Agenda 06/13/2023 Item #16A12 (To hold a public hearing to consider the vacation of the County and the public interest in any public ROW)06/13/2023
EXECUTIVE SUMMARY
Recommendation to hold a public hearing to consider vacating the 60-foot-wide right-of-way, drainage, and
utility easement as recorded in Official Record Book 1639, Page 1551, of the Public Records of Collier
County, Florida, located approximately 1/ of a mile east of State Road 951 (Collier Boulevard) and a 1/ south
of Manatee Road in Section 10, Township 51 South, Range 26 East, Collier County, Florida.
(PL20220003815)
OBJECTIVE: The Board of County Commissioners ("Board"), Pursuant to Sections 336.09 and 336.10, Florida
Statutes, and Resolution No. 2021-243, must authorize a public hearing to consider the vacation of the County and
the public interest in any public road rights -of -way.
CONSIDERATIONS: The Development Review Division has received a request from Michael J. Delate, P.E., of
Q. Grady Minor & Associates, P.A., as agent for the property owner. This request is to vacate the 60-foot-wide
right-of-way, drainage, and utility easement as recorded in Official Record Book 1639, page 1551 located in
Section 10, Township 51 South, Range 26 East, Public Records of Collier County, Florida.
The reason for the vacation is to remove the easements to allow the site to be developed in accordance with new
standards. The site is currently zoned Mobile Home but a rezoning application (PL20220000890 Roost Road
(PUDR)) is being reviewed to allow mixed residential uses as a Planned Unit Development (PUD). The vacation
hearing will be a companion item to the Roost Road PUDR hearing on July 11, 2023.
The original easement was intended to provide access to a land -locked parcel south of land owned by Collier
County. With the approval of the Companion PUD, the parcel will no longer be landlocked and access will be
provided through the rest of the development. As stormwater management concerns were discussed at the
NIM, the development will provide replacement easements to serve the development and be able to accept
the drainage from the historic flows through the project. Those replacement easements would be
determined at the time of site development / plat.
In order to schedule a public hearing on the requested vacation of Right -of -Ways, the Board must adopt a
Resolution setting the public hearing in accordance with Sections 336.09 and 336.10, Florida Statutes. Because this
is also a CUE, the Water -Sewer District is also part of the vacating Resolution.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes
and Resolution No. 2021-243, and the adjoining property owners will be given notice as well.
FISCAL IMPACT: The application fee of $2,000 covers staff review, and processing. The applicant is also
responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DDP
RECOMMENDATION: To adopt a Resolution scheduling a public hearing on July 11, 2023, to consider
vacating the 60-foot-wide right-of-way, drainage, and utility easement as recorded in Official Record Book 1639,
Page 1551 located in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (PL20220003815)
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
Packet Pg. 484
16.A.12
06/13/2023
ATTACHMENT(S)
1. Resolution - 060123 (PDF)
2. Application (PDF)
3. Affidavit of Authorization Roy Johnson (PDF)
4. Affidavit for Authorization Edward Zeman (PDF)
5. Property Ownership Disclosure Carleton Only (PDF)
6. LONO Capital Projects-Stormwater (PDF)
7. LONOs All (PDF)
8.OR 1639 PG 1551 Easement Agreement (PDF)
9.2022-Annual-Taxbill Paid North (PDF)
10. 2022-Annual-Taxbill Paid South (PDF)
11. Resolution 2021-243 (PDF)
Packet Pg. 485
16.A.12
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 25718
Item Summary: Recommendation to hold a public hearing to consider vacating the 60-foot-wide right-of-way,
drainage and utility easement as recorded in Official Record Book 1639, Page 1551, of the Public Records of
Collier County, Florida, located approximately 1/4 of a mile east of State Road 951 (Collier Boulevard) and a '/4
south of Manatee Road in Section 10, Township 51 South, Range 26 East, Collier County, Florida.
(PL20220003815)
Meeting Date: 06/13/2023
Prepared by:
Title: County Surveyor — Development Review
Name: Marcus Berman
06/02/2023 6:34 AM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
06/02/2023 6:34 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer
Growth Management and Community Development Department Diane Lynch
Engineering & Natural Resources Jack McKenna Additional Reviewer
Growth Management and Community Development Department Jaime Cook
Operations & Regulatory Management Michael Stark Additional Reviewer
Engineering and Project Management Matthew McLean Additional Reviewer
County Attorney's Office Derek D. Perry Level 2 Attorney Review
Transportation Management Services Department Trinity Scott
Growth Management and Community Development Department James C French
Growth Management and Community Development Department James C French
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Geoffrey Willig Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 06/02/2023 10:19 AM
Growth Management DepartmentCompleted
06/05/2023 11:51 AM
Completed 06/05/2023 12:54 PM
Division Director Completed
06/05/2023 2:22 PM
Completed 06/05/2023 2:24 PM
Completed 06/05/2023 4:15 PM
Completed 06/05/2023 4:38 PM
Additional Reviewer Completed
06/05/2023 5:08 PM
Growth Management Skipped
06/05/2023 11:11 PM
Growth Management Completed
06/07/2023 5:03 PM
Completed 06/06/2023 8:29 AM
Completed 06/06/2023 8:50 AM
Skipped 06/07/2023 5:07 PM
Completed 06/07/2023 5:08 PM
06/13/2023 9:00 AM
Packet Pg. 486
16.A.12.a
RESOLUTION NO.2023-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, TO
DECLARE A PUBLIC HEARING TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE
PUBLIC INTEREST IN THE 60-FOOT-WIDE RIGHT-OF-
WAY, DRAINAGE AND UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORD BOOK 1639, PAGE
1551, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED APPROXIMATELY 3/4 OF A MILE
EAST OF STATE ROAD 951 (COLLIER BOULEVARD)
AND A 1/4 MILE SOUTH OF MANATEE ROAD, IN
SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20220003815]
WHEREAS, Petitioner, Michael Delate, P.E., of Q. Grady Minor & Associates, P.A., on
behalf of the Property Owner, has requested that a public hearing be held pursuant to Resolution
No. 2021-243, to consider disclaiming, renouncing, and vacating the County and public interest
in the 60-foot-wide right-of-way, drainage and utility easement as recorded in Official Record
Book 1639, page 1551 of the Public Records of Collier County, Florida, located in Section 10,
Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit "A", attached hereto; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing, and vacating the County and public interest
in the above right-of-ways in accordance with Sections 336.09 and 336.10, Florida Statutes; and
WHEREAS, the granting of the Petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No.
2021-243, in a regular session of the Board of County Commissioners, a public hearing to
consider disclaiming, renouncing and vacating the County's interest in the above described right-
of-way, drainage and utility easement will be held on the 11 th day of July 2023, at 9:00 a.m., or
as soon thereafter as practical, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records of Collier County,
Florida.
[22-EIS-04670/1795145/1] Page 1 of 2
'AtI
Packet Pg. 487
16.A.12.a
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the 13th day of June 2023.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT
go
Rick LoCastro, Chairman
Derek D. Perry � p 47
Assistant County Attorney
Attachments:
1) Exhibit "A" — Sketch and Legal Description
2) Exhibit `B" — Location -Site Map
[22-EIS-04670/1795145/1]
Page 2 of 2
Packet Pg. 488
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CO*eY C014"ty
Growth Management Department
16.A.12.b
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
APPLICATION FOR VACATING
FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37;
Ordinance No. 01-57;
Resolution 2021-243; and
icable sections of the Collier County Land Development Code
❑ AVROW- Vacation of Road Right -of -Way, Road Name:
❑ AVPLAT-Vacation of Plats or portions of plats of subdivided land
Name of Plat:
Plat Book: Page(s):
® AVESMT- The extinguishment of public dedicated easements recorded by separate instrument
in the public records (other than on a subdivision plat), platted or unplatted land, except for public
roads.
Official Record Book: 1639
Name of Owner: Carleton MHC, LLC
Page(s) 1551
APPLICANT CONTACT INFORMATION
Name of Applicant if different than owner: MattamyTampa/Sarasota, LLC Address: 4901 Vineland Road, Suite450 City: Orlando State: FL ZIP: 32811
Telephone: 813.390.0627 Cell: Fax:
E-Mail Address: mac.mccgraw@mattamycorp.com
Name of Agent: Michael J. Delate, P.E.
Firm: Q. Grady Minor & Associates, P.A.
Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134
Telephone: 239.947.1144 Cell: Fax:
E-Mail Address: MDelate@gradyminor.com
PROPERTY INFORMATION
Address of Subject Property: Parcel ID # 00732880006;00732920005
Legal Description: Lot Block Tract c
Section/Township/Range: 10 /51 /26
Current Zoning: 2
Note: �-
Q.
a
1 If applicant is a land trust, indicate the name of beneficiaries.
2 If applicant is a corporation other than a public corporation, indicate the name of the
officers and major stockholders. E
3) If applicant is a partnership, limited partnership or other business entity, indicate the
name of the principals.
4) List all other owners. a
3/16/2022 Packet Pg. 492
CO*eY C014"ty
Growth Management Department
16.A.12.b
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST
This completed checklist is to be submitted with the application packet. Incomplete submittals will
not be accepted. For further explanation regarding the requirements for the Vacating
Application, and the below checklist, refer to Resolution 2021-243.
REQUIREMENTS FOR REVIEW:
ELECTRONIC
DOCUMENTS
REQUIRED
NOT
REQUIRE[
Completed Application (download current form from the County
website
1
®
❑
Addressing Checklist signed by Addressing Department
1
®
❑
Complete application and all submittal documents in PDF format
1
®
❑
Fee Simple Deed
1
®
❑
Statement explaining the general public benefit from the proposed
vacation
1
®
❑
Certificate showing all State and County taxes have been paid for
subject parcel
1
®
❑
Assessment map depicting area of proposed vacation
1
®
❑
List of abutting and other property owners within 250 feet of the
proposed vacation including their address and parcel number
1
®
❑
Site Plan on 8'/2" x 11" paper
1
®
❑
Sketch & legal description of what is to be vacated on 8'/2" X 11 ",
labeled with a bold Exhibit "A" signed & sealed by hand or digitally
1
®
❑
Copy of the recorded subdivision plat
1
❑
X
Letter Authorizing representation, if the applicant isn't the owner
1
X
❑
Affidavit of Authorization signed and sealed
1
®
❑
Replacement easement documentations, if applicable
1
❑
[ ]
If replacement easement is required by Collier County, provide a
current attorney's Title Opinion or ownership & encumbrance report
by a title company
1
❑
X
A copy of document that granted, conveyed or dedicated the
easement to the Count or public, for Vacations of Easement only
1
X
Copy of document which granted, conveyed or dedicated the Right-
of -Way to the County or public, for Vacation of Right -of -Way only
1
X
❑
Completed Property Ownership Disclosure Form (download current
form from the County website
1
X
❑
Reason for Request (required for AVROW applications only)
1
X
X
REQUIREMENTS FOR RECORDING:
Upon approval of application, signed with raised seal, two copies of
Exhibit "A" will need to be submitted for Board approval and
recording.
1
X
❑
c
0
W
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Q
a
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0
2
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3/16/2022 Packet Pg. 493
corrier county
GrovAh Management Department
16.A.12.b
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON'T
REQUIREMENTS FOR REVIEW:
ELECTRONIC
DOCUMENTS
REQUIRED
NOT
REQUIREI
Letters of No Objection from each of the following, as applicable:
Electric Company / Florida Power and Light Naples Service Center
1
X
❑
1220 5t" Ave North
Naples, FL 34102 Phone: 239-262-1322
Century Link/Lumen
ATTN: Kenneth Stinnett Email: Kenneth.stinnett a(-Lumen.com
1
X
❑
ATTN: Sherlene Clevenger Email: Sherlene.clevenger(a)Lumen. corn
3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234
Collier County Sherriff's Office / Legal Department
ATTN: Michael Hedberg
1
X
❑
3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660
Greater Naples Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief
1
X
❑
2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800
North Collier Fire Control and Rescue District
ATTN: Fire Prevention Bureau and Support Services
1
X
❑
6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227
Comcast / Xfinity
ATTN: Xavier Medina Email: Xavier Medina(a)-comcast.com
1
X
❑
12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913
Capital Projects Planning, Impact Fees & Program Management
1
X
❑
Division
ATTN: Richard Miller, Project Manager, Principal (Licensed)
2685 South Horseshoe Drive, Suite 103
Naples, FL 34104 Email: Richard. Miller(a-colliercountyfl.gov
Adjacent Property Owners
1
❑
X
Homeowners Association
1
❑
X
FEES
■ Application Fee: $2,000.00
■ Estimated Legal Advertising Fee (to be paid by the applicant in addition to the
application fees at the time of submittal)
■ AVROW: $700.00
■ "PLAT: $1,200.00
AVESMT: $1,200.00
LINKS
Online Payment Guide can be located: Here
Completed application may be submitted online GMD Public Portal
If unfamiliar to applying on portal or have questions, please look over our E-Permitting Guide
Michael J. DeIate , PE Datleally 20signed22.05.16Y081chael 58:21 J04D'00'te, PE
Applicant/Agent Signature
Michael J. DelateR.E.
Print
5/16/2022
Date
a
3/16/2022
Packet Pg. 494
16.A.12.c
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) Carleton Property
r
Roy Johnson McCraw, III
applicable) of Mattamy Tampa/Sarasota, LLC
under oath, that I am the (choose one)
(print name), as
owner X
Vice President (title, if
(company, if applicable), swear or affirm
applicant contract purchaser and that:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions
on the referenced property as a result of any action approved by the County in accordance with
this application and the Land Development Code;
2. All answers to the questions in this application and any sketches, data or other supplementary
matter attached hereto and made a part of this application are honest and true;
3. 1 have authorized the staff of Collier County to enter upon the property during normal working
hours for the purpose of investigating and evaluating the request made through this application;
and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. Well authorize Q. Grady Minor & Associates, P.A. to act as ourlmy representative
in any matters regarding this petition including 1 through 2 above.
*Notes:
• If the applicant is a corporation, then it is usually executed by the Corp. pres. or v. pres.
• If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company's "Managing Member."
• If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
• If the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner" of the named partnership.
• If the applicant is a trust, then they must include the trustee's name and the words "as trustee."
• In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
Under penalties jury, I declare that I have read the foregoing Affidavit of Authorization and that the
facts stated irdt ari0rue.
Signatu
STATE OF ;Florida
COUNTY dF Hillsborough
Date
THE,FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS !Z DAY OF May
2022 , BY Roy Johnson McCraw III as Vice President of Mattamy Tampa/Sarasota LLC WHO IS
PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION.
Notary Public — State of Florida
<� SUSAN GREENE
MY COMMISSION # GG 976409 (Notary Seal)
EXPIRES: August 6, 2024
Bonded Tbru Notary Public underwriters
Printed Name Gf-tege,
Packet Pg. 495
16.A.12.d
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) Carleton Property
Edward C. Zeman
applicable) of Carleton MHC, LLC
under oath, that I am the (choose one)
(print name), as
owner
Manager (title, if
(company, if applicable), swear or affirm
applicant contract purchaser and that:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions
on the referenced property as a result of any action approved by the County in accordance with
this application and the Land Development Code;
2. All answers to the questions in this application and any sketches, data or other supplementary
matter attached hereto and made a part of this application are honest and true;
3. 1 have authorized the staff of Collier County to enter upon the property during normal working
hours for the purpose of investigating and evaluating the request made through this application;
and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. We/I authorize Mattamy Tampa/Sarasota, LLC to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
*Notes:
• If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.
• If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company's "Managing Member."
• If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
• If the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner" of the named partnership.
• If the applicant is a trust, then they must include the trustee's name and the words "as trustee."
• In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the
—facts.sUte I in it ar_eArue.
Si n to Dat
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
L PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS � _ DAY OF
20 2?i BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) OHO IS
PERSONALLY NOWN TO ME OR HAS PRODUCED AS IDENTIFICATION.
Notary Public — State of - fAA t ml/' ,
�tcr�tnA�hc.c.�
Printed Name
u-
(Notary Seal)
KATHLEEN A. PRICE
OFFICIAL SEAL
Notary Public -State of Illinois
My Commission Expires Mar 13, 2023
Packet Pg. 496
Cott- er County
16.A.12.e
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
i
Name and Address I % of Ownership
N.A.
If the property is owned by a CORPORATION, list the officers and stockholders and the
lercentage of stock owned by each:
Name and Address % of Ownership
If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
CI L.CI ILd KC U! II ILCI CJL.
N.A.
Created 9/28/2017
Name and Address I % of Ownership
Page 1 of 4
Packet Pg. 497
CAe" r County
16.A.12.e
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address
% of Ownership
Carleton MHC LLC, C/O 40600 Ann Arbor Road East, Suite 201,
100
Plymouth, MI 48170-4675
Limited Liability Company Agreement of
C:ARLETON 1IHC LLC
E',aiMIT A
List of Members, Capital, and Percentage Interests
Names of Members Capital Percentage
Contribution Interest
CLASS A _1fEN BERS:
Edward C. Zeman $0.00 5%
THE ZAP TRUST 2
Dorothy; Zeman, Trustee $0.00 65%'
CLASS B 14J[ElIBERS:
Debra J. Pizer Living Trust, dated January 10, 2003
Debra J. Pizer_ Trustee $0.00 10%
Jeffrey J. Fannon and Melanie A. Fannon
Living Taut dated July 15, 2013
Jeffrey J. Fannon_ Trustee $0.00 15 %'
Mark Connolly $.000 5%
TOTAL: $0.00 10090
Created 9/28/2017
Page 2 of 4
Packet Pg. 498
CAe" r County
16.A.12.e
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address
% of Ownership
Mattamy Tampa/Sarasota, LLC, 4901 Vineland Road, Suite 450,
100
Orlando, FL 32811
Type
Name
Address
Percent of Interest
LLC
Mattamy
4901 Vineland Road, Ste 450
100% of the Property
Tampa/Sarasota LLC
Orlando, FL 32811
("Tampa")
LLC
Mattamy Florida LLC
4901 Vineland Road, Ste 450
100% of Tampa
("Florida")
Orlando, FL 32811
Corporation
Calben (Florida)
4901 Vineland Road, Ste 450
100% of Florida
Corporation ("Calben
Orlando, FL 32811
Florida")
Delaware
Calben (US)
4901 Vineland Road, Ste 450
100% of Calben
Corporation
Corporation
Orlando, FL 32811
Florida
("Calben US")
Ontario
2608534 Ontario Inc.
66 Wellington Street West -
100% of Calben US
Corporation
("Ontario")
TD Tower, Suite 5500
Toronto, ON M5K 1G8
Ontario
Mattamy Homes
66 Wellington Street West -
100% of Ontario
Corporation
Limited
TD Tower, Suite 5500
("MHL")
Toronto, ON M5K 1G8
Individual
Peter Gilgan
66 Wellington Street West -
100% of MHL
TD Tower, Suite 5500
Toronto, ON M5K 1G8
Date of Contract: May, 2021
f. If any contingency clause or contract terms involve additional parties, list all individuals or
of
N.A.
Name and Address
g. Date subject property acquired 2005 and 2016
Created 9/28/2017 Page 3 of 4
Packet Pg. 499
CAe" r County
16.A.12.e
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
❑ Leased: Term of lease
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
years /months
If, Petitioner has option to buy, indicate the following:
Date of option: N.A.
Date option terminates: N.A., or
Anticipated closing date: N.A.
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition's final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
Agent/Owner Signature
D. Wayne Arnold, AICP
Agent/Owner Name (please print)
Created 9/28/2017
July 13, 2022
Date
Page 4 of 4
Packet Pg. 500
16.A.12.f
Kim Scher
From: Michael Delate
Sent: Monday, August 15, 2022 1:01 PM
To: Kim Scher
Subject: FW: Roost Road DE Vacation
Attachments: Roost swale.pdf
Kim, please prepare the response letter. Thanks.
I guess we need to get LONOs back from the fire dept, xfinity and FPL. We can discuss.
Thanks.
From: OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent: Monday, August 15, 2022 11:59 AM
To: Michael Delate <mdelate@gradyminor.com>
Subject: FW: Roost Road DE Vacation
Mike,
I got confirming approval from RM as proposed in the attachment. Please proceed as proposed. Thank you.
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
From: Michael Delate <mdelate@gradyminor.com>
Sent: Friday, July 29, 2022 11:43 AM
To: OrthRichard <Richard.Orth@colliercountvfl.gov>
Subject: Roost Road DE Vacation
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi, Rick,
Please review this before I formally submit in a response letter where I'll spell it out and add this exhibit.
Thanks.
Mike
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Packet Pg. 501
Remove (2) 24?" CMP and restore banks.
Remove 42"? CMP and restore banks.
Remove 36" CMP and replace with 36" RCP and MES
Remove 48" CMP and replace with 48" RCP and MES
Restore area
16.A.12.f
Packet Pg. 5 2
16.A.12.g
Kim Scher
From: Michael Delate
Sent: Monday, August 15, 2022 1:01 PM
To: Kim Scher
Subject: FW: Roost Road DE Vacation
Attachments: Roost swale.pdf
Kim, please prepare the response letter. Thanks.
I guess we need to get LONOs back from the fire dept, xfinity and FPL. We can discuss.
Thanks.
From: OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent: Monday, August 15, 2022 11:59 AM
To: Michael Delate <mdelate@gradyminor.com>
Subject: FW: Roost Road DE Vacation
Mike,
I got confirming approval from RM as proposed in the attachment. Please proceed as proposed. Thank you.
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
From: Michael Delate <mdelate@gradyminor.com>
Sent: Friday, July 29, 2022 11:43 AM
To: OrthRichard <Richard.Orth@colliercountvfl.gov>
Subject: Roost Road DE Vacation
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi, Rick,
Please review this before I formally submit in a response letter where I'll spell it out and add this exhibit.
Thanks.
Mike
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Packet Pg. 503
Remove (2) 24?" CMP and restore banks.
Remove 42"? CMP and restore banks.
Remove 36" CMP and replace with 36" RCP and MES
Remove 48" CMP and replace with 48" RCP and MES
Restore area
16.A.12.g
r
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Packet Pg. 5 47
16.A.12.g
MT
August 10, 2022
Attn: Kimberly A. Scher
RE: Letter of Review and Recommendation — Vacation Utility Easement
Easement Vacation Application for Carleton Property
S1/2 OF NE1/4 OF SE1/4 20 AC; N1/2 OF NE1/4 OF SE1/4
SECTIONS 10 AND 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA
Dear Kimberly,
Thank you for contacting Comcast regarding your proposed vacation. This is to inform
you that Comcast does have facilities in the proposed area and Comcast has no objection to the
vacation providing that any of Comcast facilities that are in need of being relocated be paid for
by the customer and Comcast is granted new easements.
It is the intent and understanding of Comcast that this Vacation shall not reduce our
rights to any other existing easement or rights we have on this site or in the area. This vacation
response is submitted WITH THE STIPULATION that if Comcast facilities are found and/or
damaged within the vacated area as described, the Applicant will bear the cost of relocation and
repair of said facilities.
If you have any further question or concerns, please do not hesitate to contact me at If
you have any further question or concerns, please do not hesitate to contact me at (941) 914-
7814.
Sincerely,
Manager, Construction SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
Cell (941) 914-7814
David Lescrynski@Comcast.com
Packet Pg. 505
May 31, 2022
Michael Delate
RFCEiVEp
Grady Minor & Associates, P.A.
3800 Via Del Rey
JUN 0 3 2022
Bonita Springs, FL 3413 5
Q. Grady Minor
& Associates, PA.
RE: Easement vacation for Carleton Property
To Whom It May Concern,
Staff has reviewed your request for a letter of "No Objection" for the above described
project. The particular vacation is as described in your letter.
The Sheriffs Office reviews these requests to determine if the granting of the vacation will
have any foreseeable negative effect on our ability to provide law enforcement services to the area.
These services include emergency response, patrol, and traffic enforcement.
So long as the vacation, either now or in the future, does not impinge on our ability to
deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of
your request.
If the agency can be of any further service, please advise.
Sincerely,
Dave Scuderi, Esq.
Staff Attorney
Collier County Sheriffs Office
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16.A.12.g
Grady Minor
Civil Engineers • Land Surveyors . Planners • Landscape Architects
SENT VIA EMAIL
May 13, 2022
TECO
Attn: Jason Wilhite
5901 Enterprise Pkwy
Fort Myers, FL 33905
jewilhite(a7tecoener .com
Re: Easement Vacation Application for Carleton Property
1/2 OF NE1/4 OF SETA 20 AC; N1/2 OF NEIA OF SE1/4
K0051 aA f-4ajn-k'-S i FL 34 !1 y.
Dear Mr. Wilhite:
On behalf of the property owner, we are submitting an application to vacate a drainage easement
located in above parcel. The owner is proposing to vacate easements (drainage, roadway and
utility) on an undeveloped tract within the parcel. The easements were originally part of a failed
mobile home park. The easements do not contain any drainage, roadway or utility improvements
but were recorded for future improvements that are no longer necessary. The project is currently in
for rezoning to allow future residential uses.
Enclosed for your review is a copy of the easement creating the easement, the survey showing the
easement location and the sketch and legal descriptions describing the easement to be vacated.
If you have any questions or require additional information, please contact our office. Otherwise,
please evidence your `no objection' to the proposed vacation by signing at the space provided below
and returning a copy of this letter to our office at your earliest convenience or providing a separate
letter of no objection.
Sincerely,
/A. -
Michael J. Delate, P.E.
Sr. Vice President
Joan Domning-Senior Admin Specialist
TECO-PGS-Distribution Engineering
8416 Palm River Rd, Tampa, FI 33619
813-275-3783
jdomning@tecoenergy.com
4 -
Date
—C20 a,:;?
Q. Grady Minor & Associates, Y.A. Ph. 239-947-1144 . Fax. 239-947-0375
3800 Via Del Rey EB 0005151 .1,)3 0005151 • LC 26000266
Bonita Springs, F1, 34134 www.gradyminor.com
\\ggm.local\files\Engineering\PROJ-ENG\M\MHRR\06BP\O1 Easement Vacations,Letters ofNo Objection\Letter of No Objection- TECO.docx
Packet Pg. 507
16.A.12.g
4105 15" Avenue S.W.
Naples, Florida 34116
FPL
2811March 202
Re: No Objection Letter —Easement Vacation Application for Carleton Property at Naples, FL.
Parcel numbers: 00732880006; 00732920005
Mr. Kimberly A. Scher,
Florida Power and Light Company has reviewed your request on the properties located at Parcel
numbers: 00732880006 & Parcel numbers: 00732920005. Section 10, Township 51, Range 26. Collier
County and has no objection to the Easement Vacation "the 60.0' ROW" as long as this Easement
Vacation will not conflict with any existing overhead and underground FPL business. This "no objection"
is provided with the stipulation that any FPL facilities within easements at this property retain all rights.
If you have any questions regarding this matter, please contact me at 239-231-6983.
Sincerely,
Associate Engineer
Florida Power $ Light
4105 15t" Ave SW, Naples FL, 34116
Email: Mohammad.Alhamd(c)_fpl.com 1 Mobile: (239) 231-6983
Please contact me with any questions or concerns. If you cannot reach me, feel free to contact my Engineering Leader Joshua Whitaker at (o) 239-
353-6002,(c) 941-212-9716 or Joshua. Whitakergfpl.com.
Packet Pg. 508
16.A.12.g
4105 15" Avenue S.W.
Naples, Florida 34116
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Packet Pg. 509
16.A.12.g
LUMr-N
May 4, 2023
Kimberly A. Scher
Senior Project Administrator
M GradyMinor
3800 Via Del Rey
Bonita Springs, FL, 34134
RE: No Objection to proposed vacation of a ROW & Utility Easement for the Carleton
Property, as recorded in OR 1257, page 702 of public records of Collier County FL.
Dear Kimberly,
In response to your request to vacate a ROW & utility easement for the Carleton Property, as
presented on the print sent to this office. Lumen has no objection. Lumen has no cables in
conflict with the vacation of the ROW & easement. The no objection is contingent to Lumen
being provided any required easements for relocation of existing facilities that could be
affected, along with Lumen being totally reimbursed by owner/developer on the cost of
relocating such facilities.
If I can be of further assistance, feel free to contact me at 239-470-0913 or email
Jacob.E.Cheney(rc Lumen.com
Sincerely,
Jacob Cheney
Network Implementation Program Manager
LUMEN
3530 Kraft Rd, Unit 100
Naples, FL3410
Tel: 239-470-0913
Jacob. E. Cheney&Lumen. com
Packet Pg. 510
GREATER NAPLES FIRE RESCUE DISTRICT
FIRE AND LIFE SAFETY
2700 N Horseshoe Dr. • Naples, FL 34104
Phone: (239)774-2800 Fax: (239)774-3116
J. Nolan Sapp, Fire Chief
November 2, 2022
Mr. Michael J. Delate, P.E.
Senior Vice President
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
mdelatek gradyminor. com
RE: Carleton Property Easement
Dear Mr. Delate,
The Greater Naples Fire Rescue District has no objection to the vacation of the existing,
unimproved platted road rights -of -way granted to Collier County for the Carleton Property
recorded in Official Records Book 1639, Page 1551 of the Public Records of Collier County,
Florida. This location is specifically depicted in the exhibits provided.
Please note that the vacation does not eliminate or diminish any provision of the Florida Fire
Prevention Code, including but not limited to, required access, egress, apparatus turnaround, and
all development and construction must comply with applicable requirements.
Should you have any further questions, please contact me at (239)774-2800.
Sinc e ,
Shawn M. Hanson
Assistant Chief/Fire Marshal
SMH/tgc
Enclosure
16.A.12.g
Professionalism - Integrity - Compassion
Board of Fire Commissioners
Nick Biondo, Charlie Cottiers, Al Duffy, Kevin Gerrity, Dave Stedman Packet Pg. 511
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11639
OR BOOK
GRANT AND DEOMTjoll or CWSS UUMMS AM)
MOOT -OF -WAY 2?4Q'IttlV"tllt= r AMEMMIT
16.A.12.h
PAGE
v-A !)0diratian of Cross Fase�eentS and Right -of -:Pay i1I8 V�aia�. r...
Improvement Agreement (Agreement) is made and entered into this;
&day of 1991, by and between Sarajen, Inc., a
Delaware Corpor Son (Sarajen) and the Board of County
Commissioners of Collier County, Florida, as the governing body of
Collier County and as Ex-officio the Governing Board of the
collier County Water -Sewer District (Collier County).
RECITALS:
WMER6$i� `C llier County is the sole record owner of the lands
described ;n .,t A being approximately 40 acres; and
WHEREAS, Sarajaq is the sole record owner of the lands
described in Exhlx;` B being approximately 20 acres and lying
immediately south'andjacent to the above -referenced lands owned
by Collier County; and-.' y
i .""
WHEREAS, Sarajen ackn�il dges and agrees that the benefits
and burdens associated withA ar'ajen's obligations herein shall run
with the lands described in "Zv'Xhi >r B; and
WHEREAS, Sarajen is desirous df developing its lands as a
mobile home rental park; and
WHEREAS, the existing ingress `and ess easement
appurtenant to the Sarajen lands over C l,jer County lands is
inadequate for the purposes of developing Sarajen lands as a
mobile home park; and '
WHEREAS, obtaining adequate access for ngat. egress and
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utilities over the Collier County lands by Sarajen is a necessary
prerequisite in order that Sarajen obtain site development
approval$ And
WHIM"$, Sarajen and Collier County are amenable to granting
and dedicating perpetual cross easements over and across the
eastern sixty (60) feet of their respective properties in order to
accommodate adequate drainage, utilities and safe public access;
and
WHAS, Sarajen has induced Collier County to enter into
this Agreem, t by agreeing to accept the obligation of improving
the easta \gty (60) feet of both the Collier County and Sarajen
lands with a ,i oved roadway at Sarajen's sole expense without
reimbursement i#2er to cause the granting and dedication of the
subject easements,.. -an
WHEREAS, Sarajacknowledges that, in addition to all of its
obligations hereunder 'Imust cause the entirety of the subject
right-of-way to be impro13in conformance with Collier County
I\ No. 89-203; and
Site Development Plan Ap 4;
WHEREAS, the Board of gourity, Commissioners finds that the
dedication and granting of the, Ject easements herein and the
creation and construction of a axed roadway thereon is
beneficial to the public, adjacent downers, the Collier County
water -Sewer District and Sarajen, a'
WHEREAS, all parties acknowledge`__' that this
Agreement shall not be construed or ehar4t I;ed as a development
agreement under the Florida Local GovernmerDa,elopment Act.
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6
�42
OR BOOK
16.A.12.h
PAM
W I T it 8 8 3 9 T It!
lIOR T"Zp1ropt in consideration of Ten f+alia" ($ia.oa) and
th*r n� and valuable consideration exchanged an*r#gst the
parties and in consideration of the covenants contained herein,
the parties agree as follows and grant and dedicate the following
easements:
1. The above recitals are true and correct and are
incorporated herein.
2. Collier county hereby grants a temporary construction
easement to 8arajen over the eastern ninety (90) feet of the lands
described'`/? xhibit A, Exhibit A being incorporated herein by
reference a temporary construction easement shall be
exclusively or,.purposes of constructing a roadway, and
installing necessary and required utility infrastructure and
generally to perfor alI reasonable actions in order to accomplish
the objectives of thi 'reement. The duration of this temporary
construction easemena111be for the period of time necessary to
construct the aforesaidimplements up to and including final
acceptance by the County. owever, in no event shall this
temporary construction easement cdkItinue for a period beyond
five years from the date of this instrument in the
public records.
3. Collier County hereby grarvtt` dedicates a right-of-
way easement for right-of-way, drainage'
through and under the eastern sixty (60)
particularly described in Exhibit A atta
and dedication of easement shall be in f
3
utility purposes over,
of the lands more
. This grant
en and the
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PAGE
publia in general. All of varajen•a existing rights in the lands
described in Exhibit A, including any separate or distinct rights
_ _+_fr@! herein. shall terminate and verge with the rights of the
general public upon preliminary acceptance by the County of the
road right-of-way, utility and drainage improvements as
contemplated herein.
4. Sarajen hereby grants a temporary construction easement
to Collier County over the eastern ninety (90) feet of the lands
described in Exhibit 8, Exhibit a being incorporated herein by
reference. Said temporary construction easement shall be
exclusively for the purposes of constructing a roadway, and
installing" cQ ary and required utility infrastructure and
generally to erform all reasonable actions in order to accomplish
the objectives of this Agreement. The duration of this temporary
construction easemes shall be for the period of time necessary to
y
construct the roadway' its appurtenances up to and including
of
final acceptance by Cir3 er;County, However, in no event shall
� t �y
this temporary constructeasement continue for a period beyond
�r
five years from the date of epd�ding this instrument in the
public records.
5. Sarajen hereby grants,400 edicates a right-of-way
easement for right--of-way, drainadutility purposes over,
a
through and under the eastern sixty; 6eet of the lands more
particularly described in Exhibit 8 at bed hereto. This grant
and dedication of easement shall be in faor of collier County and
the public in general.
6. Sarajen agrees, acknowledges and , s to improve
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a
fle 1639
OR BOOK
Ain ICtt
7k7fIU 7 V'
PAGE
all of the right -of -seat' easements described herein with a paved
road right -of -may in conformancV with all applicable Collier
County road rigsc-v;ww ota 0arda prior to or simultaneously with
any further development of the lands described in Exhibit 8 as a
mobile home park. All construction and design shall be subject to
prior review and approval by Collier County and shall be in
conformance with all applicable County ordinances including but
not limited to Collier County Ordinance 82-91 as amended, or its
auccessor in function. Further, all utility and drainage design
shall be,,sb ect to prior written approval by the Collier County
utility Qja Administrator or his successor in function.
Sarajen agrees' d covenants to improve the entirety of the
subject road riof-way within two years (2) from the recording
of this instrument{{� the public records.
7. If the C my determines it is best suited to cause the
improvement of the roki J ht-of-way, and if the county and
Sarajen mutually agree to a the County improve the right-of-
�;- ft
way easements, then Saral}"shall pay the county for the complete
cost of the improvements iadvance, subject only to minor
adjustments agreed upon by the y's Transportation Director
and Sarajen upon completion. Sara] ,agrees, acknowledges and
covenants that it shall be responsible .�lr all roadway maintenance
following construction and preliminar}d eptance of the roadway
improvements until such time as the Count
3makes final acceptance
of the roadway improvements in accordance i_.its standard
infrastructure acceptance procedures.
8. The cost of improving the entirety of thl subject road
5 z
Packet Pg. 516
PIA 1639 ooIa
R BOOK uz
16.A.12.h 1;
right-of-vay 086e"ats shall include but is not limited to all
design, construction, utility infrastructure installation and/or
reiacation and all permitting.
9. Full performance under this Agreement by Collier County
does not require Collier County to improve in any way the subject
easements. ttowever, Collier County shall have the right, but not
the obligation, to improve either a portion of or the entire
subject easement areas.
10. Sarajen covenants and agrees that the improvement of any
of the easement areas described herein shall be performed irI
conformance*i th established Risk Management Guidelines acceptable
to Collier unY• Further, Sarajen in consideration of men
Dollars ($ib:t )',�-ceipt and sufficiency of which is accepted
through the sgning..,f this Agreement, agrees to hold harmless and
�i
defend Collier 8&io and its agents and employees from all suits
J
and actions, includii% a torney's fees and all costs of litigation
and judgments of any e:�a
incidental to Sarajen's,,Odns
the contemplated improvement
granted herein. This provis
arising out of or are incide
contemplated improvements br
employee of Sarajen, or any
indirectly employed by them.
description arising out of or
3n of, or failure to construct,
, under and across the easements
all also pertain to any claims
jen-s construction of the
the County by any
or anyone directly or
igation under this
provision shall not be limited in any way,("by the value of the
easements granted or the value of the cont planed improvements,
or Sarajen's limit of or lack of sufficient dunce protection.
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11. lbo failure of this Agreement to address any pervit,
condition, terns, or restriction shall not relieve either 5arajen
or fts successors, of the nec¢asity of coasplyinq with any law,
ordinance, rule or regulation governing said permitting,
requirements, conditions, terms or restrictions.
12. The burdens of this Agreement shall be binding upon, and
the benefits of the Agreement shall inure to, all successors in
interest of the parties to this Agreement. ;,
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13. This Agreement shall be recorded in the Official Records
c
of Collier County, Florida within fourteen (14) days after the
County, by duly authorized Chairman, executes this Agreement. y
IN WITSS WHEREOF, the parties have executed this Agreement
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as of the date year first above written.
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Witnl7sses:
ATTEST:
DAMES C..GILES, Cler A
Approved as to form and
legal sufficiency:
Assistant Coun y Attorney
L
SARA EN, INC., a Delaware ;� ;Y. M
c rpor n ; o
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By: a
ident
� a
7
RD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, ASLn
"aGOVERNING BODY OF COLLIER
N1jY AND AS EX-OFFICIO THE
ii*NG BOARD OF THE COLLIER
XTY.,'WATER-SEWER DISTRICT E
Packet Pg. 518
fin I RIO 13B t S5
OR BOOK PAGE
STATE Of
c+M+r9r OF o +M *VNI' i tc .
The foroing Agreement was acknowledged before 0* by
• f saralen !nc4 Alf I!KbhAlf Qt
s ��' �w08 YtBSiHCctr +sr oaa v jc.., i
corporation.
WITNESS any hand and official seal is 3 �a day of
1996.
(Notarial Seal) ry Public
My Commission Expires:
KINAY coma
Ner,rr, Pvhr<, :4" of New York
P;*' 3f-4743476
STATE OF, IDA Cnmmt siort £ FirN ...... '�J ii
COM Y p I .IER
I HER.
authorized
to me to be the cnair
Collier County, Plgr
and as Ex-Officib t
water -sewer Distri.
foregoing Grant and D
Improvement Agreement
authority duly invest
that the seal affixed
16.A.12.h
that on this day, before me, an officer duly
e and County a resaid to take ll kc.
pally appeare r
an of the Boa d of County Commissioners,
a, As The Governing Body of Collier County
Governing Board of The Collier County
being authorized so to do, executed the
Ai6ation of Cross Easements and Right -of -Way
he purposes therein contained under
,b, he Board of County Commissioners, and
t is the true seal of said Board.
WITNESS my hand ands
last aforesaid this
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY CDMdISSION EXP. NOV.13.1994
WNDED THRD GENERAL INN/dp/2280
in the County and State
19'?/. ...,
Notary Public.
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The North
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Packet Pg. 521
2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments
If Paid By
Nov 30, 2022
Please Pay
$0.00
Parcel Number Legal Description Mill Code Escrow Code
00732880006
10 51 26 N1/2 OF NE1/4 OF
21
SE1/4
CARLETON MHC LLC
6547 N AVONDALE AVE # 301
CHICAGO, IL 60631
Pay in U.S. Funds Drawn on a U.S. Bank To:
Collier County Tax Collector
3291 E. Tamiami Trail
Naples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Assessed Value
District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
GENERAL FUND 3.5645 1,464,137 0 1,464,137 5,218.92
1,464,137
WATER MANAGEMENT FUND -SOUTH 0.0948 1,464,137 0 1,464,137 138.80
BIG CYPRESS BASIN 0.0978 1,464,137 0 1,464,137 143.19
SCHOOL BOARD - STATE LAW 2.2110 1,700,025 0 1,700,025 3,758.76
SCHOOL BOARD - LOCAL BOARD 2.2480 1,700,025 0 1,700,025 3,821.66
Exemptions
COLLIER MOSQUITO CONTROL 0.1609 1,464,137 0 1,464,137 235.58
GREATER NAPLES FIRE RESCUE DI; 1.5000 1,464,137 0 1,464,137 2,196.21
UNINCORP GEN - MSTD 0.8069 1,464,137 0 1,464,137 1,181.41
C.C. WATER POLLUTION CTRL PGM 0.0293 1,464,137 0 1,464,137 42.90
CONSERVATION COLLIER 0.2500 1,464,137 0 1,464,137 366.03
Millage Total 10.9632 Total Ad Valorem $17,103.46
Pay your current taxes online at:
Non -Ad Valorem District Type of Assessment Amount
http://www.coiliertaxcollector.com/
Non -Ad Valorem Total $0.00
See reverse side for important information
Combined Ad Valorem and Non -Ad Valorem Total $17,103.46
(Detach and Return with your Payment)
2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments
If Paid By
Please Pay
Nov 30, 2022
$0.00
Parcel Number Mill Code Escrow Code
00732880006
21
Legal Description
10 51 26 N1/2 OF NE1/4 OF
SE1/4
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CARLETON MHC LLC
6547 N AVONDALE AVE # 301
CHICAGO, IL 60631
11 /22/2022
Amount Paid to Date: 16419.32
Receipt # TAX HSP 1-23-00295279
Paid By On File
Packet Pg. 522
2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments
If Paid By
Nov 30, 2022
Please Pay
$0.00
Parcel Number Legal Description Mill Code Escrow Code
00732920005
10 51 26 S1/2 OF NE1/4 OF
21
SE1/4 20 AC
CARLETON MHC LLC
6547 N AVONDALE AVE # 301
CHICAGO, IL 60631
Pay in U.S. Funds Drawn on a U.S. Bank To:
Collier County Tax Collector
3291 E. Tamiami Trail
Naples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Assessed Value
District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
GENERAL FUND 3.5645 1,464,100 0 1,464,100 5,218.78
1,464,100
WATER MANAGEMENT FUND -SOUTH 0.0948 1,464,100 0 1,464,100 138.80
BIG CYPRESS BASIN 0.0978 1,464,100 0 1,464,100 143.19
SCHOOL BOARD - STATE LAW 2.2110 1,700,000 0 1,700,000 3,758.70
SCHOOL BOARD - LOCAL BOARD 2.2480 1,700,000 0 1,700,000 3,821.60
Exemptions
COLLIER MOSQUITO CONTROL 0.1609 1,464,100 0 1,464,100 235.57
GREATER NAPLES FIRE RESCUE DI; 1.5000 1,464,100 0 1,464,100 2,196.15
UNINCORP GEN - MSTD 0.8069 1,464,100 0 1,464,100 1,181.38
C.C. WATER POLLUTION CTRL PGM 0.0293 1,464,100 0 1,464,100 42.90
CONSERVATION COLLIER 0.2500 1,464,100 0 1,464,100 366.03
Millage Total 10.9632 Total Ad Valorem $17,103.10
Pay your current taxes online at:
Non -Ad Valorem District Type of Assessment Amount
http://www.coiliertaxcollector.com/
Non -Ad Valorem Total $0.00
See reverse side for important information
Combined Ad Valorem and Non -Ad Valorem Total $17,103.10
(Detach and Return with your Payment)
2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments
If Paid By
Please Pay
Nov 30, 2022
$0.00
Parcel Number Mill Code Escrow Code
00732920005
21
Legal Description
10 51 26 S1/2 OF NE1/4 OF
SE1/4 20 AC
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CARLETON MHC LLC
6547 N AVONDALE AVE # 301
CHICAGO, IL 60631
11 /22/2022
Amount Paid to Date: 16418.98
Receipt # TAX HSP 1-23-00295276
Paid By On File
Packet Pg. 523
16.A.12.k
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
Packet Pg. 524
16.A.12. k
3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment "B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST:
CRYSTAL IZEL, CLERK
By.
Attett_as t
irma ' , Deputy Clerk
naturoa
Approved'aiktxy),forari and legality:
I),, I&(_�4 t) -
erek D. Perry '�
Assistant County AttorneyWV
��
iu\
Attachments:
BOARD F COUNTY COMMISSIONERS
COLLI TY, FLORIDA
By:
, h!!
Penny Tayl , Chairman
Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right -of -Way
2. Attachment "B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
[20-EIS-04338/ 15748 37/51
Page 2 of 2
Packet Pg. 525
16.A.12.k
Attachment "A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY:_ Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: _When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under %section 336.09, Florida Statutes, the Board of County
Commissioners (BCC) may:
1. Vacate, abandon, discontinue and close any existing public or private street, alleyway,
road, highway, or other place used for travel, or any portion thereof, other than a state or
federal highway, and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division . It must be
accompanied by a non-refundable application fee (refer to Growth Management,
Development Services' current fee schedule for the applicable
fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (F€-Eee Swim le DEE-Deed). If petitioner is
Attachment "A" [20-EIS-04338/1574837/51
Mareh 20442021 page 1 of 13 Additions Underline Deletions Strikethrough
Packet Pg. 526
16.A.12.k
not the owner of the fee simple title, petitioner shall provide a statement
demonstrating the reason for the request including any property or financial interest
or projects affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
g) Site Plan - the site plan must be on 8 %2" X 11" paper and show all data pertinent to
the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures,
(5) Location of proposed vacation and, if applicable, proposed dedication-
h) A sketch and blegal description of what is to be vacated submitted on 8 ''/2" X I V
paper labeled in bold capital letters as EXHIBIT "A".
oa by a sk teh of the legal dese.ipt 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]
N4afeh 20442021 Page 2 of 13 Additions Underline Deletions StFikethreagh
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16.A.12.k
hWhen applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd4 Floor of the Collier County
Courthouse).
i)j) A property ownership disclosure form listing all persons with equitable interests in
the application.
j)U"Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,,
Development Review Division Administrator or 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 approvals Development
Review Division will distribute the package to the following areas for their approval
or objection;-
(4-) Collier County Public Utilities Engineering & Project Management Division
T16-litio 421TEit
(29) Collier County Eng-ineer-i Development Review Division —
( Collier County Capital Project Planning, Impact Fees &
Program Management Division - Stormwater Review
(4_Ll).Collier County Capital Project Planning, Impact Fees & Program Management
Division - Transportation DepaAmefit 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.
k-)QIf 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-04338/1574837/51
Mar-eh42021 Page 3 of 13 Additions Underline Deletions StfikethF6Ug
Packet Pg. 528
16.A.12.k
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County, the following shall be submitted:
(1) A sketch and ,✓legal description ana�,f what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
(2) An attorney's title opinion or certification by a title company _r'wnefship &
(current),:
(3) Executed conveyance document, and.
(4) Executed subordination documents.
3. Development Review Division will review the petition application
for completeness and compliance with this Resolution. Engineering
£ervieesDevelopment 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 isar-e established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
The petitioner and all property owners within 250 feet (and others as may be required by
tof 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 1themself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent himthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment "A" [20-EIS-04338/1574837/51
Mareh 20442021 Page 4 of 13 Additions Underline Deletions
Packet Pg. 529
16.A.12.k
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 €eruest fev4ew-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]
Mar -eh 021 Page 5 of 13 Additions Underline Deletions Stf:ikethfoug#�
Packet Pg. 530
16.A.12.k
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 Growth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' � D'.,,.,ning and Regul.,t.a.. current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (F€-Eee SIMPLE-imple D€E-Deed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other of the subdivision.
Attachment "B" [20-EIS-04338/1574837/5]
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c) Certificate showing all State and County taxes have been paid for the subject parcel.
(Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
(1)
Name
(2)
Address
(3)
Zip Code
(4)
Parcel Number
f) Site Plan - the site plan must be on 8 ''/2" X I I" paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed 'andse, .i
(5) Location of proposed vacation and, if applicable, proposed dedication.
g) A sketch and Elegal description of what is to be vacated submitted on 8 %" X I I"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
de pt: is to be aeeempanied b a sketch f the legal . ese f; fiems Both the sketch
vovi aY�ivii.
and legal description and sketeh 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&"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-04338/1574837/51
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(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Engineer-ing SefN-�Development Review
Division will distribute the package to the following areas for their approval or
objection_
(48) Collier County Public Utilities Engineering__& Project Management Division
(29) Collier County Engineer-i}g- -Sef Development Review Division—
(3LO)Collier County Engif eefing Ser-v eesCapital Project Planning, Impact Fees &
Program Management Division — Stormwater Review
(411)Collier County Capital Project Planning, Impact Fees & Program Mana eg ment
Division — Transportation Depallment 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"aull and yei&"
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 Llegal description and sketehof what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:?
(2) Attorney's title opinion or certification by a
title company (current),?
(3) Executed conveyance document, and.,
(4) Executed subordination documents.
Attachment "B" [20-EIS-043 3 8/ 1 S748 3 7/51
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Development Review Division will review the petition for completeness and compliance
with this Resolution. Development Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isar-e 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
Engi eeFi g gerAee the Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
(250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request, then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent 13iffithemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent lthem.
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.
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 r-euse-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 f r request , ev4e.,. will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment "B" [20-EIS-04338/1574837/5]
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Attachment "C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
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 Ssection 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 Ernee~Tng Cep •'ices Growth Management, Development
Review Division, and it must be accompanied by a non—refundable application fee (refer
Attachment "C" (20-EIS-04338/1574837/5]
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to -Growth Management, Development Services' / Planning and RegttleAie ^urrent fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
(FEE-ee S Dimple D€E-Deed
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan - the site plan must be on 8 t/2' X I I" paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights -of -way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any ed lan'se . i"^
(5) Location of proposed extinguishment and, if applicable, proposed dedication-
#)g)A sketch and regal description of what is to be extinguished submitted on 8 't/2" X
I l" paper labeled in bold capital letters as EXHIBIT "A". This legal des tien is t
Both the sketch and legal
description and 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 cony 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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i)A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jLetters of No ObjectionL' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval., Engineer-ing cen4eesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
(k8) Collier County Public Utilities Engineering & Project Management Division
T tilit;es/P Tl~Tl
RD Collier County Efigi_ eer-ing CervieesDevelopment Review Division—
Subdivision RevieA
(310) Collier County Capital Project Planning, Impact Fees &
Program Management Division — Stormwater Review
(411) Collier County Capital Project Planning_ Impact Fees & Program Mana eg ment
Division — Transportation-Depaftmeat 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 an vei "
WTo the extent applicable, where the petitioner desires to exchange er-their interest
with that interest dedicated to the County, the requirements and procedures of
§section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement, the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
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in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
(1) A sketch and regal description and sketeh of what is to be dedicated lgpared
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 Tz40-e—title Opinien—opinion or certification by a title company
(current).,.
(3) Executed conveyance document, and..
(4) Executed subordination documents.
3. Engineer-ing -Sep4eesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Development
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_"'For exchanges of real property interest is applieablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent h�ffithemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
-56. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use 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 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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