Agenda 09/10/2013 Item #16A 5 9/10/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of
10th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier
County, Florida, also being a part of Section 3, Township 47 South, Range 29 East, Immokalee,
Collier County, Florida. (Petition VAC-PL20130001313)
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No.
2006-160, the Board of County Commissioners (Board) must authorize a public hearing to
consider the vacation of a portion of any type of public road right-of-way.
CONSIDERATIONS: The Engineering Services Department has received a request from
Thomas K. Boardman. of Thomas K. Boardman, P.A., as agent for the property owner. This
request is to vacate a portion of 10th Street as shown on the plat of Eastover, Plat Book 1 Page
97, of the Public Records of Collier County, Florida, also being a part of Section 3, Township 47
South, Range 29 East, Immokalee, Collier County, Florida.
The Engineering department has reviewed this petition and found no reason for objection.
The portion of 10th Street has never been improved or used as a means of legal access or transit
by any property owner that would be affected by the vacation. In past years, a number of acts of
vandalism and theft have taken place by suspects who enter packing-houses and other properties
in the vicinity of 10th Street. They access this area using that portion of 10th Street which the
applicants seek to vacate. The closing of this road, will allow the affected property owners the
opportunity to legally eliminate this access, and will stop these practices. The vacation of this
property, which has never been used as a public road right-of-way. will allow the property to be
placed on the tax rolls and revenue derived in the form of property taxes.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10,
Florida Statutes and Resolution No. 2006-160, and the adjoining property owners will be given
notice as well.
FISCAL IMPACT: The application fee of 52,100.00 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 approved as to form and legality, and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board endorse staff's recommendation to schedule a public
hearing to consider vacating a portion of 10th Street as shown on the plat of Eastover, Plat Book
1 Page 97, of the Public Records of Collier County, Florida, also being a part of Section 3,
Township 47 South, Range 29 East, Immokalee, Collier County, Florida. (Petition VAC-
PL20130001313).
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9/10/2013 16.A.5.
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation.
Attachments: 1)Resolution, 2)Location-Site Map
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9/10/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of 10th Street as shown on the plat of Eastover, Plat Book 1 Page
97, of the Public Records of Collier County, Florida, also being a part of Section 3, Township 47
South, Range 29 East, Immokalee, Collier County, Florida. (Petition VAC-PL20130001313)
Meeting Date: 9/10/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
7/22/2013 2:14:34 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
7/22/2013 2:14:36 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Enviromn
Date: 7/22/2013 2:37:53 PM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 7/22/2013 2:42:18 PM
Name: KurtzGerald
Title: Project Manager. Principal,Transportation Engineer
Date: 7/22/2013 3:56:29 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/9/2013 2:39:38 PM
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9/10/2013 16.A.5.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/15/2013 10:00:51 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/20/2013 11:24:37 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/22/2013 4:41:11 PM
Name: OchsLeo
Title: County Manager
Date: 8/23/2013 10:40:33 AM
"lots Amok
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9/10/2013 16.A.5.
RESOLUTION NO. 2013 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC
INTEREST IN VACATING A PORTION OF 10111 STREET AS SHOWN ON
THE PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF
SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE,
COLLIER COUNTY, FLORIDA, (VAC-PL20130001313)
WHEREAS. Petitioner. Thomas K. Boardman, of Thomas K. Boardman, P.A., has
requested that a public hearing be held pursuant to Resolution No. 2006-160. to consider
disclaiming, renouncing and vacating the County and public interest in a portion of 10th Street as
shown on the plat of Eastover, Plat Book 1 Page 97, of the public records of Collier County.
Florida. also being a part of Section 3, Township 47 South. Range 29 East. lmmokalee, Collier
County.Florida,being more specifically shown 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 right-
of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No.
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 right-of-way will
be held on the 22nd day of October, 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 10th day of September, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk GEORGIA A. HILLER. ESQ.
Chairwomat.
Approved as to form and legality:
Emily R. Repin
Assistant County Attorney
Attachments: I)Exhibit A. 2) Location-Site Map
CP:13-EIS-02492'\10
Rev. 8/12/13
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9/10/2013 16.A.5.
EXHIBIT A u.
Legal Description of Property to be vacated:
That portion of 10th Street,lying South of State Road 29,and Northerly of an extension of the
Southerly boundary line of Lot 6.Block 1,Eastover Subdivision, as per plat thereof,as recorded
in Plat Book 1,Page 97,of the Public Records of Collier County.Florida.
ANN
Asses
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