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Agenda Item: 11 |
Prepared By: Daniel J. Smith, Director |
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Business: Resolution |
Department: Community Affairs |
Subject:
Title
Resolution - Utility Easement Vacation (LV-24-000196) Request to Vacate the Utility and Drainage Easements for Property Located at 1610 Briarwood Court, Marco Island, FL 34145
Body
BACKGROUND:
PROJECT DESCRIPTION:
The request is to vacate the six-foot utility and drainage easements along each side of the common lot line between Marco Beach Unit 3, Block 81, Lot 10, and Marco Beach Unit 3, Block 81, Northern one-half of Lot 11, Marco Island, Florida. The application, survey, and utility permissions are attached.
PLANNING BOARD SUMMARY AND RECOMMENDATION
The Planning Board considered this request and held a public hearing at their November 1, 2024, meeting. There was minimal discussion and no public comment. The Planning Board voted 6-0 to forward a recommendation of approval with the conditions below:
1. Filing a unity of title with Collier County and providing a copy of the recorded unity of title to City Staff prior to recording the vacation of the easement.
2. Retaining a ten (10) foot by twelve (12) foot (10’ x 12’) (6 feet on each side of the lot line) portion of the utility easement, as measured from the front property line of back of sidewalk.
3. The Owner/Developer is solely responsible for any and all costs associated with this Drainage and Utility Easement vacation, including but not limited to the following:
a. Property surveys;
b. Professional design fees;
c. Permit costs;
d. Preparation and recording of new deeds and this resolution, including attorney fees;
e. Removal of existing ground cover;
f. Fill, loam and seed; and
g. Disposal of any and all construction debris including any and all infrastructure which may exist within the utility easement.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: Not less than two weekly issues
NOTICE APPEARANCE DATE(S): November 5 & 12, 2024
POTENTIAL MOTION: Move to approve Resolution 24-68 with the listed conditions.