Agenda 09/11/2018 Item #17A09/11/2018
EXECUTIVE 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-PL20170004446 to disclaim, renounce and vacate the conservation easement
described in O.R. Book 3635, Page 3683 of the Public Records of Collier County, Florida. The
subject property is located on the south side of Livingston Woods Lane, just north of the Pine Ridge
Road and Whippoorwill Lane intersection, in Section 7, Township 49 South, Range 26 East, Collier
County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and public interest in the conservation
easement described in O.R. Book 3635, Page 3683 of the Public Records of Collier County, Florida,
being more specifically shown in Exhibit A to the attached Resolution.
CONSIDERATIONS: Petition VAC-PL20170004446 has been received by the Development Review
Division, Growth Management Department, from Brian Howell of Phoenix Associates of Florida, Inc., on
behalf of the property owners, Rhomar Co. Ltd. and Manuel and Collette Nemer, to vacate the
conservation easement described in O.R. Book 3635, Page 3683 of the Public Records of Collier County,
Florida as further described in Exhibit A to the attached Resolution.
The applicant is proposing to vacate a 0.02-acre (880 sq. ft.) conservation easement on property within
the Ragge PUD (Ordinance No. 01-07, as amended). The conservation easement was granted to the
County in 2004 as a condition of the Terraza at Pine Ridge Site Development Plan approval (SDP-2003-
AR-4482). A subsequent SDP Amendment in 2006 (SDPA-2006-AR-10443) removed the preserve area
from the site development plan. In lieu of the preserve area, staff approved the preservation of seven
native trees on site because they determined that there was not sufficient native habitat on-site for a
preserve area. However, although the preserve area was removed from the approved site development
plan, the recorded conservation easement was never vacated. Now, the owner is seeking a new SDP for
this property, and they need to vacate the conservation easement in order to accommodate their proposed
site plan and layout. However, as part of the new SDP approval, the owner will still be required to provide
a certain number of native trees on-site in accordance with the native vegetation preserve requirements
under the Land Development Code.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: The Growth Management Department, Development Review Division 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 plan impact associated with
this action.
LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of the conservation easement
described in O.R. Book 3635, Page 3683 in the Public Records of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 125.01 and 125.37, the Board may adopt
resolutions to extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof,
granted to the County or public by any instrument recorded in the public records of Collier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
when such interest is granted to the County or public by any instrument recorded in the publ ic records
17.A
Packet Pg. 2899
09/11/2018
other than on a subdivision plat, when the following criteria are met:
1) Public benefit is established or no public detriment is established
Moreover, this request to vacate a conservation easement is consistent with the County’s vacation
procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that “A
conservation easement may be released by the holder of the easement to the holder of the fee even though
the holder of the fee may not be a governmental body or a charitable corporation or trust.”
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20170004446,
which will vacate the conservation easement described in O.R. Book 3635, Page 3683 of the Public
Records of Collier County, Florida, located in Section 7, Township 49 South, Range 26 East, Collier
County, Florida; and direct the Clerk to the Board to record a certified copy of the Resolution in the
Public Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution initialed by SAS - 060718 (PDF)
3. Affidavit of Authorization (PDF)
4. Deed of Conversation Easement OR 3635 pg 3683 (PDF)
5. Legal Ad - Agenda ID #5911 (PDF)
17.A
Packet Pg. 2900
09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 5911
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-PL20170004446 to disclaim, renounce and vacate the conservation easement
described in O.R. Book 3635, Page 3683 of the Public Records of Collier County, Florida. The subject
property is located on the south side of Livingston Woods Lane, just north of the Pine Ridge Road and
Whippoorwill Lane intersection, in Section 7, Township 49 South, Range 26 East, Collier County,
Florida.
Meeting Date: 09/11/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
08/01/2018 10:04 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/01/2018 10:04 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 08/01/2018 10:29 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/01/2018 2:09 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/07/2018 8:36 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/09/2018 5:47 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 11:35 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/20/2018 3:14 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/21/2018 11:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2018 3:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2018 1:31 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/23/2018 9:48 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2018 6:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
17.A
Packet Pg. 2901
17.A.1Packet Pg. 2902Attachment: Application (5911 : VAC-Kramer Drive)
17.A.1Packet Pg. 2903Attachment: Application (5911 : VAC-Kramer Drive)
17.A.1Packet Pg. 2904Attachment: Application (5911 : VAC-Kramer Drive)
17.A.1Packet Pg. 2905Attachment: Application (5911 : VAC-Kramer Drive)
17.A.2
Packet Pg. 2906 Attachment: Resolution initialed by SAS - 060718 (5911 : VAC-Kramer Drive)
17.A.2
Packet Pg. 2907 Attachment: Resolution initialed by SAS - 060718 (5911 : VAC-Kramer Drive)
17.A.2Packet Pg. 2908Attachment: Resolution initialed by SAS - 060718 (5911 : VAC-Kramer Drive)
17.A.2Packet Pg. 2909Attachment: Resolution initialed by SAS - 060718 (5911 : VAC-Kramer Drive)
17.A.3
Packet Pg. 2910 Attachment: Affidavit of Authorization (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2911Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2912Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2913Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2914Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2915Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2916Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2917Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.4Packet Pg. 2918Attachment: Deed of Conversation Easement OR 3635 pg 3683 (5911 : VAC-Kramer Drive)
17.A.5
Packet Pg. 2919 Attachment: Legal Ad - Agenda ID #5911 (5911 : VAC-Kramer Drive)
17.A.5
Packet Pg. 2920 Attachment: Legal Ad - Agenda ID #5911 (5911 : VAC-Kramer Drive)