Agenda 09/10/2013 Item #17D 9/10/2013 17.D.
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 AVPLAT-PL20130000978 to disclaim, renounce and vacate the County and the public
interest in a portion of the 10-foot utility easement located in Lot 48, Royal Cove, as recorded in
Plat Book 8, Page 13, of the public records of Collier County, Florida, located in Section 15,
Township 48 South,Range 25 East, Collier County Florida,more specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion
of the 10-foot utility easement located in Lot 48, Royal Cove, as recorded in Plat Book 8, Page
13, of the public records of Collier County, Florida, located in Section 15, Township 48 South,
Range 25 East, Collier County Florida, more specifically shown in Exhibit A.
CONSIDERATIONS: Petition AVPLAT-PL20130000978 has been received by the
Engineering Services, Growth Management Division, Planning and Regulation from Garey F.
Butler, representative for owner, Royal Cove Plaza, LLC. This vacation request is intended to
vacate a portion of the 10-foot utility easement located in Lot 48, Royal Cove as recorded in Plat
Book 8, Page 13, of the public records of Collier County, Florida, located in Section 15,
Township 48 South, Range 25 East, Collier County, Florida, more specifically shown in Exhibit
A, where the existing building was constructed in error over the 10-foot utility easement.
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
RECOMMENDATIONS: That the Board of County Commissioners; 1) approves the attached
Resolution, relating to Petition AVPLAT-PL20130000978, which will vacate the County and the
public interest in a portion of the 10-foot utility easement located in Lot 48, Royal Cove, as
recorded in Plat Book 8, Page 13, of the public records of Collier County, Florida, located in
Section 15, Township 48 South, Range 25 East, Collier County Florida, more specifically shown
in Exhibit A, 2) directs the Clerk to the Board to record a certified copy of the Resolution in the
public records, and to make proper notation of this Resolution on the plat of Royal Cove,
recorded in Plat Book 8, Page 13 of the public records of Collier County, Florida.
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9/10/2013 17.D.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation.
Attachments: 1) Resolution, 2) Site Plan Survey Plat
CP:13-EIS-02464\14
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9/10/2013 17.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
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 AVPLAT-PL20130000978 to disclaim, renounce and
vacate the County and the public interest in a portion of the 10-foot utility easement located in
Lot 48, Royal Cove, as recorded in Plat Book 8, Page 13, of the public records of Collier County,
Florida, located in Section 15, Township 48 South, Range 25 East, Collier County Florida, more
specifically shown in Exhibit A.
Meeting Date: 9/10/2013
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
7/23/2013 7:28:15 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
7/23/2013 7:28:17 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
Date: 7/23/2013 8:36:44 AM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 7/23/2013 12:02:19 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/9/2013 3:12:28 PM
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9/10/2013 17.D.
Ask
Name: KurtzGerald
Title: Project Manager,Principal,Transportation Engineer
Date: 8/19/2013 11:56:42 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/20/2013 11:31:46 AM
Name: PepinEmily
Title: Assistant County Attorney,CAO Litigation
Date: 8/21/2013 10:48:49 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 4:19:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2013 4:44:45 PM
Name: OchsLeo
Asook
Title: County Manager
Date: 8/25/2013 10:47:30 AM
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� I
9/10/2013 17.D.
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 A PORTION
OF THE 10-FOOT UTILITY EASEMENT LOCATED IN LOT 48, ROYAL
COVE, AS RECORDED IN PLAT BOOK 8, PAGE 13, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION
15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY
FLORIDA. (AVPLAT-PL20130000978)
WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160,
Petitioner, Garey F. Butler, of Fowler, White, Boggs, P.A., has requested the vacation of the
County and the public interest in a portion of the 10-foot utility easement located in Lot 48,
Royal Cove as recorded in Plat Book 8, Page 13, of the public records of Collier County, Florida,
located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, more
specifically described in Exhibit"A"; and
WHEREAS, at its July 9, 2013 regular meeting, the Board of County Commissioners,
via Resolution No. 2013-150, 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 a
portion of the 10-foot utility easement located in Lot 48, Royal Cove, as recorded in Plat Book 8,
Page 13, of the public records of Collier County, Florida, located in Section 15, Township 48
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 and to make proper
notation of this Resolution on the plat of Royal Cove recorded in Plat Book 8, Page 13 of the
public records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
1 of 2
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9/10/2013 17.D.
Approved as to form and legality:
Emily R. Pepin i
Assistant County Attorney
Attachments: I) Exhibit A
2) Location/Site Map
CP:13-EIS-02464\17
ANISk
2 oft
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9/10/2013 17.D.
SKETCH AND DESCRIPTION
OF A PARCEL OF LAND LYING IN
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT "A"
LEGAL DESCRIPTION:
A PORTION OF LOT 48, ROYAL COVE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 8, PAGE 13 SAID PARCEL LYING IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 48, ROYAL COVE, THENCE N.89'55'31"W., ALONG
THE SOUTH LINE OF SAID ROYAL COVE, FOR A DISTANCE OF 230.63 FEET TO THE EASTERLY
RIGHT-OF-WAY OF TAMIAMI TRAIL (ALSO KNOWN AS, U.S. 41 OR STATE ROAD 45) AS SHOWN ON
RIGHT-OF-WAY MAP FOR SAID TAMIAMI TRAIL, SECTION 03010-2570, LAST REVISED 08-05-10;
THENCE N.00.52'46"W., ALONG SAID RIGHT-OF-WAY, FOR A DISTANCE OF 10.00 FEET TO THE
NORTH LINE OF A 10' UTILITY EASEMENT AS SHOWN ON SAID PLAT OF ROYAL COVE; THENCE
S.89'55'31"E., ALONG THE NORTH LINE OF SAID EASEMENT, FOR A DISTANCE OF 230.79 FEET TO
THE EAST LINE OF SAID LOT 48; THENCE S.00'04'29"W., ALONG THE EAST LINE OF SAID LOT 48,
FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
NOTES:
1, BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 48, ROYAL COVE, PER PLAT BOOK 8,
PAGE 13, AS BEARING N.89'55'31"W.
2. DISTANCES ARE IN FEET AND DECIMALS THEREOF.
3. PARCEL IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS AND RIGHT-OF-WAYS
(RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN),
* THIS IS NOT A SURVEY *
/
AVPLAT PL20130000978 REV:i BY: -��-i•-
48 ROYAL COVE DRIVE IMOT 7 EE'MANN
DATE:5/14/13
PROF SIONAL SURVEYOR AND MAPPER
DUE:5/214/1 FLORIDA CERTIFICTE NO. LS# 5838
DATE SIGNED: /em .2, 2,3
VICINITY SKETCH NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
(NOT TO SCALE) \ FLORIDA LICENSED SURVEYOR AND MAPPER.
BONlre BEACH RDA() UTILITY EASEMENT, LOT 48, ROYAL COVE
41 0§' w TITLE: LEGAL DESCRIPTION
cs,k1� h
n
a0 4` MET Ii ON 10970 S. CLEVELAND AVE.,STE. 805
3 l ��/� \ �J FORPHON238 FLORIDA 907
75-857
IllSITE 6' SURVEYING&MAPPING,I.LC FAX: (239) 275-8457
Z LAND SURVEYORS•PLANNERS www.metronfl.com
IMMOKALEE ROAD LB #7071
FILE NAME: PROJECT NO.: SHEET:
` 12534SK.dwg 12534 _L pr 2
✓AND£RBRT EACH ROAD SKETCH DATE: DRAWN BY SCALE: CHECKED 8Y; (S-T-R)
03-08-13 BUD 1" = 40' TLM 15-48-25
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9/10/2013 17.D.
SKETCH TO
ACCOMPANY DESCRIPTION
ma
OF A PARCEL OF LAND LYING IN ma
• SECTION 15, TOWNSHIP 48 SOUTH,RANGE 25 EAST, N
COLLIER COUNTY, FLORIDA a
aLil
ZW
ro EXHIBIT "A"
J
.
I >- F-
oc o
I- O
Ni.' IDwd LOT 48, ROYAL COVE (P.B. 8, PG 13) z
U1 =Zo- :5 LJW h
Q S.89'56'50"E.(P) -)
'1:...i a S 89°55'31"E 230.79'
a 10' UTILITY EASEMENT (P.8. 8, PG 13) a~
►-+ o N 89°55'31"W j 230.63'
tea.o I N.89'S6'S0"W.(P) P.O.B.J
> ° SOUTHEAST CORNER
¢ N SOUTH LINE OF LOT 48, ROYAL COVE
3: I o ROYAL COVE SUBDIVISION
W w o P.B. 8, PG. 13
,_s 0-
c? L p t�J LINE BEARING DISTANCE
OW
��v N L1 N 00'52'46" W 1 0.00' n
N g 00-04'29" W 10.00'
L2(P) S 00'03'10" W 10.00'
LEGEND: * THIS IS NOT A SURVEY *
P.O.B. = POINT OF BEGINNING
P.B. = PLAT BOOK 1
PG. = PAGE �/
FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION
R/W = RIGHT-OF-WAY BY: _/J. A Ai
S.R. = STATE ROAD • OTHY LE MAN 4f
L.S. = LICENSED SURVEYOR PROFESS], AL SURVEYOR AND MAPPER
(P) = PER PLAT FLORIDA CERTIFICATE NO. LS# 5838
(C) = CALCULATED
DATE SIGNED: ' 26'--AV
NOTES: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
1. BEARINGS ARE BASED ON THE FLORIDA LICENSED SURVEYOR AND MAPPER. I
SOUTH LINE OF LOT 48, ROYAL UTILITY EASEMENT, LOT 48 ROYAL COVE
COVE, PER PLAT BOOK 8, PAGE 1
13, AS BEARING N.89'55'31"W. TITLE: SKETCH OF DESCRIPTION
2. DISTANCES ARE IN FEET AND
DECIMALS THEREOF,
l� • 10970 S. CLEVELAND AVE,STE. 605
3. PARCEL IS SUBJECT TO MJt_eT i • O� FORT FLORIDA 7
75L-----J\EASEMENTS, RESERVATIONS OR SURVEYING&MAPPING,LLC Roc: (239) 275-6457
RESTRICTIONS AND
RIGHT—OF—WAYS (RECORDED AND LAND SURVEYORS PLANNERS www,metronfi.com
UNRECORDED, WRITTEN AND LB #7071
UNWRITTEN).
FILE NAME: PROJECT NO.: SHEET:
12534SK.DWG 12534 .1.7 2
SKETCH DATE: DRAWN BY: SCALE: CHECKED BY: (S-T-R)
03-06-13 BUD 1" = 40' TLM 15-48-25
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Packet Page-3152- —
9/10/2013 17.D.
•
•
26D,)) Wednesday, August 21,2013 )) 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 A PORTION OF THE 10-FOOT UTILITY EASEMENT LOCATED IN LOT 48,
ROYAL COVE,AS RECORDED IN PLAT BOOK 8,PAGE 13,OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 15,TOWNSHIP 48 SOUTH,
RANGE 25 EAST,COLDER COUNTY FLORIDA.(AVPLAT-PL20130000978)
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: AnnJennejcihn,
Deputy Clerk(SEAL)
Auau t 21&28.7013 No.1996377
i
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9/10/2013 17.D.
•
26D 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 COLUER COUNTY,
FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 10-FOOT UTILITY EASEMENT LOCATED IN LOT 48,
ROYAL COVE,AS RECORDED IN PLAT BOOK 8,PAGE 13,OF THE PUBLIC RECORDS
OF COLUER COUNTY, FLORIDA, LOCATED IN SECTION 15,TOWNSHIP 48 SOUTH,
RANGE 25 EAST,COLLIER COUNTY FLORIDA.(AVPLAT-PL20130000978)
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 lennejohn,
Deputy Clerk(SEAL) No.1996377 •
Auoust 21 &28.2013
•
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