Agenda 03/26/2024 Item #16A 5 (Resolution - Right of way Easement PL20240000788)03/26/2024
EXECUTIVE SUMMARY
Recommendation to adopt a resolution to hold a public hearing on April 9, 2024 to consider vacating four
30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504, Official
Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of
the Public Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and
lying south of Immokalee Road (CR-846) in Section 28, Township 48 South, Range 26 East, Collier County,
Florida. (PL20240000788)
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 four 30 -foot-wide public road right-of-way
easements, as described in Official Record Book 70, Page 504, Official Record Book 90, Page 487, Official Record
Book 111, Page 129, and Official Record Book 172, Page 596, 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 30-foot-wide public
road right-of-way easements, as described in Official Record Book 70, Page 504, Official Record Book 90, Page
487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of the Public Records of
Collier County, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida.
This vacation is to remove the road right-of-way easements to allow the Cleary RPUD to be developed and provide one
access point for the Cleary RPUD and adjacent property to the west. Joint access with the adjacent property would
make for safer traffic movements onto and from Immokalee Road. The properties are currently zoned Cleary
RPUD and A, Agricultural.
Collier County appears to never have accepted nor maintained the four road right -of-way easements. They were
added to a deed to allow other parcels to access through the subject parcels. A turn lane will be provided to allow
for safe access.
Pursuant to Florida Statutes section 336.09(2) and Resolution 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 easements].” If the proposed resolution is adopted, the hearing will take place on April 9,
2024.
Additionally, the hearing will be advertised in a local paper of general circulation pursuant to Florida Statutes
section 336.10 and Resolution 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: No growth management plan impact is 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 to hold a public hearing on April 9, 2024 to consider vacating the
four 30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504, Official
Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of the
Public Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and lying
south of Immokalee Road (CR-846) in Section 28, Township 48 South, Range 26 East, Collier County, Florida.
(PL20240000788)
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
16.A.5
Packet Pg. 656
03/26/2024
ATTACHMENT(S)
1. Resolution - 031424(2) (PDF)
2. Application (PDF)
3. Affidavit of Authorization Q Grady Minor (PDF)
4. Affidavit of Authorization Roers Naples Appartments (PDF)
5. Property Ownership Disclosure Form (PDF)
6. LONO Email - CC Stormwater Mgmt 20221129 (PDF)
7. LONO Comcast (PDF)
8. LONO Greater Naples Fire Rescue District (PDF)
9. LONO Lumens (PDF)
10. LONO Sheriffs Office (PDF)
11. LONO FP&L (PDF)
12. LONO TECO Gas (PDF)
13. OR Book 70 page 504 (PDF)
14. OR Book 90 page 487 (PDF)
15. OR Book 111 page 129 (PDF)
16. OR Book 172 page 596 (PDF)
17. 2023 Paid Tax Receipts (PDF)
18. Resolution 2021-243 (PDF)
16.A.5
Packet Pg. 657
03/26/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 28366
Item Summary: Recommendation to adopt a resolution to hold a public hearing on April 9, 2024 to consider
vacating four 30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504,
Official Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596,
of the Public Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and
lying south of Immokalee Road (CR-846) in Section 28, Township 48 South, Range 26 East, Collier County,
Florida. (PL20240000788)
Meeting Date: 03/26/2024
Prepared by:
Title: County Surveyor – Development Review
Name: Marcus Berman
03/15/2024 10:45 AM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
03/15/2024 10:45 AM
Approved By:
Review:
Unknown Jaime Cook Division Director Completed 03/15/2024 11:42 AM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
03/15/2024 4:53 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
03/15/2024 6:19 PM
Development Review Brett Rosenblum Other Reviewer Completed 03/16/2024 1:26 PM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 03/18/2024 6:58 AM
Operations & Regulatory Management Michael Stark Other Reviewer Completed 03/18/2024 1:40 PM
Road Maintenance Marshal Miller Other Reviewer Completed 03/19/2024 1:08 PM
Transportation Management Services Department Trinity Scott TMSD Reviewer Completed
03/20/2024 10:26 AM
Growth Management Community Development Department James C French Growth Management Completed
03/20/2024 2:34 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/20/2024 3:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/20/2024 4:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2024 4:02 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/20/2024 4:24 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/20/2024 5:04 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM
16.A.5
Packet Pg. 658
RESOLLTTIoN NO.2024 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DECLARE A PUBLIC HEARING TO DISCLAIM,
RENOUNCE, AND VACATE THE COUNTY AND PUBLIC
INTEREST IN VACATING FOUR 3O.FOOT.WIDE PUBLIC
ROAD RIGHT-OF-WAY EASEMENTS, AS DESCRIBED IN
OFFICIAL RECORD BOOK 70, PAGE 504, OFFICIAL
RECORD BOOK 90, PAGE 487, OFFICIAL RECORI)
BOOK II1, PAGE I29, AND OFFICIAL RXCORD BOOK
I72, PAGE 596, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED APPROXIMATELY IO5O
FEET EAST OF LOGAN BOULEVARD AND LYING
SOUTH OF IMMOKALEE ROAD (CR-846), IN SECTION
28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
couNTy, FL0RTDA. [PL202400007881
WHEREAS, Petitioner, Michael J. Delate. P.8., of Q. Grady Minor & Associates, P.A.,
on behalf of the property owner, has requested that a public hearing be held pursuant to
Resolution No. 2021-243, to consider disclaiming. renouncing, and vacating the County and
Public interest in three 3O-foot-w-ide public road right-of-way easements, as described in Official
Record Book 70, Page 504. Official Record Book 90. Page 487, Offrcial Record Book I I l, Page
129, and Official Record Book 172, Page 596, ol'the Public Records of Collier County, located
in Section 28, Township 48 South, Range 26 East, Collier County, Florida- being more
specifically shown in Exhibit "A", attached hereto and by reference incorporated herein; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming. renouncing, and vacating the County's interest in the
above righrof-wayl and
WHEREAS, the granting of the Petitioner's request will not adversely affect the
ownership or right of convenient access of property owners nor invade or violate individual
property rights.
NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that. pursuanl to Resolution No.
2021-243. in a regular session ol' the Board ol County Commissioners. a public hearing to
consider disclaiming, renouncing and vacating the County's interest in the above described righl
of-way easements will be held on the 9th day ofApril,2024. al9:00 a.m.. or as soon thereafter as
practical, in the Boardroom, 3'd Floor, Administration Building. Collier County Govemment
Clenter, 3299 'l'amiami 'l'rail East, Naples. Florida.
[2'l-Ers-04984i r 852 r 07i r ]Page I of2
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16.A.5.a
Packet Pg. 659 Attachment: Resolution - 031424(2) (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 26th day'of March 2024.
ATTEST:
C]RYSTAL K. KINZEL. CLERK
By:
Deputy Clerk
Approved as to form and lcgalitx-:
Derek D. Perr1.
Assistant Countv Attomev
Attachments:
Exhibit ''A'' - Sketch and Lcgal Description
Exhibit ''B'' - Location-Site Map
BOARD OF COLTNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Clhris Hall. Chairman
[24-EI5-04984/l 8521 07/t ]Page 2 of 2
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16.A.5.a
Packet Pg. 660 Attachment: Resolution - 031424(2) (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
EXHIBIT ,,A,,
vAC- PLz0240000?88
SKETCH OF DESCRIPTION
PART OF THE NW t/4 OF SECTION 28. T-48-S, R-26-E
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Packet Pg. 661 Attachment: Resolution - 031424(2) (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
EXHIBIT "A"
Legal Description of part of Section 28, Township 48 South, Range 26 East,
Collier County, Florida.
(30-foot-wide road right-of-way easements)
All that part of Section 28, Township 48 South, Range 26 East, Collier County,
Florida being more particularly described as follows.
The 30-foot-wide public road right-of-way easements, as described in Ofiicial Record
Book 70, page 504, Official Record Book 90, page 487, Official Record Book 111, page
129 and Official Record Book 172, page 596, of the Public Records of Collier County,
Florida, located approximately 1050 feet east of Logan Boulevard and lying south of
lmmokalee Road (CR-846) in Section 28, Township 48 South, Range 26 East, Collier
County, Florida.
Subject to Easements and Restrictions of Record
Date. 03112/2024
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Page I of I
16.A.5.a
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noa a:,r'r'roc !46 u'a16.A.5.aPacket Pg. 663Attachment: Resolution - 031424(2) (28366 : VAC-PL20240000788 John Michael Road to set a hearing
16.A.5.b
Packet Pg. 664 Attachment: Application (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.b
Packet Pg. 665 Attachment: Application (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.b
Packet Pg. 666 Attachment: Application (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.c
Packet Pg. 667 Attachment: Affidavit of Authorization Q Grady Minor (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.c
Packet Pg. 668 Attachment: Affidavit of Authorization Q Grady Minor (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.c
Packet Pg. 669 Attachment: Affidavit of Authorization Q Grady Minor (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.cPacket Pg. 670Attachment: Affidavit of Authorization Q Grady Minor (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.dPacket Pg. 671Attachment: Affidavit of Authorization Roers Naples Appartments (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.d
Packet Pg. 672 Attachment: Affidavit of Authorization Roers Naples Appartments (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 1 of 3
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
N.A.
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership Oakwood Park West, LLC, 2170 Logan Blvd. North, Naples, FL 34119 Cullen Z. Walker, Manager (Ownership Interest) 100
Roers Naples Apartments II LLC, Two Carlson Parkway, Suite 400, Plymouth, MN 55447 Roers Naples Manager II LLC, Manager Roers Companies Project Holdings LLC, Manager Brian Roers – 50% owner Kent Roers – 50% owner
100 100 100
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
PROPERTY OWNERSHIP DISCLOSURE FORM
16.A.5.e
Packet Pg. 673 Attachment: Property Ownership Disclosure Form (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 2 of 3
Name and Address % of Ownership
N.A.
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
N.A.
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
N.A.
g. Date subject property acquired 2008 and 2023
Leased: Term of lease years /months
16.A.5.e
Packet Pg. 674 Attachment: Property Ownership Disclosure Form (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 3 of 3
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: N.A. , or
Anticipated closing date: N.A.
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
February 26, 2024
Agent/Owner Signature Date
Michael J. Delate, P.E.
Agent/Owner Name (please print)
AFFIRM PROPERTY OWNERSHIP INFORMATION
16.A.5.e
Packet Pg. 675 Attachment: Property Ownership Disclosure Form (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
From: OrthRichard <Richard.Orth@colliercountyfl.gov>
Sent: Tuesday, November 29, 2022 2:36 PM
To: Jeremiah DeForge <JDeForge@gradyminor.com>
Cc: RomanDaniel <Daniel.Roman@colliercountyfl.gov>
Subject: Stormwater Management Section LONO for Logan Towns (VAC) PL20220006402
Dear Mr. DeForge,
Please allow this e-mail letter to serve as notification that Collier County Stormwater Management Section does not
object to the request to vacate the 30’ existing road easement as depicted in the attached documents and other
supporting documents submitted under Collier County vacation application PL20220006402. This Letter of No Objection
is based on the premise that a replacement road easement will be provided on the parcel to allow an internal public
transportation connection to the adjacent development(s). Please let our program know if any additional assistance is
needed in completing this easement road vacation.
Sincerely,
Rick Orth
Richard Orth, P.G., Sr. Environmental Specialist
Collier County Transportation Management Services Department
Capital Project and Impact Fees Program Management
Stormwater Management Section
2685 South Horseshoe Drive, Ste 103, Naples, FL 34104
Office 239-252-5092, Cellular 239-634-9024
RichardOrth@CollierGov.Net
From: Jeremiah DeForge <JDeForge@gradyminor.com>
Sent: Wednesday, November 09, 2022 3:39 PM
To: OrthRichard <Richard.Orth@colliercountyfl.gov>
Cc: Michael Herrera <MHerrera@gradyminor.com>
Subject: Logan Towns (VAC) PL20220006402
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Richard – I’m following up with our phone conversation regarding the LONO from Stormwater Management. Please let
me know if you have any other questions or need additional information to complete.
Thanks, JD
Jeremiah DeForge, P.E.
Project Manager
3800 Via Del Rey
Bonita Springs, FL 34134
Phone - 239.947.1144
Fax - 239.947.0375
Web - http://www.gradyminor.com
Please consider the environment before printing this email
DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may
contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for
informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified "plan of record" along with actual project site
16.A.5.f
Packet Pg. 676 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or
damages caused by receiving this email.
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.5.f
Packet Pg. 677 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
GradyMinor
Civil Engineers ● Land Surveyors
Planners ● Landscape Architects
ZZZGradyMinorcoP
LOGAN TOWNS
EASEMENT EXHIBIT
0 60'30'
SCALE: 1" = 60'
LONGSHORE
LAKES
Interstate - 75Logan BlvdIMMOKALEE RD
IMMOKALEE ROAD (CR 846)(PUBLIC RIGHT OF WAY)EMERSYN WAY
(PRIVATE ROW)
LAKE
LOCATION MAP
NTS
16.A.5.f
Packet Pg. 678 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael
SITE DATAACRESSQ. FT.%TOTAL SITE AREA=8.99391,757100.0IMPERVIOUS4.23184,22747.0 BUILDING(s)=1.9484,47521.6 PAVEMENT (W/CURB)=1.9986,68422.1 LAKE0.3013,0683.3PERVIOUS=4.76207,53053.0 OPEN SPACE=3.69160,91741.1 PRESERVE=1.0746,61311.9GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380040'80'20'SCALE: 1" = 40'4-UNIT TOWNHOMEBUILDING-18-UNIT TOWNHOMEBUILDING-28-UNIT TOWNHOMEBUILDING-38-UNIT TOWNHOMEBUILDING-48-UNIT TOWNHOMEBUILDING-78-UNIT TOWNHOMEBUILDING-88-UNIT TOWNHOMEBUILDING-95-UNIT TOWNHOME
BUILDING-5
6-UNIT TOWNHOME
BUILDING-6
PRESERVE AREA1.07 ACZONING: AUSE: VACANTGENERAL NOTES:ROADWAY SIGNING AND MARKING NOTESCROSS WALK DETAILSTOP SIGN (R1-1)N.T.S.NOTESSTOPTYPICAL SIGN ELEVATIONN.T.S.LAKEAREA = 0.30 ACDRY DETENTION AREALIFTSTATIONIMMOKALEE ROAD (CR 846)(PUBLIC RIGHT OF WAY)SATURNIA LAKES BLVD(PRIVATE RIGHT OF WAY)ZONING: SATURNIA LAKES (RIGAS PUD)USE: RESIDENTIALZONING: SATURNIA LAKES (RIGAS PUD)
USE: RESIDENTIALUNIT101UNIT102UNIT103UNIT104UNIT201UNIT202UNIT203UNIT204UNIT205UNIT206UNIT207UNIT208UNIT302UNIT301UNIT303UNIT304UNIT305UNIT306UNIT307UNIT308UNIT401UNIT402UNIT403UNIT404UNIT405UNIT406UNIT407UNIT408UNIT908UNIT907UNIT906UNIT905UNIT904UNIT903UNIT902UNIT901UNIT808UNIT807UNIT806UNIT805UNIT804UNIT803UNIT802UNIT801UNIT708UNIT707UNIT706UNIT705UNIT704UNIT703UNIT702UNIT701UNIT
606
UNIT
605
UNIT
604
UNIT
603
UNIT
602
UNIT
601
UNIT
505
UNIT
504
UNIT
503
UNIT
502
UNIT
501HIGH EMPHASIS CROSS WALK DETAILEND OFSIDEWALKEND OF SIGNN.T.S.PARALLEL PARKING DETAIL123456789101112131415161718192021222324252627293031323334353637383940414243444546474849505152535455565758596061626328SEE SHEET 12 FOR TURNLANE IMPROVEMENTS
EMERSYN WAY(PRIVATE ROW)SOLID WASTE AND REFUSE16.A.5.fPacket Pg. 679Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
March 23, 2022
Mr. D. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
RE: PUD Minor Change, Cleary RPUD, PMC-PL20220001598
Mr. Arnold,
This letter is in response to your application submitted on or about March 2, 2022, for
administrative approval of a minor refinement to the adopted Cleary RPUD Master Plan
pursuant to Section 10.02.13.E.3.b of the Land Development Code (LDC). The proposed
change is as follows:
1. Move the conceptual access location on Immokalee Road approximately 200 feet to the
east as the current location does not allow sufficient room for the minimum required length of
a turn lane. Moving the access point to the east will allow the turn lane to be located on the
Cleary RPUD property without conflict.
From the information shown on the Revised PUD Master Plan, last revised February 10,
2022, it is the opinion of staff that the proposed minor refinement is consistent with the
Collier County Growth Management Plan and with the criteria contained in the LDC citation
noted above allowing administrative approval of minor changes to an approved Master Plan.
Therefore, I have approved the requested minor revision as noted above. This administrative
approval does not relieve the project from compliance with all applicable federal, state, and
local regulations and procedures.
A copy of this letter and the attached Cleary RPUD Revised Master Plan will be filed with
the adopted PUD documents. You may wish to have this letter and the attached Revised PUD
Master Plan recorded in the official records of Collier County as a permanent record of this
administrative approval.
If you need further information or assistance, please contact Eric Ortman at 239-252-1032 or via
email at Eric.Ortman@colliercountyfl.gov.
Sincerely,
Raymond Bellows
Zoning Manager
Attachments:
1. Current Cleary RPUD Master Plan
2. Cleary RPUD Master Plan, revised February 10, 2022
cc: Eric Ortman, Principal Planner
Laurie Beard, PUD monitoring
16.A.5.f
Packet Pg. 680 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
N
IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY
20'WIDE TYPE'D'LANDSCAPE BUFFER
0 5a nio
SCALE:1"=100'
7rT/
2--/r•(r 1 - r l
POTENTIAL G rr rr rr rr rr rr I 1rrrrrr TRACT"OS15" 1
INTERCONNECTION r r r r , r r rIir/,r/,r/,r/,rl,rl.r I I (OPEN SPACE, 1
WATER MANAGEMENT 1 I D.E.ANDA.E)
I'(r'(r'r'(,
r/,r,r
r r r r 15'WIDErrr / TYPE'B' 7...
4
I
I'''
rrr rrr rrr /LANDSCAPE
BUFFER IrrrI1rrrrrrrrrrrrr - 1
SATURNIA LAKES
I L.B.E.
I /
PB3615'
PG56)
CONCEPTUAL I - /(
RESIDENTIAL I
SITE DATA
C BUILDING
r
TOTAL SITE AREA: 8.9%AC
I
MULTI-FAMILY AND I 1
RESIDENTIAL 5.36±AC 1GRUPOI
PRESERVE 1.07±AC
HOUSITMPE300'WIDE
I 1WATERMANAGEMENT1.0±AC
BUFFERS/OPEN SPACE 1.56±AC I LANDSCAPEBUFFER I
SINGLE FAMILY-15' 1 1
WIDE TYPE'B' i
LANDSCAPE BUFFER I I
PUD BOUNDARY I I D
I I l z C
ZONED:A I I I D
m 2 RIGAS PUD
UNDEVELOPED I 11 I 1.:13r- RESIDENTIAL
10'WIDE TYPE'A' CONCEPTUAL I I I m m
LANDSCAPE BUFFERI RESIDENTIAL I i O 83""
BUILDING 1 m in
y
1
II >
0
I I 0 m
I I
MAXIMUM DWELLING UNITS: 63 I I
MAXIMUM GROUP HOUSING UNITS: 200
MAXIMUM DENSITY: 7 DU/AC I I 1
PRESERVE:
REQUIRED-1.07±ACRES(7.13±ACRES NATIVE
I
I
CONCEPTUAL I I '
VEGETATION X 15%p)
I
RESIDENTIAL BUILDING I i
PROVIDED-1.07±ACRES 1.1-
1\---
PUD\ BOUNDARY
OPEN SPACE:REQUIRED PROVIDED I I
RESIDENTIAL: 5.4±AC(60%) 5.4±AC(60%)
GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%)
I
I I \
I \ SATURNIA LAKES
I
I 15'L.B.E.
PB36 PG57)
I
WWWWWW
W . . WW . W . . W
NOTES W
W
W
W * W
W *PRESERVE
W W I
15'WIDE ‘
1. PRESERVES MAY BE USED TO SATISFY THE TYPE'8' \
LANDSCAPE BUFFER REQUIREMENTS AFTER . .. . . . . .
I
LANDSCAPE \
EXOTIC REMOVAL IN ACCORDANCE WITH LDC . * . W . . BUFFER \
SECTION 4.06.02 AND LDC SECTION 4.06.05.E.1. _ . _
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT APPROX.
MATERIALS SHALL BE IN ACCORDANCE WITH LDC RIGAS PUD DISCHARGE
SECTION 3.05.07. A MINIMUM 6-FOOT WIDE RESIDENTIAL LOCATION
LANDSCAPE BUFFER MUST BE RESERVED FOR SATURNIA LAKES PLAT ONE
ADDITIONAL LANDSCAPE MATERIAL WHICH PB 36,PG 56-65)15'WIDE TYPE'B'
0 1SHALLBEADDEDOUTSIDEOFTHEPRESERVETRACT515" LANDSCAPE BUFFER i
ON THE DEVELOPMENT SIDE TO ACHIEVE THE OPEN SPACE,D.E.ANDA.E.)
80% OPACITY REQUIREMENT WITHIN 6 MONTHS
OF THE ISSUANCE OF THE FIRST CERTIFICATE
OF OCCUPANCY.
LEGEND CLEARY RPUD
RCM&
GradyMinor M„.,,, . :"°
REVISED
EXHIBIT C 10/10/2017ISEDI.I.
cnii enge,ccn rand surecwre • panne, ranauapc trcm[ccc MASTER PLAN CY
a."RRv. ,9.Rir 119<
Y,'
x"v..,a, ..,,, .. eav w wan 1 of 1
2u cuAFlRFS\Ft/MMM,w-PLANNING\CPR.-CLEAR?PROP.,P ONE ca20I6000I085)\onvn*S\ewz MET c MCA,MC 10n0/2017 10•.17 00
16.A.5.f
Packet Pg. 681 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
SATURNIA LAKES
15' L.B.E.
(PB36 PG56)
TRACT "OS15"
(OPEN SPACE,
D.E. AND A.E.)SATURNIA LAKES PLAT ONE(PB 36, PG 56-65)SATURNIA LAKES BOULEVARDSATURNIA LAKES PLAT ONE
(PB 36, PG 56-65)
TRACT "OS15"
(OPEN SPACE, D.E. AND A.E.)
ZONED: A
UNDEVELOPED
SATURNIA LAKES
15' L.B.E.
(PB36 PG57)
MULTI-FAMILY AND
GROUP
HOUSING - 30' WIDE
TYPE 'B'
LANDSCAPE
BUFFER
SINGLE FAMILY - 15'
WIDE TYPE 'B'
LANDSCAPE BUFFER
PUD BOUNDARY
RIGAS PUD
RESIDENTIAL
IMMOKALEE ROAD (CR846) 100' RIGHT-OF-WAY
10' WIDE TYPE 'A'
LANDSCAPE BUFFER
PRESERVE
RIGAS PUD
RESIDENTIAL
PUD BOUNDARY
APPROX.
DISCHARGE
LOCATION
15' WIDE
TYPE 'B'
LANDSCAPE
BUFFER
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
15' WIDE
TYPE 'B'
LANDSCAPE
BUFFER
WATER
MANAGEMENT
CONCEPTUAL
RESIDENTIAL BUILDING
CONCEPTUAL
RESIDENTIAL
BUILDING
CONCEPTUAL
RESIDENTIAL
BUILDING
20' WIDE TYPE 'D' LANDSCAPE BUFFER
0 100'50'
SCALE: 1" = 100'
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
MAXIMUM DWELLING UNITS:63
MAXIMUM GROUP HOUSING UNITS:200
MAXIMUM DENSITY:7 DU/AC
PRESERVE:
REQUIRED - 1.07± ACRES (7.13± ACRES NATIVE
VEGETATION X 15%)
PROVIDED - 1.07± ACRES
OPEN SPACE:REQUIRED PROVIDED
RESIDENTIAL: 5.4± AC (60%)5.4± AC (60%)
GROUP HOUSING:2.7± AC (30%)2.7± AC (30%)
NOTES
1.PRESERVES MAY BE USED TO SATISFY THE
LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC REMOVAL IN ACCORDANCE WITH LDC
SECTION 4.06.02 AND LDC SECTION 4.06.05.E.1.
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT
MATERIALS SHALL BE IN ACCORDANCE WITH LDC
SECTION 3.05.07. A MINIMUM 6-FOOT WIDE
LANDSCAPE BUFFER MUST BE RESERVED FOR
ADDITIONAL LANDSCAPE MATERIAL WHICH
SHALL BE ADDED OUTSIDE OF THE PRESERVE
ON THE DEVELOPMENT SIDE TO ACHIEVE THE
80% OPACITY REQUIREMENT WITHIN 6 MONTHS
OF THE ISSUANCE OF THE FIRST CERTIFICATE
OF OCCUPANCY.
REVISED
02/10/2022
SITE DATA
TOTAL SITE AREA:8.99± AC
RESIDENTIAL 5.36± AC
PRESERVE 1.07± AC
WATER MANAGEMENT 1.0± AC
BUFFERS/OPEN SPACE 1.56± AC
16.A.5.f
Packet Pg. 682 Attachment: LONO Email - CC Stormwater Mgmt 20221129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
September 6, 2023
Attn: Sharon Umpenhour
RE: Request for No Objection for an Easement Vacation
Parcel Number 00195080003 (Cleary Parcel) and Parcel Numbers 00195360008 and
00195600001 (Oakwood Park West LLC Parcels)
Dear Catherine,
Thank you for contacting Comcast regarding your proposed vacation. This is to inform
you that Comcast does have facilities in the proposed area and Comcast has no objection to the
vacation providing that any of Comcast facilities that are in need of being relocated be paid for
by the customer and Comcast is granted new easements.
It is the intent and understanding of Comcast that this Vacation shall not reduce our
rights to any other existing easement or rights we have on this site or in the area. This vacation
response is submitted WITH THE STIPULATION that if Comcast facilities are found and/or
damaged within the vacated area as described, the Applicant will bear the cost of relocation and
repair 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.5.g
Packet Pg. 683 Attachment: LONO Comcast (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.hPacket Pg. 684Attachment: LONO Greater Naples Fire Rescue District (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
September 6, 2023
Sharon Umpenhour
Senior Planning Technician
Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
RE: No Objection for an Easement Vacation
Parcel Number 00195080003 (Cleary Parcel) and Parcel Numbers 00195360008 and
00195600001 (Oakwood Park West LLC Parcels
Dear Sharon,
In response to your request to vacate easement (PL#20220001513), 7576 Immokalee Road
(Parcel #00195080003), Naples, FL 34119, a 30’ wide easement for a future road and
utilities located perpendicular to Immokalee Road, approximately 0.25 mile from the Logan
Blvd intersection, 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 50-pair buried and aerial copper cable running south
from Immokalee Road on this property, as well as multiple buried fiber and copper cables (1-
200 pair copper cable, 2-300 pair copper cables, 1-10 fiber optic cable, 1-48 fiber optic cable,
and a 96-fiber optic cable) paralleling Immokalee Road in the south right-of way/utility
easement (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.5.i
Packet Pg. 685 Attachment: LONO Lumens (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.j
Packet Pg. 686 Attachment: LONO Sheriffs Office (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
A NEXTera ENERGY Company
March 18, 2024
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, FL, 34134
Dear Grady Minor,
This letter is in response to your request for the release of a 30’ wide easement for a
future road and utilities located perpendicular to Immokalee Road approximately
0.25 mile from the Logan Blvd intersection.
In meeting with your request, FPL has no objection to releasing our rights in the road
right-of-way known as “John Michael Road” on parcel no. 00195360008, parcel no.
00195080003, parcel no. 00195600001 and parcel no. 00194920009.
The release is restricted to the easements described in OR 111, Page 129, OR 90,
Page 487, OR 172 Page 596 and OR 70 Page 504 of Collier County.
Should you have any questions or concerns, please do not hesitate to contact
Bertholt Flock at (239) 231-5365.
Sincerely,
James Dalton Rabon
Engineering Lead
Florida Power & Light Company, 4105 15th Ave SW, Naples, FL 34116
Phone: 239-353-6085, Fax: N/A
16.A.5.k
Packet Pg. 687 Attachment: LONO FP&L (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
September 5, 2023
To: Sharon Umpenhour
Grady Minor and Associates, P.A.
RE: Vacate of Easement
7576 and 7550 Immokalee Rd – 2311 John Michael Rd, Naples FL 34119
Parcel Number 00195080003 (Cleary Parcel) and Parcel Numbers 00195360008 and
00195600001 (Oakwood Park West LLC Parcels)
Dear Sharon,
Thank you for contacting TECO Peoples Gas Company regarding the vacate of easement at the
above referenced location. After reviewing the documents provided, TECO-PGS has UNOU
objection to this request. TECO-PGS does not have any active facilities in this specified area.
If you have further questions, please do not hesitate to call.
Sincerely ,
Teresa P. Schur
Lead Admin Specialist, Construction
TECO Peoples Gas, Central Territory
600 W Robinson Street
Orlando, FL 32801
407-717-2599
16.A.5.l
Packet Pg. 688 Attachment: LONO TECO Gas (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.m
Packet Pg. 689 Attachment: OR Book 70 page 504 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.m
Packet Pg. 690 Attachment: OR Book 70 page 504 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.n
Packet Pg. 691 Attachment: OR Book 90 page 487 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.n
Packet Pg. 692 Attachment: OR Book 90 page 487 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.o
Packet Pg. 693 Attachment: OR Book 111 page 129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.o
Packet Pg. 694 Attachment: OR Book 111 page 129 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.p
Packet Pg. 695 Attachment: OR Book 172 page 596 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
16.A.5.p
Packet Pg. 696 Attachment: OR Book 172 page 596 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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:
96,245
$1,728.41
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
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
11/29/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
36
36
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
267,717
96,245
96,245
96,245
96,245
96,245
96,245
267,717
96,245
96,245
TAX HSP 1-24-00339943
1659.27
00195360008
00195360008
28 48 26 E1/2 OF NE1/4 OF
NW1/4 OF NW1/4 LESS N 150FT
R/W
28 48 26 E1/2 OF NE1/4 OF
NW1/4 OF NW1/4 LESS N 150FT
R/W
WLM
WORK A HOLICS LANDSCAPE MGMT
INC
308.40
OAKWOOD PARK WEST LLC
2170 LOGAN BLVD N
NAPLES, FL 34119-1411
OAKWOOD PARK WEST LLC
2170 LOGAN BLVD N
NAPLES, FL 34119-1411
10.3117
2.53
Receipt #
70.07
144.37
Pay your current taxes online at:
http://www.colliertaxcollector.com/
13.89
601.83
547.21
9.41
9.12
Paid By
21.58
96,245
267,717
0
96,245
0
96,245
0
96,245
96,245
267,717
96,245 0
0
0
0
0
0
0
$1,728.41
96,245
96,245
16.A.5.q
Packet Pg. 697 Attachment: 2023 Paid Tax Receipts (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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:
412,990
$8,284.56
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
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
01/26/2024
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
36
36
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Jan 31, 2024
Jan 31, 2024
0.2242
1,351,000
412,990
412,990
412,990
412,990
412,990
412,990
1,351,000
412,990
412,990
124-24-00457457
8118.87
00195080003
00195080003
28 48 26 W1/2 OF NW1/4 OF
NE1/4 OF NW1/4, LESS N 150FT
28 48 26 W1/2 OF NW1/4 OF
NE1/4 OF NW1/4, LESS N 150FT
GUARANTY COMMERCIAL TITLE INC
ESCROW ACCOUNT
1,323.34
CLEARY JR, RAYMOND J
THOMAS J CLEARY TR
THOMAS J CLEARY FAMILY TRUST
UTD 2-17-00
3120 60TH ST SW
NAPLES, FL 34116-7411
CLEARY JR, RAYMOND J
THOMAS J CLEARY TR
THOMAS J CLEARY FAMILY TRUST
UTD 2-17-00
3120 60TH ST SW
NAPLES, FL 34116-7411
10.3117
10.86
Receipt #
300.66
619.49
Pay your current taxes online at:
http://www.colliertaxcollector.com/
59.59
3,037.05
2,761.44
40.39
39.15
Paid By
92.59
412,990
1,351,000
0
412,990
0
412,990
0
412,990
412,990
1,351,000
412,990 0
0
0
0
0
0
0
$8,284.56
412,990
412,990
16.A.5.q
Packet Pg. 698 Attachment: 2023 Paid Tax Receipts (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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:
486,328
$10,438.54
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
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
01/26/2024
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
36
36
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Jan 31, 2024
Jan 31, 2024
0.2242
1,750,000
486,328
486,328
486,328
486,328
486,328
486,328
1,750,000
486,328
486,328
124-24-00457460
10229.77
00194920009
00194920009
28 48 26 W1/2 OF SW1/4 OF
NE1/4 OF NW1/4 5 AC
28 48 26 W1/2 OF SW1/4 OF
NE1/4 OF NW1/4 5 AC
GUARANTY COMMERCIAL TITLE INC
ESCROW ACCOUNT
1,558.34
CLEARY JR, RAYMOND J
THOMAS JOHN CLEARY FAM TRUST
3120 60TH ST SW
NAPLES, FL 34116
CLEARY JR, RAYMOND J
THOMAS JOHN CLEARY FAM TRUST
3120 60TH ST SW
NAPLES, FL 34116
10.3117
12.79
Receipt #
354.05
729.49
Pay your current taxes online at:
http://www.colliertaxcollector.com/
70.18
3,934.00
3,577.00
47.56
46.10
Paid By
109.03
486,328
1,750,000
0
486,328
0
486,328
0
486,328
486,328
1,750,000
486,328 0
0
0
0
0
0
0
$10,438.54
486,328
486,328
16.A.5.q
Packet Pg. 699 Attachment: 2023 Paid Tax Receipts (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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:
40,102
$1,287.36
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$249.29
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
11/29/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
Solid Waste
36
36
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
185,620
40,102
40,102
40,102
40,102
40,102
40,102
185,620
40,102
40,102
TAX HSP 1-24-00339943
249.29
1235.87
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28 48 26 E1/2 OF SE1/4 OF
NW1/4 OF NW1/4
28 48 26 E1/2 OF SE1/4 OF
NW1/4 OF NW1/4
WLM
WORK A HOLICS LANDSCAPE MGMT
INC
128.50
OAKWOOD PARK WEST LLC
2170 LOGAN BLVD N
NAPLES, FL 34119-1411
OAKWOOD PARK WEST LLC
2170 LOGAN BLVD N
NAPLES, FL 34119-1411
19013 District 1 Garbage
10.3117
1.05
Receipt #
29.19
60.15
Pay your current taxes online at:
http://www.colliertaxcollector.com/
5.79
417.27
379.41
3.92
3.80
Paid By
8.99
40,102
185,620
0
40,102
0
40,102
0
40,102
40,102
185,620
40,102 0
0
0
0
0
0
0
$1,038.07
40,102
40,102
16.A.5.q
Packet Pg. 700 Attachment: 2023 Paid Tax Receipts (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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
16.A.5.r
Packet Pg. 701 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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
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. 703 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 704 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 705 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 706 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 708 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 709 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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. 710 Attachment: Resolution 2021-243 (28366 : VAC-PL20240000788 John Michael Road to set a hearing date)
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 .
6,1
Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
Attachment"C" 20-EIS-04338/1574837/5]
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to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
Attachment"C" 20-EIS-04338/1574837/5]
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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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