BCC Agenda 02/13/2024 Item #17B (Resolution - Vacating public interest in the 12-foot Fire Wagon & Drainage Easement of Lot 20, Lake Kelly Unit 2)02/13/2024
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 -
PL20230013038 to disclaim, renounce, and vacate the County and the Public Interest in the 12-foot Fire
Wagon and Drainage Easement located along the southerly border of Lot 20, Lake Kelly Unit 2, as recorded
in Plat Book 3, Page 93, of the Public Records of Collier County, Florida, in Section 14, Township 50 South,
Range 25 East, Collier County, Florida and to accept Petitioner’s grant of a 12 -foot drainage and access
easement to replace the vacated drainage easement.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 12-foot Fire Wagon and
Drainage Easement located along the southerly border of lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3,
Page 93, of the Public Records of Collier County, Florida, in Section 14, Township 50 South, Range 25 East,
Collier County, Florida and to accept Petitioner’s grant of a 12-foot drainage and access easement to replace the
vacated drainage easement.
CONSIDERATIONS: A petition (VAC-PL20230013038) has been received by the Development Review
Division, Growth Management Community Development Department, requesting to vacate the 12-foot Fire Wagon
and Drainage Easement located along the southerly border of lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3,
Page 93, of the Public Records of Collier County, Florida, in Section 14, Township 50 South, Range 25 East,
Collier County, Florida.
The owner proposes to vacate a 12-foot-wide Fire Wagon (F.W.) and Drainage Easement (D.E.) along the south
property line of Lot 20, Lake Kelly Unit 2 (parcel ID 53350600000) located at 3987 Full Moon Ct, and relocate an
access and drainage easement with the same width along the south property line of the adjoining Lot 19, Lake
Kelly Unit 2 (parcel ID 53350560001). This approval is contingent upon the public benefit installation of an inle t
box, stormwater drainage pipe, and mitered end outfall into Lake Kelly prior to the issuance of a building permit to
the residence. Currently, no drainage structure or swale exists in the existing drainage easement. The new easement
and underground drainage structure will improve drainage to the community. The new drainage structure will allow
water to disperse from Full Moon Ct into Lake Kelly. The owner shall design, permit, and construct the drainage
pipe-inlet box mitered end outfall to Collier County Standards within 180 days of approval of the vacation. The
vacation of this easement will allow for the construction of a single-family residence on the property.
The Development Review Division has reviewed this petition and found no reason for objection.
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 cost of
recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: No growth management plan impact is associated with this action.
LEGAL CONSIDERATIONS: The petitioner is requesting the vacation of a 12-foot-wide Fire Wagon (F.W.)
and Drainage Easement (D.E.) along the south property line of Lot 20, Lake Kelly Unit 2.
Pursuant to Resolution No. 2021-243 and Florida Statutes section 177.101, the Board may adopt resolutions
vacating plat in whole or in part of subdivisions in Collier County, returning the property covered by such plats
either in whole or in part into acreage when the following criteria are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The request does not invade or violate individual property rights.
3. The petitioner owns the fee simple title of the whole, or that part of the parcel sought to be vacated, and
4. The vacation will not affect the ownership or right of convenient access of persons owning other parts of the
17.B
Packet Pg. 2090
02/13/2024
subdivision.
This item has been approved as to form and legality and requires a majority vote for Board approval. --DDP
RECOMMENDATION: To approve the attached Resolution relating to Petition VAC-PL20230013038, which
will vacate the County and the public interest in the 12 -foot Fire Wagon and Drainage Easement located along the
southerly border of Lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3, Page 93, of the Public Records of Collier
County, Florida, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, being more specifically
shown in Exhibit “A,” accept the Petitioner’s grant of a 12-foot drainage and access easement to replace the vacated
drainage easement, and direct the Clerk to the Board to record a certified copy of the Resolution in the Public
Records and to make proper notation of this Resolution on the plat of Lake Kelly as recorded in Plat Book 3, Page
93, of the Public Records of Collier County, Florida.
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENT(S)
1. Proposed Resolution - PL20230013038 (PDF)
2. Vacation application (PDF)
3. Property Ownership Disclosure Form (PDF)
4. LONO CC Stormwater Approval Letter (PDF)
5. Greater Naples Fire LONO (PDF)
6. Plat of Lake Kelly Unit 2 (PDF)
7. Drainage and access easement (PDF)
8. 2022-Paid Annual-bill (PDF)
9. Resolution 2021-243 (PDF)
10. legal ads - agenda ID 27684 (PDF)
17.B
Packet Pg. 2091
02/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 27684
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-
PL20230013038 to disclaim, renounce, and vacate the County and the Public Interest in the 12 -foot Fire Wagon
and Drainage Easement located along the southerly border of Lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3,
Page 93, of the Public Records of Collier County, Florida, in Section 14, Township 50 South, Range 25 East,
Collier County, Florida and to accept Petitioner’s grant of a 12-foot drainage and access easement to replace the
vacated drainage easement.
Meeting Date: 02/13/2024
Prepared by:
Title: County Surveyor – Development Review
Name: Marcus Berman
01/10/2024 5:55 AM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
01/10/2024 5:55 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 01/11/2024 12:01 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
01/16/2024 4:56 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
01/19/2024 5:33 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
01/22/2024 8:19 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/22/2024 1:23 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 01/23/2024 9:03 AM
Road Maintenance Marshal Miller Additional Reviewer Completed 01/25/2024 9:49 AM
Unknown Jaime Cook Division Director Completed 01/31/2024 3:18 PM
Growth Management Community Development Department James C French Growth Management Completed
02/01/2024 11:44 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/07/2024 10:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/07/2024 10:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/07/2024 10:29 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/07/2024 1:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/07/2024 4:28 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
17.B
Packet Pg. 2092
[23-EIS-04902/1836706/1] Page 1 of 2
RESOLUTION NO. 2024-____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 12-FOOT FIRE WAGON
AND DRAINAGE EASEMENT LOCATED ALONG THE
SOUTHERLY BORDER OF LOT 20, LAKE KELLY UNIT 2,
AS RECORDED IN PLAT BOOK 3, PAGE 93, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA. [PL20230013038]
WHEREAS, pursuant to Resolution 2021-243, Petitioner, Trevor Tedeschi, the fee
simple owner of that part of the plat sought to be vacated, has requested the vacation of the
County and the Public interest in the 12-foot Fire Wagon and Drainage Easement located along
the southerly border of Lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3, Page 93, of the
Public Records of Collier County, Florida, in Section 14, Township 50 South, Range 25 East,
Collier County, Florida, being more specifically shown in Exhibit “A”, attached hereto and
incorporated herein by reference; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner’s request and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the petitioner’s request will not affect the ownership or right
of convenient access of persons owning other parts of the subdivision, nor does it invade or
violate individual property rights.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public
interest in the 12-foot Fire Wagon and Drainage Easement located along the southerly border of
Lot 20, Lake Kelly Unit 2, as recorded in Plat Book 3, Page 93, of the Public Records of Collier
County, Florida, in Section 14, Township 50 South, Range 25 East, Collier County, Florida,
being more specifically shown in Exhibit “A”, is hereby vacated, extinguished, renounced and
disclaimed, and this action is declared to be in the public interest and for the public benefit and is
conditioned on the conveyance of a replacement easement and installation of drainage
improvements by Monday, August 12, 2024, as described in the proposed stormwater
management plan further described within the application materials of PRFH20231044147 and
VAC-PL20230013038, and as shown in Exhibit “C”, attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records and to make proper
notation of this Resolution on the plat of Lake Kelly Unit 2, as recorded in Plat Book 3, Page 93,
of the Public Records of Collier County, Florida.
17.B.a
Packet Pg. 2093 Attachment: Proposed Resolution - PL20230013038 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
[23-EIS-04902/1836706/1] Page 2 of 2
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the 13th day of February 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
_____________________________ By: ________________________________
Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
_____________________________
Derek D. Perry
Assistant County Attorney
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor,
Development Review Division.
Attachments:
1) Exhibit “A” – Sketch and Legal Description
2) Exhibit “B” – Location-Site Map
3) Exhibit “C” – Proposed Stormwater Management Plan
1/9/2024CAO
17.B.a
Packet Pg. 2094 Attachment: Proposed Resolution - PL20230013038 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
CAO
17.B.a
Packet Pg. 2095 Attachment: Proposed Resolution - PL20230013038 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
DAVIS BOULEVARDNAPLESAIRPORTTAMIAMI TRAIL (U.S. 41)BAYSHORE DRIVE
THOMASSON(S.R. 84) LANEPARKBROOKSIDEVERDELAGOST. PETER'SCHURCHCATHOLICCRICKETPINEBROOKLAKELAKELAKE AVALONPARKCOMMUNITYE. NAPLESSABAL BAYWINDSTARYACHTCLUBSOUTHPOINTESABALBAY
AIRPORTPLAZAESTATEGALLMANPONTIACDEVOEHAMILTONHARBORHAMILTONHARBORBOTANICALGARDENNAPLESBOTANICALPLACE(DRI)GOVT.COLLIER COUNTYCOMPLEX(DRI)SOLSTICELAKESLEAWOODKINGS LAKERIDGEFOXFIRERADIOWESTVIEWPLAZASUMMERWOODREGENCYSQUARENORTHPARKWINTERWINTER PARKARMYSALVATIONENTRYLEVELSPRINGWOODAUTOHAUSVORNADOSABAL BAYKELLERLIEBIGLOCHDRIVEVILLAGEMERIDIANSHADOWSCOURTHOUSEGrowth Management Department2800 North Horseshoe Drive, Naples Florida 34104Development Review DivisionMarcus L. Berman P.S.M.Professional Surveyor & Mapper LS 5086County Land SurveyorNOT TO SCALEPrepared by:EASEMENTVACATEDPROJECTLOCATIONBEING23456789101112131415161718192021222324LUNAR STREETFULL MOON COURT PARKL A K E
L A
K
EH:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Lake Kelly\VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20 Loc-Site Map.dwg, 1/2/2024 12:14:31 PM, MarcusBermanCAO17.B.aPacket Pg. 2096Attachment: Proposed Resolution - PL20230013038 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 &
EXHIBIT "C"EXHIBIT "C"CAO17.B.aPacket Pg. 2097Attachment: Proposed Resolution - PL20230013038 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 &
17.B.b
Packet Pg. 2098 Attachment: Vacation application (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.b
Packet Pg. 2099 Attachment: Vacation application (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.b
Packet Pg. 2100 Attachment: Vacation application (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.c
Packet Pg. 2101 Attachment: Property Ownership Disclosure Form (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.c
Packet Pg. 2102 Attachment: Property Ownership Disclosure Form (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.c
Packet Pg. 2103 Attachment: Property Ownership Disclosure Form (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.d
Packet Pg. 2104 Attachment: LONO CC Stormwater Approval Letter (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.d
Packet Pg. 2105 Attachment: LONO CC Stormwater Approval Letter (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.d
Packet Pg. 2106 Attachment: LONO CC Stormwater Approval Letter (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2107 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2108 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2109 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2110 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2111 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.e
Packet Pg. 2112 Attachment: Greater Naples Fire LONO (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.f
Packet Pg. 2113 Attachment: Plat of Lake Kelly Unit 2 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
PrEpaBd by end ,!tum to:
Tr.nsporlilbo Engin€€dng " Row
26E5 lio.!4no6 Drivt S
N.pl'*, Flo.ide 34104
Isoece above for llcod,no datEl
PROJECTT 90000
PARCEL. 217DAE, 217CONV
FOLIO: 53350600000
DRAINAGE AND ACCESS EASEMENT
THIS EASEMENT is granted this -L day ol *vEr&q 2023, by TREVOR TEDESCHI, a
single person, whose mailing address is 4608 Normandy Drive. Naples, FL 34112 (hereinafter,
"Grantor"). in favor of COLLIER COUNTY, a political subdivision ol the State of Florida, whose
mailing addross is 3299 Tamiama Trail Easl, do the Office of lhe County Attomey, Suite 80O,
Naples, FL 341 12 (hereinalter,'Grantee").
(wrerever used herein lh€ lsms "Granbr and "Grant€e" include all lhe parlies to this inslrument and thek
respective heirs.legalrep/esenlalives, srrccessors, and assigns. Granlorand Grantee arc used ior singularor plural,
as the conlelt requires.)
RECITALS
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 5691,
Page 240, Public Records of Collier Counly, Florida.
B. Grantee desires lo obtain an easement over, under, upon and across a portion of
Grantor's property
NoW THEREFoRE, in considerataon of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknor',ledged,
Grantor hereby grants to Grantee a perpetual. non-exclusive drainage and access easement (the
"Easement') encumbering the portion of Grantor's property described on Exhibit 'A' attached
hereto (the'Easement Area').
The Easement shall be for drainage and access purposes and includes the right to enter
upon the Easement Area to a) construct, operate. maintain, repair, replace and remove canals,
pumps, underground pipes, ditches, swales, earthen berms. rip-rap, retaining walls and other
retaining systems, inigation lines, lighting and other eleclrical facilities, and allothertypes ofwater
eontrol and related structures and facilities at County's sole discretion, with County having no
obligation or responsibility for maintenance; (and b) place, excavate. use, 6tore, plant. remove
and dispose of soil, trees, landscaping, and other materials and improvements. including the
removal and disposal of any and all property, real and/or personal, not owned by Grantee to the
extent it interferes with Grantee s rights hereunder, wilhout liability to the owner of such prop€rty;
all as deemed necessary or appropriate from time to time by Grantee.
The easement rights granted to Grantee are subject to existing easements, restrictions,
reseNations, and other matters of record, if any. This Easement constitutes an easement
'running with the land" and shall inure to the benefit ot Grantee and be binding upon Grantor and
Grantor's successors-in-title
Grantor represents that Grantor's property is not homestead property, nor is it contiguous
thereto.
cao
1
17.B.g
Packet Pg. 2114 Attachment: Drainage and access easement (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
lN WTNESS WHEREOF, Grantor has executed this instrument on the day and year llrst
above written.
VVitnesses:
TREVOR TEDESCHI
Printed
SS 2)S
t
Printed Name
Address 21 o--N +l or9sl*:
Q\( t
The foregorng rnstrument was acknowledged hetore me by means of ffihysrcal presence
or fl onlrne notarEation this 7 day ol NcU(rt+rf2023, by TREVOR IEDESCHI, a single
pe6n. who: --r--
_ is personally known to me;
A SrL** 4 a driver's ticense, oR E
STATE OF FLORIDA
COUNTY OF COLLIER
(affix notadal seal above)
Approved as to form and legality:
DEREK D, PERRY, ESQ.
Assistant County Attorney
Serial/mission # (if
My Commission Expires "nut,
l/H 3 L, )L o\-
t;/ry/ ',,1-
as identification
d#.fh rrYsHEEtAIt
'*#i ffi1ltr
S lrc
2
%
s/,te inz-n
17.B.g
Packet Pg. 2115 Attachment: Drainage and access easement (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
\!,SKETCH OF LEGAL DESCRIPTION
P@oatu Add.ass:@!@J.s Flc,od Zone lotomanan
Cmtunt N!,,t* lrotbz
Fl@dZ@:AE AFE r NAV.o lgAClll,\( t MAIIK
Legd O.suioo:
Ld, 19 dn 20. Unn 2, lrl<E KELLY @dt g b OE
fii id@t B @rbd i1 tu a@e 3, P,* (.) 93. ot
oE tt* ll@rb ol cdla cdrl, Pdta. toc.td
dlh a tz Ads It D @ce ead@* M ir Sain
t2 tut d.d Ld t9, @ @lbtbtt &sr,.d8TE-ROW
10119123
BrCnia, tD Sd,tt,Ec ffi o, stxt Lot ts tu
tldlh ,|qo u. w$t nE ol Ld 19, . dEtM al 12 ao
,ac ngna t@ Ent oaalhl wilh uE S@th lt$ ol Lol
10, t dLtad d l@.@ b.t b ut Edt kr ot L.l 19:thtu M sdlth ddtq 0D Eat frn ol Lot 19, .
d6t@ .l 12.00 tu b 0t SdrdDBt @ ot Lot 19,IBEM l|d,R g Esa/d\bb. Lot19..
didr@ d ,00.00 Ld rD tE pott! ot baokinl
AEARINGS SHAWN HEREON ARE
ASEO UPA A PUT.EO BEARING OF
NORIH FOR fHE CEN1ERLINE OF
FULL UU)N CaURt .n' /
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P.O.B.sET 12'WEST 100.00'P. sEr tE'
l.R LA75A2
LOT 18
UNIT 2
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PROPOSFD 12'A E !Of
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UNIT2
(VACANT)
EAS| 100.1n' D.
,NOT A SURVEY'
THIS IS A SKETCH TO ACCOMPANY A LEGAL
DESCRIPT'ON
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Xenneth Sanio ff?,Xf,?II;iH. i ll"
KENNETH SARRIOMssiaC Sutu€tat and Msppe.
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17.B.g
Packet Pg. 2116 Attachment: Drainage and access easement (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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:
48,972
$456.77
Please Pay
Please Pay
$0.00
$0.00
BAYSHORE BEAUTIFICATION
If Paid By
If Paid By
C.C. WATER POLLUTION CTRL PGM
$134.62
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
CONSERVATION COLLIER
SCHOOL BOARD - STATE LAW
12/20/2022
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
23,972
82
82
23,972
3.5645
2.2110
2.2480
0.0948
0.0978
1.5000
0.8069
0.1154
0.1609
Dec 31, 2022
Dec 31, 2022
0.0293
23,972
23,972
Solid Waste -
Decreased
Solid Waste -
Decreased
23,972
23,972
23,972
23,972
23,972
Corrected
Corrected
23,972
23,972
23,972
WWW-23-00384504
Error and Insolvency
Error and Insolvency
134.62
443.07
53350600000
53350600000
LAKE KELLY UNIT 2 LOT 20
LAKE KELLY UNIT 2 LOT 20
Trevor Tedeschi
56.58
5.99
85.45
0.2500
2.3604
TEDESCHI, TREVOR
4608 NORMANDY DR
NAPLES, FL 34112
TEDESCHI, TREVOR
4608 NORMANDY DR
NAPLES, FL 34112
19013 District 1 Garbage
13.4390
19.34
Receipt #
35.96
3.86
Pay your current taxes online at:
http://www.colliertaxcollector.com/
2.77
53.89
53.00
2.34
2.27
25,000
25,000
Paid By
0.70
48,972
48,972
25,000
48,972
25,000
48,972
25,000
48,972
48,972
48,972
48,972 25,000
25,000
25,000
25,000
25,000
25,000
25,000
48,972
$322.15
48,972
48,972
Homestead
48,972
17.B.h
Packet Pg. 2117 Attachment: 2022-Paid Annual-bill (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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
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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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p1,L14
V rN
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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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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)
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Packet Pg. 2121 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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. 2122 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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. 2123 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment"A" 20-EIS-04338/1574837/5]
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Packet Pg. 2124 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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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. 2125 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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. 2126 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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. 2127 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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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j .
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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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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. 2130 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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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17.B.i
Packet Pg. 2131 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
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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17.B.i
Packet Pg. 2132 Attachment: Resolution 2021-243 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.j
Packet Pg. 2133 Attachment: legal ads - agenda ID 27684 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.j
Packet Pg. 2134 Attachment: legal ads - agenda ID 27684 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)
17.B.j
Packet Pg. 2135 Attachment: legal ads - agenda ID 27684 (27684 : VAC-PL20230013038 Lake Kelly U2 Lots 19 & 20)