Loading...
Resolution 1990-116 February 27, 1990 It_ nc2 KlSOLUTIOW 90-118, PETITION AV-89-028, REAPOLITAR ERTERPRISES CO. ARD CAIlIIlB1lA1r GARDes CO., RI!: VACATION 01' A PORTION 01' THJ: PLAT 01' ROCIt C1lER TDRACIl - ADOPTED SUBJECT TO STIPULATIONS AS AMERCED Legal notice having been published in the Naples Daily News on February 11 and 18, 1990, as evidenced by Affidavit of Publication tiled with the Clerk, public hearing was opened to consider Petition AV-S9-25, filed by Wilson, Miller, Barton, SolI << Peek, Inc., Joe Boggs representing Neapolitan Enterprises/Caribbean Gardens Co., requesting vacation ot certain lots lines within Rock Creek Terrace so that petitioner can better utilize the property. Transportation Services Administrator Archibald informed that the ~. lfl ~' : :Jl. t ~ ~4r< " purpose of this public hearing Is to consider the vacation of a por- tlon ot the plat of Rock Creek Terrace, which Is located along Airport Road, immediately north of Estey Avenue, and SOuth of North Road. He advised that the plat was recorded in 1926, and involved a number of streets and small lots, approximately 50' in width, He stated that the petitioner is proposing to vacate all of the property lines and roadways so that he can better develop the property to include building roadways for the purpnses of current zoning. He indicated that the property has C-4 zoning along Airport Road, and RMF-6 zoning along Rock Creek. Mr. Archibald advised that the area that is being requested for vacation is as follows: House Avenue, Clarke Street, Burnham Boulevard south of Rock Creek, Steeves Avenue less right-ot-way abutting Lots 19 through 26 inclusive, Block C and the south 1/2 of Lot 6, Lots 7 through 14 inclusive, Block 0, Lots 1 through 6, inclu- sive, Block A; Lots 1 through 18, inclusive, Block B; Lots 1 through 18, inclusive, and Lot 22 and Lots 27 through 31, inClUSive, Block C; Lots 1 through 5, inclusive and the north 1/2 of Lot 6, Block 0, and Lots 1 through 6 Block E. Mr. Archibald said that there is some advantage in vacating the relatively small lot lines, and noted that the petitioner has also submitted a letter indicating that he is Willing to donate the right- February 27, 1990 of-way along Airport Road for the future expansion of that roadway. He informed that the appropriate Letters or No Objection have been received, and staff Is recommending that the appropriate resolution be adopted. Attornay John Passidomo, representing Neapolitan Enterprises Co. and Caribbean Gardens Co., stated that this petition does not relate to the portions of the plat which are presently developed. He noted that the lots are 50' wide and the development provides a means of access between Airport Road and Estey Avenue which creates a shortcut from two heavily congested arteries through a residential development. He advised that the petitioner will abide by the requirements as set forth In the Staff Report. He informed that a meeting was held with the residents of Steeves Avenue to acquaint them with the project, and conditions were agreed upon to ensure that Steeves Avenue will remain a d~ad end street, and any traffic generated from the subject site will not adversely affect or access Steeves Avenue. He provided a copy of additional stipUlations that the petitioner will adhere to. Attorney Lewis Erickson, of Sparkman, EriCkson, & Quinn, P.A., representing the residents of Steeves Avenue, related that the primary interest of the property owners is that Steeves Avenue remain a dead end street, and that the developers do not begin one commercial enterprise and come back and propose to have the residential area turned into a commercial area. He advised that the residents feel that it is in their best interest for the vacation to be approved since they hope to be good neighbors, but they do not want to waive any rights to object to any future development requests that the deve- lopers may make. He indicated that the residents wish to keep their street as it has been for the past 40 years, and based upon the stipu- lations that wern agreed upon, the restrictions will run with the land and everyone will be well aware that they are bound by this agreement. Attorney Erickson informed that another concern of the residents was that Lot 22 would be used by construction vehicles to travel 00108 Page 23 . Page 24 February 27, 1990 through the neighborhood, but they are in agreement with the requested laundera aoved, .econded by Co..ie.ioner Goodnight Coaai..ioner Saundera aovad, seconded by Co..issioner Goodnight and carried unaniaously, that Petition AV-S9-025 be approved, with the condition that this does not constitute an action that will vest the project in any way, and that Re.olution 90-116 be edopted subject to Itaff'. .tipulations, and the additional stipulatione a. provided by Attoruey.P...idoao. 01 g 6 I 7. G If ;'COLLlEn COUlITY ':~::~ ,~ 19~O lI:in 12 rli 12: 30 RECORDED III) I J I I OR BOOl~ III) 17 51l PAGE ~ 1 ~ :~t ~~ ,~I~ i.'.'.r~..: ~ . 1~ FEBRUARY 27, 1990 p.f.C~~o PRM- oot.:-- IIn-- mo- RESOLUTION NO. 90- 116 RESOLUTION TO VACATE, RENOUNCE AND DISCLAIM THE RIGHTS OF THE COUNTY AND PUBLIC TO CERTAIN ROAD RIGHTS-OF-WAY INTEREST IN A PORTION OF THE ROCK CREEK TERRACE PLAT AND TO VACATE CERTAIN LOTS WITHIN THE ROCK CREEK TERRACE PLAT AS RECORDED IN PLAT BOOK 1, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to sections 177.101, 336.09 and 336.10, Florida Statutes, the Transportation Services Division has received a petition tram Wilson, Miller, Barton, Soll & Peek, as agent for the property owners, Neapolitan Enterprises Co. and Caribbean Gardens co., requesting that the Board vacate, renounce and disclaim the rights of the County and the Public to House Avenue, Clarke street, Burnham Boulevard lying South of Rock Creek and steeves Avenue, less right-of-way abutting Lots 19 through 26, inclusive, Block C and South 1/2 at Lot 6, Lots 7 through 14, inclusive, Block D of Rock Creek Terrace plat as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida, and to vacate Lots 1 through 6, inclusive, Block A; Lots 1 through 18, inclusive, Block B; Lots 1 through 18, inclusive, and Lot 22 and Lots 27 through 33, inclusive, Block CI Lots 1 through 5, inclusive and the North :/2 of lot 6, Block D; and Lots 1 through 6, inclusive, Block E of Rock Creek Terrac~ as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida I and WHEREAS, the Petitioners own the fee simple title to the above-described lands; and WHEREAS, the Board has this day held a public hearing to consider such action to vacate, renounce and disclaim the certain road rights-ot-way as set forth above and to vacate certain lots as set forth above within Rock creek Terrace plat, and notice ot said pUblic hearing to vacate, renounce and disclaim the road rights-or-way interest and the vacation or those certain lots was given as required by law; and WHEREAS, the tract to be vacated is not within the corporate 1 J9 ~ai-If.1 00110 " .\' .,,,\::- - ~ 74,. ."-' <'l" .' I;, E~,- ~,. t.,,"~ ~.,. ~.,~~ "C.'.."" ~"'+~~ ,",', n lJ I 5 I I 0f1 0001<' II U I 755 PAGE FEBRUARY 27, 1990 limits at any incorporated city or town; and WHEREAS, the plat vacation will not affect the ownership or rights at convenient access of other property owners including persons owning other parts at the subdivision and not being vacated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in accordance with Sections 336.09 and 336.10, Florida statutes, the Board vacates, renounces and disclaims any rights of the County and the public in and to House Avenue, Clarke street, Burnham Boulevard lying South at Rock Creek and Steeves Avenue, less right-Of-way abutting Lots 19 through 26, inclusive, Block C and South 1/2 at Lot 6, Lots 7 through 14, inclusive, Block 0 of Rock Creek Terrace plat as recorded in Plat Book 1, Page 40 of the Public Records at Collier County, Florida. BE IT FURTHER RESOLVED, that in accordance with Section 177.101, Florida Statutes, the following described property is hereby vacated: Lots 1 through 6, inclusive, Block A; Lots 1 through 18, inclusive, Block B; Lots 1 through 18, inclusive, and Lot 22 and Lots 27 through :3, inclusive, Block C; Lots 1 through 5, inclusive and the North 1/2 of Lot 6, Block 0: and Lots 1 through 6, inclusive, Block E; and Ter~ace Island, all being located in Rock Creek Terrace, a subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 40 of the Public Records of Collier County, Florida. BE IT FURTHER RESOLVED, that this vacation of the above described property is approved subject to the following stipulations that: 1) The real estate which comprises Lot 22, Block C, ("Lot 22C") of Rock Creek Terrace, a subdivision, according to the plat thereof recorded in Plat Book 1, at page 40, at the Public Records of Collier County, Florida, ("Rock Creek Terrace") shall be used only tor residential pUrposes, and it a structure is developed on Lot 22 C it shall be a one unit residential structure. 2. In order to preserve steeves Avenue as a dead end 2 ---I9 a-cy-. do ~ - /1. a 0011J "- .~,. - . ~> i i ~:., . ~~. !,;F \ ,\ Il n I 5 I I Q[1 BOOI~ 001756 PAGE FEBRUARY 27, 1990 atreet, Neapolitan Enterprises Co., its sUccessors or aaaiqns, will conatruct a County approved turnaround at the termination of the improved atreet at or near tha exiatinq northern terminus of steeves Avenue qenarally located betwean Lot 27, Block C, and Lot 6, Block D, Rock Creek Terrace, at or prior to the commencement of development of a multi-family residential project on the property located adjacent to and weat of the commercially zoned property alonq Airport Road and Estey avenue (the "Multi-Family Project") and at or prior to commencement ot development ot the commercially zoned. property. 3. Lot 22 C shall never be used to access any portion of the property. 4. A atreet described as Clarke street on the plat of Rock Creek Terrace will be vacated and, therefore, unavailable as a short cut for vehicular access from Airport Road to Estey avenue through steeves Avenue. 5. The real estate located on the mUlti-family project will not be rezoned to commercial or industrial, or any other non-residential uses. 6. These stipu:ations shall run with the land. 7. This vacation approval is not a development order that will entitle the owner of the property to an exemption under the proposed zoninq reevaluation ordinance. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to publish, one time, notice of the adoption of this Resolution within 30 days of the date of this Resolution, in a newspaper of qeneral circulation published in the county. BE IT FURTHER RESOLVED, that the proof of publication of notice of the public hearinq, the proof of pUblication of the notice of the adoption of this Resolution and a certified copy of thia Re~olution shall be recorded by the Clerk in the Official Recorda of Collier County, Florida, and the Clerk to make the proper notationa of this vacation on said plat. 3 . --.9~a4-19..ar 00112 .... FEBRUARY 27, 1990 .' . ,This Resolution adopted after motion, sscond and majority ,. ..... vote'.".",:,: ,\..' ~ :". .,:,. >. I .IlATED. February 27, 1990 I.,.... . ~~'.,//iI~.I, 1;!,. :JAMEIl c..';t;:ri.t,.S, Clsrk ~:f~~f::~~ .,,&},(, "'),~ -; ~~P'~~d" ~~~: :~~~ fo~ and legal ,', "qtficiency:~" "", ;.,...~" S1'~~'I.\\,...;~ .'$. '--=~r~4._ ~ ~ Dav d C. Ws 9el ; :<::-- Assist.ant County Attorney O,,}, 00151 I OR BOOII BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 001757 PAGE 4 y~ai/-/l, j,L " ..:..'1;;: -,>.:'.t, ,~. ";,'- ,,',.(. I /.: ,. 00113",;;, , '_~,ii~,,, "',~~$.,:, . '~'