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Agenda 06/23/2009 Item #16B 1 Agenda Item No. 1681 June 23, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Vacation of Easement for a portion of a drainage easement (parcell03DE2) acquired for the Davis Boulevard Project. (Project No. 60073.) Estimated Fiscal Impact: $30.00. OBJECTIVE: To obtain Board approval of the attached Vacation of Easement for a portion of a drainage easement (Parcel 103DE2) acquired for the Davis Boulevard Project. (Project No. 60073.) CONSIDERATIONS: The above-referenced drainage easement was granted to County pursuant to a Developer Agreement recorded in O.R. Book 4187, Pages 2189 - 2207, of the Public Records of Collier County, Florida on February 23, 2007. As a condition for the grant of the Environmental Resource Permit required to construct this project, the South Florida Water Management District requires that a portion of this drainage easement encumbering a conservation easement previously granted to the District be vacated. The portion proposed to be vacated is not required for construction of the project, and is depicted on the attached vicinity map. FISCAL IMPACT: The only costs to Collier County arising from the vacation of this easement are recording costs, which will not exceed $30.00. The funds will be paid from gas taxes and/or impact fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is legally sufficient for Board action. This item is quasi-judicial, requires ex-parte disclosure and simple majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Vacation of Easement and authorize the Chairman to execute same on behalf of the Board; 2. Direct the County Manager or his designee to record the Vacation of Easement in the Public Records of Collier County, Florida; and 3. Authorize the payment of all costs and expenses necessary to record the Vacation of Easement. Prepared by: Robert Bosch, Right-of-Way Coordinator, TECM Attachments: (1) Vacation of Easement with Exhibit "A"; (2) Vicinity Map. -- Page 1 of2 Agenda Item No. 1681 June 23, 2009 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B1 Meeting Date: Recommendation to approve a Vacation of Easement for a portion of a drainage easement (Parcel 1 03DE2) acquired for the Davis Boulevard ProJect. (Project No. 60073.) Estimated Fiscal Impact $3000. 6/23120099:0000 AM Prepared By Robert Bosch Right of Way Coordinator TECM Date Transportation 614/2009 1 :48 :41 PM Approved By County Attorney County Attorney County Attorney Office Date Jeff Klatzkow 6/4/20094:40 PM Approved By Marlene Messam Transportation Services Senior Project Manager Transportation Engineering & Construction Management Date 6/81200912:39 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 6/8/20094:12 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 6/812009 6:08 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. Date 6/9/2009 1 :52 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 6/9/2009 2:43 PM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Date Transportation Administration 6110/20098:18 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin Date 6/10/2009 9:46 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/10/2009 1 :31 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date fiJe:IIC:\AgendaTest\Export\132-June%2023,%202009\16.%20CONSENT%20AGENDA\1... 6/] 7/2009 Page 2 of2 Agenda Item No. 1681 June 23, 2009 Page 3 of 7 County Manager's Office Office of Management & Budget 6/12/2009 1 :31 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/12120099:01 PM file:I/C:\AgendaTest\Export\ 1 32-June%2023,%202009\ 16.%20CONSENT%20AGENDA \ I... 6/17/2009 Agenda Item No. 16B1 June 23,2009 Page 4 of 7 PROJECT: DAVIS BL YD. NO.: 60073 PARCEL NO.: 103DE2 FOLIO NO.: PORTION OF 59712000200 VACATION OF EASEMENT THIS V ACA TION OF EASEMENT is made this _ day of , 2009 by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiarni Trail East, Naples, Florida 34112 (hereinafter referred to as "COUNTY"). WITNESSETH: WHEREAS, COUNTY is the Grantee of that certain Drainage Easement recorded in Official Records Book 4360, at Pages 2650 - 2652 and amended in Official Records Book 4451, at Pages 3588 - 3593, of the Public Records of Collier County, Florida; and WHEREAS, a portion of the area encumbered by the aforesaid recorded Easement is no longer required by COUNTY for drainage purposes~ and WHEREAS, COUNTY is agreeable to vacating that portion of said Easement in only that certain area no longer required for water management purposes. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($] 0.00) and other good and valuable consideration, receipt of which is hereby acknowledged, COUNTY hereby relinquishes, abandons and vacates only that portion of the Drainage Easement area as described in Exhibit "A", attached hereto and made a part hereof. IN WITNESS WHEREOF, COUNTY has caused this vacation to be executed the day and year set forth above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Agenda 11em No. 1681 June 23. 2009 Page 5 of 7 EXHIBIT "A" (1 OF 2) LEGAL DESCRIPTION OF PAR TIAL V ACA TION OF A DRAINAGE EASEMENT THA T POR nON OF A DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4360, PAGES 2650-2652 AND AMENDED IN OFFICIAL RECORD BOOK 4451, PAGES 3588-3593, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT lHE NORTHEAST CORNER OF SAID SECTION 3, SAID POINT LYING ON THE SURVEY BASE LINE OF STATE ROAD 84 (DAVIS BLVD); THENCE ALONG SAID SURVEY BASE LINE AND THE NORTH LINE Of SAID SECTION 3, :'-JORTH 89043'23" WEST A DISTANCE OF 1,978 69 FEET; THENCE LEA VfNG SAID SURVEY BASE LINE AND SAID NORTH LINE SOUTH 00016'35" 'W'EST A DISTANCE OF 5234 FEET; THENCE ALONG THE WESIERL Y PROPERTY UNE OF SAID MARKET CEKTER SUBDIVISJON SOUTH 00011'18" WEST A DISTANCE OF 103895 FEET TO A POINT BEING THE .'l'ORTHWESI CORNER OF SAID CONSERV A nON TRACT C-2, THENCE CONTINUE SOUTH 00017'] 8" WEST A DISTANCE OF 37500 FEET FOR A POlNT OF BEGINl\"lNG; THENCE SOUTH 00017'18" \l.lEST A DISTANCE OF 58951 FEET; THENCE SOUTH 89042'42" EAST A DISTANCE OF 1500 FEET; THENCE NORTH DOc 17' 18" EAS T A mST ANCS OF 58951 00 FEET; THENCE NOR TH 89042'42" WEST A DISTA.'-!CE 01' 1500 FEETIO THE POINT OF BEGIN.'-!ING CONTAINING 8,842,65 SQUARE FEET, OR 0.2030 ACRES, MORE OR LESS BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) SECTION 3, TOVlNSHIP 50 SOUTH, R.i\.;'\[GE 26 EAST AS BEING N89043'23"W, 1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT SIA IE PLANE COORDINATE SYSTEM (GRID) FOR PLORIDA EAST ZONE 0901 t-. ....... 1;......:I~j I ()l~" -." " BEe., //v/v ;/vc L /tv/E l Agenda Item No. 1681 June 23,2009 Page 6 of 7 ~//vJE ..:J. 'n I I I I I I I i I I I I I I I I I ! I I I I ! LJ /itfE ';> '- ::.. EXHIBIT /1 LJ : i .' ,) ( /r'" r f' -,- (_,.J / I~ / ' C- j ~ / ,~\/ /~' .) I)J i n Ij 50 /00 '-- -.... Feel ---, ____________ DATE: 2009-0~::.~!J I LINE 1 = S 00017'18" W, 589.5J FEET I , _.______ ---I : LINE 2 = S 89042'42" E, 15.00 FEET i [!-INE 3 = N 00017' 18" KS89.-S1 FEET ! LINE 4 == N 89043'42"W 1500 FEET i AREA = 8,84265 SQUARE FEET: 0.2030 ACRES I PE~ET~~ = 120902.00 FEET Agenda Item No. 1681 June 23,2009 Page 7 of 7 VICINITY MAP - VACATION OF EASEMENT (PORTION OF PARCEL 103DE2) (NOT TO SCALE) -~- ------ --- J--- ------~ - L--------- I .N I i I I J I I I GATOR GATE UNIT 1 i DASHED LINES REPRESENT PARCEL 1030E2 CROSSES REPRESENT PORTION OF PARCEL 1030E2 TO BE VACATED ,. ! I I i , ~ I i I r,'l', r ~ I' t t f I i;;l ) 1<1 I 'l I ~~ I ~i I i I ~i '--- i ... ~I I -~ tJ ~ H ! n ~ ~I\ i '., U \. tr '. ~i \, ""< " \ " I i , ,,''--''.. ''[ TRACT L-2 MARKET CENTER, PLAT BOOK 41. PAGES 60 - 61 TRACT C-1 MARKET CENTER, PLAT BOOK 41. PAGES 60 - 61 )i )( )( )( )( )( )( ~ TRACT C-2 MARKET )( CENTER, PLAT BOOK g 41. PAGES 60 - 61 I ~ II ~ i S I I , (~ .' .' " I r I i I I l' ! ...::.--- '-I i I (' I' I' I I 'I. I I I