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Agenda 06/25/2019 Item #17A (Vacation Easement - Naples Heritage Golf & Country Club)06/25/2019 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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B) OBJECTIVE: To adopt a Resolution to vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20190000439 has been received by the Development Review Division, Growth Management Department, from Gina R. Green, P.E., of Gina R. Green, P.A., as agent for the applicant, Naples Heritage Community Development District, to vacate a portion of Tract C1, Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, as further described in Exhibit A to the attached Resolution. According to the plat, Tract C1, a Conservation and Buffer Easement, was dedicated to the County without maintenance responsibility, and dedicated to Naples Heritage Golf and Country Club, Inc., with maintenance responsibility. According to the Quit-Claim Deed dated January 8, 1999, recorded in O.R. Book 2507, Page 2235, Naples Heritage Community Development District is fee simple owner of the subject property. The Naples Heritage Golf & Country Club is proposing to vacate a portion of Tract C-1 of the Naples Heritage Golf & Country Club Phase One Plat in order to relocate their tennis center facility from the main clubhouse campus. Due to changes over the past 20 years for this Club, the demographics of the members have changed, and the main clubhouse campus can no longer provide the space needed to accommodate all the activities that are available for the members. When the project was built in the late 1990s, golf was the primary amenity at the club. Present day demographic is more active and plays tennis, uses the fitness center and the swimming pool more than when the club was constructed. This has created a parking issue during the seasonal months at the club. The tennis center has seen a 500% increase in participation. The relocation of this tennis center will allow the club to continue to provide all its amenities and alleviate a parking issue during the season at the clubhouse. This parking issue has been witnessed by the local fire department, and they have spoken to the club about the issue and the need for it to be addressed. The public benefit of vacating this Conservation and Buffer easement to allow the relocation of the tennis center, which would alleviate the parking issues on the clubhouse site. Removing the tennis center would allow the addition of 69 spaces to the clubhouse site for a total of 262 spaces. The new tennis center would also have 20 spaces and golf cart parking at its new facility, which is adjacent to the existing driving range. This would alleviate the safety concerns of the parking of cars along the club entry drive which hinders first responders when there is a call to the site. No replacement easement is required because the project contains excess conservation areas. 17.A Packet Pg. 2663 06/25/2019 Naples Heritage Golf and Country Club, Inc., and the Naples Heritage Community Development District have provided a letter of no objection to this request. The vacation will not affect access to any properties within the subject plat. The Development Review Division has reviewed this petition and found no reason for objection. As a condition of approval, the South Florida Water Management District needed to issue a release of easement of the 2.87 acres +/- Conservation and Buffer Easement which was scheduled to be heard by the South Florida Water Management District Board on June 13, 2019. The South Florida Water Management District Board issued the release of easement on June 13, 2019. FISCAL IMPACT: The 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: Petitioner is requesting the vacation of a portion of Tract C1, a Conservation and Buffer Easement, of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. Pursuant to Resolution 2013-166 and Florida Statutes Section 177.101, the Board may adopt resolutions vacating plats in whole or in part of subdivisions in Collier County, returning the property covered by such plats either in whole or in part into acreage, 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 vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. This item has been approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20190000439, which will vacate a portion of Tract C1, a Conservation and Buffer Easement, of Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida, located in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Naples Heritage Golf and Country Club, Phase One, as recorded in Plat Book 26, Page 73, of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division ATTACHMENT(S) 1. Affidavit of Authorization (PDF) 2. Application (PDF) 3. Resolution - 051619(2) (PDF) 4. LONO Naples Heritage CDD (PDF) 17.A Packet Pg. 2664 06/25/2019 5. LONO Naples Heritage G&CC Inc (PDF) 6. Plat-Naples Heritage G&CC Phase One (PDF) 7. Location Map of Easements being vacatedr1 (PDF) 8. Property Ownership Disclosure Form (PDF) 9. Legal Ad - Agenda ID 8990 - 1 of 2 (PDF) 10. 181212-2 partial release of conservation easement - Naples Heritage (PDF) 11. Legal Ad - Agenda ID 8990 - 2 of 2 (PDF) 17.A Packet Pg. 2665 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 8990 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-PL20190000439 to disclaim, renounce and vacate a portion of Tract C1, a Conservation and Buffer Easement, being a part of Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1000 feet southeasterly of Davis Blvd, in Sections 4 and 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item 17.B) Meeting Date: 06/25/2019 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 05/20/2019 11:11 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/20/2019 11:11 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/20/2019 11:30 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 05/22/2019 5:02 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/24/2019 9:07 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/28/2019 2:47 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/31/2019 10:15 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/31/2019 3:27 PM Growth Management Department James C French Deputy Department Head Review Completed 05/31/2019 5:28 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/17/2019 3:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 4:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 4:47 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/18/2019 7:54 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/19/2019 12:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 17.A Packet Pg. 2666 PL2019000043917.A.1Packet Pg. 2667Attachment: Affidavit of Authorization (8990 : VAC-Naples Heritage) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 10/27/2017 Page 1 of 5 APPLICATION FOR VACATING Florida State Statutes Sections 336.09, 336.10, 177.101, 125.01, and 125.37; Ordinance No. 01-57; Resolution 2013-166; and Applicable sections of the Collier County Land Development Code AVROW- Vacation of Road Right-of-Way Road Name: ________________________________________ AVPLAT- Vacation of Plats or portions of plats of subdivided land Plat Book: ______________________________ Page(s): _______________________________ AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads. Official Record Book: ___________________________ Page(s): _________________________ PETITION NO (PL) PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Property Owner: ___________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ Name of Agent: ____________________________________________________________________________ Firm: _____________________________________________________________________________________ Address: __________________________________City: ________________ State: ________ ZIP: __________ Telephone: _______________________ Cell: _________________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________________ For Staff Use 17.A.2 Packet Pg. 2668 Attachment: Application (8990 : VAC-Naples Heritage)26 73-80 Naples Heritage Community Development District 210 N UNIVERSITY DR STE 702 CORAL SPRINGS FL 33071 239-793-1417 PLEL1988@YAHOO.COM GINA R. GREEN, P.E. GINA R. GREEN, P.A. 3310 1ST AVE NW NAPLES FL 34120 239-348-0500 239-229-6238 866-720-4823 GGREENENG@AOL.COM COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 10/27/2017 Page 2 of 5 PROPERTY INFORMATION Reason for Request: _________________________________________________________________________ Address of Subject Property: __________________________________________________________________ Legal Description: ___________________________________________________________________________ Section: _______ Township: _______ Range: _______ Current Zoning: __________________________ Will this affect density? ______________________________ NOTE: 1) If applicant is a land trust, indicate the name of beneficiaries. 2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. 17.A.2 Packet Pg. 2669 Attachment: Application (8990 : VAC-Naples Heritage)VACATE CONSERVATION & Buffer EASEMENT TO CONSTRUCT A NEW TENNIS FACILITY 8349 NAPLES HERITAGE DRIVE, NAPLES 34112 A PORTION OF TRACT C1, NAPLES HERITAGE GCC PHASE 1 3 50 26 PUD NO COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 10/27/2017 Page 3 of 5 SUBMITTAL REQUIREMENTS 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. Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application, and the below checklist, refer to Resolution 2013-166. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website)1 Addressing Checklist signed by Addressing Department 1 CD of complete application and all submittal documents in PDF format 1 Fee Simple Deed 1 Statement explaining the general public benefit received from the proposed vacation 1 Certificate showing all State and County taxes have been paid for subject parcel 1 Assessment map depicting area of proposed vacation 1 List of abutting and other property owners within 250 feet of the proposed vacation including their address, and parcel number 1 Site Plan on 8 ½ in. x 11 in. paper 1 Legal Description, signed with raised seal, of what is to be vacated on 8 ½ in. x 11 in. paper and labeled (in bold: “Exhibit A”) – Please submit hard Originals to Client Services 3 Signed with raised seal sketch of the legal description – Please submit hard Originals to Client Services 3 Copy of the recorded subdivision plat, if applicable 1 Letter Authorizing representation, if the applicant isn’t the owner 1 Affidavit of Authorization, signed and sealed 1 Replacement easement documentations, if applicable 3 If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacation of Easement only 1 Copy of document which granted, conveyed or dedicated the right-of-way to the county or public, for Vacation of Right-of-Way only 1 Letters of No Objection, from each of the following, as applicable: (addresses may not be current) Electric Company- Florida Power and Light Naples Service Center, 1220 5th Ave North, Naples, FL 34102. (239) 262-1322 Telephone Company- Century Link, Florida: ATTN: Jigs Silang, 3530 Kraft Road, Naples, FL 34105. (239) 263-6234 Collier County Sheriff’s Office: ATTN: Sheriff Kevin Rambosk, 3301 East Tamiami Trail, Naples, FL 34112. (239)774-4434. Greater Naples Fire Rescue District: ATTN: Kingman Schuldt, 14575 Collier Blvd. Naples, FL 34119. (239) 348-7540 North Collier Fire Control and Rescue District: ATTN: Fire Prevention Bureau and Support Services, 6495 Taylor Road, Naples, FL 34109. (239) 597-9227 Cable Television- Time Warner: ATTN: Don Roberts, 1418 SE 10th Street, Cape Coral, FL 33990. (239) 574-2020 Cable Television- Comcast: ATTN: Mark Cook, 26100 West Links Drive, Ste 4, Fort Myers, FL 33913. (239) 432-1805. Adjacent Property Owners Homeowners Association 1 17.A.2 Packet Pg. 2670 Attachment: Application (8990 : VAC-Naples Heritage)4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Rev. 10/27/2017 Page 4 of 5 FEE REQUIREMENTS ฀ Application Fee: $2,000.00 ฀ Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the time of submittal) o AVROW: $700.00 o AVPLAT: $1000.00 o AVESMT: $1000.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Development Review Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ______________________________________________________ Applicant/Agent Signature Date 17.A.2 Packet Pg. 2671 Attachment: Application (8990 : VAC-Naples Heritage)2/15/19 4 4 17.A.3 Packet Pg. 2672 Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage) 17.A.3 Packet Pg. 2673 Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage) 17.A.3Packet Pg. 2674Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage) 17.A.3Packet Pg. 2675Attachment: Resolution - 051619(2) (8990 : VAC-Naples Heritage) 17.A.4Packet Pg. 2676Attachment: LONO Naples Heritage CDD (8990 : VAC-Naples Heritage) 17.A.5Packet Pg. 2677Attachment: LONO Naples Heritage G&CC Inc (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2678 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2679 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2680 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2681 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2682 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2683 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2684 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.6 Packet Pg. 2685 Attachment: Plat-Naples Heritage G&CC Phase One (8990 : VAC-Naples Heritage) 17.A.7 Packet Pg. 2686 Attachment: Location Map of Easements being vacatedr1 (8990 : VAC-Naples Heritage) 17.A.8Packet Pg. 2687Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage) 17.A.8Packet Pg. 2688Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage) 17.A.8Packet Pg. 2689Attachment: Property Ownership Disclosure Form (8990 : VAC-Naples Heritage) 17.A.9 Packet Pg. 2690 Attachment: Legal Ad - Agenda ID 8990 - 1 of 2 (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2691 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2692 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2693 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2694 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2695 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10Packet Pg. 2696Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2697 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10 Packet Pg. 2698 Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.10Packet Pg. 2699Attachment: 181212-2 partial release of conservation easement - Naples Heritage (8990 : VAC-Naples Heritage) 17.A.11 Packet Pg. 2700 Attachment: Legal Ad - Agenda ID 8990 - 2 of 2 (8990 : VAC-Naples Heritage)