Agenda 01/29/2008 Item # 8A
Agenda Item No. SA
January 29, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to deny approval of Petition AVPLAT-2006-AR-10970, Lot 400, Indigo
Preserve, to vacate the County's and the Public's interest in a portion of a platted
drainage easement running through the westerly (rear) portion of Lot 400, Indigo
Preserve, a subdivision located in Section 27, Township 48 South, Range 26 East, as
recorded in Plat Book 40, Pages 54.57 of the Public Records of Collier County, Florida,
and being more particularly described in Exhibit "A"
OBJECTIVE:
Petitioner has requested that the Board of County Commissioners (Board) adopt a resolution
vacating a portion of a platted County drainage easement running through the westerly (rear)
portion of Lot 400, Indigo Preserve, a subdivision located in Section 27, Township 48 South,
Range 26 East, as recorded in Plat Book 40, Pages 54-57 of the Public Records of Collier
County, Florida, and being more particularly described in Exhibit "A".
CON SID ERA TIONS:
Petition AVPLAT-2006-AR-10970, Lot 400, Indigo Preserve, has been received by the
Engineering and Environmental Services Department from James F. Morey of Conroy, Conroy
& Durant, PA as agent for Gustavo Sanchez, Owner/Petitioner.
~
Objections from County staff include, Robert Wiley, representing Subdivision Review, and John
Podczerwinksky, representing Transportation. Objections indicate concerns that the resulting
width of the drainage easement would be less than the minimum 15' width required by the
Collier County Land Development Code (LDC) and would make repairs difficult. There is also
concern that the proposed addition foundation might be compromised if excavation of the pipe is
required. Staff objections are based on the lack of public necessity or benefit for the individual
property owner to construct a pool for private use, along with the potential to increase the level
of difficulty required to perform maintenance or repair to the development's storm drainage
system (a potential public detriment).
Petitioner and his agent would like to make an affirmative presentation to the Board based on
the limited intrusion into the existing easement.
Letters of no objection have been received from surrounding property owners as well as a letter
from the Golden Gate Fire Control & Rescue District. Petitioner has also produced a letter of no
objection from Indigo Lakes Master Association, Inc., dated June 7,2007.
FISCAL IMPACT:
Engineering and Environmental Services Department has collected a $1,000 Petition to Vacate
fee from Petitioner which covers the County's cost of recording and processing the Petition.
-
Agenda Item No. 8A
January 29,2008
Page 2 of 15
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
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 this Executive Summary and related documents for
legal sufficiency.
RECOMMENDATION:
That the Board of County Commissioners deny Petition AVPlAT-2006-AR-10970, lot 400,
Indigo Preserve, to vacate the County's and the Public's interest in a portion of a platted
drainage easement running through the westerly (rear) portion of Lot 400, Indigo Preserve, a
subdivision located in Section 27, Township 48 South, Range 26 East, as recorded in Plat Book
40, Pages 54-57 of the Public Records of Collier County, Florida, and being more particularly
described in Exhibit "A".
Although staff recommends denial of the Petition, a draft resolution for approval has been
provided as part of the Board's agenda materials, in the event the Board approves the Petition.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering and Environmental Services Department
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda Item No. SA
January 29, 2008
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
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
deny approval of Petition AVPLAT-2006-AR-10970, Lot 400, Indigo Preserve, to vacate the
Countys and the Publics interest in a portion of a platted drainage easement running through
the westerly (rear) portion of Lot 400, Indigo Preserve, a subdivision located in Section 27.
Township 48 South, Range 26 East, as recorded in Plat Book 40, Pages 54-57 of the Public
Records of Collier County, Florida, and being more particularly described in Exhibit A
1/29/20089:00:00 AM
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
Date
CDES Engineering Services
12/27/20079:49:04 AM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
12/27/20072:51 PM
Approved By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Date
Engineering Services
1/2/200811 :23 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
1/2/200811:25 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
1/2/200811 :43 AM
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
1/3/20089:03 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/9/200810:55 AM
Approved By
file://C:\Agenda Test\Export\99-January%2029, %202008\08. %20ADVER TISED%20PUBL... 1/23/2008
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Page 20f2
Agenda Item ND. 8A
January 29, 2008
Page 4 Df 15
Approved By
OMS Coordinator
County Manager's Office
Community Development &
Environmental Services Admin.
1/14/20087:52 AM
Approved By
Mark Isackson
County Manager's Office
OMS Coordinator
Date
Approved By
James V. Mudd
Board of County
Commissioners
Office of Management & Budget
1/15/2008 9:24 AM
Budget Analyst
Date
file:/ /C:\Agenda Test\ExPDrt\99-J anuary%2029, %202008\08. %20AD VER Tl SED%20PUBL... 1/23/2008
Office of Management & Budget
1/16/20089:35 AM
County Manager
Date
County Manager's Office
1/20/20082:07 PM
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)~A~E 30' WILLIAM 'McALEAR ILAND SURvEYING INC.' Jan~ary 29. ~o~~
P.O. Box 9732 ~aple', FL 34101-9732 Page 6 of 15
Telephone, (941) 597-7428 .;<003/IIQ14
Fax: (941) 597-2803
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LEGAL DESCRIPTION
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Project: 2008120018
Dalo: 12/12/06 DUE: 1/4107
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January 22,2007
Agenda Item No. 8A
January 29, 2008
Page 7 of 15
~ONROY, CONROY AND DURANT, PA
2210 VANDERBILT BEACH RD
FAX - (239)649-8140
RE: AVPLAT-AR-I0970- 14902 TYBEE ISLAND DR
The following comments are provided to you regarding the above referenced project. If you have questions,
please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status
until all negative comments are satisfied.
The followinl! neeative comments were received and need to be addressed as noted:
DEV REV ENGR SURVEYOR
Standard Checklist Item:
List of abutting property owners
Reviewer Remarks to Checklist Item:
Please revise and update the list of property owners within 250 feet, several parcels have changed ownership.
DEV REV ENGR SURVEYOR
Standard Checklist Item:
Homeowners Association's Letters of No Objection
Reviewer Remarks to Checklist Item:
The applicant must submit a letter of no objection from the Homeowners Association.
JEV REV ENGR SURVEYOR
Standard Checklist Item:
Rescue and Fire Control District's Letters of No Objection
Reviewer Remarks to Checklist Item:
The applicant must submit a letter from the Rescue and Fire Control District.
DEV REV ENGR SURVEYOR
Standard Checklist Item:
Property Owner(s) Letters of No Objection
Reviewer Remarks to Checklist Item:
Only a letter from the abutting property owner to the south has been submitted. Please submit letters of no
objection from all property abutting property owners, In this case there are three others, they are: 14906 Tybee
Island Dr, 14734 Indigo Lakes Circle and 14738 Indigo lakes Circle.
DEV REV ENGR SURVEYOR
Standard Checklist Item:
Letter authorizing representative
Reviewer Remarks to Checklist Item:
It appears the actual agent for the property owner is John F. Morey of law firm of Conroy, Conroy & Durant. If
this is the case, the applicant must sign and submit an authorization letter identifying John F. Morey as his agent
for the vacation application.
mv REV ENGR SOOD
Standard Checklist Item:
Enter additional comments
,
Reviewer Remarks to Checklist Item:
I. Pool plan detail Section 'B' shows compacted fill and vapor barrier on pool side of wall.
Agenda item No. 8A
January 29, 2008
?age 8 of 15
2. Applicant is requesting a vacation of 4.64 feet of the existing drainage easement. However, the pool plans
also include an additional 0.67' encroachment for the foundation of the pool and deck area underground retaining
wall. The vacation request should be for 5.50' to ensure the improvements can be constructed as proposed
without encroaching into the remaining easement.
3. In meeting with County staff, the applicant was advised to consider designing the pool and deck foundations
so that they could be fully self-supporting if the existing 18" storm drain ever needed to be excavated for
maintenance or repair. It appears that an engineer has been hired to design such a retaining wall incorporated into
the pool wall and deck foundation. However, there are no notations anywhere stating that the foundations have
been designed in anticipation of these loading conditions. Please clearly state on the plans the loading condition
anticipated in the design and ensure that the pool wall and deck foundation can safely support the filled pool and
deck if the soil on the outside of the wall is removed up to a foot below the bottom of the existing 18" storm drain
pipe. Staff continues to have concerns that the pool will crack from a combination of construction induced
loadings and vibrations if the drainage pipe is ever excavated,
4. The application says the pool design utilizes a 12" concrete blockpool wall, reinforced with rebar and cells
filled with concrete. A review of the plans indicates the pool wall portion will be poured in place 9" thick
reinforced concrete and the deck foundation wall will utilize the 12" concrete block reinforced with rebar and
cells filled with concrete. Please verify the intention, and show the extent of the construction on the plan view.
5. Please be advised that Engineering staff will continue to recommend denial if the applicant chooses to proceed
with the vacation request to the Board of County Commissioners. The denial is based upon the lack of a public
necessity or benefit for the individual property owner to construct a pool for private use within a platted drainage
easement. Additionally, the construction has the potential to increase the level of difficulty required to perform
maintenance or repair to the development's storm drainage system. The staff suggestions to consider designing
the pool and deck foundation systems as a retaining wall able to fully support the pool and deck if the pipe is
excaved are intended to provide a workable alternative should the Board of County Commissioners vote to
recommend the easement partial vacation.
DEV REV TRANSPORT AnON
Standard Checklist Item:
Additional Comments
Reviewer Remarks to Checklist Item:
12/29/06
The proposed vacation of this drainage easement leaves insufficient room to maintain the existing 18" RCP after
installation of the pool, which is stated to be designed within 4.72' of the pipe.
Tlte fnl/owitl!! comments Jvere receive,}. are it. fOr111tlli01W} ana/or mot' include sImulations:
DEV REV ENGR SURVEYOR
Assessment Map
The map submitted is not sufficient for application purposes. An official County assessment map showing alllols
and parcels with tax parcel numbers.
This map can be obtained at the Collier County Assessment, 3285 Tamiami Trail East, Naples.
DEV REV ENGR SURVEYOR
Legal description and sketch
.Jne sketch of description indicates by note, the drawing has been revised. Please add the date of revision to
'.stinguish this drawing from anyone previous.
Agenda Item No. SA
January 29, 2008
Page 9 of 15
A signed copy of the sketch and description with the original raised seal of the licensed Florida Surveyor and
Mapper must be submitted.
DEV REV ENGR SURVEYOR
Collier County Engineering Services Letters of No Objection
This County agency is a part of the review process imd will comment on.the application.
DEV REV ENGR SURVEYOR
County Transportation Department Letters of No Objection
This County agency is a part of the review process and will comment on the application.
DEV REV ENGR SUBD
Enter additional stipulations here:
1. If the easement vacation is approved by the Board of County Commissioners, the applicant agrees (and will
forever bind future owners of the property) to be responsible, at owner's expense, to temporarily remove any pool
cage/cover that would be in the way of safely operating excavating equipment used in maintenance or repair work
on the existing storm drain pipe in the drainage easement, if so requested. The owner acknowledges that future
maintenance or repair work may need the original fifteen foot drainage easement width to swing equipment
booms, counterweights, pipes, etc. and that such operations may at times encroach into the air space of that
portion of the drainage easement being vacated. (Note: This stipulation is to be recorded in the Official Records
- f Collier County within sixty days of approval of the partial drainage easement vacation by the Board of County
"':ommissioners.)
DEV REV PUBLIC UTIL H20
Enter all comments received from this department in remarks section
The Collier County Water Sewer District has no facilities in the area and we, therefore, have no objection to the
vacation.
When addressing review comments, please provide a cover letter outlining your response to each negative
comment. Include a response to completed reviews with stipulations.
Definition of Review Status
PENDING Review is not yet complete
REJECT Negative comments were received and need to be addressed
Nt A No review by this department is necessary
COMPLETE Review has been completed. however stipnlations may have been added that the applicant may
wish to address.
Agenda Item No. SA
January 29, 2008
Page 10 of 15
September 18, 2007
CONROY, CONROY AND DURANT, PA
2210 V ANDERBIL T BEACH RD
FAX - (239)649-8140
RE: A VPLAT - AR-I0970 - 14902 TYBEE ISLAND DR
The following comments are provided to you regarding the above referenced project. If you have questions,
please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status
until all negative comments are satisfied.
The followinr neeative comments were received and need to be addressed as noted:
DEV REV ENGR SURVEYOR - STEPHEN IDGGINS
Standard Checklist Item:
Enter additional stipulations here:
Reviewer Remarks to Checklist Item:
Approval from Robert Wiley of Engineering Services and John Podczerwinsky of the County Transportation
department are needed to proceed.
9/17/2007
This application has been rejected by the Collier County Transportation Department and Robert Wiley has
deemerl the application complete but has also recommended denial.
The applicant should make a formal request for a hearing before the Board of Collier County Commissioners if
they plan to proceed for an approval.
DEV REV TRANSPORTATION - JOHN P.
Standard Checklist Item:
Additional Comments
Reviewer Remarks to Checklist Item:
9/13/07 Review Comments:
Transportation staff has re-reviewed the submittal (including the revised narrative) and is in agreement with
response no. 5 stated by Engineering Subdivisions reviewer Robert Wiley during the previous review.
Transportation staff will also be recommending denial if the applicant chooses to proceed with the vacation
request to the Board of County Commissioners.
The following statement is echoed by Transportation staff:
"The denial is based upon the lack of a public necessity or benefit for the individual property owner to construct a
pool for private use within a platted drainage easement. Additionally, the construction has the potential to
increase the level of difficulty required to perform maintenance or repair to the development's storm drainage
system. "
12/29/06
The proposed vacation of this drainage easement leaves insufficient room to maintain the existing 18" RCP after
installation of the pool, which is stated to be designed within 4.72' of the pipe.
Agenda Item No. SA
The fo/lowint! comments were received. are i~ formational and/or mav include simulations: Jan~~~e 21~' ~~~~
,_ DEV REV ENGR SURVEYOR
:ollier County Engineering Services Letters of No Objection
This County agency is a part of the review process and will comment on the application.
DEV REV ENGR SURVEYOR
County Transportation Department Letters of No Objection
This County agency is a part of the review process and will comment on the application.
DEV REV ENGR SUBD
Enter additional stipulations here:
1. If the easement vacation is approved by the Board of County Commissioners, the applicant agrees (and will
forever bind future owners of the property) to be responsible, at owner's expense, to temporarily remove any pool
cage/cover that would be in the way of safely operating excavating equipment used in maintenance or repair work
on the existing stann drain pipe in the drainage easement, if so requested. The owner acknowledges that future
maintenance or repair work may need the original fifteen foot drainage easement width to swing equipment
booms, counterweights, pipes, etc. and that such operations may at times encroach into the air space of that
portion of the drainage easement being vacated. (Note: This stipulation is to be recorded in the Official Records
of Collier County within sixty days of approval of the partial drainage easement vacation by the Board of County
Commissioners.)
DEV REV PUBLIC UTIL H2O
Enter all comments received from this department in remarks section
The Collier County Water Sewer District has no facilities in the area and we, therefore, have no objection to the
vacation.
When addressing review comments, please provide a cover letter outlining your response to each negative
comment. Include a response to completed reviews with stipulations.
Definition of Review Status
PENDING Review is not yet complete
REJECT Negative comments were received and need to be addressed
N/A No review by this department is necessary
COMPLETEReview has been completed, however stipnlations may have been added that the applicant may
wish to address.
If you have any questions, please contact me at (239) 403-2400.
JOHN HOULDSWORTH
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BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
Agenda Item No. 8A.._.
January 29, 2008
AVPLAT-2006-AR-10110e 1 :REVi32
14902 TYBEE ISLAND DR
Project: 2006120016
Date: 8/28107 DUE: 9/13107
LEGAL DESCRIPTION
A PORTION OF DRAINAGE AND IRRIGATION EASEMENT
TO BE V ACA TED
A PORTION OF LOT 400, INDIGO PRESERVE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 40 AT PAGES 54 THROUGH 57 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 400; THENCE RUN
N.87046'21 "E., ALONG THE SOUTH LINE OF SAID LOT 400, A DISTANCE OF
16.28 FEET; THENCE RUN N.02013'39"W., A DISTANCE OF 7.50 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE N.02013'39"W., A DISTANCE OF 60.50 FEET; THENCE
RUN N.87046'21"E., A DISTANCE OF 5.31 FEET; THENCE RUN S.02013'39"E., A
DISTANCE OF 60.50 FEET; THENCE RUN S.87046'21 "W., A DISTANCE OF 5.31
FEET TO THE POINT OF BEGINNING.
BEARINGS SHOWN HEREON REFER TO INDIGO PRESERVE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
-~1. -~ 07/30/07
STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296)
BBLS SURVEYORS AND MAPJ;!ERS INC., (L.B. #6753)
PROOFED BY "m
REVISED 07/30/07
(SEEATIACHED SKETCH -SHEET 2 OF 2)
SHEET 1 OF 2
Z:\PROJECTS\2002\0235 INDIGO LAKESlsurvey\TO BE VACATED - REY.rtf
AVPLAT-2006-AR-10970 REV: 2
14902 TYBEE ISLAND DR
Project: 2006120016
Date: 8/28107 DUE: 9113107
Agenda Item No. 8A
January 29, 2008
14 of 1
LEGEND I .
;~~:~: ;gjZ; g; ;~~;~~~~E:NT 1 \ N8R;~),r.;-1
CLBE. COMMUNITY LANDSCAPC '. I, I I
BUFFER U4SEMf:NT
DE. DRAINAGE: t:ASEMENT
IE. IRRIGA TION CASCMCNT I' i I \
LBE. ~~~~~~r:rc BUFFeR ,\ \ I \
I 1 I ill \ _\
I 1 , ' 15' DC. I
1-f,fC I
I I' I I I
~'I 10" II ,I
II LBE. -'I I
10' D; ~ I :11 '\ il~1 II
,- & lEI I ,
LOT 52 I: 10' I ll~ I 8 I
I 1- CLBE1 --I ''" I I ""EJ
II \ II~I ~l ~~ I
INDIGO LAKES. UN!T SIX, I\I . liS L ::-; ~:> I~
PLAT BOOK 39, I 1 ' ,,0 I . '""'
PAGEi 73 ~ 76, I ~ I, 'I~,_-: \1 ~I ~.~ ,~
COLLIER COUNT~. FLORIDA "1' -.J - -".-:::.......
__I I '5' II~: ~I ~ I~ LOT400
,~ ~I ~ I~
I I,~,.:,I ~I t
I - I I
LilT 53 I ! I 'e. I I I
I ! I- 66' ~I. I~ ,
I I -1 'II'
I 1_ 66' \ ' /1 I I-- 1130'
~ If fl': --\ ' : I,ll P'O~'BI \
I, :P.o.c. I, " s~~~2n'
SqUTHwtST 'I' ~ I ;
CORNCR or LOT 400, I I '. , . ,
" I. n: ,j"
INDIGO, PRnfRVC" I I' I ',,~
! PLA T BOOK 40, ~'I "i. '2 I
I PAGtS 54'-57, N97"c9'2~, I, -'=-",
COLLIER COUNTY, rLORIDA- -c'::-; ',-'--
I I' k3 "
. I i 115' DE.
I ',-----;-1' I & IE
i " I
,
NOTES:
N
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SCALD l' = 10'
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THIS IS NOT A SURVEY
" SKETCH TO ACCOMPANY LEGAL DESCRIPTION
,
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J.) BCARINGS SHOklN HEREON REFER TO INDIGO PRESERVE, ACCORDING
, TO THE PLA r THEREOF RF:CORIJEIJ IN PLA T BOOK 40, PAGES f
I 54 THROUGH 57, OF THE: PUBLIC RECORDS OF COLLIER COUNTY, FLORllJA. ~
2.) THiS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA TIONS OR ~
! RESTRICTIONS OF RECORD. ~
13,) DIMCNSIDNS SHOwN HEREDN ARE IN FEET AND DE:CIMALS THEREOF: ~
, 'i j
~~~g 0~g~r~ ~~~~~~~~ ~.~r,.~~~ - 07/30/07 SHEET 2 OF 2 '"
LilT 401
REV1SED:
I-~:: v' 5:::1'
c
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~
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: ~.;: il
BBLS SURVEYORS & MAPPERS INC.
~
A PORTION OF DRAINAGE & IRRIGA TlON EASEMENT TO BE VACATED
A PORTION OF LOT 400, INDIGO PRESIERVIE
PLA T BOOK 40, PAGES 54 THROUGH 57,
COLLIER COUNTY, FLORIDA
1502.A RAIL HEAD BL VD,
NAPLES, FLORIDA 34110 (239}597-1315
~--
----
Agenda Item No. 8A
January 29, 2008
Page 15 of 15
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT-2006-AR-
10970, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF A PLATTED DRAINAGE
EASEMENT RUNNING THROUGH THE WESTERLY (REAR) PORTION OF
LOT 400, INDIGO PRESERVE, A SUBDIVISION LOCATED IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK
40, PAGES 54-57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "An.
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner,
Gustavo Sanchez, by and through his agent, James F. Morey of Conroy, Conroy
& Durant, PA, has requested the vacation of a portion of a platted County
drainage easement running through the westerly (rear) portion of lot 400, Indigo
Preserve, a subdivision located in Section 27, Township 48 South, Range 26
Eas~ as recorded in Plat Book 40, Pages 54-57 of the Public Records of Collier
County, Florida, and being more particuiarly described in Exhibit "A".
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 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 portion of the piatted County drainage easement specifically 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, 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 , 2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, CHAIRMAN
Approved as to form and iegal
sufficiency;
By:
Jeff E. Wright
Assistant Collier County Attorney
0/