Agenda 01/24/2023 Item #17B (To adopt a Resolution to vacate the County and the public interest in a portion of Sandy Lane located in Section 9, Township 50 South, Range 26 East, Collier County, Florida being more specifically shown in Exhibit A)01/24/2023
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
PL20210000560, to disclaim, renounce and vacate the County and the public interest in a portion of Sandy
Lane located approximately one-half mile east of Santa Barbara Boulevard and one mile north of
Rattlesnake Hammock Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of Sandy Lane
located in Section 9, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit “A”.
CONSIDERATIONS: Petition PL20210000560 has been received by the Development Review Division, Growth
Management Community Development Department from Robert J. Mulhere, FAICP, as agent for the applicant to
vacate a portion of Sandy Lane located in Section 9, Township 50 South, Range 26 East, Collier County, Florida.
The applicant proposes to vacate a portion of the rights-of-way for Sandy Lane in order to redevelop approximately
107 acres into 640 single and multifamily dwelling units. The property is subject to a rezoning application
(PL20200001208) that will rezone the property from Agricultural (A) zoning district to a Residential Planned Unit
Development (RPUD). The vacated rights-of-way will be incorporated into the development and a new internal
roadway network and necessary utility easements will be established to serve the proposed community.
The Public Benefit is that the roadways will be interconnecting with the adjacent PUD to reduce the cut -through
traffic. Furthermore, Sandy Lane is subject to Resolution 2011-097, which requires the County to grade the
limerock road every 8 to 12 weeks, trim vegetation annually and mow the roadside area two times monthly, by
vacating this area, the County will no longer be obligated to perform the maintenance activities.
The Development Review Division has reviewed this petition and found no reason for objection.
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: Petitioner is requesting the vacation of the County and the public interest in
Sandy Lane, as shown and described in Exhibit “A” of the attached resolution.
Pursuant to Resolution 2021-243 and Florida Statutes sections 336.09 and 336.10, the Board, with respect to
property under their control, upon petition of any person or persons, may adopt a resolution to: (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; and/or (2) Renounce and disclaim any right of the County
and the public in and to any land, or interest therein, acquired by purchase, gift, de vise, dedication or prescription
for street, alleyway, road or highway purposes, other than lands acquired for state and federal highways, 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; and
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01/24/2023
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated or
provides a statement demonstrating the reason for the request, including any property or financial interest
or projects affected by a granting of such request.
This item has been approved as to form and legality, and requires a majority vote for Board approval. --DDP
RECOMMENDATION: Approve the attached Resolution, relating to Petition PL20210000560, which will
vacate the County and the public interest in a portion of Sandy Lane located in Section 9, Township 50 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A”, and direct 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. Application (rev 6-24-2022) (PDF)
2. Resolution - 121622 (PDF)
3. Affidavit of Authorization -(rev 4-2022) (PDF)
4. Property Ownership Disclosure Form (rev 4-2022) (PDF)
5. LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (PDF)
6. LONO from Collier County Capital Projects (PDF)
7. LONO Request Highlands Properties (PDF)
8. Tax Notices Paid 2021 (PDF)
9. Resolution 2021-243 (PDF)
10. Hybrid Virtual Quasi-Judicial Hearing Waiver (PDF)
11. legal ad - agenda ID 23522 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 23522
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
PL20210000560, to disclaim, renounce and vacate the County and the public interest in a portion of Sandy Lane
located approximately one-half mile east of Santa Barbara Boulevard and one mile north of Rattlesnake Hammock
Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a compani on to items 17C
and 17D)
Meeting Date: 01/24/2023
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
12/19/2022 5:49 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/19/2022 5:49 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
12/19/2022 7:01 AM
Growth Management Department Diane Lynch Growth Management Department Completed 12/19/2022 11:53 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
12/20/2022 1:38 PM
Growth Management Department Jaime Cook Division Director Completed 12/28/2022 4:16 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/29/2022 7:57 AM
Growth Management Department James C French Growth Management Completed 12/29/2022 6:14 PM
Growth Management Department Trinity Scott Transportation Completed 01/10/2023 6:20 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/13/2023 1:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/13/2023 1:18 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/13/2023 1:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2023 8:42 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/18/2023 11:07 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
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17.B.1Packet Pg. 1116Attachment: Application (rev 6-24-2022) (23522 : VAC-Sandy Lane)
17.B.1Packet Pg. 1117Attachment: Application (rev 6-24-2022) (23522 : VAC-Sandy Lane)
17.B.1Packet Pg. 1118Attachment: Application (rev 6-24-2022) (23522 : VAC-Sandy Lane)
17.B.1Packet Pg. 1119Attachment: Application (rev 6-24-2022) (23522 : VAC-Sandy Lane)
17.B.2
Packet Pg. 1120 Attachment: Resolution - 121622 (23522 : VAC-Sandy Lane)
17.B.2
Packet Pg. 1121 Attachment: Resolution - 121622 (23522 : VAC-Sandy Lane)
17.B.2
Packet Pg. 1122 Attachment: Resolution - 121622 (23522 : VAC-Sandy Lane)
17.B.2
Packet Pg. 1123 Attachment: Resolution - 121622 (23522 : VAC-Sandy Lane)
17.B.3Packet Pg. 1124Attachment: Affidavit of Authorization -(rev 4-2022) (23522 : VAC-Sandy Lane)
17.B.4Packet Pg. 1125Attachment: Property Ownership Disclosure Form (rev 4-2022) (23522 : VAC-Sandy Lane)
17.B.4Packet Pg. 1126Attachment: Property Ownership Disclosure Form (rev 4-2022) (23522 : VAC-Sandy Lane)
17.B.4Packet Pg. 1127Attachment: Property Ownership Disclosure Form (rev 4-2022) (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1128Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1129Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1130Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1131Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1132Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1133Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.5Packet Pg. 1134Attachment: LONOs FPL, LUMEN, CCSO, GNFRD, Xfinity (23522 : VAC-Sandy Lane)
17.B.6Packet Pg. 1135Attachment: LONO from Collier County Capital Projects (23522 : VAC-Sandy Lane)
17.B.6Packet Pg. 1136Attachment: LONO from Collier County Capital Projects (23522 : VAC-Sandy Lane)
17.B.6Packet Pg. 1137Attachment: LONO from Collier County Capital Projects (23522 : VAC-Sandy Lane)
17.B.6Packet Pg. 1138Attachment: LONO from Collier County Capital Projects (23522 : VAC-Sandy Lane)
17.B.6Packet Pg. 1139Attachment: LONO from Collier County Capital Projects (23522 : VAC-Sandy Lane)
17.B.7Packet Pg. 1140Attachment: LONO Request Highlands Properties (23522 : VAC-Sandy Lane)
17.B.7
Packet Pg. 1141 Attachment: LONO Request Highlands Properties (23522 : VAC-Sandy Lane)
17.B.7
Packet Pg. 1142 Attachment: LONO Request Highlands Properties (23522 : VAC-Sandy Lane)
17.B.7Packet Pg. 1143Attachment: LONO Request Highlands Properties (23522 : VAC-Sandy Lane)
17.B.7Packet Pg. 1144Attachment: LONO Request Highlands Properties (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1145Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1146Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1147Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1148Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1149Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1150Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1151Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1152Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1153Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1154Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1155Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1156Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1157Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1158Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1159Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1160Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1161Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1162Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1163Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1164Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1165Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1166Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
17.B.8Packet Pg. 1167Attachment: Tax Notices Paid 2021 (23522 : VAC-Sandy Lane)
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
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3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment `B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST: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
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Attachment"A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under 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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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)
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i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
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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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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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. 1175 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1176 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1177 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1178 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
j .
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
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 1179 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1180 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1181 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
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. 1182 Attachment: Resolution 2021-243 (23522 : VAC-Sandy Lane)
17.B.10Packet Pg. 1183Attachment: Hybrid Virtual Quasi-Judicial Hearing Waiver (23522 : VAC-Sandy Lane)
17.B.11
Packet Pg. 1184 Attachment: legal ad - agenda ID 23522 (23522 : VAC-Sandy Lane)