Agenda 12/11/2018 Item # 9C12/11/2018
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-PL20180001007 to disclaim, renounce and vacate the County and the public interest
in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book 3,
Page 26 of the Public Records of Collier County, Florida, located approximately one third of a mile
east of Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Collier County,
Florida.
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OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a 70’ x 439’ portion
of the right-of-way known as Recreation Lane, as recorded in Road Book 3, Page 26 of the Public
Records of Collier County, Florida, located in Section 33, Township 49 South, Range 26 East, Collier
County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: The Development Review Division has received a request from Robert J.
Mulhere, FAICP, Vice President, Planning Services, of Hole Montes, Inc., as agent for the owner, Forest
Park Master Property Owners Association. This request is to vacate the County and the public interest in
a 70’ x 439’ portion of the right-of-way known as Recreation Lane as recorded in Road Book 3, Page 26
of the Public Records of Collier County, Florida, located in Section 33, Township 49 South, Range 26
East, Collier County, Florida.
The Forest Park Master Property Owners Association is proposing to vacate a 70’ x 439’ portion of the
right-of-way known as Recreation Lane, within the Forest Park community. The Florida Department of
Transportation acquired the subject 70’ x 439’ parcel as a fee simple limited access right of way (“Access
Road #3”) by condemnation (Final Judgment OR 991, PG 256) in 1982, prior to the creation of the
existing Forest Park subdivision. FDOT acquired the access road for use during the construction of I-75-
the access road connected Santa Barbara Boulevard to the western perimeter of what has become the
Forest Park subdivision. It was assembled with various FDOT takings in the area when they were
planning I-75. According to Road Book 3, Page 26, FDOT conveyed the subject roadway parcel to the
County in 1989 because FDOT no longer required it. Subsequently, the County approved the Forest Park
subdivision plat in 1999. The subject roadway portion is located within Recreation Lane but was depicted
as an out parcel that was not part of the platted property. As such, there is currently a carved out 70’ x
439’ public roadway parcel located entirely within the private Recreation Lane roadway parcel. All other
roads within the subdivision are private.
According to the applicant, the subdivision has treated this 70’ x 439’ portion of the roadway as their own
for the past twenty years and has improved it with brick pavers, landscaping, and a gated entryway.
County Transportation staff has confirmed that this roadway has been maintained by the community’s
Property Owners Association (POA). The Property Owners Association became aware that this portion of
the road was public when they built a small connecting sidewalk without a right-of-way permit, and thus
they were “red tagged” by Code Enforcement for failure to obtain the necessary permit. As such, they
desire to vacate this portion of the roadway in order to resolve the matter.
Letters of no objection were received from FPL, Comcast, CenturyLink, Sheriff’s Department, and the
Greater Naples Fire Rescue District.
At its October 23, 2018, regular meeting, the Board of County Commissioners approved the scheduling of
this public hearing. During discussion of the item, one person, Garrett Beyrent, spoke in opposition of the
proposed vacation due to concerns about access to his property. As such, the item has been placed on
Regular Agenda at this meeting. It should be noted that as part of this vacation, there are several
easements which will be retained over the vacated area, as described in more detail in the attached
Resolution to Vacate: County Utility Easement, sidewalk easement, bicycle/pedestrian easement,
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emergency access easement, and Public Utility Easement.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Staff has collected a $2,000 “Petition to Vacate” fee from the petitioner which
covers the County’s cost of recording and processing.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated
with this action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of the County and the public
interest in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book
3, Page 26 of the Public Records of Collier County, Florida, located in Section 33, Township 49 South,
Range 26 East, Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with
respect to property under their control, upon petition of any person or persons, may adopt a resolution to
vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or
other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce
and disclaim any right of the County and the public in and to any land in connection therewith, 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, OR a statement from the Petitioner demonstrating the reason for the request including
any property or financial interest or projects affected by a granting of such request.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: To approve a Resolution to vacate the County and the public interest in a 70’ x
439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book 3, Page 26 of the
Public Records of Collier County, Florida, located in Section 33, Township 49 South, Range 26 East,
Collier County, Florida. (Petition VAC-PL20180001007).
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution - 103118 (PDF)
3. Affidavit of Authorization (PDF)
4. Road Book 3 Page 26 (PDF)
5. Letters of No Objection-All (PDF)
6. Plat Book 35, Pages 1- 7 (PDF)
7. Public Benefit Statement with Aerial 3-12-18 (PDF)
8. Legal Ad - Agenda #7201 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C
Doc ID: 7201
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-PL20180001007 to disclaim, renounce and vacate the County and the public
interest in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book
3, Page 26 of the Public Records of Collier County, Florida, located approximately one third of a mile
east of Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Collier County,
Florida.
Meeting Date: 12/11/2018
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/06/2018 11:13 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/06/2018 11:13 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 11/06/2018 12:38 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/06/2018 1:56 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/06/2018 3:58 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/07/2018 7:11 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/09/2018 11:25 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2018 11:27 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/13/2018 8:52 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/13/2018 6:43 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/15/2018 10:41 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/16/2018 10:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 11:22 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/16/2018 12:07 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/19/2018 9:04 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/20/2018 3:26 PM
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County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/26/2018 7:41 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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9.C.1Packet Pg. 337Attachment: Application (7201 : VAC-Recreation Lane Approval)
9.C.1Packet Pg. 338Attachment: Application (7201 : VAC-Recreation Lane Approval)
9.C.1Packet Pg. 339Attachment: Application (7201 : VAC-Recreation Lane Approval)
9.C.1Packet Pg. 340Attachment: Application (7201 : VAC-Recreation Lane Approval)
9.C.1Packet Pg. 341Attachment: Application (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 342 Attachment: Resolution - 103118 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 343 Attachment: Resolution - 103118 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 344 Attachment: Resolution - 103118 (7201 : VAC-Recreation Lane Approval)
9.C.2Packet Pg. 345Attachment: Resolution - 103118 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 346 Attachment: Affidavit of Authorization (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 347 Attachment: Road Book 3 Page 26 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 348 Attachment: Letters of No Objection-All (7201 : VAC-Recreation Lane Approval)
9.C.5Packet Pg. 349Attachment: Letters of No Objection-All (7201 : VAC-Recreation Lane Approval)
9.C.5Packet Pg. 350Attachment: Letters of No Objection-All (7201 : VAC-Recreation Lane Approval)
9.C.5Packet Pg. 351Attachment: Letters of No Objection-All (7201 : VAC-Recreation Lane Approval)
9.C.5Packet Pg. 352Attachment: Letters of No Objection-All (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 353 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 354 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 355 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 356 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 357 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 358 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 359 Attachment: Plat Book 35, Pages 1- 7 (7201 : VAC-Recreation Lane Approval)
H:\2018\2018016\Public Benefit Statement 3-12-18.docx
Recreation Lane ROW Vacation
Rationale and Public Benefit Statement
The requested vacation is for a portion of Recreation Lane (439’ in length x 70’ in width) located at the
gated entrance to, and partially within, Forest Park Residential Development, which is located at the
terminus of Recreation Lane within the Heron Lake PUD. The portion of the ROW to be vacated has been
maintained by the applicant, the Forest Park Master Property Owners Association (FPMPOA) for more
than 18 years. It is improved with brick pavers, landscaping and irrigation - all installed by the Forest
Park Developer. At the time of (and prior to) platting of Forest Park, this ROW was owned by the State of
Florida (FDOT Access Road #2) and was used during the construction of I-75. At some point subsequent
to the development and plating of Forest Park, the State conveyed this ROW to Collier County. The
portion proposed to be vacated includes +/- 150’ of the 70’ wide Recreation Lane ROW outside of the
entry gate, and the balance (+/- 289’) within the Community’s entry gate. The vacation of this portion of
the terminus of Recreation Lane will not impact the existing access to the Golden Gate Community Park
or any other property along Recreation Lane as the proposed vacation commences at the Forest Park
Property line. The Forest Park subdivision plat provides for emergency access through the community to
Golden Gate High School and also provides for a pedestrian easement through Forest Park from the High
School through Forest Park to allow pedestrian (presumably primarily fr om the high school) to walk or
cycle from the school to the Golden Gate Community Park (or beyond to access Santa Barbara Blvd). The
vacation will not impact those rights.
Exhibit 1: Aerial
Exhibit 2: Zoning Map
Portion to be vacated Entry Gate
Entry Gate
Park Access
Entry Gate
Forest Park Property Line
Entry Gate
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Packet Pg. 360 Attachment: Public Benefit Statement with Aerial 3-12-18 (7201 : VAC-Recreation Lane Approval)
H:\2018\2018016\Public Benefit Statement 3-12-18.docx
In addition, the FPMPOA owns all of the property adjacent to this proposed vacation (See exhibit below).
Since they are the applicant, there is no need to request a Letter of No Objection.
Exhibit 3: Abutting Property Owners
Exhibit 4: Proposed Vacation Sketch
Conclusion: Vacation of this portion of Recreation Lane will have no impact on the rights of the public
and will allow the existing conditions to continue and allow the FPMPOA to continue to maintain this
portion of the terminus of Recreation Lane and to make any necessary improvements to said property.
FPMPOA owned parcels Proposed Vacation
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Packet Pg. 361 Attachment: Public Benefit Statement with Aerial 3-12-18 (7201 : VAC-Recreation Lane Approval)
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Packet Pg. 362 Attachment: Legal Ad - Agenda #7201 (7201 : VAC-Recreation Lane Approval)