Loading...
Agenda 07/26/2011 Item #17A7/26/2011 Item 17.A. EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL2011 -905, to disclaim, renounce and vacate the County's and the Public's interest in a 30 -foot wide easement as originally created by Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit «A" OBJECTIVE: To adopt a resolution vacating the County's and the Public's interest in a 30 -foot wide easement originally created in Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit "A ". CONSIDERATIONS: Petition VAC- PL2011 -905, has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Alexis Crespo of Waldrop Engineering, P.A. as agent for Vita Pima, LLC, owners, requesting the vacation of a 30 -foot easement created by Official Record Book 457, Page 361. This document transferred approximately 10 acres of land and subjected the west 30 feet to an easement. The use of the easement is not stated in the document, however, like so many other 30 wide easements at that time, it was likely used in conjunction with the adjoining property to create access to other adjacent properties. Access to other parcels is no longer an issue as the property to the north has been developed as Old Cypress Unit One and the property to the south is a canal right -of -way and Immokalee Road. All applicable agencies and abutting property owners have been notified and have responded with letters of no objection. All required documentation as required by Collier County Resolution 2006 -160, Attachment "C ", "Policy and Procedure for the Extinguishment of Public Easements conveyed by Separate Instrument..." has been submitted, therefore staff recommends approval. FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected a $2,000 "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 Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. Packet Page -2746- 7/26/2011 Item 17.A. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for legal sufficiency. This item requires a majority vote. This item is ready for Board consideration and approval. (STW) RECOMMENDATIONS: Adopt a resolution vacating the County's and the Public's interest in a 30 -foot wide easement originally created in Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit "A ". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Stephen A. Higgins P.S.M., County Land Surveyor Land Development Review Services, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 3) Exhibit `A' 4) Resolution Packet Page -2747- COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 7/26/2011 Item 17.A. 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- PL2011 -905, to disclaim, renounce and vacate the County's and the Public's interest in a 30 -foot wide easement as originally created by Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit "A ". Meeting Date: 7/26/2011 Prepared By Name: HigginsStephen Title: County Surveyor,Engineering & Environmental Services 6/29/2011 9:25:56 AM Submitted by Title: County Surveyor,Engineering & Environmental Services Name: HigginsStephen 6/29/2011 9:25:58 AM Approved By Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 6/29/2011 2:10:10 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/30/2011 11:50:26 AM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 6/30/2011 5:49:02 PM Packet Page -2748- Name: PuigJudy Title: Operations Analyst, CDES Date: 7/5/2011 4:50:50 PM 7/26/2011 Item 17.A. Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 7/6/2011 8:10:16 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7 /7/2011 8:30:53 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 7/7/2011 3:09:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/8/2011 8:32:40 AM Name: IsacksonMark Title: Director -Corp Financial and Mgnu Svs,CMO Date: 7/18/2011 10:45:47 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2011 11:16:13 AM Packet Page -2749- D O r N O If0 N r- 0 D Z cn M D 7/26/2011 Item � 17.A. IVA w '1 ►� I■Il1•�\ �, , •l n iinnm►��!!inn� a I�i��, � / ►������� �IIIIIIIIIIIIIIIIII�11111111��� � ,`" `�� . — �I munn_ == A a � m � m Lv � t7 �"i' t a a a f SG z zni - x x � '1 ►� I■Il1•�\ �, , •l n iinnm►��!!inn� a I�i��, � / ►������� �IIIIIIIIIIIIIIIIII�11111111��� � ,`" `�� . — �I munn_ == x1C STVip Tn Io-803e Ldn Mao{K Ol I 10a511AM, 1,. 7/26/2011 Item 17.F Packet Page -2751- p H NEST LINE SW 114 SECIIGW ZI v m p WBF CYPRESS BWIEVARO 7-- 1 ----------------------------------------------------------------- --- - -- o mod --- a ^in 3 I I a �yKx F^ I qq _ - N Sr LINE W 112. E 1 14, SW I16 SW Ip SECPP Zr i j ^wi of ak is u� R oy n f Oa E eN I i 2 O1 �1 VI m OO 8D -O mn ij '� m D O D= rat p 0 A n pzc In m tnc 1T o � D1 �� m S.Z°1 rO.,S � F A�N� m X08 00 �ONm�� m {z� `"o C °oi In N p 0r T { mC/n DpmO 0 o �mm mwn0 V1 -I{'SO O'-j 7/26/2011 Item 17.A. RESOLUTION NO. 2011- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2011 -905, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC INTEREST IN A 30 -FOOT WIDE EASEMENT AS ORIGINALLY CREATED BY OFFICIAL RECORD BOOK 457, PAGE 361 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SUBJECT EASEMENT TO BE VACATED IS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT "A ". WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, Petitioner, Vita Pima, LLC, owner, requests the vacation of a 30 -foot wide easement originally created in Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit "A ". WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in that a 30 -foot wide Easement as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this day of 2011. Packet Page -2752- 7/26/2011 Item 17.A. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK FRED W. COYLE, Chairman Approved as to form and legal sufficiency: By: Steven T. Williams Assistant Collier County Attorney Els�r Attachments: EXHIBIT A — Legal Description Packet Page -2753- mumum or seven days prior to the public hearing. All material used in presentations before the Board will become a 'permanent .part of the re, - cord.. Any decision person of the Board dwillt needy a al re- cord of the proceedings - pertaining thereto and therefore, may need 40 ensure that a verbatim 'record of the Proceedings is made, which record in - dudes- the testimony and evidence upon which the appeal is'based.: N you are a person with a disability who needs any accommodation -in .or der to participate in this proceeding; you are entitled, at no cost to you, to the provision , of certain assistance. .Please contact the .Collier County Fa- cilities Management-, Department; la sated at 3335 Tamiami Trail. East, Suite 1101,." Building W, - -Naples, Florida 34112, (239) 252.8380. Assisted listen. ing devices for the hearing impaired . are available in the' County Commis. sioners' Office. - - BOARDOFCOUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Byy. Ann lennajohn, Deputy Clerk (Li. July 8 15 2011 No 1906108 Packet Page -2754- CO d m ;a C i� my V I y 3 7/26/2011 Item 17.A. 7/26/2011 Item 17.A. 20D • Friday, July 15, 2011 a Naples Daily News NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County. Commissioners of. Collier County will hold a public hearing.. on _ Tuesday., ((��y� ZZ6, 2011 to the Board- ..Ing, i; ollieI�fpi$r, Admihistratjtb ♦h iltil: ing, Collier County Government Cen- ter, 3299 TamlamI Trail East, Naples, 900 tlA.M. TThe title�nof thle proposed Resolution is as follows; A RE50LUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETI- TION VAC- PL2011 -905, TO DISCLAIM, RENOUNCE AND VACATE THE 000N- TY AND PUBLIC INTEREST IN A 30- FOOT WIDE EASEMENT AS ORIGINAL- LY CREATED BY OFFICIAL RECORD BOOK 457 PAGE 361 IN THE PUBLIC RECORDS OF COLLIER COUNTY, .FLORI- OA, SfTUATED IN SECTION 21, TOWN - LER COUNTY FLORIDA, FLORIDA, ZTHEASUBIEC7 BE VA SPECIFICALLY DEPICTEDE ANDM DEE SCRIBED IN EXHIBIT "A °. I It onpfille with the roposed to Resolution d and i are available fo ested Parties are invi ed to be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognizetl by the Chair, a spokesperson for a group or organization may be allotted to min- utes 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 I public hearing. All material in presentations before the Board used en e become a permanent part of the re- cord. decision of the Board dwillt need aalre- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is based. If you are a person With a disability who needs any accommodation in or- der to' participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Packet Page -2755- Please c cilities cated at ing device for the hearing-ii are available in the County Comm sioners'Office. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann 7ennejohn, Deputy Clerk.,