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Agenda 10/22/2013 Item #17B 10/22/2013 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-PL20130001313 to disclaim, renounce and vacate the County and the 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, Immokalee,Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of 10t 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, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20130001313 has been received by the Engineering Services Department, Growth Management Division, Planning and Regulation from Thomas K. Boardman, of Thomas K. Boardman, P.A., as agent for the property owner 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 Services 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 has been advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2006-160, and adjoining property owners have been given notice as well. 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 impact associated with this item. Packet Page-2136- 10/22/2013 17.B. 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-PL20130001313, which will vacate the County and the 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, Immokalee, Collier County, Florida, being more specifically shown in Exhibit A, and 2) Directs the Clerk of Courts record a certified copy of the Resolution in the Public Records, and to make proper notation of this Resolution on the plat of Eastover, recorded in Plat Book 1, Page 97 of the public records of 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 with Exhibits 13-EIS-02492\20 Packet Page-2137- 10/22/2013 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.8. 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-PL20130001313 to disclaim, renounce and vacate the County and the 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, Immokalee, Collier County, Florida. Meeting Date: 10/22/2013 Prepared By Name: BermanMarcus Title: County Land Surveyor 9/18/2013 2:33:08 PM Submitted by Title: County Land Surveyor Name: BermanMarcus 9/18/2013 2:33:09 PM Approved By Name: VlietJohn Title: Director-Road Maintenance,Transportati on Enginee Date: 9/18/2013 4:47:08 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm Date: 9/19/2013 9:32:29 AM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 9/20/2013 3:07:07 PM Packet Page-2138- 10/22/2013 17.B. Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 9/23/2013 3:31:01 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/25/2013 8:14:32 AM Name: PepinEmily Title: Assistant County Attorney,CAO Litigation Date: 10/9/2013 11:23:33 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 2:57:52 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 11:19:24 AM Name: OchsLeo Title: County Manager Date: 10/14/2013 10:33:59 AM Packet Page-2139- 10/22/2013 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 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) WHEREAS, pursuant to Resolution 2006-160, Petitioner, Thomas K. Boardman, of Thomas K. Boardman, P.A., has requested the vacation of the County and the 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, Immokalee, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, at its September 10, 2013 regular meeting, the Board of Commissioners, via Resolution.No. 2013-165, approved the scheduling of a public hearing on October 22, 2013; 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; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County 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, Immokalee, Collier County, Florida, being more specifically shown 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 Eastover, recorded in Plat Book 1, Page 97 of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this 22nd day of October, 2013. 1 oft Packet Page -2140- 10/22/2013 17.B. 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: 11 Aft ArAlioroll mily R. Pepit Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map CP\13-EIS-02492\2 1 2of2 Packet Page -2141- 10/22/2013 17.B. EXHIBIT A Legal Description of Property to be vacated: That portion of 10`h 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. Packet Page -2142- 10/22/2013 17.B. la' n / a Z �--' L Y W C, S _ oz,,,z.r -- .7...-:::::: -_-.,e s_ L —'r..sue e � < . d4,i O atg 5 E. ,o .4;I = �t ' 0 III V • , =P /ill; :b d JIIIIP ,', \ �.b !; , z! • vO a J I ° EEE W / O N �, • e /5/ .O ` ^ ▪ ° O d» F . / �' t I ` r sg "±� ° �- o [ :M ; ,:.'� i' a Q' o ° � fJ I /4:1" y� r • '.. 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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 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-P120130001313) 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 the 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 area 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: Teresa Cannon Deputy Clerk(SEAL) October 2.2013 V No 2001929 Packet Page-2145-