Agenda 12/14/2021 Item #16A18 (Resolution - Amending Reso 2006-160)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution amending Resolution 2006-160, as amended, the policies,
and procedures for: 1) the closing and vacation of road rights -of -way; 2) the vacation and
annulment of plats or portions of plats of subdivided land; 3) the extinguishment of public
easements conveyed by separate instrument recorded in the public records (conveyances other than
on a subdivision plat) on platted or unplatted land except for public roads, or the exchange of real
property.
OBJECTIVE: To clarify the County's vacation procedures for rights -of -way and easements to provide
expedited customer service in clearing a petitioner's title of unnecessary and unused easements dedicated
to the County.
CONSIDERATIONS: The County's current vacation procedures for rights -of -way and easements are
set forth in Resolution 2006-160, as amended by Resolution 2013-166.
The proposed amending Resolution will clarify our policies and procedures to expedite the vacation
process by correcting, clarifying, and updating policies, outdated language, references, and required
submission documents.
Such changes are minor in nature and include paragraph numbering, updating old ordinance references,
department names, and required submission documents (Property Ownership Disclosure Form, statement
of request, and sketch and legal description).
Additionally, additional plat vacation requirements of section 177.101(3), Florida Statutes, are being
included in Attachment `B".
A clean version (non-strikethrough/underline incorporating all proposed changes) of the proposed
Resolution's Attachments "A", "B", and "C" (collectively, the County's "Vacation Policies and
Procedures") is also provided for clarity and staff s future use with applicants.
FISCAL IMPACT: Collier County typically processes 15 to 25 vacation petitions per year. The fee
for a vacation application is $2,000.00, as established by the Growth Management / Planning and
Regulation fee schedule as adopted by the Board.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -DDP
RECOMMENDATION: Recommendation that the Board of County Commissioners approve a
Resolution amending Resolution 2006-160, as amended, amending the policies and procedures for: 1) the
closing and vacation of road rights -of -way; 2) the vacation and annulment of plats or portions of plats of
subdivided land; 3) the extinguishment of public easements conveyed by separate instrument recorded in
the public records or the exchange of real property.
Prepared by: Marcus L. Berman, County Land Surveyor, Development Review Division
ATTACHMENT(S
1. Resolution - 102521 (PDF)
2. Vacation Policies and Procedures clean copy - 2021-10-25 (PDF)
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16.A.18
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Doe ID: 16147
Item Summary: Recommendation to approve a Resolution amending Resolution 2006-160, as
amended, the policies, and procedures for: 1) the closing and vacation of road rights -of -way; 2) the
vacation and annulment of plats or portions of plats of subdivided land; 3) the extinguishment of public
easements conveyed by separate instrument recorded in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land except for public roads, or the exchange of real property.
Meeting Date: 12/14/2021
Prepared by:
Title: County Surveyor — Growth Management Development Review
Name: Marcus Berman
10/28/2021 9:19 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
10/28/2021 9:19 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum
Growth Management Department Lissett DeLaRosa Growth Management Department
Engineering & Natural Resources Jack McKenna Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Matthew McLean
Growth Management Department
Jaime Cook
Additional Reviewer
Growth Management Department
Jeanne Marcella
Transportation
Growth Management Department
James C French
Growth Management
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Completed 11/01/2021 1:02 PM
Completed 11/04/2021 8:54 AM
Additional Reviewer Completed
Completed 11/09/2021 3:16 PM
Skipped 11/02/2021 10:52 AM
Completed 11/10/2021 12:49 AM
Completed 11/15/2021 12:12 PM
Completed 11/15/2021 12:29 PM
Completed 11/15/2021 2:03 PM
Completed 11/15/2021 2:04 PM
Completed 12/03/2021 2:25 PM
12/14/2021 9:00 AM
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RESOLUTION 2021-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING RESOLUTION 2006-160, AS AMENDED, IN
ORDER TO AMEND THE POLICIES AND PROCEDURES
FOR: 1) THE CLOSING AND VACATION OF ROAD
RIGHTS -OF -WAY; 2) THE VACATION AND
ANNULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND; AND 3) THE EXTINGUISHMENT OF
PUBLIC EASEMENTS CONVEYED BY SEPARATE
INSTRUMENT RECORDED IN THE PUBLIC RECORDS
(CONVEYANCES OTHER THAN ON A SUBDIVISION
PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT
FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL
PROPERTY.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
pursuant to sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier
County Ordinance No. 2004-31, as amended, and the Collier County Land Development Code, is
authorized to grant or deny vacations and annulments of plats of subdivided land, road rights -of -
way, alleyways, and public dedicated easements conveyed by separate instrument recorded in the
public records, and exchange of real property; and
WHEREAS, the Board, on July 25, 2006, adopted Resolution 2006-160, which
superseded and replaced Resolution 1998-465, establishing the policies and procedures
previously established for the above; and
WHEREAS, the Board, on September 10, 2013, adopted Resolution 2013-166, which
amended Resolution 2006-160, to further amend the policies and procedures previously
established for the above; and
WHEREAS, the Board desires to further amend the policies and procedures for: 1)
closing and vacation of road rights -of -way; 2) vacation and annulment of plats or portions of
plats of subdivided land; and 3) extinguishment of public easements conveyed by separate
instrument records in the public records (conveyances other than on a subdivision plat) on platted
or unplatted land, except for public roads, and exchange of real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
This Resolution amends Resolution No. 2006-160, as amended, as set forth in the
following Attachments.
2. The policies and procedures for the closing and vacation of road rights -of -way are
amended and set forth in Attachment "A", incorporated herein and made part of this
Resolution.
[20-EIS-04338/1574837/5]
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3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment `B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
�v\
Attachments:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman
1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right -of -Way
2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
[20-EIS-04338/1574837/5]
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Attachment "A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under §ion 336.09, Florida Statutes, the Board of County
Commissioners (BCC) may:
1. 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.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division i Planning 0 a ReguleAie Eingin e g Se= : iees Seetiefl. It must be
accompanied by a non-refundable application fee (refer to Growth Management.,
Development Services' � Planning and Regina+'^ current fee schedule for the applicable
fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (F ee SR4P4�E mple Deed. If petitioner is
Attachment "A" [20-EIS-04338/1574837/51
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not the owner of the fee simple title, petitioner shall provide a statement
demonstrating the reason for the request including any property or financial interest
or projects affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
g) Site Plan - the site plan must be on 8 '/2" X 11" paper and show all data pertinent to
the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures,
(5) Location of proposed vacation and, if applicable, proposed dedication.
h) A sketch and blegal description of what is to be vacated submitted on 8 '/z" X I I"
paper labeled in bold capital letters as EXHIBIT "A". This iegal dese -iP fi n is to be
Both the legal description and
sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and
have a "Prepared by" block listing the name and address of the Florida Professional
Surveyor and Mapper.
Attachment "A" [20-EIS-04338/1574837/51
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i)When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd" Floor of the Collier County
Courthouse).
j A property ownership disclosure form listing all persons with equitable interests in
the application.
j3U"Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management.,
Development Review Division i Planning and Regul ien Administrator or leis -their
designee. Such letters may include but shall not be limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff s.Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval., Development
Review Division will distribute the package to the following areas for their approval
or objection:
(4 Collier County Public Utilities Engineering & Project Management Division
utilifieSNUED
(29) Collier County Development Review Division—
Subdivision Review
(-31.aCollier County Engineer -:no Sen,ieesCapital Project Planning, Impact Fees &
Program Management Division — Stormwater Review
(41)Collier County Capital Project Planning Impact pees & Program Mana eg ment
Division — Transportation Depat4mei# Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above., then the application is deemed denied.
ke)IZIf a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
Attachment "A" [20-EIS-04338/1574837/5J
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and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County, the following shall be submitted:
(1) A sketch and -blegal description and�,f what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
(2) An attorney's title opinion or certification by_a title company
current),:
(3) Executed conveyance document. and..
(4) Executed subordination documents.
3 Eagi ee.-ing Ser4ee�Qevelopment Review Division will review the petition application
for completeness and compliance with this Resolution. Efigifleefing
SeMeesDevelopment Review Division will prepare an appropriate executive summary
and resolution and transmit both documents to the County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to $section 336.09, Florida Statutes.
4. Once the time and date of the public hearing isafe established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
The petitioner and all property owners within 250 feet (and others as may be required by
the Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of public
hearing, by regular mail. If the number of property owners within two hundred fifty feet
(250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner.
6. In the event that the petitioner for the property in question does not represent lthemself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent lthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment "A" [20-EIS-04338/1574837/51
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notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the feuse-application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application €e}-re will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment "A" [20-EIS-04338/1574837/5]
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GO�Lj��'
Attachment "B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57
2004-31 and the Collier County Land Development Code.
B. POLICY:_ When a request is in the interest of the general public welfare or no public
detriment is established the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said countyie-s, returning the property covered by such plats either in whole or
in part into acreage.
C. PROCEDURE:
To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Growth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' � Planing and Regu atie current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (F£Eee Simple DRE- ee ).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
Attachment "B" [20-EIS-04338/1574837/5]
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c) Certificate showing all State and County taxes have been paid for the subject parcel.
(Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
f) Site Plan - the site plan must be on 8 %2" X I I" paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and sed landse.— i"—
(5) Location of proposed vacation and, if applicable, proposed dedication.
g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
Both the sketch
and legal description anael,,are to be signed and sealed by a Florida Professional
Surveyor and Mapper and have a "Prepared by" block listing the name and address of
the Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
0 A propeM ownership disclosure form listing all persons with equitable interests in
the application.
e)&'Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
(1) Electric Company
(2) Telephone Company
Attachment "B" [20-EIS-04338/1574837/5]
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(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Development Review
Division will distribute the package to the following areas for their approval or
objection:-;
Collier County Public Utilities Engineering _& Project Management Division
T tilifies/P ED
(3D Collier County Development Review Division—
Subdivision Revie
(310)Collier County Engineering Sen,iee_Capital Project Planning, Impact Fees &
Program Management Division — Stormwater Review
(41-I)Collier County Capital Project Planning, Impact Fees & Program Management
Division — Transportation Depart Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above., then the application is deemed denied"
%)If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County, the following shall be submitted:
(1) Sketch and Qegal description and sketeh of what is to be dedicated prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,,.
(2) Attorney's title opinion or ertification by a
title company (current).,
(3) Executed conveyance document, and.
(4) Executed subordination documents.
Attachment "B" [20-EIS-04338/1574837/5]
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3. Development Review Division will review the petition for completeness and compliance
with this Resolution. €ngineering-SeFvieesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isafe established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.. Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineer-ingSefviee4he Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
(250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request, then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent lthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the feuse-application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application €erl=e will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment "B" [20-EIS-04338/1574837/5]
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Attachment "C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: --Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: _Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by $section 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land, an application is to be completed along with the listed items needed for
review be submitted to Engineering Sefviees Growth Management, Development
Review Division -and it must be accompanied by a non-refundable application fee (refer
Attachment "C" [20-EIS-04338/1574837/5]
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to -Growth Management, Development Services' urrent fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
(F€-Eee Simple DEEDeedJ.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan - the site plan must be on 8 %2" X I I" paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, ^„a ^ ed landse I i ^
(5) Location of proposed extinguishment and, if applicable, proposed dedication.
-f)g)A sketch and lEegal description of what is to be extinguished submitted on 8 %2" X
11" paper labeled in bold capital letters as EXHIBIT "A". This legal deser-iptien is ta
be aeeempanied by a sketeh of the legal Both the sketch and legal
description ^*d'—,kete1+-are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a cot) of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment "C" [20-EIS-04338/1574837/5]
M^- 1-32021 Page 11 of 13 Additions Underline Deletions StFikethrexgk
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g&Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Development Review
Division will distribute the package to the following areas for their approval or
objection
(41) Collier County Public Utilities EngineeringProject Management Division
(2-9) Collier County Eagineefing Sefyiee&Development Review Division—
(3LO) Collier County Capital Project Planning, Impact Fees &
Program Management Division — Stormwater Review
(4L1) Collier County Capital Project Planning, Impact Fees & Program Managerne
Division — Transportation DepaAmeat Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above, then the application is deemed denied"
h)KTo the extent applicable, where the petitioner desires to exchange hisAkel=their interest
with that interest dedicated to the County, the requirements and procedures of
§section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement, the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
Attachment "C" [20-EIS-04338/1574837/51
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in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
(1) A sketch and regal description and sketrah of what is to be dedicated,, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,:
(2) Attorney's T44—title Opinien pinion or certification by a title company
(current).,
(3) Executed conveyance document, and.
(4) Executed subordination documents.
3. Development Review Division will review the petition for
completeness and compliance with this Resolution. Development
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where nFor exchanges of real property interest is applieablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent lthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent himthem.
-56. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the r-e-use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for- r-equesew-will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment "C" [20-EIS-04338/1574837/51
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UO�Lj��'
any
Attachment "A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under section 336.09, Florida Statutes, the Board of County
Commissioners (BCC) may:
1. 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.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
1. An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division. It must be accompanied by a non-refundable application fee (refer to
Growth Management, Development Services' current fee schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (Fee Simple Deed). If petitioner is not the owner of
the fee simple title, petitioner shall provide a statement demonstrating the reason for
Attachment "A"
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16.A.18.b
the request including any property or financial interest or projects affected by a
granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
g) Site Plan - the site plan must be on 8 %2" X I I" paper and show all data pertinent to
the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures
(5) Location of proposed vacation and, if applicable, proposed dedication
h) A sketch and legal description of what is to be vacated submitted on 8 1/2" X I I"
paper labeled in bold capital letters as EXHIBIT "A". Both the legal description and
sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and
have a "Prepared by" block listing the name and address of the Florida Professional
Surveyor and Mapper.
i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment "A"
2021 Page 2 of 13
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16.A.18.b
j) A property ownership disclosure form listing all persons with equitable interests in
the application.
k) "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Development Review Division will
distribute the package to the following areas for their approval or objection:
(8) Collier County Public Utilities Engineering & Project Management Division
(9) Collier County Development Review Division
(10) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Stormwater Review
(11) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Transportation Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objection
from those listed above, then the application is deemed denied.
1) If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County, the following shall be submitted:
(1) A sketch and legal description of what is to be dedicated, prepared along with a
current attorney's title opinion or certification by a title company and noted on
the sketch, signed and sealed by a Florida Professional Surveyor and Mapper
Attachment "A"
2021 Page 3 of 13
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16.A.18.b
and have a "Prepared by" block listing the name and address of the Professional
Surveyor and Mapper,
(2) An attorney's title opinion or certification by a title company (current),
(3) Executed conveyance document, and
(4) Executed subordination documents.
3. Development Review Division will review the petition application for completeness and
compliance with this Resolution. Development Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to section 336.09, Florida Statutes.
4. Once the time and date of the public hearing is established, the Clerk to the Board shall
publish legal notice of the hearing one time in a newspaper of general circulation at least
two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Development Review Division) of the requested vacation parcel shall be given notice
by the Clerk to the Board; stating time, place and date of public hearing, by regular mail.
If the number of property owners within two hundred fifty feet (250') exceeds twenty
(20), petitioner shall incur an additional postage and handling charge of fifty cents ($.50)
per additional property owner.
6. In the event that the petitioner for the property in question does not represent themself at
the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent them.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
Attachment "A"
2021 Page 4 of 13
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16.A.18.b
same meeting at which time the application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application will be considered withdrawn. Further review of the project will
require a new application subject to the then current code.
Attachment "A"
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16.A.18.b
UO�LI��
Attachment "B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: Section 177.101 Florida Statutes, and Collier County Ordinance No. 2004-
31 and the Collier County Land Development Code.
B. POLICY: When a request is in the interest of the general public welfare or no public
detriment is established, the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said county, returning the property covered by such plats either in whole or in
part into acreage.
C. PROCEDURE:
1. To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Growth Management, Development Review Division,
accompanied by a non-refundable application fee (refer to Growth Management,
Development Services' current fee schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (Fee Simple Deed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
c) Certificate showing all State and County taxes have been paid for the subject parcel.
(Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
Attachment `B"
2021 Page 6 of 13
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16.A.18.b
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
f) Site Plan - the site plan must be on 8 1/2" X I I" paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures
(5) Location of proposed vacation and, if applicable, proposed dedication
g) A sketch and legal description of what is to be vacated submitted on 8 1/2" X I I"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. Both the sketch
and legal description are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
j) "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
Attachment `B"
2021 Page 7 of 13
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16.A.18.b
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Development Review Division will
distribute the package to the following areas for their approval or objection:
(8) Collier County Public Utilities Engineering & Project Management Division
(9) Collier County Development Review Division
(10) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Stormwater Review
(11) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Transportation Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objection
from those listed above, then the application is deemed denied.
k) If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County, the following shall be submitted:
(1) Sketch and legal description of what is to be dedicated, prepared along with a
current attorney's title opinion or certification by a title company and noted on
the sketch, signed and sealed by a Florida Professional Surveyor and Mapper
and have a "Prepared by" block listing the name and address of the Professional
Surveyor and Mapper,
(2) Attorney's title opinion or certification by a title company (current),
(3) Executed conveyance document, and
(4) Executed subordination documents.
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Development Review Division will prepare an appropriate
executive summary and resolution and transmit both documents to the County Attorney's
Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
Attachment `B"
2021 Page 8 of 13
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16.A.18.b
4. Once the time and date of the agenda item is established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to section 177.101, Florida Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Development Review Division) of the requested vacation parcel shall be given notice
by the Clerk to the Board; stating time, place and date of the agenda item, by regular
mail. If the number of property owners within two hundred fifty feet (250') exceeds
twenty (20), petitioner shall incur an additional postage and handling charge of fifty cents
($.50) per additional property owner. If the County receives an objection or anticipates
an objection to the vacation request, then the agenda item shall be scheduled under
advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent themself at the
BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent them.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application will be considered withdrawn and cancelled. Further review of the
project will require a new application subject to the then current code.
Attachment `B"
2021 Page 9 of 13
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16.A.18.b
Attachment "C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by section 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land, an application is to be completed along with the listed items needed for
review be submitted to Growth Management, Development Review Division, and it
Attachment "C"
2021 Page 10 of 13
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16.A.18.b
must be accompanied by a non-refundable application fee (refer to Growth Management,
Development Services' current fee schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished (Fee
Simple Deed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan - the site plan must be on 8 1/2" X I I" paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures
(5) Location of proposed extinguishment and, if applicable, proposed dedication
g) A sketch and legal description of what is to be extinguished submitted on 8 1/2" X I I"
paper labeled in bold capital letters as EXHIBIT "A". Both the sketch and legal
description are to be signed and sealed by a Florida Professional Surveyor and
Mapper and have a "Prepared by" block listing the name and address of the Florida
Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
Attachment "C"
2021 Page 11 of 13
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16.A.18.b
j) Letters of No Objection from all pertinent utility companies or authorized users of the
easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Development Review Division will
distribute the package to the following areas for their approval or objection:
(8) Collier County Public Utilities Engineering & Project Management Division
(9) Collier County Development Review Division
(10) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Stormwater Review
(11) Collier County Capital Project Planning, Impact Fees & Program Management
Division — Transportation Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objection
from those listed above, then the application is deemed denied.
k) To the extent applicable, where the petitioner desires to exchange their interest with
that interest dedicated to the County, the requirements and procedures of section
125.37, Florida Statutes, and the Collier County Utilities Standards and Procedures
Ordinance No. 04-31, as amended, shall be utilized as practicable and legally
required. The reviewing parties are under no obligation to accept the offered
alternative. If a Petition to Vacate is premised on the grant of a replacement
easement, the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
(1) A sketch and legal description of what is to be dedicated, prepared along with a
current attorney's title opinion or certification by a title company and noted on
Attachment "C"
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16.A.18.b
the sketch, signed and sealed by a Florida Professional Surveyor and Mapper
and have a "Prepared by" block listing the name and address of the Florida
Professional Surveyor and Mapper,
(2) Attorney's title opinion or certification by a title company (current),
(3) Executed conveyance document, and
(4) Executed subordination documents.
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Development Review Division will prepare an appropriate
executive summary and resolution and transmit both documents to the office of the
County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. For exchanges of real property pursuant to section 125.37, Florida Statutes, the terms and
conditions of any such exchange of property shall be published, once a week for at least
two weeks, in a newspaper of general circulation published in the County prior to the
adoption by the Board of County Commissioners.
5. In the event that the owner of the property in question does not represent themself at the
BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent them.
6. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the application is reviewed by the Board of County
Commissioners.
7. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application will be considered withdrawn and cancelled. Further review of the
project will require a new application subject to the then current code.
Attachment "C"
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