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1 - 1. REOUESTED MOTION I I, ionnty Board Of County Commissioners 1 -Agenda Item Su&ary 1 Blue Sheet No ACTIONREOUESTED: Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 823 Cleveland Ave, Lehigh Acres, Florida 33972, and adopt a resolution, setting a Public Hearing for 500 PM on the 13th day of Apn.1,2004. (Case No. VAC ) WBY ACTION IS NECESSARY: To build a single-family residence on the combined three (3) lots. The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements. WHAT ACTION ACCOMPLISHES: Sets the time and date of the Public Hearing, 2. DEPARTMENTAL CATEGORY: COMMISSION DISTRICT #: 5 4. AGENDA: X CONSENT ADMINISTRATIVE APPEALS PUBLIC WALK ON TIME REQUIRFD: ~ 7. BACKGROUND: a X STA ~TUTE F.S. Ch ORI BNANCE - X ADMIN. CODE OTHER 3. MEETING DATE: 03- kcp--a(o/3c/ 6. REOUESTOR OF INFORMATION: Peter J. Eckenrode, Direct0 The completed petition to vacate, VAC was submitted by Heinz Pfuner..OCATION: Petition No. VAC proposes to vacate a 12-foot wide Public Utility Easement centered on the :ommon lot line between Lots 6 and 7, and 7 and 8; all in Block 49, Unit 1, Section 22, Township 44 South, Range 27 East, vleadowbrook Estates, a subdivision of Lehigh Acres, as recorded in Plat Book 18 at Page 164 of the Public Records of Lee Zounty, Florida; LESS and EXCEPT the easterly six feet and westerly six feet of each easement. The site is located at 823 Ieveland Ave, Lehigh Acres, Florida Documentation pertaining to this Petition to Vacate is available for viewing at the Office of Lee Cares -here are no objections to this Petition to Vacate. Staff recommends the scheduling of the Public Hearing \ttached to this Blue sheet is the Petition to Vacate, Resolution to set Public Hearing, Notice of Public Hearing and Exhibits. ;. MANAGEMENT RECOMMENDATIONS: 9. RECOMMENDED APPROVAL: RSK/ February 25,2004 S:

2 PETITION TO VACATE Case Number: Petitioner(s), PFUNER & SONS CONSTRUCTION, INC. requests the Board of County Commissioners of Lee County, Florida, to grant this Petition to Vacate and states as follows: 2. 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 aftached 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 in accordance with the LCAC 13-1, 7. In accordance with letters of review and recommendation provided by various governmental,and utility entities, it is apparent if the Board grants the Petitioner s request, it will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. Wherefore, Petitioner, respectfully requests the Board of County Commissioners adopt a F$esblMon granting the Petition to Vacate. ~; By: Petitioner Signature

3 EXHIBIT A Petition to Vacate VAC Legal Description of the Public Utility Easements to be Vacated The twelve-foot (12 ) wide Public Utility Easement centered on the common lot line between Lots 6 and 7, and 7 and 8; all in Block 49, Unit 1, Section 22, Township 44 South, Range 27 East, Meadowbrook Estates, a subdivision of Lehigh Acres, as recorded in Plat Book 18 at Page 164 of the Public Records of Lee County, Florida; LESS and EXCEPT the easterly six feet and westerly six feet of each easement. :\200402\2003,0,7.,45,,319150\LEGALSAMPLE.WPD

4 , SKETCH OF $ESCRIPTION - -% TH STREET (50 ) - SECTION 22, X * p%y&g TNLAND TOWNSHIP 44 SOUTH, RANGE 27 EAST, LEE COUNTY, FLORIDA Legal Description: Meadowbrook Estates Unit 1, I.BGEVD Blk 49, PB:lS, PG 164,Lots 6-8 w - Kw (f T+.vmm cc -Fwwm=amf strap: PI. -mt~rlmscwn %= rf+eezy I COSTA STREET (50 ) - -

5 Exhibit C Petition to Vacate VAC [Page One of One] Real Property Information ACCO t Tax Year WA PAID Original Acca n1 BOOWPW? ,4557 Physical Address Mailing Address PFUNER + SONS CONSTRUCTlON INC PFUNER + SONS CONSTRUCTION INC 823 CLEVELAND AVE P 0 BOX 1361 LEHIGH ACRES FL LEHIGH ACRES FL USA Legal OeScriplion MEADOWBROOK ESTATES UNIT 1 BLK.49 PB 18 PG 164 LOTS 6 THRU 8 Outstanding Balance as of2/ $0.00 Tax Roll~Search -Real Property Search the Lee County Tax Collector s real property records by selecting the search criteria for the tax year. Use the extensive search feature to view a broader range of data. The results to your tax search are based upon information provided to the Lee Counly Tax Collector by the Lee County Propwty Appraiser. This website should not be relied upon for a We search. Amounts doe are subject to change withoul notice due to statutory compliance (i.e. tax deed applicalion, county held tax cerlfffcafes, errors 8 insolvencies kr@cy, liligalion, View ACCO, 0 Save as File view file,cmlal.

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16 Reynaert Parcel Lots 19 and 20, Block 49, Unit 6, Section 29; Township 44 South, Range 26 East,, Lehigh Acres, according to thc:nap or,plat thereof on tile in the OffIce of the Clerk of the Circuit Court, recorded in PIat Bbok 15, Page 80, Public Records of Lee County, Florida..

17 Florich Wafer SERVICES July 31,,2003 James R. Opp 904 Lee Blvd. #102 Lehigh Acres, FL Re: A 12.foot wide utility and/or drainage easement north third of the lot line common to Lots 7 & 8, Block 49,,Unit 1 a subdivision of Meadowbrook Estates located in Lehigh Acres, Florida and A 12-foot wide utility and/or drainage easement south third of the lot line common to Lots 6 & 7, Block 49, Unit 1, a subdivision of Meadowbrook Estates located in Lehigh Acres, Florida, as recorded in Plat Book 18, Pages 164 less and except the south 6 feet and the north 6 feet thereof. Dear Mr. Opp: 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, Legal Secretq PO. Box I Orlando, Florida I Phone F 0% IQ

18 spnht, August 2,2003 Mr. James R. Opp 904 Lee Blvd., #102 Lehigh Acres, Florida Re: Vacation of Public Utility Easement: A 12 foot wide public utility and drainage easement centered on the lot line common to lots 6 & 7 and lots 7 & 8, Block 49, Section 22, Township 44S, Range 27E.a Recorded in Plat Book 18, page 164 of the Lee County Public Records. Strap No Dew Mr. Opp: 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 location. If you should require additional information, please contact me at Engineer

19 I! BLCEC PEOPLE. POWER. POSSIBILITIES. July 28,2003 Mr. James R. Opp 904 Lee Blvd. #102 Lehigh Acres, FL Re: Strap No Dear Mr. Opp: LCEC does not object to vacation of the easement described as follows: A 1%foot-wide utility and/or drainage easement centered on the lot line between Lot 6 & 7, Block 49, Unit 1, Meadowbrook Estates, as recorded in Plat Book 18, page 164, of the Public Records of Lee Colmty, Florida, LESS AND EXCEPT the east 6 feet and the west 6 feet thereof; AND A 12-foot-wide utility and/or drainage easement centered on the lot line between Lot 7 & 8, Block 49, Unit 1, Meadowbrook Estates, as recorded in Plat Book 18, page 164, of the Public Records of Lee County, Florida, LESS AND EXCEPT the easement 6 feet and the west 6 feet thereof. Please call me at if I can be of any further assistance. Sincerely, Karen Hardin Real Property Representative

20 2931 Michigan Avenue Fort Myers, Florida Phone &-Fax July 22,2003 I & E Group, Inc C/O James Opp PO box 1361 Lehigh Acres, Fl Re: Request for a letter of Review and Recommendation on a Proposed Easement Vacation of the Following Location: 823 Cleveland Av Lehigh Acres, FL Strap # Dear James Opp, Comcast has,no existing utilities in the above referenced location and has no objection with the vacation of the above referenced utility easement, If I can be of further assistance to you please do not hesitate to contact me at Design Coordinator

21 Heinz Pfuner Pfuner & Sons Construction, Inc. P.O. Box 1361, Lehigh Acres, FL Re: VAC Petition to vacate a 12-foot Public Utility Easement located at 823 Cleveland Avenue centered on the common lot line between lots 6 and 7, and 7 and 8, as recorded in Plat Book 18 at Page 164 of the Public Records of Lee County, Florida, less and except the easterly six feet and westerly six feet thereof Dear Mr. Pfuner: You have indicated that in order to build a single-family residence on the combined three (3) lots, you proposed to eliminate the Public Utility Easement located between these lots at Lehigh Acres. Based on a review of the information provided and our subsequent research, this office has no objection to the proposed vacation. Should you have any questions, please call me at the above telephone number. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Development Services Division Peter J. Eckenrode Director PJE/RSK U: \DCDLETTER.DOC

22 SOUTHWEST FLORIDA Writer s Direct Dial Number:~.. (941) ~~_~~~~ _._. ~._ Hay Judah July 17,2003 mwict Three Andrew. COY msrrict Four JOtI E. Albb msfriccf Five Donaid D. Stilweii counry Manager James G. Yaeger county Anoroey Diana M. Parker county weari g EXilmi H James R. Opp 904 Lee Blvd. # 102 Lehigh Acres, Fl submct,: Dear Mr. Opp: PETITIONTOVACATEEASEMENTBETWEENTWOPARCELS ,823'C~~~~~~~~A~~. 4 Lee County Utilities has reviewed the easement described in your letter of July 17, Lee County Utilities has no,f~~~l~~~~~~~~~~~~i~~n the easement: therefore, there is no objection to the vacation of this easement. However, you may also want to contact Florida Water Servi&& your property is located within their Utility service area. Their phone number is (239) Should you have any questions, or require further assistance, please do not hesitate to contact our office at Sincerely, LEE COUNTY UTILITIES Mary McCormic Senior Engineering UTILITIES Tech. ENGINEERING P.O. 130x398, Fort Myers, Florida (239) 335R111 Internet address AN EOUAL OPPORTIINITY AFFI MA1, L ACTlON EMPLCYFH

23 Page 1 of 1 Ruth Keith Cleveland Ave. From: To: Date: Subject: Julie Cavanaugh <julie@ie-florida.com> <rkeith@leegov.com> 2/25/ :12 PM 823 Cleveland Ave. Ruth, Purpose is to combine two (2) lots into one for future building site of a Single Family Home Strap # Lots 6 thru 8 Block 49 Street address: 823 Cleveland Ave, Lehigh Acres, FI Please feel free to call or me if you have anymore questions. Thank you, Julie Kirchmeyer I&E Homes, Inc file://c:\documents%20and%20settings\keithrs\local%2osettings\temp\gw}00002.htm 2/25/2004

24 SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS Wednesday, February II,2004 Writer s Direct Dial Number: (941) Douglas R. St. cerny miric* TWO Mrs. Julie Kirchmeyer Ray Judah District nlrce P.O.Box 1361 Lehigh Acres, FL Andrew w. coy Disfrict FD, Re: Petition to Vacate several twelve (12) foot wide public utility 8 drainage Jot E. AlbiD DiSWid Five easements common to Lots 6,7, & 8, Block 49, Unit 1, Lehigh Acres Donald D. Stilwell Subdivision, as recorded in Plat Book 18 Page 164 in the public records, county Ma ager Lee County, Florida. ~~~~~ M. parker Dear Mrs. Kirchmeyer: county h eariog E*aM W 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 and drainage 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\vac41l.doc P.0. Box 398, Fort Myers, Florida (239) Internet address AN EQUAL CJPPORNNITY AFFIRMATIVE ACTION EMPL.OYER

25 Writer s Direct Dial Numbwp August 8,2003 Mr. James R. Opp I&E Group, Inc. 904 Lee Blvd., #IO2 Lehigh Acres, FL RE: Petition to Vacate the 12 wide drainage and utility Easements on the lot line common to Lots 6 and 7, ; And Lots 7 and 6,; Block 49, #Unit l,,lehigh Acres Dear Mr. Opp: Lee County Department of Transportation has reviewed your request to vacate the above described easements recorded in Plat Book 18, page 164. DOT has no facilities within the easements and does not maintain them. Therefore, DOT has no objection to this petition to vacate as proposed. Yours very truly, RANSPORTATION S,MG/JMI<:m!b Director S:~DOCUMENl7PetiBon ToVacate\2003\Lots S&7 and 71&8 Lehigh - Oppdoc P.O. Box398, Fort Myers, Florida (239) 335~~2111 Internet address *PI EQUAL OPPORTUNrrY AFFlRMATl E AcmON EMPLOYER

26 NOTICE OF PUBLIC HEARING FOR PETITION TO VACATE TO WHOM IT MAY CONCERN: Case Number: VAC Notice is hereby given that on the 13th air of Anri.1. XXM w:oo PM in the County Commissioners Meeting Room, Old Lede County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida, 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 tp $&g@.,&~$gzg~~#&.,2@@ ~-#;,~~~~~-~~~~~~,of the Petition to Vacate is on file in the Office of the Clerk of the Circuit Cg&@@&se County, Florida, Minutes Office, 2115 Second Street, Fort Myers, Florida. &8@;y& sq; * i;!q::: ;;ii_i_ >zx,i$ 981 % 81 s,,.ij:s, %a ::g, :::g ki: Ei,ji,i :,,,,,:,-,,a:~,:-,,j,,,. J:?ad;;; asea &Q@,_( -; : ~~~~~~~~~~~ ~;i$+sl;;;;,;;e& Please Print Name APPROVED AS TO FORM County Attorney Signature Please Print Name U:\200402\ \13,9,50\13-,PH.WPD

27 EXHIBIT A Petition to Vacate VAC Legal Desc ription of the Public Utility Easements to be Vacated The twelve-foot (12 ) wide Public Utility Easement centered on the common lot line between Lots 6 and 7, and 7 and 8; all in Block 49, Unit 1, Section 22, Township 44 South, Range 27 East, Meadowbrook Estates, a subdivision of Lehigh Acres, as recorded in Plat Book 18 at Page 164 of the Public Records of Lee County, Florida; LESS and EXCEPT the easterly six feet and westerly six feet of each easement.!,:\ \ \legalsample.wpd

28 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 orvacate 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 County, Florida, as follows: RESOLVED by the Board of County Commissioners of Lee Please Print Name Please Print Name APPROVED AS TO FORM County Attorney Signature Please Print Name U:\200402\ \131915O\RESOTOPH.WPD

29 EXHIBIT A Petition to Vacate VAC Legal Desckiption of the Public Utility Easements to be Vacated The twelve-foot (12 ) wide Public Utility Easement centered on the common lot line between Lots 6 and 7, and 7 and 8; all in Block 49, Unit 1, Section 22, Township 44 South, Range 27 East, Meadowbrook Estates, a subdivision of Lehigh Acres, as recorded in Plat Book 18 at Page 164 of the Public Records of Lee County, Florida; LESS and EXCEPT the easterly six feet and westerly six feet of each easement. U:\200402\ \ \LEGALSAMPLE.WPD

31 LETTER OF AUTHORIZATION TO LEE COUNTY COMMUNITY DEVELOPMENT The undersigned do hereby s r or afirm that ey re the fee sim le title holders and owners of record of property commonly known as i C~I(~P g 4 &I R i bi;c, (, &fcfi and legally described in exhibit A attached hereto. \,,7?Ie rspa described rem IS thesubjectofan application forzoning ordevelopment. We herebydesignate -y,r;,, i,-. g t f- f-h(;n,,,,^ as the legal representative of the property and as such, this individual is authorized to legally bind a// owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation ofapplications, plans, surveys, andstudiesnecessaryto obtain zoning anddevelopmentapproval on the site. This representative will remain the only entity to authorize development activity on the propetiy until such time as a new or amended authorization is delivered to Lee County. Owner*(signature) Printed Name Printed Name Owner*(signature) Printgd Name Printed Name Owner*(signature) Owner*(signature) Printed Name Printed Name STATE OF FLORIDA COUNTY OF LEE oath. affirmed) and subscrib before me this 2 kjl.t day, who is;@~&~~j; as identification and who did (did not) take an (SEAL) HAVACATIONUDSOI K.WPD

LEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY BLUE SHEET NO:

-5 LEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY BLUE SHEET NO: 20030410 I, REQUESTED MOTION: ACTION REQUESTED: Accept a petition VAC2003-09013 to vacate a twelve-foot Public Uti!ity Easement