LEGAL\15583184\7
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