Agenda 10/23/2018 Item #17A10/23/2018
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-PL20180002425, to disclaim, renounce and vacate the County and the public interest
in the two Raw Water Well Site Easements and the County Utility Easement (C.U.E.) located along
the northerly border of Lot 1 of Alligator Alley Commerce Center Phase Two, as recorded in Plat
Book 49, Page 60 of the public records of Collier County, Florida. The subject property is located in
the southwest quadrant of the I-75 and Collier Boulevard intersection, located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item
17.B).
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the two Raw Water
Well Site Easements and the County Utility Easement (C.U.E.) located along the northerly border of Lot
1 of Alligator Alley Commerce Center Phase Two, as recorded in Plat Book 49, Page 60 of the public
records of Collier County, Florida, located in Section 34, Township 49 South, Range 26 East, Collier
County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20180002425 has been received by the Development Review
Division, Growth Management Department from the property owners 93 FLRPT, LLC and WR -I
Associates, Ltd., to vacate the two Raw Water Well Site Easements and the County Utility Easement
(C.U.E.) located along the northerly border of Lot 1 of Alligator Alley Commerce Center Phase Two, as
recorded in Plat Book 49, Page 60 of the public records of Collier County, Florida, located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida.
According to the plat, all Raw Water Well Site Easements (R.W.E.s) and C.U.E.s were dedicated to the
Collier County Water-Sewer District, and all C.U.E.s were also dedicated to the 951 Commerce Center
Property Owners Association, Inc. The Board of County Commissioners, as the ex-officio governing
body of the Water-Sewer District, has authority to vacate these easements on behalf of the District.
Moreover, the 951 Commerce Center Property Owners Association, Inc., has provided a letter of no
objection to the proposed vacation.
The two R.W.E.s are connected by a 20-foot C.U.E. along the north-northeastern border of the property
which is adjacent to I-75. The subject property is located within the I-75/Alligator Alley CPUD. These
easements were obtained as a commitment under Ordinance No. 2007-26, which rezoned the property from
the I-75/Alligator Alley “PUD “to “CPUD,” for future raw water well and transmission facilities. However,
County staff has indicated that wellfield improvements at this location are unlikely, and the County no
longer has any use or need of the easements. This resolution to vacate said easements, therefore, would not
result in a public detriment.
Further, County staff is working with the property owners to obtain a 30 -foot wide C.U.E. along the west
side of the PUD, at no cost to the County, in exchange for the County vacating these easements. The 30 -
foot C.U.E. will allow the County to relocate a water transmission main that is presently running along
the centerline of Collier Boulevard. According to staff, the County must relocate the water main prior to
the FDOT commencing major improvements to the I-75/Collier Blvd. interchange on or around 2021 and
obtaining the 30-foot C.U.E. would provide an ideal opportunity to accomplish the relocation. This 30-
foot C.U.E. commitment is proposed within the property owner’s current PUD Amendment petition
(PL20180000049), which will be heard by the Board as a separate companion agenda item.
The Development Review Division and Public Utilities Department have reviewed this petition and found
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no reason for objection.
FISCAL IMPACT: 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 two Raw Water Well Site
Easements and a County Utility Easement (C.U.E.) located along the northerly border of Lot 1 of
Alligator Alley Commerce Center Phase Two, as recorded in Plat Book 49, Page 60 of the public records
of Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions
vacating plats in whole or in part of subdivisions in Collier County, returning the property covered by
such plats either in whole or in part into acreage, when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established
2. The request does not invade or violate individual property rights
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated
4. The vacation will not affect the ownership or right of convenient access of persons owning other
parts of the subdivision.
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-PL20180002425,
which will vacate the County and the public interest in the two Raw Water Well Site Easements and the
County Utility Easement (C.U.E.) located along the northerly border of Lot 1 of Alligator Alley
Commerce Center Phase Two, as recorded in Plat Book 49, Page 60 of the public records of Collier
County, Florida, located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, being
more specifically shown in Exhibit A; 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 Resolution on the plat of Alligator
Alley Commerce Center Phase Two, as recorded in Plat Book 49, Page 60, of the public records of
Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Resolution - 083118 (PDF)
2. Application (PDF)
3. LONO 951 Commercial Center (PDF)
4. Statement of General Public Benefit (PDF)
5. 3105 Property Ownership Disclosure Form 09.04.18 (PDF)
6. Legal Ad - Agenda ID 6608 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 6608
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-PL20180002425, to disclaim, renounce and vacate the County and the public
interest in the two Raw Water Well Site Easements and the County Utility Easement (C.U.E.) located
along the northerly border of Lot 1 of Alligator Alley Commerce Center Phase Two, as recorded in Plat
Book 49, Page 60 of the public records of Collier County, Florida. The subject property is located in the
southwest quadrant of the I-75 and Collier Boulevard intersection, located in Section 34, Township 49
South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B).
Meeting Date: 10/23/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
09/06/2018 9:44 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/06/2018 9:44 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/06/2018 2:36 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/06/2018 3:48 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/07/2018 6:47 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 09/14/2018 9:11 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/20/2018 10:54 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/20/2018 1:19 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/24/2018 10:38 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/03/2018 11:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/03/2018 1:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/08/2018 8:34 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/08/2018 10:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/14/2018 6:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
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17.A.1
Packet Pg. 1985 Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
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Packet Pg. 1986 Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.1Packet Pg. 1987Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.1Packet Pg. 1988Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.1Packet Pg. 1989Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.1Packet Pg. 1990Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.1Packet Pg. 1991Attachment: Resolution - 083118 (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1992 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1993 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1994 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1995 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1996 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 1997 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2Packet Pg. 1998Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2Packet Pg. 1999Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.2
Packet Pg. 2000 Attachment: Application (6608 : VAC-I-75/Alligator Alley)
17.A.3
Packet Pg. 2001 Attachment: LONO 951 Commercial Center (6608 : VAC-I-75/Alligator Alley)
Statement of General Public Benefit
The Florida Department of Transportation (FDOT) District One is currently en8aged in the final
design phase of major improvements to the l-75 interchange with SR 951 (Collier Boulevard). Prior
to the start ofconstruction, anticipated in 2021, the Public Utilities Department must relocate the
48" water transmission main presently running along the centerline of SR 951. The main,
constructed of concrete pressure pipe in 1988, has suffered multiple breaks in recent years and
poses a growing risk to traffic along 5R 951 and to the l-75 overpass. Petition Pt2018000@49 to
amend the l-75/Alligator Alley PUD, located at the northwest corner of Collier Boulevard & Davis
Boulevard, provided a key opportunity for replacing the ailing water main in a new alignment
outside the crowded state right-of-way, in a location that would not interfere with FDOT'S
proposed interchanBe improvements. The property owner and contract purchaser have agreed
to provide a 3o-foot wide County Utility Easement (CUE) along the western PUD boundary {and
an associated temporary construction easement near the midpoint of that alignment), at no cost
to the County, in exchange for the County vacating the two raw water easements and 2o-foot
wide CUE platted along the northern fringe of the PUD {Plat Book 49, pages 60-64). The platted
easements were obtained as a commitment under Ordinance No. 2007-26, which rezoned the
propeny from "PUD" to "CPUO," fo( future raw water well and transmission facilities, however
wellfield improvements at this location are unlikely. This resolution to vacate said easements is
therefore in the interest of the public as a companion item to petition P120180000049, which will
incorporate a commitment to provide the needed CUE. Acquisition of the new CUE would proceed
immediately upon Board approval followed by procurement of a design-build contract for the new
water main to commence in early 2019.
17.A.4
Packet Pg. 2002 Attachment: Statement of General Public Benefit (6608 : VAC-I-75/Alligator Alley)
17.A.5
Packet Pg. 2003 Attachment: 3105 Property Ownership Disclosure Form 09.04.18 (6608 : VAC-I-75/Alligator Alley)
17.A.5
Packet Pg. 2004 Attachment: 3105 Property Ownership Disclosure Form 09.04.18 (6608 : VAC-I-75/Alligator Alley)
17.A.5
Packet Pg. 2005 Attachment: 3105 Property Ownership Disclosure Form 09.04.18 (6608 : VAC-I-75/Alligator Alley)
17.A.6
Packet Pg. 2006 Attachment: Legal Ad - Agenda ID 6608 (6608 : VAC-I-75/Alligator Alley)
17.A.6
Packet Pg. 2007 Attachment: Legal Ad - Agenda ID 6608 (6608 : VAC-I-75/Alligator Alley)