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Agenda 02/26/2019 Item #17A02/26/2019 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-PL20180001954, to disclaim, renounce and vacate the County and the public interest in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 40- foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20180001954 has been received by the Development Review Division, Growth Management Department from James E. Willis, ESQ., of Willis & Davidow as agent for the property owner, Holly L. Wood to vacate a portion of the 40 -foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one - half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. According to the Property Appraiser, Holly L. Wood is the fee simple owner of the subject parcel. The applicant is proposing to vacate an approximately 2-foot x 50-foot portion of the 40-foot drainage easement located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 plat, in order to allow an existing pool cage/screen structure to encroach into the drainage easement. The pool/screen enclosure improvements were completed in the year 2000, which was approximately thirteen (13) years prior to the applicant’s acquisition of the subject property. The encroachment was recently discovered by means of a survey conducted in connection with the closing of an attempted sale of the subject property by the applicant. The 40-foot easement runs along the rear yard of all single-family lots located on the south side of this portion of Kent Drive. The drainage easement was conveyed to the County on October 25, 1983, by Arlo Investments N.V. The purpose of the drainage easement was to install and maintain a swale to collect and convey stormwater runoff. The County’s Stormwater staff has no objection to the proposed vacation because it’s a de minimis portion of the drainage easement (just 2 feet of the overall 40 feet) and it won’t adversely affect the County’s use and maintenance of the easement. Moreover, there is no public detriment because the easement does not contain any drainage pipes or infrastructure, and the vacation will not have an adverse impact on drainage or adjacent property owners. The Development Review Division has reviewed this petition and found 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. 17.A Packet Pg. 1357 02/26/2019 LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official 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 public records other than on a subdivision plat, when the following criteria are met: 1. Public benefit is established, or no public detriment is established. 2. The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or County dedicated easement is sought to be extinguished. 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-PL20180001954, which will vacate the County and the public interest in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official Records of 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 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 (PDF) 3. LONO Queens Park Community Services Association (PDF) 4. LONO Stormwater Management Collier County (PDF) 5. OR 1065 pg 582 (PDF) 6. Property Ownership Disclosure Form (PDF) 7. Plat of Phase Two Queens Park at Lago Verde (PDF) 8. Legal Ad - Agenda ID 7740 (PDF) 17.A Packet Pg. 1358 02/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 7740 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-PL20180001954, to disclaim, renounce and vacate the County and the public interest in a portion of the 40-foot drainage easement, as described in Book 1065, Page 582 of the Official Records of Collier County, Florida, located in the rear yard of Lot 35, Queens Park at Lago Verde Phase 2 subdivision, on the south side of Kent Drive, approximately one-half mile north of Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 02/26/2019 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 01/15/2019 7:46 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 01/15/2019 7:46 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 01/15/2019 1:51 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/22/2019 1:23 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 01/28/2019 4:28 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/28/2019 4:54 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 01/29/2019 6:31 AM Growth Management Department Matthew McLean Additional Reviewer Completed 01/29/2019 8:51 AM Growth Management Department James C French Deputy Department Head Review Skipped 01/29/2019 8:38 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2019 4:53 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/04/2019 9:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/04/2019 10:47 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/04/2019 1:57 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/07/2019 1:52 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/18/2019 8:49 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM 17.A Packet Pg. 1359 17.A.1 Packet Pg. 1360 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.1 Packet Pg. 1361 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.1 Packet Pg. 1362 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.1 Packet Pg. 1363 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.1 Packet Pg. 1364 Attachment: Application (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.2 Packet Pg. 1365 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.2 Packet Pg. 1366 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.2 Packet Pg. 1367 Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.2Packet Pg. 1368Attachment: Resolution (7740 : VAC-Lot 35 Queens Park at Lago Verde) Qreens Par} Cormunity .ro Gll fdi.r Propcrty M.rryc5c!6 67N L.D Ork Btr4 N+L.i n. :|.l(D Td.pbon : 2!9Sl+7$2 / Frr: 23$51{-159 CERl]I,'II],O RETURN RUCEI P]' Noveorber 2?. 2018 Qrc.D3 PrIt Commudty Scrviccs Asrociation, lnc- .lo G[rdi.D Prop.rty MaDrgcEe4 kE. 6704 LorE Oit -Blvd,, Naplec, FL 3a109 Ra VrcrtirS Applicraiotr for QUEENS IARK AT IiGO l'EBI)f, PrASD tr IIIT 35 To Whom It May C0nc6n; lve repaqrent tlrc Oovcming Board of Dirccroas for tic Quecag Pork ConEulity S€rvioer Asroci.rioE, I!c., which eocompures Qr:ccns Plrk al Lago Vcrdr PlEs tr lot 35. Wc funlrcr understand tbe r.qu€st to va4are the 2 fc€t ofexisting drairEge elremml that dle pool cagc eucroac,hes. We 8l3o urd€r{lnd that dtig vicdion will havc oo adl,rrsc elfrct in rbc draimgc ofwattr ffom rhe comrunity. Thcrcfore, wc bavc 'ho objcclioo" to $c Fopos.d prdial vacatioD. Troy Miller keside ofThe Board ofDirector* Queans Park Colllnunity Servi.€r Asioci.rioq lrc. ^,!/fub 17.A.3 Packet Pg. 1369 Attachment: LONO Queens Park Community Services Association (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.4 Packet Pg. 1370 Attachment: LONO Stormwater Management Collier County (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.5 Packet Pg. 1371 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.5 Packet Pg. 1372 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.5 Packet Pg. 1373 Attachment: OR 1065 pg 582 (7740 : VAC-Lot 35 Queens Park at Lago Verde) Co C,ounty COTTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT !uww.colliergorr.net 28OO NORTH HORSESHOE DRIVE NAPTES, FLORIDA 34104 (2391 252-2400 FAx: (239) 2s2-53s8 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters, Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplementaldisclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percent of such interest: percenta e of stock owned b each: lf the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership c Name and Address % of Ownership a5-b tlo nl DE Nanbs 34112 \q c) Name and Address % of Ownership created 9/28/20t7 Page 1of 3 b. lf the property is owned by a CORPORATION, list the officers and stockholders and the 17.A.6 Packet Pg. 1374 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde) Coutrty COTLIER COUNW GOVERNMENT GROWIH MANAGEMENT DEPARTMENT www.collierqov,net 28OO NORTH HORSESHOE ORIVE NAPtES, FLORIDA 34104 (239! 2s2-2400 FAx: (239) 2s2-6358 e d. lf the property is in the name of a GENERAL or LIMITED PARTNERSHIP, listthenameof the general a nd/or limited a rtn e rs: lf there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, lncluding the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of contract: f. lf any contingency clause or contract terms involve additional parties, list all individuals or officers, if a cor oration,artnership, or trust: g. Date subject property acquired Name and Address % of Ownership Name and Address cIeated 9/28/2077 Page 2 of 3 I 3'^ tl;'otX ! Leased: Term of lease - years /months lf, Petitioner has option to buy, indicate the following: 17.A.6 Packet Pg. 1375 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde) C-oulrrty 28OO NORTH HORSESHOE DRIVE NAPLES, FI.ORIDA 34104 (2391 2s2-2400 FAx: (239) 252-53s8 Date option terminates: , or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted toi Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 rtfp'tbar& ns""t@*'{C""x,* +lr>ltu &roDCL b-a-o Date agent/dwnJr Name (please print) Created 9/28/2017 COTLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierEov.net Date of option: _ Anticipated closing date: _ Page 3 of 3 17.A.6 Packet Pg. 1376 Attachment: Property Ownership Disclosure Form (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.7Packet Pg. 1377Attachment: Plat of Phase Two Queens Park at Lago Verde (7740 : VAC-Lot 35 Queens Park at Lago 17.A.7Packet Pg. 1378Attachment: Plat of Phase Two Queens Park at Lago Verde (7740 : VAC-Lot 35 Queens Park at Lago 17.A.8 Packet Pg. 1379 Attachment: Legal Ad - Agenda ID 7740 (7740 : VAC-Lot 35 Queens Park at Lago Verde) 17.A.8 Packet Pg. 1380 Attachment: Legal Ad - Agenda ID 7740 (7740 : VAC-Lot 35 Queens Park at Lago Verde)