Agenda 05/24/2022 Item #16A 7 (Resolution - Conservation Easement at the border of Marquesa Plaza)05/24/2022
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL20210002579, to disclaim, renounce, and vacate the
County and the public interest in a portion of the Conservation Easement located along the eastern
border of Marquesa Plaza, as recorded in Official Record Book 4049, Page 2808, of the Public
Records of Collier County, Florida, located at 13026 Livingston Road, in Section 18, Township 49
South, Range 26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the
Conservation Easement as recorded in Official Record Book 4049, Page 2808 of the public records of
Collier County, Florida, located in Section 18, Township 49 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit “A”.
CONSIDERATIONS: Petition VAC-PL20210002579 has been received by the Development Review
Division, Growth Management Department from Michael J. Delate, P.E., of Q. Grady Minor &
Associates, P.A., as agent for the property owner, to vacate a portion of the Conservation Easement as
recorded in Official Record Book 4049, Page 2808 of the public records of Collier County, Florida,
located in Section 18, Township 49 South, Range 26 East, Collier County, Florida.
The property owner would like to connect the existing roadway in Marquesa Plaza to the existing
westerly end of the Access and Drainage Easement (a.k.a. Thrive Drive) located in Tract 3 of Thrive at
Naples as recorded in Plat Book 63, pages 64 through 67 of the public records of Collier County, Florida.
This interconnection was designed to take traffic off County roads. The public will benefit by reduced
traffic on the public road network. Collier County Transportation staff added language to each PUD so
that this interconnect would keep traffic from Pine Ridge Road.
SFWMD previously released their interest in the proposed vacated portion of the Conservation Easement
recorded in Official Record Book 5963, page 1966 of the public records of Collier County, Florida. The
owners of the plaza paid for offsite mitigation for compensation for the impact.
The Brynwood Center PUD (Ord. No. 12-27) (also known as “Thrive”) required under Exhibit F.I.B
interconnection with the Baldridge PUD (Ord. 02-55, as amended) (also known as “Marquesa Plaza”).
The Baldridge PUD, section 4.6.g, requires the interconnection at County staff’s discretion.
The Baldridge PUD requires 1.85 acres of preserve. The proposed vacation will still leave 2.14 acres of
remaining preserve. The Baldridge PUD originally provided more conservation land to the County than
required to mirror SFWMD requirements for resource protection and connection to the offsite
(Brynwood) wetlands. The proposed vacation has also been through SFWMD review for vacating the
same area of the preserve that SFWMD has a conservation easement over. SFMWD issued the permit
and granted the vacation. SFWMD’s vacation required the purchase of offsite mitigation bank credits.
As part of that SFWMD permit modification and easement vacation, SFWMD recognized the conditions
of the Baldridge/Brynwood interface had changed since the original permitting of Brynwood. This
included a wildlife/flow culvert under the existing road in Brynwood that will connect to Baldridge.
In addition to the respective PUD Ordinances’ interconnection requirements and commitments, Collier
County Transportation staff has provided written support of the proposed vacation so that the
interconnection can be made. No adjoining property owner or association has objected to the proposed
vacation.
16.A.7
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05/24/2022
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Department, Development Review Division staff has
collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of
recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. --DDP
RECOMMENDATION: Approve the attached Resolution, relating to Petition VAC-PL20210002579,
which will vacate the County and the public interest in a portion of the Conservation Easement as
recorded in Official Record Book 4049, Page 2808 of the public records of Collier County, Florida,
located in Section 18, Township 49 South, Range 26 East Collier County, Florida, being more specifically
shown in Exhibit “A”, and directs the Clerk to the Board 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. Resolution - 041522 (PDF)
2. Application (PDF)
3. Affidavit of Authorization (PDF)
4. Livingston and Pine Ridge LLC - PODF (PDF)
5. LONO Sent to Agent of Naples One, LLC-No Response (PDF)
6. Conservation Easement OR 4049 pg 2808 (PDF)
7. Conservation Easement Partial Release OR 5963 pg 1966 (PDF)
8. Email from Laurie Beard (PDF)
9. Email from Ray Bellows (PDF)
10. 2021 Paid Tax Bill (PDF)
11. Resolution 2021-243 (PDF)
12. BCC_Hybrid_Meeting_Waiv (PDF)
16.A.7
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05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 21981
Item Summary: Recommendation to approve Petition VAC-PL20210002579, to disclaim,
renounce, and vacate the County and the public interest in a portion of the Conservation Easement located
along the eastern border of Marquesa Plaza, as recorded in Official Record Book 4049, Page 2808, of the
Public Records of Collier County, Florida, located at 13026 Livingston Road, in Section 18, Township 49
South, Range 26 East, Collier County, Florida.
Meeting Date: 05/24/2022
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
04/18/2022 8:01 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
04/18/2022 8:01 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/21/2022 9:39 AM
Growth Management Department Diane Lynch Growth Management Department Completed 04/25/2022 3:05 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/28/2022 11:25 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 05/04/2022 8:49 AM
Growth Management Department Trinity Scott Transportation Completed 05/04/2022 12:59 PM
Growth Management Department James C French Growth Management Completed 05/05/2022 1:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/06/2022 11:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/06/2022 11:31 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/10/2022 12:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2022 11:25 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/11/2022 12:07 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.A.7
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16.A.7.a
Packet Pg. 277 Attachment: Resolution - 041522 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 278 Attachment: Resolution - 041522 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 279 Attachment: Resolution - 041522 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 280 Attachment: Resolution - 041522 (21981 : VAC-Marquesa Plaza)
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
9/30/2019 Page 1 of 3
APPLICATION FOR VAC ATING
FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37;
Ordinance No. 01-57;
Resolution 2013-166; and
Applicable sections of the Collier County Land Development Code □AVROW- Vacation of Road Right-of-Way, Road Name: _________________________________□AVPLAT -Vacation of Plats or portions of plats of subdivided land
Name of Plat: _____________________________________ Plat Book: ______ Page(s): _________□AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads.
Official Record Book: _______________________ Page(s) ______________
APPLICANT CONTACT INFORMATION
Name of Owner: ____________________________________________________________________ Name of Applicant if different than owner: ______________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: __________________________ Cell: ______________________ Fax: ______________ E-Mail Address: ____________________________________________________________________
Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: _________________________ Cell: ______________________ Fax: _______________ E-Mail Address: ____________________________________________________________________
PROPERTY INFORMATION
Address of Subject Property: ________________________________ Parcel ID # ____________ Legal Description: ______________________________ Lot ______ Block ______ Tract ______ Section/Township/Range: _____/_____/_____ Current Zoning: _______________________ Note:
1)If applicant is a land trust, indicate the name of beneficiaries.2)If applicant is a corporation other than a public corporation, indicate the name of theofficers and major stockholders.3)If applicant is a partnership, limited partnership or other business entity, indicate thename of the principals.4)List all other owners.
16.A.7.b
Packet Pg. 281 Attachment: Application (21981 : VAC-Marquesa Plaza)n
4534 415
Livingston and Pine Ridge, LLC
1427 Clarkview Rd., Suite 500 Baltimore MD 21209
239-963-9879
mbaker@crcrealty.com
Michael J. Delate, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey Bonita Springs FL 34134
239-947-1144 239-947-0375
mdelate@gradyminor.com
13026 LIVINGSTON RD 00287480003
see attached
18 49 26
PUD
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
9/30/2019 Page 2 of 3
SUBMITTAL REQUIREMENT CHECKLIST
This completed checklist is to be submitted with the application packet in the exact order listed below,
with cover sheets attached to each section. Incomplete submittals will not be accepted.
For further explanation regarding the requirements for the Vacating Application, and the below
checklist, refer to Resolution 2013-166.
REQUIREMENTS FOR REVIEW: # OF COPIES REQUIRED NOT REQUIRED
Completed Application (download current form from the County website) 1 X □
Addressing Checklist signed by Addressing Department 1 X □
CD of complete application and all submittal documents in PDF format (not required if electronic submittal) 1 X □
Fee Simple Deed 1 X □
Statement explaining the general public benefit from the proposed vacation 1 X □
Certificate showing all State and County taxes have been paid for subject parcel 1 X □
Assessment map depicting area of proposed vacation 1 X □
List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number 1 X □
Site Plan on 8½” x 11” paper 1 X □
Sketch & legal description of what is to be vacated on 8½” X 11”, labeled with a bold Exhibit “A” signed & sealed by hand or digitally. 1 X □
Copy of the recorded subdivision plat, if applicable 1 □□
Letter Authorizing representation, if the applicant isn’t the owner 1 □□
Affidavit of Authorization signed and sealed 1 X □
Replacement easement documentations, if applicable 1 □□
If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company
1 □ □
A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacations of Easement only 1 □□
Copy of document which granted, conveyed or dedicated the Right-of-Way to the County or public, for Vacation of Right -of-Way only 1 □□
Completed Property Ownership Disclosure Form (download current form from the County website) 1 X
Reason for Request (required for AVROW applications only) 1 X
REQUIREMENTS FOR RECORDING:
Upon approval of application, signed with raised seal, two copies of Exhibit “A” will need to be submitted for Board approval and recording. 2 X □
16.A.7.b
Packet Pg. 282 Attachment: Application (21981 : VAC-Marquesa Plaza)n
n
n
2800 North Horseshoe Drive
Naples, Florida 34104
239 -252 -2400
Page 3 of 3
SUBMITTAL REQUIREMENT CHECKLIST CON’T
REQUIREMENTS FOR REVIEW: # OF COPIES REQUIRED NOT REQUIRED
Letters of No Objection from each of the following, as applicable:
(addresses may not be current)
Electric Company / Florida Power and Light Naples Service Center
1220 5th Ave North Naples, FL 34102 Phone: 239-262-1322 1 □ □
Century Link
ATTN: Jigs Silang 3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234 1 □ □
Collier County Sherriff’s Office / Legal Department
ATTN: Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 1 □ □
Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 1 □ □
North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 1 □ □
Comcast / Xfinity ATTN: Mark Cook Email: Mark_Cook@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 Phone: 239-432-1805 1 □ □
Capitol Projects Planning, Impact Fees & Program Management Division
ATTN: Gino SantaBarbara, Principal Planner 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Phone: 239-252-2925
1 □ □
Adjacent Property Owners 1 □□
Homeowners Association 1 □□
FEES
Application Fee: $2,000.00
Estimated Legal Advertising Fee (to be paid by the applicant in addition to the
application fees at the time of submittal)
o AVROW: $700.00
o AVPLAT: $1,000.00
o AVESMT: $1,000.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials and fees shall be submitted to: Growth Management Department/Development Review Division ATTN: Business Center-Client Services 2800 North Horseshoe Drive Naples, FL 34104
________________ Dat e __________________________________ Applicant/Agent Signature
__________________________________ Print
9/30/2019
16.A.7.b
Packet Pg. 283 Attachment: Application (21981 : VAC-Marquesa Plaza)n
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16.A.7.cPacket Pg. 284Attachment: Affidavit of Authorization (21981 : VAC-Marquesa Plaza)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
16.A.7.d
Packet Pg. 285 Attachment: Livingston and Pine Ridge LLC - PODF (21981 : VAC-Marquesa Plaza)See Exhibit "A", attached hereto and incorporated herein.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
16.A.7.d
Packet Pg. 286 Attachment: Livingston and Pine Ridge LLC - PODF (21981 : VAC-Marquesa Plaza)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
16.A.7.d
Packet Pg. 287 Attachment: Livingston and Pine Ridge LLC - PODF (21981 : VAC-Marquesa Plaza)
This item has been electronically signed and sealed by Michael J. Delate, P.E. on the date adjacent to the seal using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies.
Digitally signed by Michael J. Delate, PE
Date: 2022.05.06 10:45:00 -04'00'
Michael J. Delate, P.E. as agent
5/6/22
BENEFICIAL INTEREST & CONTROL STRUCTURE CRS MARQUESA PLAZA, LLC May 5, 2022 OFFICERS of CRC Marquesa Manager, LLC and Livingston and Pine Ridge, LLC J.M. Schapiro – CEO/President John A. Luetkemeyer, Jr. – VP, Treas. J. Mark Schapiro – VP, Sec. Nicholas F. McCoy – VP David P. Donato – VP Lauren M. Wayne – VP Crystal Frey - VP Trusts and entities for the benefit of Schapiro, Luetkemeyer and Brett D. Forman Families CRS Marquesa Manager, LLC Honolulu, LLC – 33.15% (Weinberg affiliate) No other members own more than a 10% membership interest CRS Marquesa Plaza, LLC Florida LLC Marquesa Plaza Naples, FL Managing Member Profits Interest Florida LLC Livingston and Pine Ridge, LLC 100% Florida LLC Class A Members Passive Return 16.A.7.dPacket Pg. 288Attachment: Livingston and Pine Ridge LLC - PODF (21981 : VAC-Marquesa Plaza)Exhibit "A"
BENEFICIAL INTEREST & CONTROL STRUCTURE
CRS MARQUESA PLAZA, LLC
May 5, 2022
OFFICERS of CRC Marquesa Manager,
LLC and Livingston and Pine Ridge, LLC
J.M. Schapiro – CEO/President
John A. Luetkemeyer, Jr. – VP, Treas.
J. Mark Schapiro – VP, Sec.
Nicholas F. McCoy – VP
David P. Donato – VP
Lauren M. Wayne – VP
Crystal Frey - VP
Trusts and entities for the benefit of
Schapiro, Luetkemeyer and
Brett D. Forman Families
CRS Marquesa
Manager, LLC
Honolulu, LLC – 33.15%
(Weinberg affiliate)
No other members own more than
a 10% membership interest
CRS Marquesa Plaza, LLC
Florida LLC
Marquesa Plaza
Naples, FL
Managing Member
Profits Interest
Florida LLC
Livingston and Pine Ridge, LLC
100%
Florida LLC
Class A Members
Passive Return
16.A.7.d
Packet Pg. 289 Attachment: Livingston and Pine Ridge LLC - PODF (21981 : VAC-Marquesa Plaza)
16.A.7.ePacket Pg. 290Attachment: LONO Sent to Agent of Naples One, LLC-No Response (21981 : VAC-Marquesa Plaza)
Civil Engineers Land Surveyors Planners Landscape Architects
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
G:\Engineering\PROJ-ENG\M\MPSDPA\Civil\03Design and Permitting\00 Vacation\Letter of No Objection- Agent.docx
REGISTRED MAIL RETURN RECEIPT
December 22, 2021
Ronald Clark, Esquire
500 South Florida Avenue
Suite 800
Lakeland, FL 33801
Re: Marquesa Plaza
Request for Vacation of a Portion of a Conservation Easement
Dear Mr. Clark,
On behalf of the property owner, we are submitting an application to vacate a vacate a conservation
easement that is in the way of a driveway interconnect between the your parcel and Marquesa Plaza.
The vacation has already been processed by SFWMD for their interest in the easement. There are no
other interested parties: the property is owned by one entity and there are no utilities located within
the easement. The vacation will allow for the interconnect which will assist in limiting traffic on
adjoining public road networks. Collier County has requested this letter of no objection from you.
Enclosed for your review is a copy of the site plan showing the interconnect.
If you have any questions or require additional information, please contact our office. Otherwise,
please evidence your ‘no objection’ to the proposed vacation by signing at the space provided below
and returning a copy of this letter to our office at your earliest convenience or providing a separate
letter of no objection.
Sincerely,
Michael J. Delate, P.E.
Sr. Vice President
__________________________ ___________
Signature Date
__________________________
Printed Name
16.A.7.e
Packet Pg. 291 Attachment: LONO Sent to Agent of Naples One, LLC-No Response (21981 : VAC-Marquesa Plaza)
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Packet Pg. 292 Attachment: Conservation Easement OR 4049 pg 2808 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 293 Attachment: Conservation Easement OR 4049 pg 2808 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 297 Attachment: Conservation Easement OR 4049 pg 2808 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 298 Attachment: Conservation Easement Partial Release OR 5963 pg 1966 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 312 Attachment: Conservation Easement Partial Release OR 5963 pg 1966 (21981 : VAC-Marquesa Plaza)
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Packet Pg. 313 Attachment: Conservation Easement Partial Release OR 5963 pg 1966 (21981 : VAC-Marquesa Plaza)
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1
Kim Scher
From:Matthew Baker <mbaker@crcrealty.com>
Sent:Wednesday, February 9, 2022 7:36 AM
To:Michael Delate
Subject:Fwd: Marquesa Plaza
Good morning Michael,
Laurie was kind enough to shed some light on this one to Ray. Let hope this helps bring us closer to the finish
line.
Matt Baker | Real Estate Manager-Commercial Division
Continental Realty Corporation
2148 Tamiami Trail N | Naples, FL 34102
239.963.9879 | Follow us on Glassdoor
From: BeardLaurie <Laurie.Beard@colliercountyfl.gov>
Sent: Wednesday, February 9, 2022 7:16:48 AM
To: Matthew Baker <mbaker@crcrealty.com>
Subject: FW: Marquesa Plaza
*** Think Before You Click: This email originated outside of Continental Realty Corporation. ***
Matt,
I just sent the attached e-mail to Ray Bellows to see if I can get this pushed through.
Hopefully it answers some questions of his.
Laurie Beard
Project Manager
Please note new address:
PUD Monitoring, GMD
2800 N. Horseshoe Drive
Naples, FL 34104
Laurie.Beard@CollierCountyFL.gov
Phone: (239)-252-5782
From: BeardLaurie
Sent: Wednesday, February 9, 2022 7:16 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Subject: FW: Marquesa Plaza
Ray,
I have been working for years on this interconnection from Whippoorwill Lane to Marquesa Plaza. (Since 2018)
Transportation added language to each PUD so that this interconnect would keep traffic off of Pine Ridge
Road.
16.A.7.h
Packet Pg. 328 Attachment: Email from Laurie Beard (21981 : VAC-Marquesa Plaza)
2
The owners of Marquesa Plaza have been working diligently on this for the past few years.
They inherited this when they purchased the property and they have had to jump through many hurdles with
preserve areas and SFWMD, changes in staff with SFWMD, etc.
It has been a long process but we are near the finish line.
Please consider this the request of the Transportation Department to complete the interconnection as it is a
benefit to the transportation network.
Also, there should not be any need for a change in zoning for this interconnect as it is a commitment within the
PUD and all PUD’s between Marquesa Plaza and Whippoorwill Lane.
Please let me know if you need any other information.
Thank you.
Laurie Beard
Project Manager
Please note new address:
PUD Monitoring, GMD
2800 N. Horseshoe Drive
Naples, FL 34104
Laurie.Beard@CollierCountyFL.gov
Phone: (239)-252-5782
From: BeardLaurie
Sent: Tuesday, February 8, 2022 1:34 PM
To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Subject: RE: Marquesa Plaza
Marquesa Plaza is in the process of getting the interconnection approved.
They have had to jump through an unbelievable amount of hoops to get this far.
The interconnection is required and Thrive will need to complete their portion of the interconnection.
That said, I think they may be working with Marquesa to make it one project.
Laurie Beard
Project Manager
Please note new address:
PUD Monitoring, GMD
2800 N. Horseshoe Drive
Naples, FL 34104
Laurie.Beard@CollierCountyFL.gov
Phone: (239)-252-5782
From: SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Sent: Tuesday, February 8, 2022 11:19 AM
To: BeardLaurie <Laurie.Beard@colliercountyfl.gov>
Subject: FW: Marquesa Plaza
Care to weigh in on this one again…
From: Michael Delate <mdelate@gradyminor.com>
Sent: Tuesday, February 8, 2022 10:12 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: PerryDerek <Derek.Perry@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Subject: RE: Marquesa Plaza
16.A.7.h
Packet Pg. 329 Attachment: Email from Laurie Beard (21981 : VAC-Marquesa Plaza)
3
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Thanks, Ray.
From: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Sent: Monday, February 07, 2022 6:12 PM
To: Michael Delate <mdelate@gradyminor.com>
Cc: PerryDerek <Derek.Perry@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>
Subject: FW: Marquesa Plaza
Hi Mike,
Since the Baldridge PUD came first, it only contained a provision to provide interconnection
to the west when required by Collier County. The subsequent Brynwood Center CPUD
contains a specific provision to provide a shared access as noted below. As a result, staff has
the ability to require the Baldridge ownership interest to complete the shared access.
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Michael Delate <mdelate@gradyminor.com>
Sent: Monday, February 07, 2022 3:30 PM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: PerryDerek <Derek.Perry@colliercountyfl.gov>
Subject: Marquesa Plaza
16.A.7.h
Packet Pg. 330 Attachment: Email from Laurie Beard (21981 : VAC-Marquesa Plaza)
4
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi, Ray.
I was wondering if you could help me with something.
I had a meeting with Derek Perry and Craig Brown re the proposed interconnection with Marquesa Plaza (fka Baldridge)
and Thrive. The Thrive project has their internal drive terminate near the Marquesa Plaza property line. Derek wanted
me to confirm with you the MP PUD allowed that interconnection. I believe Thrive was requested by staff to make that
interconnection like they did to the east at Kraft. Only makes sense. This provision below is from the MP/Baldridge PUD
which would seem to allow this interconnection.
If you can provide any guidance on this, I’d appreciate it.
Thanks.
Mike
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
16.A.7.h
Packet Pg. 331 Attachment: Email from Laurie Beard (21981 : VAC-Marquesa Plaza)
1
Kim Scher
From:BellowsRay <Ray.Bellows@colliercountyfl.gov>
Sent:Monday, February 7, 2022 6:12 PM
To:Michael Delate
Cc:PerryDerek; SawyerMichael
Subject:FW: Marquesa Plaza
Attachments:Pages from Sub 3 SDPA Plans.pdf; Ordinance 2002-55.pdf; Ord. 12-37.pdf
Hi Mike,
Since the Baldridge PUD came first, it only contained a provision to provide interconnection
to the west when required by Collier County. The subsequent Brynwood Center CPUD
contains a specific provision to provide a shared access as noted below. As a result, staff has
the ability to require the Baldridge ownership interest to complete the shared access.
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
16.A.7.i
Packet Pg. 332 Attachment: Email from Ray Bellows (21981 : VAC-Marquesa Plaza)
2
From: Michael Delate <mdelate@gradyminor.com>
Sent: Monday, February 07, 2022 3:30 PM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: PerryDerek <Derek.Perry@colliercountyfl.gov>
Subject: Marquesa Plaza
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi, Ray.
I was wondering if you could help me with something.
I had a meeting with Derek Perry and Craig Brown re the proposed interconnection with Marquesa Plaza (fka Baldridge)
and Thrive. The Thrive project has their internal drive terminate near the Marquesa Plaza property line. Derek wanted
me to confirm with you the MP PUD allowed that interconnection. I believe Thrive was requested by staff to make that
interconnection like they did to the east at Kraft. Only makes sense. This provision below is from the MP/Baldridge PUD
which would seem to allow this interconnection.
If you can provide any guidance on this, I’d appreciate it.
Thanks.
Mike
16.A.7.i
Packet Pg. 333 Attachment: Email from Ray Bellows (21981 : VAC-Marquesa Plaza)
3
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
16.A.7.i
Packet Pg. 334 Attachment: Email from Ray Bellows (21981 : VAC-Marquesa Plaza)
Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
LIVINGSTON AND PINE RIDGE LLC
1427 CLARKVIEW ROAD #500
BALTIMORE, MD 21209
LIVINGSTON AND PINE RIDGE LLC
1427 CLARKVIEW ROAD #500
BALTIMORE, MD 21209
15,999,932
15,999,932
15,999,932
15,999,932
17,766,892
17,766,892
15,999,932
15,999,932
15,999,93215,999,932
$181,796.74
GENERAL FUND
WATER MANAGEMENT FUND-SOUTH FL
15,999,932
BIG CYPRESS BASIN
15,999,932
SCHOOL BOARD - STATE LAW
15,999,932
SCHOOL BOARD - LOCAL BOARD
17,766,892
COLLIER MOSQUITO CONTROL
17,766,892
NNF/NORTH COLLIER FIRE CONTROL
15,999,932
UNINCORP GEN - MSTD
15,999,932
C.C. WATER POLLUTION CTRL PGM 0.0293
15,999,9320.8069
15,999,932
1.0000
0.1662
2.2480
2.7680
0.1152
0.1103
3.5645
$0.00
Pay your current taxes online at:
http://www.colliertaxcollector.com/
104
104
$181,796.7410.8084
Paid By
Receipt #
00287480003
00287480003
174524.87
LIVINGSTON AND PINE RIDGE LLC
18 49 26 W1/2 OF NW1/4 OF
NW1/4, LESS N 75FT R/W LESS RW
DESC IN CASE # 00-1397 97,
LESS R/W DESC IN
Continued (See Tax Roll)
18 49 26 W1/2 OF NW1/4 OF
NW1/4, LESS N 75FT R/W LESS RW
DESC IN CASE # 00-1397 97,
LESS R/W DESC IN
Continued (See Tax Roll)
TAX HSP 1-21-00267406
0
0
0
11/19/2020
If Paid By
If Paid By
0
Nov 30, 2020
Nov 30, 2020
0
0
0
0
57,031.76
0
1,764.79
2020 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2020 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
Please Pay
Please Pay
1,843.19
$0.00
$0.00
49,178.76
39,939.97
2,659.19
15,999.93
12,910.35
468.80
16.A.7.j
Packet Pg. 335 Attachment: 2021 Paid Tax Bill (21981 : VAC-Marquesa Plaza)
Office Hours Office HoursMain Office 8:00 am 5:00 pm (239) 252-8172 Immokalee Courthouse Annex 8:00 am 5:00 pm (239) 657-2054Naples City Hall 9:00 am 5:00 pm (239) 434-5687 Marco Island 1040 Winterberry Dr. 8:00 am 5:00 pm (239) 394-6986Eagle Creek Freedom Square 9:00 am 6:00 pm (239) 417-3036 Orange Blossom 2335 Orange 9:00 am 6:00 pm (239) 252-8172Everglades City Courthouse 8:00 am 5:00 pm (239) 695-2511 Blossom Dr Golden Gate Center 9:00 am 6:00 pm (239) 455-2858 Wilson Blvd 50 S. Wilson Blvd. 9:00 am 6:00 pm (239) 348-1011Green Tree Shopping Center 9:00 am 6:00 pm (239) 598-2525
RECEIPTS AVAILABLE ONLINE (www.colliertaxcollector.com) OR ON A WALK-IN BASIS AT ANY COLLIER COUNTY TAX COLLECTOR LOCATION.
If you have sold any of the REAL ESTATE property assessed to you, PLEASE RETURN THIS NOTICE to the TAX COLLECTOR
Please mail or bring bottom portion of this Notice with your remittance.
Taxes and Non-Ad Valorem Assessments are due November 1, discounts have been computed as follows:
4% if paid in November 3% if paid in December 2% if paid in January 1% if paid in February
Taxes and Non-Ad Valorem Assessments become delinquent April 1, at which time the law imposes: REAL ESTATE & NON-AD VALOREM A maximum of 18% per year plus other cost and fees. Tax Certificates will be sold pursuant to Florida Statutes.
TANGIBLE PERSONAL PROPERTY 1 ½ % per month plus advertising and fees. Warrants will be issued pursuant to Florida Statutes.
TAX COLLECTOR Responsible for preparation and mailing of tax notices based on information contained on the current tax roll certified by the Property Appraiser and Non-Ad Valorem assessments provided by the levying authorities. (239) 252-8172
PROPERTY APPRAISER- Responsible for preparation of the current Ad Valorem Tax Roll, Assessed Value, Exemptions, Taxable Value, Assessed Owners(s), name and mailing address and legal description of the property. (239) 252-8141
See insert for telephone numbers of the authorities responsible for Ad Valorem and Non-Ad Valorem rates.
Before April 1st, discounts are determined by postmark. As of April 1st, penalties are determined by date received. All payments made on or after April 1st must be in the form of cash, cashier’s check or money order.
You may make payment of your notice of taxes and assessments at the following offices Monday thru Friday.
16.A.7.j
Packet Pg. 336 Attachment: 2021 Paid Tax Bill (21981 : VAC-Marquesa Plaza)
RESOLUTION 2021- 243
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:
1. 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] Page 1 of 2
CAO
16.A.7.k
Packet Pg. 337 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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:BOARD F COUNTY COMMISSIONERS
CRYSTAL"Ify I I IZEL, CLERK COLLI TY, FLORIDA
By 0 ;. v
de.
i L— By:
Atte .as to ' 4 Irma , Deputy Clerk Penny Tayl , Chairman
Approved'a &to.forr and legality:
4i)
erek D. Perry
Assistant County Attorney q/A
Z12,
u\
Attachments:
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-043 3 8/1 5 74 8 3 7/5] Page 2 of 2
C110
16.A.7.k
Packet Pg. 338 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
p1,L14
V rN
1 AIL
ri I1N`1
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 Ssection 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 / Planning and Regulation, Engineering Services Section. It must be
accompanied by a non-refundable application fee (refer to Growth Management
Development Services' / Planning and Regulation 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 (FEEee SIMPLEimple DEEDeed). If petitioner is
Attachment"A" 20-EIS-04338/1574837/5]
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16.A.7.k
Packet Pg. 339 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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 Y2" 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 Y2" X 11"
paper labeled in bold capital letters as EXHIBIT "A". This legal description is to bo
accompanied by a sketch of the legal description. 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-04338/1574837/5]
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C)
90
16.A.7.k
Packet Pg. 340 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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).
i)j) A property ownership disclosure form listing all persons with equitable interests in
the application.
ik "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 / Planning and Regulation Administrator or his 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, Engineering Services Development
Review Division will distribute the package to the following areas for their approval
or objection:
1-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
29) Collier County Engineering ScrviceJDevelopment Review Division—
Subdivision-Review
310)Collier County Engineering ServiceJCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation Department 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.
1011If 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-04338/1574837/5]
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16.A.7.k
Packet Pg. 341 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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 Regal description and sketch 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) An attorney's title opinion or certification by a title company Ownership &
Encumbrance Report by a title company(current),:
3) Executed conveyance document, and:
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition application
for completeness and compliance with this Resolution.Engineering
ServicesDevelopment 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 Ssection 336.09, Florida Statutes.
4. Once the time and date of the public hearing isare 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 Engineering ServicesDevelopment 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 h4mthem.
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-04338/1574837/5]
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Ode)
16.A.7.k
Packet Pg. 342 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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 reuse 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 for request review 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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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 countyies, 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 Engineering ServicesGrowth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' / Planning and Regulation 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(FEEee SIMPLEimple DEEDeed).
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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Packet Pg. 344 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
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 11"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 any proposed landscaping.
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
description is to be accompanied by a skctch of the legal description. Both the sketch
and 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.
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.
e}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
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 Engineering ServiceJDevelopment Review
Division will distribute the package to the following areas for their approval or
objection:-
4-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
39) Collier County Engineering ServicesDevelopment Review Division—
Subdivision-Revieweview
310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportations 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"null and void—
f}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 blegal description and sketch 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,7
2) Attorney's title opinion or Ownership & encumbrance Reportcertification 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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Packet Pg. 346 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment 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 isae 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
Engineering Servicesthe 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 h4mthemself 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 reuse 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 for request review 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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Oti
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 gsection 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 Services 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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Packet Pg. 348 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
to -Growth Management, Development Services' / Planning and Regulation 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
F€ ee SIMPLEimple DEEDeed).
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 11"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, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and 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.
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).
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 349 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters 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 Sheriffs 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,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept 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"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir 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-04338/1574837/5]
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Packet Pg. 350 Attachment: Resolution 2021-243 (21981 : VAC-Marquesa Plaza)
in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch 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 Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
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 anFor exchanges of real property interest is applicablepursuant 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 l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. 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 re 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 request review 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-04338/1574837/5]
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358
Hybrid Virtual Quasi-Judicial Public Hearing Waiver
Emergency/Executive Order 2020-04
Hearing of the Collier County Planning Commission
and Board of County Commissioners
For Petition Number(s): _________________________________________________________________
Regarding the above subject petition number(s), ________________________________ (Name of
Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the
Collier County Planning Commission and Board of County Commissioners, and waives the right to
contest any procedural irregularity due to the hybrid virtual nature of the public hearing.
Name: _________________________________ Date: ___________________________
Signature*: ______________________________
Applicant
Legal Counsel to Applicant
* This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an
officer of the corporate entity) or the legal counsel to the Applicant.
4
Livingston and Pine Ridge, LLC
Lauren Wayne
VAC-PL20210002579
DocuSign Envelope ID: 2A4A3C60-9A1C-43CE-ADCC-AEC977D50C15
Apr 28, 2022 | 12:32 PM EDT
16.A.7.l
Packet Pg. 352 Attachment: BCC_Hybrid_Meeting_Waiv (21981 : VAC-Marquesa Plaza)
Certificate Of Completion
Envelope Id: 2A4A3C609A1C43CEADCCAEC977D50C15 Status: Completed
Subject: Please DocuSign: CCPC-BCC Hybrid Meeting Waiver.pdf
Source Envelope:
Document Pages: 1 Signatures: 1 Envelope Originator:
Certificate Pages: 1 Initials: 0 Angela Sansone
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
1427 Clarkview Road
Suite 500
Baltimore, MD 21209
angelas@crcrealty.com
IP Address: 98.233.202.69
Record Tracking
Status: Original
4/28/2022 12:17:52 PM
Holder: Angela Sansone
angelas@crcrealty.com
Location: DocuSign
Signer Events Signature Timestamp
Lauren Wayne
LWayne@crcrealty.com
Vice President, Accounting
Continental Realty Corporation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to LWayne@crcrealty.com
Using IP Address: 107.0.131.200
Sent: 4/28/2022 12:18:51 PM
Viewed: 4/28/2022 12:32:01 PM
Signed: 4/28/2022 12:32:07 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/28/2022 12:18:51 PM
Certified Delivered Security Checked 4/28/2022 12:32:01 PM
Signing Complete Security Checked 4/28/2022 12:32:07 PM
Completed Security Checked 4/28/2022 12:32:07 PM
Payment Events Status Timestamps
16.A.7.l
Packet Pg. 353 Attachment: BCC_Hybrid_Meeting_Waiv (21981 : VAC-Marquesa Plaza)