Agenda 12/13/2022 Item #17E (Petition VAC Parrot Cay - PL20220004852)12/13/2022
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC -
PL20220004852, to disclaim, renounce and vacate the County and the public interest in a portion of the 7.5-
foot drainage easement located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page
75, of the public records of Collier County, Florida, located in Section 1 , Township 51 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 7.5 -foot
drainage and irrigation easement located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58,
Page 75 of the public records of Collier County, Florida, located in Section 1, Township 51 South, Range 26 East,
Collier County, Florida, being more specifically shown in Exhibit “A”.
CONSIDERATIONS: Petition VAC-PL20220004852 has been received by the Development Review Division,
Growth Management Community Development Department, from J Gary Butler, of J Gary Butler, P.A., as agent
for the property owner, to vacate a portion of the 7.5-foot drainage easement and irrigation easement located along
the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page 75, of the public records of Collier County,
Florida, located in Section 1, Township 51 South, Range 26 East, Collier County, Florida. The plat dedicates the
drainage easements to Collier County and Naples Reserve Community Development District and the irrigation
easements only to Naples Reserve Community Development District.
History: The original lot boundary survey failed to show Lot 53’s 7.5-foot portion of a platted 15-foot drainage
easement (shared with adjacent Lot 54). The survey was utilized by the architect to develop the site plan for the
building permit. County staff did not discover the omission during the permit review process. The surveyor staked
out the building per the approved site plan. After construction started, the surveyor performed a spot survey that
omitted the easements, and the County approved. The applicant later added a pool to the site plan and submitted for
pool permit. County staff subsequently discovered the omission while reviewing the pool permit. Unfortunately, by
this time, the home was 90% complete.
Benefit: Vacation of just 11 inches of Lot 53’s 7.5-foot portion of a platted 15-foot drainage and irrigation easement
(shared with adjacent Lot 54) will eliminate the need to demolish and reconstruct a portion of the home, alleviating a
major financial hardship, as well as an estimated one-year delay of occupancy by the owner. Demolition of a portion
of the home and extension of the construction period would have an unnecessary detrimental effect on the adjacent
neighbors as well as an impact on the neighborhood as a whole.
Impact: Reduction of the easement width by 11 inches will have virtually no effect on the easement maintenance
entities or responsibilities. Maintenance of the stormwater pipe is accomplished by utilization of a pumper truck
with a vacuum hose dropped in the street inlet and a high-pressure jet to flush silt and sand from the outfall back to
the inlet for removal by the vacuum hose and no easement access is typically required. Maintenance of any irrigation
line breaks would typically be accomplished with hand labor. Reinforced concrete pipes have an estimated useful
life of 70 to 100 years or longer. Replacement of a 15-inch pipe at that time could be accomplished by a mini
excavator, as the pipe sections weight only 1100 pounds. In contrast, replacement of a 36-inch concrete pipes
requires a track hoe, as the pipe sections weight 4000 pounds and required a trench width twice the width of a 15-
inch pipe. There are three 15-foot drainage easements serving other basin lake interconnects to this lake that do
utilize 36-inch concrete pipes.
Conclusion: The remaining 14-feet of drainage and irrigation easement is more than adequate to maintain the
existing 15-inch concrete pipe and any future replacement, as well as the irrigation system components.
Additionally, the vacation will eliminate the title issue associated with the encroachment, whereas a consent to use
easement agreement would not. The impact to benefit ratio is truly “de minimis”.
The Development Review Division has reviewed this petition and found no reason for objection.
17.E
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12/13/2022
FISCAL IMPACT: Growth Management Community Development 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: The petitioner is requesting the vacation of a portion of the 7.5-foot drainage
easement and irrigation easement located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58,
Page 75, of the Public Records of Collier County, Florida.
Pursuant to Resolution 2021-243 and Florida Statutes section 177.101, the Board may adopt resolutions vacating
plats in whole or in part of subdivisions in Collier County, returning the property covered by such plats either in
whole or in part into acreage, when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established;
2. The request does not invade or violate individual property rights;
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated; and
4. The vacation will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision.
This item has been approved as to form and legality, and requires a majority vote for Board approval. --DDP
RECOMMENDATION: To approve the attached Resolution, relating to Petition VAC-PL20220004852, which
will vacate the County and the public interest in a portion of the 7.5-foot drainage easement and irrigation easement
located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page 75, of the public records of
Collier County, Florida, located in Section 1, Township 51 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 and to make proper notation of this Resolution on the plat of Parrot Cay, as
recorded in Plat Book 58, Page 75, of the public records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENT(S)
1. Exhibit B Location-site Map (PDF)
2. Resolution - 120722 (PDF)
3. Application (PDF)
4. Affidavit of Authorization (PDF)
5. Property Ownership Disclosure Form (PDF)
6. Warranty Deed (PDF)
7. LONO Capital Projects Stormwater (PDF)
8. LONO Naples Reserve CDD (PDF)
9. LONO Naples Reserve HOA (PDF)
10. Plat Parrot Cay (PDF)
11. Tax Receipt 2021 Paid (PDF)
12. Resolution 2021-243 (PDF)
13. CCPC-BCC Hybrid Meeting Waiver ss (PDF)
14. legal ad - Agenda ID 23642 (1st of 2 ads) (PDF)
15. legal ad - Agenda ID 23642 (2nd of 2 ads) (PDF)
17.E
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12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 23642
Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition
VAC-PL20220004852, to disclaim, renounce and vacate the County and the public interest in a portion o f the 7.5-
foot drainage easement located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page 75, of
the public records of Collier County, Florida, located in Section 1, Township 51 South, Range 26 East, Collier
County, Florida.
Meeting Date: 12/13/2022
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
11/07/2022 6:44 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
11/07/2022 6:44 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
11/07/2022 7:02 AM
Growth Management Department Diane Lynch Growth Management Department Completed 11/07/2022 1:37 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
11/07/2022 3:41 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/08/2022 3:38 PM
Road Maintenance Gerald Kurtz Additional Reviewer Completed 11/15/2022 9:48 AM
Growth Management Department Jaime Cook Division Director Completed 11/17/2022 8:41 AM
Growth Management Department Trinity Scott Transportation Completed 11/21/2022 1:23 PM
Growth Management Department James C French Growth Management Skipped 11/22/2022 10:14 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/06/2022 9:26 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2022 9:49 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/06/2022 5:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/07/2022 8:19 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/07/2022 11:24 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
17.E
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TAMIAMI TRAIL (U.S. 41)COLLIER BOULEVARD
Growth Management Department2800 North Horseshoe Drive, Naples Florida 34104Development Review DivisionMarcus L. Berman P.S.M.Professional Surveyor & Mapper LS 5086County Land SurveyorNOT TO SCALEPrepared by:EASEMENTVACATEDPROJECTLOCATIONBEINGPORTIONOFH:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\PUD Maps\PUD-MAP2015-2.dwg, 7/26/2022 10:49:43 AM, MarcusBerman17.E.1Packet Pg. 2771Attachment: Exhibit B Location-site Map (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2772 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2773 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2774 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2775 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2776 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2777 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.2
Packet Pg. 2778 Attachment: Resolution - 120722 (23642 : VAC-Parrot Cay Lot 53)
17.E.3
Packet Pg. 2779 Attachment: Application (23642 : VAC-Parrot Cay Lot 53)
17.E.3
Packet Pg. 2780 Attachment: Application (23642 : VAC-Parrot Cay Lot 53)
17.E.3
Packet Pg. 2781 Attachment: Application (23642 : VAC-Parrot Cay Lot 53)
17.E.4
Packet Pg. 2782 Attachment: Affidavit of Authorization (23642 : VAC-Parrot Cay Lot 53)
17.E.5
Packet Pg. 2783 Attachment: Property Ownership Disclosure Form (23642 : VAC-Parrot Cay Lot 53)
17.E.5
Packet Pg. 2784 Attachment: Property Ownership Disclosure Form (23642 : VAC-Parrot Cay Lot 53)
17.E.5
Packet Pg. 2785 Attachment: Property Ownership Disclosure Form (23642 : VAC-Parrot Cay Lot 53)
17.E.6
Packet Pg. 2786 Attachment: Warranty Deed (23642 : VAC-Parrot Cay Lot 53)
17.E.6
Packet Pg. 2787 Attachment: Warranty Deed (23642 : VAC-Parrot Cay Lot 53)
1
gary butlereng.biz
From:OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent:Thursday, September 22, 2022 4:39 PM
To:gary butlereng.biz
Cc:RomanDaniel; JohnssenBeth
Subject:PL20220004852 LONO for Easement Vacation at 14361 Charthouse Circle Lot 53 Parrot Cay
Attachments:53-PARROTCAY - EXHIBIT A.pdf
Dear Mr. Butler,
Please consider this e‐mail as a letter of no objection (LONO) to your request for a partial vacation of eleven inches of an
irrigation and drainage easement along the north property line of Lot 53 53 Parrot Cay 14361 Charthouse Circle, as
depicted in the attached Exhibit A . The Collier County Stormwater Management Section has reviewed your proposal
request (PL20220004852) for a partial vacation as depicted in Exhibit A and has no objection to the vacation. If the
configuration or the extent of the vacation changes, we reserve the right to re‐review said proposed partial irrigation
and drainage easement vacation.
Sincerely,
Rick Orth
Richard Orth, P.G., Sr. Environmental Specialist
Collier County Transportation Management Services Department
Capital Project and Impact Fees Program Management
Stormwater Management Section
2685 South Horseshoe Drive, Ste 103, Naples, FL 34104
Office 239‐252‐5092, Cellular 239‐276‐3085
RichardOrth@CollierGov.Net
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.
17.E.7
Packet Pg. 2788 Attachment: LONO Capital Projects Stormwater (23642 : VAC-Parrot Cay Lot 53)
17.E.7Packet Pg. 2789Attachment: LONO Capital Projects Stormwater (23642 : VAC-Parrot Cay Lot 53)
Naples Reserve Community Development District
2300 Glades Road, Suite 410W●Boca Raton, Florida 33431
Phone: (561) 571-0010●Fax: (561) 571-0013●Toll-free: (877) 276-0889
September 8, 2022
Collier County Growth Management Department
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Letter of No Objection – Partial Vacation of Easement
Address: 14361 Charthouse Circle, Naples, FL 34114 (“Property”)
To Whom It May Concern:
Naples Reserve Community Development District (the “District”) is an
independent special district that encompasses the Naples Reserve community. Pursuant to
the dedications on the plat of Parrot Cay, as recorded in Plat Book 58, Pages 75 through 78,
inclusive, of the Public Records of Collier County, Florida, the northwest side of the Property
is subject to and encumbered by a 7.5’ drainage easement and irrigation easement
(collectively, the “District Easement”). The District is the owner and holder of certain rights
in the District Easement.
We have been advised that the owner of the Property desires to vacate eleven
inches of the District Easement, as shown more particularly on the attached Exhibit “A” (the
“Vacated Easement”). Additionally, we have been advised that Collier County has requested
a letter from the District authorizing the vacation of the Vacated Easement.
At the meeting of the Board of Supervisors of the District held on September 1,
2022, the Board authorized this issuance of a letter of no objection to the vacation of the
Vacated Easement. Accordingly, the District has no objection to the vacation of the Vacated
Easement in the configuration presented to the District. If the configuration changes or the
extent of the vacation changes, we reserve the right to re-review said proposed partial
vacation of the District Easement.
If you have any questions or require further information, please contact me at
561.571.0010 or 1.877.276.0889.
Sincerely,
Cindy Cerbone
District Manager
cc: J. Gary Butler, Esq. (via email, gary@butlerlaw.biz)
17.E.8
Packet Pg. 2790 Attachment: LONO Naples Reserve CDD (23642 : VAC-Parrot Cay Lot 53)
---------------------------------------------------------------P""'--------------------..+ SKETCH OF DESCRIPTION DESCRIPTION: AS FURNISH ED BY CLIENT t• 14361 Charthouse Circle LOT 53I ~ I PARROT CAY ~I ~ B AS RECORDED IN PLAT BOOK~PAGE__lLTHRU_1L& Occupied OF THE PUBLIC RECORDS OF ~COUNTY, FLORIDAPOINT OF Found 5/8•;,, rOMMENCEJ.IENT POINT OF Iron Pin THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT ~ SEGINNIN~ S 51'01'53" W 130.00' (PL&M) No ID/ RECORDED ON THIS PLAT lliAT MAY BE FOUND IN THE·<,-, 25. PUBLIC RECORDS OF THIS COUNTY. Benchmorl< .\:) / PORTION OF D.£. TO ~E~ VACA 1ED 71.49 SO. FT.\ "' Rl IC) I Ll I HEREBY CERTIFY TO:PK Noil ond ,~ --+ 7.S' 0.E. & I.E. _ .u; " 4 S•t 5/8' Iron Pin ./6.5' 10.0' and CopDisk #6952 L~ 10.:JB I FLORIDA LIFESTYLE HOMES, INC.; El. ~ 7.2D'(NAVD) I OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY;;. I /J964 I;. KEVIN A. DENTI, P.A.;I "! I0 '! AMERICAN MOMENTUM BANK;v-Cd~ofI :S.9' I <'. , Nbt..-<'. I ... ~ c:,."' ~ I c:,. I ,,.:o· ~ 2.. <o THAT A SUR'IEY OF TI,E HEREON DESCRIBED PROPERlY Wl>S MAIJEI <o s1 t I 0\ UNDER MY DIRECTION AND MEETS THE MINIMUM TECHNICAL STANDARDSI .. §: c::: ~ ~ <::, 0, I AS PER CHAPTER 5J-17, FLORIOA ADMINISTRA11VE CODE.0\ I ci•~ ~ ~i '! 0, I '-t Q."' ~ I EL.ECTRONK: SIGNATUR£ USED IN ACCORDANCE Wffil APPLICABLE STA1E "( ~ I . LAWS ANO RULES lf'fCWOlNG Blff NOT LIMITED TO FLORIDA STATUTES 0 it ~ I 4.0' "! I ~ I Tract Ll 558.001, 558.50 ANO FLORIDA ADMINISTRATI\IE CODE CHAP1ER 5J-17. ;~~~rn~ ~ ;, . ~ ;; ~ ~~""' b :::;; ~ \llllrtl1t;i, rs iii I ... ::) s -I I<" (LAKE, 0£) 5J-17.051(3)(b)6 -ADDITION OR DELETIONS TP,' ~& OR ~ ~ 9T I REPORTS BY OTHER TliAN THE SIGNING P~~ • , I~ ,,I ;;; 0,~ ~ -20.s· ~~r~ e! ~ I :--J PROHIBffED WITHOUT WRITTEN CONSENT OF _;/HE ~F01t_;i@m!..C:l ~-I ~ 24.8' I o;g;ta1y,;g,edby 2 /c,<,,; ~••. o.! ~ I Lo• Geroge ~ ~~ ~ I::::r ~ ~ Antonio Trigo An10<11oT,1goPLSNo f { No. 2952 \ 0 Qi ll ~ I D•v.=8.47' : ~ ~ ~ ;;; I I .., s-'-': "! ill 2982 =· ·= I 't Q I PLS No 2982 O.tec2022.06.3009c1M~, STATE OF ;15ii:l '-t ~ ,-.. I~"" ~ I " "' 0.6' I l i\ r. l"tf-04'00' ,-.. ~"'q I I THIS CERTIFlCATION IS ONLY FOR niE i.Jl/)l~~~ I~,,,~g-r. ~ j)> I ~ ABOVE. IT IS NOT A CERTIFlCATION OF TIT!'. R ,,,, C I 2.0• "! 2J·-S.t 5/8" FREEDOM OF ENCUMBRANCES. ABSTRACT rn:'~ ~ -20.2·-t/l 16.9' iron Pin \ UNDERGROUND IMPROVEMENTS NOT LOCATED U L NOTED. 7 0 Cb ~I <o I ;; Low~ ..."' and Cap LEGEND:61.S'£1~v.=IJ.59' jJ964 \ B8 -BEAAING 81,S',;-IUTI "! \i" ■ -FOUND CONCRCTE MONUMENT MEAS -MEASURED -M~ 24.5' LjJ.7')'5' Cone, ,Pod ~ C"'.) c; UN I ~I 4'Kt0' Cone. Padl_ \ D -SET CONCRETE MONUMENT {LB f 39&4) CALC. = CALCULATEDa' .... "' j)> £1~v.=9.0 Oev. =8.6J' !JI S.t 5/8. • = FOUND IRON PIN l>. = DELTA NIGL['< .., . I ... l~ ½. I I 0 = SET 5/8" ~ON PIN (LB f 3964) R -i,,aUS~ fron Pinr:i :,; • = FOUND NAIL CH = CHORD25.0' I ond Cap........ N 50"23'39" £ 131.51' (PL&M) /:,. = SET MIJL C8 = CHORD BEAAING S.t 5~• Iron /J964 8 = FOUND DRILL HOLE DE = DRAINAGE EASEMENTCb 1f Pin and Cop 9 = SET DAILL HOLE UE = UTILITY EASEMENT CONC. -OOMCRETE ~I P.T. -POINT OF TANGENCY I.WE • I.ME MUfrDWr::E EASElEfT IE - IRRIGATION EASEMENT /J964 P.C. = POINT OF CURVATURE P.I. = POINT OF INTERSECTIONLEGAL DESCRIPTION OF PORTION OF DRAINAGE EASEMENT LB. -LANO SURVEYING BUSINESS L.S. = i.NjD SIJ-~ Tract OS3 TO BE VACATED c.e.s. = CONCRETE BLOCK SlRUCTURE EL. = ELEVATION C/S = CONCRETE SLAB PL = PLAT(AO, DE, IE} P.R.C. = PO<KT OF REVERSE CURIIATURE 8 -CAil..£ 1V SER1,'1CEALL THAT PART OF LOT 53, PARROT CAY, AS RECORDED IN P.R.M. -PERMANENT REFERENCE MONUMENT )::{ = CONC P0MR POLEPLAT BOOK 58, PAGES 75-78, COLLIER COUNTY, FLORIDA PUE -PUBLIC UTILITY EASEMENT (I) = TELEPHONE SElMC£ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ill = WATER METER El = ELECTRIC SEIIVICE ~ '.: ~JT~ ...~ HOLE I COMMENCING AT niE WESTERLY CORNER OF SAID LOT 53: THENCE N. 51"01"53' E. A DISTANCE OF 42.00 FEET ALONG THE ! = ~~ARJALCJtfAH 00T SURVEY DATE: 10L30L2019 LINE 8£ARING DISTANCE COMMON PROPERTY LINE OF LOTS 53 ANO 54, PARROT CAY; FIELD BOOK 701 PAGE 74LI N 5/'0r'SJ" E 42.DD' ,.THENCE LEAVING SAID COMMON PROPERTY LINE RUN DRAWN BY: PSC SCALE: = 20'L2 S J8'58'07" E 6.58' S. 38°58'07" E. A DISTANCE OF 6.58 FEET TO THE POINT OF LJ N Sl'Ol'SJ" E 77.71' BEGINNING OF lliE PARCEL HEREIN DESCRIBED; REVISIONS: BOOK PAGE L4 S J8'58'07" E 0.92' 11/06/19 Revised CertificationsTHENCE N. 51'01'53" E. A DISTANCE OF 77.71 FEET; L5 s s,v,·sr w 77.71' 1 ½30/421 Add Foundation Location DwgTHENCE s. 3a·5a•o7• E. A DISTANCE OF 0.92 FEET; 6 23 2022 7.5' Drainage Easement ~ L6 N J8'58'07" W 0.92' THENCE S. 51'01'53" W. A DISTANCE OF 77.71 FEET; THENCE N. 38'58'07" W. A DISTANCE OF 0.92 FEET BACK TO THE POINT OF BEGINNING. Fwnd PK Nail & Disk SAID PARCEL CONTAINING AN AREA OF 71.49 SQUARE FEET. ~A. TRIGO & ASSOCIATES, INC. #6952 at P.I. GRAPHIC SCALE PROFESSIONAL LAND SURVEYORS & IUPPERS 2223 TRADE CENTER WAY>-----CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE NAPLES, FLORIDA 34109~ c, (Pt..t/1. 60.0D' 13.50' IJ.47' N 46'21'44" W 12'5J'24" LAND SURVEYING BUSINESS # 396~0 20 40 60 C2 (Pt.l/11 255.DD' 4.22' 4.22' N J9'26'J4' W DD'56'SS' CJ (Pt..t/1. JBS.DD' 6.Jl' 6.Jl' N J9'26'JS' W DD'56'SS' FILE NO: A 19.0298 +----------------------------------------------------------------------------Exhibit "A"17.E.8Packet Pg. 2791Attachment: LONO Naples Reserve CDD (23642 : VAC-Parrot Cay Lot 53)
17.E.9
Packet Pg. 2792 Attachment: LONO Naples Reserve HOA (23642 : VAC-Parrot Cay Lot 53)
17.E.10
Packet Pg. 2793 Attachment: Plat Parrot Cay (23642 : VAC-Parrot Cay Lot 53)
17.E.10
Packet Pg. 2794 Attachment: Plat Parrot Cay (23642 : VAC-Parrot Cay Lot 53)
17.E.11
Packet Pg. 2795 Attachment: Tax Receipt 2021 Paid (23642 : VAC-Parrot Cay Lot 53)
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
17.E.12
Packet Pg. 2796 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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
17.E.12
Packet Pg. 2797 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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
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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 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.
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Packet Pg. 2799 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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Packet Pg. 2800 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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
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Packet Pg. 2801 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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Packet Pg. 2802 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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. 2803 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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Packet Pg. 2804 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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. 2805 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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Packet Pg. 2806 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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6,1
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
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Packet Pg. 2807 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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. 2808 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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. 2809 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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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Packet Pg. 2810 Attachment: Resolution 2021-243 (23642 : VAC-Parrot Cay Lot 53)
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Packet Pg. 2811 Attachment: CCPC-BCC Hybrid Meeting Waiver ss (23642 : VAC-Parrot Cay Lot 53)
17.E.14
Packet Pg. 2812 Attachment: legal ad - Agenda ID 23642 (1st of 2 ads) (23642 : VAC-Parrot Cay Lot 53)
17.E.15
Packet Pg. 2813 Attachment: legal ad - Agenda ID 23642 (2nd of 2 ads) (23642 : VAC-Parrot Cay Lot 53)