Agenda 10/22/2024 Item #17B (Resolution - Approve Petition to diclaim, renounce and vacate the County and public interest in a portion of Pelican Bay Improvement District Drainage Easement)10/22/2024
Item # 17.B
ID# 2024-1005
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-PL20220008282, to disclaim,
renounce and vacate the County and the public interest in a portion of the Pelican Bay Improvement District Drainage
Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790, Page 1803, of the Public Records of Collier County,
Florida, located approximately 420 feet west of the intersection of Pelican Bay Boulevard and Gulf Park Drive, in
Section 4, Township 49 South, Range 25 East, Collier County, Florida, and to accept Petitioner’s grant of replacement
drainage easements.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the Pelican Bay
Improvement District Drainage Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790, Page 1803 of the
Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 25 East, Collier County,
Florida, being more specifically shown in Exhibit “A,” and to accept Petitioner’s grant of replacement drainage
easements.
CONSIDERATIONS: Petition VAC-PL20220008282 has been received by the Development Review Division, Growth
Management Department, requesting to vacate a portion of the Pelican Bay Improvement District Drainage Easement
(P.B.I.D.D.E.), as recorded in Official Record Book 790, Page 1803 of the Public Records of Collier County, Florida,
located in Section 4, Township 49 South, Range 25 East, Collier County, Florida. The County acquired its interest in the
P.B.I.D.D.E., as recorded in Official Record Book 790, Page 1803, through Resolution 1991-216, which transferred title
to all property and property rights of the Pelican Bay Improvement District to the County. The applicant now seeks to
vacate a portion of this easement in order to perform common area renovations and expand the pool deck. After
Hurricane Ian, the vacated portion of the easement will allow redevelopment of a part of the subject property. The
expansion into the easement will allow development of land that otherwise is not used for any use other than
stormwater. There are no known county drainage facilities or pipes within the existing drainage easement that are
proposed to be vacated. The compensating stormwater easement area will make up for that encroachment on an
area/volume basis. An equal volume of drainage easement displacement will be replaced in another area on the site. This
new volume will provide the same benefit to the public by having it in the same proximity. There is no public detriment
associated with this vacation because adequate replacement easements are being provided as part of the vacation to
accommodate future stormwater needs, and there will be no adverse impact on adjacent property owners. Letters of No
Objection have been received from Collier County Capital Project Planning and the Crown Colony Village Association,
Inc. A letter from the Army Corp of Engineers has been received stating “No Permit Required” (NPR). The
Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management 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: Petitioner is requesting vacation of a portion of the Pelican Bay Improvement District
Drainage Easement (P.B.I.D.D.E.), as recorded in Official Records Book 790, Page 1803 of the Public Records of
Collier County, Florida, pursuant to Resolution 2021-243 and Florida Statutes Sections 125.01 and 125.37. The Board
of County Commissioners may adopt resolutions to 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 when the following criteria are met:
1. Public benefit is established, or no public detriment is established.
2. The Petitioner owns the fee simple title to the whole or that part of the parcel on which a public or County
dedicated easement is sought to be extinguished.
Page 6803 of 7162
10/22/2024
Item # 17.B
ID# 2024-1005
This item has been approved as to form and legality, and requires a majority vote for Board approval. --DDP
RECOMMENDATIONS: To approve Petition VAC-PL20220008282, to disclaim, renounce, and vacate the County
and the public interest in a portion of the Pelican Bay Improvement District Drainage Easement (P.B.I.D.D.E.), as
recorded in Official Record Book 790, Page 1803, of the Public Records of Collier County, Florida, located in Section 4,
Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit “A,” directs the
Clerk to the Board to record a certified copy of the Resolution in the public records of Collier County, Florida, and to
accept Petitioner’s grant of replacement drainage easements.
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENTS:
1. Resolution 090524
2. Affidavit of Authorization
3. Affidavit of Title
4. Application
5. Property Ownership Disclosure Form
6. Plat of Pelican Bay PB 13 Page 35
7. Email from Pelican Bay Foundation
8. LONO Collier County Stormwater Dept
9. LONO Crown Colony
10. LONO from ABB on behalf of Collier County and PBSD
11. LONO St Marissa Condo Association
12. OR 790 page 1803
13. OR 5808 page 1395
14. PBID to Collier County-Reso 1990-335
15. Drainage Easement Replacement
16. 2024-Annual-bill paid
17. Resolution 2021-243
18. legal ad - agenda ID 24-1005 - VAC-PL20220008282 St. Marissa at Crown Colony
Page 6804 of 7162
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 A PORTION OF THE
PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE
EASEMENT (P.B.I.D.D.E.), AS RECORDED IN OFFICIAL
RECORD BOOK 790, PAGE 1803, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED
APPROXIMATELY 420 FEET WEST OF THE
INTERSECTION OF PELICAN BAY BOULEVARD AND
GULF PARK DRM, IN SECTION 4, TOWNSHIP 49
souTH, RANGE 25 EAST, COLLIER COUNTY, FLORTDA.
!PL202200082821
WHEREAS, pursuant to Resolutton 2021-243, Petitioner, Michael J. Delate, P.E., of Q.
Grady Minor and Associates, LLC, on behalf of the fee simple property owner, has requested the
vacation of the County and the Public interest in a portion of the Pelican Bay Improvement
District Drainage Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790,Page 1803,
of the Public Records of Collier County, Florida Located in Section 4, Township 49 South,
Range 25 East, Collier County, Florida, being more specifically shown in Exhibit "A", attached
hereto and incorporated herein by reference; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner's request and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the petitioner's request will not affect the ownership or right
of convenient access of persons owning other parts of the subdivision, nor does it invade or
violate individual property rights, and is in the benefit of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public
interest in a portion of the Pelican Bay Improvement District Drainage Easement (P.B.LD.D.E.),
as recorded in Official Record Book 790,Page 1803, of the Public Records of Collier County,
Florida, in Section 4, Township 49 South, Range 25 East, Collier County, Florida, being more
specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed,
and this action is declared to be in the public interest and for the public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of this Resolution in the Public Records of Collier County,
Florida.
[23-Er S-0480 61 18862121 r)Page 1 of2
cho
Page 6805 of 7162
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this22nd day of October 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:
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
[23 -ErS-0480 6 I 1886212t rl Page 2 of2
QePage 6806 of 7162
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DATE:29 NOVEMBER 2022
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PROPERTY DESCRIPTION
A PARCEL OF LAND LYINC IN LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5808,
PAGE 1395, OF THE PUBLIC RECORDS OF COLLIER COUNI/, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
C0MMENCINC AT THE NORTHEAST CORNER 0F SA|D t-ANOSl THENCE ALONG THE EAST
LINE OF SAID LANDS SOUTH J6'OO'59'' EASI, FOR 262,14 FTET TO THE POINT OF
EEGINNINC OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE ALONG SAID EASI LINE SOUTH J6OO'59" EAST, FOR ,IJ7.97
FETT;
THENCE DEPARTING SAID EAST LINE SOUTH 5J59'34'' WESI, FOR JO.OO FEET TO AN
INTERSECTION WITH THE WEST LINE 0F SAID LANDS: THENCE ALONG SA|D WEST LINE
NORTH 36'00'59" WEST, FOR 13'1.49 FEEI; THENCE DEPARTTNC SA|D WESI L|NE NORIH
53'05'10" EAST, FOR 1J.42 FEET; THENCE NORTH J558'28' |4,EST, FOR 6.00 FEEI;
IHENCE NORTH 5JOs'IO" EASI. FOR 16.59 FEEI IO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
CONTAINING 4,052 SOUARE FEET. MORE OR LESS.
NOTES:
I. BF1RINGS SHOWN HEREON ARE EASED ON THE STAIE PI-ANE COORDINATE SYSTEM
ESTAELISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, ,IgEJ
DATUM \IJITH 201.I ADJUSIMENT OBIAINED UTILIZINC RIK GPS OBSERVATIONS ON
THE FDOT NETWORK AND REFER TO THE EASI LINI OF LANDS DESCRIEED IN
OFFICIAL RECORDS BOOK 5808, PAGE 1395, OF THE PUBLIC RECORDS OF COLLIER
COUNI/. FLORIDA, BEING S 36'00'53" E-2. DIMENSIONS SHOWN HEREON AfiE IN U,S. SURVE'Y FEET AND DECIMALS THEREOF.3. THIS SKETCH ANO DESCRIPTION IS NOT VALID WITHOUI THE ORIGINAL SIGNATURE
AND SEAL OR THE DIGIIAL SIGNATURE AND DIGITAL SIAL OF A LICENSED FLORIDA
SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SKETCH &
DESCRIPTION MAP ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF
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REVTSED TABELS (5 / 26 / 2023)
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SKETCH AND DESCRIPTION
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Landscape Archl[ects
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EXHIBIT ''A"
VACATION OF A PORTION OF
OFFICIAL RECORDS BOOK 790, PAGE 1814
LYING IN
SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA 1
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LOCATION MAP Preoared bv:
Maicus L. bennan P S.M.
Countv Land Surveyor
Proleslsional Survevbr & Maooer LS 5086
Growth Managemdnt Commirhity Development Department
Develooment Review Division
2800 )rforth Horseshoe Drive, Naples Florida 34 104
PARCE. S
Y
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Page 6815 of 7162
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 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 public roads.
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 theofficers and major stockholders.3)If applicant is a partnership, limited partnership or other business entity, indicate thename of the principals.4)List all other owners.
Page 6816 of 7162
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 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
X
X
X
X
X
Page 6817 of 7162
2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400
11/7/2022 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 Services 6495 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 Orth Email:Richard.Orth@colliercountyfl.gov 2685 South Horseshoe Drive, Suite 103 Naples, FL 34104
1 □ □
Adjacent Property Owners 1 □□
Homeowners Association 1 □□
FEES
Application Fee: $2,000.00
Estimated Legal Advertising Fee (to be paid by the applicant in addition to the
application fees at the time of submittal)
AVROW: $700.00
AVPLAT: $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
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1
Kim Scher
From:Pete Emidy <pemidy@eecon-inc.com>
Sent:Wednesday, September 6, 2023 3:36 PM
To:Michael Delate
Cc:Daniel Hutchins
Subject:FW: St. Marissa - Vacation of Easement
Mike,
Please see email below from Lisa Warren from Pelican Bay FoundaƟon. Maybe I wasn’t clear. Appreciate your opinion
on this one.
Pete Emidy | President
5688 Strand Ct. | Naples, FL 34110
P: 239.495.1900 x801 | F: 239.495.3901 | C: 239.777.9695
pemidy@eecon‐inc.com | www.eecon‐inc.com
From: Lisa Warren <LWarren@pelicanbay.org>
Sent: Wednesday, September 6, 2023 3:29 PM
To: Pete Emidy <pemidy@eecon‐inc.com>
Cc: Daniel Hutchins <dhutchins042260@gmail.com>; pdiberardino@comcast.net
Subject: RE: St. Marissa ‐ Vacation of Easement
Good aŌernoon…
Unfortunately, the FoundaƟon does not issue leƩers of no objecƟon. You will need to reach out to the County and get
the necessary documentaƟon from them to proceed.
Lisa
_|át
Lisa Warren, CAM
Director of Design Review & Covenants
Pelican Bay Foundation, Inc.
801 Laurel Oak Drive, Suite 102
Naples, Florida 34108
Page 6823 of 7162
2
Office: 239‐597‐8081, ext. 230
Direct Line: 239‐799‐6299
“A Guaranteed Quality Customer Experience"
***** The information transmitted is intended only for person or entity to which it is addressed and may contain confidential and/or
privileged material. If the reader of this message is not the intended recipient, you are hereby notified that you have received this
message in error and that any review, dissemination, distribution or copying of this message including any attachments is strictly
prohibited. If you received this in error, please contact the sender and delete the material from any computer. *****
From: Pete Emidy <pemidy@eecon‐inc.com>
Sent: Tuesday, August 22, 2023 2:13 PM
To: Lisa Warren <LWarren@pelicanbay.org>
Cc: Daniel Hutchins <dhutchins042260@gmail.com>; pdiberardino@comcast.net
Subject: [EXTERNAL] St. Marissa ‐ Vacation of Easement
Hi Lisa,
Mike Delate from Q. Grady Minor is preparing documents for easement of vacaƟon for the area west of the building per
aƩached document.
The county is requesƟng a leƩer from Pelican Bay FoundaƟon acknowledging no objecƟon to the proposed vacaƟon
easement.
Will you provide this leƩer?
I appreciate the consideraƟon and look forward to hearing from you soon.
Pete Emidy | President
5688 Strand Ct. | Naples, FL 34110
P: 239.495.1900 x801 | F: 239.495.3901 | C: 239.777.9695
pemidy@eecon‐inc.com | www.eecon‐inc.com
Page 6824 of 7162
1
Bikash Basnet
From:Richard Orth <Richard.Orth@colliercountyfl.gov>
Sent:Wednesday, January 31, 2024 4:35 PM
To:Bikash Basnet
Cc:Michael Delate; Marshal Miller; Beth Johnssen; Lorraine Lantz; Michael Sawyer
Subject:Letter of No Objection for Drainage Easement Relocation
Attachments:Vacation of Easement Exhibit.pdf; Site Plan.pdf
Bikash Basnet, P.E.
Project Manager
Q. Grady Minor & Associates, P.A.
3800 Viaduct del Ray
Bonita Springs, Florida 34134
Dear Mr. Basnet,
The Collier County Stormwater Management SecƟon and Road Maintenance Division (RM) have no objecƟons to the
requested drainage easement (DE) vacaƟon and proposed DE replacement as depicted on the aƩached supporƟng
documents. Please consider this e-mail correspondence as a Stormwater Management SecƟon and RM LeƩer of No
ObjecƟon (LONO) to the proposed DE vacaƟon and replacement DE. This e-mail doesn’t consƟtute an approval for a DE
VacaƟon as an easement vacaƟon applicaƟon would sƟll need to be submiƩed and approved by the Collier County
Growth Management Department. If you have any further quesƟons 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
TransportaƟon 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 6825 of 7162
1
Pete Emidy
From:PHILIP DIBERARDINO <pdiberardino@comcast.net>
Sent:Thursday, August 24, 2023 11:50 AM
To:Lisa Warren; Pete Emidy; Daniel Hutchins
Subject:Crown Colony vacation of easement Saint Marissa
Attachments:Revised Easement Exhibit and calculation.pdf
To whom it may concern,
The Crown Colony Association has no objection to the proposed vacation of easement on the St
Marissa property per the attached drawing prepared by
Q. Grady Minor and Assoc.P.A. dated November 2022.
If you have any questions or require additional information, please contact me.
Philip DiBerardino
President
Crown Colony Association
Page 6826 of 7162
K:\2022\22-0130 Pelican Bay Svcs Div - Prof Eng Svcs (2022-2023) REF PN 21-0203\Correspondences\Documents\St Marissa DE
Vacation\Basnet Ltr 5.24.23.docx
May 24, 2023
Via email to BBasnet@gradyminor.com
Mr. Bikash Basnet, P.E.
Project Manager
Q. Grady Minor & Associates, P.A.
6150 Diamond Centre Ct., Ste. 1003
Fort Myers, FL 33912
Re: St. Marissa at Crown Colony Drainage Easement Vacation and Replacement
Application for Vacating PL20220008282
ABB PN 22-0130
Dear Mr. Basnet:
We reviewed the Vacation of Easement exhibit, survey, and sketch and descriptions A, B, C, and
D, affecting the Pelican Bay Improvement District Drainage Easement (P.B.I.D.D.E.), recorded in
the Collier County Official Records Book 790, Page 1814. Portions of the existing easement are
proposed to be vacated with replacement easements to provide at least equal or more stormwater
storage volume within the revised easement area.
On behalf of Collier County and the Pelican Bay Services Division, we have no objection to the
proposed Vacation and replacement of a port of the P.B.I.D. drainage easement as depicted in the
provided plans and exhibits. The use and rights of said easement shall be maintained as stated in
the Grant of Easement document (O.R. Book 790, page 1814.
Please contact our office if you have any further questions.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
James A. Carr, P.E.
Senior Vice President
JAC/kg
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i-'
l'
Ji'
1
J JUNE 19, 1990
RESOLUTION NO. ~5
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, EXERCISING ITS ABILITY
TO SUCCEED TO THE POWERS, RIGHTS, DUTIES, FUNCTIONS,
AND OBLIGATIONS OF THE PELICAN BAY IMPROVEMENT DISTRICT.
WHEREAS, the Pelican Bay Improvement District, in Collier
County, Florida, was created by Chapter 74-462, Laws of Floridal
and
WHEREAS, the Board of County Commissioners has found that it
is in the public interest of all the citizens of Collier County to
move forward with succession to the powers, right., duties,
functions and obligations of the Pelican Bay Improvement District I
and
WHEREAS, Chapter 74-462, Laws of Florida, expressly
contemplates and provides for such succession by the County
Commission of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD or COUNTy
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Having reviewed and considered, among other things, the
reports ot Hole, Montes, , Associates, Inc. and ot the County'.
staff, the County Commission hereby finds that the utility
improvement and development facilities, works, or systems
authorized by Chapter 74-462, Laws of Florida, have been
constructed and established as functional, viable and p~aductive.
2. Having reviewed and considered, among other thing.,
t_timony offered at prior public meetings, the reports of Hole,
Montes, , Associates, Inc. and of the County's staff, the County
Commission finds that the County, either through a county-wide
district or through its Board of Commissioners, can provide water,
aewer, irrigation water, right-ot-way maintenance and water
management services to Pelican Bay as efflciently as the Pelican
Bay Improvement District Board of Supervisors, at a level of
quality equal to that delivered by the Pelican Bay Improvement
District Board of Supervisors, and at a cost equal to the actual
cost for which the Pelican Bay Improvement District Board of
Supervisors will have to charge Pelican Bay Improvement District
Users for the provision of similar services.0005G
BP-cp-/~"'A.I
Page 6855 of 7162
JUNE 19, 1990
3. The Board of County Commissioners has caused a mutual
agreement to be executed between the County and any guarantor, if
any, of the bonded indebtedness incurred pursuant to ths
provisions ot Cha~ter 74-462, Laws or Florida. Further, Collier
County Resolution No. 90-328 and all mutual agreements identified
or authorized therein are hereby re-adopted, ratified and
confirmed.
4. The County declares and agrees, in any and all evente,
to maintain inviolate so long as they exist in law or equity the
legal and equitable rights, powers, and interests Of each and
every bondholder and any and all bond financing procedures
authorized specifically by Chapter 74-462, so long as they exist
in law or equity and pursuant to the terms and provisions of those
certain bond sale agreements applicable thereto. The County
hereby declares its intention to agree and does so agree to abide
by all the covenants and conditions in the Pelican Bay Improvement
District bond resolutions, and finds, based upon a study of the
Pelican Bay Improvement District's system, that succession as
contemplated by Chapter 74-462, Laws of Florida, and this
Resolution will have no adverse effect on the Pelican Bay
Improvement District bondholders.
5. Section 4(1)-(3) of Chapter 74-462, Laws of Florida,
having been fully satisfied and addressed, the (Jounty deolarss, in
its sole discretion and pursuant to Chapter 74-462(4) (b), Laws of
Florida, and applicable legal authority, its election, effective
immediately, to suoceed to the povers, rights, duties, functions
and obligations of the Pelican Bay Improvemant District, and
directs the Board of Supervisors of the Pelican Bay Improvement
District to abide with this declaration.
6. The County hereby declares and directn that Pelican Bay
Improvement District Board of Supervisors are hf!reby dismissed,
without further compensation, since no actual or practical
authority or usefulness remains with that body.
e tt.., (.. /1.. /1-. ~
J0057
2
Page 6856 of 7162
JUNE 19, 1990
7. The County hereby declares that all contracts of the
Pelican Bay Improvement District for supplies, services, and other
things of value shall remain in force until such time as the Board
of County Commissioners shall determine otherwise appropriate;
that all public Pelican Bay Improvement District employees shall
remain in the employ of the Pelican Bay Improvement District until
such time as the Board of County Commissioners shall determine
otherwise appropriate; that all fees, charges, as~essmentB, taxes
and other rates of revenues shall remain unchanged until the Board
of County Commissioners shall otherwise determine appropriate; and
that any and all activities related to the issuance of long term
obligation notes and bonds be suspended until such time as the
Board of County Commissioners shall otherwise determine
appropriate.
8. The County hereby declares, appoints, and authorizes its
County Manager, or his designee, as the County administrator
having the final and ultimate staff authority and responsibility
for the day to day administration, direction, and supervision of
all employees, whether exempt, non-exempt, contract, or otherwise,
and all other affairs of the Pelican Bay Improvement District
until such time as the Board of County Commissie,ners shall
otherwise determine appropriate.
9. The County hereby declares, appoints and authorizes its
County Attorney, or his designee, as lead, counsel having the final
and ultimate authority and responsibility for the day to day
administration, direction, and supervision of the Pelican Bay
Improvement District's legal counsel, whether general or special,
and all other legal affairs of the Pelican Bay Improvement
District until'such time as the Board of County Commissioners
shall otherwise determine appropriate. Further, the County
Attorney, or his designee, is authorized to initiate, defend or
respond to or direct the Pelican Bay Improvement District's
counsel to initiate, defend or respond to any legal or
administrative action necessary to carry out the objectives Of
this Resolution.
9a-~/"'A. .3
O{)05S3Page 6857 of 7162
JUNE 19, 1990
10. The County hereby declares, appoints, and authorizes the
Clerk of the Circuit Court of Collier County, Florida, or his
designee, as the County clerk and accountant having the final and
ultimate authority and responsibility for the day to day
administration of the financial and record keeping affairs of the
Pelican Bay Improvement District until such time as the Board of
County Commissioners shall otherwise determine appropriate.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED: June 19, 1990
ATTEST:
JAMES C. GILES, Clerk
r""~;~ ~~C.
J'''''''',
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r?.}
COMMISSIONERS
F
OF
BY:
Approved as to form and
al SUfficienpy:
o/44_b_L~.<-vr_.t: -I f - '7"
ASB stant County Attorney
RBS/""/1111
l~
To( ,-.":":
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J0059
Page 6858 of 7162
JUNE 19, 1990
FORM 8B MEMORANDUM OF VOTING CONFLICT FORCOUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERSMIDt:l~."'AME NAME OF 104.0. COUNClL. COMMISSION. AUlltOlITY. 0.. COMMmu
Collier County Board of County Commissioners'
THE IA().t.lo. COUNCIL. COMMISSION. AUTHORITY. 0& COMMlrrEl ONWHll"H I stav.. IS A UNIT OF:
01 y XJt."OUNTT I I O'IliU I.o<:At AGENCY .
1:: 0." POLITICAL SUIUIYlSlOtl:
l'OUN'rr
ColI ler
DlU'I ON "'HICH mnt on.1JUED
Jun. 19 1990 MY t'OSITIONIS:
xx EllE.CTlYt APPOIHT1YE.
WHO MUST FILE FOIlM II
This (onn is for use by an)' person servinc ,J.t the county, city, or other local1c'I"cl of 100000mc:nt on l.Ilappointed or eJected board.council. commission. authority, or commiutc. 1, applies equally to members of advisory and non.advisory bQdia wboare presa'llcdwithIvolincconflictofintemlulld~r Sccliun.I12.3I,u. Florida Statutes. The rcquiremel\ts or this law are lDIDdatory; aJtboqhtheuseotthispa,icular form is nOI rtquictd by law"rou are encouriilacd to use it in makinc the disclosure requirtd by law.
Your responsibiliries under the law when faced wirh I measure in which you have a connia of intetnt will vary pndy dcpmdlna'on wh~her you hold an elective orappoinlive pashion. For this reason, please pay close auention to the innruaions on this rorm .~before completin& the rC'Vtrse side and filinlthe (orm.
INSTRUCTIONS FOil COMPLIANCE WITH SECTION 112~143, FlOIlIDA STATUTlS ' f'ELECTED OFFICERS: . , ,"
A penon holdinl c1CC1h. cou~ry, munidpIl, or oth.r local public orne. MUST ABSTAIN rro"; votinl on I meosure which inu...' Itohissp<<:ial prh'Zte ,ain. mh local orru::u also is prohibited from knowinaly \'odn, on a measure which inures to the spccfal ',Ilainof . principaJ (other than a .ovemtnent alcncy) by whom he is retained.::
n tilhtr case, )'OU should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly Slalinlro rh. ass.mbly rh. nlrure or your ;nr....11D ,h. measure' OIlwhichyouareabstainincfromvolin&: and
WITHIN Il DAYS AFTER THE VOTE OCCURS by completing and filinlrhi. form with 'h. penon ...ponsibl. for recordl..,the minwcs of the merlin., who should incorporate the form in the minutes.. .
APPOI:'iTED OFFICERS:
A person holdina appointive county, municipal. or other local f'lublic offil:e MUST ABSTAIN from valin. on I melSure whichmum10hisspecialprivategain. Each local officer also is prohibited (rom knowinlty varina on a measure which InuRS to the.....special ,ain of a principal (other than a 1000rnment leenc)') by whom he is retained. .
A person holding an appointive 1000al office otherwise may panidp:m: in a matter in which he has. conOla of intern I. but mustdisclosethenatureoftheconnh,1. before makin. an>' atlemp1to inOuence Ihe decision by oral or wriuen communication, whetbermadebytheofficerorathisdirection. .
IF YOU INTEND TO \IAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH'THE VorE Will BE TAKEN:
You should complete and file Ihis form (berore making any anempt 10 innuence the dtcisionJ with the penon responsible rorrecordinltheminUltSofIhemeelinl. who will incorporat~ the rorm in the minutes.
A copy o( Ihe (orm should be prO\'ided immedi:ucl). 10 lhe olher m!=,mbers of the aaeney.
J . . The (orm should be read publicly af Ihe medina prior to consideration of lhe mailer In which you have. conflict of InlcrnLt"
1~" '''It..\I_II I'I.U.
O~/~A. S-J(JOGO
Page 6859 of 7162
I, Michael J. Volpe
haeby disclose that on June 19 9019_:
JUNE 19, 1990
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETINO:You should disclose orally Ih~ nalure of your conniet in the measure before panlcipltlnl.You should complctotho ronn and filo it within 15 days ar.orlho VO'O <XCurs with 'ho person responsiblo rorrO<O>dinB 'ho minutes
or the meetin.. who should incorporale Ihe form in Ihe minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
a) A masure came or will come be'rore my I.mcy which (check one)
inured 10 my special prince pin: or
IDurnltO the special sain or Quarles and.Brady
by whom I am r.:alned.b) The measure before my a.col.')' and the nalure of my inleresl in lhe measure is as (allows:
Requisite resolution for the Board' of COunty Commi'8io~r8 of COlli~r COunty. Florida ~oexerciaeitsabilitytosucceedtothepowers. rights, duties, functiona, and obligationaofthePelicanBayImprovementDistrictpursuanttoChapter74-462~'L8wa of Florida.
r
Silnllure
L',;
i;:~'" June 20. 1990
plle Filed
t,NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAIWRE TO MAKE ANY REQUIREDDISCLOSURECONSTITUTESGROUNDSFORANDMAYBEPUNISHEDBYONEORMOREOFTHEFOLLO\\'INO:
IMPEACH~IENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,OOO.
p~/f'-~.~
T
JtJ()GI
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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:
100
$0.97
Please Pay
Please Pay
$0.00
$0.00
CONSERVATION COLLIER
If Paid By
If Paid By
PELICAN BAY MST & BU
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
NNF/NORTH COLLIER FIRE CONTROL
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
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
79
79
100
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.0000
Sep 30, 2024
Sep 30, 2024
0.0857
100
100
100
100
100
100
100
100
100
100
0.00
66380806007
66380806007
PELICAN BAY UNIT 3 A PORT OF
PARCEL "T" AS DESC IN OR 5808
PG 1395
PELICAN BAY UNIT 3 A PORT OF
PARCEL "T" AS DESC IN OR 5808
PG 1395
0.02
0.32
0.2242
ST MARISSA CONDOMINIUM ASSOC
6573 MARISSA LOOP
NAPLES, FL 34108
ST MARISSA CONDOMINIUM ASSOC
6573 MARISSA LOOP
NAPLES, FL 34108
9.8974
0.00
0.07
0.10
Pay your current taxes online at:
http://www.colliertaxcollector.com/
0.01
0.22
0.20
0.01
0.01
0
0.01
100
100
0
100
0
100
0
100
100
100
100 0
0
0
0
0
0
0
100
$0.97
100
100
Page 6866 of 7162
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 6867 of 7162
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 6868 of 7162
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 6869 of 7162
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 6870 of 7162
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 6871 of 7162
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) A sketch and Regal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
2) An attorney's title opinion or certification by a title company Ownership &
Encumbrance Report by a title company(current),:
3) Executed conveyance document, and:
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition application
for completeness and compliance with this Resolution.Engineering
ServicesDevelopment Review Division will prepare an appropriate executive summary
and resolution and transmit both documents to the County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to Ssection 336.09, Florida Statutes.
4. Once the time and date of the public hearing isare established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Engineering ServicesDevelopment Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of public
hearing, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50)per additional property owner.
6. In the event that the petitioner for the property in question does not represent lthemself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent h4mthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment"A" 20-EIS-04338/1574837/5]
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notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment"A" 20-EIS-04338/1574837/5]
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pLLI
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L.
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Attachment"B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57
2004-31 and the Collier County Land Development Code.
B. POLICY: When a request is in the interest of the general public welfare or no public
detriment is established, the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said countyies, returning the property covered by such plats either in whole or
in part into acreage.
C. PROCEDURE:
1. To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Engineering ServicesGrowth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
Attachment"B" 20-EIS-04338/1574837/5]
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c) Certificate showing all State and County taxes have been paid for the subject parcel.
Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed vacation and, if applicable,proposed dedication:
g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
description is to be accompanied by a skctch of the legal description. Both the sketch
and legal description and sketch are to be signed and sealed by a Florida Professional
Surveyor and Mapper and have a"Prepared by" block listing the name and address of
the Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
1) Electric Company
2) Telephone Company
Attachment"B" 20-EIS-04338/1574837/5]
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3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Engineering ServiceJDevelopment Review
Division will distribute the package to the following areas for their approval or
objection:-
4-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
39) Collier County Engineering ServicesDevelopment Review Division—
Subdivision-Revieweview
310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportations Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void—
f}k If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) Sketch and blegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a"Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,7
2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a
title company (current),.-
3) Executed conveyance document, and:
4) Executed subordination documents.
Attachment"B" 20-EIS-04338/1574837/5]
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3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isae established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineering Servicesthe Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request,then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent h4mthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"B" 20-EIS-04338/1574837/5]
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6,1
Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
Attachment"C" 20-EIS-04338/1574837/5]
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to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
Attachment"C" 20-EIS-04338/1574837/5]
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in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,,.-
2) Attorney's Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
Attachment"C" 20-EIS-04338/1574837/5]
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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 October 22, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299
East Tamiami Trail, Naples, FL, to consider:
RESOLUTION 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 A PORTION OF THE
PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT (P.B.I.D.D.E.), AS RECORDED IN OFFICIAL
RECORD BOOK 790, PAGE 1803, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED
APPROXIMATELY 420 FEET WEST OF THE INTERSECTION OF PELICAN BAY BOULEVARD AND GULF PARK
DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20220008282]
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 allotte d 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 comm ents
remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register th rough 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 partici pation is
provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional informat ion 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 w hich
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 entitle d, at no
cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locate d 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: _____________, Deputy Clerk
October 2 & 9, 2024
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