Agenda 09/28/2010 Item #17E
Agenda Item No. HE
September 28, 2010
Page 1 of 9
EXECUTIVE SUMMARY
~
Recommendation to approve Petition VAC-PL2010-965, to disclaim, renounce and vacate
the County's and the Public's interest in a portion of a 20-foot wide Lake Maintenance
Easement over Lot 36, of Park Place West, a subdivision according to the Plat thereof as
recorded in Plat Book 17, Pages 32 and 33, of the Public Records of Collier County,
Florida, situated in Section 15, Township 48 South, Range 25 East, Collier County,
Florida, the subject portion of 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 portion of a 20-foot
wide Lake Maintenance Easement over Lot 36, of Park Place West, a subdivision according to
the Plat thereof as recorded in Plat Book 17, Pages 32 and 33, of the Public Records of Collier
County, Florida, situated in Section 15, Township 48 South, Range 25 East, Collier County,
Florida, the subject portion of easement to be vacated is more specifically depicted and
described in Exhibit "A".
CONSIDERATIONS:
Petition VAC-PL2010-0965, has been received by the Engineering Services, Growth
Management Division, Planning and Regulation from Douglas Smith for Lynne Smith owner,
requesting the vacation of a portion of a 20-foot wide Lake Maintenance Easement so the owner
can expand their existing lanai. The abutting property owners on each side of the proposed
vacation have responded with letters of no objection to the addition of the lanai and the
proposed vacation. The Homeowner's Association has also produced a letter of no objection.
The platted drainage easements were dedicated to Collier County with no responsibility for
maintenance and to Park Place West Homeowners Association, lnc with the responsibility for
maintenance. Sole responsibility for any additional cost which may be incurred due to the
reduction in easement width will lie with Park Place West Homeowners Association, Inc. Given
the nature of the Lake Maintenance Easement, no utilities companies or emergency services
such as the Collier Sheriff or Fire and Rescue have been notified. All required documentation as
required by Collier County Resolution 2006-160, Attachment "B", Policy and Procedure for the
vacation and annulment of plats or portions of plats of subdivided land, has been submitted,
therefore county 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.
Agenda Item No. 17E
September 28,2010
Page 2 of 9
ENVIRONM1!MTAL 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 the County's and the Public's interest in a portion of a 20-foot wide
Lake Maintenance Easement over Lot 36, of Park Place West, a subdivision according to the
Plat thereof as recorded in Plat Book 17, Pages 32 and 33, of the Putilic Records of Collier
County, Florida, situated in Section 15, Township 48 South, Range 25 East, Collier County,
Florida, the subject portion of 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, 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
Land Development Review Services, Growth Management Division, Planning and Regulation
Attachments: 1) Location Map
2) Homeowner's Association Letter of no Objection
3) Exhibit 'A'
4) Resolution
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17E
September 28,2010
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HE
This item requires thai 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-PL2010-965, to disclaim, renounce and vacate the Countys and the
Publics interest in a portion of a 20-foot wide Lake Maintenance Easement over Lot 36, of
Park Place West, a subdivision according to the Piat thereof as recorded in Plat Book 17,
Pages 32 and 33, of the Public Records of Collier County, Florida, situated in Section 15,
Township 48 South, Range 25 East, Collier County, Florida, the subject portion of easement
to be vacated is more specifically depicted and described in Exhibit A.
9/28/20109:00:00 AM
Prepared By
Stephen Higgins
Community Development &
Environmental Services
County Surveyor
Date
Engineering & Environmental Services
9/3/20106:59:45 AM
Approved By
Steven Williams
County Attorney
Assistant County Attorney
Date
County Attorney
9/7120102:39 PM
Approved By
Michael Greene
'Transportation Services
Project Manager
Date
Transportation Engineering &.
Construction Management
9/8/20108:46 AM
Approved By
Jeff Klatzkow
Cnunty Attorney
Date
Approved By
918/2010 S:37 AM
Gerald Kurtz
Transportation Division
PrOject Manage:-, Principar
0<';t0
Transpor.:ation Road Maintenance
913/2010 ~:5S DM
Approved By
Judy Puig
Ccmmunit~' Develooment &
Environmental Services
Dperations Analyst
Date
Gommunity 8eveiopmern &.
::nvironmentai Services
9/9!20'iO 2:07 PM
Approved By
wnUam D. Lorenz, Jr., P.E,
Communit}, Development &
Environmental Services
Director" GDES Engineering Services
Date-
::.ngineering & Environmental Services
9/11/2010 K:OS AM
Approved By
Norm E. Feder, Ale?
Transportation Division
Agenda Item No. 17E
September 28, 2010
Page 4 of 9
Administrator ~ Transportation
Date
Approved By
Transportation Administration
9/14/201010:23 AM
Nick Casalanguida
Transportation Division
Director M Transportation Planning
Date
Transportation Planning
9/14/20105:07 PM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Approved By
Office of Management & Budget
9/16/20101:55 PM
Mark Isackson
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Date
Office of Management & Budget
9/18/20102:52 PM
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Agenda Item No. 17E
September 28, 2010
rage 6 of9
.....
VAC-PL2010-965 REV2
1156 IMPERIAL DRIVE!:]
DATE: 8/5/100
DUE: 8/19/10
To whom it mav concern
Re: 1156, Imperial Drive, Naples, FL 34110
The Board of this community accepts the recominendation of its Architectural
Review Committee to allow the two phase alteration requested to be made to the
above property.
The first phase, consisting of internal alteration requiring the relocation of sliding
glass doors and the installation of a hurricane shutter to the outside opening, is
formally approved and may commence immediately.
Approval is also given to the proposed vacation of the existing 20 foot wide Lake
Maintenance Easement - as the first step in the second phase process to expand the
lanai. The expansion itself has Board approval subject to the granting of all
necessary permits required and issued by Collier County.
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J(mRlches
Vice President, Park Place West HOA
June 23'd, 2010
1203 Imperial Drive, Naples, Florida 34110
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CEtftlfied To:
Douglas B. Smith and Lynne Smith
Rel'i!l/Ons:
RevIsed COI'llrol [IevotKm line
7~6-20tO
S{.tcn Of <D.scription
'W.O.# 10-0936-01
<Date: 24 Jun. 2010
Parcel DescflptJon:
The South 7.5 feet of the North 20.0 feet of Lot 36, of Pork Place West, 0 subdivision according to the map or plot thereof,
on file and recorded in the Office of The ClerK of Circuit Courts, Collier County, Floripo, at Plat Book 17, Pages 32 through JJ,
indu5i~e. Berng more particularity described as follows:
Commencing aT The NorthweST corner of said lot 36; Thence run S 00001'23"[ along The Westerly line of said Lor 36 for
12.50 feet to the Pornt of Beginning; thence cantiroe S 00001'23"[ along sold Westerly line of Lot 36 for 7.50 feet to the
Sooth Jme of 0 20 Foot drainage and maintenance easement depicled on said map or E'lati thence run N 89"58'37"[ along
said Sooth line of 0 20 foot drainage easement for 53.00 feet to the Easterly 11118 of '~ald Lot ~6; lhence run N OOoOI'ZJ"W
along said Easterly 111'109 of Lot 36 far 7.5 feet; thence run S89"58'37"W for 53.00 feet TO the POint of Beginning_
fPOlNTncCOMt1ENCEHENT CONTROlELEVATJONlIti:-.....
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1156 IMPERIAL DRIVE
DATE 8/5/10_
DUE: 8/19/10
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Agenda Item No. 17E
September 28,2010
Page 8 of9
RESOLUTION NO. 2010-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC-PL2010-965, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND PUBLIC
INTEREST IN A PORTION OF A 20-FOOT WIDE LAKE
MAINTENANCE EASEMENT OVER LOT 36, OF PARK
PLACE WEST, A SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 32
AND 33, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION is,
TOWNSHIP, 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, AND MORE SPECIFICALLY DEPICTED AND
DESCRIBED IN EXHIBIT "A".
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner,
Lynne Smith, requests the vacation of a portion of a 20-foot wide Lake
Maintenance Easement over Lot 36, of Park Place West, a subdivision according
to the Plat thereof as recorded in Plat Book 17, Pages 32 and 33, of the Public
Records of Collier County, Florida, situated in Section 15, Township 48 South,
Range 25 East, Collier County, Florida. the subject portion of 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 portion of a 20-foot wide Lake Maintenance 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; 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.
Agenda item No. 17E
September 28, 2010
Page 9 of 9
DATE:
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
ArrEST:
DWIGHT E. BROCK, CLERK
Approved as to form and legal
sufficiency:
By:
FRED W. COYLE, CHAIRMAN
By:
Steven T. Williams ,<.J\\.~
Assistant Collier County Attorney ~\~
Attachments: EXHIBIT A - Legal Description
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