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Agenda 04/24/2018 Item #17C04/24/2018 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-PL20170001644 to disclaim, renounce and vacate the County and the public interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida. The subject property is located on the east side of County Barn Road, approximately one-quarter mile south of Davis Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida, located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: The Development Review Division has received a request from D. Brent Addison, P.E., of Q. Grady Minor and Associates, P.A., as agent for the applicant and property owner, County Barn Investors, LLC. This request is to vacate the roadway easement described in OR Book 2355, Page 2715. At its March 27, 2018 regular meeting, the Board, via Resolution 2018-55, approved the scheduling of this public hearing. The 12-foot wide roadway easement was conveyed from the Florida Department of Transportation to the County via Quitclaim Deed on October 16, 1997. The easement extends in an east -west direction across the entire width of the subject property. The roadway easement was conveyed to the County for the purpose of accessing a burrow pit at the eastern end of the easement, which the State had previously excavated. The County intended to utilize the pit as fill for the widening of County Barn Road. However, the County no longer requires the roadway easement to access the pit because fill for the widening of County Barn Road was obtained from other sources. County Barn Investors, LLC, reque sts the vacation so that they will be able to develop their property as one united residential community. Letters of No Objection were received from FPL, Comcast, CenturyLink, Sheriff’s Department, the Greater Naples Fire Rescue District and Unity of Naples, Inc. Staff has reviewed this petition and found no reason for objection. FISCAL IMPACT: Staff has collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of recording and processing. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of the County and the public interest in the roadway easement described in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida, located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with respect to property under their control, upon petition of any person or persons, may adopt a resolution to vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or 17.C Packet Pg. 1432 04/24/2018 other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith, when the following criteria are met: 1. The request is in the interest of the general public welfare, or no public detriment is established. 2. The request does not invade or violate individual property rights. 3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated, OR a statement from the Petitioner demonstrating the reason for the request incl uding any property or financial interest or projects affected by a granting of such request. This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20170001644, which will vacate the County and the public interest in the roadway easement described in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida, located in Section 8, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A; and to direct the Clerk of Courts to record a certified copy of the Resolution in the Public Records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division ATTACHMENT(S) 1. Application (PDF) 2. Resolution - 032218 (PDF) 3. Letters of No Objection Public Entities (PDF) 4. OR Book 2355, page 2715 (PDF) 5. signed Unity of Naples easement agreement April 1 2018 (PDF) 6. Marquesa Deed from Alice Keller (PDF) 7. Marquesa Deed from JAXE, LLC (PDF) 8. legal ad - Agenda ID # 5145 (PDF) 17.C Packet Pg. 1433 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 5145 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-PL20170001644 to disclaim, renounce and vacate the County and the public interest in the roadway easement recorded in OR Book 2355, Page 2715 of the Public Records of Collier County, Florida. The subject property is located on the east side of County Barn Road, approximately one-quarter mile south of Davis Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 04/24/2018 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 03/15/2018 3:12 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/15/2018 3:12 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 03/16/2018 8:32 AM Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/27/2018 5:10 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 03/27/2018 3:57 PM Growth Management Department Matthew McLean Additional Reviewer Completed 03/28/2018 8:24 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/28/2018 8:57 AM Growth Management Department James French Deputy Department Head Review Completed 03/30/2018 6:04 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/03/2018 11:21 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 7:24 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/06/2018 8:40 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/06/2018 2:57 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 17.C Packet Pg. 1434 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 1 of 5 APPLICATION FOR VACATING Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37; Ordinance No. 01-57; Resolution 2013-166; and Applicable sections of the Collier County Land Development Code AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________ AVPLAT- Vacation of Plats or portions of plats of subdivided land Plat Book: ______________________________ Page(s): _______________________________ AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads. Official Record Book: ___________________________ Page(s): _________________________ PETITION NO (PL) PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Property Owner: ___________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ Name of Agent: ____________________________________________________________________________ Firm: _____________________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ For Staff Use X Agreement dated 3/2/2010 17.C.1 Packet Pg. 1435 Attachment: Application (5145 : VAC-Marquesa Isles of Naples) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 2 of 5 PROPERTY INFORMATION Proposed private residential development renders a County roadway easement unnecessary. Reason for Request: _________________________________________________________________________ Address of Subject Property: __________________________________________________________________ Legal Description: ___________________________________________________________________________ Section: _______ Township: _______ Range: _______ Current Zoning: __________________________ Will this affect density? ______________________________ NOTE: 1) If applicant is a land trust, indicate the name of beneficiaries. Alice A. Keller. 2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. 17.C.1 Packet Pg. 1436 Attachment: Application (5145 : VAC-Marquesa Isles of Naples) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 3 of 5 SUBMITTAL REQUIREMENTS CHECKLIST This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application, and the below checklist, refer to Resolution 2013-166. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Addressing Checklist signed by Addressing Department 1 CD of complete application and all submittal documents in PDF format 1 Fee Simple Deed 1 Statement explaining the general public benefit received from the proposed vacation 1 Certificate showing all State and County taxes have been paid for subject parcel 1 Assessment map depicting area of proposed vacation 1 List of abutting and other property owners within 250 feet of the proposed vacation including their address, and parcel number 1 Site Plan on 8 ½ in. x 11 in. paper 1 Legal Description, signed and sealed, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled (in bold: “Exhibit A”) 3 Signed and sealed sketch of the legal description 3 Copy of the recorded subdivision plat, if applicable 1 Letter Authorizing representation, if the applicant isn’t the owner 1 Affidavit of Authorization, signed and sealed 1 Replacement easement documentations, if applicable 3 If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacation of Easement only 1 Copy of document which granted, conveyed or dedicated the right -of-way to the county or public, for Vacation of Right-of-Way only 1 Letters of No Objection, from each of the following, as applicable: (addresses may not be current) Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL 34102. (239) 262-1322 Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105. (239) 263-6234 Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL 34112. (239)774-4434. Golden Gate and East Naples Fire Control and Rescue: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119. (239) 348-7540 North Naples Fire and Rescue: ATTN: Orly Stolts, 1885 Veterans Park Drive, Naples, FL 34109. (239) 597-9227 Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990. (239) 574-2020 Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913. (239) 432-1805. Adjacent Property Owners Homeowners Association 1 17.C.1 Packet Pg. 1437 Attachment: Application (5145 : VAC-Marquesa Isles of Naples) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 2/8/2017 Page 4 of 5 FEE REQUIREMENTS  Application Fee: $2,000.00  Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the time of submittal) o AVROW: $700.00 o AVPLAT: $1000.00 o AVESMT: $1000.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Development Review Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant/Agent Signature Date x x x 17.C.1 Packet Pg. 1438 Attachment: Application (5145 : VAC-Marquesa Isles of Naples) 17.C.2 Packet Pg. 1439 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples) 17.C.2 Packet Pg. 1440 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples) 17.C.2 Packet Pg. 1441 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples) 17.C.2 Packet Pg. 1442 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples) 17.C.2 Packet Pg. 1443 Attachment: Resolution - 032218 (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1444Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1445Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1446Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1447Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3 Packet Pg. 1448 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3 Packet Pg. 1449 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3 Packet Pg. 1450 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1451Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1452Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1453Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3 Packet Pg. 1454 Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1455Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.3Packet Pg. 1456Attachment: Letters of No Objection Public Entities (5145 : VAC-Marquesa Isles of Naples) 17.C.4 Packet Pg. 1457 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples) 17.C.4 Packet Pg. 1458 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples) 17.C.4 Packet Pg. 1459 Attachment: OR Book 2355, page 2715 (5145 : VAC-Marquesa Isles of Naples) 17.C.5 Packet Pg. 1460 Attachment: signed Unity of Naples easement agreement April 1 2018 (5145 : VAC-Marquesa Isles of Naples) 17.C.6 Packet Pg. 1461 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples) 17.C.6 Packet Pg. 1462 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples) 17.C.6 Packet Pg. 1463 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples) 17.C.6 Packet Pg. 1464 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples) 17.C.6 Packet Pg. 1465 Attachment: Marquesa Deed from Alice Keller (5145 : VAC-Marquesa Isles of Naples) 17.C.7 Packet Pg. 1466 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples) 17.C.7 Packet Pg. 1467 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples) 17.C.7 Packet Pg. 1468 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples) 17.C.7 Packet Pg. 1469 Attachment: Marquesa Deed from JAXE, LLC (5145 : VAC-Marquesa Isles of Naples) 17.C.8 Packet Pg. 1470 Attachment: legal ad - Agenda ID # 5145 (5145 : VAC-Marquesa Isles of Naples) 17.C.8 Packet Pg. 1471 Attachment: legal ad - Agenda ID # 5145 (5145 : VAC-Marquesa Isles of Naples)