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Agenda 12/10/2013 Item #17C 12/10/2013 17.0. 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-PL20130002148, to disclaim, renounce and vacate the County and the public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18,Township 50 South,Range 26 East, Collier County,Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A of the attached Resolution. CONSIDERATIONS: Petition VAC-PL20130002148 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 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County,Florida. The owner of this single family residential lot wishes to construct a screened enclosure on an existing concrete patio. Since the patio has existed for many years and prior to utility infrastructure improvements, there are no utilities within the easement proposed to be vacated. The Engineering Department has reviewed this petition and found no reason for objection and the Collier County Utility Department also approved this petition. Letters of no objection from abutting property owners have beer, received from all who responded and letters of no objection were also received from FP&L. Comcast and CenturyLink. FISCAL IMPACT: Growth Management Division, Planning and Reguiatior. staff has collectec 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 tc form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: That the Board of County Commissioners; 1) Approves the attached Resolution, relating to Petition VAC-PL20130002148, which will vacate the County and the public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Packet Page-2539- 12/10/2013 17.C. Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A of the attached Resolution, and 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 Riviera Golf Estates, Unit 2, recorded in Plat Book 13, Pages 108-111, 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 to include, Exhibit A, Location-Site Map and Site Plan CP\13-EIS-02560\5 Packet Page -2540- 12/10/2013 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. 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-PL20130002148,to disclaim, renounce and vacate the County and the public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18,Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 12/10/2013 Prepared By Name: BermanMarcus Title: County Land Surveyor 11/5/2013 1:30:01 PM Submitted by Title: County Land Surveyor Name: BermanMarcus 11/5/2013 1:30:02 PM Approved B3 Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering R Environrn Date: 11/5/2013 2:00:20 PM Name: KurtzGerald Title: Project Manager,Principal,Transportation Engineer Date: 11/5/2013 4:55:31 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 11/5/2013 4:55:40 PM Packet Page -2541- 12/10/2013 17.C. ootok Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 11/14/2013 5:08:01 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/15/2013 8:56:07 AM Name: StoneScott Title: Assistant County Attorney Date: 11/15/2013 9:59:03 AM Name: KlatzkowJeff Title: County Attorney Date: 11/15/2013 2:16:19 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/21/2013 4:24:53 PM Name: OchsLeo Title: County Manager Date: 11/25/2013 1:11:04 PM Packet Page-2542- 12/10/2013 17.C. 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 5-FOOT UTILITY EASEMENT BEING A PART OF LOT 418, RIVIERA GOLF ESTATES, UNIT 2, AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH 111, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL201300021.48) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Josh Fruth of Davidson Engineering, Inc. as agent for the property owner, has requested the vacation of the County and the Public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates,Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County, Florida,more specifically described in Exhibit A, attached hereto; 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 5- foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 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 berth-) 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 December,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A. HILLER,ESQ, Chairwoman 1of2 Packet Page -2543- 12/10/2013 17.C. Approved as to form and legality: Scott A. Stone Assistant County Attorney 2 II/5 (3 Attachments: 1)Exhibit A 2) Location-Site Map CP\13-EIS-02560\3 ook lI 2 of 2 Packet Page-2544- 12/10/2013 17.C. 7- SKETCH AND LEGAL DESCRIPTION OF 5' UTILITY EASEMENT VACATION EXHIBIT "A" / N / ,, elk / / �' A W E '' S ''' i ,/ i--5'U.E. a ■ w assamil ■ ss IMIIIIIMIll 0 JO' 20 30' 40' TRACT"D` ,• LOT 419 car caviar s�` s':,'` LEGEND ac,:``. s�. IA`, PLS PROFESSIONAL LAND MOW= `\�` 4''` SS&D �COURSE r DRAINAGE'EASD�7Nr �` _ us.A. IIDLt7Y EASEYENr (0J ` 5'U.E. ///,/11/./// ,`. 5'U.E• ' D[ pRANJAGt EASEMENT 5' UTILITY EASEMENT ` '/ �~ TO BE VACATED , u / ' / ii JD'G.&D, %// LOT 418 I s' I' h p is 4 1 MONTAUBON CT. --ct- (RIGHT-OF-WAY MARAS) _L._. I (P)_YY __ - ?ti % E i 00.00_ _ _ `` \ � Y p B'2?'03 �� 5'U.E. �, \ - 5'U.E. r \ �` 6 n LOT 417 i cUIM w6u> .ac.,ac,� .. Si,t. cnao rta.: Wil•ucu' \ \ ., c LEGAL OF AREA TO BE VACATED: z $ THE EAST 5 FEET OF THE WEST 15 FEET OF LOT 41E, RIVIERA GOLF 5 ESTATES, UNIT 2, AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH _ '' 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ---, - i / la David B YBruns, PLS 6 Certificate Number 4520 N W 4 DATE: OCTOBER 8, 2013 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA AVESMT-PL20130002148 REV:1 LICENSED SURVEYOR AND MAPPER. a 116 MONTAUBON COURT S & S .g e DATE:10/15113 yp, „ & gaga "[on,uYlp. o DUE:10129/13 l072 6(4 . At ,..X.4 if..y...d4.$ AN 8291 RAJ.., 34,..+.I. 89(02 (239) 26f — 5965 Packet Page-2545- • A 12/10/2013 17.C. Ati ilk ro„:1_. .....,..,,,,,...,..„, .,.....„ ..4„...... co ro N d- N -c1- 4111 ,. „ .... I-- ,., .. .. to to ‘zi- ro ..4 r") .- • N 411PP Nh.•;:t• N (.- N) 41 ,--- N It: ....Z (..-.) EC•c\O-t 2 4 <t1CC4 1Y O O 1>0<L1<-1J •,0c_0 fr M .;..:r----- .- )) i . 0 Fj I. 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Is ,: Packet Page 2547 12/10/2013 17.C. • NAPLES DAILY NEWS (( Wednesday, November 20, 2013 a 27D • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBUC HEARING Notice is hereby given that on Tuesday, December 10,2013, in the Board of County Commissioners meeting room,Third Floor,Collier Government Center, 3299 East Tornio- - mi Trail, Naples.FL,the Board of County Commissioners(BCC)will consider the en- act- ment 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 COUN- TY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUB- LIC INTEREST IN THE 5-FOOT UTILITY EASEMENT BEING A PART OF LOT 418, RIVIERA • GOLF ESTATES, UNIT 2, AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH 111,OF THE PUBLIC RECORDS OF COWER COUNTY,FLORIDA,ALSO BEING A PART OF SECTION 18,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COWER COUNTY, FLORIDA.(PETITION VAC-PL20130002148) 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 be- . half of an organization or group is encouraged. If recognized by the Chairman, a spokesperson tor a group or organization may be allotted 0 minutes to speak on an item. Persons wishing to hove written or graphic materials included in the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to the respective public hear- ing. In any case,written materials intended to be considered by•the Board shall be sub- mitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. 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 d cer- tain assistance. Please contact the Collier County Facilities Management Department, lo- cated at 3335 Tarniami Trail East, Suite #101 •Naples FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted Naples, for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL' • November 20&27.?013 No 2006444 • • • • Packet Page-2548- • 12/10/2013 17.C. • • e l • 24D Wednesday, November 27,2013 )) NAPLES DAILY NEWS • NOTICE OF MEETING s NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday,December 10,2013,in the Board of County Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamio- mi Trail,Naples FL,the Board of County Commissioners(BCC)will consider the en- act- ment 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 COWER COUN TY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE . PUB- LIC INTEREST IN THE 5-FOOT UTILITY EASEMENT BEING A PART OF LOT 418, RIVIERA GOLF ESTATES, UNIT•2, AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH 111,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING A PART OF SECTION 18,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA.(PETITION VAC-PL20130002148) 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 ite must register with the County Manager prior to presentation of the agenda item must 'item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on be- half 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 pock- ets must submit said material a minimum of 3 weeks prior to the respective public hear- • ing. In any case, written materials intended to be.considered by the Board shall be sub- mitted to the appropriate County staff a minimum of seven days prior to the public hear- ing.All materials used in'presentations before the Board will become a permanent part o' 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 cer- tain assistance. Please contact the Collier County Facilities Management Department,lo- cated at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112.5356, (239) 252- 8380, at least iwo days prior to the meeting- Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Ottice. BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY,FLORIDA • • GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL)LL • fi November 20&27_2013 • No.2006444 • Packet Page-2549-