Agenda 01/09/2024 Item #17A (Resolution - to vacate the County and public interest in a portion of the Coconut River)01/09/2024
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 -
PL20220006722, to disclaim, renounce, and vacate the County and the public interest in the northern 30 feet
of the easterly 140 feet of Coconut River, located along the southerly border of Lot 27 of Coconut River Unit
No. 1, according to the plat thereof as recorded in Plat Book 3, Page 58, of the Public Records of Collier
County, Florida, located at 1480 Airport-Pulling Road North, Naples, FL 34104, at the southwest quadrant
of Airport-Pulling Road North and Longboat Drive, in Section 35, Township 49 South, Range 25 East,
Collier County, Florida, and to accept Petitioner’s grant of replacement easements.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the Coconut
River, located along the southerly border of Lot 27 of Coconut River Unit No. 1, as rec orded in Plat Book 3, Page
58, of the Public Records of Collier County, Florida, located at 1480 Airport-Pulling Road North, Naples, FL
34104, at the southwest quadrant of Airport-Pulling Road North and Longboat Drive, in Section 35, Township 49
South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit “A”, and to accept
Petitioner’s grant of replacement easements.
CONSIDERATIONS: Petition VAC-PL20220006722 has been received by the Growth Management Community
Development Department, requesting to vacate the northern 30 feet of the easterly 140 feet of Coconut River,
located along the southern border of Lot 27 of Coconut River Unit No. 1, as recorded in Plat Book 3, Page 58, of
the Public Records of Collier County, Florida, located at 1480 Airport-Pulling Road North, Naples, FL 34104, at
the southwest quadrant of Airport-Pulling Road North and Longboat Drive in Section 35, Township 49 South,
Range 25 East, Collier County, Florida.
This application is for vacating the remaining 30-foot portion of Coconut River adjacent to Lot 27, as shown in the
original Coconut River Unit No. 1 Plat Book 3, Page 58. A part of the vacated portion of Coconut River will be
replaced with a drainage easement which, when combined with the immediately adjacent recorded 7.5-foot drainage
easement, will provide Collier County with a 15-foot drainage easement for collection and access to the existing
Coconut River to the west, within the platted Coconut River residential subdivision.
The subject portion of Coconut River has been utilized for signage and other improvements in the past (all
improvements were previously approved by Collier County). This request is similar to the previously vacated
portion of Coconut River to the south, as noted above and vacated by Resolution No. 85-134 (recorded in OR 1142,
PG 1790, and included in the submittal backup).
The applicant is providing replacement drainage easements that better reflect the reality of this area’s drainage needs
and an easement for a future Collier Area Transit (CAT) bus shelter (to be constructed by the County).
FISCAL IMPACT: Growth Management Community Development Department, Development Review Division
staff has collected a $2,000 “Petition to Vacate” fee from the petitioner, which covers the County’s recording and
processing of the Petition.
GROWTH MANAGEMENT IMPACT: No impact on the growth management plan is associated with this
action.
LEGAL CONSIDERATIONS: Pursuant to 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 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 to the whole, or that part of the parcel sought to be vacated; and
17.A
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01/09/2024
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-PL20220006722, to disclaim, renounce, and vacate the
County and the public interest in the northern 30 feet of the easterly 140 feet of Coconut River, located along the
southern border of Lot 27 of Coconut River Unit No. 1, as recorded in Plat Book 3, Page 58, of the Public Records
of Collier County, Florida, located at 1480 Airport-Pulling Road North, Naples, FL 34104, at the southwest
quadrant of Airport-Pulling Road North and Longboat Drive, in Section 35, Township 49 South, Range 25 East,
Collier County, Florida; to accept Petitioner’s grant of replacement easements; 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 Coconut River Unit No. 1, as recorded in Plat Book 3, Page 58, 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 - 111623(1) (PDF)
2. Proposed - Bus Stop/Shelter Easement (PDF)
3. Proposed - Replacement Drainage Easement (PDF)
4. Application (PDF)
5. Affidavit of Limited Liability Company (PDF)
6. Affidavit of Authorization (PDF)
7. Property Ownership Disclosure Form (PDF)
8. LONO Stormwater Email (PDF)
9. LONO Coconut Rive Estates Civic Association (PDF)
10. LONO South Parcel Memo with receipt (PDF)
11. Plat of Coconut River PB 3 page 58 (PDF)
12. Resolution 85-134 OR 1142, page 1790 (PDF)
13. Warranty Deed (PDF)
14. Paid Taxes 2023 (PDF)
15. Resolution 2021-243 (PDF)
16. legal ad - agenda ID 27294 (1 of 2) (PDF)
17. legal ad - agenda ID 27294 (2 of 2) (PDF)
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01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 27294
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-
PL20220006722, to disclaim, renounce, and vacate the County and the public interest in the northern 30 feet of the
easterly 140 feet of Coconut River, located along the southerly bor der of Lot 27 of Coconut River Unit No. 1,
according to the plat thereof as recorded in Plat Book 3, Page 58, of the Public Records of Collier County, Florida,
located at 1480 Airport-Pulling Road North, Naples, FL 34104, at the southwest quadrant of Airport-Pulling Road
North and Longboat Drive, in Section 35, Township 49 South, Range 25 East, Collier County, Florida, and to
accept Petitioner’s grant of replacement easements.
Meeting Date: 01/09/2024
Prepared by:
Title: County Surveyor – Development Review
Name: Marcus Berman
12/04/2023 8:24 AM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
12/04/2023 8:24 AM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/04/2023 8:37 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/04/2023 2:28 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/04/2023 6:29 PM
Development Review Brett Rosenblum Additional Reviewer Completed 12/05/2023 10:52 AM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
12/05/2023 3:46 PM
Growth Management Community Development Department Diane Lynch Department Review Completed
12/05/2023 5:45 PM
Unknown Jaime Cook Division Director Completed 12/11/2023 12:47 PM
Road Maintenance Marshal Miller Additional Reviewer Completed 12/12/2023 10:17 AM
Transportation Management Services Department Trinity Scott Transportation Management Services
Department Skipped 12/12/2023 11:16 AM
Transportation Management Services Department Trinity Scott Transportation Completed
12/12/2023 11:18 AM
Growth Management Community Development Department James C French Additional Reviewer Completed
12/12/2023 11:26 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/02/2024 11:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/02/2024 12:22 PM
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01/09/2024
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/02/2024 3:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/02/2024 4:35 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/03/2024 11:43 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
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Packet Pg. 1631
RESOLUTION NO.2024-
A RESOLI]TION OF THE BOAR-D OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN THE NORTHE,RLY 30
FEET OF TI'IE EASTERLY I4O FEET OF COCONUT
RIVER, COCONUT RIVER UNIT NO. 1, ACCORDING TO
THE PLAT TIIEREOF RECORDED I\ PLAT BOOK 3,
PAGE 58, OF THE PUBLIC R.E,CORDS OF COLLIER
COUNTY, T'LORIDA, LOCATED AT 1480 AIRPORT-
PULLING ROAD NORTH, NAPLES, FL 34104, AT THE
SOUTHWEST QUADRANT OF AIRPORT-PULLING
ROAD NORTH AND LONGBoAT DRIVE, IN SECTION 35,
TOWNSIIIP ,19 SOUTH, RANGE 25 EAST' COLLIER
couNTY, FLORIDA. lP L202200067 221
WHEREAS, pursuant to Resolution 2021-243 and Florida Statutes section 177 '101,
Pctitioner, Carl Thrushman, P.8., of Peninsula Improvement Corporation d/b/a Peninsula
Engineering, on behall of the fee simple property orvner, has requested the vacation of the
County and the Pubtic interest in the northerly 30 fcct ofthe easterly 140 feet of Coconut River,
located along the southerly border of Lot 27 of Coconut River Unil No. l, according to the plat
thercof as recorded in Plat Book 3, Page 58 of the Public Records of Collier County, Florida,
located at 1480 Airport-Pulling Road North, Naples, FL 34104, at the southwest quadrant of
Airport-Pulling Road North and I-ongboat Drive, in Section 35, Township 49 South, Rangc 25
East, Collier County, Florida, being more specifically shown in Exhibit "A", attached hereto and
incorporated herein by rcference; 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
WIIEREAS, the granting of the petitioner's request will not all'ect the ownership or right
of convenient access of persons owning other parts of the subdivision, nor invade or violatc
individual property ri ghts.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Counry and public
interest in the northerly 30 f'eet of the easterly 140 feet of Coconut River, Coconut River Unit
No. 1, according to the plat thereof recorded in Plat Book 3, Page 58, of the Public Records of
Collier County, Florida, located at 1480 Airport-Pulling Road North, Naples, FL 34104, at the
southwest quadrant of Airport-Pulling Road North and Longboat Drive, in Section 35, Township
49 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 lbr the public benefit.
[22-ErS-04770/1 82760 1/l]
v AC-PL202200067?Z
Page I of2
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17.A.a
Packet Pg. 1632 Attachment: Resolution - 111623(1) (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the 9th day ofJanuary 2024.
ATTEST:
CRYSTAL K, KINZDL, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COLTNTY, FLORIDA
By,
Chris Hall, ChairmanDeputy Clerk
Approved as to lorm and legality:
Derek D. Perry
Assistant County Attorney
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor,
Development Review Division.
Attachments:
I) Exhibit "A"- Sketch and Legal Description
2) Exhibit "B" - Location-Site Map
122-EtS -04'17 0 / t E27 60 t / ll
v AO-PL20220006722
Page 2 of 2
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BE IT FURTHER RESOLVED AND ORDERED that the clerk to the Board is hereby
directed to record a certified copy ol'the Resolution in the Public Records and to make proper
notation of this Rcsolulion on the plat ofCoconut River Unit No. 1, as recorded in PIat Book 3,
Page 58, olthe Public Rccords of Collier County, Florida.
17.A.a
Packet Pg. 1633 Attachment: Resolution - 111623(1) (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
COASTAL
ENGINEERING
CONSULTANTS
INC.
Coastal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and Mapping
Website: www.coastalengineering.com
EXHIBIT,,A,,
PART OF COCONUT RIVER (NOT IMPROVED OR CONSTRUCTED) TO BE VACATED
LEGAL DESCRIPTION
A THIRTY (30) FOOT WIDE PARCEL OF LAND LYING IN COCONUT RIVER OF COCONUT RIVER UNIT
NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 58, PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 27 OF SAID COCONUT RIVER UNIT NO. 1
SUBDIVISION, RUN 5OO'39'37"E ALONG SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT
27 AND THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT ROAD FOR A DISTANCE OF 3O.OO FEET;
THENCE LEAVING SAID LINE S89"43,48,,W FOR A DISTANCE OF 14O.OO FEETTO AN INTERSECTION
WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 27;
THENCE ALONG SAID LINE N00"39,37,,W FOR A DISTANCE OF 3O,OO FEET TO THE SOUTHWEST
CORNER OF SAID LOT 27;
THENCE ALONG THE SOUTH LINE OF SAID LOT 27 N89'43,48,,E FOR A DISTANCE OF 14O.OO FEET
TO THE POINT OF BEGINNING;
THE ABOVE DESCRIBES APPROXIMATELY 4,200 SQUARE FEET OR O.10 ACRES OF LAND.
FLORIDA BUSIN ESS AU RIZATION NO. LB 2464
RICHABD J. EffiN G,
PROFESsIOMAL STJRVEVPts,AND MAPPER
FLOR rDA CE RTi F r cArE' l\Iit'-s 2e s
N ot.vALr q wh*r our""-ir,K sc NATU RE AN D
THE ORIGINAL.RA.FED SEAI OF A FLORIDA
LICENSED SURVE.V@R ANb MAPPER
CEC FILE NO:'Zt.atg
DATE OF SIGNATURE: 8,3".23
28421 Bonira Crossings Blvd.. tsonita Springs. F'L 34115
70726 Phone (239) 643-232,1. Fax (239) 643-l l4i
(?25) 52i-7403
12l I North Range Ave.. Suite Il. Denham Springs. t.A
Phone
E-mail: infoacecifl .com
SERY/NG COASIAL COMMUNITIES SINCE 1977
COASTAL ENGINEERING CONSULTANTS, INC.
,.)
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Packet Pg. 1636 Attachment: Resolution - 111623(1) (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
Prepa6d by:nd rdu.n lo
Collisl Count-franlpon m En0nccring. RO1/V
2885 S.lIn Hoc..ho. Onv.
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PROJECT 90000- Miscellaneous
PARCEL 21gASE
FOL|O 26731200001
BUS STOP/SHELTER EASEMENT
THIS EASEMENT is granted thrs wday ol&j. , zoza, ;cs NAPLES HoLDll{Gs,
LLC a Florida limited liability company, whose mailing address is 26'14 Tamiami Trail N Suite
615 Naples, FL 34103, (hereinalter, "Gtanlor') in lavor of COLLIER COUi{TY, a politrcal
subdivision of the Stale of Florida, whose mailing address rs 32gg Tamiami Trail East, c/o the
Office ot the County Attomey. Su(e 800, Naples, FL 34112 (hereinalter. 'Grantee")
(Wherever usad hsrern lhe lerms 'Granlof- and 'Granlee- anclude all lh€ patu€s to thrs rnslrumeni and lhel'
respeclve heirs legsl repressnlalivB. successors. aM assgns G6nlor and Granlee are us€d lor slngubr or plural
as lh€ conte{ requires )
RECITALS
GIante€ desires to obtain an easement over, under, upon and across a porlion of
Granlor's property
NOw THEREFORE, tor good and valuable consideralion, the receipt and sufficiency ot
which rs hereby asknowledged, Granlor hereby grants to Grantee a perpelual, non-exclusive bus
stop/shelter easement (the 'Eas€ment') €ncumbering the portaon of Grantor's property described
on EIDOL:{ attached hereto (the "Easement Area').
The Easement shall be for a public bus stop/shelter and includes the right to enter upon
and use the Easement Area to a) maintain a publtc bus slop. and to conslruct, operate, maintain,
repair, and r€place a public bus shelter. bench, bike rack, Americans with Disabilities Acl
compliant and related lacihties, and b) place, excavate, use, store, planl, remove and dispose of
soil, trees, landscaping, and olher materials and improvements, including the removal and
dispo6sl of any and all property, real and/or personal, nol own€d by Grantee to the axtenl it
interleres with Grantee's rights hereunder. withoul liability to the owner ol such property, all as
deemed necessary or appropriale trom time to time by Grantee
Th6 easement rights granted to Grantee are subiect to existang easemenls, reslnctlons,
reservations. and other matters of record, any. This Easemenl constitutes an easement
"running with the land" and shall inure to the benefit ofGrantee and be binding upon Grantor and
Granlor's successors-in-title
Granlor rep.esents thal Grantor's property is not homeslead property. nor is it contiguous
thereto
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17.A.b
Packet Pg. 1637 Attachment: Proposed - Bus Stop/Shelter Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
lN WTNESS WHEREOF, Grantor has executed this instrument on lho day and y€ar fir8t
above wntlen.
Jcs NAPLES HoLDINGS. LLC. a Flonda
llm ed liabilrty company
t.BY
S,g re (Wilness 1)HE CART, Manager
nted Name
Address: 25oO 'Ia.vr'. are'. (r
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STATE OF FLORIDA
COUNTY OF COLLIER
The loreqornq rnstrument was acknowledgeo b€fore me by means ot[ffi-nysicat presence
or ! ontrne notlarizitron rnrs ljlll\ aay ot 6ik 2023 by CHRISToPHER sHUcaRT,
as Manager of JCS NAPLES HOLDINGS, LLC. a Florida limited liablly company. on behalt ot
the cOmpany who.
-,/ is personally known to me:
OR
-
produced E a driveas license, OR E
Signature (Vvitness 2)
ttlri rrr, Lo
Approved as to form and legality
OEREK O PERRY, ESO
Assistant County Attorney
nalure ot Notary
Nrccrc- C,. M c r..)..r- t+-r
as rdenhflcatron
Pnntec, Name T
Senat / Commrssron # (rf any). lt]4-4-!7-Ee!
My commission Expies: -EJllZtZlNLiL-
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l:j' ffi-..::i Commisslon HH 4'17561
iffi#.::-T Epres AuSusl 28, m27
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17.A.b
Packet Pg. 1638 Attachment: Proposed - Bus Stop/Shelter Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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ii17.A.bPacket Pg. 1639Attachment: Proposed - Bus Stop/Shelter Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-
)
EXHIBIT "8"
PROPOSED ld X 15'Cor.LltR AREA TRANSIT {CAT)EASEMEMT
I..E6AL DTSCRIPTION
A PARCEL OF IANO TYING IN THAT PART OF COCONUT RIVER OF COCONUT RIVER UNIT NO. 1
ACCORDING TO THE PLAT THEREOF RECORDEO IN PI.AT 8OO( 3, PAGE 58, PUBTIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING DESCRIEED AS FOLTOWS:
COMMENCING AT THE SOUTHIAST CORNER OF I.OT 27 OT SAID COCONUT RIVER UNI'[ NO, 1
SUBDIVISION, RUN SOO'39'37"E ATONG SOUTHERLY EXTENSION OF THE EAST LINE OF SAIO tOT
27 AND THE WESTERTY RIGHT.Of.WAY I,INE OF AIRPORT ROAD FOR A DISTANCE OF 7,50 FEET
IO IHI POINT OF BEGINNII{G;
Exhibit A
2 ol2
Coasl,al and Manne Engineenig
EnvironrEntal and Geologacal Servces
Land and Manne Survey and MapFng
Websrte www.coastalengineenng.conr
,{qRSF
THENCE CONTINUE SOO'39'37"E ALONG SAID SOUTHERI,Y EXTENSION OF THE EAST LINE Of SAID
TOT 27 AND THE WESTERI-Y RIGTIT.OT-WAY LINE Of AIRPORT ROAD FOR A DISTANCE OF 15.00
FEET;
THENCE TEAVING SAID LINE S89'2CT23"W FOR A DIsTANCE OF 1O.OO FEET;
IHENCE NOO'39'37"W FOR A DISTANCE OF 15.00 FEET;
THENCE N89'20'23"E FOR A OISTANCE OF 1O.OO FEET TO THE FOII{T Of EEGI ING;
COASTAI- ENGINEERING CONSUTTANTS, INC.
tLoRrDA BUSTNESS AUTHORIZATtON NO. L8 2464
crrrrr-trdrbr
RICHARD J, EWING, V.P.
PROFTSSIONAL SURV€YOR AND MAPPER
FTORIDA CERTIFICATE NO. 5295
NOTVAIIO WITHOUTTHE SIGNATURE AND
THE ORIGINAL RAISED STAL Of A TLORIDA
I.ICENSED SURVIYOR AND MAPPER
cEc nLE NO.21.318
DATE OF SIGNATURE:
:xlil ll,s[. (r\(n!\l]h,l l!rn,rtr\infr. ll rll:!
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cAo
COASTAL
ENGINEERING
CONSULTANTS
tNc.
THE ABOVE DESCRIBES APPROXIMATELY 150 SQUARE FEET OF I.AND.
17.A.b
Packet Pg. 1640 Attachment: Proposed - Bus Stop/Shelter Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
Pllperld b! t.d rEtum to
TEnspon.tEn Engrno3i'ng ' ROW
2885 HoB..hoa DB. S
I3pad .bov. ior r.cordin! daDl
PROJECT 90000- MEc€llaneous
PARCEL 2'gDE
FOLIO: 26731200001
DRAINAGE EASE ENT
THIS EASEMENT is granted rhis -lrJtday ot o?t. ,2023. by Jcs NAPLES
HOLDINGS, LLC, a Florida limited lability company, whose mailing address is 2614 Tamiami
Trail N Suite 615, Naples, FL 34103, (hereinafrer, 'Grantor'), in favor of COLLIER COUNTY, a
political subdivision of the Stale ol Ftorida, whose mailing address is 3299 Tamiami Trail East.
c/o the Ofice ofihe Counly Attorney. Suite 800, Naples, FL 34112 (hereinafter, 'Grantee").
(wher€ver used horern lh€ l€fm3 "Grantoi and'Grenlee" include alllhe partes to lhis inltrumenl and lheil
r€speclNe herrs, legal rcpresenlalivcs, successors, and assigns Gtanlor and Gronl6e are used lor sngular or dural,
as the contexl requrles )
RECITALS
Grantee desires to obtain an easemenl over. under. upon and across a portion ot
Grantoas property.
NOW THEREFORE, in consideralion of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, lhe receipl end sulfrciency of which is hereby acknowledged,
Grantor hereby granls lo Grantee a perpetual, non-exclusive draioag€ easement (the
''Easement") encumbering the portaon ol Grantor's propeny desqrbed on Exhibit "A' anached
hereto (the "Easement Area')
The Easement shalt be for drainage and $tormwater management purposes and includes
the Jight to enter upon lhe Easement to a) construc,t, operate, maintain, repair, leplace 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 eleclrical
facilrties. and ail other types of water control and related structures and facilities, at County's sole
discretion; and b) place, excavate. use. slore planl, remove and dispose of soil, trees
landscaping. and other materials and improvemenls, including the removal and disPosal ol any
ard 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 liahlity to the owner of such prop€rty: all as
deemed necessary or appropriale ftom time to time by the Grantee.
The easement righls granted to Grantee are subiect to exisling easemenls, restrictions,
reservations, and other matlers ol record. il any This Easement constitutes an easement
'running wath the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor s successors-in-title.
Granlor represents thal Grantor's property is nol homestead properly, nor is it contiguous
lhereto
I signature page follows]
cao
17.A.c
Packet Pg. 1641 Attachment: Proposed - Replacement Drainage Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
lN WTNESS WHEREOF, Grantor has executed this instrumenl on the day and year first
above wntlen
Wtnesses
JCS NAPLES HOLDINGS, LLC a Florida
lmited liabil ity company
ature (\Mlness 1)SH RT Manager
tJicde- C- t-.[N.-ltt l
Printed Name
Signature (Wlness 2)
trtrc rn. Lo&rO
STATE OF FLORIOA
couNTY oF coLLrE a ,z'
The toregorng rnstrument w.as acknowledged before me by means of $fy",*t pr."""n""
or ! onlne notarzatron th's IlE day of JiCt-, 2023 by CHRISTOPHER SHUCART,
as Manager of JCS NAPLES HOLDINGS, LLC a Florida limited labrlity company, on behalf ol
Printed Name
(afiix noladal seal above)
as to
D, PERRY, ESO
Assistanl County Attorney
the comgany who
i./rs personally known to me:
OR
-
produced n a driver's license. oR E as identifrcatron
S rg
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Comml6slon I HH il'17561
ErpiBs AL€uEt 28, 2@7
17.A.c
Packet Pg. 1642 Attachment: Proposed - Replacement Drainage Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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t17.A.cPacket Pg. 1643Attachment: Proposed - Replacement Drainage Easement (27294 : VAC-PL20220006722 Coconut River Lot
)
COASTAL
ENGINEERING
CONSULTANTS
Exhibit A
2ot2
Coastral aM Manne Engineenng
EnvrronrEntal ahd Geologrcal Servces
LaM and Marine Survey and Mappng
Vl/bbslte: u n /.coastalengineering-com
EXHIBIT "A"
PROPOSED DRAINAGE EASEMENT
I.EGAT OESCRIPTION
A STRIP OF TAND LYING IN THAT PART OF COCONUT RIVER OF COCONUT RIVER UNIT NO, 1
ACCORDING TO THE PLAT THERCOF RECORDEO IN PIAT SOOK 3, PAGE 58, PUBI"IC RECORDS OF
COTLIER COUNTY, FLORIDA, BEING DESCRIEED AS TOLLOWS:
COMMENCING AT THE SOUTHEASI CORNER OT TOT 27 OF SAID COCONUT RIVER UNIT NO, 1
SUBDIVISION, RUN SOO'39'37'E ATONG SOUTHEfiLY EXTENSION OF THE EAST LINE OF SAIO IOT
27 AND THE WESTERIY RIGHT.OF.WAY TINE OF AIRPORT ROAD FOR A DISIANCE OT 22.S0 FItT
TO THE POII{T OF BEGINNING;
THE AEOVT DESCRIETS APPROXIMATETY 1,162 SQUARE FTET OR O.O3 ACRE5 OF LAND.
THENCE CONTINU€ SOO"39'37"8 ALONG SAID SOUTHERI-Y EXTENSION OF THE EAST LINE OF SAID
TO1 27 AND THE WESTERLY RIGHT.OF-WAY I-INE OF AIRPORT ROAD FOR A DISTANCE OF 7.50
fEET;
THENCE L€AVING SAID I.INE S89'43'48"W TOR A DISTANCE OF 14O.OO IEfT TO AN INTTRSECTION
WITH THE SOUIHERI.Y EXTENSION OF THE WEST I-INE OT SAID tOT 27;
THENCE ATONG SAID LINE NOO'39'37"W fOR A DISTANCE OF 3O.OO FEET TO THE SOUIHWEST
CORNER OF SAID I-OT 27;
THENCE ALONG THE SOUTH LINE OF SAID LOT 27 N89'43'48"E TOR A OISTANCE OF 5.OO FE€T
THENCE TEAVING SAID LINE SOO'39'37"E TOR A DISTANCE OF 22.47 FEET;
THENCE N89'43'48"8 TOR A DISTANCE OF 135,00 FEET IO THE POIITT OF gEGINNINGJ
COASTAI- ENGINEERING CONSUI.IANIS. INC.
FTORIDA EUSINESS AUTHORI2ATION NO, L8 2454
o?rty rrrLd 6, ntM , h,^r
dl.ufilc^!rr '0c@oaoi
r.(. r I
RICHARD J, EWING, V.P,
PROFESSIONAL SURVTYOR AND I\4APPER
FI-ORIDA CERTIFICATE NO. 5295
NOI VAIIO WITHOUT THE SIGNATURE AND
THE ORIGINAT RAISED StAt Of A FLORIDA
LICENSED SURVEYOR AND MAPPER
ctc FtLE No.21.318
DATE: 7-24-2023
1! l: I Bonil. C.Binar Bhd.. Bdit qtiis*. H lrl-rs
7ot]6 l,hort{Llr)I6.lj-rj!a. l.\ (2-t')l6.li-l!4:
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Ph.!
p
17.A.c
Packet Pg. 1644 Attachment: Proposed - Replacement Drainage Easement (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
3/16/2022 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.
X
Coconut River Unit 1 Lot 27 3 58
790 1190
JCS Naples Holdings, LLC.
2614 Tamiami Trl N Suite 615 Naples FL 34105
chris@jcsrealtygroup.com
Carl Thrushman P.E.Peninsula Engineering2600 Golden Gate Boulevard Naples Fl 34105239-403-6700
cthrushman@pen-eng.com
1480 Airport Rd. N.26731200001Coconut River Unit 1 27
35 49 25
& Josh Fruth
17.A.d
Packet Pg. 1645 Attachment: Application (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
3/16/2022 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 ☐☐
17.A.d
Packet Pg. 1646 Attachment: Application (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
3/16/2022 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 Miller, Project Manager, Principal (Licensed)
2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Email: Richard.Miller@colliercountyfl.gov
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
Carl Thrushman
10/27/2022
17.A.d
Packet Pg. 1647 Attachment: Application (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
PROJECT 90000- Miscellaneous
PARCEL 21gDE
FOLTO 267312m001
AFFIDAVIT OF LIMITED LIABILITY COMPANY
The undersigned, CHRISTOPHER SHUCART (Amanf) being lirst duly sworn states as follows:
1 Aflianl is Manaser of JCS NAPLES HOLOINGS, LLC a Fbrida limited liabilitv
company (the'company")
The Company was organized and is validly exasting under the laws of the State of Florida
and is aulhonzed to do business in the State of Florida
3 The Company is currenlly in exist€nce and haa not been termlnated or dissolved
4 Neather the Company. nor any of ils Inembers, are curently B debtor in a bankruptcy or
insolvency proceeding
5 The follo,ring are all of lhe memb€rs of the Company:
CHRISTOPHER SHUCART
The Company is Manager msnaged pu6uanl lo ts Operatng Agreement CHRISTOPHER
SHUCART b autho.ized by the Operairng Agreement to execute all instruments on behalf
of ihe Company affecting rnterests rn real Prope.ty, and any and all necessary consents
have been obtained
Affiant acknowledges that Collier Conty and a l e company Esurng t e insurance will rev upon this
Atfidavil Aff6nt rs hmrlrar wrth the nature ot an oath and with the penalhes as provded by lhe laws of the
Stale of Flonda for falsely swearing to staterne^ts made in an tnstrument of thra nalure. Affiaot certifies tMt
Arfiant has caretully read this Aflidavit and understands all
CHR CART
OR_ has produc6d a E dnvofs lrcense, or E as identfrcalron
Publ!c
N,'cA{- C. t,tclJ.rbtr-r
2
6
STATE OF FLORIDA
couNTY oF coL L tER ,,..
ssio,n to and subscnb€cl before me by means o trtyacal preseoe or E onlrne notarizaton *ot i4
dayof OrY.. 2023. CHRISTOPHER SHUCART as ManagerofJCS NAPLES HOLDIi{GS, LLC, a
Florirlrlfmited lrabihly mmpany on behalf of the company '^'fro
-L i6 p€rsonally known Io mo.
Prinled Name f
Approved as to lorm and legalrty
DEREK D PERRY ESQ
Asslslanl County Atlorney
o.d-
ffii.rffiffiffiuiFfl*,it;if*ci Epires Augusl 28, 202
17.A.e
Packet Pg. 1648 Attachment: Affidavit of Limited Liability Company (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.fPacket Pg. 1649Attachment: Affidavit of Authorization (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.gPacket Pg. 1650Attachment: Property Ownership Disclosure Form (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.g
Packet Pg. 1651 Attachment: Property Ownership Disclosure Form (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.g
Packet Pg. 1652 Attachment: Property Ownership Disclosure Form (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
From:Joshua Fruth
To:Pearl Bianchi
Subject:FW: 1480 AIRPORT
Date:Wednesday, April 12, 2023 10:55:12 AM
Please save with the submittal folder. It is noted on the response letter for one of the items we are
submitting on the VAC application.
Thank you,
PENINSULA ENGINEERING
Josh Fruth
Vice President of Engineering
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6739
jfruth@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: Joshua Fruth
Sent: Tuesday, November 8, 2022 11:28 AM
To: RomanDaniel <Daniel.Roman@colliercountyfl.gov>
Cc: JohnssenBeth <Beth.Johnssen@colliercountyfl.gov>; OrthRichard
<Richard.Orth@colliercountyfl.gov>; ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Subject: RE: 1480 AIRPORT
Thank you Dan.
I’ll have a draft of the easement cover prepared for the grant and share it with you, so it is ready to
record once the vacation is officially approved.
Thank you,
PENINSULA ENGINEERING
Josh Fruth
Vice President of Engineering
2600 Golden Gate Parkway
17.A.h
Packet Pg. 1653 Attachment: LONO Stormwater Email (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6739
jfruth@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: RomanDaniel <Daniel.Roman@colliercountyfl.gov>
Sent: Tuesday, November 8, 2022 9:28 AM
To: Joshua Fruth <jfruth@pen-eng.com>
Cc: JohnssenBeth <Beth.Johnssen@colliercountyfl.gov>; OrthRichard
<Richard.Orth@colliercountyfl.gov>; ScottTrinity <Trinity.Scott@colliercountyfl.gov>
Subject: RE: 1480 AIRPORT
Josh,
This e-mail serves as the Letter of No Objection and supersede the letter issued on July 18, 2021
(attached for your records).
Stormwater Management Section has no objection to vacate the existing 30’ easement and provide
a 7.5’ wide drainage and access easement, as shown in the “21318-DRAINAGE EASEMENT.pdf” and
“LandPlan1-X104.pdf” documents. Proposed 7.5’ drainage/access easement shall be recorded at the
time of the vacation of easement application approval.
Please let me know if you have any questions.
Regards,
Daniel J. Roman, PE PMP
Project Manager III
Stormwater Management
Transportation Management Services Department
Capital Project Planning, Impact Fees & Program Management
2685 South Horseshoe Dr., Suite 103, Naples, Florida 34104
Office: 239-252-5181 Cell: 239-359-8445
Daniel.Roman@colliercountyfl.gov
From: Joshua Fruth <jfruth@pen-eng.com>
17.A.h
Packet Pg. 1654 Attachment: LONO Stormwater Email (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
Sent: Tuesday, November 8, 2022 8:21 AM
To: RomanDaniel <Daniel.Roman@colliercountyfl.gov>
Subject: 1480 AIRPORT
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Hi Dan,
Per our conversation, see attached. As noted, I’ll be on standby. Please let me know if you need
anything else.
1. Proposed Drainage Easement
2. LONO letter (EXHIZBIT 2)
3. Proposed site plan
4. Vacation Easement Sketch
5. Legal Description – Vacation
6. Legal Description – Proposed Easement
Thank you,
PENINSULA ENGINEERING
Josh Fruth
Vice President of Engineering
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6739
jfruth@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.
17.A.h
Packet Pg. 1655 Attachment: LONO Stormwater Email (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.i
Packet Pg. 1656 Attachment: LONO Coconut Rive Estates Civic Association (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Memorandum:
Parcel No. 26733280003 1450 Airport Rd N Naples, Fl. 34104
A Letter of No Objection was mailed to Argentina Brothers Realty Corp c/o Peter Argentina at 6402
NW 32nd Terrace Boca Raton, FL. 33496 on February 1st 2023. No email, call or letter was returned
from the mailing.
17.A.j
Packet Pg. 1657 Attachment: LONO South Parcel Memo with receipt (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.j
Packet Pg. 1658 Attachment: LONO South Parcel Memo with receipt (27294 : VAC-PL20220006722 Coconut River Lot 27
17.A.k
Packet Pg. 1659 Attachment: Plat of Coconut River PB 3 page 58 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.l
Packet Pg. 1660 Attachment: Resolution 85-134 OR 1142, page 1790 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1661 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1662 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1663 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1664 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1665 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.m
Packet Pg. 1666 Attachment: Warranty Deed (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
435,705
$4,831.69
Please Pay
Please Pay
$0.00
$0.00
CONSERVATION COLLIER
If Paid By
If Paid By
C.C. WATER POLLUTION CTRL PGM
$0.00
UNINCORP GEN - MSTD
COLLIER COUNTY LIGHTING
SCHOOL BOARD - LOCAL BOARD
GREATER NAPLES FIRE RESCUE DIS
COLLIER MOSQUITO CONTROL
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
03/30/2023
BIG CYPRESS BASIN
2022 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2022 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
66
66
435,705
3.5645
2.2110
2.2480
0.0948
0.0978
1.5000
0.8069
0.1154
0.1609
Mar 31, 2023
Mar 31, 2023
0.0293
436,755
435,705
435,705
435,705
435,705
435,705
435,705
436,755
435,705
435,705
WWW-23-00548471
4831.69
26731200001
26731200001
COCONUT RIVER UNIT 1 LOT 27
OR 790 PG 1190
COCONUT RIVER UNIT 1 LOT 27
OR 790 PG 1190
JCS Naples Holdings LLC
108.93
1,553.07
0.2500
JCS NAPLES HOLDINGS LLC
2614 TAMIAMI TRAIL N STE 615
NAPLES, FL 34103
JCS NAPLES HOLDINGS LLC
2614 TAMIAMI TRAIL N STE 615
NAPLES, FL 34103
11.0786
351.57
Receipt #
653.56
70.10
Pay your current taxes online at:
http://www.colliertaxcollector.com/
50.28
981.83
965.67
42.61
41.30
0
Paid By
12.77
435,705
436,755
0
435,705
0
435,705
0
435,705
435,705
436,755
435,705 0
0
0
0
0
0
0
435,705
$4,831.69
435,705
435,705
17.A.n
Packet Pg. 1667 Attachment: Paid Taxes 2023 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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.A.o
Packet Pg. 1668 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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
C110
17.A.o
Packet Pg. 1669 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
p1,L14
V rN
1 AIL
ri I1N`1
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]
March 20132021 Page 1 of 13 Additions Underline Deletions Strkethreugh
O10
17.A.o
Packet Pg. 1670 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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
17.A.o
Packet Pg. 1671 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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]
March 20132021 Page 3 of 13 Additions Underline Deletions Strikethretrgh
0
17.A.o
Packet Pg. 1672 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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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Ode)
17.A.o
Packet Pg. 1673 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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]
March 20132021 Page 5 of 13 Additions Underline Deletions Strikothrough
17.A.o
Packet Pg. 1674 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
pLLI
G ,
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]
March 20132021 Page 6 of 13 Additions Underline Deletions
0VD
17.A.o
Packet Pg. 1675 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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]
March 20132021 Page 7 of 13 Additions Underline Deletions Striketkroug#
J
17.A.o
Packet Pg. 1676 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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. 1677 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isae established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineering Servicesthe Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request,then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent h4mthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"B" 20-EIS-04338/1574837/5]
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Packet Pg. 1678 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
j .
6,1
Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 1679 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 1680 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 1681 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,,.-
2) Attorney's Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 1682 Attachment: Resolution 2021-243 (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
17.A.p
Packet Pg. 1683 Attachment: legal ad - agenda ID 27294 (1 of 2) (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)
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Packet Pg. 1684 Attachment: legal ad - agenda ID 27294 (2 of 2) (27294 : VAC-PL20220006722 Coconut River Lot 27 7-Eleven)