Agenda 04/09/2019 Item #17A04/09/2019
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-PL20180003286, to disclaim, renounce and vacate the County and the public interest
in a portion of the 30-foot County Utility Easement as recorded in O.R. Book 1364, Page 1030 of the
public records of Collier County, Florida, located on the northwest corner of Bayshore Drive and
Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 30-
foot County Utility Easement as recorded in O.R. Book 1364, Page 1030 of the public records of Collier
County, Florida, located in Section 14, Township 50 South, Range 25 East, Collier County, Florida, being
more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20180003286 has been received by the Development Review
Division, Growth Management Department from Kamala Corbett, Esq., of Foley & Lardner, LLP, as
agent for the property owner, to vacate a portion of the 30-foot County Utility Easement as recorded in
O.R. Book 1364, Page 1030 of the public records of Collier County, Florida, located in Section 14,
Township 50 South, Range 25 East, Collier County, Florida. According to the County Property Appraiser,
Mattamy Naples, LLC, has fee simple title to the underlying real property where the subject easement is
located.
The subject 30-foot County Utility Easement was originally granted to the County in 1988 for the purpose
of serving a lift station for an apartment development that has been demolished and no longer exists. The
easement extends from the north portion of the subject property onto the abutting Windstar property just
to the north and west. The applicant proposes to vacate only the portion of the easement that is located
entirely within their property, in order to redevelop the now-vacant parcel with residential units. They
desire to vacate this portion of the easement because it would conflict with their proposed site plan.
There is no public detriment to this vacation because this easement is not necessary to serve the proposed
development or the surrounding properties. Moreover, Public Utilities Department no longer needs or
wants the easement.
The easement was granted to the Collier County Water-Sewer District, but the Board of County
Commissioners, acting as ex-officio governing body of the District, has authority to vacate it.
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.
LEGAL CONSIDERATIONS:
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 Co llier County and to
renounce and disclaim any right of the County and the public in and to any land in connection therewith;
17.A
Packet Pg. 1178
04/09/2019
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-PL20180003286,
which will vacate the County and the public interest in a portion of the 30-foot County Utility Easement
recorded in O.R. Book 1364, Page 1030 of the public records of Collier County, Florida, located in
Section 14, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in
Exhibit A, and directs 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 - 022519 (PDF)
3. Property Ownership Disclosure Form (PDF)
4. Affidavit of Authorization (PDF)
5. Email Eric Fey response of Scott Stones comments (PDF)
6. Response letter for Public Utilities (PDF)
7. Aerial r1 (PDF)
8. Legal Ad - Agenda ID 8154 (PDF)
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04/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 8154
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-PL20180003286, to disclaim, renounce and vacate the County and the public
interest in a portion of the 30-foot County Utility Easement as recorded in O.R. Book 1364, Page 1030 of
the public records of Collier County, Florida, located on the northwest corner of Bayshore Drive and
Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida.
Meeting Date: 04/09/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
02/28/2019 10:01 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/28/2019 10:01 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 02/28/2019 10:32 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/05/2019 9:19 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/06/2019 4:31 PM
Wastewater Beth Johnssen Additional Reviewer Completed 03/07/2019 12:53 PM
Wastewater Steve Nagy Additional Reviewer Completed 03/07/2019 1:11 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 03/12/2019 2:22 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/12/2019 2:43 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/13/2019 2:09 PM
Growth Management Department James C French Deputy Department Head Review Completed 03/14/2019 7:19 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/15/2019 9:08 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 03/15/2019 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2019 10:13 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/21/2019 9:43 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/30/2019 1:53 PM
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04/09/2019
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
17.A
Packet Pg. 1181
COI-LIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www,colliergov.net
C-aunty
28OO NORTH HORSESHOE DR
NAPtES, FtORtDA 34104
123912s2-240o FN<: (239) 2s2-63s8
D
iTG E flt7 lE
rj
OCI26 ,nio
APPTICATION FOR VACATING
Florida State Statutes Sections 336.09, 336.10, L77.LO7, 125.01, and L25.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code
! IVROW- Vacation of Road Right-of-Way Road Name:
! lVf Ut- Vacation of Plats or portions of plats of subdivided land
I lVfSn,lf- fne extingulshment of public dedicated easements recorded by separate lnstrument in the
public records (other than on a subdivision platl, platted or unplatted land, except for public roads.
official Record Book' 1364 Page{s). 1030
PETTTTON NO (Pr)
PROJECT NAME
DATE PROCESSED
For Stoff Use
APPTICANT CONTACT INFORMATION
o*n"r. Mattamy Naples LLCProperty
Address:4107 Crescent Park Drive Riverview
813-381-3838 239-777-8268
state: FL ztP.3357g
Fax:
City:
Telephone:Cell:
E_Mait Address: tim.oneil@mattamycorp.com
Name of Agent . Kamala Corbett, Esq.
,,r.. Foley & Lardner LLP
Address: 100 N. Tampa St., Suite 2700 City . Tampa state: FL ztP.33602
Telephone:813-22s4102 Cell:Fax:
E_Mait Address: kcorbett@foley.com
Rev . L0127 l2lr7 PaBe 1 of 5
Plat Book: _ Page(sl: _
17.A.a
Packet Pg. 1182 Attachment: Application (8154 : VAC-Arboretum)
C-onlzrty
28OO NORTH HORSESHOE DRIVE
NAPtES, FtORtDA 34104
(239) 2s2-2400 FAx: (239| 252-63s8
PROPERTY INFORMATION
Reason for Requ "r,.
To facilitate the redevelopment of the property
4590 Arboretum Circle &2765 Thomasson Drive, Naples, FL
Legal Description:See Exhibit'A" attached hereto
section, 14 township:lnange:25
Current Zoning:Vacant lnstitutional Will this affect density?No
NOTE:
1! lf applicant is a land trust, indicate the name of beneficiaries.
2) lf applicant is a corporation other than a public corporation, indicate the name of the officers and major
stockholders.
3) lf applicant is a partnership, limited partnership or other business entity, indicate the name of the
principals.
4l list all other owners.
Rev. \O/27/2017 Page 2 ol 5
COTLIER COUNW GOVERNMENT
6ROWTH MANAGEMENT DEPARTMENT
www.collierpov.net
Address of Subject Property:
17.A.a
Packet Pg. 1183 Attachment: Application (8154 : VAC-Arboretum)
C-aunty
28OO NORTH HORSESHOE DRIVE
NAPTES, FTORIDA 34104
(239) 2s2-2400 FAx: (239| 2s2-63s8
SUBMITTAI REQUI REMENTS CHECKLIST
This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets
attached to each section. lncomplete submittals will not be accepted.
For further explanation regarding the requirements for the Vacating Application, and the below checklist,
rcfer to Resolution 2073-166.
REqUIREMENTS FOR REVIEW EqUI NOT
EQUIRE
ication {dovvnload curr€nt form from Cou websiteComleted
Addressin AddressiChecklist si ned b De anment
lication and all submittal documents in PDF formatCD of com lete a
Fee Sim e Deed
Statement laini the neral ublic benefit received from the sed vacation
Certificate showing all State and County taxes have been paid for subiect parcel
Assessment map depicting area of proposed vacation
List of abutting and other property owners within 250 feet of the proposed vacation including their
address and rcel number 1 tr
1Site Plan on 8 % in. x 11 in er
Legal Description, signed with raised seal, ofwhat istobevacatedon 8%in.x11 in.paperand
labeled nals to Client Servicesin bold: "Exhibit A"- Please submit hard o tr
Signed with raised seal sketch of the legal description - Please submit hard OriSinals to Client
Services
Copy of the recorded subdivision plat, if applicable
licant isn't the ownerLetter AuthorizinS representation, if the a
Affidavit of Authorization signed and sealed
Replacement easement documentations, if applicable
1 trlf replacement easement is required by Collier County, provide a current attorney's Title Opinion or
ownershi a title com& encumbrance re rt
1 trA copy of document that granted, conveyed or dedicated the easement to the County or public, for
Vacation of Easement onl
trCopy of document which granted, conveyed or dedicated t he right-of-way to the county or public, for
Vacation of R onl
tr
tr
D
tr
tr
tr
tr
D
tr
1
tr
D
tr
tr
tr
tr
D
tr
tr
Electric Company- Florida Power and Light Naples Service Center, 1220 sth Ave North, Naples, FL
34702..239l.262-7322
Telephone Company- Century Link, Florida: ATTN: Jigs SilanS, 3530 Kraft Road, Naples, fL 34105.
|.239l.263-6234
collier county sheriffs office: ATTN: sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL
34712.12391774-4434.
Greater Naples Fire Res€ue District: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119'
(239)348-7s40
North collier Fire control and Rescue District: ATTN: Fire Prevention Bureau and support services,
6495 Taylor Road, Naples, FL 34109. (2391s97 -9227
Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, cape Coral, FL 33990
l'239l.s74-2O20
Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913
(239)432-180s.
Adjacent Property Owners
Homeowners Association
addresses may not be current)Letters of No Objection,rom each of the following, as applicable:
ErfirIrlI-Ir-rrrE
rIilrf-rIrIfrrr-I
ffiEEEEEE
EEIIIIIIE
IrrI-II-II-II-I
COttIER COUNW GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
wr rw.colliergov.net
rltrltrl
1
I
Rev . 70127 l2o\7 PaBe 3 of 5
17.A.a
Packet Pg. 1184 Attachment: Application (8154 : VAC-Arboretum)
COLLIER COUNW GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPtES, FLORIDA 34104
12391zs2-24oo FAX: (239) 252-6358
FEE REQUIREMENTS
B Application Fee: 52,000.00
E Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the
time of submittal)
o AVROW: 5700.00o AVPLAT: 51000.00o AVESMT: 51000.00
All checks poyoble to: Boord of County Commissione6
The completed application, all required submittal materials, and fees shall be submitted to:
GroMh Management Department/Development Review Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
lo-
Applicant/t Signature Date
Reu . lo/27 /2Or7 Page 4 of 5
17.A.a
Packet Pg. 1185 Attachment: Application (8154 : VAC-Arboretum)
COTTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
C-ounty
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORTDA 34104
(239) 252-2400 FAx: (239) 2s2-53s8
AFFIDAVIT OF AUTHORIZATION
I,(print name),(title, if applicable) of
(company, Ifapplicable), swear or aIIirm under oath, that I am the (choose
one) owner x applicanl _ contract purchaser _ and that:
l. I havc full authority to secure the approval(s) requested and to impose covenants and restrictions on tbe referelced propeny
as a result ofany aclion approvcd by thc County in accordance with this application and the Land Development Code;
2. All answers to the questions in this applicatioD and atry skctches, data or othq supplementary matter attached hereto and
made a pan ofthis application are honest and true;
3. I have authorized the staffof Collier County to enter upon the prcperty during normal working hours for the purpose of
itrvestigating and evaluating the request made tkough this application; and that
4. The property will be transferred, conveyed, sold or zubdivided subject ro the coDditions and restrictions imposed by the
approved action.
5. We/l authorize K3m.L co.bctt, E.q. a Foby e L.rdncr LLP to act as our/my repres€ntative in any matlers
regarding this petition including I through 2 above.
'Noles:. Arhe applicaal is a corporation, lhet it is usuolly executed by the corp. pres. orv. pres.
. Ifthe applicdnt i$ a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be sigod by
the Company's "Managing Me ber."
. lfthe applicdnl is a partnership, then typically a psrt,ter con sign on behalfofthe pannership.
. If he applicant is a limited parmership, lhen the general parlner mu.st sign and be identifed as the "general parlner" of the nomed
psrlnership.
o If the applicant is a trusr, ,hen the.v must include rhe truslee's name and the wordc "as t tstee".
. lr each i$tance,lirsl determine ,he applicant's slatus, e.g., indiidual, corpordte, trusl, partnership, eslale, elc,, and then use ahe
apprcpriste tlor lhat ownership.
Under perjury, I declare that I have read the foretoing Affidavit of Authoriration and that the facts stated in it are tru€.
lu -\1 lg
Signatu
STATE OF FLOR
COUNTY OF COI.TIER
and subscribed before me on I't (date) by odo... ZO l8 (name of
producedperson providing oath or affirmation),aS M.n o&im, v P.. rr.ltt,r'y N.d.. Llc who is personally known to me or who has
(type of identification) as identification
<5ror-- C., ^..-t.-STAMP/SEAT,
ct10&coa-001r5\rss
RE\'01/2.1/20r{
,'isfrti
1i,#$j
Ret.l0l27 /2017
stfiffi;aN"C,tTffiia
Page 5 oI 5
FOR PETITION NUMBERS(S)
Date
The foregoing instrument was sworn to (or affirmed)
SUSAN GREENE
rrY coM lssloN; GG 009923
gxPlRES: Auotrsl 6. 2020
Boodad ThllJ Nohry FlluL lJndorrrile|s
17.A.a
Packet Pg. 1186 Attachment: Application (8154 : VAC-Arboretum)
17.A.b
Packet Pg. 1187 Attachment: Resolution - 022519 (8154 : VAC-Arboretum)
17.A.b
Packet Pg. 1188 Attachment: Resolution - 022519 (8154 : VAC-Arboretum)
17.A.bPacket Pg. 1189Attachment: Resolution - 022519 (8154 : VAC-Arboretum)
17.A.bPacket Pg. 1190Attachment: Resolution - 022519 (8154 : VAC-Arboretum)
17.A.c
Packet Pg. 1191 Attachment: Property Ownership Disclosure Form (8154 : VAC-Arboretum)
17.A.c
Packet Pg. 1192 Attachment: Property Ownership Disclosure Form (8154 : VAC-Arboretum)
17.A.c
Packet Pg. 1193 Attachment: Property Ownership Disclosure Form (8154 : VAC-Arboretum)
17.A.c
Packet Pg. 1194 Attachment: Property Ownership Disclosure Form (8154 : VAC-Arboretum)
17.A.d
Packet Pg. 1195 Attachment: Affidavit of Authorization (8154 : VAC-Arboretum)
17.A.e
Packet Pg. 1196 Attachment: Email Eric Fey response of Scott Stones comments (8154 : VAC-Arboretum)
17.A.e
Packet Pg. 1197 Attachment: Email Eric Fey response of Scott Stones comments (8154 : VAC-Arboretum)
17.A.e
Packet Pg. 1198 Attachment: Email Eric Fey response of Scott Stones comments (8154 : VAC-Arboretum)
17.A.e
Packet Pg. 1199 Attachment: Email Eric Fey response of Scott Stones comments (8154 : VAC-Arboretum)
17.A.f
Packet Pg. 1200 Attachment: Response letter for Public Utilities (8154 : VAC-Arboretum)
17.A.f
Packet Pg. 1201 Attachment: Response letter for Public Utilities (8154 : VAC-Arboretum)
17.A.f
Packet Pg. 1202 Attachment: Response letter for Public Utilities (8154 : VAC-Arboretum)
17.A.f
Packet Pg. 1203 Attachment: Response letter for Public Utilities (8154 : VAC-Arboretum)
17.A.f
Packet Pg. 1204 Attachment: Response letter for Public Utilities (8154 : VAC-Arboretum)
17.A.g
Packet Pg. 1205 Attachment: Aerial r1 (8154 : VAC-Arboretum)
17.A.h
Packet Pg. 1206 Attachment: Legal Ad - Agenda ID 8154 (8154 : VAC-Arboretum)
17.A.h
Packet Pg. 1207 Attachment: Legal Ad - Agenda ID 8154 (8154 : VAC-Arboretum)