Loading...
Agenda 07/11/2023 Item #17B (Resolution - Vacate the County and the Public interest in the 60-foot-wide right-of-way drainage, and utlity easment)17.B 07/ 11 /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 VAC- PL20220003815, 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 Records 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. (This is a companion to item 17A) OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in the 60-foot-wide right-of- way, drainage, and utility easement as recorded in Official Records 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". CONSIDERATIONS: Petition VAC-PL20220003815 has been received by the Development Review Division, Growth Management Community Development Department as a request to vacate the 60-foot-wide right-of-way, drainage, and utility easement as recorded in Official Records 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. 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 and Estates but a companion rezoning application (PL20220000890 Roost Road (PUDR)) is being considered to allow mixed residential uses as a Planned Unit Development (PUD). 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. An acceptable replacement easement(s) will be determined by the Growth Management Community Development Department staff during the administrative review process prior to the property owner obtaining a Board approved plat or administratively issued site development permit, per the condition of approval of the companion PUD ordinance. The Development Review Division has reviewed this petition and found no reason for objection. FISCAL IMPACT: A fee of $2,000 has been paid by the petitioner for recording and Petition processing costs. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of a portion of the 60-foot-wide right-of- way, drainage, and utility easement as recorded in Official Records Book 1639, Page 1551, of the Public Records of Collier County, Florida. Under Resolution 2021-243 and Florida Statutes sections 336.09 and 336.10, the Board, concerning property under their control, upon petition of any person or persons, may adopt a resolution to 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 when the following criteria are met: 1. The request is in the interest of the public welfare, or no public detriment is established; Packet Pg. 1444 17.B 07/ 11 /2023 2. The request does not invade or violate individual property rights; and 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: To approve Petition VAC-PL20220003815, 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 Records 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, 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. Resolution - 060623 (PDF) 2. Application (PDF) 3. Affidavit for Authorization Edward Zeman (PDF) 4. Affidavit of Authorization Roy Johnson (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) 12. legal ad - agenda ID 25737 (PDF) Packet Pg. 1445 17.B 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doe ID: 25737 Item Summary: This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20220003815, 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 Records 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. (This is a companion to item 17A) Meeting Date: 07/11/2023 Prepared by: Title: County Surveyor — Development Review Name: Marcus Berman 06/06/2023 2:37 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 06/06/2023 2:37 PM Approved By: Review: Development Review Brett Rosenblum Additional Reviewer Growth Management and Community Development Department Diane Lynch Engineering & Natural Resources Jack McKenna Additional Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department Jaime Cook Transportation Management Services Department Trinity Scott Growth Management and Community Development Department James C French County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/08/2023 3:23 PM Growth Management DepartmentCompleted 06/09/2023 6:47 PM Completed 06/12/2023 11:09 AM Additional Reviewer Completed 06/13/2023 3:51 PM Division Director Completed 06/16/2023 9:27 AM Additional Reviewer Completed 06/28/2023 4:37 PM Growth Management Completed 06/28/2023 5:53 PM Completed 07/03/2023 3:09 PM Completed 07/03/2023 3:14 PM Completed 07/05/2023 8:44 AM Completed 07/05/2023 9:08 AM Completed 07/05/2023 4:08 PM 07/11 /2023 9:00 AM Packet Pg. 1446 17.B.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 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 16391 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 % MILE SOUTH OF MANATEE ROAD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220003815] WHEREAS, pursuant to Resolution 2021-243, Petitioner, Michael Delate, P.E., of Q. Grady Minor & Associates, P.A., on behalf of the property owner, has requested the vacation of 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 in Section 10, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and WHEREAS, the granting of the petitioner's request will not invade or violate individual property rights and otherwise qualifies under section 336.09, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 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", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. 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 the public records of Collier County, Florida. [Space Intentionally Left Blank] [22-EIS-04670/1796136/11 Page 1 of 2 Packet Pg. 1447 17.B.a THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 1 lth day of July 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 Rick LoCastro, Chairman Derek D. Perry V 1 Assistant County Attorney Attachments: 1) Exhibit "A" Sketch and Legal Description 2) Exhibit `B" Location -Site Map [22-EIS-04670/ 179613 6/ 1 ] Page 2 of 2 Packet Pg. 1448 (aue-1 Aon-1 SMOOOZZOZ-1d-OVA L£15Z) £Z9090 - uoi;niosoU :;uauayoejjV a, m J N J r ti is J d 00 N w IL r i� Y ❑ o II 0N LO 0 Q1 W m N N a i , Lo N a� I I Y w I , 10.09 � m z co ¢ M „l£,OL.68 N ❑ Q mo d ��� I----1---Yo U U ui w Q rsrz I O qw w m¢ i- uj w CC) g cn I! Z❑ v -5 ai o U 0 a� woz moo I! ��' W o WooWW o z � (zs'z Dd `LSI I (lo)co r ¢zo 1N3W3SV37d3,0'0£ I �N �w�z� Q W ^ UJZ hO O RQ50 � W O a �� I o o �Q4 ;R U N U zwQf I! �o�d a 'ocS a W U� goo I ��'�����o�2�l z COZQ O J !n � pl o F- ~� I ���Oo Z LLJ�r2, a QO0 VLL`�W ALL W�j O OOO�y U) O� Q ?0 `2 u o 2 a ��� W Z U (nF- Z� o� o p W Q z ! W�4a�Wan �^�5 �p� Z�n� I Z W >-a0 (61 s Od 6F9 '1o) I Z � � ii = a W p J c=n 0� 1N3N3Sb,i Z� Q W z J� C9 j� 'o Z ��oo W �OJ W W o�U (LSSI ,Od 6£9L Vo) I ~ o 30 � 9z � 3n 1N31N3SV3 MON ,009 O m 3 "'g, O Z Q (031VOVA3,901NOLGOd) Z ^g�oe�m No �oo�an N II o H i ^ o U ro j o W o - o aa co co 2 N�OO�Z hW OZ y3 m9 w h I j �\JW O nW Cpo7 y a co O e C' o o'� I I Z o W h V o� o���� V a �� a4,LLoaoa�; o s �� I Lm I� oo�o 2y2 ° o L: O m m C^ o� �tkno • Q O Q 2 O p O o Z U W v GO Z 3�e �0�� L v ! v�02 Q ��W Lmo�o ^o�i o00 ('OL sd 2.9el 'Jo) Lj S rn 1N31N3SV3 (Ll7/1n ,01 � � � a!� h o L • Z 0 0 Y W ohoLj pa �3�ti�0 J tr J- of :n W p 0 0 2 A �' p �� I o �^ C,, O N �I ¢Q5 Q p V� Q N ^ O VJ Z o o� m^o n o z^o �`o oo, o Oki� W ��� I �� O�� oa 2a o h �3W41 I ! o � �o OJ ! �, CO p N n a O W ' (L991 Od 609/ &0) w Aw 3n 30 1N3013Sb'3 Mot/ ,0.09 W ° Q (N/b'IN38 Ol NOI1,YOdCO) o •5 0 V � Lo T--1 co CID C) 0 C\2 C\2 O (aue-1 Aon-1 S M00OZZOZ-1d-OVA : L£L5Z) £Z9090 - uoi;nioseN :;u9wLjoej4V up no l W Z�� w Zzuw) cn LU zcbi n :EZQ Ww0 N \z <m> ..................... w W Imo- cn N w cn w cn Ln OZ �w F— ya 31VOS 011ON Z UO w a ou °" Q O M 8v U M N .- O n- J N 8w pro = i UUfY a NLi W %Jg a ° N Wm Y Z M )�J W tan F uM Ka O Z 7 4 � - o Sri as O �O a� ° 46 a S) ONVA3lnoo ?i3111OO 0 m M U � m N a b '- m � O O E U 0 CO*eY C014"ty Growth Management Department 17.B.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, Lac Page(s) 1551 APPLICANT CONTACT INFORMATION Name of Applicant if different than owner: MattamyTampa/Sarasota, LLC Address: 4901 Vineland Road, Suite450 City: Orlando Telephone: 813.390.0627 Cell: 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 Telephone: 239.947.1144 E-Mail Address: MDelate@gradyminor.com Address of Subject Property: Cell: State: FL ZIP: 32811 Fax: City: Bonita Springs State: FL PROPERTY INFORMATION Legal Description: Lot Section/Township/Range: 10 /51 /26 Current Zoning: Note: ZIP: 34134 t-ax: Parcel ID # 00732880006; 00732920005 Block Tract 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. 3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals. 4) List all other owners. Q 3/16/2022 Packet Pg. 1451 CO*eY C014"ty Growth Management Department 17.B.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 parcel 1 ® El 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 di itall 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 County 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 ❑ d c J J Ln T- oo M O O O N N O N J a c.� ti M ti LO N c 0 .Q Q. a c as E 0 2 Q 3/16/2022 Packet Pg. 1452 corrier county GrovAh Management Department 17.B.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 C c J U J LO 00 M 0 0 0 N N 0 N J a U ti M c 0 Q a a as E U 2 r a 3/16/2022 Packet Pg. 1453 17.B.c 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. 1454 17.B.d 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. 1455 Cott- er County 17.B.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. 1456 CAe" r County 17.B.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 1. Fannon_ Trustee $0.00 15 % Mark Connolly $.000 5% TOTAL: $0.00 10090 Created 9/28/2017 Page 2 of 4 Packet Pg. 1457 17.B.e Cott- er County 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. , UI 11 UJI. Name and Address g. Date subject property acquired 2005 and 2016 Created 9/28/2017 Page 3 of 4 Packet Pg. 1458 CAe" r County 17.B.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. 1459 17.B.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. 1460 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 17.B.f Packet Pg. 1 171 17.B.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. 1462 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 17.B.g Packet Pg. 1 3 17.B.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, vava zed"rllt2 & Manager, Construction SWFL 12600 Westlinks Dr. Suite #4 Fort Myers, FL 33913 Cell (941) 914-7814 David Lescrynski@Comcast.com Packet Pg. 1464 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 DS jbg Packet Pg. 1465 17.B.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. 1466 17.B.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. 1467 17.B.g 4105 15" Avenue S.W. Naples, Florida 34116 m c c� J V 7 J Q Packet Pg. 1468 17.B.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 a Packet Pg. 1469 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 17.B.g Professionalism - Integrity - Compassion Board of Fire Commissioners Nick Biondo, Charlie Cottiers, Al Duffy, Kevin Gerrity, Dave Stedman Packet Pg. 1470 FI 17.B.h OR BOOK PAGE C,pAor A4ib DCOICATIoli or CM8 UUMMS ANM Rte,"T.Or-WAY 2?4Q'IttlV"tllt= r AMEMMM _ • _ -A !sed jcatian of Cross Easements and Right -of -:Pay IN TilIS V�aia�. vr... Inn 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 o Collier County and as Ex-officio the Governing Board of the Q. rn Collier County Water -Sewer District (Collier County). � RECZTAI,S: � WIiER60i� `C llier County is the sole record owner of the lands T J described ;n t A being approximately 40 acres; and M WHEREAS, Saraje is the sole record owner of the lands N _...::: C3'! \ C described in Exh)x; 8 being approximately 20 acres and lying N o J cs� ' immediately south anded-4�acent to the above -referenced lands owned a � > by Collier County; and - WHEREAS, Sarajen acknt-mil dges and agrees that the benefits N and burdens associated with asjen's obligations herein shall run with the lands described in "Ei>r B; and E i WHEREAS, Sarajen is desirous df�developing its lands as a +s mobile home rental park; and E x WHEREAS, the existing ingress `and ess easement w c appurtenant to the Sarajen lands over C lier County lands is Ln 1 inadequate for the purposes of developinq`�t Sarajen lands as a a M mobile home park; and ,G o WHEREAS, obtaining adequate access for inga , egress and t o c ,- . _.. t ' k ' U Q Packet Pg. 1471 utilities over the Collier County lands by Sarajen is a necessary prerequisite in order that Sarajen obtain site development approval$ And WHIM"$, Sarajen and Collier County are amenable to granting and dedicating perpetual cross easements over and across the eastern sixty (60) feet of their respective properties in order to accommodate adequate drainage, utilities and safe public access; and WHAS, Sarajen has induced Collier County to enter into this Agreem, t by agreeing to accept the obligation of improving the east \gty (60) feet of both the Collier County and Sarajen lands with 611 ,,., oved roadway at Sarajen's sole expense without reimbursement i#2er to cause the granting and dedication of the subject easements,.. -an WHEREAS, Sara,. acknowledges that, in addition to all of its obligations hereunder 'Imust cause the entirety of the subject right-of-way to be imprC13in conformance with Collier County Site Development Plan AppqL, ; No. 89-203; and WHEREAS, the Board of oUn Commissioners finds that the dedication and granting of the, -ject easements herein and the creation and construction of an a, aved roadway thereon is beneficial to the public, adjacen nd,owners, the Collier County Water -Sewer District and Sarajen, a' WHEREAS, all parties acknowledge d,agree that this Agreement shall not be construed or eharhized as a development agreement under the Florida Local Governmer6D4,,elopment Act. is c m J T U J U) 00 CO CD O N N O N J LO U M LO c m 0Ei rn d E Ln l0 w Ln O a rn M O c d E s u m Q Packet Pg. 1472 6 I!, 42 OR BOOK i 3 17.B.h PAM WITit8S88TItt lIOR T"68.8ropt in consideration of Ton Dollar# ($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 Sarajen 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 easemena be for the period of time necessary to construct the aforesaid mplements up to and including final acceptance by the County. e; owever, in no event shall this temporary construction easement CA lPtinue for a period beyond five years from the date of rei this instrument in the public records. 3. Collier County hereby grants Ihld 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 M J T U 7 J co M O 0 O N N O N J a U Q M Ln Ml d E rn c m E M M w uO c7 IL M f0 0 c d E t U W Q Packet Pg. 1473 h ntt4ift IT 14 IV *FV no LIC10K 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 erf,Arm 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 construct the roadway. its appurtenances up to and including J final acceptance by Cir3 iar',County. However, in no event shall this temporary construease e ment continue for a period beyond five years from the date of epd�ding this instrument in the public records. 5. Sarajen hereby grants,41n-W' edicates a right-of-way easement for right--of-way, drainad,,utility 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 4 d c J 0 J In 00 M 0 0 0 N N 0 J a U M C4 a) rn Q d E fp R W Lo cD a M O E t R Q Packet Pg. 1474 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-6zr-way ota 0arda prior to or simultaneously with any further development of the lands described in Exhibit 8 as a mobile hone 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,,sft' ect to prior written approval by the Collier county utility Qja Administrator or his successor in function. T J Sarajen agrees',nd covenants to improve the entirety of the Ln subject road ri of -way within two years (2) from the recording o 0 0 of this instrument{{� the public records.cm N C?�j o 7. If the C my determines it is best suited to cause the a improvement of the ro dti -�*qht-of-way, and if the county and Sarajen mutually agree to'` a the County improve the right -of- >_ Ln way easements, then Saral,'shall pay the county for the complete cost of the improvements iadvance, subject only to minor adjustments agreed upon by thg`;,y's Transportation Director and Sarajen upon completion. Sara] ;agrees, acknowledges and covenants that it shall be responsible .�'r all roadway maintenance following construction and preliminar}rd eptance of the roadway improvements until such time as the Count, makes 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. 1475 PIA 1639 R BOOK► 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 in conformance*i th established Risk Management Guidelines acceptable to Collier7unY• Further, Sarajen in consideration of men t Dollars ($lb:t )',�-ceipt and sufficiency of which is accepted through the signing..,f this Agreement, agrees to hold harmless and defend Collier 8&io' and its agents and employees from all suits r and actions, includi�% orney's fees and all costs of litigation and judgments of any `nate,ta incidental to Sarajen's�,,ons 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 u ance protection. 6 c M J V 7 J Go M 0 0 0 N N O N J LO a n M LO N c a� E N IM a c E a) R w LO c. a M M 0 E U M a Packet Pg. 1476 UPI qo;a VT1 — Ao ,.,, nx PACE 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. 13. This Agreement shall be recorded in the Official Records of Collier County, Florida within fourteen (14) days after the County, by duly authorized Chairman, executes this Agreement. T IN WITSS WHEREOF, the parties have executed this Agreement Ln as of the date year first above written. co 0 Witn sses: ATTEST: DAMES C..GILES, Cler A Approved as to form and legal sufficiency: Assistant Coun y Attorney N cq N SARA Eu, INC., a Delaware c rpor n By. ident N 7 RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS "aGOVERNING BODY OF COLLIER NY AND AS EX-OFFICIO THE ii*NG BOARD OF THE COLLIER XtY.,'WATER-SEWER DISTRICT Packet Pg. 1477 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 ley hand and official seal Ppia 3 �a day of 1996. (Notarial Seal) ry Public My Commission Expires: KINAY coma Ner,rr, Pvhr<, :4" of New York P;O, 3f-4743476 STATE OF, IDA Cnmmt siort £ FirN ...... '�J ii COM Y p I .IER I HER. authorized to me to be the cnaix? Collier County, Plgr and as Ex-Officib t water -sewer Distrir foregoing Grant and D Improvement Agreement authority duly invest that the seal affixed 17.B.h that on this day, before me, an officer duly e and County afQresaid to take 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 fo.,he purposes therein contained under ,b, he Board of County Commissioners, and t1 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 EDNDED THRD GENERAL INN/dp/2280 eal in the County and State , 199?/ • � 0,:... Notary Public 8 d m J V 7 J In r 00 M O 0 N N N 0 J a Q Ln r` N c aD rn Q a� E am N R W u" a rn M co 0 a) E L V R Q Packet Pg. 1478 as y i} �fai -4ie aY �iLA OkAVA ix. t�Ai! 'iavv�i• ', 17 B.h f Hiatt A tins OMW $Y tit VA't£R•SWM DISTRICT Of COWER 00M.' MR1DA Collier Ccu ty, Florida, less and except the Iforth 30 feetRthereof.Cast, J Q Packet Pg. 1479 a 17 B.h DACE 4 �it6tf � + twS Owto ey URQUI. IMC. The Northe g6 1/1 1oftote HE 1/4 of �toE 1 4 of Section 10, township 53 MT-n, Ran Wteo ogds ri Y.FLOR%DA JAMESG G1LGS.G>•EaN d J V 7 J O CO m M O O O N N O J a U Q F- M N N C d d N L Of Q d E d U) m W N N a rn M <O Q-' O C N L V t4 Q Packet Pg. 1480 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 2196.21 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 17.B.i CARLETON MHC LLC 6547 N AVONDALE AVE # 301 CHICAGO, IL 60631 m C R J Jse Lo [in Mon p our o rds 0 N N CD N J d U 11 /22/2022 Amount Paid to Date: 16419.32 Receipt # TAX HSP 1-23-00295279 Paid By On File Packet Pg. 1481 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 2196.15 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 17.B.j CARLETON MHC LLC 6547 N AVONDALE AVE # 301 CHICAGO, IL 60631 a� C ca J U Jse Lin r M on Q our Grds N N 0 N J d U Q 11 /22/2022 Amount Paid to Date: 16418.98 Receipt # TAX HSP 1-23-00295276 Paid By On File Packet Pg. 1482 17.B.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. 1483 17.B.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. 1484 17.B.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. 1485 17.B.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 1-1 Packet Pg. 1486 17.B.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. 1487 17.B.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. 1488 17.B.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:ikethfeug#� Packet Pg. 1489 17.B.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] Mar -eh 2021 Page 6 of 13 Additions Underline Deletions Strikethfough Packet Pg. 1490 17.B.k 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 Mar- 2021 Page 7 of 13 Additions Underline Deletions Wig# Packet Pg. 1491 17.B.k (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 M^ -142021 Page 8 of 13 Additions Underline Deletions Strike.w_,...gh Packet Pg. 1492 17.B.k 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] Mafeh 2044 021 Page 9 of 13 Additions Underline Deletions £trikethFougk r. Packet Pg. 1493 17.B.k 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] Mafeh 2 021 Page 10 of 13 Additions Underline Deletions StfiCethreagh Packet Pg. 1494 17.B.k 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) Mar -eh 42021 Page 11 of 13 Additions Underline Deletions Stfiket]IreHc Packet Pg. 1495 17.B.k 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 Attachment "C" [20-EIS-04338/1574837/51 Mar -eh 2021 Page 12 of 13 Additions Underline Deletions Stfiketleettgk Packet Pg. 1496 17.B.k 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] Mar -eh 2 2021 Page 13 of 13 Additions Underline Deletions StfikethFekigh Packet Pg. 1497 d5737 17.B.1 Public Notices Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9.00 a.m. on July 11, 2023, in the Board of County Commission- ers Meeting' Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: 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-FOOL-WIDE RIGHT -OF- WAY, DRAINAGE AND, . UTILITY. EASEMENT AS RE- CORDED IN OFFICIAL RECORD 800K 1639, PAGE 1551, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED -AP- PROXIMATELY 3/4 OF A MILE EAST OF STATE ROAD 951 (COLLI- ER BOULEVARD) AND A 1/4 MILE SOUTH OF MANATEE ROAD, IN SECTION 10, TOWNSHIP 5V50UTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, JPL202200038151 A copy of the proposed Resolution is .on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 mi- nutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written mate rials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage -public involve- ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- ing: Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.govlour-county/visitoFs/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Indi- viduals who register will receive an email in advance of the pub- lic hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical is- sues. For additional information about the meeting, please call Geoffrey. Willig at 252-8369 or email to Geoff rey.Willig*collierc ountyf Lgov. Any person who decides to appeal any decision of the Board will need a record of'the proceedings pertaining thereto and therefore, mayneed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who. needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Merline Forgue, Deputy Clerk (SEAL) Pub Date: June 21, 2023 #5736098 Z a r Z M to t1. 0 3 m 0 Z m m v D d C ca J v 3 J Q Packet Pg. 1498