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Backup Documents 03/23/2010 Item #17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17 A To: Clerk to the Board: Please place the following as a: I2;J Normal legal Advertisement (Display Adv., location, etc,) o Other: ********************************************************************************************************** Originating Deptl Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: February 23, 2010 Petition No. (If none, give brief description): V AC-PL2009-1556 Petitioner: (Name & Address): lBO, LLC 313 Nixon Drive, Immokalee, FI34142 SAFA, LLC 5361 Cherry Wood Drive, Naples, FI, 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Michael R. Fernandez, Planning Development Inc., 5133 Castello Dr, Suite 2, Naples FI34103 Hearing before X BCC BZA Other ~.~.rn Requested Hearing date: (Based on advertisement appearin~ before hearing) March 23, 2010 Newspaper(s) to be used: (Complete only if important): I2;J Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: nla Does Petition Fee include advertising cost? 0 Yes I2;J No 2 3 F/:.iEl! J.() Date If Yes, what account should be charged for advertising costs: 1] 1 1 JWJ27 64918W jr tAuDvvtt'~lXo'&1~3 11. D . lf5 reD{J(U3 List Attachments: Executive Summary -Copy Resolution No. 2006- with exhibits - Copy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submittiug to County Manager, The Manager's office will distribute copies: o County Manager agenda me: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USEjILY'l .,..l-1 Date Received: 7i5 ~ @ate of Public hearing: () IO;:;;f Zl\) D , Date Advertised: 511 ~ 3hq./2aD 17A -<~ EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL2009-1556, to disclaim, renounce and vacate the County's and the Public's interest in an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A". OBJECTIVE: To adopt a resolution vacating an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A", CONSIDERATIONS: Petition V AC-PL2009-1556, has been received by the Engineering, Environmental, Comprehensive Planning and Zoning Department from Michael R. Fernandez, AICP of Planning Development Incorporated as agents for lBO, LLC and SAFA, LLC owners/applicants, requesting the vacation of a 20-foot wide alley. All abutting property owners of the alley that are not applicants of this petition have submitted letters consenting to the vacation. Since letters of . no objection have been received from applicable utility companies and other divisions and entities, staff recommends the vacation of the alley based on the following commentary: "County staff recommends approval of this easement vacation in-part because of allowances made for replacement drainage easement rights, and also for [moderate} additional capacity that is offered in exchange for approval of the proposed vacation." Collier County Transportation Department has the following stipulation for approval of this petition: "By way of accepting ownership of lands vacated by this approval, the applicant agrees to abide by the terms proposed in the "Project Narrative & Statement Explaining General Public Benefit" as a stipulation of this approval. Failure to meet the terms proposed in this application for ROW vacation shall reflect upon the ability to complete the subsequent Site Development Plan (or amendment) authorizing redevelopment of this site. Also as a stipulation for approval, the applicant benefitting from this vacation agrees that the terms of this 'general public benefit' shall survive any changes in ownership for any portion of this [collection of] parcel(s), and as such shall notify any subsequent owners that the commitments made here will run with the land until they are completed as agreed. " FISCAL IMPACT: Engineering, Environmental, Comprehensive Planning and Zoning Department 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. 17A . GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL 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 an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically 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 Engineering, Environmental, Comprehensive Planning and Zoning Department 17A 'J RESOLUTION NO. 2010-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP, 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, lBO, LLC and SAFA, LLC, request the vacation of an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A", WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioners' request will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the 20-foot wide alley 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. 1012 w...; t7 A " ATTEST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams s-("> Assistant County Attorney ~41,1t> Attachments: EXHIBIT A - Legal Description CP\10.EIS-01887\5 2012 17A ",.-., LEGAL DESCRIPTION A 20 FOOT ALLEY, BEING PART OF BLOCK 54, NEWMARKET SUBDIVISION. A 20 foot Alley, being port of Block 54, Newmarket Subdivision, os recorded in Plot Book 1, Pages 104 ond 105 of the Public Records of Collier County, Florida and being more particularly described os follows: BEGINNING at the westerly corner of Lot 1, Block 54; thence South 45"54'50" East, along the northeasterly boundary of said 20 foot Alley and common to the boundary of lots 1 through 9 of said Block 54, 0 distance of 259.73 feet to the right-of-way of Nixon Drive, formerly Railroad Street per record plot; thence South 15"14'40" West along said right-of-way, 0 distance of 22.83 feet; thence North 45"54'50" West along the southwesterly boundary of said 20 foot Alley and common to the boundary of lots 11 through 21 of said Block 54, 0 distance of 270,74 feet to the right-of-way line of Alachua Street; thence North 44"05' 1 0" East along said right-of-way, 0 distance of 20.00 feet, to the POINT OF BEGINNING. Containing 5,304.71 square feet. Subject to easements, restrictions and dedications of record. Prepared by: and sealed by surveyor and accompanied by Sheet 2. A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 Sheet 1 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION C 09.0025 olley vacatian EXHIBIT ''A'' SKETCH OF DESCRIPTION e" ~e 1 P.O.B. S\; ,'lIo Westerly Corner I} ,0\ S /' _________ of Lot 1 \,-v.\~I'1. ,\0' ~ \ Block 54. 'I}C 0 \'. 'O':J 0 IP ./ t'>' ~ ~ ~~ 1-0.0 / / 'lI01 I. ~ \ ,,0 I. 0 ~\ .~'0 01 \'.' \C 11' E / / // ~o / 01. \C / / / / \9 / 01. \C I') ,,0 ~ 01. \C / / / / \\\ / 01. \C I.'J ,,0 ~ 0(> f / U' / l?' / / Q 01. " \1 ,,01 / / '% // \Q (>1- / ,,01. U' l?' \'J 01 \C / / / / \\ 01. \C / / / \~ ./ I. ,,0 1.9 ,,0 \') 01. " / / / / \~ 01. \C / / / / \\ 01. I,; .. 'b' ~ b ~ I _, ,~ . o~A" ~' ..,",,, 'b.$> ~~'i I "IV \> ~" v.>.:. i:;'.~.:.~ b'O,' i;' 'b' <& ~ o .$ ~ Q;'b' :! , P.S.&M. ertificate No. 2982 a : ebruory 26, 2009 ENERA NOTES: P. .C. indicates Point of Commencement P. .B. indicates Point of Beginning distances ore in feet and decimals thereof. Bea e bosed on the Right-of-Way Line of Alochuo Street, Newmarket Subdivision, Plot Book 1, Page, 104 and 105, Public Records of Collier County, Florida. as being N 44'05'10" E. Note: Not volid unless accompanied by Sheet 1. EXHIBIT "A" NOT A SURVEY SKETCH OF DESCRIPTION ~ A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 REVISED DATE : DRAWN BY: AT SHEET -"_ OF 1_ February 26, 2009 SCALE: Not to Scale FILE NO. C 09.0025 17A I .. jl,'ik- 11u~ v~,.(~ ~~~~~~~~ffi~~ffi~ffimffi~e ~ ~m~~~m~m~~~~~m~~mm~~~ ~~~gggm~~m~m~~~~m~~~o ~~~~~~~~~~~~~~8~~~~~~ ...... '.." A'A'"", ......fOO....,. 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Kind]y send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you, Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500068783 -'~~-'-~---''-''-'~-'~'--'-'--'"'-''-''''' 17A 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, March 23, 2010 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami 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 COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND lOS, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "AU. 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 individual to speak on behalf of an organization or group is encouraged, If recognized 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 included 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 and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 17A 34112, (239) 252-8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17 A i Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann P. Jennejohn Friday, February 26, 2010 3:59 PM Naples Daily News Legals V AC-PL2009-1556 Newmarket Subdivision Block 54 V AC-PL2009-1556 doc: V AC-PL2009-1556.doc Good Afternoon, Pleose advertise the attached on Sunday, March 7, 2010 and also again on the following Sunday, March 14, 2010. Thank you! Ann J ennejohn, Deputy Clerk Clerk to the BCCIY A B Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 1 17A ., Ann P. Jennejohn From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Friday, February 26, 20104:00 PM Ann P. Jennejohn RE: VAC-PL2009-1556 Newmarket Subdivision Block 54 ok From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk,com] Posted At: Friday, February 26, 20103:59 PM Posted To: Legals - NDN Conversation: VAC-PL2009-1556 Newmarket Subdivision Block 54 Subject: VAC-PL2009-1556 Newmarket Subdivision Block 54 Good Afternoon, Please advertise the attached on Sunday, March 7, 2010 and also again on the following Sunday, March 14, 2010, Thank you! Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-B406 239-252-8408 (fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(cj)collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e~mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Florida Packing, LLC 315 New Market Road E lmmokalee, FL 34142 Yzaguirre Oil Company, Inc, P.O. Box 330 Immokalee, FL 34143 Antonio, Jr. & Soveida Estrada 309 Jefferson Avenue lmmokalee, FL 34142 Celso T. & Santa V, Camargo P.O. Box 1510 Immokalee, FL 34143 LBO, LLC 313 Nixon Drive Immokalee, FL 34142 Six L's Packing Co., Inc. P.O. Box 3088 Immokalee, FL 34143 Davis Oil Co., Inc. 540 New Market Road E Immokalee, FL 34142 Cynithia Gonzalez 1104 Marjorie Street lmmokalee, FL 34142 Andres Sanchez & Teresa Canales 8624 E Park Fort Myers, FL 33907 SAFA,LLC 5361 Cherry Wood Drive Naples, FL 34119 17A Virginia Villarreal Michelle Ayala 1314 Tangerine Street Immokalee, FL 34142 Maria Olga Rodriguez Fidel, J r. & Esperanza Al viar 519 Adams Avenue W Immoka1ee, FL 34142 Kuzzens, Inc. P.O. Box 3088 Immokalee, FL 34143 Planning Development, Inc. Michael R. Fernandez 5133 Castello Dr., Suite 2 Naples, FL 34103 Ibrahim Ozbay 5361 Cherry Wood Drive Naples, FL 34119 Dwight E. Brock Clerk of Courts . COtlntyof (!:Qllier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 330 I TAMIAMI T.I.tAIl EAST PO. BOX 413044 NAPLES, FLORIDA~41 0 1-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds Michael R, Fernandez Planning Development, Inc, 5133 Castello Dr., Suite 2 Naples, FL 34103 February 26, 2010 Re: Petition V AC-PL2009-1556; New Market Subdivision, Block 54 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 2010 as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 7, 2010 and again on the following Sunday, March 14,2010. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: colIierclerk@colIierclerk.com _..~.____.,.___.'_...__....o~. I Dwight E. Brock Clerk of Courts .eoNp.tyofCqllier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI tRAIL EAsT Po. BOX 413044 NAPLES, FLORIDA~41O 1-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds SAFA,LLC 5361 Cherry Wood Drive Naples, FL 34119 February 26, 2010 Re: Petition V AC-PL2009-1556; New Market Subdivision, Block 54 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 7, 2010 and again on the following Sunday, March 14,2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk@colIierclerk.com ., --~_"~"'~~."~''''''---~''~.'~-,^ .~~'_._-~~-~.",--- Dwight E. Brock Clerk of Courts Cmult)rofCOllier CLERK OF THE ClRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34]01-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds lBO, LLC 313 Nixon Drive Immokalee, FL 34142 February 26,2010 Re: Petition V AC-PL2009-1556; New Market Subdivision, Block 54 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 7, 2010 and again on the following Sunday, March 14,2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk(ti)colIierclerk.com Dwight E. Brock Clerk of Courts CoaptyofCQllier CLERK OF THE ClRC{JIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds Ibrahim Ozbay 5361 Cherry Wood Drive Naples, FL 34119 February 26,2010 Re: Petition V AC-PL2009-1556; New Market Subdivision, Block 54 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 7, 2010 and again on the following Sunday, March 14,2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk@.colIierclerk.com Dwight E. Brock Clerk of Courts Coarty..6f.eQllier CLERK OF THE ClRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI T~"IL EAST P.O. BOX 413044 NAPLES. FLORIDA~410I-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds February 26,2010 Re: Petition V AC-PL2009-1556; New Market Subdivision, Block 54 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 7,2010 and again on the following Sunday, March 14,2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Wcbsite: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk(tl)colIierclerk.com ."_~,~.___~<"'_~____,_______,,v,__.___ ____.._ _ _"'_....~~.._____________.__..n_"._,._._ 17 A' Ann P. Jennejohn From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Monday, March 01,20109:42 AM Ann P. Jennejohn Ad Confirmation UAS3DC.jpg A TT ACHED please review your notice & confirm approval via emai I. Thank you for placing your ad. PUB. Dates MAR. 7 & 14, 2010 Publication NDN Ad Number 1842458 Total Ad Cost $404.43 Emely Pagan 213-6061 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 17 A Notree is here-by giv~fl that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 23, 20iO in the Boardroom, 3rd Floor, Administratlon 81.jlldlng, Colli~r County Government Center, 3301 East Tamlami Trail, Naples, Florida, Tne meeting will begin at 9:00 A.M. The title of the proposed Resolution Is as follows: A RESOLUTION OFTHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC-PL2009-1556. TO DISCLAIM. RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S II\lTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1 THROUGH 9 AND 1 '1 THROUGH 21, BLOCK 54, NEW MAR.KET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK! PAGES 104 AND 105. OF THE I:>.UBLlC RE- CORDS OF COLLlEr{ COUNTY, FLORII)A, SITUATED IN SECTION 3, TOWNSHIP 47 SOUTH. RANGE .29 EAST. COLLIER COUNTY', AND MORE SPECIFICALL'( DESCRIBED IN EXHIBIT "A" NOTE: All Persons. WI$hing to >p~ak on any a;;l~nda item must register with the County Admmistrator prior to presentation aT the agenda it~m to be addressed Individual speakers wrll b~ limited to 3 minutes On any Item The selection of an in~ dividl,Jal to speak on behalf of an organization or group is encouraged, If recog- nized by th~ Chair. a spokesperson for a group or organization may be allotted 10 ITlWlutestc speak on an Item. Person') wlshlllg to have written or graphic materials included in The Board agenda packets must submit said material a mmimum of 3 weeks pflor to th~ respective publ Ie hearing. III any case, written materials.lntended to be consldi?'red by the Board shall be submitted to the appropriate County staff a minimum of sellen days prior TO the public hearillg. All material used in presentations before thE" Board will bemme 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 d verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs any acrommodaticm in Glrdffi" to par~ ticipate in this proceeding; you are entitlE!d, at no tost to you, to the provision of certain assistance. Please contact the Collier County Fac1litiesMO'lnagern€.'nt Depart, ment, located at .3301 Tamiami Trail East, Buildin,g W, Nilples, Florida 34112. (239) 252.-8380. Assisted listening device') for the hearing impaired are available in the County Commissioners' Oftke BOARD OF COUNTY COMII.IIISSIONEHS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E BROCK CLERK By: Ann Jennejohn, Depuw Clerk (SEAL) lVIarch 7 &14, 2010 No 1842458 17A Ann P. Jennejohn From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Sunday, March 07, 2010 12:23 AM Ann P. Jennejohn Thank you for placing your classified advertisement. Ad # 1842458 Thank you for placing your classified advertisement. The following represents the current tcxt of your advertisement: 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, March 23, 201 0 in thc Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trai], Naples, Florida. The meeting will bcgin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION V AC-PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS I THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGES ]04 AND 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to prescntation of the agenda item to be addresscd. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized 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 included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respectivc public hearing. In any case, written materials intended to be considered by thc Board shall bc 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 beeomc a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record ofthc proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who necds any accommodation in ordcr to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 341 12, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) March 7 & 14,2010 No]842458 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos 1 NAPLESIBONIT A DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authoriry, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier Counry, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on March 7 & 14, 2010 2 times in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of ] year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for (~p~i wspap'L Sworn to and subscribed before me This 17th day of March, 2010 _~'1J ~ ~~ (Signature of notary puoli ,"'~:~"6:~~'" K:'1rH'Jl E KANGAS l~(l~~.;'.;-/\ Notary Public - Stille o~ Florida - " ';"0~i - .. ') t~..,ijt ..~;} My Comm. E....plr~s Jul 2~_ 20L ~~,..,,;.~3;.>~~~ COffiITlISS10n # DO 91.:.237 "-1,;:;,',',,;,<,- , 17 A :",",,",,,-~,"i N01lCEQF""":~TO~9~'IIlI!I~ ' ". . '. -- ,';":.' /. .... . ,', , ~1~J~='~=:~n~~~~20~1~~Uer~,= .o\cIintfliltfltion. 8ulldma, comer '"CoU~ G.ovemmtnt Center, :tJ(tf EISt r8mla;mh ~~;~~~ The mnttng'wlll ~~at 9:00 A;M. The title of the proposed A"'UJlOI!I on... 8()/Ylll"'~' '~MiSsMRs Of. c_ <;QlJNTY. ='~""" nHGT.....PWl'fOm' "''PL.2OOP.'$56,TO:~=',,, . MClANe,' VA,1liI..tOOI . '$'_. " . JNTElIUT ""'!\II ,0 AND uN D",'. . - .'Allf'!" '. . - lME AIA1t UNI'OF LOTS t. .. H 9 AND ifA~~~~._"f, $ClUl"H, !l;~~U '. UISI;1IIIEO IN ~.,V: .'.,' .... -,"'. ,"""',,' ~~., .AII."",,",.,_."" ./lOIO_~'.h,< I '. ..r"'~ .,' '';.,.,'.'1>0 '.'....."...';r:. .'. . .~. ",: ''', I to-: . ':tIrlMbetf an OtJl'O\!P.'IJ~,' "",[JCOg- ~u>,,~,.~~;:':: ~ijp.or ,~~JdtIon~~c~10 ._"iJ.g:_rtW.~ prlol' ~thIt~k hNdng.:', 'All: ,mtterltl- USed. 1n'~'tlefoIie thtB08rd wi" bec(~",n permanent part of the r.cord.' ' . a~.*:~i.~~';;=~~~~7. r~it~~~=';;~~~:~ ~~:'~~g'~ _M;r~~~~p~ ",. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 &c . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .. ." ,. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUIE'fift Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Boud Office only after the Board has taken action 011 the item.} ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec tion aCthe Chairman's si sture, draw a line throu routin lines # I thrall #4. com lete the checklist. and forward to Sue Filson line #S}. Route to Addressee(s) Office Iuitials Date List in routin order 1. Judy Puig PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statTfor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the acc office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached INSTRUCTIONS & CHECKLIST Initia] the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed #. ' by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibI State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licab]e. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. W Some documents are time sensitive and require forwarding to Tallahassee within a cenain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on ~ 0 (enter date) and all changes made during the meeting have been incorpora ed in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a Ucable. CDES Administration 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Clerk of Court's Office 6. Minutes and Records STeve 1/;t;;6INf March .23 ~olo R.s'~ Phone Number Agenda Item Number Number of Original Documents Attached 10 1!-z.f lo 25Z-(":'88~ I7A 2 N/A (Not A Iieable) ~ I: Forms! County Forms! Bce Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 \3l-138~2.1-''''4403o _...._,._-~.._._,-~._-~,,,..",'~,.._-- MEMORANDUM Date: April 7,2010 To: Stephen Higgins Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2010-62 (Recorded) Petition V AC-PL2009-1556 New Market Subdivision Attached for your records, is an original affidavit of publication and a certified copy of the resolution referenced above (Item #17 A) adopted by the Board of County Commissioners on March 23, 2010. The Minutes and Records Department will hold the original Resolution for the Board's Official Record. rfyou should have any questions, please contact me at 252-8406. Thank you. Attachment ----,-'""--~~-"--~,..t.-.,~-- ,. 17A t~'. 17A RESOLUTION NO. 2010--2.L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2009-1556, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED 20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1 THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW MARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3, TOWNSHIP, 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, lBO, LLC and SAFA, LLC, request the vacation of an unopened and unused 20-foot wide alley along the rear line of Lots 1 through 9 and 11 through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book 1, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit "A". WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioners' request will not adversely affect the ownership or right of convenient access of other property owners. ~ (5 OS ~ ~ f3 g ~ ~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the 20-foot wide alley 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 f1esolution adoptecl after motion, second and majority vote favoring same, this '2.Sto'. day of M~ _,2010. INSTR 4417773 OR 4556 PG 2040 RECORDED 4/15/2010 806 AM PAGES 4 RE-RECORD DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 1 of 2 I NSTR 4410451 OR 4550 PG 631 RECORDED 3/26/2010 356 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 "t 17A ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ W. (.r,.~ FRED W. COYLE, Chairman - - --If A .. ..,..... .. '''T \' .. ..~. _ '. .." "I~d.lI., .lll' l!A." " ApproVed as to form and legal sufficiency: At-7.W'~~ - Steven T. Williams ~1'" Assistant County Attorney ~'II.Il> Attachments: EXHIBIT A - Legal Description CPI10-EIS-0188715 20f2 17A LEGAL DESCRIPTION A 20 FOOT ALLEY, BEING PART OF BLOCK 54, NEWMARKET SUBDIVISION. A 20 foot Alley, being port of Block 54, Newmorket Subdivision, os recorded in Plat Book 1, Pages 104 and 105 of the Public Records of Collier County, Florida and being more particularly described as follows: BEGINNING at the westerly corner of Lot 1, Block 54; thence South 45'54'50" East, along the northeasterly boundory of said 20 foot Alley and common to the boundary of lots 1 through 9 of said Block 54, a distance of 259.73 feet to the right-of-way of Nixon Drive, formerly Railroad Street per record plot; thence South 15'14'40" West along said right-of-way, a distance of 22.83 feet; thence North 45'54'50" West along the southwesterly boundary of said 20 foot Alley and common to the boundary of lots 11 through 21 of said Block 54, a distance of 270.74 feet to the right-af-way line of Alachuo Street; thence North 44'05' 1 0" East along said right-of-way, a distance of 20.00 feet, to the POINT OF BEGINNING. Containing 5,304.71 square feet. Subject to easements, restrictions and dedications of record. Prepared " , a P.S.&M. Certificate No. 2982 ebruary 26, 2009 and sealed by surveyor and accompanied by Sheet 2. A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 Sheet 1 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION C 09.0025 olley vocation EXHIBIT "A" -17 SKETCH OF DESCRIPTION e" ~e ~ r.O.B. S\,; /~o Westerly Corner ~ 1./0\ " "'./' ~ of Lot 1 ~~\"I' ,\0 ~ \ Block 54. \~Cd '0':; 0 'vo ,/ ~} \\ ~ ~~ ~O.o / / ~~ I.~ \ 'vo I. 0 ~\ riAl' 'vol. 11' E / / / / / \9 / 01. I,; I.~ 'vO / / // ~o / 01. 'v ~ 01. I,; \\\ 01. I,; I." 'vO ~ oQ 1'- / U' / l?' / / " 01. I,; / / / / 1 01. I,; / / / / " 01. I,; / / / / \1 / 01. 'v ~ aQ 1'- U' l?' \" 01. I,; \" 01. I,; / / / \~ ,/ I. 'vO 1.9 'vo / / // \~ 01. I,; / / // \~ 01. 'v / / / / \\ 01. I,; '" 'b' ~ b ~ I " .~ ,,' ,"~"4; ",'b,$' ~t I "v,~ .s;f ~ '0 0,;,,".ti " ~ t: o ;N~ o .'$ ~ ~'b' # , P.S.&M. ertificote No. 2982 a : ebruary 26, 2009 EN ERA NOTES: P. .C. indicates Point of Commencement P. .8. indicates Point of Beginning distances are in feet and decimals thereof. Bea e based on the Right-at-Way line of Alachua Street, Newmarket Subdivision, Plot Book 1, Page, 104 and 105, Public Records of Collier County, Florida. as being N 44'05" 0" E. Note: Not valid unless accompanied by Sheet 1. EXHIBIT "A" NOT A SURVEY SKETCH OF DESCRIPTION ~ A. TRIGO & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS & PLANNERS 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 LAND SURVEYING BUSINESS # 3964 REVISED DATE DRAWN BY: AT SHEET 1'_ OF 1'_ F ebruory 26, 2009 SCALE: Not to Scale FILE NO. C 09.0025