Agenda 09/23/2008 Item #16A 3Item # 16A3
September 23, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve Petition AVESMT- 2006 -AR- 10571, Big Cypress Flea Market,
to disclaim, renounce and vacate the County's and the Public's interest in a that portion
of a roadway easement as described by the submitted Exhibit which was originally
created in Official Record Book 244, Page 683 of the Public Records of Collier County,
Florida, situated in Section 17 & 18, Township 51 South, Range 27 East, Collier County,
Florida, the vacated portion being more specifically depicted and described in Exhibit
"A"
OBJECTIVE:
To adopt a resolution vacating that portion of a roadway easement as described by the
submitted Exhibit which was originally created in Official Record Book 244, Page 683 of the
Public Records of Collier County, Florida, situated in Section 17 & 18, Township 51 South,
Range 27 East, Collier County, Florida, the vacated portion being more specifically depicted and
described in Exhibit "A ";
CONSIDERATIONS:
Petition AVESMT- 2006 -AR- 10571, Big Cypress Flea Market, has been received from Mr. Clay
C. Brooker of Cheffy Passidomo Wilson & Johnson, LLP as agent for Jeff and Keith Basik,
Vanguard Funding, LLC, and Big Cypress Land Trust, Petitioners. This vacation request is
intended to remove a right -of -way easement along the east boundary line of the Petitioners
property within section 18, and that portion along the west boundary line of that portion of the
Petitioners property within section 17. All adjoining property owners have been notified by
certified mail of the proposed vacation and no letter or response of objection has been
presented. In the cases of adjoining property not accepting the no objection letters, the applicant
has produced proof of delivery or the attempt of delivery. All staff concerns have been
addressed, thereby we recommend approval.
FISCAL IMPACT:
Engineering and Environmental Services staff has collected a $1,000 "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.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no known historical or archaeological impacts.
Item # 16A3
September 23, 2008
Page 2 of 9
LEGAL CONSIDERATIONS:
This item has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW
RECOMMENDATIONS:
Adopt a resolution vacating that portion of a roadway easement as described by the submitted
Exhibit which was originally created in Official Record Book 244, Page 683 of the Public
Records of Collier County, Florida, situated in Section 17 & 18, Township 51 South, Range 27
East, Collier County, Florida, the vacated portion being more specifically depicted and described
in Exhibit "A ".
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.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering and Environmental Services Department
Item # 16A3
September 23, 2008
Page 3 of 9
This item requires that ex parts 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 AVESMT- 2006 -AR- 10571, Big Cypress Flea Market, to disclaim, renounce and vacate the
County & #8217;s and the Public & #8217;s interest in that portion of a roadway easement as
described by the submitted Exhibit which was originally created in Official Record Book 244, Page
683 of the Public Records of Collier County, Florida, situated in Section 17 & 18, Township 51
South, Range 27 East, Collier County, Florida, the vacated portion being more specifically depicted
and described in Exhibit & #8220;A& #8221;;
Prepared By:
Department
Date
CDES Engineering
8/27/2008 2:22:02 PM
Approved By:
Department
Approval
Date
ODES
Engineering
Approved
9/9/2008 2:40 PM
Approved By:
Department
Approval
Date
Transportation
Planning
Approved
9/10/2008 8:33 AM
Approved By:
Department
Approval
Date
Transportation
Approved
9/11/20082:11 PM
Approved By:
Department
Approval
Date
County Attorney
Approved
9/11/2008 3:20 PM
Approved By:
Department
Approval
Date
CDES
Approved
9/11/20083:54 PM
Approved By:
Department Approval Date
Office of
Management Approved 9/12/2008 12:45 PM
and Budget
Approved By:
Department Approval Date
County Approved 9/13/2008 11:20 AM
Manager's Office
ATTACHMENTS:
Name:
❑ EXECUTIVESUMMARY-
AR- 10571.doc
D VAC06- AR- 10571_pdf
❑ EXHIBITf1l.odf
❑ EXHIBIT121 odf
❑ S- CANNED
RESOLUTION odf
Description:
Executive Summary
Location Map
Exhibit Page 1
Exhibit Page 2
RESOLUTION
Item # 16A3
September 23, 2008
Page 4 of 9
Type:
Executive Summary
Location Map
Exhibit
Exhibit
Resolution Letter
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Item # 16A3
September 23, 2008
AVESUT- 2006 -AR -10571 REV: 1Page 7 of 9
Project: 19890758
Date: 1013106 DUE: 10/19/06
PROPERTY DESCRIPTION
A PARCEL OF LAND LYING WMJIN SECTIONS 17 AND 18, TOWNSHIP 51 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA AND BEING A PORTION OF A 60.00 FOOT WIDE
ROADWAY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 244, PAGES 283 AND
284, SAID COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH,
RANGE 27 EAST COLLIER COUNTY, FLORIDA; THENCE S. 00°32'17" W., ALONG THE EAST
LINE OF SAID SECTION 18, A DISTANCE OF 681.42 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00032 -17" WEST,
ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 2,718.78 FEET; THENCE SOUTH
89°0811" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00 °32'17" WEST, A DISTANCE
OF 556'V7 *FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 041
(TAMLOG TRAIL, A 100.00 FOOT RIGHT -OF -WAY); THENCE RUN THE FOLLOWING TWO
(2) CO(JRSES ALONG SAID NORTHERLY RIGHT -OF -WAY LINE; COURSE NO. 1: NORTH
54°20'42" WEST, 36.68 FEET; COUIRSE NO. 2: NORTH 54°19'26" WEST, 36.69 FEET; THENCE
NORTH 00 032'17" EAST, A DISTANCE OF 3,233.53 FEET; THENCE SOUTH 88 °16'01" EAST, A
DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 113,710 SQUARE FEET OR 2.610 ACRES, MORE OR LESS.
E
Item # 16A3
September 23, 2008'
Page 8 of 9
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT- 2006 -AR- 10571, BIG
CYPRESS FLEA MARKET, DISCLAIMING, RENOUNCING
AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THAT PORTION OF A RIGHT OF WAY
EASEMENT, ORIGINALLY CREATED IN OFFICIAL RECORD
BOOK 244, PAGE 683 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 17 &
18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY FLORIDA, THAT PORTION TO BE VACATED BEING
MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT A
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioners, Jeff and Keith Basik; Vanguard Funding, LLC; and Big Cypress Land
Trust, have requested the vacation of the County's interest in a portion of a right of
way easement, originally created in Official Record Book 244, Page 683 of the
Public Records Collier County, Florida, situated in Section 17 & 18, Township 51
South, Range 27 East, that portion being more specifically depicted and described
in Exhibit'A'; 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 the Petitioners' request will not adversely affect
the ownership or right of convenient access of the 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 right of way easement as specifically depicted and described in Exhibit 'A' 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; to publish notice of adoption of this Resolution
within thirty (30) days of adoption; and to record such proofs of publication as
required by Section 336. 10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this day of 2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and legal
sufficiency:
By: 1
Je E. Wright
Ass ant Collier County Attorney
Item # 16A3
September 23, 2008
Page 9 of 9
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN