Planning Division Case Report VP

Transcription

1 Planning Division Case Report VP Review Date: June 3, 2015 Applicant: Property Owner: Premier Properties of Cape Coral, Inc. Premier Properties of Cape Coral, Inc. Owner Address: 4235 SE 20 th Place, #C505 Cape Coral, Authorized Representative Request: Steven L. Darby, P.E., Darby Engineering, Inc. The applicant is requesting to vacate the following: (1) About 918 ft 2 of platted street right-of-way and underlying easements between Lot 1, Block 485 and Lot 31, Block 488; (2) About 3,670 ft 2 of underlying easements between Lot 1, Block 485 and Lot 31, Block 488; (3) About 1,175 ft 2 of platted easements associated with Lot 1, Block 485; and, (4) About 752 ft 2 of platted easements associated with Lots 31 and 32, Block 488. Location of 1024 SE 38 th Street 3723 SE 10 th Avenue Applicant s Properties Cape Coral, Cape Coral, Unit 14, Block 485, Lot 1 Unit 14, Block 488, Lots Strap number: C C Prepared By: Approved By: Recommendation: Urban Service Mike Struve, AICP, LEED Green Associate, Planning Team Coordinator Derek C.S. Burr, AICP, Planning Division Manager Approval with conditions Infill Site Visit: May 13, 2015 Property Description: The applicant, Premier Properties, Inc., owns two parcels located near the intersection of SE 10 th Avenue and SE 38 th Street (see Figure 1). These properties are comprised of Lot 1, Block 485 and Lots 31-32,

2 June 3, 2015 VP Page 2 Block 488, and each property includes a portion of a previously vacated right-of-way (ROW) that was approved by Resolution Figure 1. Areal showing parcels owned by the Premier Properties, Inc. outlined in blue, along with the surrounding area. The applicant owns two properties to the east of the ROW proposed to be vacated. These two properties are located at the intersection of two canals, the Hoya and Rubican Canals that have platted widths of 100 and 200 feet, respectively. Based on discussions with Planning staff, the applicant intends to develop both properties (Lot 1, Block 485 and Lots 31-32, Block 488) as a single, multi-family project. A third property located directly adjacent to the north of this ROW section is owned by the Sharon A. Brown Trust. This property is developed with a single-family home. This owner of this property has submitted a letter to the City supporting this vacation and indicates he intends to transfer 100% of any land gained as a result of this vacation to the applicant. These three properties as well as all immediately surrounding parcels have a Multi-Family future land use classification and Multi-Family Residential (R-3) zoning. Most properties with canal frontage within the immediate area support multi-

3 June 3, 2015 VP Page 3 family developments. Duplexes and single-family homes are more common in this area on dry lots, although some multi-family developments are present as well. A previously approved vacation, codified in Resolution 30-99, vacated 2,747 ft 2 of platted street ROW adjacent to Lots 1-5 within Block 485 and Lots within Block 488. This current request seeks to vacate an additional 918 ft 2 of ROW directly adjacent to this area previously vacated. However, unlike Resolution that left all underlying and adjacent easements intact, the applicant in this case seeks to vacate all underlying easements associated with the ROW and all adjacent six-foot wide platted easements. Finally, the applicant proposes to deed to the City a six-foot wide public utility and drainage easement totaling 936 ft 2 that will be sufficient to provide a continuous perimeter easement around the two expanded parcels. If approved, these requested vacations would collectively provide the following benefits to the developer of these two properties: 1. Increase the area of the development site by 918 ft 2 from 24,408 ft 2 to 25,326 ft 2, an increase of 3.6%. 2. Increase the number of dwelling units entitled to be constructed on the development site, from eight to 10 dwelling units, an increase of 20%. Analysis: Staff has analyzed these requests consistent with the provisions contained within the City s Land Use and Development Regulations, Section 8.11, entitled Vacation of plats, rights-of-way and other property. The applicant has requested to vacate 918 ft 2 of street ROW near the intersection of SE 10 th Avenue and SE 38 th Street. This ROW section is triangular in shape and is located directly adjacent to previously vacated portion of SE 10 th Avenue. The owners of Lots within Block 488 have sent the City a letter supporting this vacation request. Furthermore, this letter states it is the owner s intent to transfer any interest in land that they receive by convention of law resulting from this vacation to the applicant, Premier Properties of Cape Coral, Inc. Century Link and Comcast have reviewed this request and have provided letters of no objection regarding this request. LCEC supports this request provided that public utility and drainage easements remain to provide a six-foot wide continuous easement around the perimeter of the expanded site. To accomplish this objective, the applicant will deed to the City a total of 936 ft 2 of easements. The ROW section proposed to be vacated does not serve any public purpose at this time nor is this ROW anticipated to be of value to the City in the future. This small area is not needed to support local traffic along either road or the passage of fire or emergency medical service (EMS) vehicles. Neither adjacent property relies on this ROW section to provide access to either site. Generally in these situations in the past, the City Council has been favorably disposed to such requests because approval of such vacations provide for larger building sites, reduce City maintenance obligations, and increase land within the City subject to ad valorem taxes.

4 June 3, 2015 VP Page 4 Recommendation: This request would vacate about 918 ft 2 of platted ROW near the intersection of SE 10 th Avenue and SE 38 th Street and about 5,597 ft 2 of underlying and adjacent easements. The applicant will deed to the City 936 ft 2 of easements for maintaining six-foot wide perimeter easements around the two expanded parcels. Based on the above analysis, staff finds that the ROW segment proposed to be vacated will not serve any foreseeable public purpose. In addition, the loss of the easements proposed to be vacated will not be detrimental to the City, surrounding property owners or utility providers. As a result, staff recommends approval of the requested vacations with the following conditions outlined below. Conditions of Approval 1. The vacation of the platted street ROW shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel RW--V, dated May 15, 2015 as depicted in Exhibit A. 2. The vacation of all underlying easements associated with the platted street ROW vacated in this resolution as well as the underlying easements that were not vacated by Resolution shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel RW--V, dated March 5, 2015 as depicted in Exhibit B. 3. The vacation of the six-foot wide public utility and drainage easements associated with Lot 1, Block 485 shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E./D.E.--V, dated April 5, 2015 as depicted in Exhibit C. 4. The vacation of the six-foot wide public utility and drainage easements associated with Lots 31 and 32, Block 488 shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E./D.E.--V, dated April 5, 2015 as depicted in Exhibit D. 5. The applicant shall deed to the City 936 ft 2 in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E./D.E.-, dated April 5, 2015 as depicted in Exhibit E. The deeding of these easements shall be approved by the City Council prior to the issuance of a permit for any building located on Lot 1, Block 485 or Lots 31 and 32, Block Prior to the City recording the resolution approving this vacation with the Lee County Clerk of Court, the Developer shall provide a surety bond or certified check in an amount equal to 110% of the estimated cost to relocate the existing City-maintained drainage inlet and culvert that collects runoff from swales located along SE 38 th Street and SE 10 th Avenue. This estimate shall include removing and sealing the outfall of the existing drainage culvert, installing the new inlet and culvert, and restoring the roadside swales for maintaining proper drainage of the rights-ofway and contributing drainage areas. This estimate shall also include costs associated with replacing landscaping located on the adjacent property on Lot 30, Block 488. The financial

5 June 3, 2015 VP Page 5 security posted by the Developer shall be based on a cost estimate signed and sealed by a professional engineer licensed in the State of Florida, and acceptable to the DCD Director or his designee. The surety bond or certified check shall be returned to the Developer after the DCD Director has determined that all required improvements have been satisfactorily completed. 7. Prior to the issuance of a development permit for the subject property, the Developer shall submit a site plan to the City showing the relocation of the drainage facilities and other improvements described above in Condition #6 and the relocation of water service to this property within an existing City easement. Such site plan shall be approved by the City prior to the issuance of any development permit for the subject property. 8. This resolution shall be recorded with the Office of the Lee County Clerk of Circuit Court by the City of Cape Coral. This resolution shall not be effectuated until the applicant posts financial security with the City for relocating utility facilities described more fully within Condition #6 and the Developer reimburses the Department of Community Development for all recording fees associated with this resolution. Staff Contact Information Mike Struve, AICP, LEED Green Associate, Development Management Team Coordinator PH: mstruve@capecoral.net

6 1216 S.W 4th Street, Suite 4, Cape Coral, Florida Phone: (239) q Fax:!239) fla.::u~ti \J\'e1J1; tp.: w1n1111.dm -fl<1.com 2015 APR 20 AH 9: 22 April 20, 2015 Mr. Vince Cautero, AICP Community Development Director Dept. of Community Development City of Cape Coral P.O. Box Cape Coral, Re: Letter of Intent for Vacation of a right-of-way and easement STRAP# C O;.0310, Block 485, Lots 1, 31 and S.E. 38th Street and 3723 S.E. 1 oth Ave., Cape Coral, Florida Dear Mr. Cautero: It is the intent of the property owner, Premier Properties of Cape Coral, Inc., to request the vacating of right-of-way and drainage easement for two parcel of land owned by the same owner. The current zoning for the two parcels is R-3W and future land use of Multi-family. This site would comprise of 0.57 acres with proposed access off SE 38th Street. The proposed access within the City right-of-way to meet the Engineering Design Standard of minimum 6'' thick concrete. The existing right-of-way extends from S.E. 1st Ave. into the divided property between the lots to provide access to both lots. Once the two lots are combined into one lot the extension of the right-of-way is no longer required since the combined lot will have sufficient roadway frontage on S.E. 38th Place. The vacating of the right-of-way as shown on the enclosed legal description and sketch would result in a more efficient developable lot. Located directly at the terminal point of S.E. 1st Ave. is an existing drainage inlet with pipe along the two existing lots to the City of Cape Coral's canal system. Also part of this request is to vacate the existing drainage easement at this location. The existing inlet and pipe would be removed and a new design of the right-of-way drainage conveyance will be provided to be placed in the existing Pubic Easement along the existing property line between lots 31 and 30. This new design drainage outfall would also function as a connection point from the future development of the combined lots. Within the area of right-of-way which is being requested to be vacated are existing service utilities such as potable water and reuse services that would provide service to the existing two lots. All the utility mains are within the right-of-way of S.E. 38th Place and S.E. 1st Ave. and will not be affected by the right-of-way vacation. These existing utility services will be designed as part of the development to service the appropriate lots. Sun Breeze Condo - PRT-lntent

7 The vacating of the requested right-of-way and drainage easement will not affect the existing access and drainage conveyance for the adjacent lots. Therefore, we request approval of the right-of-way and drainage easement vacation to allow the owner to continue with development on the combined lot. Provided are letter of no objection from LCEC, Comcast, and Embarq as requested. Provided are 8 signed and sealed surveys, along with the supporting documentation for the vacation application submittal. Should you require any additional information, please contact me at Sincerely, oa~.enlerjnc s!e~arby, P.E. President Attachments: Sun Breeze Condo - PRT-lntent

8 ROAD VACATION APPLICATION SUPPORT LETTER PREMIER PROPERTIES OF ) NC Mr. & Mrs. William Brown 3719 SE 10th Ave Cape Coral, Fl {Home Deeded as Sharon A. Brown trustee of the Sharon A. Brown Trust) Mr. Vince Cautero, OCO Director City of Cape Coral Cape Corai, Fiorida Dear Mr. Cautero, We, as owners of the property adjacent to Premier Properties of cape coral, Inc's, are in support of their road vacation application and request to the City of Cape Coral to vacate the stub road at the end of SE 10th Ave & SE 38 1 h St. We have no objections to the City of Cape Coral granting this vacate road request and we intend to transfer 100% of our 50% interest in said road upon vacating. (See Survey/Sketch attached). We have no interest in any ownership right to the vacated road and support Premier's application and intention to develop a low rise condominium project on their adjoining parcels. We can be reached at (Sharon) or (Bill) if you have any questions or need additional information. Regards A We hereby authorize our support ~ ~ ad'k-1 Trustee for Sharon A. Brown Trust (Sign) Print Name /-(I /~~ ~Date Date William Brown (Sign) Print Name Notarv Information/Stamp 4oll}f) fo me Date Z-- 3 '-/ - le_)~j\. <f;m9-->-&~ Date ;:). - {) '-( - Z.D Is 'Zol::S- L611ll~ oz!2_r//ts

9 @om cast Westlinks Drive Suite 4 Fort Myers, Phone: March 3, 2015 Re: 1024 S.E. Street and 3723 S.E. 10th Ave. Cape Coral, Fl. Dear Steven Darby, This letter will serve to inform you that Comcast has no objection to your proposed vacation of the address referenced above. Should you require additional information or assistance, please feel free to contact me here at Cordially, µtt Mark Cook Project Coordinator

10 Lee County Electric Cooperative, Inc. Post Office Box 3455 North Fort Myers, (239) Fax (239) April 17, 2015 Steven L. Darby, P.E. Darby Engineering, Inc S.W. 4th Street, Suite 4 Cape Coral, Florida Re: Vacation of Original Platted Easement and Road Right of way at the Intersection Hoya Court and SE 38th Street; Dear Mr. Darby: You have opened up discussions with LCEC concerning a vacation of platted utility easements as created upon the face of the plat of Cape Coral Unit 14 as recorded in Plat Book 13, Pages 61 through 68, inclusive, as recorded amongst the Public records of Lee County, Florida. We have reviewed the documents submitted, your request and our internal files. LCEC has no objection to the utility easements as shown on the sketches prepared by Stouten Cramer known as job # , Parcel P.U.E./D.E.--V, et al., dated March 5, LCEC has no objection to the vacation of the platted easements being vacated, so long as a 6 foot P.U.E. easement remains to be a continuous easement around the perimeter of the property once the vacation is complete. Should there be any questions please call me, or if you prefer, my is russel.goodman@lcec.net. Best regards, Digitally signed by Russel Goodman, SR/WA DN: cn=russel Goodman, SR/WA, o=lee County Electric Co-operative, ou=design and R US Se I G 00 d man, SR/WA Engineering, =russel.goodman@lcec.net, c=us Date: :55:43-04'00' Russ Goodman, SR/WA D & E Coordinator, Land Rights

11 March 20, 2015 ~~,~ ~~~~ Centurylink Steven L. Darby, P.E. Darby Engineering, Inc S.W. 4th Street, Suite 4 Cape Coral, Florida Phone: Ext. 2 Fax: Re: Sun Breeze Condo Project Block 488, Lots Strap#: C And Block 485, Lot 1 Strap#: C Proposed Easement Vacation Vacation of all underlying and adjoining easements. The existing 6' Public Utility Easements located along the north east and south east and south west r/w of the southernmost end of SE 10th Ave and the 6' Public Utility Easements associated with the common line shared by Lot 32 Block 488 and Lot 1 Bloc k 485 Lying in, Section 6, Township 45 South, Range 24 East, in Cape Coral, as recorded in the Public Records of Lee County, Florida. Dear Mr. Darby: Embarq Florida, Inc. (d/b/a Century Link until further notice) has reviewed the document for the above referenced information. Based on the review, Centurylink currently has existing buried copper cable facilities located within the north east and south west 6' public utility easements which parallel and the southernmost end of SE 10 1 h Ave. crossing to the south r/w of SE 38th St. These easements are located within the area that has been requested to be vacated. These facilities are in the process of being relocated to the re-aligned r/w and public utility easement located along the south east r/w of SE 38th St. Centurylink will also retain the use of the existing 6' PUE's located along the properties north east and south west boundary's, for the use of relocating the existing buried copper cable currently in conflict with the road way re-alignment and the properties north east and south east/west boundary's, for future facilities. Centurylink, has no objection to the vacation of the public right of way easements located in Block 488, Lots and Block 485 Lot lat the aforementioned Cape Coral location. If you should require additional information, please contact me at our Office (239) Cell (239) If you should require additional information, please contact Bill Barnett at the Port Charlotte Office (941) Sincerely, Stephen Stei OSP Engineer I Outsource-Inc Littleton Road North Fort Myers, Tel: (239) Cell: (239) steve.x.steiner@centurylink.com

12 NOTICE OF 1035 PUBLIC HEARING NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt RESOLUTION 88-15, A RESOLUTION PROVIDING FOR THE VACATION OF PLAT FOR A STREET RIGHT-OF WAY AND THE UNDERLYING PUBLIC UTITY AND DRAINAGE EASEMENT BEING A PART OF THE INTERSECTION OF SE 10TH AVENUE AND SE 38th STREET, LOCATED BETWEEN LOT 1, BLOCK 485 AND LOT 31, BLOCK 488, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT UNDERLYING A PREVI- OUSLY VACATED RIGHT-OF-WAY LOCATED BETWEEN LOT 1, BLOCK 485, AND LOT 31, BLOCK 488, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT LYING WITHIN LOT 1, BLOCK 485, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT LYING WITH- IN LOTS 31 AND 32, BLOCK 488, UNIT 14; PROPERTY LOCATED AT 1024 SE 38TH STREET AND 3723 SE 10TH AVENUE. FURTHER that an application has been received from PREMIER PROPER- TIES OF, INC. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency on Wednesday, July 1, 2015 at 9:00 A.M. in the Council Chambers at City Hall. FURTHER that said request will be reviewed by the Cape Coral City Council on Monday, July 27, 2015 at 4:30 P.M. in the Council Chambers at City Hall. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City Clerk s office which is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. FURTHER You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box , Cape Coral, ; or comdev@capecoral.net. For further information, please call Mike Struve at or at mstruve@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # VP Sunday, June 21, 2015 Sunday, July 12, 2015 Sunday, July 19, 2015

13 VP RESOLUTION A RESOLUTION PROVIDING FOR THE VACATION OF PLAT FOR A STREET RIGHT-OF WAY AND THE UNDERLYING PUBLIC UTITY AND DRAINAGE EASEMENT BEING A PART OF THE INTERSECTION OF SE 10 AVENUE AND SE 38th STREET, LOCATED BETWEEN LOT 1, BLOCK 485 AND LOT 31, BLOCK 488, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT UNDERLYING A PREVIOUSLY VACATED RIGHT-OF-WAY LOCATED BETWEEN LOT 1, BLOCK 485, AND LOT 31, BLOCK 488, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT LYING WITHIN LOT 1, BLOCK 485, UNIT 14; PROVIDING FOR THE VACATION OF PLAT FOR A PUBLIC UTITY AND DRAINAGE EASEMENT LYING WITHIN LOTS 31 AND 32, BLOCK 488, UNIT 14; PROPERTY LOCATED AT 1024 SE 38 STREET AND 3723 SE 10 AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Petition was filed by PREMIER PROPERTIES OF, INC., for the vacation of plat on property described herein; and WHEREAS, the Petition meets the requirements of Land Use Development Regulations, Article VIII, Section 8.11, Vacation ofplats, Streets and Other Property of the Code ofordinances of the City of CapeCoral and it is in the best interest of the public that such Petitionbe granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC OF THE CITY OF, ORIDA: Section 1. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coraland it is in the best interest of the public that such Petition be granted. The following-described right-of-way and the underlying public utility and drainage easement, as shown in Exhibit A, are hereby vacated by the City of Cape Coral, to wit: A Parcel of land lying in Unit 14, Cape Coral Subdivision, as recorded in Plat Book 13, Pages 61 through 68, of the Public Records of Lee County, Florida, being more particularly described as follows: Commencing at the Westerly corner of Lot 1, Block 485 of said Unit 14, Cape Coral Subdivision, run N24o22'30"E along the Southeasterly Right of Way line of Hoya Court (Plat), S.E. 38th Street (Field) for a distance of feet to the Point of Beginning. From said Point of Beginning run N24 22'30ME along an extension of said Southeasterly Right of Way line for a distance of feet to the Northeasterly Right of Way line of Hoya Court (Plat), S.E. 10th Avenue (Field), also being a non-tangent Point of Curvature of a foot radius curve to the left, concave to the Northeast, to which a radial line bears S39 10'36"W, having a chord bearing and distance of S51 49*34"E and feet and a central angle of 2 00'20"; Thence run along the arc of said curve, also being said Northeasterly Right of Way line, for a distance of feet; Thence leaving said Northeasterly Right of Way line run S42o01'30"W for a distance of feet to the Southwesterly Right of Way line of Hoya Court (Plat), S.E. 10th Avenue (Field), also beinga non-tangent Point of Curvature of a foot radius curve to the left, concave to the Southeast, to which a radial line bears N47 58'30"W, having a chord bearing and distance of S33 12'21"W and 7.68 feet, and a central angle of 17 39'4r'; Thence run along the arc of said curve, also being said Southwesterly Right of Way line for a distance of 7.71 feet to the Point of Beginning. Said Parcel Contains 918 sq ft. (more or less) Bearings are based on Southeasterly Right of Way Line of Hoya Court (Plat), S.E. 38thStreet (Field), being N24 22,30"E. Section 2. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coral and it is in the bestinterest of the public that such Petition be granted. The following-described public utility and drainage easement, as shown in Exhibit B, is hereby vacated by the City of Cape Coral, to wit:

14 A Parcel of land lying in Unit 14, Cape Coral Subdivision, as recorded in Plat Book 13, Pages 61 through 68, of the Public Records of Lee County, Florida, being more particularly described as follows: Commencing at the Westerly corner of Lot 1, Block 485 of said Unit 14, Cape Coral Subdivision, run N24 22,30"E along the Southeasterly Right of Way line of Hoya Court (Plat), S.E. 38th Street (Field) for a distance of feet to the Point of Beginning. From said Point of Beginning run N24o22'30ME along an extension of said Southeasterly Right of Way line for a distance of feet to the Northeasterly Right of Way line of Hoya Drive (Plat), S.E. 10th Avenue (Field), also being a non-tangent Point of Curvature of a foot radius curve to the left, concave to the Northeast, to which a radial line bears S39 10'36MW, having a chord bearing and distance of S53 52'20,,E and feet and a central angle of 6 05'53M; Thence run along the arc of said curve, also being said Northeasterly Right of Way line, for a distance of feet to the Southeasterly Right of Way line of Hoya Drive (Plat), S.E. 10th Avenue (Field); Thence run S33 04'43"W along said Southeasterly Right of Way line for a distance of feet to the Southwesterly Right of Way line of Hoya Drive (Plat), S.E. 10th Avenue (Field), also being a non-tangent Point of Curvature of a foot radius curve to the right, concave to the Northeast, to which a radial line bears S33 04'43"W, having a chord bearing and distance of N55 34,54"W and feet, and a central angle of 2 40'46"; Thence run along the arc of said curve, also being said Southwesterly Right of Way line for a distance of feet to a Point of Reverse Curvature of a foot radius curve to the left, concave to the South, said curve having a chord bearing and distance of S75 04'00"W and feet, and a central angle of '58"; Thence run along the arc of said curve for a distance of feet to the Point ofbeginning. Said Parcel Contains 3,670 sq ft. (more or less) Bearings are based on Southeasterly Right of Way Line of Hoya Court (Plat), S.E. 38th Street (Field), being N24 22,30"E. Section 3. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City of Cape Coral and it is in the best interest of the public that suchpetition be granted. The following-described public utility and drainage easement, as shown in Exhibit C, is hereby vacated by the City of Cape Coral, to wit: A Portion of Public Utility and Drainage Easement lying in, Lot 1, Block 485, Unit 14, Cape Coral Subdivision, as recorded in Plat Book 13, Pages 61 through 68, of the Public Records of Lee County, Florida, being more particularly described as follows: Beginning at the Westerly corner of Lot 1, Block 485 of said Unit 14, Cape Coral Subdivision, run N24 22,30"E along the Southeasterly Right of Way line of Hoya Court (Plat), S.E. 38th Street (Field) for a distance of feet to the point of curvature of a foot radius curve to the right, concave to the south, having a chord bearing and distance of N75 04'00"E and feet, and a central angle of '58"; Thence run along the arc of said curve for a distance of feet to the point of reverse curvature of a foot radius curve to the left, concave to the Northeast, having a chord bearing and distance of S55 34'54"E and feet, and a central angle of 2 40,46"; Thence run along the arc of said curve for a distance of feet; Thence run N33 04'43"E for a distance of feet to an intersection with the line common to Lot 1, Block 485 and Lot 32, Block 488; Thence run S56 55'17"E along said common line for a distance of feet to an intersection with a line that is parallel to and 6.00 feet Northwesterly of the Northwesterly line of Hoya Canal; Thence run S24 22'30"W along said parallel line for a distance of 6.07 feet to an intersection with a line that runs parallel to and 6.00 feet Southwesterly of said common line; Thence run N56 55'17"W along said parallel line for a distance of feet to an intersection with a line that is parallel to and 6.00 feet Southeasterly of said Southeasterly Right of Way line; Thence run S33 04'43"W along said parallel line for a distance of feet to an intersection with a concentric curve 6.00 feet Southwesterly of the Southwesterly Right of Way Line of Hoya Court (Plat), S.E. 10th Avenue (Field), also being a non-tangent Point of Curvature of a foot radius curve to the right, to which a radial line bears S32036'53"W, having a chord bearing and distance of N55 48'49"W and feet, and a central angle of 3 08'36"; Thence run along said concentric curve for a distance of feet to a Point of Reverse Curvature of a foot radius curve to the left, concave to the South, said curve having a chord bearing and distance of S75 04'00"W and feet, and a central angle of f58"; Thence run along the arc of said curve for a distance of feet to an intersection with a line that is parallel to and 6.00 feet Southeasterly of the Southeasterly Right of Way line of said Hoya Court (Plat), S.E. 10th Avenue (Field); Thence run S24 22'30"W along said parallel line for a distance of feet to an intersection with the line common with Lots 1 and 2; Thence run N65 37f30"W along said common line for a distance of 6.00 feet to the Point of

15 Beginning. Said Parcel Contains 1,175 sq ft. (more or less) Bearings are based on Southeasterly Right of Way Line of Hoya Court (Plat), S.E. 38th Street (Field), being N24 22,30,,E. Section 4. The Petition meets the requirements of Article VIII, Section 8.11, of the Code of Ordinances of the City ofcape Coral and it is in the best interest of the public that such Petition be granted. The following-described public utility and drainage easement, as shown in Exhibit D, is hereby vacated by the City ofcape Coral, to wit: A Portion of Public Utility and Drainage Easement lying in Lots 31 and 32, Block 488, Unit 14, Cape Coral Subdivision, as recorded in Plat Book 13, Pages 61 through 68, ofthe Public Records of Lee County, Florida, being more particularly described as follows: Beginning at the Westerly corner of Lot 31, Block 488, Unit 14, Cape Coral Subdivision, run N37 10'16"E along the line common to Lots 30 and 31, Block 488 a distance of 6.00 feet to an intersection with a concentric curve 6.00 feet Northeasterly of said Northwesterly Right of Way Line, also being a non-tangent Point of Curvature ofa foot radius curve to the left, to which a radial line bears S37 10'16"W, having a chord bearing and distance of S55 07'42"E and feet, and a central angle of 4 35l56"; Thence run along said concentric curve for a distance of feet to an intersection with a line that is parallel to and 6.00 feet Southeasterly of the Southeasterly Right of Way line of Hoya Drive (Plat), S.E. 10th Avenue (Field); Thence run S33 04'43"W along said parallel line for a distance of feet to an intersection with a line that runs parallel to and 6.00 feet Northeasterly of the line common to Lot 1, Block 485 and Lot 32, Block 488; Thence run S56 55'17"E along said parallel line for a distance of feet to an intersection with a line that is parallel to and 6.00 feet Northwesterly of the Northwesterly line of Hoya Canal; Thence run S24 22'30MW along said parallel line for a distance of 6.07 feet to an intersection with said common line; Thence run N56055'17"W along said common line for a distance of feet to an intersection with said Southeasterly Right of Way line; Thence run N33 04'43ME along said Southeasterly Right of Way line for a distance of feet to an intersection with said Northwesterly Right of Way Line, also being a non-tangent Point of Curvature of a foot radius curve to the right, to which a radial line bears S33 04'43"W, having a chord bearing and distance of N54 52'30"W and feet, and a central angle of 4 05,33"; Thence run along the arc of said curve for a distance of feet to the Point of Beginning. Said Parcel Contains 752 sq ft. (more or less) Bearings are based on Southeasterly Right of Way Line of Hoya Court (Plat), S.E. 38th Street (Field), being N24 22'30"E. Section 5. Within thirty (30) days from the date of adoption of this resolution, applicant shall provide to the City a deed for a six (6) foot wide perpetual public utility and drainage easement, as shown in Exhibit E. The deed shall be approved by the City's Real Estate Property Broker prior to execution. The property to be deeded to the City is as follows: A Public Utility and Drainage Easement lying in Unit 14, Cape Coral Subdivision, as recorded in Plat Book 13, Pages 61 through 68, of the Public Records of Lee County, Florida, being more particularly described as follows: Beginning at the Westerly corner of Lot 1, Block 485 of said Unit 14, Cape Coral Subdivision, run N24o22'30"E along the Southeasterly Right of Way line of Hoya Court (Plat), S.E. 38th Street (Field) and the extension of said Right of Way line for a distance of feet to the Northeasterly Right of Way line of Hoya Court (Plat), S.E. 10thAvenue (Field), also being a non-tangent Point of Curvature of a foot radius curve to the left, concave to the Northeast, to which a radial line bears S39 10'36"W, having a chord bearing and distance of S51 49'34"E and feet, and a central angle of 2 00'20"; Thence run along the arc of said curve and said Northeasterly Right of Way line for a distance of feet to an intersection with the line common to Lots 30 and 31, Block 488; Thence run N37 10'16"E along said common line for a distance of 6.00 feet to an intersection with a concentric curve 6.00 feet Northeasterly of said Northwesterly Right of Way Line, also being a non-tangent Point of Curvature of a foot radius curve to the left, concave to the Northeast, to which a radial line bears S37 10'16"W, having a chord bearing and distance of S53 04'55"E and 6.00 feet, and a central angle of 0 30'23"; Thence run along the arc of said concentric curve for a distance of 6.00 feet to an intersection with a line that is parallel to and 6.00

16 feet southeasterly of said common line; Thence run S37 10'16"W along said parallel line for a distance of feet to an intersection with a concentric curve 6.00 feet Southwesterly of said Northwesterly Right of Way Line, also being a non-tangent Point of Curvature of a foot radius curve to the right, concave to the Northeast, to which a radial line bears S36 40'25"W, having a chord bearing and distance of N52 23*51"W and feet, and a central angle of 1 51*29"; Thence run along the arc of said concentric curve for a distance of feet to an intersection with a line that is parallel and 6.00 feet southeasterly of said Southeasterly Right of Way line; Thence run S24 22'30"W along said parallel line for a distance of feet to the line common to Lots 1 and 2, Block 485; Thence N65o37'30"W along said common line for a distance of 6.00 feet to the Point of Beginning Said Parcel Contains 936 sq ft. (more or less) Bearings are based on Southeasterly Right of Way Line of Hoya Court (Plat), S.E. 38th Street (Field), being N24 22'30,,E. Section 6. The Applicant shall meet the following terms and conditions: 1. The vacation of the platted street right-of-way shall be consistent with that shown in the sketch dated March 5, 2015 and accompanying the legal description dated May 15, 2015, prepared by Stouten Cramer Professional Surveyors, identified as Parcel RW--V, as depicted in Exhibit A. 2. The vacation of all underlying easements associated with the platted street right-of-way vacated in this resolution as well as the underlying easements that were not vacated by Resolution shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel RW- -V, dated March 5, 2015, as depicted in Exhibit B. 3. The vacation of the six-foot wide public utility and drainage easements associated with Lot 1, Block 485, shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E/D.E.--V, datedapril 5, 2015, as depicted in Exhibit C. 4. The vacation of the six-foot wide public utility and drainage easements associated with Lots 31 and 32, Block 488, shall be consistent with that shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E./D.E.--V, dated April 5, 2015, as depicted in Exhibit D. 5. The applicant shall deed to the City 936 square feet in easements for utility and drainage purposes as shown in the sketch and accompanying legal description prepared by Stouten Cramer Professional Surveyors, identified as Parcel P.U.E./D.E.--V, dated April 5, 2015, as depicted in Exhibit E. The deeding of these easements shall be approved by the City Council prior to the issuance of a permit for any building located on Lot 1, Block 485, or Lots 31 and 32, Block Prior to the City recording the resolution approving this vacation with the Lee County Clerk of Court, the Developer shall provide a surety bond or certified checkin an amount equal to 110 percent of the estimated cost to relocate the existing City-maintained drainage inlet and culvert that collects runoff from the swales located along SE 38th Street and SE 10th Avenue. This estimate shall include removing and sealing the outfall of the existing drainage culvert, installing the new inlet and culvert, and restoring the roadside swales for maintaining proper drainage of the rights-of-way and contributing drainage areas. This estimate shall also include costs associated with replacing landscaping located on the adjacent property on Lot 30, Block 488. The financial security posted by the Developer shall be based on a cost estimate signed and sealed by a professional engineer licensed in the State of Florida, and acceptable to the DCD Director or his designee. The surety bond or certified check shall be returned to the Developer after the DCD Director has determined that all required improvements have been satisfactorily completed. 7. Prior to the issuance of a development permit for the subject property, the Developer shall submit a site plan to the City showing the relocation of the drainage facilities and other improvements described above in Condition #6 and the relocation of water service to this property within an existing City easement. Such site plan shall be approved by the City prior to the issuance of any development permit for the subject property.

17 8. This resolution shall be recorded with the Office of the Lee County Clerk of Circuit Court by the City ofcape Coral. This resolution shall not be effectuated until the applicant posts financial security with the City for relocating utility facilities described more fully within Condition #6 and the Developer reimburses the Department of Community Devopment for all recording fees associated with this resolution. Section 7. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE CITY COUNC OF THE CITY OF AT ITS REGULAR COUNC SESSION THIS DAY OF, MARNI L. SAWICKI, MAYOR VOTE OF MAYOR AND COUNCMEMBERS: SAWICKI BURCH CARIOSCIA NESTA LEON ERBRICK WLIAMS DONNELL ATTESTED TO AND FED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM, CITY CLERK APPROVED AS TO FORM: BRIAN-ftr'BARTOS ASSISTANT CITY ATTORNEY res/vpl /12/15

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28 City of Cape Coral Department of Community Development June 19, 2015 RE: RESOLUTION 88-15/ VP Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 500 feet of a request for vacation of plat for a street right-of-way and the underlying public utility and drainage easement submitted by Premier Properties of Cape Coral, Inc. The applicant is requesting a vacation of plat for a street right-of-way and the underlying public utility and drainage easements being a part of the intersection of SE 10 th Avenue and SE 38 th Street, located between Lot 1, Block 485, and Lot 31, Block 488, Cape Coral Unit 14; providing for the vacation of plat for a public utility and drainage easement underlying a previously vacated right-of-way located between Lot 1, Block 485, and Lot 31, Block 488, Cape Coral Unit 14; providing for the vacation of plat for a public utility and drainage easement lying within Lot 1, Block 485, Cape Coral Unit 14; providing for the vacation of plat for a public utility and drainage easement lying within Lots 31 and 32, Block 488, Cape Coral Unit 14; property located at 1024 SE 38 th Street and 3723 SE 10 th Avenue. The Board of Zoning Adjustment and Appeals will hear RESOLUTION at a Public Hearing on Wednesday, July 1, 2015 at 9:00 a.m. The City council will hear RESOLUTION on MONDAY, July 27, 2015 at 4:30 P.M. in the Council Chambers at City Hall. Both Public hearings will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, Florida, Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box , Cape Coral, The hearings may be continued from time to time as necessary. If a person decides to appeal any decision made by the Board of Zoning of Adjustment and Appeals with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

29 Department of Community Development PLANNING DIVISION The resolution and colored maps for this application are available at the City of Cape Coral website, (Click on Public hearing information, use the reference number below to access the information); or, at the Planning Division counter at City Hall, between the hours of 7:30 AM and 4:30 PM. For further information, please call Mike Struve at or at Sincerely, Derek C.S. Burr, AICP, MS, MPA Planning Division Manager Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida

30 Department of Community Development PLANNING DIVISION VACATION OF PLAT AND RIGHTS-OF-WAY CRITERIA APPLICABLE TO VACATION OF PLAT/RIGHTS-OF-WAY Cape Coral Land Use & Development Regulations, Section 8.7 A. Purpose and intent. This section is established to provide procedures for City Council to vacate rights-ofway and plats pursuant to authority granted under Florida law. B. Generally. The City Council may adopt resolutions or ordinances vacating plats in whole or in part of subdivisions within the corporate limits of the city, returning the property covered by such plats either in whole or in part into acreage for the purpose of taxation, or resolutions or ordinances vacating public rights-of-way, public easements, or other property after receipt of a petition therefore at public hearing on such petition. C. Petitions filed concurrently with rezoning petitions. When an application for vacation of plat is related to or materially affects a rezoning application, public notice of both applications shall be published concurrently. Public hearings before the Planning and Zoning Commission/Local Planning Agency and the City Council shall be held concurrently. Decisions on respective applications shall be made separately. Full fees shall be charged in accordance with the Cape Coral City Code. D. Adoption and recording of resolution or ordinance. After public hearing, the City Council may approve an application for a vacation if it determines there is no reasonably foreseeable public use for said vacated area. Approval of a vacation shall be by resolution or ordinance. Any such resolution or ordinance vacating a rightof-way may retain for the city easements for utilities and/or drainage in and upon the vacated area. Upon adoption of the resolution vacating the plat or portion thereof, the City Clerk shall furnish to the petitioner a certified copy thereof and the petitioner shall cause the same to be recorded in the public records of the county, and shall return a copy, showing the recording information, to the Department of Community Development. E. Effect. The adoption and recording of such resolution or ordinance in the public records of the county shall have the effect of vacating all streets and alleys and city-owned easements shown on the portion of the plat so vacated, unless such resolution or ordinance specifically reserves unto the city such city-owned easements or such streets or alleys. If public street rights-of-way are vacated, the resolution or ordinance shall specify whether or not easements are reserved therein for utilities and drainage. The resolution or ordinance shall not have the effect of vacating any public canal shown on the portion of the plat vacated, unless the resolution or ordinance specifically so provides. F. Petitioner s responsibility. The city, City Council and all of the officers, employees and agents thereof shall not assume any responsibility or liability for any matters and things to be done or completed by the petitioner pursuant to the provisions hereof. It is recognized that this procedure may affect substantial interests in real property and other proprietary rights, and the petitioner shall assume full and complete responsibility for compliance with the requirements of law and these procedures in connection with or arising out of any vacation proceedings instituted by the petitioner. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

31 SE 37TH ST CITY OF Department of Community Development Planning Division SE 12TH AVE ZONING MAP 500 Proximity Boundary SE 10TH AVE Case No. VP Lots: 1 Legend SE 9TH PL RUBICAN CANAL Proposed vacation Existing parcel 500' Buffer Proposed Vacation R1B R3 Subject Parcels Canals/Lakes SE 38TH ST HOYA CANAL µ SE 9TH CT COUNTRY CLUB BLVD SE 38TH TER SE 11TH AVE SE 11TH PL 500' Proximity Boundary June 3, Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA