Agenda 01/22/2019 Item #17B01/22/2019
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20180002479 to disclaim, renounce and vacate the County and the public interest
in the parcel of land used as a public right-of-way as recorded in Official Record Book 120, Page
187 of the public records of Collier County, Florida, The parcel is located directly south of the
Smallwood Drive right-of-way in Chokoloskee, Florida in Section 31, Township 53 South, Range 30
East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the parcel of land
used as a public right-of-way as recorded in Official Record Book 120, Page 187 of the public records of
Collier County, Florida, located in Section 31, Township 53 South, Range 30 East, Collier County,
Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: The Development Review Division has received a request from Jim D. Shumake
of Jim D. Shumake, Attorney at Law, as agent for the applicants, Gary, Duane, and Randy McMillin. This
request is to vacate the County and the public interest in the parcel of land used as a public righ t-of-way
as recorded in Official Record Book 120, Page 187 of the public records of Collier County, Florida,
located in Section 31, Township 53 South, Range 30 East, Collier County, Florida.
The applicants are proposing to vacate the County and the public interest in the parcel of land used as a
public right-of-way that is approximately 110 feet in length, which is located directly south of the end of
Smallwood Drive, in Chokoloskee, Florida. The north portion of the parcel intersects with the beginning
of Stokes Lane. The subject parcel was conveyed to the County by Quit-Claim Deed dated September
15, 1962, and recorded in Official Record Book 120, Page 187 of the Official Public Records of Collier
County, Florida.
Although the Quit-Claim Deed did not describe a specific purpose for the parcel, it appears that the
intent of the conveyance was to provide a public access point for private properties near the terminus of
the Smallwood Drive right-of-way. The parcel to be vacated provides access from the end of Smallwood
Drive to several private properties, including the applicant’s property (located on the east side of the
parcel). There is no evidence that the County accepted the conveyance of this parcel; however, the
applicant has requested the vacation of the parcel in order to help facilitate the sale of their property.
According to the applicant, because the subject parcel was not explicitly conveyed to the County as a
public right-of-way, their title company will not recognize the parcel as providing pu blic access, and
therefore they need to vacate it in order to prove that they have access to their property from the end of
Smallwood Drive. Following the vacation, it appears the properties abutting the vacated area will each
have an ownership interest in the vacated parcel (the apportionment of which will be a private matter
between the property owners). To that end, the applicant will enter into a shared access easement
agreement with the other two parcels that abut the area to be vacated, to ensure that all three properties
will have access from their respective property to Smallwood Drive. Moreover, those three property
owners will enter into an access easement agreement with two properties located on the south side of
Stokes Lane, to ensure that those two property owners are able to use the northern portion of the vacated
area to get from the end of Smallwood Drive to the beginning of Stokes Lane.
The subject parcel is unimproved and not maintained by the County. Moreover, the County has no desire
to use the parcel for any purpose. As such, the vacation will not result in a public detriment.
At its January 8th, 2019 meeting, the BCC approved the scheduling of this hearing.
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Letters of no objection were received from LCEC, Comcast, CenturyLink, Sheriff’s Department, the
Greater Naples Fire Rescue District and surrounding property owners, including all those whose access
would be affected by this vacation.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Staff has collected a $2,000 “Petition to Vacate” fee from the petitioner which
covers the County’s cost of recording and processing.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of the County and the public
interest in the parcel of land used as a public right-of-way as recorded in Official Record Book 120, Page
187 of the public records of Collier County, Florida, located in Section 31, Township 53 South, Range 30
East, Collier County, Florida.
Pursuant to Resolution 2013-166 and Florida Statutes Sections 336.09 and 336.10, the Board, with
respect to property under their control, upon petition of any person or persons, may adopt a resolution to
vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or
other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce
and disclaim any right of the County and the public in and to any land in connection therewith, when the
following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The request does not invade or violate individual property rights.
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be
vacated, OR a statement from the Petitioner demonstrating the reason for the request including
any property or financial interest or projects affected by a granting of such request.
This item has been approved as to form and legality and requires a majority vote for Board approval. -
SAS
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20180002479,
which will vacate the County and the public interest in the parcel of land used as a public right -of-way as
recorded in Official Record Book 120, Page 187 of the public records of Collier County, Florida, located
in Section 31, Township 53 South, Range 30 East, Collier County, Florida, being more specifically shown
in Exhibit A; and to direct the Clerk of Courts to record a certified copy of the Resolution in the Public
Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENT(S)
1. Application (PDF)
2. Resolution - 121118(1) (PDF)
3. OR120pg187 (PDF)
4. LONO-Property Owners(1) (PDF)
5. LONO-Property Owners(2) (PDF)
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6. LONO's Utility providers (PDF)
7. Boundary Survey-07.10.18 (PDF)
8. Ownership Disclosure Form (PDF)
9. Shared Access Easement Agreement - 120718 (PDF)
10. Access Easement Agreement - 120718 (2) (PDF)
11. Legal Ad - Agenda ID 7555 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 7555
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve Petition VAC-PL20180002479 to disclaim, renounce and vacate the County and the public
interest in the parcel of land used as a public right-of-way as recorded in Official Record Book 120, Page
187 of the public records of Collier County, Florida, The parcel is located directly south of the
Smallwood Drive right-of-way in Chokoloskee, Florida in Section 31, Township 53 South, Range 30
East, Collier County, Florida.
Meeting Date: 01/22/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
12/17/2018 10:22 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/17/2018 10:22 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 12/17/2018 11:17 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/17/2018 11:41 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/17/2018 1:55 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/18/2018 8:44 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 12/19/2018 8:43 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/19/2018 1:18 PM
Growth Management Department James C French Deputy Department Head Review Skipped 12/24/2018 3:03 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2018 2:19 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/08/2019 9:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/08/2019 11:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2019 8:28 AM
County Attorney's Office Len Price CAO Preview Skipped 01/09/2019 3:12 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/10/2019 8:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/13/2019 7:42 PM
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Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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Packet Pg. 1360 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1361 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1362 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1363 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1364 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1365 Attachment: Application (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1366 Attachment: Resolution - 121118(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1367 Attachment: Resolution - 121118(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1368 Attachment: Resolution - 121118(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1369 Attachment: Resolution - 121118(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
17.B.2Packet Pg. 1370Attachment: Resolution - 121118(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1371 Attachment: OR120pg187 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1372 Attachment: OR120pg187 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1373 Attachment: OR120pg187 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1374 Attachment: LONO-Property Owners(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1375 Attachment: LONO-Property Owners(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1376 Attachment: LONO-Property Owners(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1377 Attachment: LONO-Property Owners(1) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1378 Attachment: LONO-Property Owners(2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1379 Attachment: LONO-Property Owners(2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1380 Attachment: LONO-Property Owners(2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
Lee County Electric Cooperative, Inc.
Post Office Box 3455
North Fort Myers, FL 33918-3455
(239) 995-2121 Fax (239) 995-7904
www.lcec.net
August 24, 2018
Mr. Jim David Shumake, Esq.
The Court view Building
2666 Airport Road South
Naples, Florida 34112
Re: Letter of No Objection to Vacation of Road W ay; Site: 376 Smallwood Drive, Chokoloskee, FL;
Owner: Silver Sides, LLC; Strap#: 00082966201.
Dear Mr. Shumake:
You have opened up negotiations, on behalf of your client, Silver Sides, LLC, concerning the vacation of
right of way to your client’s property.
We have reviewed the Plat, the request submitted with materials, and our internal records. LCEC has
no objection to the vacation as requested.
Should there be any questions please call me at 239-656-2112, or, if you prefer, I can be reached by
email at russel.goodman@lcec.net.
Very truly yours,
Russel Goodman, SR/WA
Design & Engineering Coordinator – Land Rights
17.B.6
Packet Pg. 1381 Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1382 Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1383 Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1384 Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
August 15, 2018
LETTER OF NO OBJECTION
Jim David Shumake
2666 Airport Road South
Naples, Florida 34112
SUBJECT: PROPOSED VACATE OF COUNTY RIGHT OF WAY
PRN 80732
Dear Mr. Shumake,
Please be advised that Embarq Florida, Inc., D/B/A Centurylink has no objection to the proposed vacate
and abandonment of the Right of Way granted to Collier County (Smallwood Drive) adjacent to Parcel
26088240002 (376 Smallwood Drive) as depicted on the attached survey.
Should there be any questions or concerns, please contact me at 318-330-6894 or by email at
michael.pietlukiewicz@centurylink.com.
Sincerely,
EMBARQ FLORIDA, INC., D/B/A CENTURYLINK
Michael Pietlukiewicz
11111 Dorsett Rd.
2nd Floor
Maryland Heights, MO 63043
Michael Pietlukiewicz
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Packet Pg. 1385 Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
17.B.6Packet Pg. 1386Attachment: LONO's Utility providers (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
ABBREVIATIONSLEGENDS1 OF 118-8661TONER & ASSOCIATES, Inc.SKETCH OF BOUNDARY SURVEYSURVEYOR'S REFERENCES:LEGAL DESCRIPTION:SURVEY NOTES:’CERTIFIED TO:SURVEYOR'S CERTIFICATE:MEASUREMENT ABBREVIATIONS:375 SMALLWOOD DRIVE, CHOKOLOSKEE, FL 34138SILVER SIDES, LLC.A PORTION OF THE S.W. 1/4 OF SECTION 31TOWNSHIP 53 SOUTH, RANGE 30 EASTMEAN HIGH AND LOW WATER LINE (MHWL) NOTES:EASEMENT NOTES:BOUNDARY LINE NOTE:LOCATION MAPTHISSURVEY17.B.7Packet Pg. 1387Attachment: Boundary Survey-07.10.18 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1388 Attachment: Ownership Disclosure Form (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1389 Attachment: Ownership Disclosure Form (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1390 Attachment: Ownership Disclosure Form (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1391 Attachment: Ownership Disclosure Form (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1392 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1393 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1394 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1395 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1396 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1397 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1398 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1399 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1400 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1401 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1402 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1403 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1404 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1405 Attachment: Shared Access Easement Agreement - 120718 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1406 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1407 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1408 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1409 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1410 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1411 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1412 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1413 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1414 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1415 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1416 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1417 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1418 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1419 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1420 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1421 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1422 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1423 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1424 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1425 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1426 Attachment: Access Easement Agreement - 120718 (2) (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)
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Packet Pg. 1427 Attachment: Legal Ad - Agenda ID 7555 (7555 : VAC-Chokoloskee-S End Smallwood Dr Set Approval Date)