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Agenda 06/25/2019 Item #17C (Vacation of Drainage Easement)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-PL20190000440, to disclaim, renounce and vacate the County and the public interest in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located approximately two thirds of a mile southwest of U.S. 41 (Tamiami Trail East) in Section 24, Township 50 South, Range 25 East, Collier County, Florida. (This is a companion to Agenda Item 16.A.1) OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located in Section 24, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Petition VAC-PL20190000440 has been received by the Development Review Division, Growth Management Department from Chris Van Buskirk, of Barraco and Associates, Inc., as agent for the property owner, to vacate a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located in Section 24, Township 50 South, Range 25 East, Collier County, Florida. The portion of the easement to be vacated on the western side of the canal maintains sufficient room to access the canal at approximately 26 feet of width to the edge of water including a 12-foot wide paved path. The requested easement vacation does not adversely affect the ability of Collier County to exercise their rights of the recorded easement. In conjunction with the easement vacation, the applicant will provide additional drainage easements to Collier County over the expanded areas of the Lely Canal. These expanded easement areas will provide Collier County with additional easement area over the drainage conveyance and provide for i mproved access to the existing drainage easement. In addition to the expanded easement areas, the applicant will also provide Collier County additional access easements over and across previously platted common area tracts to connect existing platted Right-of-Way tracts to the Lely Canal Drainage Easement. This will provide for improved and defined access for Collier County to the Lely Canal Drainage Easement. The expansion of Collier County’s rights creates a public benefit as a result of this easement va cation and subsequent expansion of the easement areas and access rights to Collier County. The attached Letter from the applicant indicates that the applicant has committed to granting these easements to Collier County. There are no known County drainage facilities or pipes within the existing drainage easement proposed to be vacated. There is an expanded canal area in the easement grant area. The Development Review Division has reviewed this petition and found no reason for objection. An E-mail of No Objection was received from Amy Patterson, Director, Capitol Project Planning, Impact Fees, and Program Management Division. 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.C Packet Pg. 2734 06/25/2019 LEGAL CONSIDERATIONS: Petitioner is requesting to vacate a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located approximately two thirds of a mile southwest of U.S. 41 (Tamiami Trail East) in Section 24, Township 50 South, Range 25 East, Collier County, Florida, as further described in Exhibit A to the attached Resolution. 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-PL20190000440, which will vacate the County and the public interest in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located in Section 24, 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 and to make proper notation of this Resolution on the plat of Isles of Collier Preserve Phase 13, as recorded in Plat Book 65, Pages 81-85 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 (PDF) 2. Application (PDF) 3. LONO Email from Amy Patterson (PDF) 4. Resolution - 052319(2) (PDF) 5. OR 4385 pg 3675 Drainage Easement (PDF) 6. ICP Easement Grant Ltr (PDF) 7. Property Ownership Disclosure Form (PDF) 8. Location-Site Map (PDF) 9. Legal Ad - Agenda ID 8995 - 1 of 2 (PDF) 10. Legal Ad - Agenda ID 8995 - 2 of 2 (PDF) 17.C Packet Pg. 2735 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 8995 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-PL20190000440, to disclaim, renounce and vacate the County and the public interest in a portion of the drainage easement as recorded in Official Record Book 4385, Page 3675 of the public records of Collier County, Florida, located approximately two thirds of a mile southwest of U.S. 41 (Tamiami Trail East) in Section 24, Township 50 South, Range 25 East, Collier County, Florida. (This is a companion to Agenda Item 16.A.1) Meeting Date: 06/25/2019 Prepared by: Title: County Surveyor – Growth Management Development Review Name: Marcus Berman 05/23/2019 8:17 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/23/2019 8:17 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2019 1:24 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/24/2019 9:11 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/24/2019 11:36 AM Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/28/2019 9:33 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/28/2019 2:48 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/28/2019 4:06 PM Growth Management Department James C French Deputy Department Head Review Skipped 05/28/2019 5:54 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2019 3:26 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/14/2019 4:51 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/14/2019 4:54 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 8:49 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/17/2019 10:04 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2019 11:10 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 17.C Packet Pg. 2736 PL20190000440 17.C.1 Packet Pg. 2737 Attachment: Affidavit (8995 : VAC-Isles of Collier Preserve) 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.C.2 Packet Pg. 2738 Attachment: Application (8995 : VAC-Isles of Collier Preserve)3424 0337 Brian Cale, P.E., Minto Sabal Bay, LLC 4042 Park Oaks Blvd., Ste 450 Tampa FL 33610 (813)342-3838 N/A (813)342-3831 BCale@mintofla.com Chris Van Buskirk Barraco and Associates, Inc. 2271 McGregor Blvd., Suite 100 Fort Myers FL 33901 (239)461-3170 (239)633-6286 (239)461-3169 ChrisV@Barraco.net 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.C.2 Packet Pg. 2739 Attachment: Application (8995 : VAC-Isles of Collier Preserve)Vacation of a portion of drainage easement to be replaced with additional easement area in a new proposed location None Assigned ISLES OF COLLIER PRESERVE PHASE 2 TRACT F-2 24 50 25 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.C.2 Packet Pg. 2740 Attachment: Application (8995 : VAC-Isles of Collier Preserve)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 17.C.2 Packet Pg. 2741 Attachment: Application (8995 : VAC-Isles of Collier Preserve) From: PattersonAmy Sent: Wednesday, May 1, 2019 9:28 AM To: Michael Elgin; McLeanMatthew; FrenchJames; KurtzGerald; OrthRichard; RosenblumBrett; BermanMarcus Cc: Julie Danielewski; 'Chris Van Buskirk' Subject: RE: ICP Easement Grant. Good morning All: This email will serve as a Letter of No Objection for the proposed Isles of Collier Preserve Easement Vacation (PL 20190000440). Due to the commitments by the applicant/developer to provide additional easements to improve and define access to the existing drainage easements and that an adequate maintenance travelway will remain, including necessary setbacks from the travelway for any structures, the Stormwater Management Section does no object to the proposed vacation. In addition, Stormwater staff will work with the developer to clarify maintenance responsibilities for the Lely Main Canal and structures, as generally outlined in the original Developer Contribution Agreement (DCA) and its companion Agreement for the subject property (formerly Sabal Bay). Should you need any additional information, please let me know. Thank you, Amy Amy Patterson Director, Capital Project Planning, Impact Fees and Program Management 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 239-252-5721 From: Michael Elgin <MElgin@mintousa.com> Sent: Thursday, April 25, 2019 1:53 PM To: PattersonAmy <Amy.Patterson@colliercountyfl.gov>; McLeanMatthew <Matthew.McLean@colliercountyfl.gov> Cc: Julie Danielewski <JulieD@barraco.net>; 'Chris Van Buskirk' <ChrisV@barraco.net> Subject: ICP Easement Grant. Amy / Matt, Thanks for your time earlier this week. For your review. Attached is the revised proposed Grant areas that will improve access and continuity to access for the existing easement. Let me know if you have any questions or are in agreement so that I can prepare the sketch and legal. 17.C.3 Packet Pg. 2742 Attachment: LONO Email from Amy Patterson (8995 : VAC-Isles of Collier Preserve) Barraco is prepared for the Easement Vacation Application resubmittal. A draft comment letter is attached for your review. Upon receipt of the letter of no objection, the Easement Vacation resubmittal can be made. Let me know if you have any additional questions. Michael Elgin Director of Community Development MINTO COMMUNITIES - USA 4280 Tamiami Trail E, Ste 203/204, Naples, FL, 34112 T 239.896.1402 | C 239.351.6951 A division of The Minto Group Follow us on size=2 width="100%" align=center> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17.C.3 Packet Pg. 2743 Attachment: LONO Email from Amy Patterson (8995 : VAC-Isles of Collier Preserve) 17.C.4 Packet Pg. 2744 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve) 17.C.4 Packet Pg. 2745 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve) 17.C.4 Packet Pg. 2746 Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve) 17.C.4Packet Pg. 2747Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve) YIDITV!IlRlH I ESTAlES e LOCATION MAP VAC-PL20190000440 Prepared by: Marcus L. Bennan P.S.M. CounD-Land Surveyor Florida Surveyor & Mapper LS 5086 Growth Management Department Development Review Division 2800 North Horseshoe Drive, Naples Florida 34104 H:\Pianning and Regulation\Engineering Department\Engineeting Folders\ACAD SURVEY DRAWINGS\Isles of Collier Preserve\Location-Site Map X.dwg, Model, S/15/2019 12:30:49 PM ~ \\~ ISlES OF COlliER PRESERVE PHASE 2 PlAT BOOK 56, PAGE BO TRACT " TRACT P SITE MAP 17.C.4Packet Pg. 2748Attachment: Resolution - 052319(2) (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2749 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2750 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2751 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2752 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2753 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2754 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2755 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2756 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2757 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2758 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2759 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2760 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2761 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2762 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2763 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2764 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2765 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2766 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2767 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2768 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2769 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2770 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) 17.C.5 Packet Pg. 2771 Attachment: OR 4385 pg 3675 Drainage Easement (8995 : VAC-Isles of Collier Preserve) May 21, 2019 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Re: Isles of Collier Preserve - Easement Vacation (PL20190000440) Dear Commissioners: In conjunction with the referenced easement vacation, the applicant will provide additional drainage easements to Collier County over the expanded areas of the Lely Canal. These expanded easement areas, will provide Collier County with add itional easement area over the drainage conveyance and provide for improved access to the existing drainage easement. In addition to the expanded easement areas, the applicant will also provide Collier County additional access easements over and across previously platted common area tracts to connect existing platted Right of Way tracts to the Lely Canal Drainage easement. This will provide for improved and defined access for Collier County to the Lely Canal Drainage Easement. The expansion of Collier County’s rights creates a public benefit as a result of this easement vacation and subsequent expansion of the easement areas and access rights to Collier County. Should you have any questions or concerns in this regard, please advise. Thank you. Sincerely, Minto Sabal Bay, LLC Brian Cale, P.E. Vice President of Land Development 17.C.6 Packet Pg. 2772 Attachment: ICP Easement Grant Ltr (8995 : VAC-Isles of Collier Preserve) 17.C.7 Packet Pg. 2773 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve) 17.C.7 Packet Pg. 2774 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve) 17.C.7 Packet Pg. 2775 Attachment: Property Ownership Disclosure Form (8995 : VAC-Isles of Collier Preserve) 17.C.8 Packet Pg. 2776 Attachment: Location-Site Map (8995 : VAC-Isles of Collier Preserve) 17.C.9 Packet Pg. 2777 Attachment: Legal Ad - Agenda ID 8995 - 1 of 2 (8995 : VAC-Isles of Collier Preserve) 17.C.10 Packet Pg. 2778 Attachment: Legal Ad - Agenda ID 8995 - 2 of 2 (8995 : VAC-Isles of Collier Preserve)