BCC Agenda 02/13/2024 Item #16A 4 (Resolution - scheduling a public hearing to consider vacating a 10-foot-wide public road right-of-way approximately located south of Immokalee Road west of Richards Street)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
February 13, 2024
Add-on Item 16F10: Recommendation to renew the annual Collier County’s Certificate of Public Convenience
and Necessity (COPCN) for Collier County Emergency Medical Services to provide Class 1 Advanced Life Support
Transport (ALS) for one year and authorize the Chairman to execute the Permit and Certificate, with a retroactive
effective date of January 1, 2024. (Staff’s Request)
Move Item 16A4 to 11C: Recommendation to adopt a Resolution scheduling a public hearing to consider vacating
the 10‐foot‐wide public road right‐of‐way easement over the westerly 10 feet of Tract A‐1, as described in Official
Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet
south of Immokalee Road (CR‐846) and 1,000 feet west of Richards Street in Section 25, Township 48 South,
Range 26 East, Collier County, Florida. (PL20230007642) (Commissioners Saunders’ and McDaniel’s Separate
Requests)
Continue Item 16F4 to the February 27, 2024, BCC Meeting: Recommendation to award Invitation to Negotiate
(“ITN”) 23‐8177 ‐ “Gasoline and Diesel Fuel Multi‐Agency Cooperative Purchase” to Palmdale Oil Company, LLC,
and authorize the Chairman to sign the attached Agreement. (Commissioner McDaniel’s Request)
Continue Item 16F5 to the February 27, 2024, BCC Meeting: Recommendation to award Fixed Fee Professional
Service Agreement to Digitech Computer, LLC, under Request for Proposal (RFP) 23‐8098 EMS Billing Services and
authorize the Chairman to sign the attached agreement. (Commissioner McDaniel’s Request)
Continue Item 16B7 to the February 27, 2024, BCC Meeting: Recommendation to award Request for Professional
Services (“RPS”) No. 22‐8015, “Professional Services for Nearshore Biological Monitoring,” to CSA Ocean Sciences
Inc., and authorize the Chairman to sign the attached agreement. (Staff’s Request)
Notes:
TIME CERTAIN ITEMS:
Item 5C to be heard 9:30AM: Update by the Pelican Bay Foundation, Inc., on Pickleball at Pelican Bay
Community Park.
Item 10A to be heard at 10AM: Discussion regarding the use of fluoride in the public potable water supply
distributed by the County’s Public Utilities Division’s Water Department.
2/21/2024 1:32 PM
02/13/2024
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the 10 -foot-wide
public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record
Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet
south of Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South,
Range 26 East, Collier County, Florida. (PL20230007642)
_____________________________________________________________________________________
OBJECTIVE: For the Board of County Commissioners (“Board”) to establish a time and date for a public hearing
to consider the vacation of the County and the Public interest in the 10-foot-wide public road right-of-way easement
over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records
of Collier County, pursuant to Florida Statutes section 336.09(2) and Resolution No. 2021-243.
CONSIDERATIONS: The Development Review Division has received a request to vacate the 10-foot-wide public
road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476,
Page 242, of the Public Records of Collier County, located in Section 25, Township 48 South, Range 26 East,
Public Records of Collier County, Florida.
This request is to remove the 10 feet wide easement to allow the site to be developed with an apartment complex
that includes affordable housing units. The easement was originally provided to provide a 10-foot wide access to
two landlocked parcels from Sundance Street. The parcels are being combined into one larger parcel and the access
is no longer needed. Collier County appears to never have accepted nor maintained the 10-foot-wide easement. The
request to vacate the 10-foot-wide public road right-of-way easement is to clean up title to the property so the
proposed residential project (with affordable housing) can be built.
The site is currently zoned Agricultural (A) (RFMUO-Receiving), but a companion rezoning application
(PL20220003805) is being considered to allow residential uses as a Planned Unit Development (PUD).
Although a replacement easement is not being proposed, Collier County will realize the following public benefits:
• A commitment to affordable housing for 30 years, with 15% of the units being dedicated to incomes
including and up to 80% of the Area Median Income (AMI) of Collier County and 15% of the units being
dedicated to incomes including and up to 100% of the AMI of Collier County.
• A commitment to provide an easement for a CAT Bus Stop per the JLM Living East RPUD Master Plan.
Pursuant to Florida Statutes section 336.09(2) and Resolution No. 2021-243, the Board “may adopt a resolution
declaring that at a definite time and place a public hearing will be held to consider the advisability of [vacating the
public road right-of-way easement].” If the proposed resolution is adopted, the hearing will take place on February
27, 2024, as a companion to the Board’s hearing on JLM Living East RPUD (PL20220003805).
Additionally, the hearing will be advertised in a local paper of general circulation pursuant to Florida Statutes
section 336.10 and Resolution No. 2021-243, and the adjacent property owners will be given notice as well.
FISCAL IMPACT: The application fee of $2,000 covers staff review, and processing. The applicant is also
responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To adopt a Resolution scheduling a public hearing on February 27, 2024, to consider
vacating the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in
16.A.4
Packet Pg. 310
02/13/2024
Official Record Book 1476, Page 242, of the Public Records of Collier County, located in Section 25, Township 48
South, Range 26 East, Collier County, Florida. (PL20230007642)
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Resolution - Set Hearing Date (PDF)
2. Application (PDF)
3. Affidavit of Authorization for JLM Living LLC (PDF)
4. Affidavit of Authorization for Q Grady Minor (PDF)
5. Property Ownership Disclosure Form (PDF)
6. LONO Road Maintenance and Stormwater Management (PDF)
7. LONOs All (PDF)
8. OR Book 1476 page 242 (PDF)
9. Master Site Plan Proposed (PDF)
10. 2022 County Tax Receipt (PDF)
11. Resolution 2021-243 (PDF)
12. Current Conditions Map (PDF)
16.A.4
Packet Pg. 311
02/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 27789
Item Summary: Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the 10 -
foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record
Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of
Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26
East, Collier County, Florida. (PL20230007642)
Meeting Date: 02/13/2024
Prepared by:
Title: County Surveyor – Development Review
Name: Marcus Berman
01/23/2024 6:28 AM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
01/23/2024 6:28 AM
Approved By:
Review:
Unknown Jaime Cook Division Director Completed 01/23/2024 9:40 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 01/23/2024 10:21 AM
Development Review Brett Rosenblum Additional Reviewer Completed 01/23/2024 2:23 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
01/26/2024 1:50 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/26/2024 3:39 PM
Road Maintenance Marshal Miller Additional Reviewer Completed 01/29/2024 10:54 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
01/29/2024 3:16 PM
Growth Management Community Development Department James C French Growth Management Completed
02/01/2024 12:54 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/02/2024 2:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/02/2024 3:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2024 9:05 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/05/2024 1:52 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/05/2024 5:22 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
16.A.4
Packet Pg. 312
16.A.4.aPacket Pg. 313Attachment: Resolution - Set Hearing Date (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.aPacket Pg. 314Attachment: Resolution - Set Hearing Date (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.aPacket Pg. 315Attachment: Resolution - Set Hearing Date (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.aPacket Pg. 316Attachment: Resolution - Set Hearing Date (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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 publicroads.
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 the officers and major stockholders.3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals.4) List all other owners.
AVESMT-X
1476 242
Little Pepper Ranch LLC
JLM Living, LLC
3839 Bee Caves Rd., #205 Austin TX 78746
512.583.0055
josh@jlmfinancialinvestments.com
Michael J. Delate, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey Bonita Springs FL 34134
239.947.1144
MDelate@gradyminor.com
2655 Sundance Street 00191600005
See Deed
25 48 26
A (RFMUO-Receiving)
16.A.4.b
Packet Pg. 317 Attachment: Application (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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 ;܆
X
16.A.4.b
Packet Pg. 318 Attachment: Application (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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 Services6495 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 103Naples, 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
February 15, 2023
Michael J. Delate,P.E.
16.A.4.b
Packet Pg. 319 Attachment: Application (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.cPacket Pg. 320Attachment: Affidavit of Authorization for JLM Living LLC (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.cPacket Pg. 321Attachment: Affidavit of Authorization for JLM Living LLC (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.d
Packet Pg. 322 Attachment: Affidavit of Authorization for Q Grady Minor (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 323 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 324 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 325 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 326 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 327 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 328 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 329 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 330 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 331 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.e
Packet Pg. 332 Attachment: Property Ownership Disclosure Form (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
From:Richard Orth
To:Sharon Umpenhour
Cc:Derek Perry; Marshal Miller; Beth Johnssen; Brett Rosenblum; Richard Yovanovich
Subject:Road Maintenance and Stormwater Management Section LONO to PL20230007642 Vacation for JLM Living East
RPUD
Date:Thursday, January 11, 2024 4:09:12 PM
Sharon Umpenhour, Agent
Q. Grady Minor & Associates, P.A.
3800 Viaduct del Ray
Bonita Springs, Florida 34134
Dear Ms. Umpenhour,
The Collier County Stormwater Management Section and Road Maintenance Division (RM) have no
objections to the requested easement vacation within Collier County parcel I.D. 00191600005 as
proposed by the supporting documents under Vacation Application PL20230007642 for the JLM
Living East RPUD. Please consider this e-mail correspondence as a Stormwater Management Section
and RM Letter of No Objection (LONO) to the proposed vacation. If you have any further questions
or concerns, please do not hesitate to contact me at any of the links below.
Sincerely,
Rick Orth
Richard Orth, P.G., Plan Reviewer
Road, Bridge & Stormwater Maintenance
Transportation Management Services
4800 Davis Boulevard 2685, Naples, FL 34104
Desk 239-252-5092 Cellular: 239-315-2025 or 239-634-9024
RichardOrth@CollierGov.Net
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.
16.A.4.f
Packet Pg. 333 Attachment: LONO Road Maintenance and Stormwater Management (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
November 2, 2022
Sharon Umpenhour
Senior Planning Technician
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
RE: No objection to Easement Vacation for Parcel Numbers 00191440003 and 00191600005
Dear Sharon,
In response to your request to vacate 30’ wide public right-of-way easement and a 10’ wide
public road right-of-way easement located on property identified as Parcel Numbers
00191440003 and 00191600005, according to the Collier County Property Appraiser, as
presented on the prints sent to this office; LUMEN has no objection, providing LUMEN
cable facilities are not in conflict with the vacation of the easements.
Please be advised that Lumen has a 12-pair aerial copper cable located in the south right-of
way/utility easement paralleling Sundance Street (see attached). The no objection is
contingent to Lumen being provided any required easements for relocation of existing
facilities that could be affected, along with Lumen being totally reimbursed by
owner/developer on the cost of relocating such facilities.
If I can be of further assistance, feel free to contact me at 239-920-5935 or email
Kenneth.Stinnett@lumen.com.
Sincerely,
Kenneth Stinnett
Local Network Engineer II
LUMEN
3530 Kraft Rd, Unit 100
Naples, FL3410
Tel: 239-920-5935
Kenneth.Stinnett@lumen.com
16.A.4.g
Packet Pg. 334 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.g
Packet Pg. 335 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
4105 15th Avenue S.W.
Naples, Florida 34116
21st, March 2023
Re: No Objection Letter ~ to the proposed Plat Utility Easements
Parcel numbers: 00191440003 and 00191600005
Melanie Diaz,
Florida Power and Light Company has reviewed your proposed construction on the properties located at
Parcel numbers: 00191440003 and 00191600005. Section 25, Township 48, Range 26. Florida Power
and Light Company has no objection to the proposed Plate Utility Easements at this location as long as
this job at this location will not touch FPL underground and/or overhead existing facilities and will not
conflict with any FPL business in the future. This “no objection” is provided with the stipulation that any
FPL facilities within easements at this property retain all rights.
If you have any questions regarding this matter, please contact me at 239-248-7058.
Sincerely,
Hector M. Martinez
Distribution Engineer
Cell : (239) 248-7058
Email: Hector.Martinez2@fpl.com
Golden Gate Service Center
Please contact me with any questions or concerns. Best way to reach me is via Email.
16.A.4.g
Packet Pg. 336 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.gPacket Pg. 337Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.g
Packet Pg. 338 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.g
Packet Pg. 339 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
April 18th, 2023
Attn: Sharon Umpenhour
Grady Minor & Associates
RE-LONO - Easement Vacation Application for JLM Living, LLC
Collier County Property Appraiser Parcel Numbers 00191440003 and 00191600005
Dear Sharon,
Thank you for contacting Comcast regarding your proposed vacation of easement and
replat. This is to inform you that Comcast does not have facilities within the site’s development
area. We have no objection to your plans at this location.
If Comcast facilities are found and/or damaged within the area as described, the
Applicant will bear the cost of repairs of said facilities. If you have any further question or
concerns, please do not hesitate to contact me at If you have any further question or concerns,
please do not hesitate to contact me at (941) 914-7814.
Sincerely,
David Lescrynski
Manager, Construction SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
Cell (941) 914-7814
David_Lescrynski@Comcast.com
16.A.4.g
Packet Pg. 340 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.gPacket Pg. 341Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.gPacket Pg. 342Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.gPacket Pg. 343Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.g
Packet Pg. 344 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.g
Packet Pg. 345 Attachment: LONOs All (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.h
Packet Pg. 346 Attachment: OR Book 1476 page 242 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
16.A.4.h
Packet Pg. 347 Attachment: OR Book 1476 page 242 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: PRESERVE
ZONED: A (RFMUO-RECEIVING LANDS)
USE: CHARTER SCHOOL
ZONED: VENTANA POINTE RPUD
(PB70, PG 5-9)
USE: RESIDENTIAL15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE:RESIDENTIAL
ZONED: A (RFMUO-RECEIVING LANDS)
LAMORADA (PB 59, PG 1-15)
USE:GOLF COURSE
IMMOKALEE ROAD
25' VENTANA
POINTE LBE
30' PUBLIC ROAD ROW
(OR2116 PG2240)
E1
E210' WIDE TYPE
'D' LANDSCAPE
BUFFER
20' WIDE TYPE
'D' LANDSCAPE
BUFFER
MINIMUM 6-FOOT WIDE LANDSCAPE
BUFFER RESERVATION (SEE NOTE #2)
POTENTIAL
VEHICULAR/PEDESTRIAN
INTERCONNECTION
SUNDANCE STREET
R
R
R
R
R
R
R
AA
R
R
R
R
R
R
R
LAKE
R
LAKE
LAKE
EMERGENCY
ACCESS ONLY
PRESERVE
FUTURE CAT BUS STOP
SHELTER EASEMENT
(APPROXIMATE LOCATION)
HATCHED AREA
LIMITED TO SINGLE
STORY HOMES
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
0 300'150'
SCALE: 1" = 300'
LEGEND:
R RESIDENTIAL
AA AMENITY AREA
E#EASEMENT (SEE NOTE SHEET)
16.A.4.i
Packet Pg. 348 Attachment: Master Site Plan Proposed (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
NOTES
1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS.
2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1.
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE
WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE REQUIREMENTS OF A TYPE 'B' BUFFER,
A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE
WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM
ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' WIDE LANDSCAPE BUFFER
RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE
PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND
SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE
6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE AND
NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL
SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT.
DEVIATIONS (SEE EXHIBIT E)
NO DEVIATIONS REQUESTED
EASEMENT INDEX:
E1 - 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305,
PG 3751) - TO BE VACATED
E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG
242), (OR736, PG516) AND (OR 5305, PG 3751)
SITE SUMMARY
TOTAL SITE AREA: 37.2± ACRES
RESIDENTIAL:23.57± ACRES (63%)
AMENITY AREA:0.66± ACRES (2%)
LAKE:1.92± ACRES (5%)
PRESERVE:9.3± ACRES (25%)
BUFFERS:1.3± ACRES (4%)
SUNDANCE ST:0.45± ACRES (1%)
RESIDENTIAL:MAXIMUM 305 MULTI-FAMILY RENTAL DWELLING UNITS
OPEN SPACE:
REQUIRED:50% (CONSISTENT WITH THE JLM LIVING EAST RESIDENTIAL OVERLAY)
PROVIDED:50% (WITHIN THE PUD)
PRESERVE:
REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%)
PROVIDED: 9.3± ACRES
16.A.4.i
Packet Pg. 349 Attachment: Master Site Plan Proposed (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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:
199,085
$2,917.49
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$230.82
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
11/09/2022
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
Solid Waste
44
44
3.5645
2.2110
2.2480
0.0948
0.0978
0.8069
0.0293
0.1609
1.5000
Nov 30, 2022
Nov 30, 2022
0.2500
312,132
199,085
199,085
199,085
199,085
199,085
199,085
312,132
199,085
199,085
WWW-23-00225837
230.82
2800.79
00191600005
00191600005
25 48 26 S1/2 OF E1/2 OF W1/2
OF SE1/4 OF NE1/4 5 AC OR 1476
PG 242
25 48 26 S1/2 OF E1/2 OF W1/2
OF SE1/4 OF NE1/4 5 AC OR 1476
PG 242
shannon pertchik
709.64
LITTLE PEPPER RANCH LLC
165 CHANNEL DR
NAPLES, FL 34108
LITTLE PEPPER RANCH LLC
165 CHANNEL DR
NAPLES, FL 34108
19013 District 1 Garbage
10.9632
5.83
Receipt #
160.64
298.63
Pay your current taxes online at:
http://www.colliertaxcollector.com/
32.03
701.67
690.12
19.47
18.87
Paid By
49.77
199,085
312,132
0
199,085
0
199,085
0
199,085
199,085
312,132
199,085 0
0
0
0
0
0
0
$2,686.67
199,085
199,085
16.A.4.j
Packet Pg. 350 Attachment: 2022 County Tax Receipt (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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
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Packet Pg. 351 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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. 352 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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]
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Packet Pg. 353 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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]
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C)
90
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Packet Pg. 354 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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. 355 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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. 356 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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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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]
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Packet Pg. 358 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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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Packet Pg. 359 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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. 360 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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
Attachment"C" 20-EIS-04338/1574837/5]
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Packet Pg. 362 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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. 363 Attachment: Resolution 2021-243 (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)
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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Easement to be vacated.
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Packet Pg. 366 Attachment: Current Conditions Map (27789 : VAC-PL20230007642 Sundance Street to set a Hearing)