Agenda 10/13/2009 Item #17A
Agenda Item No. 17 A
October 13, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL2009-651, to disclaim, renounce and vacate
the County's and the Public's interest in a drainage easement over Tract "C02", as
designated, and according to the Plat thereof known as "Silver Lakes, Phase Two-F", a
subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Section 10 & 15, Township 51 South, Range 26 East, Collier
County, Florida, and being more specifically described in Exhibit "A".
OBJECTIVE:
To adopt a resolution vacating a drainage easement over Tract "C02", as designated, and
according to the Plat thereof known as "Silver Lakes, Phase Two-F", a subdivision as recorded
in Plat Book 33, Pages 37 & 38 of the PuBlic Records of Collier County, Florida, situated in
Section 1 0 & 15, Township 51 South, Range 26 East, Collier County, Florida, and being more
particularly described in Exhibit "A".
CONSIDERATIONS:
Petition VAC-PL2009-651, has been received by the Engineering and Environmental Services
Department from Kirk Ritchie of McAnly Engineering & Design, Inc. as agent for the Petitioner,
,_ Silver Lakes Property Owners Association of Collier County, requesting the vacation of the
drainage easement over Tract "C02" in Silver Lakes, Phase Two-F. "This parcel was dedicated
to Collier County, as a drainage easement, by the above mentioned plat. However, after
recording the plat, the Silver Lakes Planned Unit Development documents were revised and
approved by Collier County as Ordinance 05-14, MPUD-Silver Lakes. As a part of this
Ordinance the tract in question was changed from "Tract C02" (drainage easement) to Tract
"CR" (common/recreation area). At this time the property owner (Silver Lakes Property Owners
Association of Collier County) is applying for County approval to construct a community pool on
this parcel. In order to construct this pool the County must vacate the drainage easement.
There are no drainage ways or structures constructed on the parcel at this time. "The previous
quotation is taken from the applicant's vacation application letter.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering and Environmental Services 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.
GROWTH MANAGEMENT IMPACT:
,-. There is no growth management impact associated with this Executive Summary.
Agenda Item No. 17 A
October 13. 2009
Page 2 of 10
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 the Resolution for Petition VAC-PL2009-651, vacating a drainage easement over Tract
"C02", as designated, and according to the Plat thereof known as "Silver Lakes, Phase Two-F",
a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of, Collier
County, Florida, and being more particularly described in Exhibit "A".
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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 and Environmental Services Department
"""'"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17 A
October 13, 2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
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-PL2009-651, to disclaim, renounce and vacate the Countys and the
Publics interest in a drainage easement over Tract C02, as designated, and according to the
Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as recorded in Plat Book 33,
Pages 37 & 38 of the Public Records of Collier County, Florida, situated in Section 10& 15,
Township 51 South, Range 26 East, Collier County, Florida, and being more specifically
described in Exhibit A.
10/13/2009 9 :00: 00 AM
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
Date
Approved By
CDES Engineering Services
9/8/2009 8:49:41 AM
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
9/14/200912:04 PM
Nick Casalan9uida
Transportation Services
MPO Director
Date
Transportation Planning
9/16/20098:10 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
9/16/200912:32 PM
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Storm water Management
9/17/20091:51 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
9/22/20092:16 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
9/22/20093:54 PM
Approved By
Community Development &
Joseph K. Schmitt
Community Development &
Environmental Services
Agenda Item No. 17 A
October 13, 2009
Page 4 of 10
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/24/20099:26 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
9/30/20095:29 PM
Agenda Item No. 17 A
October 13, 2009
Page 50f10
__.I.I..I~~~L ci~~~NI~~~ING
~ CIVIL ENGINEERING
STR UCTUHAL ENG I N E ER I NG LAN 0 SU RV EY I N G
JOLY 22, 2009
LBGAL DBSCRIPT~ON
BASBKENT TO BB VACATBD
TRACT C02 S~LVBR LAKES PRASB TWO F
COLLIBR COUNTY, FLORIDA
BEGINN~NG AT THE NORTHWEST CORNER OF LOT 39, BLOCK 4, SILVER LAKES, PHASE TWO-F
AS RECORDED IN THE LAND RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33
PAGES 37 AND 38, AND RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID
PLAT N89020.'37"W 14.38' TO THE NORTHWESTERLY CORNER OF TRACT CR6 AS SHOWN ON
SAID PLAT, AND THE POINT OF BEGINNING; THENCE BINDING ON TRACT CR6, S08030'50"W
39.73'; THENCE S37001'26"W 87.19'; THENCE S62048'll"W 54.60'; THENCE N90000'00"W
60.38'; THENCE N73000'49"W 130.38'; THENCE N21034'41"W 107.08' TO THE NORTHERLY
LINE OF SILVER LAKES, PHASE TWO-F; THENCE BINDING ON SAID OUTLINE, S890 20'37"E
331.43' TO THE POINT OF BBGINNING.
co~~iNG'~~,744 SQ FT OR 0.798 ACRES MORE OR LESS
~.,~.~-~.,.~.,.-. ~..:::~-~~/~:~~/ '
-:1I){. _ -DESCR4~lI!-_ PREPARED BY
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?..Lt1,P;r-tlA..~G~:eATION NO. 1543
N~,~I~J,q~'J;HOUT ORIGINAL SIGNATURE
NOT .~.iID' V7ITHOUT RAISED SEAL
AVPLAT-PL2009-651 REV: 2
SILVER LAKES PHASE TWQ-F
DATE: 8/4/09
DUE: 8/18/09
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Ex \-l \ f;>, ,. "A"
P~F- 1. 'f 'Z-
5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109
(239) 593-3299 FAX (239) 593-3298
SKETCH TO
VACATION OF DRAINAGE
SILVER LAKES PHASE
NOT
ACCOMPANY DESCRIPTION
EASEMENT
TWO- F, TRACT C02
A SURVEY
SIL VER LAKES, PHASE TWO- 0
100' FLORIDA POWER AND LIGHT EASEMENT
TRACT CR 7
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DIAMOND LAKE CIRCLE
60' RIGHT OF WAY
~e8'20 J7 W 1011.86
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GRAPHIC SCALE
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120
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LEGAL DESCRIPTION:
( IN FEET )
1 inch = 60 rt.
BEGINNING AT THE NORTHWEST CORNER OF LOT 39, SILVER LAKES, PHASE TWO-F AS RECORDED IN
THE LAND RECOROS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33 PAGES 37 ANO 38, AND
RUNNING THENCE, BINDING ON THE NORTHERLY OUTliNE OF SAID PLAT N89'20'37"W 14.38' TO THE
NORTHWESTERLY CORNER OF TRACT CRG AS SHOWN ON SAID PLAT, AND THE POINT OF BEGINNING;
THENCE BINDING ON TRACT CRG, S08'30'50"W 39.73': THENCE S37'01'25"W 87.19'; THENCE S52'
48'l1"W 54.50'; THENCE N90'OO'OO"W 50.38'; THENCE N73'00'49"W 130.38'; THENCE N21'34'41"W
107.08' TO THE NORTHERLY LINE OF SILVER LAKES, PHASE TWO-F; THENCE BINDING ON SAID
OUTLINE, S89' 20'37"E 331.43' TO THE POINT OF BEGINNING.
CONTAINING 34,744 sa FT OR 0.798 ACRES MORE OR LESS
NOTES:
ADDRESS: N/A
ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED
ELEVA TIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G. V.D. 1929.
FIRM, PANEL No. 12021C 0515 G INDICATES THIS PROPERTY IS IN ZONE "AE 7.3 NGVO".
BEARINGS ARE BASED ON NORTH LINE OF SILVER LAKES PHASE TWO-F = S89'20'37"E
PARCEL CONTAINS 34,744 S.F. (0.798 ACRES MORE OR LESS).
THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON
AND NOT TO THE SIGNATURE DATE.
CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. (NEW)
NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.)
NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.)
THERE ARE NO ENCROACHMENTS EiTHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN.
ONL Y EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON.
I HEREBY CERTIFY to:
SILVER LAKES PROPERTY ASSOCIATION OF COLLIER COUNTY, INC.
CONQUEST DEVELOPMENT U.S.A.
Agenda Item N . 1 A
October 13 2 09
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that on above 9round survey of the above described property was made under my direction and that the survey and
sketch are accurate to the best of my knowledge and belief. I further certify that this survey meets the Minimum
Technical Standards in Section 472.027, Florida Statutes as per Chapter 51G17-5 of the Florida . (ldroioistrative Code.
Certification is only for the lands as described. /t is not a certification of Tit/e, Zoning. Eoseme,~is,~FreedPm-rfrom
Encumbrances or construction set bock restrictions. Abstract not reviewed. This Survey is ,!"b.pC!..t-e::lKlsJ:rf,e11J,.s,
restrictions (including construction setbacks) and reservations of record. ~. ~-..'~< :"'. '. : _' -:::.
CERTIFI . J.le- A IZ~,o" -110. LB 8782
ORA... K.R. CHEO<!D w.~. NOT VAll;; .. Sl 'AND ElOllOSSED 'MTH SEAL
DATE NOVEMBER 26. 2008 Wi! 8 = C. c Iy, P.S.~,=N1543
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McANL Y ENGINEERING
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Agenda Item No. 17 A
October 13, 2009
Page 8 of 10
RESOLUTION NO. 09-_
a RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
relating to Petition vac-pI2009-651, disclaiming,
renouncing, and vacating the County's and the Public's
interest in a drainage easemenT OVER TRACT "C02", AS
DESIGNATED AND ACCORDING TO THE PLAT THEREOF
KNOWN AS "SILVER LAKES, PHASE TWO-F" , A
SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES
37 & 38 OF THE PUBLIC RECORDS OF Collier County,
SITUATED IN SECTIONS 10 & 15, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, AND MORE
SPECIFICALLY DESCRIBED IN EXHIBIT "A".
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner,
Silver Lakes Property Owners Association of Collier County, have requested
vacation of a drainage easement over Tract "C02" as designated, and according
to the Plat thereof known as "Silver Lakes, Phase Two-F", a subdivision as
recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Sections 1 0 & 15, Township 51 South, Range 26
East, Collier County, Florida, as specifically described in Exhibit IA'; and
WHEREAS, the Board has this day held a public hearing to consider
Petitioner's request, and notice of said public hearing was given as required by
law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of other property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the drainage easement as specifically described in Exhibit lA' 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; and 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 , 2009.
Agenda Item No. 17 A
October 13, 2009
Page 9 of 10
DATE:
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
DONNA FIALA, CHAIRMAN
Approved as to form and legal
sufficiency:
By: STW 8-07-09
Steven T. Williams
Assistant Collier County Attorney
Attachments: EXHIBIT A - Legal Description
Naples DaDy News · Sunday, October 4, 2009 . 17D
Agenda Item No. 17 A
October 13, 2009
Page 10 of 10
:,
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of
County, Commissionel"$ of Collier County
will h~ld a public hearing on. Tuesday, Oc-
tober. 13; 2009 in the Boardroom, 3rd
Floor;' Administration. Building, Collier
County Go.vernment Center; 3301 East Ta-
miami Trail. Naples, Florida, The meeting
will begin at 9:00 A.M. Th~ title of the
propC?sed Resolution is as follo~:
;,: .~,}...,':/'" ,'-,,)1:"- -;'-;,jo., ,"
A"RESOLUTION'OF:;tHE BOARP"OF'COUN-
TY COMMISSIONERS' OF COLLIER COUN'
TY, ,FLORfDA,'RELATII\I(r:.TO,PETlTION
VAC,PL2009,651, _, DISCLAIMING,RE-
NOUNCING; }'AND' VACATIf'ilG "THE,COUN-
TY'S AND THE PUBLIC'S INTEREST IN A
DRAINAGE EASEMENT OVER TRACT
~C02", AS DESIGNATED AND ACCORDING
TO THE PLAT THEREOF KNOWN AS"SI-
LVER LAKES, PHASE TWo-F", A SUBOIVI-
SIOWAS RECORDED IN PLAT BOOK 33,
PAGES 37 AND 38 OF THt PUBLIC RE~
CORDS OF' COLLIER' COUNTY, 'SITUATED
IN SEGIONS 10 &' 15, TOWNSHIP. 51'
SOUTH, RANGt.26 EAST, .COLLlER COUN-
TY, AND MORE SPECIFIcALLY DESCRIBED
IN EXHIBIT "A".
,
NOTE: AIIPerso~s wishing to' speak on
any agenda item must. register with the
County Administrator priOf" to prese'rita-
tion 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 orga-
nization or group is encouraged. If. rec-
ognized by fhe Chair, a spokesperson for
a group or organization may, be allotted
10 minutes to speak on an item. '
Persons wishing to have written or graph.
ic materials included in the Board agenda
packets must submit said material a min-
Imum of 3 weeks prior' to the respective
public hearing. In any case, written ma-
terials iptended to be. considered by the
Board shall be submitted to the appropri-
ate.County staff a minimum of severidays
prior to the public hearing. ,All material
used . i npresentations before. the Board
will become a permanent part of the re-
cord.
-, ,,'
. Any pel}on who decides ..to appeal a deci.
.slon of the Board will need a record of
the proceedings pertaining' thereto - and
therefore, .may need to' ensute ,that a.ver-
batim 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. en-
titled, at no cost to you, to the provision
of certain assistance. Please contact 'the
Collier County Facilities Managem!!rit De-
partment, located at 3301 . Tamiaml Trail
East. Building W, Naples, Florjda 34112,
(239) 252-8380. Assisted listening devices
for the hearing impaired are available in
the Cou~ty CommiSSIoners'. Office. .
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL) ,
Seat ?7 Ort 4 2009 ' No1818267