Agenda 12/12/2023 Item #17G (Resolution - To disclaim, renounce and vacate the County and the public interest in a portion of the north 10-foot drainage easement)12/12/2023
EXECUTIVE SUMMARY
This item requires that Commission members provide ex -parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve Petition VAC -
PL20230013952, to disclaim, renounce and vacate the County and the public interest in a portion of the
north 10-foot drainage easement located on Lot 36, and a portion of the south 10-foot drainage easement
located on Lot 37, Collier County Production Park, Phase 1-B, as recorded in Plat Book 15, Pages 7 and 8 of
the public records of Collier County, Florida, located in Section 29, Township 48 South, Range 25 East,
Collier County, Florida and to accept Petitioner’s grant of a drainage easement to replace the vacated
drainage easements.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the north 10 -foot
drainage easement located on Lot 36 and a portion of the south 10-foot drainage easement located on Lot 37,
Collier County Production Park, Phase 1-B, as recorded in Plat Book 15, Pages 7 and 8 of the public records of
Collier County, Florida, located in Section 29, Township 48 South, Range 25 East, Collier County, Florida, being
more specifically shown in Exhibit A, and to accept Petitioner’s grant of a drainage easement to replace the vacated
drainage easements.
CONSIDERATIONS: Petition VAC-PL20230013952 has been received by the Development Review Division,
Growth Management Department from David Hurst, P.E., of Peninsula Engineering, as agent for the property
owner, to vacate a portion of the north 10-foot drainage easement located on Lot 36 and a portion of the south 10-
foot drainage easement located on Lot 37, Collier County Production Park, Phase 1-B, as recorded in Plat Book 15,
Pages 7 and 8 of the public records of Collier County, Florida, located in Section 29, Township 48 South, Range 25
East, Collier County, Florida.
Gulfshore Playhouse proposes to vacate a 20-foot-wide drainage easement between platted Lots 36 and 37 of Collier
County Production Park, Phase 1-B (CCPP). CCPP is within an approved master stormwater management system
permitted through SFWMD (permit #11-00212-S; application No. 07301-I and subsequent modification under
Application 03117-B).
The design of the CCPP lots includes various-sized drainage easements (20’, 30’, 40’, 50’, and 60’). Historical SFWMD
permitting identifies that the 20’ easements (10’ wide on each abutting lot) were intended for the individual lot’s
pretreatment of runoff prior to discharge into the master system. The 30’ and 40’ easements within CCPP were designed
as conveyance swales to the 50’ drainage easement along the east side of the properties, adjacent to Livingston Road
right-of-way. Lastly, the 50’ and 60’ easements were designed to provide water quality treatment and attenuation for
Basin 7 of the master system prior to discharging off-site into Rock Creek.
Because of individual development characteristics, each lot may not be best suited to provide pretreatment in the
designated/platted locations. For example, Gulfshore Playhouse Storage Facility is proposing a unified site plan
spanning three Lots (36, 37, and 38) in CCPP and, as a result, the proposed ±19,784 sf (footprint) building overlaps the
existing 20’ drainage easement proposed for vacation. Therefore, Gulfshore Playhouse is requesting to vacate this
easement but is offering a replacement easement, along with drainage conveyance infrastructure, in a more suitable
location on site. At the request of Collier County Transportation Staff, and in agreement with Collier County Stormwater
Staff, the roadside swales fronting the property along Production Boulevard will be restored and connected to the
MSWMS dry detention swale along the east boundary via ditch bottom inlet and hard piping. The unified site plan will
be reviewed under the concurrent County SDP application (PL20230004226).
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Department, Development Review Division staff has collected a $2,000
“Petition to Vacate” fee from the petitioner, which covers the County’s cost of recording and processing the
Petition.
17.G
Packet Pg. 3243
12/12/2023
GROWTH MANAGEMENT IMPACT: No impact on the growth management plan is associated with this
action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of a portion of the north 10-foot
drainage easement located on Lot 36 and a portion of the south 10-foot drainage easement located on Lot 37,
Collier County Production Park, Phase 1-B, as recorded in Plat Book 15, Pages 7 and 8 of the public records of
Collier County, Florida.
Pursuant to Resolution No. 2021-243 and Florida Statutes section 177.101, the Board may adopt resolutions
vacating plat in whole or in part of subdivisions in Collier County, returning the property covered by such plats
either in whole or in part into acreage when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The request does not invade or violate individual property rights.
3. The petitioner owns the fee simple title of 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-PL20230013952, to disclaim, renounce, and vacate the
County and the Public interest in a portion of the north 10-foot drainage easement located on Lot 36 and a portion
of the south 10-foot drainage easement located on Lot 37, Collier County Production Park, Phase 1-B, as recorded
in Plat Book 15, Pages 7 and 8 of the public records of Collier County, Florida, located in Section 29, Township 48
South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, accept Petitioner’s
grant of a drainage easement to replace the vacated drainage easements, and directs the Clerk to the Board to record
a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat of
Collier County Production Park, Phase 1-B, as recorded in Plat Book 15, Pages 7 and 8, 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. Proposed Easement Vacation and Replacement (PDF)
2. Resolution - 110923 (PDF)
3. Application (PDF)
4. Affidavit of Authorization - BCMC (PDF)
5. Affidavit of Authorization - CCPP (PDF)
6. Property Ownership Disclosure Form (PDF)
7. LONO Email County Stormwater (PDF)
8. Plat of Collier County Production Park PH-1B (PDF)
9. Replacement Drainage Easement 110923 (PDF)
10. Warranty Deed - Fee Simple Ownership (PDF)
11. 2022 Tax Receipts (PDF)
12. Resolution 2021-243 (PDF)
13. legal ads - agenda ID 27205 (PDF)
17.G
Packet Pg. 3244
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G
Doc ID: 27205
Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-
PL20230013952, to disclaim, renounce and vacate the County and the public interest in a portion of the north 10-
foot drainage easement located on Lot 36, and a portion of the south 10 -foot drainage easement located on Lot 37,
Collier County Production Park, Phase 1-B, as recorded in Plat Book 15, Pages 7 and 8 of the public records of
Collier County, Florida, located in Section 29, Township 48 South, Range 25 East, Collier County, Florida and to
accept Petitioner’s grant of a drainage easement to replace the vacated drainage easements.
Meeting Date: 12/12/2023
Prepared by:
Title: County Surveyor – Development Review
Name: Marcus Berman
11/09/2023 11:00 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
11/09/2023 11:00 AM
Approved By:
Review:
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/13/2023 5:19 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
11/14/2023 7:16 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/14/2023 9:43 AM
Development Review Brett Rosenblum Additional Reviewer Completed 11/14/2023 9:49 AM
Growth Management Community Development Department Evelyn Trimino Department Review Completed
11/14/2023 3:00 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/14/2023 5:22 PM
Transportation Management Services Department Ellen Sheffey Transportation Management Services
Department Completed 11/15/2023 10:29 AM
Road Maintenance Marshal Miller Additional Reviewer Completed 11/16/2023 11:46 AM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/21/2023 8:33 PM
Transportation Management Services Department Trinity Scott Transportation Completed
11/22/2023 9:31 AM
Growth Management Community Development Department James C French Additional Reviewer Completed
11/27/2023 5:08 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/04/2023 2:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/04/2023 2:45 PM
17.G
Packet Pg. 3245
12/12/2023
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2023 2:56 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/05/2023 10:24 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2023 12:40 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
17.G
Packet Pg. 3246
EX. 10' SLOPE /
U.E. / M.E.
EX. 10' D.E.
EX. 10'
U.E. / S.E.LOT #35EXIST. DEVELOPMENT(ZONED INDUSTRIAL)EX. DEVELOPMENT
(ZONED INDUSTRIAL)EX. 50'D.E.PROPOSED
REPLACEMENT
20' D.E.
VACATED 30' R.O.W.
(O.R. 4826, PG 261)
EXISTING MSWMS,
BASIN 7, DIRECTIONAL
FLOW ARROW (TYP)EX. 50'D.E.VACATED 10' D.E.
(O.R. 5553 PG 101)VACATED 50' ROADEASEMENT(O.R. 1428 PG 2208)LOT LINE
LOT LINELOT 36
(100'x200')
LOT 37
(150'x200')LOT 38
(152'x230')
PROPOSED GULFSHORE
PLAYHOUSE WATER QUALITY
CONTROL STRUCTURE
PROPOSED 18" RCP CONNECTION
BETWEEN EXISTING MSWMS ROW
SWALE AND 50' D.E. SWALE
PROPOSED GULFSHORE
PLAYHOUSE DISCHARGE
STRUCTURE INTO
EXISTING MSWMS 50' D.E.
EX. 20' D.E. (TO BE
REMOVED / VACATED)50'60'
PROPOSED 50'x60'
REPLACEMENT D.E.
VACATED 60' R.O.W.
(O.R. 4826, PG 261)
BLDG #1
(F.F. ELEV = 10.23 FT-NAVD)
PRODUCTION BLVD
(60' WIDE R.O.W.)
LIVINGSTON RD
(100' WIDE R.O.W.)
PROPERTY BOUNDARY
(TYP)
DPT #2
DPT #1
SCALE:1" = 50'EXCHANGE AVE
(60' WIDE R.OW.)
EXTENTS OF EX.
50' D.E. (TYP)
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT / DEVELOPER:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 10/26/2023 2:47:20 PM] [By: Aschaffer] [Plot Date: 11/9/2023 11:04:59 AM] [By: Krystle Weems] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-PICR-012\001_Gulfshore_Playhouse\Drawings-Civil\Exhibits\X06-Vacated_Esmts\Sheet_Files\P-PICR-012-001-X06.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
PRODUCTION
CENTER
GULFSHORE
PLAYHOUSE
DRAINAGE
EASEMENT EXHIBIT
CCPP, INC. & BC - MC
JVI, LLC
KRYSTLE WEEMS
ANTON SCHAFFER
OCTOBER 2023
1" = 50'
P-PICR-012-001
P-PICR-012-001-X06.dwg
C-X06
01 01
36 49S 25EREVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
PROPOSED
REPLACEMENT D.E.
EX. D.E. (TO BE
REMOVED / VACATED)
EX. 50' D.E.
HATCH LEGEND 17.G.1
Packet Pg. 3247 Attachment: Proposed Easement Vacation and Replacement (27205 : VAC-PL20230013952 CC Production
WHEREAS, pursuant to Resolution 2021-243, Petitioner, David Hurst, P.8., of
Pcninsula lmprovement Corporation d/b/a Peninsula Engineering, on behalf of the f'ee simplc
property owner of that part of the plat sought to be vacated, has requested the vacation of the
County and the Public interest in a portion ofthe north 10-foot drainage easement located on Lot
36 and a po(ion of the soulh lO-lbot drainage easement located on Lot 37 of Collier County
Production Park, Phase 1-B, as recorded in PIat Book 15, Pages 7 and 8, of the Public Records of
Collier County, Florida, located in Section 29, Township 48 South, Range 25 East, Collier
County, Florida, being more specifically shown in Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider tfre petitioner's request and notice of said public hearing was given as required by law;
and
WHf,REAS, the granting ol'the pctitioncr's request will not affect the ownership or right
of convenient access of persons owning othcr parts of the subdivision, nor does it invade or
violate individual property rights.
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 north 1O-foot drainage easement located on Lot 36 and a portion of the
south l0-lbot drainage easement located on Lot 37 of Collier County Production Park, Phase 1-
B, as recorded in Plat Book I 5, Pagcs 7 and 8 of the Public Records ol Collier County, Florida,
located in Section 29, Township 48 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 and is conditioned
on the conveyance of replacement easements, restoration of roadside and dry detention swales,
and installation of a ditch bottom inlet and hard piping as described in the application materials
of SDP-PL20230004226 and VAC-PL20230013952 and shown in Exhibit "B", attached hereto
and incorporaled herein by relerencc.
123 -EtS -049 t 5 / t 82697 7 t tl Page I of2
CAO
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
NORTII I()-FOOT DRAINAGE EASEMENT LOCATED ON
LOT 36 AND A PORTION OF THE SOUTH IO-FOOT
DRAINAGE EASEMENT LOCATED ON LOT 37, COLLIER
COUNTY PRODUCTION PARK, PHASE I-B, AS
RECORDED IN PLAT BOOK 15, PAGES 7 AND 8, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIT]R COUNTY, FLORIDA.
1PL202300r39521
17.G.2
Packet Pg. 3248 Attachment: Resolution - 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
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 Collier County Production Park, Phase I B, as recorded
in PIat Book 15, Pages 7 and 8, ofthe Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED alier motion, second and majority vote favoring
same, this thc l2th day ofDecember 2023.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dcputy Clerk
By:
Rick LoCastro, Chairman
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor,
Development Revicw Division.
Attachments:
I) Exhibit "A" - Sketch and Legal Description
2) Exhibit "B" - Drainage Easement Exhibit
3) Exhibit "C" - Location-Site Map
[23-ErS-049r 5/r 826977ll]Page 2 of 2 qo
BOARD OF COLTNTY COMMISSIONERS
COLLIER COLINTY, FI,ORIDA
17.G.2
Packet Pg. 3249 Attachment: Resolution - 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
EXHIBIT "A''
PENtNSrfr.
ENGINEERING T
LEGAL DESCRIPTIONoFTHENoRTH10FEEToFTHEWffiNGWlTHTHESoUTH1oFEEToF
THE WEST 150 FEET OF LOT 37 OF THE PLAT OF COLLIER COUNTY PRODUCTION PARK PHASE 1B
AS RECORDED IN PLAT BOOK 15 PAGES 7-8
COLLIER COUNTY, FLORIDA,
(DRAINAGE EASEMENT)
ALL THAT PART OF THE NORTH 1O FEET OF THE WEST 150 FEET OF LOT 36 ALONG WITH THE SOUTH
1O FEET OF THE WEST 150 FEET OF LOT 37 OF THE PLAT OF COLLIER COUNry PRODUCTION PARK
PHASE 1B AS RECORDED IN PLAT BOOK,I5 PAGES 7.8 OF THE OFFICIAL RECORDS OF COLLIER
COUNTY, FLORIDA BEING I\4ORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 36 OF THE PLAT OF COLLIER COUNTY
PRODUCTION PARK PHASE 1B AS RECORDED IN PLAT BOOK 15, PAGES 7-8 OF THE OFFICIAL
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID LOT 36 NORTH OO'15'42'EAST 9O.OO FEET TO THE
SOUTHWEST CORNER OF A 20 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO SAID PLAT AND
BEING THE POINT OF BEGINNING;
THENCE ALONG SAID DRAINAGE EASEMENT FOR THE FOLLOWING TWO (2) DESCRIBED COURSES1. NORTH 00"15'42'EAST 2O.OO FEET;2. NORTH 89"18'34" EAST 15O.OO FEET TO A POINT ON THE WEST LINE OF A 50 FOOT WIDE
DRAINAGE EASEMENT ACCORDING TO SAID PLAT;
THENCE ALONG A PROJECTION OF THE WEST LINE OF SAID 50 FOOT EASEMENT IN A SOUTHERLY
DIRECTION SOUTH OO'15'42" WEST 2O.OO FEET TO THE EAST END OF THE SOUTH LINE OF THE
SOUTHERLY 1O FOOT PORTION OF SAID 20 FOOT DRAINAGE EASEMENT LYING WITH SAID LOT 36
AND LOT 37 OF SAID PLAT:
THENCE ALONG SAID LINE SOUTH 89"18'34" WEST 15O.OO FEET TO THE POINT OF BEGINNING.
CONTAINING 0.07 ACRES, IVIORE OR LESS.
SUBJECT TO EASEIVIENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON STATE PLANE COORDINATES FLORIDA EAST ZONE (NAD83)
WITH THE WEST LINE OF SAID LOT 36 BEING NORTH OO'15'42" EAST,
D'ob ry 3iend llt Lr.*
LANCE T MILLER, P.S.M, #155627
REFERENCE: S:\Collier_County_ProductioryPorts\S-PICK-072.dw7'. i .
2600 Golden Gate Parkway; Naples, Florida, 34105 Office239.403.6700 fax239.2 ,.L797
Fla Engineer cA 28275 Fla Landscape CA 1C2600p532 Fla Surveyor/Mapper 188479
CE RTI F I CATE OF AUTH O R I ZATI O N #LB-84
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17.G.2
Packet Pg. 3253 Attachment: Resolution - 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 Page 1 of 3
APPLICATION FOR VACATING
FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37;
Ordinance No. 01-57;
Resolution 2021-243; and
Applicable 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: _______________________ Page(s) ______________
APPLICANT CONTACT INFORMATION
Name of Owner: ____________________________________________________________________ Name of Applicant if different than owner: ______________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: __________________________ Cell: ______________________ Fax: ______________ E-Mail Address: ____________________________________________________________________
Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: _________________________ Cell: ______________________ Fax: _______________ E-Mail Address: ____________________________________________________________________
PROPERTY INFORMATION
Address of Subject Property: ________________________________ Parcel ID # ____________ Legal Description: ______________________________ Lot ______ Block ______ Tract ______ Section/Township/Range: _____/_____/_____ Current Zoning: _______________________ Note:
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 theofficers and major stockholders.3)If applicant is a partnership, limited partnership or other business entity, indicate thename of the principals.4)List all other owners.
17.G.3
Packet Pg. 3254 Attachment: Application (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 Page 2 of 3
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 REQUIRED
Completed Application (download current form from the County
website)
1 ☒☐
Addressing Checklist signed by Addressing Department 1 ☒☐
Complete application and all submittal documents in PDF format 1 ☒☐
Fee Simple Deed 1 ☒☐
Statement explaining the general public benefit from the proposed vacation 1 ☒☐
Certificate showing all State and County taxes have been paid for subject parcel 1 ☒☐
Assessment map depicting area of proposed vacation 1 ☒☐
List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number 1 ☐
Site Plan on 8½” x 11” paper 1 ☒☐
Sketch & legal description of what is to be vacated on 8½” X 11”, labeled with a bold Exhibit “A” signed & sealed by hand or digitally 1 ☒☐
Copy of the recorded subdivision plat 1 ☐☐
Letter Authorizing representation, if the applicant isn’t the owner 1 ☐☐
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 ☐☐
A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacations of Easement only 1 ☐☐
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 ☐☐
Completed Property Ownership Disclosure Form (download current form from the County website) 1 ☐☐
Reason for Request (required for AVROW applications only) 1 ☐☐
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
X
x
X
FORTHCOMING
X
17.G.3
Packet Pg. 3255 Attachment: Application (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 Page 3 of 3
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON’T
REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENTS REQUIRED NOT REQUIRED
Letters of No Objection from each of the following, as applicable:
Electric Company / Florida Power and Light Naples Service Center
1220 5th Ave North Naples, FL 34102 Phone: 239-262-1322 1 □ □
Century Link/Lumen
ATTN: Kenneth Stinnett Email: Kenneth.stinnett@Lumen.com
ATTN: Sherlene Clevenger Email: Sherlene.clevenger@Lumen.com 3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234
1 □ □
Collier County Sherriff’s Office / Legal Department
ATTN: Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 1 □ □
Greater Naples Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 1 □ □
North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 6495 Taylor Road, Naples, FL 34109 Phone: 239 -597 -9227 1 □ □
Comcast / Xfinity ATTN: Xavier Medina Email: Xavier_Medina@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 1 □ □
Capital Projects Planning, Impact Fees & Program Management Division
ATTN: Richard Orth Email:Richard.Orth@colliercountyfl.gov 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104
1 □ □
Adjacent Property Owners 1 □□
Homeowners Association 1 □□
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
AVPLAT: $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
__________________________________ ________________ Applicant/Agent Signature Date
__________________________________ Print
X
X
X
X
X
X
X
X
17.G.3
Packet Pg. 3256 Attachment: Application (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) _____________________________________________________
I, _________________________________ (print name), as _______________________________ (title, if
applicable) of __________________________________________ (company, if applicable), swear or affirm
under oath, that I am the (choose one) ____ owner ____ applicant ____ contract purchaser and that:
1.I have full authority to secure the approval(s) requested and to impose covenants and restrictionson the referenced property as a result of any action approved by the County in accordance withthis application and the Land Development Code;2.All answers to the questions in this application and any sketches, data or other supplementarymatter attached hereto and made a part of this application are honest and true;3.I have authorized the staff of Collier County to enter upon the property during normal workinghours for the purpose of investigating and evaluating the request made through this application;and that4.The property will be transferred, conveyed, sold or subdivided subject to the conditions andrestrictions imposed by the approved action.5.We/I authorize ___________________________________________ to act as our/my representativein 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 shouldtypically 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 “generalpartner” 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 thenuse 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 stated in it are true.
__________________________________________ ________________
Signature Date
STATE OF _______________
COUNTY OF _____________
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF □PHYSICAL PRESENCE OR □ ONLINE NOTARIZATION THIS ____ DAY OF ____________,
20__________, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS
PERSONALLY KNOWN TO ME OR HAS PRODUCED __________________ AS IDENTIFICATION.
Notary Public – State of ___________________
(Notary Seal)
______________________________________
Printed Name
17.G.3
Packet Pg. 3257 Attachment: Application (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.4Packet Pg. 3258Attachment: Affidavit of Authorization - BCMC (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.4Packet Pg. 3259Attachment: Affidavit of Authorization - BCMC (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.4Packet Pg. 3260Attachment: Affidavit of Authorization - BCMC (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
Peninsula Engineering17.G.5Packet Pg. 3261Attachment: Affidavit of Authorization - CCPP (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
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:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
17.G.6
Packet Pg. 3262 Attachment: Property Ownership Disclosure Form (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
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
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
Date of Contract: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
17.G.6
Packet Pg. 3263 Attachment: Property Ownership Disclosure Form (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
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.
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
17.G.6
Packet Pg. 3264 Attachment: Property Ownership Disclosure Form (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
1
Kim Davidson
From:OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent:Friday, August 18, 2023 2:15 PM
To:Kim Davidson
Cc:MillerMarshal; JohnssenBeth; RomanDaniel; RosenblumBrett; ScottTrinity
Subject:RE: Letter of No Objection Request for Gulfshore Playhouse Storage Facility
PL20230004226
Attachments:P-PICR-012-001-X06.pdf
Dear Ms. Davidson,
The Stormwater Management Section and Road Maintenance Division has reviewed the attached drainage easement
(DE) exhibit and other documents submitted under PL20230004226 supporting your request for a Stormwater Letter of
No Objection (LONO) to vacate a 20-foot platted DE and replace that DE with another 20-foot DE more suitable to the
proposed Gulfshore Playhouse Storage Facility site development plan. Please accept this e-mail as a Stormwater
Management Section and Road Maintenance Division LONO to your request based on the attached supporting
document that identifies an equal DE replacement with the installation of an 18-inch RCP connection between the
existing Production Blvd/Exchange Ave ROW drainage system and the 50-foot DE along Livingston Road. If you have any
questions or anything significantly changes with the plans or supporting documents, please contact myself at any of the
links below or Daniel Roman, P.E. Principal Project Manager for the GMD Stormwater Management Section at (239-252-
8192).
Sincerely,
Rick Orth
Richard Orth, P.G., Sr. Environmental Specialist
Grouwth Management Department
Road Maintenance Division
4800 Davis Boulevard 2685, Naples, FL 34104
Desk 239-252-5092 Cellular: 239-315-2025 or 239-634-9024
RichardOrth@CollierGov.Net
From: Kim Davidson <KDavidson@pen-eng.com>
Sent: Wednesday, August 16, 2023 11:48 AM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Subject: RE: Letter of No Objection Request for Gulfshore Playhouse (PL20230004226)
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.
Thank you.
Kim
17.G.7
Packet Pg. 3265 Attachment: LONO Email County Stormwater (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
2
Kim Davidson
Executive Assistant and Project Permit Coordinator
2640 Golden Gate Parkway, Suite 201
Naples, Florida 34105
Phone: 239.403-6700
Direct: 239.403.6807
Kdavidson@pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of
construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: Krystle Weems <kweems@pen-eng.com>
Sent: Wednesday, August 16, 2023 11:42 AM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Cc: Kim Davidson <KDavidson@pen-eng.com>; David Hurst <DHurst@pen-eng.com>; Jon Poirier
<JPoirier@barroncollier.com>; Lance Miller <lmiller@pen-eng.com>
Subject: RE: Letter of No Objection Request for Gulfshore Playhouse (PL20230004226)
Richard,
Great news! Thank you for all the coordinaƟon and efforts on this. We will look for the LONO in upcoming emails.
Thank you,
Krystle Weems, CFM
Sr. Project Engineer
PENINSULA ENGINEERING
Direct: 239.403.6745
www.pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of construction documents, it is
the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent: Wednesday, August 16, 2023 11:22 AM
To: Krystle Weems <kweems@pen-eng.com>
Subject: RE: Letter of No Objection Request for Gulfshore Playhouse (PL20230004226)
Krystal,
Thank you for the updated site plan (Exhibit). I received clearance from Trinity a Ōer our meeƟng this morning to write
the Stormwater LONO for the easement vacaƟon.
17.G.7
Packet Pg. 3266 Attachment: LONO Email County Stormwater (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
3
Sincerely,
Rick Orth
Richard Orth, P.G., Sr. Environmental Specialist
Grouwth Management Department
Road Maintenance Division
4800 Davis Boulevard 2685, Naples, FL 34104
Desk 239-252-5092 Cellular: 239-315-2025 or 239-634-9024
RichardOrth@CollierGov.Net
From: Krystle Weems <kweems@pen-eng.com>
Sent: Wednesday, August 16, 2023 9:55 AM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Cc: David Hurst <DHurst@pen-eng.com>; Kim Davidson <KDavidson@pen-eng.com>
Subject: RE: Letter of No Objection Request for Gulfshore Playhouse (PL20230004226)
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 for your Ɵme this morning to review our easement vacaƟon and replacement request. We have added notes
to the exhibit which will accompany your LONO blessing. Please see aƩached. Let us know if you need anything else.
Have a nice week. সহ
Thank you,
Krystle Weems, CFM
Sr. Project Engineer
PENINSULA ENGINEERING
Direct: 239.403.6745
www.pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of construction documents, it is
the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: Kim Davidson <KDavidson@pen-eng.com>
Sent: Monday, August 14, 2023 1:36 PM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Cc: Krystle Weems <kweems@pen-eng.com>; David Hurst <DHurst@pen-eng.com>
Subject: Letter of No Objection Request for Gulfshore Playhouse (PL20230004226)
Importance: High
Good aŌernoon, Richard.
We are requesƟng a LeƩer of No ObjecƟon to vacate, or otherwise legally remove, the exisƟng 20’ Drainage Easement
(DE) between Lots 36 and 37 and replace it with a 20’ DE between Lots 37 and 38. Further, it is our intent to provide a
hard pipe connecƟon (within the proposed DE) between the ProducƟon Blvd. ROW and the 50’ DE on the east side of
17.G.7
Packet Pg. 3267 Attachment: LONO Email County Stormwater (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
4
the subject Project. This will provide a missing drainage component between these two exisƟng conveyance systems,
which will assist in the overall funcƟon of the Collier County ProducƟon Park Master Surface Water Management
System. The proposed improvements will be addressed in the site developm ent permiƫng phase and easement
relocaƟon will be addressed via either a formal easement vacaƟon or a re-plat. AƩached is a copy of the Recorded Plat
and Easement Exhibit.
Should you have any quesƟons, please feel free to discuss on the scheduled conference call, Wednesday, August 16th @
9:00am.
Thank you and have a good day.
Kim
Kim Davidson
Executive Assistant and Project Permit Coordinator
2640 Golden Gate Parkway, Suite 201
Naples, Florida 34105
Phone: 239.403-6700
Direct: 239.403.6807
Kdavidson@pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of
construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
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.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
17.G.7
Packet Pg. 3268 Attachment: LONO Email County Stormwater (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.8
Packet Pg. 3269 Attachment: Plat of Collier County Production Park PH-1B (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.8
Packet Pg. 3270 Attachment: Plat of Collier County Production Park PH-1B (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
lspace above tor r€cord,nq dalal
Grantor represents that Grantor's property rs not homestead prope(y, nor is it contiguous
thereto
PROJECT: 90000
PARCEL: 224DE
FOLIO: 2715002509,27155002606
DRAINAGE EASEMENT
THIS EASEMENT is granted this I& da}, o fibwbq zozo'bt, ccPP, lNc', a Delaware
corporatioqwhose mailing a:ddress is 3200 Bailey Lane, Suite '199, Naples.FL 34105 (hereinafter
;crantor";, in favor of COiLIER COUNTY, a political subdivision of,the State of Florida whose
mailingaddressis32ggTamiamiTrailEast,c/otheOfficeoftheCountyAttorney,SurteS00'
Naples, FL 34'l'12 (hereinafter, "Grantee")
(llhereverusedhelelnlhelerms,,Grantor',and.GrantBe,includealllheparlieslothis]nslrumentandlheir
respectrve heks. legal representatives, successors, and assigns. GrEntor and Granlee are used for singolar or plural
as the conlerl requires.)
RECITALS,
A. Grantor owns ce(ain real property by virtue ol a Deed recorded in OR Book 6232,
Page 3198, 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, lhe receipt and sufficiency of which is hereby acknowledged,
Grantor hereby gr"nts to Grantee a perpetual, non+xclusive drainage easement (the
"Easement') encuitO.ring the portion of Grantor's property described on Exhibit "A" aftached
hereto (the'Easement Area").
The Easement shall be for drainage and stormwater management purposes and includes
the nght to enter upon the Easement Area to a) construct' operate, maintain, tepair, replace and
reroie prmps, underground pipes, ditches. swales. earthen berms rip-rap, retaining walls and
other reGining systema, irrigation lines, lighting and other electrical facilities, and all olher types
of water contiol'and relatea structures and facilities, at County s sole discretion, with County
having no obligation or responsibility for maintenanceiand b) place excavate, use, store, plant'
remoie and diipose of soil, lrees, 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 ol such property; all as deemed necessary or appropriate from time to time by the Grantee
The easement rights granted to Grantee are subject to existing easements. restrictions'
reservations, and other maters 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{itle
CA()
P€pared by and relum to
Collier Counly
Ti.n!ponationEngrneedng ROW
2885 Ho.seshoe Drv€ S
1
17.G.9
Packet Pg. 3271 Attachment: Replacement Drainage Easement 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
lN WTNESS VVIIEREOF, Grantor has executed this anstrument on the day and year first
above written
Wtnesses:
AIJDPEY I+A,{co c-L.
Printed Name
Address
Signature (W(ness
CCPP,lNC.. a Delaware corporation
8y
AND J. SALUAN, Preside
F.wY
as identification
SL re of Notary Public
(rr,^ -b .-ba,r i ) sar,,
Pnnted Name
Serial / Commission # (iI anY)t\.?bl3z (€
My Commission Expires
kwe
STATE OF FLORIDA
COUNTY OF COLLIER
Printed Na
The toreoorno rnstrumenlwas acknowledged before me by means of EdnZys'calpresence
or fj online niarizit,on this -!!! aay of f\orznbc( 2023, bv ANDREW J' SALUAN as
President of CCPP, tNCTa Delalvare corporation. on behalf oI the company, who:
is personally knoyvn to me:
-s
oa ,/V produced E/a driver's license. oR f]
Approved as to form and legality
DEREK D. PERRY, ESQ
Assistant County Attorney
abzt
Kllr 0. DAvlDsoN
Notary Publlc^ltate of Florid.
Colnni5rion. HH 101826
l.ly Colnm. Erpires Feb 19. 2026
EonCed through flntional ltotary furn.
Cdt;earu -i
Srbnature (VVil&sM ) I
(amx nolarial seal above)
1'
2
,iAiq..,i+#"i
10
17.G.9
Packet Pg. 3272 Attachment: Replacement Drainage Easement 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
PENTNSUil+,
ENGINEERING T
LEGAL DESCRIPTION
OF A PORTION OF LAND OF THE PLAT COLLIER COUNTY PRODUCTION PARK PHASE 1B
AS RECORDED IN PLAT BOOK 15 PAGES 7-8
COLLIER COUNTY, FLORIDA.
(DRAINAGE EASEMENT)
COMMENCING AT THE SOUTHWEST CORNER OF LOT 37 OF THE PLAT OF COLLIER COUNTY
PRODUCTION PARK PHASE 1B AS RECORDED IN PLAT BOOK 15, PAGES 7-8 OF THE OFFICIAL
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID LOT 37 AND THE EXTENSION OF SAID WEST LINE
NORTH 00"15'42'' EAST ,I44,23 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID LINE NORTH OO'15'42" EAST 2O.OO FEET:
THENCE LEAVING SAID WEST LINE SOUTH 89'44'18" EAST 15O.OO FEET;
THENCE NORTH OO",I5'42' EAST 18.28 FEET TO A POINT ON THE SOUTH LINE OF LOT 38 OF SAID
PLAT;
THENCE ALONG SAID SOUTH LINE NORTH 89"18'34'EAST 5O.OO FEET TO
THE SOUTHEAST CORNER OF SAID LOT 38:
THENCE ALONG THE EAST LINE OF SAID PLAT BOUNDARY SOUTH OO'15'42'WEST 60.00 FEET TO
THE NORTHEAST CORNER OF SAID LOT 37;
THENCE ALONG THE NORTH LINE OF SAID LOT 37 SOUTH 89"18'34'WEST 5O.OO FEET;
THENCE LEAVING SAID LINE NORTH 00"15'42'' EAST 21.74 FEET;
THENCE NORTH 89'44'18'WEST 15O.OO FEET TO THE POINT OF BEGINNING.
CONTAINING 0.14 ACRES, OR 6,000 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO.
BEARINGS ARE BASED ON THE WEST LINE OF SAID LOT 37 BEING NORTH 00"15'42" EAST,
AUGUST 215 202i
LANCE T MILLER, P.s,M. fr155627 DATE OF SURVEY
CERTIFICATE OF AUTI|ORIZATION #18.8479
REFERENCE: S:\Collier_County-Ptoduction_Pdrk\SKETCH\DEP-PtCR-012-007-X06.dwq
2600Golden Gate Parkway, Naples, Floflda, 34105 Office 239.403.5700 tax 239.26t.1,797
Fla Engineer CA 28275 Fla Landscape CA 1C26000632 Fla Surveyor/Mapper 188479
Page | 1
17.G.9
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17.G.9
Packet Pg. 3274 Attachment: Replacement Drainage Easement 110923 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.10
Packet Pg. 3275 Attachment: Warranty Deed - Fee Simple Ownership (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.10
Packet Pg. 3276 Attachment: Warranty Deed - Fee Simple Ownership (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.10
Packet Pg. 3277 Attachment: Warranty Deed - Fee Simple Ownership (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.11
Packet Pg. 3278 Attachment: 2022 Tax Receipts (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.11
Packet Pg. 3279 Attachment: 2022 Tax Receipts (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
17.G.11
Packet Pg. 3280 Attachment: 2022 Tax Receipts (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
RESOLUTION 2021- 243
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING RESOLUTION 2006-160, AS AMENDED, IN
ORDER TO AMEND THE POLICIES AND PROCEDURES
FOR: 1) THE CLOSING AND VACATION OF ROAD
RIGHTS-OF-WAY; 2) THE VACATION AND
ANNULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND; AND 3) THE EXTINGUISHMENT OF
PUBLIC EASEMENTS CONVEYED BY SEPARATE
INSTRUMENT RECORDED IN THE PUBLIC RECORDS
CONVEYANCES OTHER THAN ON A SUBDIVISION
PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT
FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL
PROPERTY.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
pursuant to sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier
County Ordinance No. 2004-31, as amended, and the Collier County Land Development Code, is
authorized to grant or deny vacations and annulments of plats of subdivided land, road rights-of-
way, alleyways, and public dedicated easements conveyed by separate instrument recorded in the
public records, and exchange of real property; and
WHEREAS, the Board, on July 25, 2006, adopted Resolution 2006-160, which
superseded and replaced Resolution 1998-465, establishing the policies and procedures
previously established for the above; and
WHEREAS, the Board, on September 10, 2013, adopted Resolution 2013-166, which
amended Resolution 2006-160, to further amend the policies and procedures previously
established for the above; and
WHEREAS, the Board desires to further amend the policies and procedures for: 1)
closing and vacation of road rights-of-way; 2) vacation and annulment of plats or portions of
plats of subdivided land; and 3) extinguishment of public easements conveyed by separate
instrument records in the public records (conveyances other than on a subdivision plat) on platted
or unplatted land, except for public roads, and exchange of real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. This Resolution amends Resolution No. 2006-160, as amended, as set forth in the
following Attachments.
2. The policies and procedures for the closing and vacation of road rights-of-way are
amended and set forth in Attachment "A", incorporated herein and made part of this
Resolution.
20-EIS-04338/1574837/5] Page 1 of 2
CAO
17.G.12
Packet Pg. 3281 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment `B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST:BOARD F COUNTY COMMISSIONERS
CRYSTAL"Ify I I IZEL, CLERK COLLI TY, FLORIDA
By 0 ;. v
de.
i L— By:
Atte .as to ' 4 Irma , Deputy Clerk Penny Tayl , Chairman
Approved'a &to.forr and legality:
4i)
erek D. Perry
Assistant County Attorney q/A
Z12,
u\
Attachments:
1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right-of-Way
2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
20-EIS-043 3 8/1 5 74 8 3 7/5] Page 2 of 2
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Packet Pg. 3282 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
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Attachment"A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under Ssection 336.09, Florida Statutes, the Board of County
Commissioners (BCC)may:
1. Vacate, abandon, discontinue and close any existing public or private street, alleyway,
road, highway, or other place used for travel, or any portion thereof, other than a state or
federal highway, and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
1. An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division / Planning and Regulation, Engineering Services Section. It must be
accompanied by a non-refundable application fee (refer to Growth Management
Development Services' / Planning and Regulation current fee schedule for the applicable
fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (FEEee SIMPLEimple DEEDeed). If petitioner is
Attachment"A" 20-EIS-04338/1574837/5]
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not the owner of the fee simple title, petitioner shall provide a statement
demonstrating the reason for the request including any property or financial interest
or projects affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
g) Site Plan - the site plan must be on 8 Y2" X 11" paper and show all data pertinent to
the proposed vacation,which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures,
5) Location of proposed vacation and, if applicable,proposed dedication-
h) A sketch and blegal description of what is to be vacated submitted on 8 Y2" X 11"
paper labeled in bold capital letters as EXHIBIT "A". This legal description is to bo
accompanied by a sketch of the legal description. Both the legal description and
sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and
have a "Prepared by" block listing the name and address of the Florida Professional
Surveyor and Mapper.
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 2 of 13 Additions Underline Deletions ugh
C)
90
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Packet Pg. 3284 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
i)j) A property ownership disclosure form listing all persons with equitable interests in
the application.
ik "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,,
Development Review Division / Planning and Regulation Administrator or his their
designee. Such letters may include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Engineering Services Development
Review Division will distribute the package to the following areas for their approval
or objection:
1-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
29) Collier County Engineering ScrviceJDevelopment Review Division—
Subdivision-Review
310)Collier County Engineering ServiceJCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation Department Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above,then the application is deemed denied.
1011If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
Attachment"A" 20-EIS-04338/1574837/5]
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Packet Pg. 3285 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) A sketch and Regal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
2) An attorney's title opinion or certification by a title company Ownership &
Encumbrance Report by a title company(current),:
3) Executed conveyance document, and:
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition application
for completeness and compliance with this Resolution.Engineering
ServicesDevelopment Review Division will prepare an appropriate executive summary
and resolution and transmit both documents to the County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to Ssection 336.09, Florida Statutes.
4. Once the time and date of the public hearing isare established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Engineering ServicesDevelopment Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of public
hearing, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50)per additional property owner.
6. In the event that the petitioner for the property in question does not represent lthemself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent h4mthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment"A" 20-EIS-04338/1574837/5]
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Packet Pg. 3286 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment"A" 20-EIS-04338/1574837/5]
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Packet Pg. 3287 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
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L.
U
Attachment"B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57
2004-31 and the Collier County Land Development Code.
B. POLICY: When a request is in the interest of the general public welfare or no public
detriment is established, the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said countyies, returning the property covered by such plats either in whole or
in part into acreage.
C. PROCEDURE:
1. To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Engineering ServicesGrowth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
Attachment"B" 20-EIS-04338/1574837/5]
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Packet Pg. 3288 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
c) Certificate showing all State and County taxes have been paid for the subject parcel.
Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed vacation and, if applicable,proposed dedication:
g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
description is to be accompanied by a skctch of the legal description. Both the sketch
and legal description and sketch are to be signed and sealed by a Florida Professional
Surveyor and Mapper and have a"Prepared by" block listing the name and address of
the Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
1) Electric Company
2) Telephone Company
Attachment"B" 20-EIS-04338/1574837/5]
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17.G.12
Packet Pg. 3289 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Engineering ServiceJDevelopment Review
Division will distribute the package to the following areas for their approval or
objection:-
4-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
39) Collier County Engineering ServicesDevelopment Review Division—
Subdivision-Revieweview
310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportations Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void—
f}k If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) Sketch and blegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a"Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,7
2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a
title company (current),.-
3) Executed conveyance document, and:
4) Executed subordination documents.
Attachment"B" 20-EIS-04338/1574837/5]
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Packet Pg. 3290 Attachment: Resolution 2021-243 (27205 : VAC-PL20230013952 CC Production Pk Naples Playhouse)
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isae established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineering Servicesthe Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request,then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent h4mthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"B" 20-EIS-04338/1574837/5]
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Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
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to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
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in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,,.-
2) Attorney's Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"C" 20-EIS-04338/1574837/5]
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