MEETINQDATE: ~,~~_~_~~~ ~~~~ ColciMlSSiON DISTRICT # 2 0-j-A

Transcription

1 1. REQUESTED MOTION: ACTION REQUESTED: Accept a Petition VACZOOZ to vacate a 12-foot wide Public Utility Easement centered on the lot line common to Lots 1 & 2, Block 3, Unit 1, Lehigh Estates Subdivision, in Lehigh Acres, Florida. Adopt a Resolution setting a Public Hearing for 500 pm on the WHY ACTION IS NECESSARY: To build a light industrial building across the property line. Vacating the 12-ft wide Public Utility Easement will not alter existing or future utility requirements. WHAT ACTION ACCOMPLISHES: Setting the time and the date of the Public Hearing. 2. DEPARTMENTAL CATEGORY: MEETINQDATE: ~,~~_~_~~~ ~~~~ ColciMlSSiON DISTRICT # 2 0-j-A 04/a&m3 4. AGENDA: 5. REOUIREMENTIPURPOSE: 6. REOUES~~R OF INFORMATION: (specify) CONSENT ADMINISTRATIVE Peter J. EckeLrode, Director The completed Petition to Vacate, VAC was submitted by Al Quattrone, as agent for owners Jeff Romer and William Romer. LOCATION: Petition # VAC proposes to vacate a 12-foot wide -&? Public Utility Easement centered on the lot line common to Lots 1 & 2. Block 3. Unit 1, Lehigh Estates Subdivision, Section 30, Township 44 South, Range 26 East, in Lehigh Acres, Florida, as recorded in Plat Book 15. Page 81. in the Public Records of Lee County, Florida, LESS and EXCEPT the East 6-feet and the West B-feet thereof. Documentation pertaining to this Petition to Vacate is available for viewing at the Office of Lee Cares. There are no objections to this Petition to Vacate. Staff recommends the scheduling of the Public Hearing. Attached to this Blue sheet is the Petition to Vacate, Resolution to set Public Hearing, Notice of Public Hearing with exhibits. 9. RECOMMENDED APPROVAL: G:\TIDEMARK DOCUMENTWl-IS-02 Blue Sheet.doc

2 NOTICE OF PUBLIC HEARING FOR PETITION TO VACATE Case Number: VAC TO WHOM IT MAY CONCERN: Notice is hereby given that on the 13th day of I4ay 5:00 P" in the County Commissioners Meeting Room, Old Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Floric&will consider and take action on a Petition vacating the public s interest in the easement, plat or portion of a plat legally described in the attached Exhibit A. Interested parties may appear in person or through a representative and be heard with respect to the Petition to Vacate. Anyone wishing to appeal the decision made by the Board with respect to any matter considered at this meeting will need a record of the proceeding for such appeal, and may need a verbatim record, to include all testimony and evidence upon which the appeal is to be based. A copy of the Petition to Vacate is on file in the Office of the Clerk of the Circuit Court of Lee County, Florida, Minutes Office, 2115 Second Street, Fort Myers, Florida. CHARLIE GREEN, CLERK,,, _:,,:; :::j: :::.,: ~~~,, Deputy Clerk Signature Please Print Name APPROVED AS TO FORM County Attorney Signature Please Print Name h:\forms\vacation\l3-iph.doc

3 EXHIBIT A y DESCRIPTION OF EXISTING DRAINAGE AND/OR UTILITY EASEMENT TO BE VACATED ON LOT I AND THE SOUTH 67 FEET OF LOT 2, BLOCK 3, UNIT I, LEHIGH ESTATES, A 12-FOOT WIDE UTILITY EASEMENT CENTERED ON THE LOT LINE COMMON TO LOTS 1 AND 2, BLOCK 3, UNIT 1, LEHIGH ESTATES, SECTION 30, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEHIGH ACRES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BGGK 13, PAGE 81, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EX~CEPT~THj? EAST 6 FEET AND WEST 6 FEET THEREOF.

4 RESOLUTION NO. TO SET PUBLIC HEARING FOR PETITION TO VACATE Case Number: VAC and WHEREAS, a Petition to Vacate was filed with the Board of County Commissioners; WHEREAS, the Petitioner seeks to abandon, discontinue, close or vacate a portion of a plat, easement, parcel or right-of-way legally described in the attached Exhibit A. WHEREAS, under Florida Statute and the Lee County Administrative Code, the Board must hold a Public Hearing in order to grant a vacation affecting a public easement, public right-of-way or platted lands. BE IT THEREFORE RESOLVED by the Board of County Commissioners of Lee County, Florida, as follows: I. A Public Hearing on Petition to Vacate No. VAC is set for the in the Lee County Commission Chambers. 2. A Notice of Public Hearing on this Petition to Vacate will be published in accordance with the Lee County Administrative Code. THIS RESOLUTION passed by voice and entered into the minutes of the Board of L, County Commissioners of Lee County, Florida this :, :,,,~,,,,:., B&&D OF HO&&, ;m;: ATTEST: COMMISSIONERS OF CHARLIE GREEN, CLERK LEE COUNT), ~;FLORlDA Deputy Clerk Signature Chairman Signature Please Print Name Please Print Name APPROVED AS TO FORM County Attorney Signature Please Print Name

5 DESCRIPTION OF EXISTING DRAINAGE AND/OR UTILITY EASEMENT TO BE VACATED LOT I AND THE SOUTH 67 FEET OF LOT 2, BLOCK 3, UNIT 1, LEHIGH ESTATES, A l&foot WIDE UTILITY EASEMENT CENTERED ON THE LOT LINE COMMON TO LOTS 1 AND 2, BLOCK 3, UNIT I, LEHIGH ESTATES, SECTION 30, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEHIGH ACRES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED ~_~~~~-~~~~ IN PLAT BGOK if, PAGE 81, WELfC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 6 FEET AND WEST 6 FEET THEREOF. ON

6 PETITION TO VACATE Case Number: VAC Petitioner(s), JEFF ROMER and WILLIAM ROMER requests the Board of County Commissioners of Lee County, Florida, to grant this Petition to Vacate and states as follows: 1. Petitioner(s) mailing address, Metro Parkwav. Fort Mvers. FL In accordance with Florida Statute (F.S.) Chapter 177 and Lee County Administrative Code (LCAC) 13-1, Petitioner desires to vacate the public s interest in the easement, plat or portion of a plat legally described in the attached Exhibit A. 3. A sketch showing the area the Petitioner desires to vacate is attached as Exhibit B. 4. Proof Petitioner paid all applicable state and county taxes is attached as Exhibit C. 5. Petitioner is fee simple title holder to the underlying land sought to be vacated 6. Petitioner did provide notice to all affected property owners concerning the intent of this Petition ki accordance with the LCAC 13-l. 7. In a~ccordance with letters, of review and recommendatibn ::provided ;~;by :v&jou& governmental and utility entities, it is apparent if the Board &ants the Petitioners req&st, it will not$&ct the ownership orright of convenient~access of persons owning@ther p&s Of the.q&division, Wherefore, Petitioner respectfully requests the::board of ~County,,:Comrnissioners~ adopt a Resolution granting the Petition to Vacate. MER and WILLIAM By: ROMER Petitioner Signature Printed Name Printed Name U:\200302\VAC \4\13-lPET.WPD

7 EXHIBIT A DESCRIPTION OF EXISTING DRAINAGE AND/OR UTILITY EASEMENT TO BE VACATED ON LOT 1 AND THE SOUTH 67 FEET OF LOT 2, BLOCK 3, UNIT 1, LEHIGH ESTATES, A 12-FOOT WIDE UTILITY EASEMENT CENTERED ON THE LOT LINE COMMON TO LOTS I AND 2, BLOCK 3, UNIT I, LEHIGH ESTATES, SECTION 30, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEHIGH ACRES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGE 81, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LESS AND EXCBPT THE EAST 6 FEET AND WEST 6 FEET THEREOF. L, ;~i!_-,:.!

8 I SURVEY PLAT I OF A PARCEL LYING IN I SECTION 30, T-44-S, R-26-E, LEE COUNV, FLORIDA. I,1 LEHIGH pk PF ESTATES A SUBDIVISION OF LEHIGH ACRES LEE COUNTY, FLORIDA _ 030 Scale: One Inch = Fifty Feet PETITION TO VACATE NO. VACZOOZ ", +" EXHIBIT "B" Page 1 of l] LOT 15 BLOCK 3

9 Petition to Vacate VAC EXHIBIT "C" Lee County Tax Collector - Print Results Real Property Information Account Tax Year Status PAID Original Account Book/Page Physical Address Mailing Address ROMER JEFF + ROMER JEFF + ROMER WILLIAM T/C ROMER WILLIAM T/C 202 WALLACE AVE N PEACHTREE BLVD LEHIGH ACRES FL PORT CHARLOTTE FL Legal Description LEHIGH ESTATES UNIT 1 BLK.3 PB 15 PG 81 LOT 1 + S 67 FT OF LOT 2 Total Amount Due as of 3/27/2003 $0.00

10 LETTER OF AUTHORIZATION TO LEE COUNTY COMMUNITY DEVELOPMENT The undersigned do hereby swear or affirm that they ara the fee simple title holders and owners of rea~rd of property common/y known as *O * Wallace Avenue and legal/y desaibed in exhibit A attached hereto. The proparty described herein is the subject of an application for zoning or development. We hereby dastgnate Al Quattrone as the /ega/ representative of the property and as.sum~?fiis individual is authorized to /ege//y bind a// owners of the property in the course of seeking the necessary approvals to develop. mis authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development appfoval on the site. This repmssntative wil! remain the on/y entity to authorize de-ve!opmenf activity on the property until such time as a new or amended authorization is delivered to Lee County. QJip4pe- Printed Name Printed Name Dwner tsrgnature) Owner- (srgnatuq Printed Name Printed Name STATE OF FLORIDA COUNTY OF LEE Sworn to (or affirmed) and subscribed before me this, who is personally known to.me~.or who has produced _._.._. ~ (Name typed, printed or stamped) *If more than one owner then all owners must sign. See explanation on back

11 Page 2 of 2 Zcomln ZcomCM Pest Fti Fti To W&h Fti To Height 1 Rotate 1 i,,,,,, 3/27/2003

12 Page 2 of 2 zocmln ZoOmCM Best R Fti To width Fe To Height 1 Rotate /27/2003

13 Florida Power 8 Light FPL December 6, 2002 Quattrone & Associates, Inc Attn: Al Quattrone 1100 Metro Pkwy, Suite 27 Ft Myers, FL Re: Vacation of Public Utility Easement - STRAP # Dear Sir: Florida Power & Light has no objection to the proposed vacation of the 12 wide public utility easement (6 on either side of the lot line) located between Lots 1 & 2, Block 3, Unit 1 in the platted subdivision known as Lehigh Estates as recorded in Plat Book 15, Page 81 of the official records of Lee County, Florida. This vacation does not include the 6 public utility easement along the East lot line or the lot lines along road right of way of Wallace Avenue and Second Street. sinczs Nathan Sederstrom Construction Services

14 December 19,2002 Quattrone & Associates, Inc. Att: Al Quattrone, P.E Metro Parkway, Suite 27 Fort Myers, FL Re: A 12-foot wide public utility and/or Drainage Easement located between lots 1 & 2, Block 3, Unit 1 in the platted subdivision known as Lehigh Estates as recorded in Plat Book 15, page 81 of the public records of Lee County, Florida. Dear Mr. Quattrone: Please be advised that Florida Water Services Corporation has reviewed the abovereferenced request for a vacation of easement. We have no objection to the vacation of easement as described above. Please call me at (407) , if you need any additional information or other assistance. Sincerely, Rachel L. Cowing Legal Secretary P.O. Box / Orlando, Florida / Phone 407/ W& fib% Fhh k-dint3

15 *! 2931 Michigan Avenue Fort Myers. Florida Phone Fax C comcast. December Quattrone & Associates, Inc C/O Al Quattrone. P.E Metro Parkway #27 Ft Myers, FL Re: Request for a letter of Review and Recommendation on a Proposed Easement Vacation of the Following Location: Lots 1 & 2, Block 3, Unit I in the platted subdivision known as Lehigh Estates. Strap No Dear Mr. Al Quattrone, Comcast has no existing utilities in the above referenced location and has no Objection with the vacation of the above referenced utility easement. Sincerely, mu Mike Evanek Design Coordinator

16 LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS (239) Writer s oircct om NWIIh Al Quattrone as agent for Owners, Jeff Romer and William Romer Quattrone & Associates, Inc Metro Parkway, Suite 27 FtNlyers,FTom~ 33Yn Re: Recommendation for proposed vacation of a 12-foot wide Drainage and/or Public Utility Easement located at 202 Wallace Ave., Lehigh Acres, Florida. (STRAP # ) VAC Dear Mr. Quattrone: This office has received your request to vacate the 12-foot wide Drainage and/or Public Utility Easement centered on the lot line common to Lots 1 & 2, Block 3, Unit 1, Lehigh Estates Subdivision, Section 30, Township 44 South, Range 26 East, as recorded in Plat Book 15, Page 81, of the Public Records of Lee County, Florida, LESS and EXCEPT the East 6-feet and the West 6-feet thereof. You indicate that by vacating the 12-foot wide Drainage and/or Public Utility Easement, it will allow a light industrial building to be constructed across the property line. Based on a review of the information provided and our subsequent research, this office has no objection to the proposed vacation. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Development Services Division Peter J. Eckenrode Director PJE/rlm U: lVAC20020.OOGI4IDBP E. / /,.,,,,1/ 1),,I, I,

17 SOUTHWEST FLORIDA 1 BOARD OF COUNTY COMMISSIONERS! Monday, February 24, 2003 Bob Jmes DlSlnCi one Mr. Al Quattrone, P.E. :??~z~ Cer Quattrone & Associates, Inc Metro Parkway, Suite 27 Fort Myers, FL Wnter s Direct (941) Dial Nurntwp~.. Re: Petition to Vacate a twelve (12) foot wide public utility easement common to Lots 1 & 2, Block 3, Unit 1, Lehigh Estates Subdivision, as recorded in Plat Book 15 Page 81, in Lee County, Florida Dear Mr. Quattrone: Based on the review of the documents submitted with your request, Lee County Division of Natural Resources has no objection to the vacation of the subject public utility easement. Should you have any questions, please call me at the above telephone number. Regards, LEE COUNTY PUBLIC WORKS DEPARTMENT Allen L. Davies, Jr. Natural Resources Division -cc: Don Blackburn, Development Services Joan Henry, County Attorney s Office Margaret Lawson, LCDOT Roland Ottolini, P.E., NRD S:\NATRES\SURFACE\DOCUMENT\vac316doc P.O. Box 398, Fort Myers. Florida (239) Internet address hnq:// AN EC),% OPPORTUNIw AFFiRMATl E ACTION EMPLOYER

18 RE: Petition to Vacate Utility Easements Romer Building 202 Wallace Avenue Lehigh Acres, Florida STRAP # O I IO Dear Reviewer: Attached please find two (2) copies of the following: I. Recorded Plat (Exhibit A); 2. Sketch showing area to be vacated and the proposed Drainage/Utility Easement (Exhibit B); 3. Proof of paid taxes (Exhibit C); 4. Title Policy (Exhibit D) 5. Aerial photo (Exhibit E); 6. Written description of easement to be vacated (Exhibit F); 7. Letters of no objection from utility providers; 8. Application fee checks totaling $ The owners are requesting approval to vacate the I2 foot wide utility easement between lots I and 2, block 3, unit I, Lehigh Estates, Section 30, Township 44 South, Range 26 East, Lehigh Acres, according to the map or plat thereof recorded in plat book 15, page 8 I, public records of Lee County, Florida, less and except the east 6 feet and west 6 feet thereof. The north and southwest side of the property. The owners of the above-mentioned lots are requesting approval to vacate the utility easement to allow a light industrial building to be constructed across the property line. Should additional information be required or if you have any questions regarding this submittal, please call me. Sincerely yours, A&uattrone, P.E.

19 March IO, 2003 Mr. Rick L. Modesitt Lee County Division of Community Development I500 Monroe Street Fort Myers, Florida 3390 I RE: Petition to Vacate Utility Easements VAC Romer Building 202 Wallace Avenue Lehigh Acres, Florida STRAP # O I IO Dear Mr. Modesitt: Please find enclosed the following documents requested in your letter dated February : I) Letter of review and recommendation from Lee County Natural Resources: 2) Per Margaret Lawson at LCDOT on 2/ no letter is required for this project; and 3) Letter of Authorization from property owners giving consent to Al Quattrone to act as agent. Should additional information be required or if you have any questions regarding this submittal, please call me. Sincerely yours,

20 February 17,2003 Al Quattrone: Re: Jeff Romer and William Romer to Vacate Public Utility & Drainage Easements VAC Dear Quattrone: The Development Services Division has reviewed the above referenced Petition and found that additional items are needed prior to further processing. These items are as follows: 1) Required letters of review and recommendation from various agencies were not presented with the original Petition. 1) Lee County Department of Transportation 2) Lee County Natural Resources Management 2) Letter of Authorization from property owner(s) giving consent to Al Quattrone to act as agent. When we receive all additional items as identified above, we will forward the Petition for scheduling the Public Hearing. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Division of Development Services Rick L. Modesitt Development Review Tech

21

22 December Mr. Al Quamone Quattrone & Associates, Inc Metro Parkway, Suite 27 Fort Myers, Florida Re: Vacation of Public Utility Easement: A 12 foot wide public utility and drainage easement Centered on the lot line common to lots 1 & 2, Block 3, Unit 1, Section 30, Township 44S, Range 26E, As recorded in Plat Book 15, Page 81, Pubic Records of Lee County, Florida. Dear Mr. Qoattmne: Sprint-Florida Incorporated has reviewed the document for the above referenced information. Based on the review, we have no objection to the vacation of a portion of a public utility easement at the Lehigh Acres loci&ll If you should require additional information, please contact me at Sincerely, ~&l+#%lzfad Wayneth Jackson Engineer