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Agenda 03/23/2010 Item #17A Agenda Item No. 17A March 23, 2010 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL2009-1556, to disclaim, renounce and vacate the County's and the Public's interest in an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A". OBJECTIVE: To adopt a resolution vacating an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A", CONSIDERATIONS: Petition VAC-PL2009-1556, has been received by the Engineering, Environmental, Comprehensive Planning and Zoning Department from Michael R. Fernandez, AICP of Planning Development Incorporated as agents for lBO, LLC and SAFA, LLC owners/applicants, requesting the vacation of a 20-foot wide alley, All abutting property owners of the alley that are not applicants of this petition have submitted letters consenting to the vacation, Since letters of no objection have been received from applicable utility companies and other divisions and entities, staff recommends the vacation of the alley based on the following commentary: "County staff recommends approval of this easement vacation in-part because of allowances made for replacement drainage easement rights, and also for [moderate) additional capacity that is offered in exchange for approval of the proposed vacation." Collier County Transportation Department has the following stipulation for approval of this petition: "By way of accepting ownership of lands vacated by this approval, the applicant agrees to abide by the terms proposed in the "Project Narrative & Statement Explaining General Public Benefit" as a stipulation of this approval. Failure to meet the terms proposed in this application for ROW vacation shall reflect upon the ability to complete the subsequent Site Development Plan (or amendment) authorizing redevelopment of this site. Also as a stipulation for approval, the applicant benefitting from this vacation agrees that the terms of this 'general public benefit' shall survive any changes in ownership for any portion of this [collection of] parcel(s), and as such shall notify any subsequent owners that the commitments made here will run with the land until they are completed as agreed." FISCAL IMPACT: Engineering, Environmental, Comprehensive Planning and Zoning Department 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, Agenda Item No. 17 A March 23, 2010 Page 2 of 13 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. This item is ready for Board consideration and approval. (STW) RECOMMENDATIONS: Adopt a resolution vacating an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically 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, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., County Land Surveyor Engineering, Environmental, Comprehensive Planning and Zoning Department Item Number: Item Summary: Meeting Date: Agenda Item No. 17 A March 23, 2010 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A 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-PL2009-1556, to disclaim, renounce and vacate the Countys and the Publics interest in an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit A. 3/23/20109:00:00 AM Date Prepared By Stephen H Iggln5 Community Development & Environmental Services County Surveyor Engineering & Environmental Services 2/23/20108:39:45 AM Michael Greene Date Approved By Transportation Services Project Manager Transportation Engineering & Construction Management 2/23/20109:08 AM Date Approved By Gerald Kurtz Transportation Division Project Manager, Principal Transportation Road Maintenance 2/25/20104:10 PM Date Approved By Steven Williams County Attorney Assistant County Attorney County Attorney 3/112010 10:48 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 3/2/20104:30 PM Approved By Date William D. Lorenz, Jr., P.E. Community Development & Environmental Services Director - COES Engineering Services Engineering & Environmental Services 3/3/20107:58 AM Approved By Date Nick Casalanguida Transportation Division Director - Transportation Planning Transportation Planning 3/9/20103:21 PM Approved By OMB Coordinator County Manager's Office Agenda Item No. 17A March 23, 2010 Page 4 of 13 Date Office of Management & Budget 3/10/20109:18 AM Date Approved By Jeff Klatzkow County Attorney 3/12/20102:11 PM Approved By Date Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/13/2010 9:43 AM <l:OC"') ....~~ ~~o o -It) ~Q) Cl '" ::::~a.. .gj:2: c CD Cl <l: ~ '" o o ...J "' ..~ '.., ..-f ..~. - '" Agenda Item No. 17 A March 23, 2010 Page 6 of 13 LEGAL DESCRIPTION A 20 FOOT ALLEY, BEING PART OF BLOCK 54, NEWMARKET SUBDIVISION. A 20 foot Alley, being port of Block 54, Newmorket Subdivision, os recorded in Plot Book 1, Poges 104 ond 105 of the Public Records of Collier County, Florido and being more porticulorly described os follows: BEGINNING at the westerly corner of Lot 1, Block 54; thence South 45'54'50" East, olong the northeasterly boundory of said 20 foot Alley ond common to the boundory of lots 1 through 9 of soid Block 54, 0 distance of 259.73 feet to the right-of-woy of Nixon Drive, formerly Roilroad Street per record plot; thence South 15'14'40" West olong soid right-of-way, a distonce of 22.83 feet; thence North 45'54'50" West olong the southwesterly boundory of soid 20 foot Alley ond common to the boundory of lots 11 through 21 of soid Block 54, a distonce of 270.74 feet to the right-of-woy line of Alochuo Street; thence North 44'05' 1 0" Eost olong soid right-of-woy, 0 distonce of 20.00 feet, to the POINT OF BEGINNING. Contoining 5,304.71 squore feet. Subject to eosements, restrictions ond dedicotions of record. Prepared by: sealed by surveyor ond occomponied by Sheet 2. A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS I< PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 Sheet 1 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION C 09.0025 olley vocation EXHIBIT "A" ;( .-, ~ ", p ~ Agenda Item No. 17A SKETCH OF DESCRIPTION e'" ~e ~ P.O.B. <2>\ ,.:110 Westerly Corner ~ 110\ , (../ _____ of Lot 1 ~~\ll~ ,,0 ~ \ Block 54. ....\~C'66 .. ~O<:J 00 ....0 ./ r> ~ ~ ~O. ,/ ,/ ~d \~ \ ....0 :f" 0 ~, ,/ ~\q ....0',/ ,/,/ ,/ ,/,/ ~O ,/ ....0' ,/ ,/ ,/,/ ,'I ,/ ....0' .f ~ 0(> ~ <S' l1'" ,/ ,/ ,/,/ ,0 ;' ....0' ,/ ,/ ,/,/ ,,, ;' ....0\ ~ 0(> ~ ;' <S' ,/ l1'" ,/ ,/ 0 ....0' ,/ ,/ ,/ 1 ....0' ,/ ,/ ,/ '6 0' v ,/ ,/ ,/ ,/,/ ,1 ;' ....0' ,/ ,/ ,/ ./,/ \ \~ ....0 ,/ ,/ ,/,/ ,~ ....0' ,/ ,/ ,/,/ " ....0' Note: Not volid unless occomponied by Sheet 1. EXHIBIT "A" NOT A SURVEY SKETCH OF DESCRIPTION ~ A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS ole PLANNERS 2223 TRADE CENTER WAY NAPLES. FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 REVISED OATE : DRAWN BY: AT SHEET .l_ OF .l_ Februory 26. 2009 SCALE: Not to Scole FILE NO. C 09.0025 . 1. ....'!:;. Agenda Item No. 17A March 23, 2010 Page 8 of 13 PROJECT NARRATIVE & STATEMENT EXPLAINING GENERAL PUBLIC BENEFIT Applicant's goal is to vacate the existing alley to pennit a unified and efficient use of the under utilized and noncompliant small parcels under common ownership that are located on either side of the alley. The unified plan of development will support a new restaurant within a County designated redevelopment corridor. Existing improvements are noncompliant relative to numerous development standards including but not limited to yard requirements (setbacks), drainage, landscaping, ingress-egress driveways and interconnection. Current improvements within the alley restrict benefit to the abutting lots and not to the general public. The vacation will pennit the proposed redevelopment of two of the parcels as a restaurant, which will be compliant with applicable LDC development standards and will greatly further the goal and desires for: . redevelopment, . increased local employment, . visual enhancement, . interconnectivity, . drainage, · pedestrian safety through the instaIlation of sidewalks and · vehicular safety through the reduction of r/w driveways and access points The extent of these enhancements is not possible through the individual use and individual redevelopment of the parcels. In addition to the benefits noted above, the general public will benefit from an increased tax base from: · the unified parcels and a proposed storm water management plan for the redevelopment which will yield excess drainage (water quality) capacity which will be reserved for and designated for the benefit of the County. Excess capacity is equal to Yz" over the entire site area; this quantity would provide the required water quality for a 230 If segment of Newmarket Road r/w from centerline to property line. Additionally, with the application for the restaurant parcel SDP, the developer will return an access/maintenance easement (D.E.lA.E./M.E) for below grade drainage infrastructure for the entire width and length of the alley requested to be vacated. VAC-PL2009.1SS6 REV. 1 NEW MARKET SUBDIVISION BLOCK 54 DATE: 10/8/09 DUE: 10/22/09 ..!A. ~ Agenda Item No. 17A March 23, 2010 Page 9 of 13 .... Based on discussions with Staff and correspondence with an Assistant County Attorney, it is our understanding that the vacated alley will be deeded to the associated abutting (4) parcels under separate ownership. The deeds will be held by the County and released for recording only when the applicant submits the following: 1. Quit-claim deeds from the non-applicant abutting owners who have provided letters of no objection in support of this petition. These deeds must be submitted to the County prior to or concurrent with the applicant's submittal of the application for the SDP site plan, which is an exhibit to the vacation petition. 2. An approval letter for the SDP site plan which is an exhibit to this vacation petition. And, said SDP shall include the pre-treat and/or water quality capacity reservation, one of the public benefits noted above. The SDP site plan shall be generally consistent with the proposed SDP site plan exhibit attached to this vacation petition, and shall include the easements and dedications referenced on said plan; which shall include: a. a storm water management plan for the redevelopment of the western Newrnarket Road frontage parcel which yields excess drainage (water quality) capacity reserved for and designated for the benefit of the County. An associated easement in a form acceptable to the County shall be provided for this reservation benefitting the County. b. an access/maintenance easement (D.E.lA.E./M.E), in a form acceptable to the County, for below grade drainage infrastructure over the entire width and length of the alley requested to be vacated. c. an ingress-egress / cross access easement and associated landscaping/irrigation! maintenance easement between the two Newrnarket Road fronting parcels which provides for the western fronting parcel to seek and thereafter install and maintain improvements of pavement, traffic control markings and signs, associated landscaping buffer and irrigation improvements which front Newrnarket Road, Agenda Item No. 17 A March 23, 2010 Page 10 of 13 RESOLUTION NO. 2010-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP, 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, lBO, LLC and SAFA, LLC, request the vacation of an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A". WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioners' request will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the 20-foot wide alley 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; to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2010. 1012 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams S'f"'" Assistant County Attorney 2,41.11> Attachments: EXHIBIT A - Legal Description CP\10-EIS-01887\5 Agenda Item No. 17 A March 23, 2010 Page 11 of 13 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman 20f2 Agenda Item No. 17A March 23, 2010 Page 12 of 13 rl Naples DaII, News · Sunda" IIarcb 7,2010 . UD A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RElATING TO PETlTlON VAC-Pl2009.1SS6, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENEOAND UNUSED 2a-FOOT WIDE ALLEY ALONG T1iE REAR LINE OF LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO. THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF.THE PUBLIC RE. ~glW~, :N~~~W'kW,U~~IE~L~~g~~AriE~o~~ ~m~~~~w~~~rr,~ EXH_IBrr*A.. . - - ..';': -_'_~',':~T?;:":< NOTE: All Persons wishing to speak on any agenda item mLst register wtt~',the ~d~j~u~~~~~~t:iIlP~~I~~:r~~ta~~~~:: o~~:yg~~ :~ ~~rc:~t:~~~ ~!~~U~ tfh~~ir~ '~~k~::rs: ~~~a~i~~~i~~ g~ ~:;~~~ti~~C~;;~:'all~:dfo minutes to speak: on an Item. ' Persons wishing to have written or graphic materials included in the Board agenda p~i:lr ~~~g~Ub~tta~idca~~t~~:n m~~~~ri:ts ~~~n=~o pt;' c~~s~~~~ Coard shall be submitted to the appropriate County staff a minimum of seven days prior to the' public hearing. All material US~ in prese~tatl:on5before the Boai'd willbecomeapermanentpartoftherec~rd. ' ";_ :~. '-'. . Any person who deddesto' appeal a decision of the BOci~d- will need a record of the: r:~:;t~~g~h~e~~~~Ji~~~rf:o m~~~, t~h~~~ec~r~ j~~~d: ttn:Ut~~~a~n;' t~r~~, "j 'dence upon which the appeal is based. If you are a person with a disability who needs-any accom'modatlori in order to par~ . ticlpate in this proceedIng; you are entitled, at no cost to you, to the provision of ~~~n I~~~:n~~. 3j~:sTa~~rT:~i1 ;:~e~U~~I~: ~~C~~~~s,Mt:~m:4ltf.e~~~). 252-8380. AsSisted listening devices for, the hearing impaired are Ivallable in, the County Commissioners' O!fice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK. CLERK flEAtrn Je,nnejohn, Deputy Clerk , MArt'h 7 II. 14 'nlO ' ... NO:1R4]4IlR 7 Naples DeBy News. Sunday, March 14, 2010 ..23D ~::.~-'~'~:-=::::::=:::::7:.~.:7::::::::::::::::::::~'~~=:_":::::N:":":::::=:::;: ".-. ....._'~..N~___ II['}/{~:('l."j' ~ ~ / 11[. II['}/ [~:('J.l',l ~ ~/III. NOTICE OF PUBLIC HEARING TO CONSIDER RESOLlITION ~lifheol~ ~~k ~:~ln~~n ~~~o:;~ ~r~O~~2<ifomi~~:nB~r~oo~~i~rdC~~ ~~I~=5,O~lo~I~~~in~e =rni~IWbe;I~:~g;OontA.~~ t~2~~ ;~=:1 Resolution 15 as follows: A RESOLlITlON OF THE BOARD OF COUNTY COMMISSIONERS OF 'COLUER COUNTY. FLORIDA, RELATING TO PETITION VAC-PL2009-1SS6, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 2~FOOT WIDE ALLEY ALONG THE REAR LINE Of LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54,. NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECQRDED IN PLAT BOOK 1, PAGES 104 AND lOS, OF THE PUBLIC RE- CORDS OF COLLlEll COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". .' NOTE: All Persons Wishing to' "~pe.k, on any, ag~da :Item. mUst regist~r with the ~d~~~u:~~~~t~IIP~~i~h:d~W:~~rn= o~~~g.~~, I~~~na:~~~ . ~:~~U~y t~h:P~~:ir~ =~::~~ ~~~a~i:~~~ :: ~::au,ftz:ti~~c~:;~'allgtt':oPo . minutes fa speak on an item. Persons wishing to have wrlttE!'n or graphic materials included in the... Board agend~ p~~7r h~~~g~ub::;ita~idca~~t:~~n m~~~:;s ~~t~nd~~o ~b':rc:S~:redb~h: Coard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before -the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the ~:=r~~g~~;r~:~i,:rrstom~d~, ~r::~or~ec~l i~::'d: ::Ut':st~r: :~;~~ dence upon which the appeal is b'ased. " . , , . If you are a person with "a disability who needs any accommodation in order to par~ ticlpate in this proceeding; you are - entitled, at no cost to you. to the provision of certain assistance. Please contact the Collier County Facilities Management De~art~ ~~~i3~~a:~I~~lfl~e~l~gl~~~i~~:,lIf;:s:t,eB~~~~~v.:ri.:=!_J;r~~1fa'~1~2'in 2:~l~ Cou".ty Commissloners'Office. - - - :,:.,' . ~gfiWRf6t~;rL~~:t,~ISSIONERS FRED W. COYLE, CHAIRMAN DWIGHT E.BROCK. CLERK. r~Atnn Jen,n~john; ;~eputy a,~rk Marrh 7 & 14 '010 N~1R4'41i8 Agenda Item No. 17A March 23, 2010 Page 13 of 13