Lee C by Board Of -Agenda Iter

1. 1

ACTION REQUESTED/PURPOSE: Accept a Pe. _ . _ .._. -- _-.I. - Right-of-Way at 6323 St. Andrew Cn-cle S., Fort Myers, located off of McGregor Blvd., and adopt a resolution setting a Public Hearing for 5:00 PM on the 26th day of APT i 1 ,2005. (Case No. VAC2004-00023)

2. WHAT ACTION ACCOMPLISHES: To construct a porch addition and re-roof to an existing single-family dwelling unit built in 1971. The existing structure is partially situated in the 50-foot IDD Canal easement. The vacation will not alter existing drainage conditions and the easement is not necessary to accommodate any future drainage and canal maintenance requirements.

3. MANAGEMENT RECOMMENDATION: N/A

Administrative Commissioner

The completed petition to vacate, VAC2004-00023 was submitted by James F. & Sarah Jane Kaserman.

LOCATION: The site is located at 6323 St. Andrew Circle S., Fort Myers, FL 33919 and its strap number is 03-45-24- OY-0000C.0100. Petition NO. VAC2003-00023 proposes to vacate a portion of the 50-foot IDD Canal L-l Right-of-Way, containing 780 square feet more or less, Lot 10, Block C, a subdivision of McGregor Gardens, Section 3, Township 45 South, Range 24 East, as recorded in Plat Book 10, Pages 112 of the Public Records of Lee County, Florida,

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 and Exhibits,

10. Review for Scheduling:

-Deferred

U:I200503\20040503.163\2144330WEWBLUESHE

Human / -

/’

NOTICE OF PUBLIC HEARING FOR PETITION TO VACATE

Case Number: VAC2004-00023

TO WHOM IT MAY CONCERN:

NOTICE is hereby given that on the 26th day Of April 2005 @5: 00 PM in the County Commissioners’ Meeting Room, Old Lee 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, abandoning, closing and discontinuing the public’s interest in the right-of-way or portion of a right-of-way, 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.

&,~yc$~ wishing to appeal the decision made by the Board with respect to any ~atj;~~~~~~~ered at this meeting will need a record of the proceeding forsuch appeal, and ~~~~~~~~~:~~:~batirn record, to include all testimony and evidence upon which the appeal i~~~~~~~~~~~~d,

Please Print Name

APPROVED AS TO FORM

County Attorney Signature

Please Print Name

U:\200409\20040503.163\2144330\13-8PH.WPD

: 13591 McGregor Blvd. : Suite 19 . Fort Myers, FL 33919 : SandHLandSurvey@aol.com .

LEGAL DESCRIPTION:

Area of the IDD Canal to be vacated in Lot 10, Block C, McGregor Gardens as

recorded in Plat Book 10, Page 112 of the Public Records of Lee County, Florida.

Commencing at the Northeast corner of Lot 10, thence run S 89”05’40” W, 89.60

feet along the North line of said lot; thence run S OO”54’20~V E, 9.50 feet to the

Northv&st:::corner of the house on said lot and the Point of Beginning; thence

continue_‘~:,00”54’20” E, 60.00 feet along the rear line of said house; thence run S

8~.~~5~401”~~~~:~~~~~j~~O feet; thence run N OO”54’20” W 60.00 feet; thence run N

taco 8@~iJ5’401!~~~~ f&)6 feet to the Point of Beginning.

Containing780 square feet more of less. :~ ,~~

Exhibit “A” Petition to Vacate VAC2OWOW3 [Page One of One]

RESOLUTION NO. TO SET PUBLIC HEARING FOR PETITION TO VACATE Case Number: VAC2004-00023

WHEREAS, a Petition to Vacate was filed with the Board of County Commissioners; and

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 RESOLVED by the Board of County Commissioners of Lee County, Florida, as follows:

Please Print Name Please Print Name

APPROVED AS TO FORM

County Attorney Signature

Please Print Name

U:\200409\20040503.163\2144330\RESOTOPH.WPD

: 13591 McGregor Blvd. : Suite 19 . Fort Myers, FL 33919 : SandHLandSuwey@aol.com

LEGAL DESCRIPTION:

Area of the IDD Canal to be vacated in Lot 10, Block C, McGregor Gardens as

recorded in Plat Book IO, Page 112 of the Public Records of Lee County, Florida.

Commencing at the Northeast corner of Lot 10, thence run S 8905’40” W, 89.60

feet along the North line of said lot; thence run S OO”54’20” E, 9.50 feet to the

North@&corner of the house on said lot and the Point of Beginning; thence

continue:S’:00.~54’20” E, 60.00 feet along the rear line of said house; thence run S ~. ,G.~ ~~, ~~~~~~: ;,:~

8:9”05~~~~~~j’~1zS0 feet; thence run N 0034’20” W 60.00 feet; thence run N

:‘:: 8s~o5~~~~~;~~l’~,~~a feet to the Point of Beginning.

,~ ‘: Containin@ square feet more of less.

LEE COUNTY SOUTHWEST FLORIDA

PETITION TO VACATE (AC 13-8)

Case Number: VAC2004-00023

Petitioner(s), James F. Kaserman and Sarah Jane Kaserman

requests the Board of County Commissioners of Lee County, Florida, to grant this Petition to Vacate and states as follows:

.I. Petitioner(s) mailing address, 6323 St. Andrews Circle South, Fort Myers, FL 33919

2. In accordance with Florida Statute (F.S.) Chapter 336 and Lee County Administrative Code (LCAC) 13-8, Petitioner desires to vacate, abandon and discontinue the public’s interest in the right-of-way or portion of right-of-way legally described in the attached Exhibit “A”.

3. A sketch showing the area(s) the Petitioner desires to vacate is attached as Exhibit “B”.

4. Notice concerning the intent of this Petition will be provided in accordance with LCAC 13-8.

5. In accordance with letters of review and recommendation provided by the various governmental and utility entities, there is no apparent impediment to granting Petitioner’s request.

Wherefore, Petitioner respectfully requests that the Board of County Commissioners adopt a Resolution granting the Petition to Vacate.

James F. Kaserman Printed Name

Sarah Jane Kaserman Printed Name

NOTE: This is a legal document and is therefore not available in Word Perfect format.

(Updated 06/07/04) P:\WEBPage\...\Vacatian Application.wpd Page 4 of 7

: 13591 McGregor Blvd. : Suite 19 . FortMyers, FL 33919 : SamlHLandSurvey@aol.com .

LEGAL DESCRIPTION:

Area of the IDD Canal to be vacated in Lot 10, Block C, McGregor Gardens as

recorded in Plat Book IO, Page 112 of the Public Records of Lee County, Florida.

Commencing at the Northeast corner of Lot 10, thence run S 89”05’40” W, 89.60

feet along the North line of said lot; thence run S OO”54’20” E, 9.50 feet to the

North$&&xner of the house on said lot and the Point of Beginning; thence

continue:~:i,~~~“54’20” E, 60.00 feet along the rear line of said house; thence run S

239,‘@?3@.$~~ :$$.(30 feet; thence run N OO”54’20” W f33.01) feet; then= run N

~,I~~, 89”05~~,~,~~~~~~:~~~0 feet to the Point of Beginning.

.~~ ContainingI:;r88 square feet more of less.

Boundary & Location & Ho Updated Survey 10/13/04 Wised 12/04/04 to show area of IDD Canal trJ be. vacated

Subject Property Located fin FEMA Flood Zone: R Panel: 12EP211*~03e5-c Dated: 11-4-Y%

,\

6323 St. Andrew Circle Ft. Myers, Fl. 33919

.EGAL DESCRIP~TION:

.ot ,IO, Block C, McGregor Gardens, a abdivision according to tile map or llat thereof on file and'rccurded in

Exhibit “B” Petition te Vacate VAC2003-00023 PageOneofOni]

Exhibit “CT” Petition to Vacate VAC20W00023

[Page One of One]

Lee County Tax Collector - Print Results

Real Property Information

0%45-24-09-0000C.0100 Oris$nal Account 03-4%24-09-0000c.0100

Tax Year 2004 BooWPage 1799/l 928

status PAID

FORT MYERS FL 33919 FORT MYERS FL 339 USA

Legal Desccription MCGREGOR GARDENS f3LK.C PB IO PG 112 LOT IO

9 Coplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.

n Print your name Qnd address on the reverse so that wa can return the card to you.

m Attach this card to the back of the mailpiece, or on the front if space permits.

January 20,2004

Mr. & Mrs. Richard L. Miller 6321 St. Andrews Circle, S. Fort Myers, FL 33919-1719

Dear Dick and Ellie :

As you have no doubt noticed, we are remodeling our home since we have decided to remain in this house the rest of our lives. The five-year plan we developed included the replacement of all windows, complete with hurricane storm panels, replacement of all exterior doors to include storm panels. The next step was to install a 166-mph Dade County rated garage door. We are now at the step of completing the updating of both the exterior and interior of our home to include, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to yours, we decided, after the flooding last summer to your house, to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch permitted in 1986 (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at ~~~l?]/!~7.lcepa.oig) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 12’ wide x 63’ long. This right of way has never been utilized since we have lived here as all utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch from the opposite side of the ditch on the back side of our property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion we request would not negatively impact Lee County or any utility operations regarding this IDD Canal L-l or utility lines on opposite side of canal.

We intend to submit a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the IDD Canal L-1 easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the remodeling of our home insuring a rectangular metal roof over.

We have included a sketch or drawing of the portion of the IDD L-l canal right-of-way easement we desire to vacate. We wanted to notify you of our petition to vacate a portion of the canal right of way to complete the remodeling of our house and to achieve a rectangular pitched roof over the entire structure.

\ ! *, . .’

lf you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at S%;uperK@iung~L~~oP~

Sincerely yours,

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

STRAP 03-4%24-09-0000C.0100

i tem 4 if . Complete items 1, 2,:and 3..Also complete

Restricted D@jiyery isiclesired. n Print your name and address on the reverse

so that we can retturn the card to you. n Attach this card to the back of the mailDiece.

January 20; 2004

Mr. & Mrs. William Meehan 6325 St. Andrews Circle, S. Fort Myers, FL 33919-1719

Dear Bii and Gulia:

As you have no doubt noticed, we are remodeling our home since we have decided to remain in this house the rest of our lives. The five-year plan we developed included the replacement of ah windows, complete with hurricane storm panels, replacement of all exterior doors to include storm panels. The next step was to install a 166-mph Dade County rated garage door. We are now at the step of completing the updating of both the exterior and interior of our home to include, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to the Millers, we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch permitted in 1986 (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at &x~~.~~!e~~~o~) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 12’ wide x 63’ long. This right of way has never been utilized since we have lived here as all utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch from the opposite side of the ditch on the back side of our property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion we request would not negatively impact Lee County or any utility operations regarding this IDD Canal L-l or utility lines on opposite side of canal.

We intend to submit a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the IDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the remodeling of our home insuring a rectangular metal roof over.

We have included a sketch or drawing of the portion of the IDD L-l canal right-of-way easement we desire to vacate. We wanted to notify you of our petition to vacate a portion of the canal right of way to complete the remodeling of our house and to achieve a rectangular pitched roof over the entire structure.

\ \ i i

If you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at SunerK@uno.com

Sincerely yours,

James F. and Sarah Jane Kaserrnan 6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

STRAP 03-45-24-09-0000C.0100

SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS 239 479-8585

Writer’s Direct Dial Number:

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle S., Fort Myers, FL 33919

Re: VAC2004-00023 - Petition to Vacate a portion of IDD Canal L-l Right-of Way located at 6323 St. Andrews Circle S., Fort Myers situated on Lot 10 as recorded in Plat Book 10 at Page 112 of the Public Records of Lee County, FL

Dear Mr. & Mrs. Kaserman:

You have indicated that in order to construct a porch addition and re-roof to an existing single family dwelling unit built in 1971, which in part the existing structure in rear is situated in the 50-foot IDD Canal easement, you desire to eliminate a portion of IDD Canal Right-of-Way. You should be aware, however that the Board of County Commissioner’s approval of this petition will only extinguish the rights of the public to use the right-of-way. Private rights of use may still remain. This means that certification of fee ownership in the area being vacated will be required prior to issuance of any building permit(s) within that area of the easement as it presently exists, occupied or otherwise.

Based on a review of the information provided, our subsequent research and findings, 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

P.0. Box398. F&Myers, Florida 33902.0398 (239) 335.2111 Internet address http:llwww.lee-county.com

AN EQUAL OPPORTUNlTYAFFlRMATlVE ACTION EMPLOYER

LEE COUNTY ’ SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle S., Fort Myers, FL 33919

239 479-8585 Writer’s Direct Dial Number:-_-~

Re: VAC2004-00023 - Petition to Vacate a portion of IDD Canal L-l right-of way located at 6323 St. Andrews Circle S., Fort Myers situated on Lot 10 as recorded in Plat Book 10 at Page 112 -113 of the Public Records of Lee County, FL

Dear Mr. & Mrs. Kaserman:

This letter will serve as a purpose to waive the requirement for a letter from Florida Department of Transportation (FDOT), which is required under Administrative Code 13-8, F.S. Chapter 336. The strap number of the subject parcel is 03-4524-09-0000C.0100.

Since this Petition to Vacate request entails a portion of an IDD Canal located at subject rear property, and there is no portion of State roads and/or right-of-ways involved to be vacated, Department of Community Development believes that it is appropriate to waive the requirement for a letter from FDOT.

If you have further questions, please let us know.

Sincerely,

DEPARTMENT OF COMMUNITY DEVELOPMENT Development Services Division

Director

PJElRSK

U:1200407\20040503.16312144330lDCDLETTERTER.DOC

P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 335.2111 Internet address http:liwww.lee-countcorn

AN EQUAL OPPOP.T”NlTY AFFIRMATIVE ACl’lON EMPLCJYEH

James F. & Sarah Jane Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 339194719

April 21, 2004

TO: Mr. Don Blackburn, Development Services

RE: Possible Common Sense Resolution of Problem involving a request for limited partial IDD Canal L-l easement vacation at rear of 6323 St. Andrews Circle, S., Fort Myers, FL 33919-1719 to include only the rectangular structure of the building addition as proposed.

STRAP 0345-24-09-OOOOC. 0100

Initial Building Permit No. (Front Half): RES2003-12145

We are seeking your consideration and input to complete the remodeling of the back portion of our home which includes only allowing an additional 216 square feet (12’ x 18’) above that portion of the existing house that is already within the IDD Canal L-l easement. We don’t want to file for a full easement vacation as has been suggested since we are only interested in completing the back of our house which; for the most part, has been located in the easement area since 1971. We don’t seek to eliminate any county access to maintain this ditch.

In an era of making judgments based upon performance, we decided to complete the remodeling of our existing front half of the house as permitted by current permit no. RES2003-12145 to clearly show each of you the excellence of our efforts and to indicate the high level of quality workmanship we have employed in creating an outstanding house as indicated by the photos enclosed. You will note that we were permitted to roof over the existing structures that have been located in the drainage easement since 1971 under the current building permit.

Prior to Remodeling After Phase 1

Also attached please find the floor plan of our home taken from the Lee County Property Appraiser’s web site as well as the Appraisal Details upon which Lee County uses to levy taxes upon our residence. You will note that all the highlighted areas in yellow have been located within the IDD Canal L-l easement since at least 1971 except for a brick patio we added in 1999 and 216 sq feet (Wx18’) at the north end of the back of the structure (indicated by cross lines) that we want to add in order to “square up” our home to have all rooms under one sloped metal roof. This means that for 33 years the previous owner and we have been paying taxes for this portion of our home that lies within the Drainage easement in question.

As you can see by the photographs taken of the area in question during March of this year, the Lee County DOT does an excellent job of maintaining the existing drainage canal with state of the art equipment. You will further note that a vehicle right of way exists and is utilized on the left side or west side (facing North) of the existing drainage canal. Our home is on the right side of these photos and is marked for your convenience.

The right of way on the house side of the canal has never been utilized since we have lived here as all utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch from the opposite side of the ditch on the back side of our property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion resuired to “square off” our structure we reauest would not necgativelv impact Lee Countv or any utilitv operations reaardina this IDD Canal L-l or utilitv lines on opDosite side of canal. Since Auaust of 1985. no work has ever been done bv the countYI state, or any utilitv on the house side of the drainaae ditch. All work and easy access for trucks, etc. are on the other side of the drainaae ditch. In tJIe past 19 vears we have lived in this house. the countv has maintained the ditch in an outstandina manner and the utilities have actually installed new Dower poles, cable TV. and telephone lines without ever comina onto the fenced side of our lot where the house is located. So there would be no detriment to the public or the county regarding the vacation of this portion of the drainage easement. We, by living c/o.sesf to and depending to the greatest extent upon the functioning of this drainage ditch have the most fo lose if our

request were to have a negative impact. We bofh appreciafe and applaud the efforts of fhe LDOT in this regard over the years and appreciate the true value of a functioning drainage canal!

We have owned and occupied this house sinceAugust of 1985. We determined five years ago to remain in this home for the rest of our lives. In anticipation and to make this house safe by meeting hurricane code we had installed all new windows and outside entry doors along with storm panels for all windows and doors. We then had a new 166 mph Dade County certified garage door installed. To complete the updating of the structure, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to our next ,‘ddor our neighbors (whose similar roofs had leaked in rainstorms), we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch permitted in 1986 (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at http:llwww.leepa.~) is currently and has been in the portion of the right of way that we are requesting to be waived to allow us to complete the back portion of our house.

Our neighbors are very supportive of our project. They are anxious for us to complete the back half of the house. We had notified the adjacent property owners, via certified mail, return receipt, of our intentions before we began construction. As noted, they are all anxious for the project to be completed.

The intent of this communication and photos is to seek a “common sense” solution as to how we can be permitted to complete our remodeling project. By contacting each person who might be helpful, we also have sent this letter to everyone who has had knowledge of our project since its’ beginning last November 2003.

If we cannot find a common sense solution to both complete our house and to insure that we can maintain the excellent drainage and utilities easement you maintain, while allowing us to simply “square up” and complete our home, then we intend to submit a Formal Petition and required documents to the Lee County Board of Commissioners seeking to partially vacate the public interest in the IDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the remodeling of our home insuring a rectangular metal roof over.

We are attaching various photos and documents as well,

If we can answer any questions or physically show you or one of your representatives around the property, please don’t hesitate to phone us either at

,,

(239) 939-4845 or on our ‘cell phone at (239) 823-7824. Our home email his aperK@,iuno.com my phone number at Mariner High School is (239) 772-3324.

We look forward to hearing from you soon so that we can complete this project assoonaspossible. A

‘, Respectfully submitted,‘, ”

James F. and Sarah Jane Kaserman

Only New Addition Requested within Easement

Page 1 of 1

We are seeking your consideration and input into how we can complete the remodeling of the back portion of our home which includes only allowing an additional 216 square feet (12’ x 18’) above that portion of the existing house that is already within the IDD Canal L-l easement.

http://www.leepa.org/dotnet/FloorPlan/FloorPlanGen~rator.aspx?FolioId=1O187618&Buildi... 2/5/2004

100 Single Family Residential,,,,,

83.00 Front Feet

1 - sinale familv residential 3 2

1 - single family residential 1 1971

FINISHED ENCLOSED PORCH (FEP) 1971 188 , I

FINISHED GARAGE (FGR) 1971 504

SHED - FRAME WI FLOOR 1980 112.00

S 00’ 54’20” UJ

I /

I 40:

BT. t4NDREW CIRCLE

7- NT BOUNDRT SURVEY LOT I0 BLOCK C MC GREGOR GARDENS F=TS le, f=&ES 112 - 113 IN SECTION 3,THS5RZ4E LEE COUNTY, FLORIDA

MC Gw G OR GM-ENS pL~~::?:z’o

A SU5DIVISION IN THE~z5.E.t OF SEC.3,T.45S.,R.24E. LEE COUNTY FLORIDA

Scale: I inch- 100ft. rlEsrDI”T,Ok! Sheet 1 of 2 Sheets

October, 1957

DEDICATION

April 30,2004

Mr. Peter J. Eckenrode Lee County Development Services 1500 Monroe Street, 2”” Floor Fort Myers, FL 33901-5500

RE: Request for limited partial IDD Canal L-l, easement vacation at rear of 6323 St Andrews Circle, S., Fort Myers, FL 33919-1719 STRAP 03-45-24-09-0000C.0100

Dear Mr. Eckenrode:

We intend to submit a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the IDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the remodeling of our home insuring a rectangular metal roof over.

We have owned and occupied this house since August of 1985. We determined five years ago to remain in this home for the rest of our lives. In anticipation and to make this house safe by meeting hurricane code at that time we had installed all new windows and outside entry doors along with storm panels for all windows and doors. We then had a new 166 mph Dade County certified garage door installed. To complete the updating of the structure, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal rooting materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to our next door our neighbors (whose similar roofs had leaked in rainstorms), we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch permitted in 1986 (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at http:/lwww2&pa~g) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 12’ wide x 63’ long. This right of way has never been utilized since we have lived here as all utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch from the opposite side of the ditch on the back side of our property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion we request would not negatively impact Lee County or any utility operations regarding this RID Canal L-l or utility lines on opposite side of canal.

We have included a sketch or drawing of the portion of the IDD L-l canal right-of-way easement we desire to vacate. Please provide us with a letter of review and a recommendation so we can proceed with our Petition submittal. If you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at &!~~@.unu~~m

6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

STRAP 03-45-24-09-0000C.0100

Florida Power & Light Company, 15834 Wink?r Rd., Ft. Myers, FL. 33908 Phone: (239) 415-1315 Fax: (239) 415-1350

June lo,2004

James F. & Sarah Jane Kaserman 6323 St. Andrews Circle South Fort Myers, Florida 33919

RE: Proposed partial vacation of IDD Canal L-l, STRAP #03-45.24-09-0000C.0100 6323 St. Andrews Circle South

Dear Mr. & Mrs. Kaserman:

Florida Power & Light Company has no facilities located within the proposed East thirteen foot (13’) partial vacation of the above referenced 50’ IDD Canal easement. Therefore, we have nozobj&tion ib this proposal.

If you have any questions 01 concerns, please call me at (239) 415.1315.

Sincerely,

Customer Project Manager

B” FPL Group company

May 11,2004

Mr. Nathan Sederstrom Florida Power & Light 15834 Winkler Road Fort Myers, FL 33908

RR: Request for a letter of Review and Recommendation on proposed partial easement vacation -Petition to Vacate a 13’ easterly portion of TDD Canal L-l right of way located at 6323 St. Andrews Circle, S., Fort Myers situated on lot 10 as recorded in Plat Book 10 at Page 112-113 of the Public Records of Lee County, FL

STRAP 03-45-24-09-0000C.0100

Dear Mr. Sederstrom:

We have submitted a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the 13’ easterly portion in the lDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the “squaring up” of our home insuring a rectangular metal roof over. As you will note in the pictures attached, this vacation will not affect your company’s access but; will simply allow us to square up the house to that section of the house that has historically been within this easement since 1971.

We have owned and occupied this house since August of 1985. We determined five years ago to remain in this home for the rest of our lives. In anticipation and to make this house safe by meeting hurricane code at that time we had installed ail new windows and outside entry doors along with storm panels for all windows and doors. We then had a new 166 mph Dade County certified garage door installed. To complete the updating of the structure, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to our next door our neighbors (whose similar roofs had leaked in rainstorma), we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at httn://www.leeoa.org) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 13’ wide x 63’ long. As you can see by the photos on the attached documents, this right of way on the easterly side of the drainage ditch has never been utilized since we have lived here as ail utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch and utility poles from the opposite side of the ditch on the back side of our

property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion we request would not negatively impact Lee County or any utility operations regarding this IDD Canal L-l or utility lines on opposite side of canal.

We have included a sketch or drawing of the portion of the IDD L-l canal right-of-way easement we desire to vacate. Please provide us with a letter of review and a recommendation so we can proceed with our Petition submittal. If you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at SuperK@,iuno.com

Sincerely yours,

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

Photo of IDD Canal L-l, looking North. Ah utilities, access road, and drainage canal are opposite of the 13’ partial vacation requested for house on easterly side. Clearly, no limitation of access will occur with this partial vacation. Note LCDOT Ditch machine working in canal. Trucks use the access on westerly side (left)

P. 0. Box 370 Fort Myers, FL 33902-0370

May lit", 2004 Mr. & Mrs. Kaserman 6323 St. Andrew Circle, S. Fort Myers, Fl. 33919-1719

Re: Petition to partial easement vacation utility easement. Sprint has no objection in vacating the proposed easement. The Easement between lots 9 & 10 McGregor Gardens, Bl.ock C, PBlO PG112 LotlO. in the Public Records of Lee county, Florida. strap number for Parcel 03-45.24-09-0000c.0100

In reviewing this request, Sprint has no objection to this vacation of said easement between lots 9 & 10 as requested.

If you have any Questions please advise; Ron Wilhelm 239-336-2123

Call for locates to verify 1-800-432-4770 ALL CLEAR Prior to construction.

Sincerely,

Ronald H. Wilhelm

co

LRE; 2004-00023

May 11,2004

Mr. Rick Twitchell Mailstop FLFTMJZOIOS SPRINT UNITED TELEPHONE OF FLORIDA 2820 Cargo Street Fort Myers, FL 33916

RE: Request for a letter of Review and Recommendation on proposed partial easement vacation -Petition to Vacate a 13’ easterly portion of IDD Canal L-l right of way located at 6323 St. Andrews Circle, S., Fort Myers situated on lot 10 as recorded in Plat Book 10 at Page 112- 113 of the Public Records of Lee County, FL

STRAP 03-45-24-09-0000C.0100

Dear Mr. Twitchell:

We have submitted a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the 13’ easterly portion in the IDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the “squaring up” of our home insuring a rectangular metal roof over. As you will note in the pictures attached, this vacation will not atfect your company’s access but; will simply allow us to square up the house to that section of the house that has historically been within this easement since 1971.

We have owned and occupied this house since August of 1985. We determined five years ago to remain in this home for the rest of our lives. In anticipation and to make this house safe by meeting hurricane code at that time we had installed all new windows and outside entry doors along with storm panels for all windows and doors. We then had a new 166 mph Dade County certified garage door installed. To complete the updating of the structure, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to our next door our neighbors (whose similar roofs had leaked in rainstorms), we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at http://www.leepa.org) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 13’ wide x 63’ long. As you can see by the photos on the attached documents, this right of way on the easterly side of the drainage ditch has never been utilized since we have lived here as an utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch and utility poles from the opposite side of the ditch on the back side of our

property as indicated in the plat plan for McGregor Gardens subdivision. Vacation of the small portion we request would not negatively impact Lee County or any utility operations regarding this IDD Canal L-l or utility lines on opposite side of canal.

We have included a sketch or drawing of the portion of the lDD L-l canal right-of-way easement we desire to vacate. Please provide us with a letter of review and a recommendation so we can proceed with our Petition submittal. If you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at SuuerK@iuno.com

Sincerely yours,

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

STRAP 03-45-24-09-0000C.0100

Photo of XDD Canal L-l, looking north. All utilities, access road, and drainage canal are opposite of the 13’ partial vacation requested for house on easterly side. Clearly, no limitation of access will occur with this partial va Ditch machine working in canal. Trucks use the access on wes

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c comcast 26930 Old US 41 Bonita Springs, FL 34135 Phone: 239-732-3805 FAX: 239-498-4483

June Il. 2004

James & Sarah Kaserman 6323 St Andrews Cr S. Ft Myers, Fl 33919-1719

Re: 6323 St Andrews Cr S. Vacate easement

Dear James & Sarah Kaserman:

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 732-3805.

Cordially,

Mark Cook Design Coordinator

c comcast 301 Tower Rd. Naples, FL 33916 Phone: 239-732-3805 FAX: 239-498-4483

May 14,2004

James F. Kaserman 6323 St. Andrews Circle S. Fort Myers, Florida 33919-1719

Re: 6323 St. Andrews Circle S.

Dear James F. Kaserman: This letter will serve to inform you that COmCaSt has no objection to your

proposed vacation of the address referenced above. Comcast is not in your area.

Should you require additional information or assistance, please feel free to contact me here at 732-3805.

Cordially,

/m,

Mark Cook Design Coordinator

!,,(

May 11,2004

Ms. Lucia Vera COMCAST CABLEVISION 301 Tower Road Naples, FL 34113

RE: Request for a letter of Review and Recommendation on proposed partial easement vacation -Petition to Vacate a 13’ easterly portion of lDD Canal L-l right of way located at 6323 St. Andrews Circle, S., Fort Myers situated on lot 10 as recorded in Plat Book 10 at Page 112- 113 of the Public Records of Lee County, FL

STRAP 03-4%2409-0000C.0100

Dear Ms. Vera:

We have submitted a Petition to the Lee County Board of Commissioners seeking to partially vacate the public interest in the 13’ easterly portion in the lDD Canal L-l easement at the rear of our property at 6323 St. Andrews Circle, S. (Lee County) Fort Myers, FL in order to complete the “squaring up” of our home insuring a rectangular metal roof over. As you will note in the pictures attached, this vacation will not affect your company’s access but; will simply allow us to square up the house to that section of the house that has historically been within this easement since 1971.

We have owned and occupied this house since August of 1985. We determined five years ago to remain in this home for the rest of our lives. In anticipation and to make this house safe by meeting hurricane code at that time we had installed all new windows and outside entry doors along with storm panels for all windows and doors. We then had a new 166 mph Dade County certified garage door installed. To complete the updating of the structure, we decided to replace the existing shingle, low hip roof with a roof over that would incorporate the latest in metal roofing materials and appropriate trusses that would meet new hurricane and building codes. Since we had an existing flat roof addition and screen porch similar to our next door our neighbors (whose similar roofs had leaked in rainstorms), we decided to simply “square up the structure” to include having a roof covering a rectangular shape consistent with the house dimensions and complete remodeling of the interior. The area of the flat roofed section and screen porch (A photo of which, taken in August, 2003 is shown on the Lee County Property Appraiser web site at httn://www.leepa.org) is currently in the right of way that we are requesting be vacated. We are only asking that this existing structure and a small area necessary to complete the rectangular shape be vacated measuring 13’ wide x 63’ long. As you can see by the photos on the attached documents, this right of way on the easterly side of the drainage ditch has never been utilized since we have lived here as all utility service vehicles and county-owned trucks and vehicles gain access to this drainage ditch and utility poles from the opposite side of the ditch on the back side of our property as indicated in the plat plan for McGregor Gardens subdivision. Vacation

\ I

of the small portion we request would not negatively impact Lee County or any utility operations regarding this IDD Canal L-l or utility lines on opposite side of canal.

We have included a sketch or drawing of the portion of the lDD L-l canal right-of-way easement we desire to vacate. Please provide us with a letter of review and a recommendation so we can proceed with our Petition submittal. If you have any questions please don’t hesitate to phone or fax us at (239) 939-4845 or email us at SuperK@iuno.com

Sincerely yours,

James F. and Sarah Jane Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 33919-1719

Photo of IDD Canal L-1, looking north. AlI utilities, access road, and drainage canal are opposite of the 13’ partial vacation requested for house on easterly side. Clearly, no limitation of access will occur with this partial vacation. Note LCDOT Ditch machine working in canal. Trucks use the access on westerly side (left)

SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONEFtS

Ray Judah June 16,2004 “k,,iCcf Three Andrew w. COY James F. and Sarah Jane Kaserman mtnct Fad 6323 St. Andrews Cir John E. Awon Di.wiL2 Five Fort Myers, Fl. 33919-1719

Donald D. Stilwell Co”“fyMa”agt?r James G, Yaeger SUBJECT: PETITION TO VACATE PUBLIC A UTILITY EASEMENT county Allorney 6323 ST. ANDREWS CIRCLE Diana M. Parker STRAP # s 03-45-24-090000C.0100 Co”“ryHead”g EXami”W Dear Mr. Or Mrs. Kaserman:

Lee County Utilities has no objection to the proposed partial vacation of the 13’ easterly portion of the IDD Canal L-l easement. Lee County Utilities’ position of ‘No Objection’ covers only the portion of the existing easement described in your letter of June 11, 2004. Lee County Utilities has no facilities located within the area described; therefore, there is no objection to this vacation.

Should you have any questions, or require farther assistance, please do not hesitate to contact our office at 479-8532 or 479-8181

Sincerely,

LEE COUNTY UTILITIES

Mary &Cormic Senior Engineering Technician UTILITIES ENGINEERING

P.O. Box398, Fort Myers, Florida 33902-0390 (239) 335-2111 Internet address hnp:llwww,lee-county.com

AN E”UN OPPoRiUNrrYAFFlHMATlVE ACTION EMPL”YER

LEE COUNTY SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS

January 23,2004

AildiW w. coy James Kaserman m,ric, Four 6323 St. Andrews Circle, S. John E. Mbicr DiShid Five Ft. Myers, FL 33919

Writer’s Direct Dial Number: (239) 479-8133

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~~~~~$~ RE: Easement Vacation - STRAP# 03-45-24-09-00006.0100

‘%~~%?,?~ Dear Mr. Kaserman: Diana M. Parker ca”“iyHeari”g Examher This letter is in reference to your correspondance on January 16, 2004

regarding your property at 6323 St. Andrews Circle in Ft. Myers and a request to vacate a portion of an easement at the back of the lot. The Waterways Advisory Committee (WAC) is required to review vacation requests when the property in question abuts County navigable waterways. This is clearly not the case for your property. Therefore, review by the WAC is not required.

If there are any questions from the reviewing agencies, please have them contact me at the number listed above.

Natural Resource Division

P.&&398, Fort Myers, Florida 33902.0398 (239) 335-2111 Internet address http:llwww.lee-county.com

AN EQUAL OPPORTUNITY AFFlRMAT,“E ACTiON EMPLOYER

\

LEE COUNTY ’ SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS

~$~~r~;“‘. Cerny Tuesday, March 01, 2005

Writer’s Direct Dial NUFT@AI 1 479-8174

Mr. James F. Kaserman 6323 St. Andrews Circle, S. Fort Myers, FL 33919-I 719

Re: Petition to Vacate a portion of IDD Canal L-l, Lee County, Florida. Donald D. Stilwell Letter Revision Counfy Manage, Robert w. may oeputv county n,iornepear Mr. Kaserman: Diana M. Palkel C’W ”t~HLWi”~ Based on the review of the documents submitted with your request, Lee County Enarniilcl Division of Natural Resources has no objection to the vacation of a portion of the

subject IDD Canal.

Should you have any questions, please call me at the above telephone number.

LEE COUNTY PUBLIC WORKS DEPARTMENT

Ailen 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\DOCUMENlXac415a.doc

P.O. Box398, Fort Myers, Florida 33902.0398 (239)335-2111 lnternet address http:llwww.lee-county.com

AN EQUAL cPPcRr”N,TYAFFlRMATl”E ACriON EMPLOYER

LEE COUNTY SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS

~~~~~~~ R. ~1. c,,,wednesday, February 18, 2004 DiSlriC, Two my Judah Mr. James F. Kaserman DiSbid Three 6323 St. Andrews Circle, S. $$J’l;y Fort Myers, FL 33919-I 719

Writer’s Direct Dial Nurnbektf’) 47g-8124

JOtI” E. Albion LJkftiC! Five Re: Petition to Vacate a portion of IDD Canal L-l, Lee County, Florida

James G, Yaeger Dear Mr. Kaserman: coun,y Aifomey ~~~~~ M. parker Based on the review of the documents submitted with your request, Lee County co”“iy Hearing Emili”al Division of Natural Resources objects to the vacation of a portion of the subject

IDD Canal.

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

P.O. Box 398, Fort Myers, Florida 33902.0398 (239) 335-2111 Internet address http:iiwww.lee-count.com

AN EaJAL OPPCRT”NlTY AFFiRMATl”E ACTION EMPLOYER

SOUTHWEST FLORIDA

SOARD OF COUNTY COMMISSIONERS

Mr. James F. Kaserman 6323 St. Andrews Circle S. Fort Myers, FL 33919-1719

Writer’s Direct Dial Number: 479-8580

March IO,2005

RE: Petition to Vacate unbuilt portion of IDD Canal L-l, Lee County, Florida, VAC2004-00023, 6323 St. Andrews Circle, 03-45-24-09-00000 0100

Dear Mr. Kaserman:

Based on the review of the revised documents submitted with the request, Lee County DOT has no objection to the vacation of a portion of the subject IDD Canal L.

Please contact Margaret Lawson for any further information related to this file.

DEPARTMENT/OF TRANSPORTATION

Director

SMGlMALlmlb

cc: Don Blackburn, Development Services Joan Henry, Assistant County Attorney Margaret Lawson, LCDOT Roland Ottolini, P.E., NRD

S:\OOCUMENnPetition To Vacate\2005\Si. Andrew Circle.doc P.O. Box 398, Fort Myers, Florida 33902.0398 (239) 335-2111

‘- LEE COUNTY ’ SOUTHWEST FLORIDA

BOARD OF COUNTY COMMISSIONERS Writer’s Direct Dial Number: 479-8580

March 16,2004

James and Sarah Kaserman 6323 St. Andrews Circle S. Fort Myers, FL 33919-l 719

RE: Petition to Vacate A portion of IDD Canal L-l, McGregor Gardens Subdivision

Dear Mr. And Mrs. Kaserman:

Lee County Department of Transportation is reviewing your request to vacate a portion of IDD Canal L-l at the rear of your lot as recorded in Plat Book 10, page 112. At the moment, DOT cannot recommend vacation of this easement. When the review has been completed, you will be notified of the DOT’s decision.

Yours very truly,

ENT OF TRANSPORTATION

DML/JMK/mlb

. . .,,: ;, ‘i/i ,i: MY

S:\DOCu&ilnPetitl& ToVacate\2604(IDb;‘C~“al L-l - Kaserman.doc

P.O. Box 398, Fort Myers, Florida 33902.0398 (239) 335-2111

@a Recycled Paper Intelnet address http://www,leo-county.com

AN EQUAL OPPORT”N,TY AFFlRMATl”E ACrlON EMPLOYER

MC GREGOR ENSpLt:::::‘o A SUBDIVISION IN THE SE.; OF 5EC.3,T45S.,R.24E.

LEE COUNTY FLORIDA

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