Agenda 11/09/2010 Item #17A
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to approve Petition )fAc-PL2010-1595, Marsilea Vllf-.',.l[
the County and "Public Interest in that portion ofl.;~ .'i
,,' 1...:;"..'", ' y as originally nJcordecl.,in Official Record Book 218, .'. <1" the
PublIC ~.~Iier County, Florida being IocaI8d in the southwest_"It~if the
northeast q......,of the southwest quarl8rof s,ction, 13, Township 48 South, Rarille 25
East, Colller,~ ~ being more specifically shown in Exhibit A.
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SUMMARY
OBJECTIVE:
To adopt a Resolution to vacate the County and the Public interest in that portion of a 3O-foot
wide easement for roadway as originally l'8COIdedin OffICial Record Book 218, page 734 of the
Public Records Collier County. Roridll being IQCated in the southwest quarter of the northeast
quarter of the southwest quarter of Section 13, Township 48 South, Range 25 East, Collier
County Florida being more specifically shown in Exhibit A. .
CONSIDERA TIONI:
Petition VAC-PL201Q.1595 has..~ received by the. Engineering ~s, Growth
Management Division, Plannint:l;~ RegtUtion from Keisha Westbrooke, pi' of Davidson
Engineering, Inc. as agent for..,Petltioner, Jeffery Henning, as Managing . of CYFL,
. LLC. Managing Member of Th&, ,',.: nt G, roup, Lt..C as Managing Member t Villas
II, LLC. This vacation request " tQ vacate a portion of a 3O-foot "h "i. t for
roadway not being used at: and not in~ended to be used in the ~. Letter of no
objection from abutting prope~I",:) , "..ve ~ rece~ed fro":l all wh~ ~, those who
elected to not respond have b.'.L~of dellyery with certified ITI8II the US
postal service.
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FISCAL IrtPAC1::
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Growth Management DMsion, Planning and Regulation staff has coUected a$2~OOtf" "
Vacate- fee from thepelitioner which covers the County's cost of reco<<ling and' ",
Petition. .
There is no growth rnanagemerft~ associated with this Executive Summary.
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There are no ~,. ." .., "':~ issues.
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Agenda Item No.11A,.
November 9, 2010f
Page 2 of 10 '
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The, y's Office has reviewed and approved this item for legal suffipL
item is ready ro.r..... consideration and approval. (RNZ) ,
Adopt the ResolutIon for Petition V AC-Pl201 0-1595 to vacate the County and Ihe.;f>>ublic
interest in that portion of a 3O-foot wide easement for roadway as originally recorded in Official
Record Book 218. page 734 of the Public Records Collier County, Florida being located in the
southwest.quarter.ofthe northeast quarter of the southwest quarter of Section 13, Township 48
South, Range 25 East, Collier County Florida being more specifically shown in Exhibit A.
Authorize the Chai",-, 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 Yind Surveyor
Land Development Services, Growth Management Division, Planning and Regulation
Attachments: 1) LocatianMap
2) Exhibit'A'
3) Resolution
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Agenda Item No. 17 A
November 9,2010
Page 3 of 10
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
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-PL2010-1595, Marsilea Villas, to disclaim, renounce and vacate the
County and the Public interest in that portion of a 30-foot wide easement for roadway as
originally recorded in Official Record Book 218, page 734 of the Public Records Collier
County, Florida being located in the southwest quarter of the northeast quarter of the
southwest quarter of Section 13, Township 48 South, Range 25 East, Collier County Florida
being more specifically shown in Exhibit A.
1119120109:00:00 AM
Meeting Date:
Prepared By
Stephen Higgins County Surveyor Date
Community Development & Engineering & Environmental Services 10/11/20107:37:15 AM
Environmental Services
Approved By
Michael Greene Project Manager Date
Transportation Services Transportation Engineering & 10/12/2010 9:16AM
. Construction Management
Approved By
Nonn E. Feder, AICP Administrator - Transportation Date
Transportation Division Transportation Administration 10/12/20101:47 PM
Approved By
Gerald Kurtz Project Manager, Principal Date
Transportation Division Transportation Road Maintenance 10/12/20102:28 PM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 10/12/20104:46 PM
Approved By
William D. Lorenz, Jr., P.E. Director - CDES Engineering Services Date
Community Development & Engineering & Environmental Services
Environmental Services 10f16f2010 9:33 AM
Approved By
Nick Casalanguida Director - Transportation Planning Date
. Transportation Division Transportation Planning 1 O/26f201 0 11 :07 AM
Approved By
Robert N. Zachary
County Attorney
Agenda Item No. 17 A
November 9,2010
Page 4 of 10
Assistant County Attorney
Date
County Attorney
10/26/20101:01 PM
Approved By
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
10/28/20109:19 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
10/28/20102:17 PM
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
10/29/20103:10 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
10/29/20103:23 PM
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Rhodes & Rhodes Land Surveying, Inc.
28100 Bonita. Grande Drive, Suite 107, Bonita. Springs, Florida. 34135
Phone (239) 405-8166 Fax (239) 405-8163
Agenda Item No. 17 A
November 9,2010
Page 6 of 10
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LEGAL DESCRIPTION
BEING A PORTION OF THAT CERTAIN ROADWAY EASEMENT AS DESCRIBED AND RECORDED
IN OFFICIAL RECORDS BOOK 218, 734, COLUER COUN1Y FLORIDA AlBO BEING A PORTION
OF THE SOUTHWFSr 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWFSr 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST.
BEGINNING AT NORTHWEST CORNER OF TRACT "C", IMPERIAL GOLF ESTATES PHASE V,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 69 AND 70 OF
THE PUBUC RECORDS OF COLUER COUNlY, FLORIDA; THENCE NORTH 00004'41" EAST,
AWNG THE WFSr LINE OF TIlE SOUTHWEST 1/4 OF THE NORnIEAST 1/4 OF THE
SOUTHWFSr 1/4 OF SECITON 13, TOWNSHIP 48 SOlITH, RANGE 25 EAST, A DISfANCE OF 30.00
FEET; THENCE NORTH 89005'44" EAST, A DISfANCE OF 603.13 FEET; THENCE SOUTH
00006'02" WEST, A DISTANCE OF 30.00 FEET TO A POINf ON THE NORTIlERLY BOUNDARY OF
SAID TRACT "C"; THENCE SOlITH 89005'44" WEST, ALONG LAST SAID LINE, A DISTANCE OF
603.12 FEET TO THE POINf OF BEGINNING.
CONTAINING 18,094 SQUARE FEET OR 0.415 ACRES, MORE OR LESS.
RHODES & RHODES LAND SURVEYING, INC. .
AJ)~~ID7ATI:NO.lB6897
THOMAS:e: IYIDDF.8, S~: '.
PROFESSION~SbRVJ1,Y~R.AND MAPPER
STATE OF PlPRIDAs JlCENSE NUMBER 5739
NOTV~-~~~SIGNATUREAND
THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSED SURVEYORAND MAPPER
R&R FILE NO. 2010-748
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VAC-PU01D-1595 REV:1
MARSllEA VilLAS
DATE: 9/14/10
DUE: 9/28/10
X:\2010\7DO-799\201D-748lGLdoc
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11
Agenda Item No, 17 A
November 9,2010
Page 8 of 10
RESOLUTION NO.1 0-
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION V AC-PL201 0-1595, MARSILEA
VILLAS, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN THAT PORTION
OF A 30-F00T WIDE EASEMENT FOR ROADWAY AS
ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK
218, PAGE 734, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, LOCATED IN THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE
SPECIFICALLY DEPICTED ON EXHIBIT "A",
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Jeffery Henning, has requested the vacation of the County and the
Public interest in that portion of a 3D-foot wide easement for roadway as
originally recorded in Official Record Book 218, page 734 of the Public Records .
Collier County, Florida being located in the southwest quarter of the northeast
quarter of the southwest quarter of Section 13, Township 48 South, Range 25
East, Collier County Florida being more specifically shown 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 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 interest
in the portion of the 3D-foot wide easement for roadway as specifically depicted
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
hereby directed to record a certified copy of the Resolution in the Public
Records.
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Agenda Item No. 17 A
November 9, 2010
Page 9 of 10
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This Resolution adopted after motion, second and majority vote favoring
same, this day of ,2010.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
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Robert N. lac ry -
Assistant County Attorney
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BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Agenda Item No. 17 A
, ',.,~, November 9,2010
Naples DaD,iNews . SuDda" Octobel' 24, 2010 . 19:0 Page 10 of 10
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Legals
Legals
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NOTICE
NOTICE
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, November 9, 2010 in the Boardroom, 3rC:1
Floor, Administration Buifding, Collier County. Government Center, 3301 East Ta-
miami Trail, Naples. Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION 'OF THE BOARD OF COUNTY COMMISSIONERS OF COUlER COUNTY,
FLORIDA, RELATING TO PETITION VAC-PL201D-1595, MARSILEA VIlLAS, TO DIS-
OAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THAT
PORTION OF A 3D-FOOT WIDE EASEMENT FOR ROADWAY AS ORIGINALLY RE-
CORDED IN OFFIOAL RECORD BOOK 218, PAGE 73-4, OF THE PUBLIC RECORDS OF
COLUER COUNTY, FLORIDA. LOCATED IN THE SOUllfWEST QUARTER OF SECTION
13, TOWNSHip 48 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, AND BEING
MORE SPEOFICAllY DEPlmD ON EXHIBIT -A-.. '
Copies of the proposed Resolution are on file with the Oerk to the Board and are
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 Administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If' recog-
nized by the Chair, 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 induded 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 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
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony andevi-
dence upon which the appeal is based. '
If you are a person with a disability who needs any accommodation in order to par-
tiClpatein this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Fadlities Management Depart-
ment, located at 3301 Tamiami Trail East, Building W, Naples. Florida 34112. (239)
252-8380. Assisted listening devices for the hearing impaired are available in the'
County Commissioners' Office. .
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
FRED W. COYLE. CHAIRMAN
DWIGHT E. BROCK. CLERK
~EAt'n Jennejohn, Deputy Clerk
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OcothPr 14 1010
No1RTB06
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