Agenda 05/11/2010 Item #17B
Agenda Item No. 17B
May 11, 2010
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL2010-264, NAPLES MAZDA, to disclaim,
renounce and vacate the County's and the Public's interest in those easements originally
recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369
& 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South,
Range 25 East, Collier County, Florida, and being more specifically depicted on Exhibit
"A", and accept the replacement drainage easement depicted and described on Exhibit
"B".
OBJECTIVE:
To adopt a resolution vacating the County's and the Public's interest in those easements
originally recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page
1369 & 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South, Range
25 East, Collier County, Florida, and being more specifically depicted on Exhibit "A", and accept
the replacement drainage easement depicted and described on Exhibit "B" in place of the
vacated easement area.
CONSIDERATIONS:
Petition VAC-PL2010-264, NAPLES MAZDA, has been received from Jeffery A. Nunner of
Nunner LLC as agent for the Petitioner, Myers Enterprises of Naples LLC. This vacation request
is intended to vacate several existing drainage easements listed above which are located under
the proposed building area. The Petitioner offers an alternate easement to convey drainage in
place of those being vacated free of any encumbrance. No letters of objection are required as
the only user of the existing easements would be the owner/petitioner and Collier County and
the petitioner also owns all surrounding properties.
FISCAL IMPACT:
Engineering, Environmental, Comprehensive Planning and Zoning Department staff has
collected a $2,000 "Petition 10 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 wilh this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
Agenda Item No. 178
May11,201o
Page 2 of 17
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no known historical or archaeological impacts.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the associated legal documents for
legal sufficiency. This item is ready for Board consideration and approval. - STW
RECOMMENDATIONS:
To adopt a resolution vacating the County's and the Public's interest in those easements
originally recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page
1369 & 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South, Range
25 East, Collier County, Florida, and being more specifically depicted on Exhibit "A", and accept
the replacement drainage easement depicted and described on Exhibit "B" in place of the
vacated easement area.
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., Land Surveyor
Engineering, Environmental, Comprehensive Planning and Zoning
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17B
May 11, 2010
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
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-PL2010-264, Naples Mazda, to disclaim, renounce and vacate the
Countys and the Publics interest in those easements originally recorded in Official Record
Books, 1372, page 2332 through 2335, Book 1564, page 1369 & 1370, Book 1600, page
1317 & 1318 and Book 1644, pages 1945 through 1948 of the Public Records of Collier
County, Florida, all situated in Section 11, Township 49 South, Range 25 East. Collier
County, Florida, and being more specifically depicted on Exhibit A, and accept the
replacement drainage easement depicted and described on Exhibit B.
5/11/20109:00:00 AM
Date
Prepared By
Stephen Higgins
Community Development &
Environmental Services
County Surveyor
Engineering & Environmental Services
4/22/201012:18:07 PM
Michael Greene
Date
Approved By
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
4/22/201012:45 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
4/231201011:47 AM
Approved By
Date
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - COES Engineering Services
Engineering & Environmental Services
4123/2010 12:40 PM
Date
Approved By
Steven Williams
County Attorney
Assistant County Attorney
County Attorney
4/27/20109:37 AM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
4/27/20109:39 AM
Date
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
4/28/20101:17 PM
Approved By
OMS Coordinator
County Manager's Office
Agenda Item No. 176
May 11, 2010
Page 4 of 17
Date
Office of Management & Budget
4/29/20108:11 AM
Date
Approved By
Jeff Klatzkow
County Attorney
4/29/201010:22 AM
Mark Isackson
Date
Approved By
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
5/3/201010:17 AM
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Agenda Item No. 17B
May11.2010
Page 8 of 17
Prepared by:
Christopher Marsala, Esq.
Florida Bar No.: 0936766
CARDILLO, KEITH & BONAQUlST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
DRAINAGE EASEMENT
TillS EASEMENT, made and entered into this _day of March 2010, by MYERS
ENTERPRISES OF NAPLES LLC as Grantor and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, as Grantee.
(Wherever used the terms "Grantor' and "Grantee" include all the parties to this instrument and the heirs,legal
representatives and assigns of individuals, and the successors and assigns of corpora.tions.)
WIT N E SSE T H:
Grantor for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid the Grantee, the receipt and sufficiency of which is here
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege
to enter upon and to install and maintain drainage and utility facilities on the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A"
which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and
maintaining drainage and utility facilities thereon. Grantor and Grantee are used for a singular or
plural, as the context requires.
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Agenda Item No. 17B
May 11, 2010
Page g of 17
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
MYERS ENTERPRISES OF NAPLES LLC
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The foregoing Drainage Easement was acknowledged before me by Thomas P. Myers as
President ofMYERS ENTERPRISES OF NAPLES LLC, acting in its capacity as the duly authorized
officer of MYERS ENTERPRISES OF NAPLES LLC on behalfofthe limited liability corporation.
BONNIE L. NEYHART
MY COMMISSION # DD 582318
EXPIRES: October 6 2010
Bonded Thlu No:arj'PLlbiic U~de~n!e~s
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Agenda Item No. 176
May 11, 2010
Page 11 of 17
Prepared by:
Christopher Marsala, Esq.
Florida Bar No,: 0936766
CARDILLO. KEITH & BONAQUIST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
D&UNAGEEASEMENTCONVEYANCEAGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement'') is made and entered into
on this _day of 2010, by and between MYERS ENTERPRISES OF
NAPLES LLC whose mailing address is 6381 Airport-Pulling Road North, Naples, Florida 341 09
(hereinafter referred to as "Grantor") and COLLIER COUNTY, apolitical subdivision of the State
of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County a perpetual, non-
exclusive easement, license, and privilege to enter upon and to install and maintain drainage and
utility facilities on the following described lands located in Collier County, Florida, described in
Exhibit" A" (hereinafter referred to as the "Easement"), which is attached hereto and made part of
this Agreement; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement
to the County for the stated purposes, on the terms and conditions set forth herein, said terms
including that no compensation shall be due and payable for the Property requested by County.
NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is here
mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below, and all Exhibits referenced herein are made a part of
this Agreement,
2. Grantor shall convey the Easement to County, in a form acceptable to County and at no cost
to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County
of a property executed easement instrument) is hereinafter to as the "Closing."
3. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their recording
in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide
Agenda Item No. 17B
May 11, 2010
Page 12 of 17
County with a copy of any existing prior title insurance policies. Grantor shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Easement.
5. County shall pay all fees to record any curative instruments required to clear title, and all
Easement instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and delivery of a
Release or Subordination of any mortgage, lien or other encumbrance recorded against the
property underlying the Easement.
6. This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits.
7. Conveyance of the Easement by Grantor is contingent upon no other provisions, conditions,
or premises other than those so stated above; and this written Agreement, including all
exhibits attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein,
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
BY:
Deputy Clerk
FRED W. COYLE, CHAIRMAN
~\.,u~~ \...J\;;'t k\'A:'~...,(
Name (print or Type)
w~sffL!(i!)
M. /leak ~/p
Name (print or Type)
Approved as to fonn and
legal sufficiency:
Assistant County Attorney,.'/.i'
'.f.Y".
Agenda Item No. 176
May 11, 2010
Page 13 of 17
Agenda Item No. 178
May 11, 2010
Page 14 of 17
RESOLUTION NO. 10-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC-PL2010-264, NAPLES
MAZDA, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THOSE
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL
RECORD BOOKS 1372, PAGE 2332 THROUGH 2335, BOOK
1554, PAGE 1369 & 1370, BOOK 1600, PAGE 1317 & 1318
AND BOOK 1644, PAGE 1945 THROUGH 1948 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL
SITUATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE
SPECIFICALLY DEPECTED ON EXHIBIT "A", AND ACCEPT
THE REPLACEMENT DRAINAGE EASEMENT DEPICTED
AND DESCRIBED ON EXHIBIT "B".
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes,
Petitioner, Myers Enterprises of Naples, LLC has requested the vacation of the
County's and the Public's interest in those easements originally recorded in
Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369 &
1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948
of the Public Records of Collier County, Florida, all situated in Section 11,
Township 49 South, Range 25 East, Collier County, Florida, and being more
specifically depicted on Exhibit "A", and accept the replacement drainage
easement depicted and described on Exhibit "B".
WHEREAS, in conjunction with, and as part of Petitioner's request,
Petitioner has offered for dedication a replacement drainage easement area,
attached hereto and depicted in Exhibit "B", in the place of the vacated easement
area; and
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 the Petitioner's request will not adversely
affect the ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in those originally recorded easements as specifically depicted in Exhibit 'A' are
hereby vacated, extinguished, renDunced and disclaimed, and this action is
declared to be in the Public's interest and for the Public's benefit.
Agenda Item No. 176
May 11, 2010
Page 15 of 17
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 CDllier County, Florida.
This Resolution adopted after motion, second and majority vote favoring
same, this _ day of , 2010,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams {v
Assistant County Attorney'>l/}30\IO
CP\ 1 O-EIS-01905\8
Naples Daily News · Sunday, April 25, 2010 . 19D
II [.} j [~::f '11,'" ~ ~ j II [. II [.} j [~ ::f '11,', 1 ~ ~ j II [. .
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLllTION
Notice is hereby given that the Board of County Commi~ioners of Collier County
will hold a public hearing on Tuesday, M(!c 1 1, ~010 in the Boardroom. 3rd Floor,
~~~Ir;:;j~~~lo~~1~i1;e ~~ing Co:I"\egl~v:~n~~c~.~~n~~ t~~~f ;h: p~~~~
Resolutionis Ii follows; /
A RESOLUTION OF THE BOARO OF COUNlY' COMMISSIONERS OF roWER COUNTY,
FLORIDA, RELATING TO PETITION VAC'Pl2010-264, NAPLES MA2DA, TO OISCLAJM,
RENOUNCE AND VACATE THE COUNlY'S AND THE PUBLIC'S INTEREST IN THOSE
EASEMENTS ORIGINAllY RECORDED IN OFFIOAl RECORD BOOKS 1372,PAGE 233~
THROUGH 233S, BOOK 'S54, PAGE 1369 & 1370, BOOK 1660, PAGE 1317& 1318
AND BOOK 1644, PAGE 1945 THROUGH 1948 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALL SITUATED IN'SECTlON 11: TOWNSHIP 49 SOUTH, RANGE 2S
EAST,.,CQLLleR;J:PuNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED ON
~~~~~s~M~t~e ;:~W':B!~EREp,LACEME.N; OJ!A'!lA~E .i"'5EM~NtDEP.lqyD
NOTE: All Persons wishing to speak on any agenda item must register with the
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~:~~u~y tfh:P~h~ir~~ ~~~:~~r:.~ ~~~a;i~~~~; 6; ~::au~z~ti~~c~:;1:.all~;:dopo
minutes t~ speak on an item.
PersOns wishing to have written or graphic materials included in the Board agenda
~~kts h~~~g~ub~ita~~j~a~:.t~~~:n m~~~~riZJsl~t:n~:d~o Pt:r c~~sm:r:dsb~;h:
Board 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
~;~~dd~fg~hr~r~~~~i~~~ristom~~~, t~hrhr~ec~r'd i~~~~:~ th~u;:st1~a~n~ ~~3a~~i-
dence upon which the appeal is based.
~icr;a~eai~ ~~se~~~c~iJrn~; ~:::~i~ ~~ftl~d~~~ ~nJ ~~~orom:~~.tj~ ;~~0~~~~i:~~a6f
~~i,nl~~~~dn~~. 3~~fs~a~I~~~ T;~8 ~~~e~uJtdl~: ~~C~~~i:s,M~~:ia~tn;J;\f.e~~)
252-8380. Assisted listening devices for the hearing impaIred are available In the
County Commissioners' Office. - .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FRED W. COYLE, CHAIRMAN
DWlGHT E. BROCK. CLERK
~~A~)n Jennejohn, Deputy Clerk
Anril J'i'" M;lV J ]"010
Nn1R'i06J1
Agenda Item No. 17B
May 11, 2010
Page 16 of 17
Naples DaDy News. Sunday, May 2, 2010 . 19D
NOTICE. OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice Is hereby gtven that the Board of County Commissioners of Collier County
will hold a public hearing on Tuesday, M~ 11. ~010 in the Boardroom. 3rd Floor.
~".I~:t~~~lo~~~~infi;e ~~~jn;~I~i~~~n~oontA.~n~~ t~f~~~h~ p~~=J
Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY,
FLORIDA, RELATING TO PETITION VAC.pt,10,o.264. NAPLES MA2DA, TO DISClAlM,
RENOUNCE AND VACATE. THE COUNTY'S AND THE PUBLIC'S INTEREST IN THOSE
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOKS 1372, PAGE 2332
THROUGH 233S, BOOK 1S54, PAGE 1369 & 1370, BOOK. 1660, PAGE 1317 & 131B
AND BOOK 1644, PAGE '94S THROUGH 1948 OF THE PUBLIC ,RECORDS OF COLLIER
COUNTY, FLORIDA, ALL SITUATED IN SEcrJON 11, TOWNSHIP 49 SOUTH, RANGE 2S
EAST, COlliER COUNTY, FLORIDA, AND BEING MORE SPEOFICALlY DEPICTED ON
EXHIBIT "A", AND ACCEPT TI-lEREPLACEMENT DRAINAGE EASEMENT DEPICTE!?
AND DESCRIBED ON EXHIBIT "B..
NOTE: All Persons wishing to speak on any agendi it~m must register with the
~di~i~U~~;~~~~~IIPb~~i:t~~~ta~~~~:sf o~n~g~~~ ifh~ s~e~ro~~::r:s~\~:
~:~~u~ t~h:pC~~jr~na ~~k~::rs~~ ~~~a~i~~~~~ ~; 2:~~~z~ti~~C~:;~'all~;:dOfD
minutes to speak on an item.
Persons wishing to have written or graphh: materials included in the Board agenda
packets must submit saic:( material a minimum of 3 weeks prior to the res~ve
G~~~~ s~~jr~~. su~nm~td c::ih:r~~~~;;'~\~it~u~n~e~a'W :om~~~~i~r~ d~~
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 wi!1 need a record of the
r;:r~~,g~h~e:'~~~~~l~~~rf:o m~~, th:h~~r;~c~r: i~~~~~~ t~r:u;:n1~a~~~ ~~3a~~~
dence upon which the appeal is bas_ed. . .
If you are a person with a disability who needs any accommodation In or.der to par-
ticIpate in this proceeding; you are entitled, at no cost to you, to the provision of
~:t I~~n;f. 3~~fs~a~~~f T~~~ f~~eBu~~~~ ~~C~~~i~s. MA~~i%~m;4~\f.e~~)
252-8380. Assisted listening devices for the hearing impaIred are available in the.
County Commtssioners' ,office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
AnTi! 71:\ & M'tv' 2010
Nn 18506:71
Agenda Item No. 176
May 11, 2010
Page 17 of 17