Agenda 09/24/2024 Item #17F (Resolution - Petition VAC-PL20240006584, located at 2400 Kirkwood Avenue, Naples, Florida, 34104)9/24/2024
Item # 17.F.
ID#: 2024-783
Executive Summary
This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20240006584, to disclaim,
renounce, and vacate the County and the public interest in the six-foot drainage easement located along the border
between Lots 42 and 43 of Avondale Estate, as recorded in Plat Book 4, Page 45 of the Public Records of Collier County,
Florida, located approximately 400 feet south of Davis Blvd., and 800 feet east of Commercial Drive, in Section 11,
Township 50 South, Range 25 East, Collier County, Florida.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the six-foot drainage easement
located along the border between Lots 42 and 43 of Avondale Estate, as recorded in Plat Book 4, Page 45 of the Public
Records of Collier County, Florida, in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being
more specifically shown in Exhibit “A”.
CONSIDERATIONS: Petition VAC-PL20240006584 has been received from Joseph Arciere, the property owner of
the subject property, to vacate the 6-foot drainage easement located along the border between Lots 42 & 43, of Avondale
Estate, as recorded in Plat Book 4, Page 45 of the Public Records of Collier County, Florida, in Section 11, Township 50
South, Range 25 East, Collier County, Florida.
The property is located at 2400 Kirkwood Avenue, Naples, Florida, 34104. The easements were initially created by the
plat of Avondale Estate to connect Clayton Road (now Kirkwood Avenue) stormwater drainage system to Kirkwood
Lake, which was vacated April 11, 1979, recorded in OR Book 804, page 1915. Since that time, the stormwater pond
has filled in, and the land has been redeveloped. These small drainage easements that were connected to the stormwater
pond should have been vacated at the same time as the pond, but they were not. The drainage easements also prevent the
two lots from property consolidation, thus restricting its ability to be redeveloped under current design standards and
reduces its property values. With the support of the CRA for the vacation, the public benefit portion/component of the
vacation process is being met by a letter of support from the Bayshore CRA Local Advisory Board. The current six-foot
drainage easement has no facilities in it. By vacating the drainage easements, the owner can redevelop and improve his
commercial properties while increasing the value of the surrounding properties and neighborhood.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Community Development Department, Development Review Division staff
has collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of recording and
processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. --DDP
RECOMMENDATIONS: To approve the attached Resolution relating to Petition VAC-PL20240006584, which will
vacate the County and the public interest in the six-foot drainage easement located along the border between Lots 42 and
43 of Avondale Estate, as recorded in Plat Book 4, Page 45 of the Public Records of Collier County, Florida, in Section
11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit “A”, and
directs the Clerk to the Board to record a certified copy of the Resolution in the Public Records and to make a proper
notation of this Resolution on the plat of Avondale Estate, as recorded in Plat Book 4, Page 45, of the Public Records of
Collier County, Florida.
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENTS:
Page 4848 of 4908
1. Application
2. Affidavit of Authorization-Joseph
3. Affidavit of Authorization-Annmarie to Joseph
4. LONO- CRA letter
5. LONO Stormwater
6. 2023-Annual Taxbill paid
7. Plat of Avondale Estate
8. Property Ownership Disclosure Form
9. Resolution 2021-243
10. Zoning Verification Letter
11. Resolution - 2400 Kirkwood Avenue08282024-092528
12. legal ads - agenda ID 29794 (24-783) - VAC-PL20240006584 Avondale Estate Lots 42&43
Page 4849 of 4908
C,Rff;*Qounty
Gro,vh Manaqernent Departrnent
E evnOW- Vacation of Road Right-of-Way, Road Name:
n lVpUef-V"cation of Plats or portions of plats of subdivided land
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
Name of Plat: Lor-a3 Plat Book: o Page(s):45
[7 lvesfUf- fhe extinguishment of public dedicated easements recorded by separate instrument
i1II9 prOti" records (other than on a subdivision plat), platted or unplatted lind,-except for pubticroaos.
Official Record Book: a
APPLICATION FOR VACATING
FLORIDA STATE STATUTES SECTIONS 336.09,336.10, 177.101, and 125.37;
Ordinance No.01-57;
Resolution 2013-166; and
A licable sections of the Collier Cou Land Develo ment Code
APP LICANT CONTACT INFORMATION
Name Of Owner: Joseph Acre,e
Name of Applicant if different than owner:
AddfeSS: 503 Joseph cr #1 City State: Fr llP 1 utot
Telep hOne:23e,263,2s70 Cell:23e.s25-7606 Fax:
E-Mail Address: "-r* .., ^.,.r-
Name of Agent:
Firm:
Address:City:State:ZIP:
Telephone:Cell:Fax:
E-Mail Address:
PROPERTY INFORTMTION
Address of Subject Prope Pafgel lD S ttrz',zaoootrty
Legal Descripti On: Avon& e Lor lgf azano Block Tract
ip/Rang g: 11 l5o lzsSection/Townsh
Current Zoning:
Note:
c.5
1) lf applicant is a land trust, indicate the name of beneficiaries.2) lf-applicant.is a corporation other than a public corporation, indicate the name of theofficers and maior stockholders.3) lf applicjnt is a partnership, limited partnership or other business entity, indicate thename ot Ine onnctoats.4) List all other'owne'rs.
9t1st2021 Page 1 of 3
Page(s) 45
Page 4850 of 4908
c,Rff", C,ouraw
Gro\ /(h f\,'lanagenrent Depafnent
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
E L E c T Ro N I c S U B M I TT A L RE o U I R E M E N T c H E c K L I s T
REQUIREMENTS FOR REVIEW:DOCUMENTS
ELE
REQUIRED REQUIRED
T
fooCmetedcatinodnowoadcuntrre frm o thmpApp Coe nu ty
bwe SI
,|
ressing Checklist signed by Addressing DepartmentAdd 1
Complete application and al ocuments in PDF formatI submittal d
1
Fee Simple Deed 1
Statement explainlng the
vacation
ic benefit from the proposedgeneral publ
1
ec ifirt atec hS owt a Sta ate dn Co nu xta hES VEa b nngee foidtypa
US ectb a rce 1
ssessment map depicting area of proposed vacation 1
List of abutting and oth er property owners within 250 feet of the
osed vacation includin arcel numbertheir address and 1
Site Plan on 8Y2" x '1 1" paper 1
S ek &tch e a d cES o ofn h a S o bes teaca od n %I Xpti 11
a be ed hit ba o Ed xh b S n ed S&ledea h na d o d ita 1
Copy of the recorded subdivision plat 1
orizing representation, if the applicant isn't the ownerLetter Auth 1
Affidavit of Authorization signed and sealed 1
eplacement easement documentations, if applicableR ,|
t re m en ae mSC ent u red bp o e oc u ro eid areqvntyp
rcu nt rnatto TS ole n no Io nOW hers &nv'e mu b na recep ortpp
a tleti mco a
1
co dof co mU en h a ntedtapy con de o edd cated h eovey
emeas nte o th uCo n o I b c Ifo au ocati Sn Eof a mSE ont n 1
of-
Co of od c U enm wh ch nteda npv Io edd ca ed eth R htseyedsWatoheouroubcfortiacanoofRh-of Wa o n
fo
oc m et de roP Own h Dp cS o u Fre ope rm d own ao drtyp rrenufrmmroethuConbste 1
equest (required for AVROW applications only)Reason for R
1
REQUIREMENTS FOR RECORDING:
noU a ro a fo a ca nop s ned thpp seasedpp two oC res ofsp
xE h b eedn o b US bm itted for B rdoa a rova na dpp
reco rd n
1
12113t2021 Page 2 ot 3
This completed checkltst is to be submrtted with the application packet. lncomplete submittals will
not be accepted. For further explanation regarding the requirements for the vacating
Application, and the below checklist, refer to Resolution 2013-.166.
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Page 4851 of 4908
c,Rff*Qouvt xy
GrcM/,lh Managernent D@arfnent
. Application Fee: $2,000.00. Estimated Legal Advertising Fee (to be paid by the applicant in addition to the
application fees at the time of submittal). AVROW: $700 00. AVPLAT: $1,000.00
AVESMT: $1,000.00
2800 North Horseshoe Drive
Naples, Florida 341 04
239-252-2400
ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON'T
REQUIREMENTS FOR REVIEW:ELECTRONIC
DOCUMENTS REQUIRED NOT
REQUIRED
Letters of No Objection from each of the following, as applicable:
Phonei 239-262-1322
les Service CenteroaDElectric Com nv / Florida Power and Lioh tNa
Na les FL34102
1220 5'h Ave North 1
Century Linli/Lumen
l: Sherlene.cleven L men.comer Emai
FL 34105
TT N S erlh ne e eve n s
5J 3 0 IK CSNaftaoRda -263-6234one:
ATTN: Kenneth Stinnett 1
ATTN: Michael Hedbe
3319 E Tamiami Trail,Phone: 239-252-0660
rg
N
Collier Countv Sherriff's Office / Leqal DeDartment
a les FL 34112
1
ATTN: Shawn Hanson, Deputy Chief
2700 N Horseshoe Drjve, Naples, FL 34104 Phone: 239-774-2800
les Fire and Life SafetvDaGreater N
,|{
ATTN: Fire Prevention Bureau an ervtces
Phone: 239-597 -92276495 Taylor Road, Naples, FL 34109
upport
f re Control and RN
1
Email: Xavier Medina@Comcast.com
12600 Westlinks Drive. Ste 4 Fort M
Comcas!/ Xfinity
yers, Ff339'13
ATTN: Xavier Metina I
ATTN. Gino SantaBarbara, Principal Planner
2685 South Horseshoe Drive, Suite 103
Naples, FL 34104 Phonei 239-252-2925
ram Manaqementct Fees & Proqects Plannino. lmoaCapital P
Division
1
I {
1 {
FEES
II
LINKS
lf unfamili rng on po rtal or have questions, please look over our E-permittinq Guide
5t21t2024
pplicanUAgent Signature
Joseph Arciere
Print
12t13t2021
Date
Page 3 of 3
Homeowners Association
Email: Kenneth.stinnett@Lumen.com
T
tr V
n Z
a
n
tr a
Adiacent Propertv Owners
Online Payment Guide can be located: Here
Completed application may be submitted online GMD public portal
Page 4852 of 4908
t.
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
4.-o, ?.-Q (print name), as z2d/rlzz'(title, if
(company, if applicable), swear or affirm
at I am the (choose one)owner _ applicant _ contract purchaser and that
applicable) of
u nder oath, th
J
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;
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;
I 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
The property wrll be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
4
*Notes:
. lf the applicant is a corporation, then it as usually executed by the corp. pres. or v. pres.. lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents shoutd
typically be signed by the Company's "Managing Member.". lf the applicant is a partnership, then typically a partner can sign on behalf of the partnership.. lf the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner" of the named pannership.. lf the applicant is a trust, then they must include the trustee's name and the words "as trustee.". ln each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
5. We/l authorize to act as our/my representative
in any matters regarding this petition including 1 through 2 above
Under pena ury, I declare that I have read the foregoing Affidavit of Authorization and that thefacts s t rue
! 3'2q
gn atu re Date
THEjAREGOT
El"puysrcnl
20 0'/
NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PRESENCE OR D ONLINE NOTARIZATION THIgld OAY OF l1A,/
, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (
,h;.r-s' )NAME OF COMPAT'*) WHO tS
PERSONALLY KNOWN TO ME OR HAS PRODUCED ,..,,J< AS IDENTIFI CATION
Notary pubric - state of f/drr/l
En"o1/l,/
(Notary Seal)
Printed Name
STATE oF f7".to/+couNrYoF-@
Page 4853 of 4908
Page 4854 of 4908
Attachment2-Item5b
CRA Operation's Memo 5b
February 9-2023
TO: CRA-AB
SUBJECT: Drainage vacation request 2400 Kirkwood Avenue
Dear CRA-AB Members,
The proposed drainage easement is 3 feet wide totaling 6-foolwide drainage easements and is an
old component ofthe previous drainage system for that plat. Since that platted time, the County
has filled in the pond, vacated the pond drainage easement and developed over the stormwarer
water pond, and installed a completely new stormwater management system that in no way relies
on these two drainage easements. The drainage easements also fracture the two parcels from
property consolidation thus restricting its ability to be redeveloped under current design
standards and reduces its property values. With support ofthe CRA for vacations the public
benefit portion/component ofthe vacation process can be met by a letter of support by the
Bayshore CRA Local Advisory Board.
sTITE RoAD t!t!
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Richard Orth
Stormwater Project Manager
cRA staff recommendation is for cRA Board to support the 6 fi wide drainage easement
uacation so the property ob'ner can redevelop and improve his commercial pioperties while
increasing the value of his property and to further support the cRA Redevilojment plan.
cLAYTOI{
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h*l- -\"k,
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Attachment2-Page1
Page 4855 of 4908
f ggqpterDebra h <debrah.forester@col liercoun\f l.gov>
To taco ioel6co m.est net Conv GarciaShirlev
FW: Drainage Vacation Easement Request, CRA board motion and
approval-
3:42PM
Mr. Arciere,
on February 9,2023 the Bayshore Gateway Triangle Local Redevelopment Advisory Board,
reviewed your request to vacant the drainage easement as presented. The Advisory Board
voted unanimously to recommend support of your request.
Al Schantzen made a motion to support the request to vacate the 6ft drainage easement in
the middle of the owner's property to encourage redevelopment opportuiities within the
Gateway Triangle Maurice Gutierrez seconded the motion, approved unanimously.
lf you need any further assistance, please let us know. Thank you.
Best Regards,
Debrah
Phone I Bayshore Off ice - 239 -252 -8846 I Ce| :239 - 285 -827 O
Phone lmmokalee Office - 239-867-0025
'^#8J3,Tffi1[air
Eastdrds' r t-pte 103 -
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. lnstead, contact this office by
telephone or in writing.
I
httpsr//connect-xfinity.corn/appsuite/#t!&app=io.ox/mail&folder=delaultO/tNBOX
2113123, 6135 PM
Page 1of 1Page 4856 of 4908
2116123.1122 PM Xfinity Connect FW_ Drainage easemont at 2400 Kirkwood Ave Printout
FW: Drainage easement at 2400 Kirkwood Ave
To tacoioe'l @comcast.net <tacojoel @comcast.net> Copy RomanDaniel <daniel.roman@colliercountyfl.gov> .
JohnssenBeth <bethiohnssen@colliercoun\fi.gov> . GonzalezGeo <geo.gonzalez@mlliercountyfl.gov> . DL-
RM Plan Review <rmplanreview@colliercounM.gov> . ForesterDebrah <debrah.forester@colliercouny.gov>
Dear Mr. Arciere,
The Collier County Stormwater Management Planning Program has reviewed the supporting attached
documents for your request of a letter of no objection (LONO) to the proposed vacation of two (2) parallel
three-foot-wide adjacent property line drainage easements on your lots. Please consider this e-mail as a LONO
to your vacation request as described and supported on the attached documents. This drainage easement
vacation was reviewed and received supporting confirmation from the CRA Advisory Board that this vacation
will consolidate two small split undevelopable properties into a larger property capable of meeting all the new
land development requirements of redevelopment. These small drainage easements were remnants of an old,
platted drainage system that was abandoned, vacated, redeveloped and a new stormwater management
system was built in its replacement. Please contact our program should any of the terms or conditions
supporting this LONO change or wish to be modified.
Since rely,
Rick Orth
Richard Orth, P.G., Sr. Environmental Specialist
Collier County Transportation Management Services Department
Capital Project and lmpact Fees Program Management
Stormwater Management Section
2685 South Horseshoe Drive, Ste 103, Naples, FL 34104
Office 239-252-5092, Cellular 239-634-9024
RichardOrth @CollierGov Net
From: JOSEPH ARCIERE <tacoioel@comcast.net>
Sent: Tuesday, January 24, 2023 1:15 PM
To: OrthRichard <Richard.Orth@colliercountvfl,ggv>
Subject: Drainage easement at 2400 Kirkwood Ave
This email is from an external source. Confirm this is a trusted sender and use extreme caution
when opening attachments or clicking links.
Mr.Orth:
I am interested in vacating the no longer used drainage easement at my property, lwould like
to discuss it with you. I have attached the Zoning Verification Letter and plat for you to review.
Please contact me by email or 239-825-7606 to discuss this.
Thank You,
Joe Arciere
Under Florida Law, e-mail adclresses are public records. lfyou do not want your e{ail address rcleased in response to a public records request, do
nol sehcl electronic mailto this entity. lnstead, contactthis offic€ by telephone or in writing.
Zoningvermcationletter.pdf (890 KB)
CRA Public Benifit.pdf (208 KB)
htFsJ/connect.xfinity.cordappsuiteJv=7.10.&1 8.20221213.O61625lprinthtml?print-1676571738231 Page 4857 of 4908
ForesterDebrah
From:
Sent:
To:
Cc:
Subject:
Attachments:
OrthRichard
Tuesday, January 31, ?0?3 2:17 PM
ForesterDebrah
RomanDaniel; GarciaShirley; JohnssenBeth
FW: Drainage easement at 2400 Kirkwood Ave
Zon ingverificationletter.pdf
Debrah,
This CRA property owner has requested a drainage easement(DE) vacation between two adjacent lots he owns. Each DE
is 3 feet wide totaling a 6-foot wide DE and is an old component of the previous drainage system for that plat. Since that
platted time, the County has filled in the pond, vacated the pond DE, developed over the stormwater water pond, and
installed a completely new stormwater management system that in no way relies on these two DEs. The DEs also
fracture the two parcels from property consolidation thus restricting its ability to be redeveloped under current design
standards and reduces its property values. With support of the CRA for vacations the public benefit portion/component
of the DE vacation process can be met by a letter of support by the Bayshore CRA. Please let me know if any additional
documents or information is needed.
Sincerely,
Rick Orth
From: JOSEPH ARCI ERE <tacojoel.@comcast.net>
Sent: Tuesday, January 24,2023 1:15 PM
To: OrthRichard <Richard.Orth@colliercountyf l.gov>
Subject: Drainage easement at 24OO Kirkwood Ave
This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Mr.Orth:
I am interested in vacating the no longer used drainage easement at my property, I would like to
discuss it with you. I have attached the Zoning Verification Letter and plat for you to review.
Please contact me by email or 239-825-7606 to discuss this.
Thank You,
Joe Arciere
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. lnstead, contacl this office by telephone or in writing.
1
Attachment2-Page2
Page 4858 of 4908
Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
253,965
$2,684.92
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
11/29/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
112
112
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
269,366
253,965
253,965
253,965
253,965
253,965
253,965
269,366
253,965
253,965
WWW-24-00334513
2577.52
22721360007
22721360007
AVONDALE EST LOT 43 AND LOT 42
AVONDALE EST LOT 43 AND LOT 42
Joseph Arciere
813.78
ARCIERE, JOSEPH A & ANN MARIE
503 JOSEPH CT APT 1
NAPLES, FL 34104-9457
ARCIERE, JOSEPH A & ANN MARIE
503 JOSEPH CT APT 1
NAPLES, FL 34104-9457
10.3117
6.68
Receipt #
184.89
380.95
Pay your current taxes online at:
http://www.colliertaxcollector.com/
36.65
605.53
550.58
24.84
24.08
Paid By
56.94
253,965
269,366
0
253,965
0
253,965
0
253,965
253,965
269,366
253,965 0
0
0
0
0
0
0
$2,684.92
253,965
253,965
Page 4859 of 4908
Page 4860 of 4908
C.ounty
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1035 | Emall; GMDClientservices@colliercountyfl.gov
www.colliercounMl.gov
PROPERTY OWNERS}IIP 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. lf 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
p e rce nta e of such interest:
b. lf the property is owned by a RP RATION list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
perce nta e of interest:
c
% of OwnershipName and Address load o *2, I A.c ; <re,//7/,rhr*te A rc erefi)s'alser./ c/4f
/f,r,4?/e3, ft I *t a (
% of OwnershipName and Address
otl2o23 Page 1 of 3
Page 4861 of 4908
C-a e!C.ounty
Growth Management Community oevelopment oepartment
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientservices@colliercountyfl.gov
www,colliercounMl.gov
general and/or limited artners:
e. lf there is a CONTRACT F R PURCHASE with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, benef iciaries, or a rtners:
Date of Contract:
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a cor oration,a rtnersh ip, or trust:
g. Date subject property acquired
I Leased: Term of lease
-
years /months
lf, Petitioner has option to buy, indicate the following:
% of OwnershipName and Address
% of OwnershipName and Address
Name and Address
o7/2023 Page 2 of 3
d. lf the property is in the name of aGENERALoTLIMITEDPARTNERSHIP, llstthe name of the
Page 4862 of 4908
Crounty
Growth Management Community Development Department
2800 North Horseshoe Orive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: 6MDClientservices@colliercountyfl.gov
www.colliercountyf l.gov
Date of option:
Date option terminates: , or
Anticipated closing date:
AFFIRM PROPERTY OWNERSHIP INFORMATION
As the outho zed agent/opplicont for this petition, I attest thot oll of the inlormotion indicoted on this checklist is
included in this submittql pockoge. I understond thot loilute to include oll necessory submittol infotmotion moy
result in the delay of processing this petition.
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department I GMD Portal:
https://cvporta l.coll iercountyf l.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
nt /Owner Signature Date
bte cr9,-€rz/74 -TrAgent/Owner Name (please print)
0712023 Page 3 of 3
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.
4%/
Page 4863 of 4908
RESOLUTION 2021- 243
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING RESOLUTION 2006-160, AS AMENDED, IN
ORDER TO AMEND THE POLICIES AND PROCEDURES
FOR: 1) THE CLOSING AND VACATION OF ROAD
RIGHTS-OF-WAY; 2) THE VACATION AND
ANNULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND; AND 3) THE EXTINGUISHMENT OF
PUBLIC EASEMENTS CONVEYED BY SEPARATE
INSTRUMENT RECORDED IN THE PUBLIC RECORDS
CONVEYANCES OTHER THAN ON A SUBDIVISION
PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT
FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL
PROPERTY.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
pursuant to sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier
County Ordinance No. 2004-31, as amended, and the Collier County Land Development Code, is
authorized to grant or deny vacations and annulments of plats of subdivided land, road rights-of-
way, alleyways, and public dedicated easements conveyed by separate instrument recorded in the
public records, and exchange of real property; and
WHEREAS, the Board, on July 25, 2006, adopted Resolution 2006-160, which
superseded and replaced Resolution 1998-465, establishing the policies and procedures
previously established for the above; and
WHEREAS, the Board, on September 10, 2013, adopted Resolution 2013-166, which
amended Resolution 2006-160, to further amend the policies and procedures previously
established for the above; and
WHEREAS, the Board desires to further amend the policies and procedures for: 1)
closing and vacation of road rights-of-way; 2) vacation and annulment of plats or portions of
plats of subdivided land; and 3) extinguishment of public easements conveyed by separate
instrument records in the public records (conveyances other than on a subdivision plat) on platted
or unplatted land, except for public roads, and exchange of real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. This Resolution amends Resolution No. 2006-160, as amended, as set forth in the
following Attachments.
2. The policies and procedures for the closing and vacation of road rights-of-way are
amended and set forth in Attachment "A", incorporated herein and made part of this
Resolution.
20-EIS-04338/1574837/5] Page 1 of 2
CAO
Page 4864 of 4908
3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment `B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST:BOARD F COUNTY COMMISSIONERS
CRYSTAL"Ify I I IZEL, CLERK COLLI TY, FLORIDA
By 0 ;. v
de.
i L— By:
Atte .as to ' 4 Irma , Deputy Clerk Penny Tayl , Chairman
Approved'a &to.forr and legality:
4i)
erek D. Perry
Assistant County Attorney q/A
Z12,
u\
Attachments:
1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right-of-Way
2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
20-EIS-043 3 8/1 5 74 8 3 7/5] Page 2 of 2
C110
Page 4865 of 4908
p1,L14
V rN
1 AIL
ri I1N`1
Attachment"A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under Ssection 336.09, Florida Statutes, the Board of County
Commissioners (BCC)may:
1. Vacate, abandon, discontinue and close any existing public or private street, alleyway,
road, highway, or other place used for travel, or any portion thereof, other than a state or
federal highway, and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
1. An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division / Planning and Regulation, Engineering Services Section. It must be
accompanied by a non-refundable application fee (refer to Growth Management
Development Services' / Planning and Regulation current fee schedule for the applicable
fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (FEEee SIMPLEimple DEEDeed). If petitioner is
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 1 of 13 Additions Underline Deletions Strkethreugh
O10Page 4866 of 4908
not the owner of the fee simple title, petitioner shall provide a statement
demonstrating the reason for the request including any property or financial interest
or projects affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
g) Site Plan - the site plan must be on 8 Y2" X 11" paper and show all data pertinent to
the proposed vacation,which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures,
5) Location of proposed vacation and, if applicable,proposed dedication-
h) A sketch and blegal description of what is to be vacated submitted on 8 Y2" X 11"
paper labeled in bold capital letters as EXHIBIT "A". This legal description is to bo
accompanied by a sketch of the legal description. Both the legal description and
sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and
have a "Prepared by" block listing the name and address of the Florida Professional
Surveyor and Mapper.
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 2 of 13 Additions Underline Deletions ugh
C)
90Page 4867 of 4908
i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
i)j) A property ownership disclosure form listing all persons with equitable interests in
the application.
ik "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,,
Development Review Division / Planning and Regulation Administrator or his their
designee. Such letters may include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Engineering Services Development
Review Division will distribute the package to the following areas for their approval
or objection:
1-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
29) Collier County Engineering ScrviceJDevelopment Review Division—
Subdivision-Review
310)Collier County Engineering ServiceJCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation Department Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above,then the application is deemed denied.
1011If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 3 of 13 Additions Underline Deletions Strikethretrgh
0Page 4868 of 4908
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) A sketch and Regal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
2) An attorney's title opinion or certification by a title company Ownership &
Encumbrance Report by a title company(current),:
3) Executed conveyance document, and:
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition application
for completeness and compliance with this Resolution.Engineering
ServicesDevelopment Review Division will prepare an appropriate executive summary
and resolution and transmit both documents to the County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to Ssection 336.09, Florida Statutes.
4. Once the time and date of the public hearing isare established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Engineering ServicesDevelopment Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of public
hearing, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50)per additional property owner.
6. In the event that the petitioner for the property in question does not represent lthemself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent h4mthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 4 of 13 Additions Underline Deletions Stfikellifough
Ode)Page 4869 of 4908
notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 5 of 13 Additions Underline Deletions Strikothrough
Page 4870 of 4908
pLLI
G ,
L.
U
Attachment"B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57
2004-31 and the Collier County Land Development Code.
B. POLICY: When a request is in the interest of the general public welfare or no public
detriment is established, the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said countyies, returning the property covered by such plats either in whole or
in part into acreage.
C. PROCEDURE:
1. To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Engineering ServicesGrowth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
Attachment"B" 20-EIS-04338/1574837/5]
March 20132021 Page 6 of 13 Additions Underline Deletions
0VD
Page 4871 of 4908
c) Certificate showing all State and County taxes have been paid for the subject parcel.
Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed vacation and, if applicable,proposed dedication:
g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
description is to be accompanied by a skctch of the legal description. Both the sketch
and legal description and sketch are to be signed and sealed by a Florida Professional
Surveyor and Mapper and have a"Prepared by" block listing the name and address of
the Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
1) Electric Company
2) Telephone Company
Attachment"B" 20-EIS-04338/1574837/5]
March 20132021 Page 7 of 13 Additions Underline Deletions Striketkroug#
JPage 4872 of 4908
3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Engineering ServiceJDevelopment Review
Division will distribute the package to the following areas for their approval or
objection:-
4-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
39) Collier County Engineering ServicesDevelopment Review Division—
Subdivision-Revieweview
310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportations Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void—
f}k If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) Sketch and blegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a"Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,7
2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a
title company (current),.-
3) Executed conveyance document, and:
4) Executed subordination documents.
Attachment"B" 20-EIS-04338/1574837/5]
March 20132021 Page 8 of 13 Additions Underline Deletions Striketltreugli
t)Page 4873 of 4908
3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isae established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineering Servicesthe Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request,then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent h4mthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"B" 20-EIS-04338/1574837/5]
March 20132021 Page 9 of 13 Additions Underline Deletions Strikethreugk
O
vPage 4874 of 4908
j .
6,1
Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
Attachment"C" 20-EIS-04338/1574837/5]
March 20132021 Page 10 of 13 Additions Underline Deletions Str-ilEetlirexgh
GA0Page 4875 of 4908
to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
March 20132021 Page 11 of 13 Additions Underline Deletions Stream
Page 4876 of 4908
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
Attachment"C" 20-EIS-04338/1574837/5]
March 20132021 Page 12 of 13 Additions Underline Deletions Strikethreegh
CAO
Page 4877 of 4908
in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,,.-
2) Attorney's Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"C" 20-EIS-04338/1574837/5]
March 20132021 Page 13 of 13 Additions Underline Deletions StFikethFetigli
CAoPage 4878 of 4908
Growth Management Department
Zonlng Servlce3 Section
iune 10.2022
Joseph & Annmarie Arciere
503 Joseph Court #l
Naples, FL 34104
ZLTR-PL20220003874; Zoning Verification Letter for 2400 Kirkwood Avenue, property ID/Folio
Number: 22721360007 comprising of +l- 0-28 acres in Section ll, Township 50, Range 25 of
unincorporated Collier County.
Mrs. and Mr. Aiciere.
This letter is in response to a zoning verification Letter (ZLTR) Application submitted on or about May
19th,2022. The applicant has requested to veri! whethei the easement is for drainage only and not for
utilities to confirm whether FPL and Comcast cannot be there.
EY CounW
Zoning:
The current zoning atlas, an element ofthe collier county Land Development code (LDC), ordinance 04-
41, as amended, reveals that the subject property is in the Mixed Use Subdistrict ofthe Gateway Triangle
Zoning Overlay (GTZO-MXD) and is zoned Heavy Commercial District (C-5).
Determination:
It is the opinion of staffthat, based on the plat recorded by the Clerk ofthe Circuit Court & Comptroller of
collier county, Florida, the five feet (5') easement at the southerly end ofthe subject property (l;ts 43 and
42) is reserved for utilities whereas the easement dividing the two lots of3 feet (3') on either side is reserved
for drainage purposes. It is possible there have been privately recorded easements since the date of the
plat's approval, February 19, 1957. None ofthe owners ofthese lots dedicated an easement between now
and 1980. Prior to then, a title search with the clerk of courts is necessary for confirmation.
Zonlng Divlslon . 2800 North Hors$hoe Drlw . Napter, FL 341fi . 239-252-2400 . w{,w'dlier@uxfl&$vment 2 - page 3
.f-
Page 4879 of 4908
Zd,nE Yenlica tiot, lit te t
2!LTR-PL2022000J871
KlngstonsealEH*=3l*s bellows Oiqtlaty *rn6d bY b€llows rl' Oate: ZOZZ-.OO.'O t:,lS,gi
' +lm
The information presented in this verification letter is based on the Coltier County LDC and./or GroMh
Management Plan in effect as of this date. tl is possible that subsequent amendment(s) to either of these
documents could affect the validity of this verification letter. It is ilso possible that d'evelopment of the
subject proPerty could be affected by other issues not addrtssed in this letter. such as, but not li.it"d to,
concurrency reiated to the provision of adequate public facilities, environmental impact, and other
requirements oflhe Collier County LDC or r€lated ordinances.
Ihis letter r€presents a determination ofZoning Services Section staff. Should you disagree with this
determination, you may request an Official lnterpretation by the Zoning Director ofthe frovisions ofthe
Land Development code pursuant to sections 1.06.01 .A and 10.02.02.F.1 ofthat code. The fee for an
Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the
Board ofCounty Commissioners. To obtain copies ofany document referenced herein, piiase contact the
GMD Records Section at (239)252-5730 or by email at GMDpublicRecordRequest@c;iliercountyfl.gov.
The LDC may be viewed online at www.municode.com / Municode Library / Ftoriail cottier count|.
Validated ordinances may be viewed online via the cler.k of court,s website, www.collierclerk.com 7
Records search / BMR Records / Boards, Minutes, Records / BMR validated ordinances.
Disclaimer: Issuance ofa development permit by the county does not create any rights on the part ofthe
applicant to obtain a Permil from a state or federal agency and does not create any tiaUitity on the part oft!::gu.rty for issuance ofthe permit if the applicant faili to obtain requisite approvals or fulfill the
oblightions imposed by a state or federal agency or undertakes actionjthar result in a violation of state or
federal law. All other applicable state or federal permits must be obtained before commencement ofthe
development.
Should you require additional information, I encourage you to call my olfice at (2 39) 252-2sgg or contact
me at sean.kingston@colliercountyfl .gov.
Researched and prepared by: Reviewed by:
Raymond Bellows, Zoning Manager
Zoning Services Section
zonlng Dlvblon ' 2800 North Ho.€shoe D.tw. N6prca. FL 34r(x. 23g-252-z,r0o. nw$r.colrercomtyf .gov
Attachment2-Page4
Sean Kingston, Senior Planner
Zoning Division
Page 4880 of 4908
Collier County Property Appraiser
Property Aerial
SiteParcel No 22721360007 Add res
2&O
KIRKWOOD
AVE
Site City jNAPLES Site Zone*Notes*Disclaimer 34112
Attachment2-Page6
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Page 4882 of 4908
RESOLUTION NO. 2024-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORTDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN THE SIX FOOT
DRAINAGE EASEMENT LOCATED ALONG THE
BORDER BETWEEN LOTS 42 AND 43 OF AVONDALE
ESTATE, AS RECORDED IN PLAT BOOK 4, PAGE 45, OF
THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED AT 24OO KIRKWOOD AVENUE,
APPROXIMATELY 4OO FEET SOUTH OF DAVIS
BOULEVARD AND 8OO FEET EAST OF COMMERCIAL
DRTVE, IN SECTION 11, TOWIISHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORID A.1PL202400065841
WHEREAS, pursuant to Resolttion 2021-243, Petitioner, Joseph Arciere, as the fee
simple property owner, has requested the vacation of the County and the Public interest in the six
foot drainage easement located along the border between Lots 42 and 43 of Avondale Estate, as
recorded in Plat Book 4,Page 45 of the Public Records of Collier County, Florida, in Section 11,
Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in
Exhibit "A", attached hereto and incorporated herein by reference; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner's request and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the petitioner's request will not affect the ownership or right
of convenient access of persons owning other parts of the subdivision, nor does the request
invade or violate individual property rights.
NOW, THEREF'ORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public
interest in the six foot drainage easement located along the border between Lots 42 and 43 of
Avondale Estate, as recorded in Plat Book 4, Page 45 of the Public Records of Collier County,
Florida, in Section 11, Township 50 South, Range 25East, CollierCounty, Florida, being more
specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed,
and this action is declared to be in the public interest and for the public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records and to make proper
notation of this Resolution on the plat of Avondale Estate, as recorded in Plat Book 4, Page 45,
of the Public Records of Collier County, Florida.
[24-ErS-0s03 3 I t 884822t 1)Page I of2
CAOPage 4883 of 4908
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this the day of 2024.
ATTEST:
CRYSTAL K. KINZEL, CLERK
BOARD OF COLINTY COMMISSIONERS
COLLIER COLINTY, FLOzuDA
By:
Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
By:
Derek D. Perry
Assistant County Attorney
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor,
Development Review Division.
Attachments:
Exhibit "A" - Sketch and Legal Description
Exhibit "B" - Location-Site Map
[24-Er S-0503 3 t18848221 t)Page2 of2
qoPage 4884 of 4908
E;APINCs A?E 3ASg3 fi\ :FE WES:
LINE OF LOT 4J. EE|NG S OO'1J'50,' E
AS SHO'JJN Oi\ IIE RECOAE PLAT OF
AVONOALE
'SIA1[,
IN PiA] BCO( 4,
FAGE 45 III THT PUELIC RECCEDS OF
COLLIER CO[}N-IY, FLOAJDA
SKETCH OF DESCRIPTION
EXHIBIT "A,
PROPERTY ADDRESS: 2400 KIRKWOOD AVE 0 ,F z0'
SCALE; 1" = 2o'
KIRKTTOAD AVENUE
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("CLAYTDN ROAD" PER PLATX6O' R.OW,)
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sB9'r4'20"W Wi ta A.DigitallyKiRKIVOOD LAKE m
William A.VACAT[' PtB OFIICiAI-Macri d
by
RECORDS BOCK 804, PACI I9I e5,Macrides,
DTSCR PTION PLS
7
r-Ht DRAIryAGE :Aa[,'JENI AS StlOU\ 0N IHE pLAr CF
09:2'1 t29
AYONDALI, ESTATE. AS R'CORD{D IN PLAI BOCI( 4, PAGE 45,
OF THE PUBI!C RECOROS OF CC,I,,I.IER COUNTY, FLORIDA, BEINGINE EAST J f'E'T OF LOT 42. AtiO lHE W'ST 5 FIET OF toi
w-LUAM A.-MAaRIDES, p.Ls. #s621
t'{APLES LAN D SURVEYS L8 8054
4], OF SAID AVOI.]DALE ESTAIE-
coi\iiABltilt3 72c 50uAB.[ FEET, MORE Op Lt:9
I(OI VALIO UNLESS SiGNEC AND SEATEC 8Y
rHE AEOVE NAMED S,RVEYOR AI,ID MAPPER
idlTd SIGNEES EI.i3C59{D EAiSED S!AL
50.00
LAI 42
50.00
o
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6' DRAINAGT EASEMENT
TO BE VACATED
50.00
LOI 4J
50.00
J
BILL tilACRIDES, Li-C d.b.o.
NAPLES LAND SURVEYS
6I01 LANCEWOOD WAY
Noples, Florido 14116
OFFICE: 259-J53-9300
EMAIL bill,mocridestl3Ogmoil.com
SKETCH OF DESCRIPTICN
THIS IS NOI A BOUNDARY SURVEY
FCR: JOESEPH ARCIERE FILE NUMBER: 24.079
qoPage 4885 of 4908
E}GIIBIT "B,'
vAC- PL20240006584
GREY OAXS
(DRD
GOLDEN
R
PROJECT
LOCAT!ON
LAXE AVALo},I
15
NAPTES
EOTANICAL
GARDE}{
5 16 9115567I9'|2 J 4
J4 35 J6J1
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32 J329JO26272A25
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=E.v
CLAYToN ROAD (PLAT) KTRKWOOD AVENUE
4
+J56 46 47444540414237J9
BEING
KIRKWOOD LAKE
vAcATED 4/11/1979
OR BOOK 804 PAGE 1915
4a
LINWOOD AVENUE
STATE ROAD 858
DAVIS BL\D.
UJ
oa
oFFoz
LOCATION MAP Prepared by:
Maicus L. Berman P S M.
Counw Land Survevor
Proles'sional Surveybr & Mapper LS 5086
Crowth Management Department
DeveloDment Review Division
2800 Nbflh I lorseshoe Drive, Naples Florida 34 I 04
SITE MAP
O^{C
J5
NAPLES
AIRPORT
Page 4886 of 4908
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at
9:00 a.m. on September 24, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,
3299 East Tamiami Trail, Naples, FL, to consider:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST
IN THE SIX FOOT DRAINAGE EASEMENT LOCATED ALONG THE BORDER BETWEEN LOTS 42
AND 43 OF AVONDALE ESTATE, AS RECORDED IN PLAT BOOK 4, PAGE 45, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED AT 2400 KIRKWOOD AVENUE,
APPROXIMATELY 400 FEET SOUTH OF DAVIS BOULEVARD AND 800 FEET EAST OF
COMMERCIAL DRIVE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [PL20240006584]
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are
invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10
minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County
staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent
part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments
remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the
link provided within the specific event/meeting entry on the Calendar of Events on the County website at
www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should
be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will
receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is
provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the
meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335
Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
September 4 & 11, 2024
Page 4887 of 4908
Page 4888 of 4908