Agenda 09/10/2013 Item #17B 9/10/2013 17.B.
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-PL20130001023, to disclaim, renounce and vacate the County and the public interest
in the 15-foot utility easement as recorded in Official Record Book 1543, page 1026, of the public
records of Collier County, Florida, also being a part of Section 1, Township 49 South, Range 25
East, Collier County,Florida,being more specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 15-foot
utility easement as recorded in Official Record Book 1543, page 1026, of the public records of
Collier County, Florida, also being a part of Section 1, Township 49 South, Range 25 East,
Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20130001023 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Josh Fruth, of Davidson
Engineering, Inc., as agent for the property owner to vacate the 15-foot utility easement as
recorded in Official Record Book 1543, page 1026, of the public records of Collier County,
Florida, also being a part of Section 1, Township 49 South, Range 25 East, Collier County,
Florida.
The vacating of the water easement will accommodate the new site design for Tamiami Hyundai,
(f.k.a. King Richards).
The Engineering Department has reviewed this petition and found no reason for objection.
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 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 as to form and legality, and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board of County Commissioners; 1) approves the attached
Resolution, relating to Petition VAC-PL20130001023, which will vacate the County and the
public interest in the 15-foot utility easement as recorded in Official Record Book 1543, page
1026, of the public records of Collier County, Florida, also being a part of Section 1, Township
49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A,
and 2) directs the Clerk to the Board to record a certified copy of the Resolution in the public
records.
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9/10/2013 17.B.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution
CP:13-EIS-02469\10
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9/10/2013 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.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-PL20130001023, to disclaim, renounce and vacate
the County and the public interest in the 15-foot utility easement as recorded in Official Record
Book 1543, page 1026, of the public records of Collier County, Florida, also being a part of
Section 1,Township 49 South, Range 25 East, Collier County, Florida, being more specifically
shown in Exhibit A.
Meeting Date: 9/10/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
7/22/2013 2:52:37 PM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
7/22/2013 2:52:38 PM
Approved By
Name: KurtzGerald
Title: Project Manager,Principal,Transportation Engineer
Date: 7/22/2013 3:58:09 PM
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
Date: 7/23/2013 8:36:00 AM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 7/23/2013 8:39:33 AM
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9/10/2013 17.B.
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/9/2013 2:44:17 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/15/2013 10:06:39 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/19/2013 7:39:40 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/19/2013 9:18:59 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/20/2013 10:08:49 AM
Name: OchsLeo
Asi
Title: County Manager
Date: 8/20/2013 3:51:08 PM
Asoik
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9/10/2013 17.B.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN
THE 15-FOOT UTILITY EASEMENT AS RECORDED IN
OFFICIAL RECORD BOOK 1543, PAGE 1026, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A
PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20130001023)
WHEREAS, pursuant to Resolution 2006-160, Petitioner, Josh Fruth of
Davidson Engineering, Inc., has requested the vacation of the County and the Public
interest in the 15-foot utility easement as recorded in Official Record Book 1543, page
1026, of the Public Records of Collier County, Florida, also being a part of Section 1,
Township 49 South, Range 25 East, Collier County, Florida, more specifically described
in Exhibit A, attached hereto; and
WHEREAS,at its July 9, 2013 regular meeting,the Board of Commissioners, via
Resolution No. 2013-151, approved the scheduling of a public hearing on September 10,
2013,pursuant to 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
the 15-foot utility easement as recorded in Official Record Book 1543, page 1026, of the
Public Records of Collier County, Florida, also being a part of Section 1, Township 49
South, Range 25 East, Collier County, Florida, more specifically described 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 of
Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this the 10th day of September,2013.
l of
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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 legality:
By: {3t
Emily R. $epin
Assistant County Attorney
Attachments: 1) Exhibit A
2) Location-Site Map
CP:13-EIS-0469/18
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EXHIBIT"A"
DESCRIPTION: (OR Book 1543, Page 1026)
COMMENCING at the Southwest corner of Section 1,Township 49 South,Range 25 East;
THENCE along the Westerly line of said Section,North 2°35'04"West,394.84 feet to a point:
THENCE South 89°36'15"East, 100.14 feet to a point intersecting the easterly line of Airport
Pulling Road right-of-way;
THENCE along the easterly line of said right-of-way North 2°35'04"West,221.77 feet to the
"POINT OF BEGINNING"of said easement herein described;
THENCE along the southerly lines of said Easement,the following seven(7)courses:
1. North 87°22'50"East,209.42 feet to a point;
2. South 54°34'18"East, 188.51 feet to a point;
3. South 89°36'15"East,133.43 feet to a point;
4. North 45°13'38"East,73.22 feet to a point;
5. North 78°58'38"East, 102.36 feet to a point;
6. North 67°43'38"East, 146.71 feet to a point;
7. South 63°22'52"East.25.10 feet to a point;
THENCE along the easterly line of said Easement,the following three(3)courses:
1. North 26°37'08"East, 15.00 feet to a point;
2. North 63°22'52"West, 19.86 feet to a point;
3. North 28°21'44"East,55.59 feet to a point;
THENCE along the northerly lines of said Easement,the following fourteen(14)courses;
1. North 61°38'16"West, 15.00 feet to a point;
2. South 28°21'44"West,59.54 feet to a point;
3. South 67°43'38"West, 147.42 feet to a point;
4. South 78°58'38"West,105.43 feet to a point;
5. South 45°13'38"West,71.53 feet to a point;
6. North 89°36'15"West,49.14 feet to a point;
7. North 49°17'15"West,30.95 feet to a point;
8. North 2°33'28"East, 12.73 feet to a point;
9. North 87'26'32"West, 15.00 feet to a point;
10. South 2°33'28"West,20.02 feet to a point;
I 1. South 49°17'15"East,20.57 feet to a point;
12. North 89°36'15"West,50.13 feet to a point;
13. North 54°34'18"West, 188.95 feet to a point;
14. South 87°22'50"West,214.58 feet to a point;
THENCE along the said right-of-way line.South 2°35'04"East, 15.00 feet to the"POINT OF
BEGINNING".
*This is NOT a survey
SURVEY NOTES STOUTT1 CRAMER Page 1 of 2
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•
26D ) Wednesday,August 21,2013 )) NAPLES DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF PUBUC HEARING-
Notice is hereby given that on Tuesday, September 10, 2013, in the Board of
County Commissioner's 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,TO.DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN THE 15-FOOT WATER EASEMENT AS RECORDED IN OFFICIAL RECORD .
BOOK 1543,PAGE 1026,OF THE.PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLUER COUNTY,FLORIDA.(VAC-PL20130001023)
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 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)
•
August 21 &78 2013 No.1946374
S .
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9/10/2013 17.B.
26D D Wednesday,August 28, 2013 N NAPLES DAILY NEWS
•
•
NOTICE OF MEETING • NOTICE OF MEETING •
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 10, 2013, in the Board of
County Commissioner's 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; TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN THE 15-FOOT WATER EASEMENT AS RECORDED IN OFFICIAL RECORD
BOOK 1543, PAGE 1026, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,
ALSO BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY,FLORIDA.(VAC-PL20130001023)
' 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. IT
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 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) •
August 21&28.2013 No.1996374
•
• Packet Page -3130-