Agenda 07/11/2023 Item #17C (Resolution - Vacate the County and the Public interest in a portion of the platted 10-foot drainage easement along the east border of the southerly portion of Lot 28, Holly Terrace)17.0
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-
PL20220005685, to disclaim, renounce and vacate the County and the Public interest in a portion of the
platted 10-foot drainage easement located along the east border of the southerly portion of Lot 28, Holly
Terrace, as recorded in Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in
Section 23, Township 50 South, Range 25 East, Collier County, Florida, and to accept Petitioner's grant of a
10-foot wide by 53-foot long drainage easement to replace the vacated drainage easement.
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in a portion of the platted 10-
foot drainage easement located along the east border of the southerly portion of Lot 28 of Holly Terrace, as
recorded in Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in Section 23, Township
50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit "A", and to accept
Petitioner's grant of a 10-foot wide by 53-foot long drainage easement to replace the vacated drainage easement.
CONSIDERATIONS: Petition VAC-PL20220005685 has been received by the Development Review Division,
Growth Management Community Development Department, requesting to vacate a portion of the platted 10-foot
drainage easement located along the east border of the southerly portion of Lot 28, Holly Terrace, as recorded in
Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in Section 23, Township 50 South,
Range 25 East, Collier County, Florida.
Vacating this easement will allow for redevelopment of the property with a concrete block home; one of the
missions of the CRA is to bring more sustainable and fortified housing to lots within the CRA. In order to achieve
this goal and redevelop the lot in accordance with the current Land Development Code (LDC), this platted drainage
easement would need to be vacated in order to constrct the house. As a public benefit, a replacement easement of
10 feet in width and 53 feet in length has been proposed along the northern property boundary, which will allow
proper and more efficient stormwater conveyance from Holly Avenue into the perimeter rim drainage ditch.
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: The petitioner is requesting the vacation of a portion of the platted 10-foot
drainage easement located along the east border of the southerly portion of Lot 28, Holly Terrace, as recorded in
Plat Book 4, Page 64, of the Public Records of Collier County, Florida.
Under Resolution 2021-243 and Florida Statutes section 177.101, the Board may adopt resolutions vacating plats in
whole or in part of subdivisions in Collier County, returning the property covered by such plats either in whole or in
part into acreage, when the following criteria are met:
1. The request is in the interest of the public welfare, or no public detriment is established;
2. The request does not invade or violate individual property rights;
3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated; and
4. The vacation will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision.
This item has been approved as to form and legality and requires a majority vote for Board approval. --DDP
RECOMMENDATION: To approve Petition VAC-PL20220005685, to disclaim, renounce and vacate the
Packet Pg. 1499
17.0
07/11/2023
County and the Public interest in a portion of the platted 10-foot drainage easement located along the east border of
the southerly portion of Lot 28, Holly Terrace, as recorded in Plat Book 4, Page 64, of the Public Records of Collier
County, Florida, located in Section 23, Township 50 South, Range 25 East, Collier County, Florida, and to accept
Petitioner's grant of a 10-foot wide by 53-foot long drainage easement to replace the vacated drainage easement,
and direct the Clerk of Courts to record a certified copy of the Resolution in the public records and to make a
proper notation of this Resolution on the plat of Holly Terrace, as recorded in Plat Book 4, Page 64, of the Public
Records of Collier County, Florida.
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENT(S)
1. Resolution - 060623 (PDF)
2. Application (PDF)
3. AffidavitAuthorization_Beyderman (PDF)
4. LONO-Email from Collier County Stormwater Dept (PDF)
5.OwnershipForm_Beyderman (PDF)
6. Plat of Holly Terrace (PDF)
7.2022-Annual-Taxbill Paid (PDF)
8. Resolution 2021-243 (PDF)
9. DrainageEasement Beyderman 6-16-23 (PDF)
10. Exhibit A Replacement DE (PDF)
11. legal ad (1 of 2) - agenda ID 25736 (PDF)
12. legal ad (2 of 2) - agenda ID 25736 (PDF)
Packet Pg. 1500
17.0
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.0
Doe ID: 25736
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-PL20220005685, to disclaim, renounce and vacate the County and the Public interest in a portion of the
platted 10-foot drainage easement located along the east border of the southerly portion of Lot 28, Holly Terrace, as
recorded in Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in Section 23, Township
50 South, Range 25 East, Collier County, Florida, and to accept Petitioner's grant of a 10-foot wide by 53-foot long
drainage easement to replace the vacated drainage easement.
Meeting Date: 07/11/2023
Prepared by:
Title: County Surveyor — Development Review
Name: Marcus Berman
06/06/2023 2:07 PM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
06/06/2023 2:07 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
Growth Management and Community Development Department James C French
Transportation Management Services Department Trinity Scott
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Laura Zautcke
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 06/08/2023 3:13 PM
Growth Management DepartmentCompleted
06/09/2023 6:47 PM
Completed 06/12/2023 11:09 AM
Additional Reviewer Completed
06/13/2023 3:50 PM
Division Director Completed
06/14/2023 8:04 AM
Growth Management Completed
06/23/2023 5:24 PM
Additional Reviewer Completed
06/26/2023 9:11 AM
Completed 07/03/2023 1:39 PM
Completed 07/03/2023 1:56 PM
Completed 07/03/2023 2:07 PM
Completed 07/05/2023 9:08 AM
Completed 07/05/2023 12:22 PM
07/11 /2023 9:00 AM
Packet Pg. 1501
17.C.a
RESOLUTION NO.2023-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN A PORTION OF THE
PLATTED 10-FOOT DRAINAGE EASEMENT LOCATED
ALONG THE EAST BORDER OF THE SOUTHERLY
PORTION OF LOT 28, HOLLY TERRACE, AS RECORDED
IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [PL20220005685]
WHEREAS, pursuant to Resolution 2021-243, Petitioner, Heather Smallwood, of
Custom Homes By Kaye, Inc. d/b/a Kaye Lifestyle Homes, on behalf of the property owner, has
requested the vacation of the County and the Public interest in a portion of the 10-foot drainage
easement located along the east border of the southerly portion of Lot 28, Holly Terrace, as
recorded in Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in
Section 23, Township 50 South, Range 25 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 affect the ownership or right
of convenient access of persons owning other parts of the subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and Public
interest in a portion of the platted 10-foot drainage easement located along the east border of the
southerly portion of Lot 28, Holly Terrace, as recorded in Plat Book 4, Page 64, of the Public
Records of Collier County, Florida, located in Section 23, Township 50 South, Range 25 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 and to make proper
notation of this Resolution on the plat of Holly Terrace, as recorded in Plat Book 4, Page 64, of
the public records of Collier County, Florida.
[Space Intentionally Left Blank]
[22-EIS-04754/1795204/1] Page 1 of 2
Packet Pg. 1502
17.C.a
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the 1 lth day of July 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and legality:
Rick LoCastro, Chairman
By.
Derek D. Perry 4,7
�q /j _
Assistant County Attorney t 9\ �/
Attachments:
1) Exhibit "A" Sketch and Legal Description
2) Exhibit "B" Location -Site Map
[22-EIS-04754/1795204/1 ]
Page 2 of 2
3.
Packet Pg. 1503
H:\2022\2022606\BOUNDARIES\20226f6 VACATE I.dwg 2/2/2023 9:15:49 AM Plotted by: Koceyshrouger
P LOT 28, NORTH 1 /2 E X H I B 11 17.C.a
N
0 10
20
1 ' =
20-
zC
*NOT A SURVEY*
d BY: DATE: 950 Encore Way
OF SHEET Naples, 25 34110 SKETCH AND LEGAL
JNH 11 1 2022
i 2 � Phone: (239) 254-2000
SEC-TWN-RCE Florida Certificate of HOLLY TERRACE
23-50-25 W .11mnN�; .+� Authorization No.1772
INT OF
INNING
POINT OF
COMMENCEMENT
SE CORNER OF
LOT 28
H-1950-
PROJECT NO.
2022606
Packet Pg. 1504
H:\2021\2022605\BOUNDARIES\2022605 VACATE I.dwg 2121202J 9: 75:49 AM Plotted by: KoceyShrouger
17.C.a
EXHIBIT A
CURVE
RADIUS
DELTA ANGLE
CHORD LENGTH
CHORD BEARING
ARC LENGTH
C 1
50.00'
16-16'54"
14.16'
S 45.32' 10" E
14.21 '
LINE
BEARING
DISTANCE
L1
N 89'42'53" W
10.00'
LEGAL DESCRIPTION
ALL THAT PART OF THE SOUTH HALF OF LOT 28, HOLLY TERRACE, ACCORDING TO THE MAP
OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 28; THENCE RUN N00°36'40"W ALONG
THE EAST LINE OF SAID LOT 28, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE, RUN N89°42'53"W, FOR A DISTANCE OF 10.00 FEET; THENCE
RUN N00°36'40"W, FOR A DISTANCE OF 129.03 FEET TO A POINT OF CUSP ALSO BEING THE
BEGINNING OF A NON —TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 50.00
FEET, THROUGH A CENTRAL ANGLE OF 16°16'54" AND BEING SUBTENDED BY A CHORD OF 14.16
FEET AT A BEARING OF S45°32'10"E, FOR AN ARC LENGTH OF 14.21 FEET TO A POINT ON THE
EAST LINE OF SAID LOT 28; THENCE RUN S00°36'40"E ALONG SAID EAST LINE, FOR A
DISTANCE OF 119.16 FEET TO THE POINT OF BEGINNING.
CONTAINING 1236.18 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
01
DRAWN BY
JNH
p Ily signed by
r> ;Fo, "j Milton
,.., y i Af` !
" -0500
JOHN r"i HIS N '= 78 ;
f
r f ram.
C i
LATE 950 Encore Way
1 t 1 2022 Naples, FL. 34110
OF SHEET phone: (239) 254-2000
2 �" Florida Certificate of
SEC-TWN-RGE HOLE MONTE Authorization No.1772
23-50-25
N J. Hl�
\�"S e
6278 6P -
o STATE OF Q
s FLORIDA r�oQ
•.......••••'ova
SUr veY��t.�,,��``•
LS6278
STATE OF FLORIDA
SKETCH AND LEGAL
HOLLY TERRACE
Q
*NOT A SURVEY*
H-1950-
Packet Pg. 1505
(8Z40l }IeH y}nog aoeaaal AIIoH 5895000ZZ0Zld-DVA : 9£LSZ) £Z9090 - uoi;nioseN :;uamLjoe}}y c
U Lo
r
r �
a
�
W W
Q
Ew-
x
z a o
w F' o P s
Z
�Sw x E
U L 1
W I�14
w W W
a
� ■
A
r
-
t
'
o
Z
i
R
G
R
a
R
=
R
A
A
A
m
m
c�
F
a
VN
N
O
�
a
'O
U
V] r 1 N
J
T
m
z
�„
37VOS Di IONCIO
U Gj O t
o
r- = A x
N
�7aT+ti��f+ N
aU�7)�j j0 N
}.�+ F 00
N U
0
H
U
O
a
CO CE COUnty
Growth Management Department
2800 North Horseshoe Drive 17.C.b
Naples, Florida 34104
239-252-2400
❑ 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):
0 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:
Name of Aggent:
Firm: KX'ft LIF
Address: 910 37
Telephone: 239-
E-Mail Address: F
4
Page(s) 64
Heather Smallwood
1-.
mes.com
es State: 1',- ZIP: 34117
Fax:
PROPEL°FY INFORIVIA`F.IO.N.
M
Address of Subject Property: Parcel ID # 50890840103 N
Legal Description: See attache ii i Lot Block Tract
Section/Township/Range: 23 / / c
Current Zoning: VR
Note:
.Q
1) If applicant is a land trust, indicate the name of beneficiaries. Q
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. a
y
Q
3/16/2022
Packet Pg. 1507
Co per CouVty
Growth Management Depadment
2800 North Horseshoe Drive 17.C.b
Naples, Florida 34104
239-252-2400
ELECT.ROi IC.S.UBMVt1TTAL # �QUIREMENT CHE KLiS '
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 J
DOCUMIEi`ITS
REQUIRED
NOT
R QUIREI
E
.61
Completed Application (download current form from the County
1
®
❑
website
Addressing Checklist signed by Addressing Department
1
®
Q
Complete application and all submittal documents in PDF format
1
®
❑
Fee Simple Deed
1
®
❑
Statement explaining the general public benefit from the proposed
1
❑
vacation
Certificate showing all State' and County taxes have been paid for
1
subject parcel
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
Site Plan on 8Y2" x I paper
1
®
a
Sketch & legal description of what is to be vacated on 8'/2" X 11 ",
1
labeled with a bold Exhibit "A" si ned & sealed by hand or digitally
Copy of the recorded subdivision plat
1
❑
Letter Authorizing representation, if the applicant isn't the owner
1
❑
❑
Affidavit of Authorization signed and sealed
®
❑
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
A copy of document that granted, conveyed or dedicated the
1El
easement to the County or public, for Vacations of Easement only
Copy of document which granted, conveyed or dedicated the Right-
Of-Wav to the County or pubiic, for Vacation of Right -of -Way only
Completed Property Ownership Disclosure Form (download current
1
❑
form from the County website
Reason for Request (required for AVROW applications only)
1
❑
❑
FO�',REC0�2DING
REQUIREMENTS
Upon approval of application, signed with raised seal, two copies of
1
❑
❑
Exhibit "A" will need to be submitted for Board approval and
recording.
3/16/2022
Packet Pg. 1508
Co ter Covcnt
Growth Management Department
2800 North Horseshoe Drive 17.C.b
Naples, Florida 34104
239-252-2400
ELECTRONICUF3MI7TAL tECIIRMENT C-iE,CKLIaT CON'
REQUI�tEMEKTS FOR REUIEW'
ELECTRONIC
NOT
P
REQUIRE
Letterswof,;NoYEOb�ect�orfrorri each*ofithe'oll,`owing, �saphcable,t'
Electric Company / Florida Power and Light Naples Service Center
1
❑
❑
1220 51" Ave North
Naples, FL 34102 Phone: 239-262-1322
Century Link/Lumen
ATTN; Kenneth Stinnett Email: Ken neth.stinnett(cDLumen. corn
1
❑
❑
ATTN: Sherlene Clevenger Email: Sherlene.clevenger(a)Lumen.com
3530 Kraft Road Naples, FL 34105 Phone: 239-263-6234
.Collier County Sherriff's Office / Legal Department
ATTN: Michael Hedberg
1
❑
❑
3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660
Greater Naples Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief.
1
0
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
❑
El
6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227
Comcast / Xfinity
ATTN: Xavier Medina Email: Xavier M�edina(cDcomcast.com
1
❑
❑
12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913
_Capital Projects Planning, Impact Fees & Program Management
1
❑
❑
Division
ATTN: Richard Miller, Project Manager, Principal (Licensed)
2685 South Horseshoe Drive, Suite 103
Naples, FL 34104 Email Richard.hiller(&-colliercountvfl.gov
Adiacent Property Owners
1
Homeowners Association
1
FEES
■ Appncation r-ee:.u,uuu.uu
■ Estimated Legal Advertising Fee (to be paid by the applicant in addition to the
application fees at the time of submittal)
■ "ROW: $700.00
■ AVPLAT: $1,200.00
AVESMT: $1,200.00
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
?- 6 - zz
Applica gents ignature Date
wV' I O(t-r ,rnQ h
Prince
«;
N
0
J
M
x
s
0
CO
a�
�a
a�
21
0
x
LO
00
W
LO
0
0
0
N
N
O
N
J
a
U
M
LO
N
r
�a
Q
a
a
E
t
a
3/16/2022
Packet Pg. 1509
17.C.c
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
1 InnaEieyderman (print name), as 0-ner (title, If
applicable) of 2522 Holly Ter (company, If applicable), swear or affirm
under oath, that I am the (choose one) owner0✓ applicant❑contract purchaserFland 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 Heather Smallwood (Kaye Lifestye Homes) 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, 1 declare that 1 have read the foregoing Affidavit of Authorization and that
the facts stated i it are true.
Signature Date
STATE OF f ORH3* _l \' vl`5
COUNTYOF£0L+iER L"a6k
The foregoing instrument was acknowleged before me by means of JZphysical presence or ❑online notarization this
day of /�'°� �, 20Z7-, by (printed name of owner or qualifier)
Such person(s) Notary Public must check applicable box:
❑ Are personally known to me
ANTONIO MURPHY
Has produced a current drivers license 13 iO0 - qwi - 5821<, Official Seal
Notary Public - State of Illinois
❑ Has produced as Identification. My Commission Expires Jan 4, 2025
Notary Signature:
CP\08-COA-00115\155
REV 3/4/2020
Packet Pg. 1510
17.C.d
From: OrthRichard
Sent: Tuesday, January 10, 2023 2:08 PM
To: RosenblumBrett
Subject: FW: PL202200056851-Iolly Ave Easement Vacation and Replacement
Easement
Brett,
I did issue a LONO for this easement vacation and replacement, and they are tight with time as we all
are but I've been requested to ask if there is anything you can do to expedite; given the LONO below.
Sincerely,
Rick Orth
From: Permitting <Permitting@kayelifestylehomes.com>
Sent: Tuesday, January 10, 2023 1:42 PM
To: BrettRosenblum@colliercountyfl.gov; PerryDerek <Derek.Perry@colliercountyfl.gov>; AnthonyDavid
<David.Anthony@colliercountyfl.gov>; BermanMarcus <Marcus.Berman @colIiercountyfl.gov>
Cc: OrthRichard <Richard.Orth@colliercountyfl.gov>; Dora Petrakopoulos
<DPetrakopoulos@kayelifestylehomes.com>; PaulRenald <Renald.Paul@colliercountyfl.gov>
Subject: PL20220005685Holly Ave Easement Vacation and Replacement Easement
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.
I see Brett rejected us and shame on me, but you cannot upload an email to Cityview.
Please see below email from Rich Orth for our project PL2022000568 off Holly Ave.
I also copied Rich on the email.
Heather Smallwood
Permitting
239-434-5293 (Ask to be transferred to Heather From: Dora
Smallwood)
910 39TH Street SW. Naples, FI. 34117
Permitting@ kayelifestylehomes.com
www.KayeLifestyleHomes.com
"Celebrating Over 30 Years of Building Excellence"
,Oo in f
Petrakopoulos <DPetra kopoulos@kayelifestylehomes.com>
Sent: Tuesday, January 10, 2023 1:32 PM
To: Permitting <Permitting@ kayelifestylehomes.com>
Subject: FW: Holly Ave Easement Vacation and Replacement Easement
Packet Pg. 1511
17.C.d
See below
Dora Petrakopoulos
Land Manager
910 39TH Street SW. Naples, Fl. 34117
dpetrakopoulos(&KayeLifestyleHomes.com
Office: 239.434.5293 Ext. 205 From:
Cell: 347.693.3206 OrthRichard
<Richard.Orth@colliercountyfl.gov>
Sent: Friday, December 16, 2022 3:14 PM
To: Dora Petrakopoulos <DPetrakopoulos@kayelifestylehomes.com>
Cc: RomanDaniel <Daniel.Roman@colliercountyfl.gov>; JohnssenBeth
<Beth.Johnssen@colliercountyfl.gov>; ForesterDebrah <Debrah.Forester@colIiercountyfl.ggv>
Subject: Holly Ave Easement Vacation and Replacement Easement
Dear Ms. Petrakopoulos,
Please allow this e-mail letter to serve as notification that Collier County Stormwater Management
Section does not object to the request to vacate the 10' existing drainage easement as depicted in the
attached documents and other supporting documents submitted under Collier County vacation
application PL20220005685. This Letter of No Objection is based on the premise that a replacement 10-
foot-wide drainage easement will be provided on the south parcel property line to allow a drainage
connection to the developments perimeter drainage easement. Please let our program know if any
additional assistance is needed in completing this drainage easement vacation and replacement
easement.
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 239-634-9024
RicharclOrth@CollierGov.Net
From: Dora Petrakopoulos <DPetrakopoulos@kayelifestylehomes.com>
Sent: Friday, December 16, 2022 2:40 PM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Subject: Holly Ave easement vacation
Packet Pg. 1512
17.C.d
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.
Richard,
Thank you so much for taking the time to assist with this matter.
Attached please find the following: Legal description taken from the appraiser site, Plat, surveys
showing the easements, list of abutting owners,
LONO's from FPL, Comcast, Century Link, Naples Fire & Rescue, email from safety & Fire Prevention,
Yury Beyderman ownership (waiting for Irina's),
Letter for vacating, Tax letter, Warranty deed, and the addressing checklist.
Missing the LONG from Sherriff and yours.
Please let me know if I am missing anything.
Warm regards
Dora
Dora Petrakopoulos
Land Manager
910 39" Street SW. Naples, Fl. 34117
dpetrakopoulos(&KaYeLifestyleHomes.com
Office: 239.434.5293 Ext. 205
Cell: 347.693.3206
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. 1513
AWL
Cover County
17.C.e
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
PR( `iWNERSHI
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:
2
r
Name and Address
% of Ownership
Yury Bevderman PID 50890840103
50%
Irina Bevderman PID 50890840103
50%
If the property is owned by a CORPORATION, list the officers and stockholders and the
ercentage OT STOCK ownea Dy eacn:
Name and Address % of Ownership
If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
erce[Rdke ui uneieac
Created 9/28/2017
Name and Address I % of Ownership
Page 1 of 3
Packet Pg. 1514
CO.r County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
d. If the Propertv is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
;eneral and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
tticers, stockholders, beneticianes, or partners:
Name and Address % of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
of"
I II,CI J, Gl %.UI PLJI CILI V 11, f CII LI IC1 -7 II1./, VI U Uhl.
Name and Address
g. Date subject property acquired
❑ Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Created 9/28/2017
Q
Page 2 of 3
Packet Pg. 1515
CO Y County
17.C.e
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collier,ov.net
Date of option:
Date option terminates:
Anticipated closing date:
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
or
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
�Jzea_,� - / 2__12Z
Ag Owner Signature Date
Irina Beyderman
Agent/Owner Name (please print)
Y,
_. k� awe
Created 9/28/2017
l2- -/7-Z :,;'
AKor,v � SEAL
OFFICIA -
- State Of11Im
ry Publmissionn Expjtes
My co01
, 18, 2025_a,
Page 3 of 3
Packet Pg. 1516
41
h
O��v?N
�►
Q�OWI��ZO
QWWp
41
N"' -' 0 8
J
^v�Y10h4 w
O�QQ4
c�i�2 a
WQeOQ
"ZK
tk
ou�5`
oO@O��`pVg
h
yoQl,V„,
eQa:un�ln
(8Z;ol;leH y;nog ea-ial AIIoH 9899000ZZOZId-3VA : 9EL9Z)
ooeiial AIIoH io ield :4uawy3e4ly
IA 9£E M.Oe'v/.o N
-fz « ,
fMr P°°�Y�/4'f
"AJ
s , ,
2E
UZ I
fig° a
o e.O
Z °aaa
Y31
®x�
2�y
Q�2 3
e
e �
a
`a
o
r
o
c
u
t
.o
`
0
o
0
e
"
f
FF
p
"
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
50890840103
HOLLY TERRACE, THAT POR-
63
TION OF LOT 28 FURTHER DESC AS
: BEG AT SW CNR OF LOT 28,
THEN N OODEG 39'1
Continued (See Tax Roll)
BEYDERMAN, IRINA & YURY
4001 BORDEAUX DR
NORTHBROOK, IL 60062
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 102,968 0 102,968 367.03
102,968
WATER MANAGEMENT FUND-SOUTF 0.0948 102,968 0 102,968 9.76
BIG CYPRESS BASIN 0.0978 102,968 0 102,968 10.07
SCHOOL BOARD - STATE LAW 2.2110 102,968 0 102,968 227.66
SCHOOL BOARD - LOCAL BOARD 2.2480 102,968 0 102,968 231.47
Exemptions
COLLIER MOSQUITO CONTROL 0.1609 102,968 0 102,968 16.57
GREATER NAPLES FIRE RESCUE DI; 1.5000 102,968 0 102,968 154.45
UNINCORP GEN - MSTD 0.8069 102,968 0 102,968 83.08
C.C. WATER POLLUTION CTRL PGM 0.0293 102,968 0 102,968 3.02
BAYSHORE BEAUTIFICATION 2.3604 102,968 0 102,968 243.05
CONSERVATION COLLIER 0.2500 102,968 0 102,968 25.74
Millage Total 13.3236 Total Ad Valorem $1,371.90
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 $1,371.90
17.C.g
(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
50890840103
63
Legal Description
HOLLY TERRACE, THAT POR-
TION OF LOT 28 FURTHER DESC AS
: BEG AT SW CNR OF LOT 28,
THEN N OODEG 39'1
Continued (See Tax Roll)
BEYDERMAN, IRINA & YURY
4001 BORDEAUX DR
NORTHBROOK, IL 60062
11 /07/2022
Amount Paid to Date: 1317.02
Receipt # WWW-23-00219929
Paid By Yury Beyderman
Packet Pg. 1518
17.C.h
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. 1519
17.C.h
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 I� 1 � KEL, CLERK
Bye` y
Mr` r IC[Ti, ' , Deputy Clerk
,
c. �natu-6Del''.;
Approvedand legality:
�C.
fierekk D. Perry
Assistant County Attorney r�\
Attachments:
BOARD F COUNTY COMMISSIONERS
COLLI TY, FLORIDA
By: �—�A
Penny Tayl , Chairman
1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right -of -Way
2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
[20-EIS-04338/1574837/5]
Page 2 of 2
Packet Pg. 1520
17.C.h
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. 1521
17.C.h
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. 1522
17.C.h
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. 1523
17.C.h
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. 1524
17.C.h
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. 1525
17.C.h
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. 1526
17.C.h
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. 1527
17.C.h
(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. 1528
17.C.h
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. 1529
17.C.h
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. 1530
17.C.h
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. 1531
17.C.h
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. 1532
17.C.h
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. 1533
17.C.i
Prepared by and return to:
Collier County Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34104
[space above for recording data]
PROJECT: Beyderman Vacation - PL20220005685
PARCEL: 50890940103
DRAINAGE EASEMENT
THIS EASEMENT is granted this _TH day of June 2023 by YURY AND IRINA
BEYDERMAN, husband and wife, whose mailing address is 4001 Bordeaux Drive, Northbrook,
IL 60062 (hereinafter collectively, "Grantor"), in favor of COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the
Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter, "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors, and assigns. Grantor and
Grantee are used for singular or plural, as the context requires.)
RECITALS:
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 6107,
Page 1864, Public Records of Collier County, Florida.
B. Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive drainage easement (the "Easement")
encumbering the portion of Grantor's property described on Exhibit "A" attached hereto (the
"Easement Area").
The Easement shall be for drainage and stormwater management purposes and includes the
right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove
ponds, lakes, canals, weirs, pumps, underground pipes, ditches, swales, earthen berms, rip -rap,
retaining walls and other retaining systems, irrigation lines, lighting and other electrical facilities,
and all other types of water control and related structures and facilities, at County's sole discretion,
with the County having no obligation or responsibility for maintenance; and b) place, excavate,
use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and
improvements, including the removal and disposal of any and all property, real and/or personal,
not owned by the Grantee to the extent it interferes with the Grantee's rights under the Easement,
without liability to the owner of such property; all as deemed necessary or appropriate from time
to time by the Grantee.
[22-EIS-04754/1797787/1] Page 1 of 2
C'N
Packet Pg. 1534
17.C.i
The easement rights granted to Grantee are subject to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement "running
with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and Grantor's
successors -in -title.
IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first
above written.
WITNESSES (AS TO BOTH):
N,
0-",�
Witnelo
Signa e
�6} k L W,
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
STATE OF ILLINOIS
COUNTY OF COOK
OWNER(S):
Yury key erman
V/
Irina Beyderman
The foregoing instrument was acknowledged before me by means of physical presence this
day of June 2023, by Yury and Irina Beyderman, husband and wife, who ❑ are
personally known or X have produced &1-446z& gate _as as identification.
ARSALAN ALI
JW OFFICIAL SEAL
E4Notary Public - State Of Illinois
My Commission Expires
March 18, 2025
Approved as to form and legality:
Derek D. Perry 3� tilb
Assistant County Attorney q;\,*, 0
[22-EIS-04754/1797787/1]
Page 2 of 2
ILA10k _
Notary Si ature
/FRS ALAfi ALA
Notary Printed Name
CN(
Packet Pg. 1535
17.CA
H:\2022\2022606\BOUNDARIES\2022606 VACATE f.dwg 2/2/2023 9:15:49 AM Plotted by: KoceyShmuger
LOT 28, NORTH 1 /2
(P.B. 4, PG. G4)
EXHIBIT A
r
(
10.0'
D.E.
U.E.
I
0
Z
N 89'29'48" E 61.92' (D)
r L 3 PROPOSED n
jv 10.0'. D.E.
L1
LOT 28
SOUTH 112
HOLLY TERRACE
(P.D. 4, PG. G4)
POINT OF
BEGINNING
NE CORNER OF
SOUTH 1/2
LOT 28
0 10 20
1 " = 20'
I
(
10.0'
i� D.E.
i
�
I
o
O
m
O
rn
m
D
� n
C�
-- rn
Cl)
D
N
m
a'
tG
�
(
o
�a
E
L
I
d
I
(
10.0'
D.E.
r &
U.E.
S 89*42*53" W 81.76' (D)
DRAWN BY: DATE: ! 950 Encore Way
JNH 11i 2022 -1 - Naples, FL. 3411 SKETCH AND LEGAL
SHEET OF SHEET Phone: (239) 254-2000
2 Florida Certificate of HOLLY TERRACE
SEC-TWN-RGE: _ p NSF_ Authorization No.1772
23-50-25
W
E
0)
Cn
m
W
0
r
c
E
t
v
r
r
Q
*NOT A SURVEY*
2022
FILE NAME
2022606 VACATE Ix
Packet Pg. 1536
H:\2022\2022506\BOUNDARIES\2022606 VAC47F t.drg 2,1212023 9:I5:49 AV Plotted by: KoceyShrcuger
17.C.1
EXHIBIT A
CURVE
RADIUS
DELTA ANGLE
CHORD LENGTH
CHORD BEARING
1
ARC LENGTH
C1
50.00'
11-33'05"
10.06'
S 05"49'05" E
1 10.08'
LINE
BEARING
DISTANCE
L1
S 89'30'54" W
52.83'
L2
N 00'39' 1 1 " W
10.00'
L3
N 89'29'48" E
51.92'
LEGAL DESCRIPTION
ALL THAT PART OF THE SOUTH HALF LOT 28, HOLLY TERRACE, ACCORDING TO THE MAP OR
PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF LOT '28, ALSO BEING THE
BEGINNING OF A NON —TANGENTIAL CIRCULAR CURVE TO THE LEFT; HAVING A RADIUS OF 50.00
FEET, THROUGH A CENTRAL ANGLE OF 11 °33'05" AND BEING SUBTENDED BY A CHORD OF 10.06
FEET AT A BEARING OF S05°49'05"E, FOR AN ARC LENGTH OF 10.08 FEET; THENCE RUN
S89`30'54"W FOR A DISTANCE OF 52.83 FEET; THENCE RUN N00°39'11 "W FOR A DISTANCE OF
10.00 FEET; THENCE RUN N89°29'48"E FOR A DISTANCE OF 51.92 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 522.63 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
signed by
John Hilton
Date: 2023.02.02
09:35:11-05'00'
m.
JOHN J. HILTON
DRAWN BY:
1 2
SEC-TWN-RGE:
23-50-25
950 Encore Way
Naples, FL. 34110
Phone: (239) 254-2000
Florida Certificate of
Authorization No.1772
J. T
O
"Se..NU" 021,
6278 6P.
a STATE OF Q
s FLORIDA
�'�,���%�o�•••.......••' ova `��
SUr vey0„���°���.
LS6278
STATE OF FLORIDA
SKETCH AND LEGAL
HOLLY TERRACE
.r
Q
*NOT A SURVEY*
DRAWING No.
H-1950-3
PROJECT NO.
2022
FILE NAME
20nW6 VACATE Li
Packet Pg. 1537
H.A2022\2022606\BOUNDARIES\2022606 VACATE 7.dwg 2/2/2023 9.75:49 AM Plotted by: XaceySh—ge,
LOT 26, NORTH 1 /2
EXHIBIT A 4, PG. G4)
Xf
LLJ
W
l9 U)
O CZ
� W
U av
Q W
~ 0
U
W
0
w
Un
17.C.j
POINT OF N
RF'r_1N1K11NG
OF
'2
S 89°42'53" W 81.76' (D)
DRAWN Rv,: DATE. 950 Encore Way
NH 11/1/2022 O Naples, FL. 34110 SKETCH AND LEGAL
SH==T �� C- STFFI Phone: (239) 254-2000
1 2IHMsFc-lwv-�GF. Florida Certificate of HOLLY TERRACE
HOLE MONTES Authorization No.1772
23-50-25 e uEe i ic7=e:Fa-r F me i a;-1ehs
0 10 20
1" = 20'
0
P 0
rn70
V
6�
rn
r
Q
*NOT A SURVEY'
DRAWING NC.
H-1950-3
PRO,C�T W.
Packet Pg. 1538
H:\2022\2022606\BOUNDARIES\2022606 VACATE l.dwg 2121202J 9:15:49 AM Plotted by: KoceyShrouger
17.C.j
EXH B T A
CURVE
RADIUS
DELTA ANGLE
CHORD LENGTH
CHORD BEARING
ARC LENGTH
C1
50.00'
11°33'05"
10.06'
S 05°49'05" E
10.08'
LINE
BEARING
DISTANCE
L1
S 89°30'54" W
52.83'
L2
N 00*39' 1 1 " W
10.00'
L3
N 89°29'48" E
51.92'
LEGAL DESCRIPTION
ALL THAT PART OF THE SOUTH HALF LOT 28, HOLLY TERRACE, ACCORDING TO THE MAP OR
PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF LOT 28, ALSO BEING THE
BEGINNING OF A NON —TANGENTIAL CIRCULAR CURVE TO THE LEFT; HAVING A RADIUS OF 50.00
FEET, THROUGH A CENTRAL ANGLE OF 11 °33'05" AND BEING SUBTENDED BY A CHORD OF 10.06
FEET AT A BEARING OF S05°49'05"E, FOR AN ARC LENGTH OF 10.08 FEET; THENCE RUN
S89°30'54"W FOR A DISTANCE OF 52.83 FEET; THENCE RUN N00°39'11 "W FOR A DISTANCE OF
10.00 FEET; THENCE RUN N89°29'48"E FOR A DISTANCE OF 51.92 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 522.63 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
Digitally atat lly signed by
John Hilton
Date: 2023.02.02
09:35:11-05'00'
BY
JOHN J. HILTOH
DRAWN BY: DATE: 950 Encore Way
JNH 11 1 2022 im Naples, FL. 34110
SHEET # OF SHEET § Phone: (239) 254-2000
2 2 Dm Florida Certificate of
SEC-TWN-RGE: HOLE MONTES Authorization No.1772
23-50-25RNFECTSIPANNEASISURVEYORS
a ,O:
6278 =
o STATE OF Q
s FLORIDA
Su' 'eyo"``p`````,�
LS6278
STATE OF FLORIDA
SKETCH AND LEGAL
HOLLY TERRACE
a
*NOT A SURVEY*
rl— 1yJV—
PROJECT N0,
Packet Pg. 1539
aS-M
( I a� a)
17.C.k
I 1L
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 aim. 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, TO DISCLAIM, RENOUNCE AND VA-
CATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
THE PLATTED 10-FOOT DRAINAGE EASEMENT LOCATED ALONG
THE EAST BORDER OF THE SOUTHERLY PORTION OF LOT 28,
HOLLY TERRACE, AS RECORDED IN PLAT,BOOK 4, PAGE 64, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,, LOCATED
IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [PL2Q220005685]
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 mr
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.gov/our-county/visitorslcalendar-
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 partici ate 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 Geoffrey.Willig®collierc
ountyfl,gov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need 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 df 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 beast 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 & 28, 2023 #5736061
Z
a
r
m
W
Z
m
H
0
O
3
m
v
Z
m
V)
v
D
Q
Packet Pg. 1540
120)MEDNESDAY, JUNE 28, 2023 1 NAPLES DAILY NE
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
E East Tamiami Trail, Naples, FL, to consider;
RESOLUTION NO.2023-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VA-
CATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
THE PLATTED 10-FOOT DRAINAGE EASEMENT LOCATED ALONG
THE EAST BORDER OF THE SOUTHERLY PORTION OF LOT 28,
HOLLY TERRACE, AS: RECORDED IN PLAT BOOK k PAGE 64,,.OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED
1N SECTION 23, TOWNSHIP So SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [PL20220005685]
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
w6 the County Manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 3 mi-
nutes on arik 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 sppeak on an item. Written mate-
rials intendecl`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
merit, the public will have the opportunity to provide public
comments remotely, as well as in Derson. during this Drorend.
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 Geoffrey.Wiillig6collierc
ourityftgov..
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need 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 aria eMltfed,
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. KIN2EL, CLERK
By: Merline Forgue, Deputy Clerk
(SEAL)
Pub Date: June 21 & 28, 2023 #5736061
co
M
ti
N
2
r0
c
a)
O
N
4-
0
N
O
CD
c
d
E
z
U
r0
r
a
Packet Pg. 1541