Agenda 09/10/2013 Item #16A 7 9/10/2013 16.A.7.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to hold a public hearing to consider vacating a
portion of Mamie Street as shown on Exhibit A, being a part of Section 36, Township 53
South,Range 29 East, Chokoloskee, Collier County, Florida.
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No.
2006-160, the Board of County Commissioners must authorize a public hearing to consider the
vacation of a portion of any type of public road right-of-way.
CONSIDERATIONS: Pursuant to a settlement agreement with the underlying and nearby
property owners approved by the Board on July 9, 2013, Item #16.K.1, COLLIER COUNTY,
FLORIDA has requested to vacate a portion of the public road right-of-way known as Mamie
Street in Chokoloskee, being a part of Section 36, Township 53 South, Range 29 East, Collier
County, Florida. The existing right-of way runs through the property of Florida Georgia Grove,
LLP and leads to Ted Smallwood's Store. This right-of-way also provides access to property
owned by the Vaughns. The settlement agreement between the parties provides for a private right
of access to Ted Smallwood's Store and the Vaughns over Florida Georgia Grove's property,
and the County has agreed to initiate the vacation process to extinguish the right-of-way
dedicated to the public over Florida Georgia Grove's property. The portion to be vacated is
depicted in Exhibit A of the attached Resolution.
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: Fees associated with the vacation application process have been waived.
Cost of advertising will be approximately $400.00.
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 of County Commissioners endorse staff s
recommendation to schedule a public hearing to consider vacating a portion of Mamie Street as
shown on Exhibit A, being a part of Section 36, Township 53 South, Range 29 East,
Chokoloskee, 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) Exhibit A, 3)Location-Site Map
13-EIS-02496\6
Packet Page-354-
9/10/2013 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Mamie Street as shown on Exhibit A, being a part of Section 36,
Township 53 South, Range 29 East, Chokoloskee, Collier County, Florida.
Meeting Date: 9/10/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
7/30/2013 1:34:59 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
7/30/2013 1:35:00 PM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
Date: 7/30/2013 2:05:34 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 8/1/2013 3:24:28 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/14/2013 4:37:29 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/19/2013 7:40:36 AM
Packet Page-355-
9/10/2013 16.A.7.
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 8/21/2013 8:57:49 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 2:50:36 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2013 4:18:00 PM
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 10:38:01 AM
Aikk
AIONtok
Packet Page-356-
9/10/2013 16.A.7.
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 MAIVIIE STREET
AS SHOWN ON EXHIBIT A, BEING A PART OF SECTION 36,
TOWNSHIP 53 SOUTH, RANGE 29 EAST,CHOKOLOSKEE, COLLIER
COUNTY,FLORIDA.
WHEREAS. Petitioner, COLLIER COUNTY, FLORIDA. has requested that a public
hearing be held pursuant to Sections 336.09, Florida Statutes, and Resolution No. 2006-160, to
consider disclaiming, renouncing and vacating any claimed public ROW or prescriptive
easement to the County and the public in a portion of Mamie Street. being a part of Section 36.
Township 53 South. Range 29 East. Chokoloskee, 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 any County interest in the above
described easements.
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 Count). 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, ard 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.
Chairwoman
Approved as to form and legality:
G f •
Emily R. Pept.n
Assistant County Attorney
Attachments: 1) Exhibit A. 2) Location-Site Map
CP\13-EIS-02496\7
Packet Page -357-
9/10/2013 16.A.7.
N
O
O
� poi- h u = O's
U-1 e, p , C\!
N r mZw Q 3
- � N a 2l. or 2
u U!.V)Z- �_..',. c w
C tf')K-C 16��i? s W .-
Ca Ili �� ,�; o h 1 a.g
o 'c j i`w.1j a U a.a¢ g o
�Z tLNm � �Jo. Zaha� x-,-zz a3h a> :3
wtti.i-ZE6 8'
to O �\ i- $ p o�_LL a ,, 70 W Z2 a
SLL, g Z h� 7t:a`" T w Ts U• O Et- to tt r c..
aw
`� > F- ht -Z_=q L?al
j�� 1 L �� v ooy� n> Soo
`-'` ffimmov. Ili a. O CA � u.
3/11Nt]QCOMTNWS3NI11I30,13) J z 9COLLMS3N111Sn .5,- U
O 8 S N
r u t s Z.0..1,g GOO w �1
2
. / 1
C U=• /
O
MJ1
E
• CU 8 r z
- a.n:.
/ (§ O ' .CC
c
H2 -ll"
as, $
IV E
?3•\ ,_
•
WJ ......, .
Yf co I .
0 31 h CpQ Z v N
0 nl 4
o .-4-c
u h� iai '-�V 07 ��
v� a ° 0a �o �`s m Sm
VPy U-->� 'el
",7"„,,..,:e7:71,-,L.ee \‘‘fh_ 1 i g•I '''''''..,,,.....,,,
i '''''
w w,- .� r�
W 3., b9Di tap_lOS M• 14&73 'N£t,y...'S Cif
N...` _133NJ5_31WWW.: " ;
h� �,'L' It Wu,'M.tr,6ctOh' Zttta. w 36t[�� :;._. ■
j 2.' .d6d9 .�t t.� AlittAr
vyd \ m
\\ o 06
/ F
Packet Page -358-
9/10/2013 16.A.7.
Growth Management Division
ErigIneering Services:
EXHIBIT A
Description of part of Section 36, Township 53 South. Range 29 East, Collier County.Florida.
(Proposed Roadway Easement over a portion of existing paved Mamie Street.
Chokoloskee, Florida.)
All that part of Section 36,Township 53 South,Range 29 East, Collier County,Florida. being
more particularly described as follows:
Commencing at the east 1/4 corner of said Section 36:
Thence on an assumed bearing of N. 00°12'14"E.. along the east line of said Section 36.also
being the centerline of Smallwood Drive(5(' ROW), a distance of 577.74 feet to the centerline
of Chokoloskee Drive (50' ROW);
Thence N. 84'5750- W. along the centerline of said Chokoloskee Drive,a distance of 169.01
feet to an angle point in said centerline:
Thence N. 76'02'51-W. along said centerline,a distance of 408.84 feet to an angle point in said
centerline.
Thence leaving said centerline. S. 23'34'59"W.,a distance of 28.55 feet to a point on the south
right-of-wa\ line of said Chokoloskee Drive:
Thence along said right-of-way line S. 84°52'07" W. a distance of 231.34 feet to the Point of
Beginning of the hereinafter described easement, being 17 feet in width more or less and
overlaying the existing paved Mamie Street:
Thence leaving said south right-of-way line of Chokoloskee Drive S. 2102522" W. a
distance cif 13;).1' feet:
Thence S. 2512'21- W. a distance of 43.07 feet to the beginning of a circular curve concave
to the east and having a central angle of 33°52'01.".a radius of 210.04 feet, an arc length of
124.15 feet. a chord of 122.35 feet and a chord bearing of S. 17'30'17- W. to the end of said
curve:
Thence S. 01°39'47" E. a distance of 248.59 feet:
Thence S. 06°01'42' W. a distance of 63.42 feet:
Thence S. 02"23'49- W. a distance of 84,43 leer to a point on the west line of lot 12.
Smallwood's Division.as recorded in Plat Book 1,page 27 of the Public Records of Collier
County, Florida:
Thence along said west line of lot 12. S. 28°11'20" W. a distance of 39.07 feet:
Thence leaving said west line of lot 12.N. 02°23'49"E. a distance of 120.15 feet;
Thence N. 06°01'42" E. a distance of 62.82 feet:
Page 1 of 2
Packet Page -359-
9/10/2013 16.A.7.
Amok
Manaemerg Division
Enomeenric Sevres
Thence N. 01'3947- V . a distance of 247.77 feet to the beginning of a circular curve
concave to the east and having a central angle of 33°35'57-, a radius of 227.04 feet, an arc
length of 133.1z- feet. a chord length of 1.";1.24 feet and a chord bearincr of N. 171705- L. to
the end of said curve:
Thence N. 2.5'12'21- E a distance of 41.17 fee::
Thence N. 2125-12" H. a distance of 130.06 feet to the south right-of-way line of
Chokoloskec Drive.
Thence along said south right-of-way hue. N. 84c'5207- E. a distance of 19.00 feet to the
Point of Beginning of the easement herein described.
Containing 0.2S Acres more or less.
Subject to easements and restrictions of record
Bearings are assumed and based on the cast line of Section 36. being N. 001214-E.
Agooto,„
Prepared B
- ,
Marcus L. Berman_ P.S.m.
Florida Surveyor and Mapper. LS.I±5086
Collier County Surveyo?
Fate: .1uly ""'. 20
Reference:
Page 2 of 2
Packet Page -360-
9/10/2013 16 A 7
,_____ . .
. ,
ILL.!,
----------
- - -
. ...„.? .
LI
.; .,S r■ , ..,_
_
4.
.0,,
. "(t
, <0
at 11 LU< --,,, , -•-...„'.., , .
' C.4
e..
co
..., C
.. s_
, cO
• ' ----. 1331.1.S DIAIVN - .: N
, E a
i
— ,
"-• -7., -g
/
E i g
. . _
/
/
vz c. z co
. o
•0.,.:0 ..,4
2 05 8 t.trq: t
tLa-,',0 -4 6
?_4m E t c,-,7":"- rn
\--/--\\N_/_____-------"-- - •0.=.1...- 0
I ,
1 , .
-',,,: t7..Gi.1.•27-
;;;:164")c:; ...rz
..,,„.2;.-...5ci re
c,.. .....,:a..u.;c.c..,
. ,
. _
— LLJ c
- >-
, w
(f) S
< 1 1 1
0 ■,4<• 1•
. ...,
-t?
L._
,,,• ,
,t,
(...) <
8,.•
_
w
-
.,
—) <
, .
. , .
•C
, 67
.'"'- 4 > ..,
.■....i
LL
-- -E-
j , .2
— ---,-
ow .....
=
7-
.
E5)
-,-,
E
2.
Packet Page -361-