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Agenda 09/24/2024 Item # 9F (Resolution - Immokalee Road (CR-846)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting September 24, 2024 Move item 17A to 9F: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20230007642 to disclaim, renounce, and vacate 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, 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) (Companion to items 9A & 9B (PL20220003804 and PL20220003805)) (Staff’s Request) Move item 16A2 to 11H: Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060 and Kausil Seepersad for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed $61,020 inclusive of closing costs. (Commissioner LoCastro’s Request) Item 11B to be heard at 10 AM: Recommendation to receive additional information regarding intersection safety and countermeasures that may assist in reducing red light running. (Commissioner Saunder’s request) Add on item 5A: Update on Potential Tropical Cyclone Nine from Dan Summers. Notes: Item 9D: Item 9D is a companion of item 9E. Item 16F4: The Signed Fourth Extension and Amendment was attached after the agenda was published. Item 16F1: Commissioner McDaniel’s Performance Evaluation was attached after the agenda was published. TIME CERTAIN ITEMS: Item 11B to be heard at 10 AM: Recommendation to receive additional information regarding intersection safety and countermeasures that may assist in reducing red light running. 9/23/2024 8:21 PM 9/24/2024 Item # 17.A. ID#: 2024-761 Executive Summary This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20230007642 to disclaim, renounce, and vacate 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, 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) (Companion to items 9A & 9B (PL20220003804 and PL20220003805)) OBJECTIVE: To adopt a Resolution to vacate 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, Florida, located in Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A” of the proposed resolution. 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 landlocked parcels from Sundance Street. The parcels are being combined into one larger parcel, and the 10-foot-wide 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. 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 recording and processing costs of the Petition. GROWTH MANAGEMENT IMPACT: No impact on the growth management plan is associated with this action. LEGAL CONSIDERATIONS: Petitioner is requesting the vacation of 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. The proposed resolution also reserves unto the landowners a private access easement that will be terminated by operation of law upon the merger of the properties’ fee interest title. Pursuant to Resolution 2021-243 and Florida Statutes sections 336.09 and 336.10, the Board with respect to property under their control, upon petition of any person or persons, may adopt a resolution to vacate, abandon, discontinue and Page 4241 of 4908 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 when the following criteria are met: 1. The request is in the interest of the general public welfare, or no public detriment is established; 2. The request does not invade or violate individual property rights; and 3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated or provides a statement demonstrating the reason for the request, including any property or financial interest or projects affected by a granting of such request. 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-PL20230007642, which will vacate 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, Florida, being more specifically shown in Exhibit “A”, and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida. PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division ATTACHMENTS: 1. Application 2. Resolution_vacation - 082624 3. Affidavit of Authorization for JLM Living LLC 4. Affidavit of Authorization for Q Grady Minor 5. Property Ownership Disclosure Form 6. LONO Road Maintenance and Stormwater Management 7. LONOs All 8. Master Site Plan Proposed 9. OR Book 1476 page 242 10. 2022 County Tax Receipt 11. Resolution 2021-243 12. Current Conditions Map 13. Legal Ads - agenda ID 29787 (24-461) - VAC-PL20230007642 Sundance St Page 4242 of 4908 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 1 of 3 APPLICATION FOR VACATING FLORIDA STATE STATUTES SECTIONS 336.09, 336.10, 177.101, and 125.37; Ordinance No. 01-57; Resolution 2021-243; and Applicable sections of the Collier County Land Development Code □AVROW- Vacation of Road Right-of-Way, Road Name: _________________________________□AVPLAT-Vacation of Plats or portions of plats of subdivided land Name of Plat: _____________________________________ Plat Book: ______ Page(s): _________□AVESMT- The extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for publicroads. Official Record Book: _______________________ Page(s) ______________ APPLICANT CONTACT INFORMATION Name of Owner: ____________________________________________________________________ Name of Applicant if different than owner: ______________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: __________________________ Cell: ______________________ Fax: ______________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: _______________________________ City: __________ State: _______ ZIP: __________ Telephone: _________________________ Cell: ______________________ Fax: _______________ E-Mail Address: ____________________________________________________________________ PROPERTY INFORMATION Address of Subject Property: ________________________________ Parcel ID # ____________ Legal Description: ______________________________ Lot ______ Block ______ Tract ______ Section/Township/Range: _____/_____/_____ Current Zoning: _______________________ Note: 1) If applicant is a land trust, indicate the name of beneficiaries.2) If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders.3) If applicant is a partnership, limited partnership or other business entity, indicate the name of the principals.4) List all other owners. AVESMT-X 1476 242 Little Pepper Ranch LLC JLM Living, LLC 3839 Bee Caves Rd., #205 Austin TX 78746 512.583.0055 josh@jlmfinancialinvestments.com Michael J. Delate, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239.947.1144 MDelate@gradyminor.com 2655 Sundance Street 00191600005 See Deed 25 48 26 A (RFMUO-Receiving) Page 4243 of 4908 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 2 of 3 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST This completed checklist is to be submitted with the application packet.Incomplete submittals will not be accepted. For further explanation regarding the requirements for the Vacating Application, and the below checklist, refer to Resolution 2021-243. REQUIREMENTS FOR REVIEW: ELECTRONIC DOCUMENTS REQUIRED NOT REQUIRED Completed Application (download current form from the County website) 1 ܈܈ ܆܆ Addressing Checklist signed by Addressing Department 1 ܈܈ ܆܆ Complete application and all submittal documents in PDF format 1 ܈܈ ܆܆ Fee Simple Deed 1 ܈܈ ܆܆ Statement explaining the general public benefit from the proposed vacation 1 ܈܈ ܆܆ Certificate showing all State and County taxes have been paid for subject parcel 1 ܈܈ ܆܆ Assessment map depicting area of proposed vacation 1 ܈܈ ܆܆ List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number 1 ܈܈ ܆܆ Site Plan on 8½” x 11” paper 1 ܈܈ ܆܆ Sketch & legal description of what is to be vacated on 8½” X 11”, labeled with a bold Exhibit “A” signed & sealed by hand or digitally 1 ܈܈ ܆܆ Copy of the recorded subdivision plat 1 ܆܆ ;; Letter Authorizing representation, if the applicant isn’t the owner 1 ;܆ Affidavit of Authorization signed and sealed 1 ܈ ܆ Replacement easement documentations, if applicable 1 ܆ ܆ If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company 1 ܆ ; A copy of document that granted, conveyed or dedicated the easement to the County or public, for Vacations of Easement only 1 ; Copy of document which granted, conveyed or dedicated the Right- of-Way to the County or public, for Vacation of Right-of-Way only 1 ;܆ Completed Property Ownership Disclosure Form (download current form from the County website)1 ;܆ Reason for Request (required for AVROW applications only)1 ;; REQUIREMENTS FOR RECORDING: Upon approval of application, signed with raised seal, two copies of Exhibit “A” will need to be submitted for Board approval and recording. 1 ;܆ X Page 4244 of 4908 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 3/16/2022 Page 3 of 3 ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON’T REQUIREMENTS FOR REVIEW:ELECTRONIC DOCUMENTS REQUIRED NOT REQUIRED Letters of No Objection from each of the following, as applicable: Electric Company / Florida Power and Light Naples Service Center 1220 5th Ave North Naples, FL 34102 Phone:239-262-1322 1 ;□ Century Link/Lumen ATTN: Kenneth Stinnett Email:Kenneth.stinnett@Lumen.com ATTN: Sherlene Clevenger Email:Sherlene.clevenger@Lumen.com 3530 Kraft Road, Naples, FL 34105 Phone:239-263-6234 1 ;□ Collier County Sherriff’s Office / Legal Department ATTN:Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone:239-252-0660 1 ;□ Greater Naples Fire and Life Safety ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone:239-774-2800 1 ;□ North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services6495 Taylor Road, Naples, FL 34109 Phone:239-597-9227 1 ;□ Comcast / Xfinity ATTN: Xavier Medina Email:Xavier_Medina@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 1 ;□ Capital Projects Planning, Impact Fees & Program Management Division ATTN: Richard Miller, Project Manager, Principal (Licensed) 2685 South Horseshoe Drive, Suite 103Naples, FL 34104 Email:Richard.Miller@colliercountyfl.gov 1 ;□ Adjacent Property Owners 1 □; Homeowners Association 1 □; FEES ƒApplication Fee:$2,000.00 ƒEstimated Legal Advertising Fee (to be paid by the applicant in addition to the application fees at the time of submittal) ƒAVROW: $700.00 ƒAVPLAT:$1,200.00 AVESMT:$1,200.00 LINKS Online Payment Guide can be located:Here Completed application may be submitted online GMD Public Portal If unfamiliar to applying on portal or have questions, please look over our E-Permitting Guide __________________________________ ________________ Applicant/Agent Signature Date __________________________________ Print February 15, 2023 Michael J. Delate,P.E. Page 4245 of 4908 RESOLUTION NO.2021- A RESOLUTION OF THE BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE IO-FOOT-WIDE PUBLIC ROAD RJGHT-OF-WAY EASEMENT OVER THE WESTERLY 10 FEET OF TRACT A.1, AS DESCRIBED IN OFFICIAL RECORD BOOK 1476, PAGE 2,I2, OF THE PUBLIC RECOR-DS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 2,OOO FEET SOUTH OF IMMOKALEE ROAD (CR-846) AND I,OOO FEET WEST OF RICHARDS STREET, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, 1PL2023O0076121 WIIEREAS, pursuant to Resolution 2021-243 and Florida Statutes section 336.09, Petitioner, Michael J. Delate, P.E., of Q. Grady Minor & Associates, P.A., on behalf of the property owners, has requested the vacation ofthe County and the Public interest in the l0-foot- wide public road right-of-way easement over the westerly l0 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", atlached hereto and incorporated herein by reference; and WIIEREAS, at its September 10,2024, regular meeting, the Board of Commissioners, via Resolution No. 2024-_, approved the scheduling of a public hearing on September 24, 2024, pursuant to Resolution 2021-243 ail, Florida Statutes section 336.09(2); and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and WHEREAS' the granting of the petitioner's request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision, nor does it invade or violate individual property rights. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS oF COLLIER couNTy, FLORIDA, that rhe county and public interest in the l0-foot-wide public road right-of-way easement over the westerly l6 feet of Tract A-1, as described in official Record Book 1476, page 242, of the public Rlcords of collierCounty, Florida, located in Section 25, Township 48 South, Range 26 East, collier county,Florida, being more specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest ani for thepublic benefit. [23-EtS-0.1877r I 8.10080,, I ]Page i of2 CAO Page 4246 of 4908 BE IT FURTHER RESOLVED that the abutting property owners Gerald House and Justin House, Edward A. Dinova and Agnes B. Dinova, and Virginia M. Landis, who are affected by and party to the herein described petition, reserye unto their respective underlying prope(ies adjacent to and receiving access by the lands described in Exhibit "A", a private access easement over that land described in Exhibit "A", which shall automatically terminate upon merger of the respective properties by operation of law. 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 of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same. this 24t day of September 2024. ATTEST: CRYSTAL K. KINZEL, CLERK By: Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall, Chairman $v \"{u Attachments: Exhibit "A" - Sketch and Legal Description Exhibit "B" - Location-Site Map [2i-Ers-04877i I 840080/ I ]Page 2 of 2 a<s Page 4247 of 4908 th10'1s-t9L-zz\s1v9t1 ? 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Z, o ?-'. ,1a = zu- z, =n zi: .l 08 llNvoNos z, F-r Page 4248 of 4908 E j E! P .9 3 6p I 3 3 1 zI 5 a ,E E 'a a 9! E A E S=OY 9. 9=) ; 2ESE ^ xlE ;: E!EE6T :!:3Er i.ri EE E E6, >;! l9k2:Y:s;a g!,iEEAx P.'. A rdF v) 0., z HF Uo,l NVNVINfNl-LNtod 0. @c o u s +."orr" o,nUJ z< IUOd)< ISfU e()ooe uJ L]J o = uJ o- z z /A\\u 's_tN c\l+(o -D-7rrO o Eq5EnlHt'trrT ()-. '!t 5H bu 3ddE r! 6l 6 dg L I 1e 8R i-r{6- & EEE E S h B d i! 6 B 5 u BE 3I6 I- 0' E o fll'toc r9 8E E E TIIIE=I I IIffi nI l-r t-ZOO rrJ Fd*tx rJ- I Page 4249 of 4908 Page 4250 of 4908 Page 4251 of 4908 Page 4252 of 4908 Page 4253 of 4908 Page 4254 of 4908 Page 4255 of 4908 Page 4256 of 4908 Page 4257 of 4908 Page 4258 of 4908 Page 4259 of 4908 Page 4260 of 4908 Page 4261 of 4908 Page 4262 of 4908 From:Richard Orth To:Sharon Umpenhour Cc:Derek Perry; Marshal Miller; Beth Johnssen; Brett Rosenblum; Richard Yovanovich Subject:Road Maintenance and Stormwater Management Section LONO to PL20230007642 Vacation for JLM Living East RPUD Date:Thursday, January 11, 2024 4:09:12 PM Sharon Umpenhour, Agent Q. Grady Minor & Associates, P.A. 3800 Viaduct del Ray Bonita Springs, Florida 34134 Dear Ms. Umpenhour, The Collier County Stormwater Management Section and Road Maintenance Division (RM) have no objections to the requested easement vacation within Collier County parcel I.D. 00191600005 as proposed by the supporting documents under Vacation Application PL20230007642 for the JLM Living East RPUD. Please consider this e-mail correspondence as a Stormwater Management Section and RM Letter of No Objection (LONO) to the proposed vacation. If you have any further questions or concerns, please do not hesitate to contact me at any of the links below. Sincerely, Rick Orth Richard Orth, P.G., Plan Reviewer Road, Bridge & Stormwater Maintenance Transportation Management Services 4800 Davis Boulevard 2685, Naples, FL 34104 Desk 239-252-5092 Cellular: 239-315-2025 or 239-634-9024 RichardOrth@CollierGov.Net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 4263 of 4908 November 2, 2022 Sharon Umpenhour Senior Planning Technician Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RE: No objection to Easement Vacation for Parcel Numbers 00191440003 and 00191600005 Dear Sharon, In response to your request to vacate 30’ wide public right-of-way easement and a 10’ wide public road right-of-way easement located on property identified as Parcel Numbers 00191440003 and 00191600005, according to the Collier County Property Appraiser, as presented on the prints sent to this office; LUMEN has no objection, providing LUMEN cable facilities are not in conflict with the vacation of the easements. Please be advised that Lumen has a 12-pair aerial copper cable located in the south right-of way/utility easement paralleling Sundance Street (see attached). The no objection is contingent to Lumen being provided any required easements for relocation of existing facilities that could be affected, along with Lumen being totally reimbursed by owner/developer on the cost of relocating such facilities. If I can be of further assistance, feel free to contact me at 239-920-5935 or email Kenneth.Stinnett@lumen.com. Sincerely, Kenneth Stinnett Local Network Engineer II LUMEN 3530 Kraft Rd, Unit 100 Naples, FL3410 Tel: 239-920-5935 Kenneth.Stinnett@lumen.com Page 4264 of 4908 Page 4265 of 4908 4105 15th Avenue S.W. Naples, Florida 34116 21st, March 2023 Re: No Objection Letter ~ to the proposed Plat Utility Easements Parcel numbers: 00191440003 and 00191600005 Melanie Diaz, Florida Power and Light Company has reviewed your proposed construction on the properties located at Parcel numbers: 00191440003 and 00191600005. Section 25, Township 48, Range 26. Florida Power and Light Company has no objection to the proposed Plate Utility Easements at this location as long as this job at this location will not touch FPL underground and/or overhead existing facilities and will not conflict with any FPL business in the future. This “no objection” is provided with the stipulation that any FPL facilities within easements at this property retain all rights. If you have any questions regarding this matter, please contact me at 239-248-7058. Sincerely, Hector M. Martinez Distribution Engineer Cell : (239) 248-7058 Email: Hector.Martinez2@fpl.com Golden Gate Service Center Please contact me with any questions or concerns. Best way to reach me is via Email. Page 4266 of 4908 Page 4267 of 4908 Page 4268 of 4908 Page 4269 of 4908 April 18th, 2023 Attn: Sharon Umpenhour Grady Minor & Associates RE-LONO - Easement Vacation Application for JLM Living, LLC Collier County Property Appraiser Parcel Numbers 00191440003 and 00191600005 Dear Sharon, Thank you for contacting Comcast regarding your proposed vacation of easement and replat. This is to inform you that Comcast does not have facilities within the site’s development area. We have no objection to your plans at this location. If Comcast facilities are found and/or damaged within the area as described, the Applicant will bear the cost of repairs of said facilities. If you have any further question or concerns, please do not hesitate to contact me at If you have any further question or concerns, please do not hesitate to contact me at (941) 914-7814. Sincerely, David Lescrynski Manager, Construction SWFL 12600 Westlinks Dr. Suite #4 Fort Myers, FL 33913 Cell (941) 914-7814 David_Lescrynski@Comcast.com Page 4270 of 4908 Page 4271 of 4908 Page 4272 of 4908 Page 4273 of 4908 Page 4274 of 4908 Page 4275 of 4908 15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE: PRESERVE ZONED: A (RFMUO-RECEIVING LANDS) USE: CHARTER SCHOOL ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE: RESIDENTIAL15' WIDE TYPE 'B' LANDSCAPE BUFFERZONED: A (RFMUO-RECEIVING LANDS) LAMORADA (PB 59, PG 1-15) USE:RESIDENTIAL ZONED: A (RFMUO-RECEIVING LANDS) LAMORADA (PB 59, PG 1-15) USE:GOLF COURSE IMMOKALEE ROAD 25' VENTANA POINTE LBE 30' PUBLIC ROAD ROW (OR2116 PG2240) E1 E210' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) POTENTIAL VEHICULAR/PEDESTRIAN INTERCONNECTION SUNDANCE STREET R R R R R R R AA R R R R R R R LAKE R LAKE LAKE EMERGENCY ACCESS ONLY PRESERVE FUTURE CAT BUS STOP SHELTER EASEMENT (APPROXIMATE LOCATION) HATCHED AREA LIMITED TO SINGLE STORY HOMES GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 300'150' SCALE: 1" = 300' LEGEND: R RESIDENTIAL AA AMENITY AREA E#EASEMENT (SEE NOTE SHEET) Page 4276 of 4908 GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 NOTES 1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE REQUIREMENTS OF A TYPE 'B' BUFFER, A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. DEVIATIONS (SEE EXHIBIT E) NO DEVIATIONS REQUESTED EASEMENT INDEX: E1 - 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305, PG 3751) - TO BE VACATED E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG 242), (OR736, PG516) AND (OR 5305, PG 3751) SITE SUMMARY TOTAL SITE AREA: 37.2± ACRES RESIDENTIAL:23.57± ACRES (63%) AMENITY AREA:0.66± ACRES (2%) LAKE:1.92± ACRES (5%) PRESERVE:9.3± ACRES (25%) BUFFERS:1.3± ACRES (4%) SUNDANCE ST:0.45± ACRES (1%) RESIDENTIAL:MAXIMUM 305 MULTI-FAMILY RENTAL DWELLING UNITS OPEN SPACE: REQUIRED:50% (CONSISTENT WITH THE JLM LIVING EAST RESIDENTIAL OVERLAY) PROVIDED:50% (WITHIN THE PUD) PRESERVE: REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%) PROVIDED: 9.3± ACRES Page 4277 of 4908 Page 4278 of 4908 Page 4279 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: 199,085 $2,917.49 Please Pay Please Pay $0.00 $0.00 If Paid By If Paid By CONSERVATION COLLIER $230.82 C.C. WATER POLLUTION CTRL PGM COLLIER MOSQUITO CONTROL SCHOOL BOARD - LOCAL BOARD UNINCORP GEN - MSTD GREATER NAPLES FIRE RESCUE DIS WATER MANAGEMENT FUND-SOUTH FL GENERAL FUND SCHOOL BOARD - STATE LAW 11/09/2022 BIG CYPRESS BASIN 2022 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments 2022 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments Solid Waste 44 44 3.5645 2.2110 2.2480 0.0948 0.0978 0.8069 0.0293 0.1609 1.5000 Nov 30, 2022 Nov 30, 2022 0.2500 312,132 199,085 199,085 199,085 199,085 199,085 199,085 312,132 199,085 199,085 WWW-23-00225837 230.82 2800.79 00191600005 00191600005 25 48 26 S1/2 OF E1/2 OF W1/2 OF SE1/4 OF NE1/4 5 AC OR 1476 PG 242 25 48 26 S1/2 OF E1/2 OF W1/2 OF SE1/4 OF NE1/4 5 AC OR 1476 PG 242 shannon pertchik 709.64 LITTLE PEPPER RANCH LLC 165 CHANNEL DR NAPLES, FL 34108 LITTLE PEPPER RANCH LLC 165 CHANNEL DR NAPLES, FL 34108 19013 District 1 Garbage 10.9632 5.83 Receipt # 160.64 298.63 Pay your current taxes online at: http://www.colliertaxcollector.com/ 32.03 701.67 690.12 19.47 18.87 Paid By 49.77 199,085 312,132 0 199,085 0 199,085 0 199,085 199,085 312,132 199,085 0 0 0 0 0 0 0 $2,686.67 199,085 199,085 Page 4280 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 4281 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 4282 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 4283 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 4284 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 4285 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 4286 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 4287 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 4288 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 4289 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 4290 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 4291 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 4292 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 4293 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 4294 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 4295 of 4908 Easement to be vacated. Page 4296 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 Tamiami Trail East, Naples, FL, to consider: RESOLUTION NO. 2024-____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 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] 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: Sara Morales, Deputy Clerk September 4, 2024 Page 4297 of 4908 Page 4298 of 4908