The URL can be used to link to this page

Agenda 09/10/2024 Item #16A 4 (Resolution No. 2021-243 - Scheduling a public hearing to consider vacating the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1#PL20230007642 )16.A.4 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (PL20230007642) OBJECTIVE: To have the Board of County Commissioners ("Board") establish a time and date for a public hearing to consider the vacation of the County and the Public interest in the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, pursuant to Florida Statutes section 336.09(2) and Resolution No. 2021-243. CONSIDERATIONS: The Development Review Division has received a request to vacate the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, located in Section 25, Township 48 South, Range 26 East, Public Records of Collier County, Florida. This request is to remove the 10-foot-wide easement to allow the site to be developed with an apartment complex that includes affordable housing units. The easement was originally provided to provide a 10-foot-wide access to two landlocked parcels from Sundance Street. The parcels are being combined into one larger parcel, and the access is no longer needed. Collier County appears never to have accepted nor maintained the 10-foot-wide easement. The request to vacate the 10-foot-wide public road right-of-way easement is to clean up the title to the property so the proposed residential project (with affordable housing) can be built. The site is currently zoned Agricultural (A) (RFMUO-Receiving), but a companion rezoning application (PL20220003805) is being considered to allow residential uses as a Planned Unit Development (PUD). Although a replacement easement is not being proposed, Collier County will realize the following public benefits: • A commitment to affordable housing for 30 years, with 15% of the units being dedicated to incomes including and up to 80% of the Area Median Income (AMI) of Collier County and 15% of the units being dedicated to incomes including and up to 100% of the AMI of Collier County. • A commitment to provide an easement for a CAT Bus Stop per the JLM Living East RPUD Master Plan. Pursuant to Florida Statutes section 336.09(2) and Resolution No. 2021-243, the Board "may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of [vacating the public road right-of-way easement]." If the proposed resolution is adopted, the hearing will take place on September 24, 2024, as a companion to the Board's hearing on JLM Living East RPUD (PL20220003805). Additionally, the hearing will be advertised in a local paper of general circulation pursuant to Florida Statutes section 336.10 and Resolution No. 2021-243, and the adjacent property owners will be given notice as well. FISCAL IMPACT: The application fee of $2,000 covers staff review, and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: 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 scheduling a public hearing on September 24, 2024, to consider Packet Pg. 91 16.A.4 09/ 10/2024 vacating the 10-foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, located in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (PL20230007642) Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division ATTACHMENT(S) 1. Application (PDF) 2. Resolution_ hearing - 082624 (PDF) 3. Affidavit of Authorization for JLM Living LLC (PDF) 4. Affidavit of Authorization for Q Grady Minor (PDF) 5. Property Ownership Disclosure Form (PDF) 6. LONO Road Maintenance and Stormwater Management (PDF) 7. LONOs All (PDF) 8.OR Book 1476 page 242 (PDF) 9. Master Site Plan Proposed (PDF) 10. 2022 County Tax Receipt (PDF) 11. Resolution 2021-243 (PDF) 12. Current Conditions Map (PDF) Packet Pg. 92 16.A.4 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doc ID: 29786 Item Summary: Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the 10- foot-wide public road right-of-way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road (CR-846) and 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (PL20230007642) Meeting Date: 09/10/2024 Prepared by: Title: County Surveyor — Development Review Name: Marcus Berman 08/23/2024 11:21 AM Submitted by: Title: Environmental Specialist — Name: Jaime Cook 08/23/2024 11:21 AM Approved By: Review: Road Maintenance Marshal Miller Additional Reviewer Growth Management Community Development Department Diane Lynch Development Review Brett Rosenblum Additional Reviewer Transportation Management Operations Support Evelyn Trimino Unknown Jaime Cook Division Director Engineering & Natural Resources Diane Lynch Additional Reviewer County Attorney's Office Derek D. Perry Level 2 Attorney Review Growth Management Community Development Department James C French Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/23/2024 12:04 PM GMD Approver Completed 08/23/2024 3:46 PM Completed 08/23/2024 3:53 PM Additional Reviewer Completed 08/23/2024 4:23 PM Completed 08/26/2024 10:13 AM Skipped 08/26/2024 4:53 PM Completed 08/27/2024 9:19 AM Growth Management Completed 09/04/2024 10:44 AM Completed 09/04/2024 11:01 AM Completed 09/04/2024 11:14 AM Completed 09/04/2024 12:07 PM Completed 09/04/2024 12:13 PM 09/10/2024 9:00 AM Packet Pg. 93 Corr Co-4nty Growth Management Department 16.A.4.a 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 APPLICATION FOR VACATING FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37; Ordinance No. 01-57; Resolution 2021-243; and licable sections of the Collier County Land Development Code ❑ AVROW- Vacation of Road Right -of -Way, Road Name: ❑ AVPLAT-Vacation of Plats or portions of plats of subdivided land Name of Plat: Plat Book: Page(s): IN AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads. Official Record Book: 1476 Page(s) 242 APPLICANT CONTACT INFORMATION Name of Owner: Little Pepper Ranch LLC Name of Applicant if different than owner: JLM Living, LLC Address: 3839 Bee Caves Rd., #205 City: Austin State: TX ZIP: 78746 Telephone: 512.583.0055 Cell: Fax: E-Mail Address:;osh@;Imfinancialinvestments.com Name of Agent: Michael J. Delate, P.E. Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239.947.1144 Cell: Fax: E-Mail Address: MDelate@gradyminor.com PROPERTY INFORMATION Address of Subject Property: 2655 Sundance Street Parcel ID # 00191600005 N Legal Description: See Deed Lot Block Tract Section/Township/Range: 25 /48 /26 0 Current Zoning: A(RFMUO-Receiving) R Note: .2 . a 1 If applicant is a land trust, indicate the name of beneficiaries. a 2; If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 0 3) If applicant is a partnership, limited partnership or other business entity, indicate the E name of the principals. 4) List all other owners. Q 3/16/2022 Packet Pg. 94 coter county Growth Management Department 16.A.4.a 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST This completed checklist is to be submitted with the application packet. Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application, and the below checklist, refer to Resolution 2021-243. REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENTS REQUIRED NOT REQUIRE[ Completed Application (download current form from the County website 1 ® ❑ Addressing Checklist signed by Addressing Department 1 ® ❑ Complete application and all submittal documents in PDF format 1 ® ❑ Fee Simple Deed 1 ® ❑ Statement explaining the general public benefit from the proposed vacation 1 ® ❑ Certificate showing all State and County taxes have been paid for subject parcel 1 ® ❑ Assessment map depicting area of proposed vacation 1 ® ❑ List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number 1 ® ❑ Site Plan on 8'/2" x 11" paper 1 ® ❑ Sketch & legal description of what is to be vacated on 8'/2" X 11 ", labeled with a bold Exhibit "A" signed & sealed by hand or digitally 1 ® ❑ Copy of the recorded subdivision plat 1 ❑ X Letter Authorizing representation, if the applicant isn't the owner 1 X ❑ Affidavit of Authorization signed and sealed 1 ® ❑ Replacement easement documentations, if applicable 1 ❑ ❑ X If replacement easement is required by Collier County, provide a current attorney's Title Opinion or ownership & encumbrance report by a title company 1 ❑ X A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacations of Easement only 1 X Copy of document which granted, conveyed or dedicated the Right- of -Way to the County or public, for Vacation of Right -of -Way only 1 X ❑ Completed Property Ownership Disclosure Form (download current form from the County website 1 X ❑ Reason for Request (required for AVROW applications only) 1 X X REQUIREMENTS FOR RECORDING: Upon approval of application, signed with raised seal, two copies of Exhibit "A" will need to be submitted for Board approval and recording. 1 X ❑ c 0 M a c a) E z M a 3/16/2022 Packet Pg. 95 coter county Growth Management Department 16.A.4.a 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON'T REQUIREMENTS FOR REVIEW: 7ELECTRONIC DOCUMENTS REQUIRED NOT REQUIREI Letters of No Objection from each of the following, as applicable: Electric Company / Florida Power and Light Naples Service Center 1 X ❑ 1220 5th Ave North Naples, FL 34102 Phone: 239-262-1322 Century Link/Lumen ATTN: Kenneth Stinnett Email: Ken neth.stinnett(a)-Lumen.com 1 X ❑ ATTN: Sherlene Clevenger Email: Sherlene.clevenger(aD_Lumen. corn 3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234 Collier County Sherriff's Office / Legal Department ATTN: Michael Hedberg 1 X ❑ 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 Greater Naples Fire and Life Safety ATTN: Shawn Hanson, Deputy Chief 1 X ❑ 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 1 X ❑ 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 Comcast / Xfinity ATTN: Xavier Medina Email: Xavier Medina(d-)comcast.com 1 X ❑ 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 Capital Projects Planning, Impact Fees & Program Management 1 X ❑ Division ATTN: Richard Miller, Project Manager, Principal (Licensed) 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104 Email: Richard. Miller(cb-colliercountyfl.gov Adjacent Property Owners 1 ❑ X Homeowners Association 1 ❑ X FEES ■ Application Fee: $2,000.00 ■ Estimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the time of submittal) ■ "ROW: $700.00 ■ "PLAT: $1,200.00 AVESMT: $1,200.00 LINKS Online Payment Guide can be located: Here Completed application may be submitted online GMD Public Portal If unfamiliar to a on ortal or have questions, please look over our E-Permitting Guide 7 February 15, 2023 Applicant/Agent Signature Date Michael J. DelateR.E. Print c 0 M Q a c 0 E a 3/16/2022 Packet Pg. 96 16.A.4. b RESOLUTION 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 THE 10-FOOT-WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENT OVER THE WESTERLY 10 FEET OF TRACT A-1, AS DESCRIBED IN OFFICIAL RECORD BOOK 1476, PAGE 242, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 2,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846) AND 1,000 FEET WEST OF RICHARDS STREET, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20230007642] WHEREAS, Petitioner, Michael J. Delate, P.E., 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 and Florida Statutes section 336.09(2), to consider disclaiming, renouncing, and vacating the County and Public interest in the 10-foot-wide public road right-of- way easement over the westerly 10 feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located in Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit "A", attached hereto and incorporated herein by reference; 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 right-of-way; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners, nor does it invade or violate individual property rights. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. 2021-243 in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described right- of-way will be held on this the 24'h day of September 2024, at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3`d Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. [Space Intentionally Left Blank] 123-EIS-0487711840086111 Page 1 of 2 Packet Pg. 97 16.A.4. b THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 1 Oth day of September 2024. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry .� Assistant County Attorney 1� Attachments: Exhibit "A" - Sketch and Legal Description Exhibit "B" - Location -Site Map BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chris Hall, Chairman [23-EIS-0487 7/1840086/1j Page 2 of 2 r'A s s Packet Pg. 98 16.A.4. b IE- m 0 0 0 m {\2 0 1.4 CQ 1332:IiS SMAVHOI2i 31MOd NVNViN3A fm" cc v CJ Q �\ 9�a Z Lq 2ZQ WWU �� J m 0 d W � iL[L J � 1 Z �J 3n�aa 1s3��aoonn ' Y 0 oo�u S � 5555ffff�� _ OO m � � � �w m a w = Z Z U0 u W n � O I¢1 NoN n w > y Y u c3S .i 33Ht // 0 h U 0 NT tV to tV 00 0 �L s C I O 3 0 M C d t Q Packet Pg. 100 16.A.4.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) AVESMT Application for Parcel Number 00191600005 1, Shannon Pertchik (print name), as Manager (title, if applicable) of Little Pepper Ranch, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicant❑contract purchaser❑and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize JLM Living, LLC, a Texas limited liability company to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the factsOstated in it are Signature Date STATE OF FLORIDA COUNTY OF COLLIER A he foregoin ert as acknowleged before me by means of &physical presence or ❑online notarization this day of lam` 2021 , by (printed name of owner or qualifier) Shannon Pertchik as Manager of Little Pepper Ranch, LLC t Such person(s) Notary Public must check applicable box: El Are personally known to me ❑ Has produced a current drivers license D_iasproduced �C� identification. Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 •��,j1Yp ••. SHARON UMPENHOUR MY COMMISSION # HH 199535 :o EXPIRES: December 4, 2025 WOW TIYU Notary Pubk UW111- -19 ..<A:.•.:� �• Packet Pg. 101 16.A.4.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) AVESMT Application for Parcel Number 00191600005 1, Jon Pertchik (print name), as Manager (title, if applicable) of Little Pepper Ranch, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0applicant ❑contract purchaser❑and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/1 authorize JLM Living, LLC, a Texas limited liability company to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Sign urn Date STATE OF FLORIDA COUNTY OF COLLIER foregoi�54'nstrul waysy acknowleged before me by means of [(]physical presence or ❑online notarization this r day of `'1 , 20 23 , by (printed name of owner or qualifier) Jon Pertchik as Manager of Little Pepper Ranch, LLC Such person(s) Notary Public must check applicable box: ❑ Are personally known to me ❑ Has produced a euffent drivers license vv �i; SHARON UMPEi,aHOUR i4j.. MY cOMMISS101 # Hi' t395S5 0-tias produced S as identification. ;o. r,� EXPIR!"S:December 4,?!12� '•'•jF�� Foa ' Bonded T hru Notary Pubk Ur.,. ors CP\08-COA-00115\155 REV 3/4/2020 Packet Pg. 102 16.A.4.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUM BERS(S) AVESMT Application for Parcel Number 00191600005 1, Josh Meyer (print name), as Manager (title, if applicable) of JLM Living, LLC, a Texas limited liability company (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicantQcontract purchaser=and that: 1. i have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q. Grady Minor& Associates, P.A. and Coleman, Yovanovich & Koester, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words as trustee': • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that i have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of ®physical presence or []online notarization this day of 2023 , by (printed name of owner or qualifier) Josh Meyer as Manager Such person(s) Notary Public must check applicable box: 0 Are personally known to me E] Has produced a current drivers license ....... LORI SWEETLAND fvty Notary ID # 125113722 .` Expires Janua01--, 0 Has produced as identification Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 Packet Pg. 103 16.A.4.e Cotber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 4 c CI GCIIIdgC VI )UGII IIIICI CJ I. I Name and Address I % of Ownership I N.A. 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 N.A. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. Created 9/28/2017 Page 1 of 3 Packet Pg. 104 16.A.4.e Cotber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 Little Pepper Ranch, LLC, a Florida limited liability company, 2655 Sundance Street, Naples 34120 Jon Pertchik as Manager (Ownership Interest) Shannon Pertchik, as Manager (Ownership Interest) 100 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, includingthe officers, stockholders, beneficiaries, orpartners: Name and Address % of Ownership JLM Living, LLC a Texas limited liability company, 3839 Bee Caves Road, Suite 205, Austin, TX 78746 (see attached) See attached Exhibit 'A' — Members of JLM Living, LLC 100 Date of Contract: 2021 and 2022 f. If any contingency clause or contract terms involve additional parties, list all individuals or IGCfJ. II d Lou IPUICILIU1I. PdILnerJnIPI of LruJL. Name and Address N.A. g. Date subject property acquired 2009 and 2016 Created 9/28/2017 Page 2 of 3 Packet Pg. 105 Cotber County 16.A.4.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A. , or Anticipated closing date: N.A. AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 A-(Z)"C�k Agent/Owner Signature Michael J. Delate. P.E. Agent/Owner Name (please print) Created 9/28/2017 March 29, 2023 Date Page 3 of 3 Packet Pg. 106 16.A.4.e FIRST AMENDMENT TO THE COMPANY AGREEMENT OF JI M LIVING, LLC A Texas Limited Liability Company THIS FIRST AMENDMENT TO THE COMPANY AGREEMENT OF JI M LIVING, LLC ("Amendment"), dated effective as of September %, 2021, is (a) adopted by each Member (as defined below) and (b) executed and agreed to, for good and valuable consideration by each Member. WITNESSETH: WHEREAS, pursuant to the terms of that certain Certificate of Formation of JLM LIVING, LLC (the "Certificate"), filed June 1, 2021 with the Secretary of State of the State of Texas, JLM LIVING, LLC, a Texas limited liability company (herein the "Company") was formed; WHEREAS, in connection with formation and organization of the Company, the original Members of the Company executed that certain Company Agreement of JLM LIVING, LLC (the "Company Agreement"), dated effective June 1, 2021; WHEREAS, the Certificate and Company Agreement currently remain in full force and effect with regard to continuing rights and obligations thereunder; WHEREAS, one of the original Members has divested his ownership in the Company to two other existing Members of the Company and to one new Member, and the Members wish to document same by having the Exhibit "A" to the Company Agreement amended to reflect the change in Membership Interests and the addition of the new Members; WHEREAS, the former Member of the Company (namely: Jeff Ezell) was also a Manager of the Company and the current Members of the Company desire herein to designate his replacement; and WHEREAS, the divest Member had contributed capital to the Company which has been reimbursed by on of the existing Member, and the Members wish to document same by having the Exhibit "A" to the Company Agreement amended to reflect the changes to the capital contributions of the Members to the Company. NOW, THEREFORE, for and in consideration of the premises, the agreements that are set forth herein, the continuation of the Company Agreement and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the parties hereto agree to amend the Company Agreement as follows: (1) RECITALS. The foregoing recitals are true, correct and complete and constitute the basis for this Amendment for all purposes. (2) DEFINED TERMS. As used in this Amendment, each term that has its initial letter capitalized shall have the same meaning that was given to that term in the Company Agreement unless it is otherwise defined herein. (3) REVISED TERMS. The following change to the Agreement is hereby agreed: A. The EXHIBIT A to the original Company Agreement is hereby deleted in its entirety and Page 1 of 3 Packet Pg. 107 16.A.4.e the EXHIBIT A that is attached to this Amendment is hereby substituted therefor and the Members consent to the transfers of interest reflected upon such replacement EXHIBIT A. (4) ADMISSION OF MEMBER. By their execution hereof, the Members each agree to the admission of Tara Barnes as a Member and said individual hereby assumes the obligations of a Member under the Company Agreement. (5) APPOINTMENT OF REPLACEMENT MANAGER. By their execution hereof, the Members hereby remove Jeff Ezell as a Manager of the Company and hereby appoint Josh Meyer a Manager of the Company and, by his execution hereafter, said individual hereby assumes the position and obligations of a Manager of the Company pursuant to the terms of the Company Agreement. (6) CONFLICT. Except as amended hereby, the Company Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the Company Agreement and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Company Agreement of JLM Living, LLC effective as of the date set forth above. MEMBERS: MTP Living, LLC By: a e , Manager Andrew Hirsekorn hris Votaw JM Investments 2020, LLC, a Texas limited liability company By: aA— /�Iosh Meyer, Manager Dan Deichert Tara Barnes Page 2 of 3 Packet Pg. 108 16.A.4.e the EXHIBIT A that is attached to this Amendment is hereby substituted therefor and the Members consent to the transfers of interest reflected upon such replacement EXHIBIT A. (4) ADMISSION OF MEMBER. By their execution hereof, the Members each agree to the admission of Tara Barnes as a Member and said individual hereby assumes the obligations of a Member under the Company Agreement. (5) APPOINTMENT OF REPLACEMENT MANAGER. By their execution hereof, the Members hereby remove Jeff Ezell as a Manager of the Company and hereby appoint Josh Meyer a Manager of the Company and, by his execution hereafter, said individual hereby assumes the position and obligations of a Manager of the Company pursuant to the terms of the Company Agreement. (6) CONFLICT. Except as amended hereby, the Company Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the Company Agreement and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Company Agreement of JLM Living, LLC effective as of the date set forth above. MEMBERS: MTP Living, LLC HIM Larry Meyer, Manager Andrew Hirsekorn Chris Votaw JM Investments 2020, LLC, a Texas limited liability company Josh Meyer, Manager Dan Deichert Tara Barnes Page 2 of 3 Packet Pg. 109 16.A.4.e the EXHIBIT A that is attached to this Amendment is hereby substituted therefor and the Members consent to the transfers of interest reflected upon such replacement EXHIBIT A. (4) ADMISSION OF MEMBER. By their execution hereof, the Members each agree to the admission of Tara Barnes as a Member and said individual hereby assumes the obligations of a Member under the Company Agreement. (5) APPOINTMENT OF REPLACEMENT MANAGER. By their execution hereof, the Members hereby remove Jeff Ezell as a Manager of the Company and hereby appoint Josh Meyer a Manager of the Company and, by his execution hereafter, said individual hereby assumes the position and obligations of a Manager of the Company pursuant to the terms of the Company Agreement. (6) CONFLICT. Except as amended hereby, the Company Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the Company Agreement and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Company Agreement of JLM Living, LLC effective as of the date set forth above. MEMBERS: MTP Living, LLC 0 Larry Meyer, Manager Andrew Hirsekorn Chris Votaw JM Investments 2020, LLC, a Texas limited liability company Josh Meyer, Manager 0---- Dan Deichert Tara Barnes Page 2 of 3 Packet Pg. 110 16.A.4.e the EXHIBIT A that is attached to this Amendment is hereby substituted therefor and the Members consent to the transfers of interest reflected upon such replacement EXHIBIT A. (4) ADMISSION OF MEMBER. By their execution hereof, the Members each agree to the admission of Tara Barnes as a Member and said individual hereby assumes the obligations of a Member under the Company Agreement. (5) APPOINTMENT OF REPLACEMENT MANAGER. By their execution hereof, the Members hereby remove Jeff Ezell as a Manager of the Company and hereby appoint Josh Meyer a Manager of the Company and, by his execution hereafter, said individual hereby assumes the position and obligations of a Manager of the Company pursuant to the terms of the Company Agreement. (6) CONFLICT. Except as amended hereby, the Company Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the Company Agreement and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Company Agreement of JLM Living, LLC effective as of the date set forth above. MEMBERS: MTP Living, LLC IIn Larry Meyer, Manager Andrew Hirsekorn Chris Votaw JM Investments 2020, LLC, a Texas limited liability company Josh Meyer, Manager Dan Deichert Tara Barnes Page 2 of 3 Packet Pg. 111 16.A.4.e CONSENTED TO AND AGREED; MANAGERS: arry eye , anager Jos eyer, Manager Page 3 of 3 Packet Pg. 112 16.A.4.e EXHIBIT A MEMBERS OF JLM LIVING, LLC Initial Capital Capital Percentage Member's Name and Address Contribution Commitment Intere MTP Living, LLC $70,000.00 plus 3839 Bee Caves Road, Suite 205 $30,000.00 of $100,000.00 o 74 /o Austin, Texas 78746 transferred credit Andrew Hirsekorn 3680 Paces Valley Road $ 0.00 $ 0.00 5% Atlanta, Georgia 30327 Chris Votaw $ 0.00 $ 0.00 5% 8404 Burkwood Cove Austin, Texas 78735 JM Investments 2020, LLC 3839 Bee Caves Road, Suite 205 $ 0.00 $ 0.00 10% Austin, Texas 78746 Dan Deichert $ 0.00 $ 0.00 5% 7247 Meadow Lake Ave. Dallas, Texas 75214 Tara Barnes $ 0.00 $ 0.00 1 % 3839 Bee Caves Road, Suite 205 Austin, Texas 78746 MTP Living, LLC Larry Meyer, Manager - 100% JM Investments 2020, LLC Josh Meyer - Manager - 100% E Q Packet Pg. 113 16.A.4.f From: Richard Orth To: Sharon Umoenhour Cc: Derek Perrv; Marshal Miller; Beth Johnssen; Brett Rosenblum; Richard Yovanovich Subject: Road Maintenance and Stormwater Management Section LONO to PL20230007642 Vacation for JLM Living East RPUD Date: Thursday, January 11, 2024 4:09:12 PM Sharon Umpenhour, Agent Q. Grady Minor & Associates, P.A 3800 Viaduct del Ray Bonita Springs, Florida 34134 Dear Ms. Umpenhour, The Collier County Stormwater Management Section and Road Maintenance Division (RM) have no objections to the requested easement vacation within Collier County parcel I.D. 00191600005 as proposed by the supporting documents under Vacation Application PL20230007642 for the JLM Living East RPUD. Please consider this e-mail correspondence as a Stormwater Management Section and RM Letter of No Objection (LONO) to the proposed vacation. If you have any further questions or concerns, please do not hesitate to contact me at any of the links below. Sincerely, Rick Orth Richard Orth, P.G., Plan Reviewer Road, Bridge & Stormwater Maintenance Transportation Management Services 4800 Davis Boulevard 2685, Naples, FL 34104 Desk 239-252-5092 Cellular: 239-315-2025 or 239-634-9024 Rich ardOrthPCol IierGov.Net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 114 16.A.4.g LUM=N November 2, 2022 Sharon Umpenhour Senior Planning Technician Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RE: No objection to Easement Vacation for Parcel Numbers 00191440003 and 00191600005 Dear Sharon, In response to your request to vacate 30' wide public right-of-way easement and a 10' wide public road right-of-way easement located on property identified as Parcel Numbers 00191440003 and 00191600005, according to the Collier County Property Appraiser, as presented on the prints sent to this office; LUMEN has no objection, providing LUMEN cable facilities are not in conflict with the vacation of the easements. Please be advised that Lumen has a 12-pair aerial copper cable located in the south right -of way/utility easement paralleling Sundance Street (see attached). The no objection is contingent to Lumen being provided any required easements for relocation of existing facilities that could be affected, along with Lumen being totally reimbursed by owner/developer on the cost of relocating such facilities. If I can be of further assistance, feel free to contact me at 239-920-5935 or email Kenneth. Stinnett&lumen. com. Sincerely, Kenneth Stinnett Local Network Engineer II LUMEN 3530 Kraft Rd, Unit 100 Naples, FL3410 Tel: 239-920-5935 Kenneth. Stinnettklumen. com Packet Pg. 115 16.A.4.g m to 00 ti Qi N Q W O Z O J C d E L 0 R r Q Packet Pg. 116 16.A.4.g 4105 15" Avenue S.W. Naples, Florida 34116 FPL. 21 st, March 2023 Re: No Objection Letter — to the proposed Plat Utility Easements Parcel numbers: 00191440003 and 00191600005 Melanie Diaz, Florida Power and Light Company has reviewed your proposed construction on the properties located at Parcel numbers: 00191440003 and 00191600005. Section 25, Township 48, Range 26. Florida Power and Light Company has no objection to the proposed Plate Utility Easements at this location as long as this job at this location will not touch FPL underground and/or overhead existing facilities and will not conflict with any FPL business in the future. This "no objection" is provided with the stipulation that any FPL facilities within easements at this property retain all rights. If you have any questions regarding this matter, please contact me at 239-248-7058. Sincerely, Hector M. Martinez Distribution Engineer Cell : (239) 248-7058 Email: Hector.Martinez2(2 l.com Golden Gate Service Center GRIDFORWARD Building the Future Please contact me with any questions or concerns. Best way to reach me is via Email. Packet Pg. 117 16.A.4.g GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects SENT VIA EMAIL October 28, 2022 TECO Attn: Jason Wilhite 5901 Enterprise Pkwy Fort Myers, FL 33905 iewilhite@tecoenerey.com Re: Easement Vacation Application for JLM Living, LLC 5k)N1JAa0 C¢._ s+- Collier County Property Appraiser Parcel Numbers 00191440003 and 00191600005 Dear Mr. wilhite: LA On behalf of the contract purchaser, we are submitting an application to vacate a 30' wide public right- of-way easement and a 10' wide public road right-of-way easement located on property identified as Parcel Numbers 00191440003 and 00191600005 according to the Collier County Property Appraiser. The easements do not contain any drainage, roadway or utility improvements but were recorded for future improvements that are no longer necessary. The project is currently in for rezoning to allow future residential uses. Enclosed for your review are aerial location maps, a copy of the documents creating the easement, the survey showing the easement location and the sketch and legal descriptions describing the easements to be vacated. If you have any questions or require additional information, please contact our office. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience or providing a separate letter of no objection. Sincerely, Michael J. Delate, P.E. Sr. Vice President Joan Domning-Senior Admin Specialist TECO-PGS-Distribution Engineering 8416 Palm River Rd, Tampa, FI 33619 813-275-3783 jdomning@tecoenergy.com Printed Name Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Date Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 9 LC 26000266 www. ad inor.com Packet Pg. 118 GREATER NAPLES FIRE RESCUE DISTRICT FIRE AND LIFE SAFETY 2700 N Horseshoe Dr. • Naples, FL 34104 Phone: (239)774-2800 Fax: (239)774-3116 J. Nolan Sapp, Fire Chief November 2, 2022 Mr. Michael J. Delate, P.E. Senior Vice -President Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 mdelate(c� rgradMinoncom RE: Parcel Numbers 00191440003 and 00191600005 Easement Dear Mr. Delate, The Greater Naples Fire Rescue District has no objection to the vacation of the existing, unimproved platted road rights -of -way granted to Collier County for the 30' wide public right- of-way easement and a 10' wide public road right-of-way easement located on property identified as Parcel Numbers 00191440003 and 00191600005 according to the Collier County Property Appraiser. This location is specifically depicted in the exhibits provided. Please note that the vacation does not eliminate or diminish any provision of the Florida Fire Prevention Code, including but not limited to, required access, egress, apparatus turnaround, and all development and construction must comply with applicable requirements. Should you have any further questions, please contact me at (239)774-2800. _4CJ)___ - Shawn M. Hanson Assistant Chief/Fire Marshal SMH/tgc Enclosure 16.A.4.g Professionalism — Integrity — Compassion Board of Fire Commissioners Nick Biondo, Charlie Cottiers, Al Duffy, Kevin Gerrity, Dave Stedman Packet Pg. 119 December 16, 2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RECEIVE® DEC 2 2 2022 Q. Grady Minor & Associates, P.A. RE: Easement vacation for parcel numbers 00191440003 and 00191600005 To Whom It May Concern, Staff has reviewed your request for a letter of "No Objection" for the above described project. The particular vacation is as described in your letter. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. del Willi, tall Attorney Collier Count MJW:jbg Esq. �6701m, 0 z 0 J c as z t� c0 r� a Packet Pg. 120 16.A.4.g N1 MT April 18th, 2023 Attn: Sharon Umpenhour Grady Minor & Associates RE- LONO - Easement Vacation Application for JLM Living, LLC Collier County Property Appraiser Parcel Numbers 00191440003 and 00191600005 Dear Sharon, Thank you for contacting Comcast regarding your proposed vacation of easement and replat. This is to inform you that Comcast does not have facilities within the site's development area. We have no objection to your plans at this location. If Comcast facilities are found and/or damaged within the area as described, the Applicant will bear the cost of repairs of said facilities. If you have any further question or concerns, please do not hesitate to contact me at If you have any further question or concerns, please do not hesitate to contact me at (941) 914-7814. Sincerely, vd d zaCtZU` fde Manager, Construction SWFL 12600 Westlinks Dr. Suite #4 Fort Myers, FL 33913 Cell (941) 914-7814 David Lescrynski@Comcast.com Packet Pg. 121 16.A.4.g GradyN inor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 23, 2023 To Adjacent Property Owners Within 250 feet Of the Property Herein Described Re: Easement Vacation Application for JLM Living, LLC Collier County Property Appraiser Parcel Number 00191600005 To whom it may concern: On behalf of the contract purchaser, we are submitting an application to vacate a 10' wide public road right-of-way easement located on property identified as Parcel Number 00191600005 according to the Collier County Property Appraiser. The easement does not contain any drainage, roadway or utility improvements but were recorded for future improvements that are no longer necessary. The project is currently in for rezoning to allow future residential uses. Enclosed for your review is an aerial location map, a copy of the documents creating the easement, the survey showing the easement location and the sketch and legal description describing the easement to be vacated. If you have any questions or require additional information, please contact our office. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience or providing a separate letter of no objection. Sincerely, 1 Michael J. Delate, P.E. Sr. Vice President Virginia M. Landis 2661 Sundance Street Naples, FL 34120 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 February 23, 2023 Date Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 9 LC 26000266 www.gradyminor.com Packet Pg. 122 16.A.4.g GradyJNlinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 23, 2023 To Adjacent Property Owners Within 250 feet Of the Property Herein Described Re: Easement Vacation Application for JLM Living, LLC Collier County Property Appraiser Parcel Number 00191600005 To whom it may concern: On behalf of the contract purchaser, we are submitting an application to vacate a 10' wide public road right- of-way easement located on property identified as Parcel Number 00191600005 according to the Collier County Property Appraiser. The easement does not contain any drainage, roadway or utility improvements but were recorded for future improvements that are no longer necessary. The project is currently in for rezoning to allow future residential uses. Enclosed for your review is an aerial location map, a copy of the documents creating the easement, the survey showing the easement location and the sketch and legal description describing the easement to be vacated. If you have any questions or require additional information, please contact our office. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience or providing a separate letter of no objection. Sincerely, Michael J. Delate, P.E. Sr. Vice President ,: /,�. Edward A. Dinova 2691 Sundance Street Naples, FL 3412 Agn s B. Dinova 2691 Sundance Street Naples, FL 3412 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Date Date Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 9 LC 26000266 www.gradyminor.com Packet Pg. 123 16.A.4.g G radvMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 27, 2023 To Adjacent Property Owners Within 250 feet Of the Property Herein Described Re: Easement Vacation Application for JLM Living, LLC Collier County Property Appraiser Parcel Number 00191600005 To whom it may concern: On behalf of the contract purchaser, we are submitting an application to vacate a 10' wide public road right- of-way easement located on property identified as Parcel Number 00191600005 according to the Collier County Property Appraiser. The easement does not contain any drainage, roadway or utility improvements but were recorded for future improvements that are no longer necessary. The project is currently in for rezoning to allow future residential uses. Enclosed for your review is an aerial location map, a copy of the documents creating the easement, the survey showing the easement location and the sketch and legal description describing the easement to be vacated. If you have any questions or require additional information, please contact our office. Otherwise, please evidence your 'no objection' to the proposed vacation by signing at the space provided below and returning a copy of this letter to our office at your earliest convenience or providing a separate letter of no objection. Sincerely, Michael J. Delate, P.E. Sr. Vice President Gerald William House 2914 Randall Circle Naples, FL 34140 JR Houseandall Circle Naples, FL 34140 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 � 3 Date Date Ph. 239-947-1144 9 Pax. 239-947-0375 CB 0005151 * LB 0005151 • LC 26000266 wwxv.gradyminor. com Packet Pg. 124 ZV9L000£ZOZld-OVA : 90L6Z) IIV SONO-1 :IU8WL13L'UV a ]' Z 4 L+- C7 �- N d C � m 4 � � r- L m @ C U N W W Q x CS op fA m Lail C N 7 c G .. em �mm ILQQo[ncocc ©013 ❑❑ d U ale ; H�'m m ro Oa p �G�cti6 UVJf!]�m00�C 1f3 N =3 =3 .1 c� �QQUUVUcv vi 0 o �. co a °- n LO v Q o ---- v c o rn v p �o,, (D w � ry ro [ l m cv o ❑ ° vn n�� co�E w Z ' �- ri w 09 LU m m �� .. T m z a V) � N a 0 tti r Qa Q �■� � N CO ol r co 0, co C E Emc 3: ■ ru '�' °' ru o D Q v o o ' z CY) E_� a 0a 0 � 2 � E va _u ru i ■ ■ ■ Q ,- ¢G7 a LO N a a) L) c� a ZV9L000£ZOZld-OVA : 90L6Z) IIV SONO-1 :}UaWLI3L' V N C i 7 a7 m , CD -0MM Q QQ d o �Z — ,ram} t�i OEI ppoi' �' m 2'20?.0 m m U r rim ro •o• y��H Ig 0. LX IC O fA C� I1C 0110 0❑ �� C q v p 8 N m m 0 m LI.E cU rn o o x (:03 d ❑ cl)¢Noo ]U cp I1 ei QQ1kQQQQL3 �- u ID 8, N cv � o 070 � U � Q ❑ — I Lu O L CIS CL Dco zu� � r ■ to ca -E '� o— Q c EE ■ +) L v p UI coV7 2 Z U � J-- 0) o p Q� C �U u ❑ o ca C :I'- , E U N ¢ o a � I ■ ■ ■ r co N T- a aD u c� a o ....� rn CV m m s CU � 00 m o CV N LO 2 r .�— m b r-3 o C7 0 CV CV CO � CD m RI - E l T ...�. o co '"'"■". L CF] r'i E ■nnw■ top r i E ` CO 13 2 COLLIER COUNTY 1989 OCT 12 AM It: 52 RECORDED n01476 Of BOOK PAGE RFC g?ev PRM TA DOCK INT- — CV7U0 I�ID� 3S,oa0•ao Parcel ID Number. 00191600005 Grantee #1 '11N: Grantee /2 T1N: ISpace Above'lltis Line For Recording Warranty Deed This Indenture, Madc this 10 " Clay of October, 19 89 A.D., Between DELORES ANN ROBINSON, joined by her husband, JERRY DONALD ROBINSON, a/k/a JERRY ROBINSON of the County Of Collier , stawa Florida ,grantor, and CHARLES F. LANDIS_and JOYCE A. LANDIS, husband and wife as an estate by the entirety, I ` Z' f whose address is:11349 Del- woad Lane, Bonita Springs, Florida 33923 of the County of Lee _. State of Florida —, grantees.— WltneSSeth that the GRANTOR for and irtconsideration of the sum of — — — — — — — - - - - - - - - - TENS &` NO/ 100 ($10.00) - - - - - - - - - - DOLLARS, and other good and valuable consideration to GILwrQR in hand paid by GI ANIEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTVXtrS- �d GRANITES' heirs and assigns forever, the following described land, situate, lying and being in the county of Collier ` f suate or Florida to wit: A tract lying in Sectioi't°t25,-Township 48 South, Range 26 East, Collier County, Florida, a. mode particularly described in Exhibit "A" attached hereto and'by reference made a part. hereof. TOGETHER WITH that certain _19' ;_,H,ILLCREST mobile home, Identification No. 02612346H.,".i Subject to restrictions, rese`va ions and easements of record, if any, and taxes for the calendar-jaear 1989, and subsequent years. Igo2,j l� f1�fUment tarV Stamp Tax - G3sn'C' Property car: ona! PropertyyTax COL" CLr-RY `C URTc O.0 BY and the grantor does hereby fully warrant the title to said land, and will defend the same agimst ).4rai claims of all persons whomsucvcr. In Witness Whereof, the grantor has hereunto set their hand and seat The day and year first t,buve written. Signet!, scaled and delivered in our presence: Witness ELORES ANN R INSO f Witness STATE OF Florida COUNTY OF Lee I HEREBY CERTIFY that on this day, before me, an officer duly qualified to take acknowledgements, penonally appeared DELORES ANN ROBINSON, and JERRY DONALD ROBINSON, a/k/a JERRY ROBINSON to me known to be the persons described in and who executed the foregoing instrument and they acknowledged berure me that they cxceuted the same. WITNESS my hand and official seal in the County and State last aforesaid this J04 day of October, 19B9. This Document Prepared By: _ 1Wph A. Rkhardson Attorney at )[a w'-'1L-- p.o. !lox 1779 27725 old 41 Itnad NOTARY PUBLIC, S17Uli 01" Florida Bonita Sprial;s, IFI. 33Z9 My Commission Ilxpucs: . 89-0692 HER/th Packet Pg. 127 EXHIBIT "Al' A tract lying in Section 25, Township 48 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commencing at a concrete monument, being the E 1/4 corner of said Section 25, thence N87-49-16W, 655.731 along the centerline of Sundance, Rd. (so called), and the South line of the NE 1/4 of said Sect'99n� 25 to the POINT OF BEGINNING of the hereinafter described``firac, A-11 said point being the S.E. corner of the E 1/2 of the W 1/.af the SE 1/4 of the NE 1/4 of Section 25; thence continuing along the aforesaid centerline of Sundance Rd. and the South line of'th(`N$ 1/4 of Section 25; N87-49-17W, 327.871 to the S.W. corner of tha-E=t1/2 of the W 1/2 of the S.E. 1/4 of the N.E. 1/4 of Section 2-!5"; thence along a portion of the W. line of the E 1/2 of the W 1/2 of the S.E. 1/4 of the N.E. 1/4 of Section 25, N00-16-06E, 682.23-1..;"°thence 587-54-19E, 328.431 to a point on the E. line of the E 1/2 of the W 1/2 of the S.E. 1/4 of the N.E. 1/4 of Section 25; thence ,along a portion of the aforesaid E. line, 500-19-OOW, 682.70' to 6elPOINT OF BEGINNING. SUBJECT to a 30' wide easement for a public rd. Right -of -Way (Sundance Road), over anti",accross the South 30' thereof. All recorded in OR 736, page,,516: ALSO SUBJECT to an easement over and across a part of the Westerly 10' of aforementioned -=bract A-1. Said 10' wide easement extends from the North line `of,S)tndance Rd. to the North line of said Tract A-1. Said 10' wider ,dasement being for public road Right -of -Way. to 0) rn N N o >:. O r (l 0 COI IEii C::U+J!'/, - LCiniDA to .: a'r: i%_i; C. Gi�c S. t;�E;; 15 Q J Packet Pg. 128 16 IMMOKALEE ROAD FUTURE CAT BUS STOP MINIMUM 6-FOOT WIDE LANDSCAPE SHELTER EASEMENT BUFFER RESERVATION (SEE NOTE #2) (APPROXIMATE LOCATION) 20' WIDE TYPE I R 'D' LANDSCAPE BUFFER I �.'.'.LL.LL.LL.LL.LL.. . . POTENTIAL AA R VEHICULAR/PEDESTRIAN INTERCONNECTION ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE: PRESERVE ` p �I � ZONED: A (RFMUO-RECEIVING LANDS) of .'.`.`.'.'.`.`.'.`.`. w USE: CHARTER SCHOOL m m p 0 �I� R ao I m Cn rI .. ..LL...LL.LL....... � c �� PRESERVEZ Cn v c�I = c mI R nco ool \LL LLLLLLWLL LLLLLLLLLLWLL LL LL m c W o -n C o _n � . n M —n / N m Z � N7 /fr \ ,LL,LLWLL,LL, J � LL•LL•LL•LL•LL a HATCHED AREA LAKE C) LIMITED TO SINGLE / 30' PUBLIC ROAD ROW STORY HOMES - OR2116 PG2240) 00 to ZONED: VENTANA POINTE RPUD LAKE (PB70, PG 5-9) R / r R .LL. USE: RESIDENTIAL N 25' VENTANA R POINTE LBE Q ZONED: A (RFMUO-RECEIVING LANDS) � LAMORADA (PB 59, PG 1-15) ILu• p USE: RESIDENTIAL p I E R a %%10 IR - j I R I �fi� r � R i LAKE R m 10' WIDE TYPE I I r ff��rf N 'D' LANDSCAPE BUFFER 11Q LEGEND: _ R R RESIDENTIAL �— — — — — — — — SLINDANCE STRcTREET AA AMENITY AREA ZONED: A (RFMUO-RECEIVING LANDS) EMERGENCY SCALE 1" - 3000 L MORADA (PB 59, PG 1-15) ACCESS ONLY E# EASEMENT (SEE NOTE SHEET) USE: GOLF COURSE JLM LIVING EAST RPUD SCALE: ©GradyMinor CragyMlnoranJAssoalales.P.A. On CODE: 3111111 Na nrl Rey Bonlla Springs. Plorlda 34134 EXHIBIT C DATE: Civil Engineers . Land Surveyors . Planners . Landscape Architects MASTER PLAN Cert. erA,m.EB000s1s1 Cert. oFAth.LB0006,6, BusinemLC26000266 REVISED JANUARY 3, 2024 Bonita Springs: 239.947.1144 nwit. GradyNinnr.com Fort Myers: 239.690.4380 Packet Pg. 129 I 16.A.4. i I SITE SUMMARY TOTAL SITE AREA: RESIDENTIAL: AMENITY AREA LAKE: PRESERVE: BUFFERS: SUNDANCE ST: 37.2± ACRES 23.57± ACRES (63%) 0.66± ACRES (2%) 1.92± ACRES (5%) 9.3± ACRES (25%) 1.3± ACRES (4%) 0.45± ACRES (1 %) RESIDENTIAL: MAXIMUM 305 MULTI -FAMILY RENTAL DWELLING UNITS OPEN SPACE: REQUIRED: 50% (CONSISTENT WITH THE JLM LIVING EAST RESIDENTIAL OVERLAY) PROVIDED: 50% (WITHIN THE PUD) PRFSFR\/F- REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%) PROVIDED: 9.3± ACRES DEVIATIONS (SEE EXHIBIT E NO DEVIATIONS REQUESTED EASEMENT INDEX: El- 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305, PG 3751) - TO BE VACATED E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG 242), (OR736, PG516) AND (OR 5305, PG 3751) TES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE REQUIREMENTS OF A TYPE 'B' BUFFER, A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. JLM LIVING EAST RPUD © GradyMinor era�rMlaor uia on �nnr Rry 21 Retain Spiiog, Igor Id 34131 EXHIBIT C nnTe: Civil Engineers . Land Surveyors . Planners . Landscape Architects VASTER PLAN NOTES F,LEo-E;Zo22 - f,,L,AAuth.KB0000151 corl.orAuth.1,1S0005151 lo,ame Le26000266 REVISED DECEVBER 1, 2023 - - 8onitaStrmgs: 239.947.1144 awa.GradyWoor.com Fort Myers: 239.090.4380 Packet Pg. 130 2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By Nov 30, 2022 Please Pay $0.00 Parcel Number Legal Description Mill Code Escrow Code 00191600005 25 48 26 S1/2 OF E1/2 OF W1/2 44 OF SE1/4 OF NE1/4 5 AC OR 1476 PG 242 LITTLE PEPPER RANCH LLC 165 CHANNEL DR NAPLES, FL 34108 Pay in U.S. Funds Drawn on a U.S. Bank To: Collier County Tax Collector 3291 E. Tamiami Trail Naples, FL 34112-5758 POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED Visit our website: www.colliertaxcollector.com Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount GENERAL FUND 3.5645 199,085 0 199,085 709.64 199,085 WATER MANAGEMENT FUND-SOUTF 0.0948 199,085 0 199,085 18.87 BIG CYPRESS BASIN 0.0978 199,085 0 199,085 19.47 SCHOOL BOARD - STATE LAW 2.2110 312,132 0 312,132 690.12 SCHOOL BOARD - LOCAL BOARD 2.2480 312,132 0 312,132 701.67 Exemptions COLLIER MOSQUITO CONTROL 0.1609 199,085 0 199,085 32.03 GREATER NAPLES FIRE RESCUE DI; 1.5000 199,085 0 199,085 298.63 UNINCORP GEN - MSTD 0.8069 199,085 0 199,085 160.64 C.C. WATER POLLUTION CTRL PGM 0.0293 199,085 0 199,085 5.83 CONSERVATION COLLIER 0.2500 199,085 0 199,085 49.77 Millage Total 10.9632 Total Ad Valorem $2,686.67 Pay your current taxes online at: Non -Ad Valorem District Type of Assessment Amount http://www.coiliertaxcollector.com/ 19013 District 1 Garbage Solid Waste 230.82 Non -Ad Valorem Total $230.82 See reverse side for important information Combined Ad Valorem and Non -Ad Valorem Total $2,917.49 16.A.4.j (Detach and Return with your Payment) 2022 Paid Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By Please Pay Nov 30, 2022 $0.00 Parcel Number Mill Code Escrow Code 00191600005 44 Legal Description 25 48 26 S1/2 OF E1/2 OF W1/2 OF SE1/4 OF NE1/4 5 AC OR 1476 PG 242 LITTLE PEPPER RANCH LLC 165 CHANNEL DR NAPLES, FL 34108 11 /09/2022 Amount Paid to Date: 2800.79 Receipt # WWW-23-00225837 Paid By shannon pertchik Packet Pg. 131 16.A.4.k 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 Packet Pg. 132 16.A.4.k 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: CRYSTAL I� 1 � KEL, CLERK Bye` y Mr` r IC[Ti, ' , Deputy Clerk , c. �natu-6Del''.; Approvedand legality: �C. fierekk D. Perry Assistant County Attorney r�\ Attachments: BOARD F COUNTY COMMISSIONERS COLLI TY, FLORIDA By: �—�A Penny Tayl , Chairman 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-04338/1574837/5] Page 2 of 2 Packet Pg. 133 16.A.4.k 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 %section 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: 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 . It must be accompanied by a non-refundable application fee (refer to Growth Management, Development Services' 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 (F€-Eee Swim le DEE-Deed). If petitioner is Attachment "A" [20-EIS-04338/1574837/51 Mareh 20442021 page 1 of 13 Additions Underline Deletions Strikethrough Packet Pg. 134 16.A.4.k 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 %2" 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 ''/2" X I V paper labeled in bold capital letters as EXHIBIT "A". oa by a sk teh of the legal dese.ipt 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] N4afeh 20442021 Page 2 of 13 Additions Underline Deletions StFikethreagh Packet Pg. 135 16.A.4.k hWhen applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd4 Floor of the Collier County Courthouse). i)j) A property ownership disclosure form listing all persons with equitable interests in the application. j)U"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 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 approvals Development Review Division will distribute the package to the following areas for their approval or objection;- (4-) Collier County Public Utilities Engineering & Project Management Division T16-litio 421TEit (29) Collier County Eng-ineer-i Development Review Division — ( Collier County Capital Project Planning, Impact Fees & Program Management Division - Stormwater Review (4_Ll).Collier County Capital Project Planning, Impact Fees & Program Management Division - Transportation DepaAmefit 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. k-)QIf 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-04338/1574837/51 Mar-eh42021 Page 3 of 13 Additions Underline Deletions StfikethF6Ug Packet Pg. 136 16.A.4.k 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 ,✓legal description ana�,f 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 _r'wnefship & (current),: (3) Executed conveyance document, and. (4) Executed subordination documents. 3. Development Review Division will review the petition application for completeness and compliance with this Resolution. Engineering £ervieesDevelopment 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 isar-e 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. The petitioner and all property owners within 250 feet (and others as may be required by tof 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 1themself at the public hearing(s), they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent himthem. 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-04338/1574837/51 Mareh 20442021 Page 4 of 13 Additions Underline Deletions Packet Pg. 137 16.A.4.k 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 €eruest fev4ew-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] Mar -eh 021 Page 5 of 13 Additions Underline Deletions Stf:ikethfoug#� Packet Pg. 138 16.A.4.k 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 Growth Management, Development Review Division, accompanied by a non-refundable application fee (refer to Growth Management, Development Services' � D'.,,.,ning and Regul.,t.a.. 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 (F€-Eee SIMPLE-imple D€E-Deed). 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 of the subdivision. Attachment "B" [20-EIS-04338/1574837/5] Mar -eh 2021 Page 6 of 13 Additions Underline Deletions Strikethfough Packet Pg. 139 16.A.4.k 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 I I" 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 'andse, .i (5) Location of proposed vacation and, if applicable, proposed dedication. g) A sketch and Elegal description of what is to be vacated submitted on 8 %" X I I" paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal de pt: is to be aeeempanied b a sketch f the legal . ese f; fiems Both the sketch vovi aY�ivii. and legal description and sketeh 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&"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-04338/1574837/51 Mar- 2021 Page 7 of 13 Additions Underline Deletions Wig# Packet Pg. 140 16.A.4.k (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 Engineer-ing SefN-�Development Review Division will distribute the package to the following areas for their approval or objection_ (48) Collier County Public Utilities Engineering__& Project Management Division (29) Collier County Engineer-i}g- -Sef Development Review Division— (3LO)Collier County Engif eefing Ser-v eesCapital Project Planning, Impact Fees & Program Management Division — Stormwater Review (411)Collier County Capital Project Planning, Impact Fees & Program Mana eg ment Division — Transportation Depallment 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"aull and yei&" 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 Llegal description and sketehof 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) Attorney's title opinion or certification by a title company (current),? (3) Executed conveyance document, and., (4) Executed subordination documents. Attachment "B" [20-EIS-043 3 8/ 1 S748 3 7/51 M^ -142021 Page 8 of 13 Additions Underline Deletions Strike.w_,...gh Packet Pg. 141 16.A.4.k Development Review Division will review the petition for completeness and compliance with this Resolution. Development 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 isar-e 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 Engi eeFi g gerAee the 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 13iffithemself at the BCC meeting, they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent lthem. 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. 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 r-euse-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 f r request , ev4e.,. 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] Mafeh 2044 021 Page 9 of 13 Additions Underline Deletions £trikethFougk Packet Pg. 142 16.A.4.k 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. 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 Ssection 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 Ernee~Tng Cep •'ices Growth Management, Development Review Division, and it must be accompanied by a non—refundable application fee (refer Attachment "C" (20-EIS-04338/1574837/5] Mafeh 2 021 Page 10 of 13 Additions Underline Deletions StfiCethreagh Packet Pg. 143 16.A.4.k to -Growth Management, Development Services' / Planning and RegttleAie ^urrent 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 (FEE-ee Sl Dimple D€E-Deed 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 t/2' X I I" 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 ed lan'se . i"^ (5) Location of proposed extinguishment and, if applicable, proposed dedication- #)g)A sketch and regal description of what is to be extinguished submitted on 8 't/2" X l l" paper labeled in bold capital letters as EXHIBIT "A". This legal des tien is t Both the sketch and legal description and 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 cony 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) Mar -eh 42021 Page 11 of 13 Additions Underline Deletions Stfiket]IreHc Packet Pg. 144 16.A.4.k i)A property ownership disclosure form listing all persons with equitable interests in the application. g)jLetters of No ObjectionL' 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 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., Engineer-ing cen4eesDevelopment Review Division will distribute the package to the following areas for their approval or objection_- (k8) Collier County Public Utilities Engineering & Project Management Division T tilit;es/P Tl~Tl RD Collier County Efigi_ eer-ing CervieesDevelopment Review Division— Subdivision RevieA (310) Collier County Capital Project Planning, Impact Fees & Program Management Division — Stormwater Review (411) Collier County Capital Project Planning_ Impact Fees & Program Mana eg ment Division — Transportation-Depaftmeat 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 an vei " WTo the extent applicable, where the petitioner desires to exchange er-their 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-04338/1574837/51 Mar -eh 2021 Page 12 of 13 Additions Underline Deletions Stfiketleettgk Packet Pg. 145 16.A.4.k in trust pending the Board's consideration of the requested vacation. The following shall be submitted: (1) A sketch and regal description and sketeh of what is to be dedicated lgpared 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 Tz40-e—title Opinien—opinion or certification by a title company (current).,. (3) Executed conveyance document, and.. (4) Executed subordination documents. 3. Engineer-ing -Sep4eesDevelopment Review Division will review the petition for completeness and compliance with this Resolution. Development 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_"'For exchanges of real property interest is applieablepursuant 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 h�ffithemself at the BCC meeting, they must provide a signed letter or appropriate documentation which authorizes another specific person to represent lthem. -56. 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 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 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] Mar -eh 2 2021 Page 13 of 13 Additions Underline Deletions StfikethFekigh Packet Pg. 146 16.A.4.1 N C O C O Easement to be vacated L L U r c m E t v cv r r Q Packet Pg. 147