Agenda 11/12/2024 Item #17D (Resolution - Scheduling a public hearing to consider vacating the County and the publicinterest in a portion of Hickory Wood Drive )11/12/2024
Item # 17.D
ID# 2024-1550
Executive Summary
Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the County and the public
interest in a portion of Hickory Wood Drive, depicted as a 60-foot right-of-way easement labeled 5TH. AVE. N.W.
between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of
Collier County, Florida, located approximately one-half mile south of Vanderbilt Beach Road, in Section 4, Township 49
South, Range 26 East, Collier County, Florida. (VAC-PL20220004451)
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2021-243, the Board of
County Commissioners must authorize a public hearing to consider the vacation of the County and public interest in any
public road right-of-way.
CONSIDERATIONS: The Development Review Division has received a request to vacate the County and the public
interest in a 60’ x 391’ portion of the road easement known as Hickory Woods Drive, depicted as a 60-foot right-of-way
easement labeled 5TH. AVE. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book
9, Page 45, of the Public Records of Collier County, Florida, in Section 4, Township 49 South, Range 26 East, Collier
County, Florida.
The Applicant currently holds title to properties located north and south of the road easement to be vacated. The specific
segment of Hickory Wood Drive currently serves these properties but no others; as such, the property owner constructed
a fence and gate across the roadway. Per the Collier County Right-of-Way (ROW) Manual (Resolution 2016-136),
"fencing that encloses public property or that indicates public property is being used for private purposes will not be
permitted to be placed in a public right-of-way" (Section II.A.11). Due to complaints, a code enforcement case
(CEROW20220001483) was subsequently opened for the fence within the ROW. Approval of this petition will resolve
the open code enforcement case.
By vacating this segment of Hickory Wood Drive, the public road segment will be converted to private ownership,
which will relieve the County of its historical maintenance obligation and related ongoing maintenance costs. Also, the
owner will leave an Access, Drainage, and Utility Easement in place over the vacated portion of Hickory Woods Drive
and, as a public benefit, grant the County additional Right-of-Way on the east side of the owner’s properties along
Logan Blvd, which are necessary for future roadway and drainage improvements along Logan Blvd. The hearing will be
advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2021-
243, and the adjoining property owners will be given notice as well. The Development Review Division has reviewed
this petition and found no reason for objection.
FISCAL IMPACT: The $2,000.00 application fee covers staff reviews and processing. The applicant is also
responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. –DDP
RECOMMENDATIONS: To adopt a Resolution scheduling a public hearing to consider vacating the County and the
public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right-of-way easement labeled 5TH. AVE.
N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public
Records of Collier County, Florida, located approximately one-half mile south of Vanderbilt Beach Road, in Section 4,
Township 49 South, Range 26 East, Collier County, Florida. (VAC-PL20220004451)
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
Page 5147 of 5419
11/12/2024
Item # 17.D
ID# 2024-1550
ATTACHMENTS:
1. Resolution to Set Hearing date
2. Application 09182024
3. Property Ownership Disclosure Form
4. Warranty Deed North Parcel
5. Warranty Deed South Parcel
6. Plat GGE U95
7. Affidavit of Authorization Woodward Pires & Lombardo
8. Drainage Access & Utility Easement Documents
9. LONOs All
10. 2023 Paid Tax reciept North Parcel West
11. 2023 Paid Tax reciept South Parcel
12. 2023 Paid Tax reciept North Parcel East
13. Site Plan - Prepared
14. Resolution 2021-243
Page 5148 of 5419
RESOLUTION NO. 2024 -
A RE,SOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
DECLARE A PUBLIC HEARING TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE
PUBLIC INTEREST IN A PORTION OF HICKORY WOOD
DRIVE, DEPICTED AS A 6O.FOOT RIGHT OF WAY
EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS
11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS
RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. THE
SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE
OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE,
IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORTD A. 1PL2022000445U
WHEREAS, pursuant to Resolution 2021-243, petitioner Zachary W. Lombardo, Esq.,
of Woodward, Pires, & Lombardo, P.A., on behalf of the property owner, has requested the
vacation of the County and the Public interest in a portion of Hickory Wood Drive, depicted as a
60-foot right of way easement labeled 5th. Ave. N.W. between Lots I I and 12, Golden Gate
Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier
County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County,
Florida, being more specifically described in Exhibit "A", attached hereto and incorporated
herein by reference; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing, and vacating the County's interest in the
above road easement in accordance with Sections 336.09 and 336.10, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No.
2021-243 in a regular session of the Board of County Commissioners, a public hearing to
consider disclaiming, renouncing and vacating the County's interest in the above described road
easement will be held on the 10th day of December, 2024 at 9:00 a.m., or as soon thereafter as
practical, in the Boardroom, 3'd Floor, Administration Building, Collier County Government
Center, 3299 Tamiami Trail East, Naples, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 12th day of November 2024.
[Signature Page to FollowJ
122 -EtS-o 47 3 7 I 1 89 3 s26 I t)Page 1 of2
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Page 5149 of 5419
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legality:
N
Derek D. Perry
Assistant County Attorney
BOARD OF COLINTY COMMISSIONERS
COLLIER COUNTY, FLOzuDA
By
Chris Hall, Chairman
Attachments:
Exhibit "d" - Sketch & Description
Exhibit "B" - Location-Site Map
[22 -ErS -047 3 7 I t 89 3 s26 I 1]Page 2 of2
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Page 5150 of 5419
Exhibit "A"
Sketch & Description
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Page 5151 of 5419
EXH!BIT A
ALSO KNOWN AS
NUMBER
OFFICIAL RECORDS BOOK
PUT BOOK
PAGE
POINT OF BEGINNING
s00't 9'10"w 30 00'---
HICKORY WOOD DRIVE
N89'40'50"W 420 26'
NE CORNER TRAC,| I I
In
N89'40'50"W
NORTH 1E692' OF 1RACT II
PARCEL NO 4tE2044tOO2
oR 5788. PG 2939
TFIACT 11
GOLDEN GATE ESTATES UNIT NO.95
PIAT BOOK 9, PACE 45
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GOLDEN GATE ESTATES UNIT NO.95
PUT BOOK 9, PAGE 45
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DESCRIPTION
A PARCEL OF UND BEING A PART OF TRACT II AND TRACT 12,
GOLDEN CATE ESTATES UN NO 95, AS RECORDED IN PUT BOOK
9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICUURLY DESCRIBED AS FOLLOWS:
COMMENCINC AT THE NORTHEAST CORNER OF SAID \RACT I 1
THENCE NORTH 89'40,50" WEST ALONG THE NOR\H LINE OF SAID
TRACT II FOR IOSOO FEET TO THE POINT OF BEGINNINC OF THE
HEREIN DESCRIBED PARCEL;
THENCE SOUTH OO'19'IO'' WEST DEPARTING SAID NORTH LINE FOR
30 OO FEE| TO AN INIERSECTDN WITH THE SOUTH LINE OF A 60
FOOT WIDE ROADWAY EASEMENT AS SHOWN ON SAID PUT OF
GOLDEN GATE ESTATES UNIT NO 95:
THENCE NORTH 89'40'50'' WEST ALONG SAID SOUTH LINE FOR
420 26 FEET TO TO AN INIERSECTION WITH THE WEST UNE OF
SAID TRACT I I;
THENCE NORTH OO'28'J5'' WEST ALONG THE WEST LINE OF SAID
TRACT II AND THE WEST LINE OF SAID TRACT 12 FOR 600I FEE|
TO AN INTERSECTION WITH THE NORTH LINE OF SAID 60 FOO| WIDE
ROADWAY EASEMENT;
THENCE SOUTH 89'40'50" EAST ALONG SAID NORTH LINE FOR
421 IO FEET;
THENCE SOUTH OO'19,1O,, WEST DEPARTNG SAID NORTH LINE FOR
30 OO FEET TO THE PONT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
CONTAINING O 58 ACRES, MORE OR LESS.
L - NOTES
I- BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF
TRACT II, GOLDEN GATE ESTATES UNIT NO,95, AS RECORDED IN PUT
BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNN, FLORIDA AS
BEING NORTH 66'40,50'' WEST.
2. DIMENSIONS SHOWN
DECIMALS THEREOF,
HEREON ARE IN U,S. SURVEY FEET AND
J. TH6 SKETCH AND DESCRPTDN S NOT VALID WITHOU\ THE ORIGINAL
SICNATIJRE AND SEAL OR THE DIGITAL SIGNATURE AND AGITAL SEAL OF
A LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADDITIONS OR
DELENONS TO THIS SURVEY MAP ARE PERMITTED WITHOUT THE
EXPRESSED WRITTEN CONSENT OF THE SIGNING
EASEM€NT
PB 9, PG 45
I
WEST I5O, OF TRACT 12
PARCEL NO 4t620520004
oR 5852. PG 3770
.THIS IS NOT A SURVEY*
30' DRAINAGE EASEMENT
PB 9, PG 45
TRACT 12, LESS WEST I5O'
PARCEL NO 4t820480005
oR 5852, PG 3770
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Bonlia Sprlngc: 239.947.1 I 44 wvw.GtadyMlnor.com SortMyers: 239.690.4380
SKETCH AND DESCRIPTION
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PART OF TRACT 11 AND 12
GOLDEN GATE ESTATES UNIT NO. 95
PLAT BOOK 9, PAGE 45
LYING IN
SECTION 4, TOVVTISHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
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Exhibit "B"
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Page 5153 of 5419
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LOCATION MAP Prepared b1,:
Marcus L. Berman P S M
Countv Land Survevor
Floridl Survevor &Maooer LS 5086
Growth Mana-gement D'eirartmenr
Development Review Division
2800 North Horseshoe Drive. Naples Florida 34104
SITE MAP
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Page 5154 of 5419
Vacating (VA).docx 7/23/2024 Page 1 of 3
Growth Management Community Development • Development Review
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
VACATING (VA) □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 – 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):
Florida Statute 117.101, 125.37, 336.09, & 336.10, as amended; Ordinance 01-57, as amended; Resolution 2021-243, as amended, and LDC 10.02.04 G.
GMCD Public Portal
Land Development Code
Administrative Code
Name of Owner:
Address: City: State: ZIP:
Phone: E-Mail Address:
Name of Agent: Firm:
Address: City: State: ZIP:
Phone: E-Mail Address:
Name of Applicant (if different than owner or agent):
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.
Address of subject property:
Parcel #: Section/Township/Range: / /
Subdivision: Unit: Lot: Block:
Legal Description:
Current Zoning: Current Land Use:
Applicant Contact Information
Project Information
Page 5155 of 5419
Collier County
Vacating (VA).docx 7/23/2024 Page 2 of 3
Growth Management Community Development • Development Review
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
The following Submittal Requirement checklist is to be utilized at time of application submittal.
Incomplete submittals will not be accepted. Documents shall be submitted electronically.
REQUIREMENTS FOR REVIEW: REQUIRED
Application Form ☒
Cover Letter, including a statement explaining to the general public the benefit for the
proposed vacation ☒
Addressing Checklist ☒
Affidavit of Authorization ☒
Proof of Ownership, including a copy of the fee simple deed ☒
Property Owner Disclosure form ☒
Proof of Paid State and County taxes for subject parcel. ☒
Site Plan, in 8 ½ in. X 11 in. format ☒
Sketch and Legal Description, signed & sealed, showing what is to be vacated, in 8 ½ in. X
11 in. format and labeled (in bold) “Exhibit A” ☒
Assessment map depicting area of proposed vacation ☒
List of abutting and other property owners within 250 feet of the proposed vacation
including their address and parcel number ☒
Copy of Recorded Plat, if applicable ☐
Replacement easement documentations, if applicable ☐
If replacement easement is required by Collier County, provide a current attorney’s Title
Opinion or ownership & encumbrance report by a title company ☐
Copy of the document that granted, conveyed, or dedicated the easement to the County or
public (For AVESMT only) ☐
Copy of document which granted, conveyed or dedicated the Right-of-Way to the County or
public (For AVROW only) ☐
Reason for Request (For AVROW only) ☐
Real Property Transfer Information Sheet ☐
Copy of recorded easement to any other State/Federal agency (SFWMD, FDEP, ACOE) and
correspondence (for conservation easements only) ☐
Letters of No Objection, as applicable:
Electric Company / Florida Power and Light Naples Service Center
1220 5th Ave North
Naples, FL 34102 Phone: 239-262-1322 ☐
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
☐
Collier County Sherriff’s Office / Legal Department
ATTN: Michael Hedberg
3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 ☐
Greater Naples Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief
2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 ☐
Submittal Requirement Checklist
Page 5156 of 5419
Collier County
Vacating (VA).docx 7/23/2024 Page 3 of 3
Growth Management Community Development • Development Review
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
REQUIREMENTS FOR REVIEW: REQUIRED
North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services
6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 ☐
Comcast / Xfinity ATTN: Xavier Medina Email: Xavier_Medina@comcast.com
12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 ☐
Road, Bridge and Stormwater Maintenance Division
ATTN: Road Maintenance Email: RoadMaintenance@colliercountyfl.gov 4800 Davis Boulevard, Naples, FL 34104 Phone: 239-252-8924 ☐
Adjacent Property Owners ☐
Homeowners Association ☐
Requirements for Recording
If approved: Two copies of Exhibit A, signed and sealed, for Board Approval and Recording. ☐
☐Application Fee: $2,000.00 $
☐Estimated Legal Advertising Fee: (in addition to application fees)$
o AVROW: $700.00
o AVPLAT: $1,200.00
o AVESMT: $1,200.00
Fee Subtotal $
Pre-application fee credit, if applicable $
Total Fees Required: $
_____________________________________________ _________________
Applicant/Agent Signature Date
Fee Calculation Worksheet
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDClientServices@colliercountyfl.gov
/s/ ZACHARY W. LOMBARDO 09/18/2024
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ATTACHMENT 1 PROPERTY INFORMATION
Address of Subject Property: _______________________________ Parcel ID # _________
Legal Description: ______________________________ Lot ____ Block _____ Tract ____
Section/Township/Range: _____/_____/_____
Current Zoning: _______________________
Note:
Address of Subject Property: _______________________________ Parcel ID # _________
Legal Description: ______________________________ Lot ____ Block _____ Tract ____
Section/Township/Range: _____/_____/_____
Current Zoning: _______________________
Note:
Address of Subject Property: _______________________________ Parcel ID # _________
Legal Description: ______________________________ Lot ____ Block _____ Tract ____
Section/Township/Range: _____/_____/_____
Current Zoning: _______________________
Note:
Page 5160 of 5419
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
Page 5161 of 5419
d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
Page 5162 of 5419
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of processing this petition.
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
/S/ Zachary W. Lombardo 6/26/2024
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Prepared by and return to:
Michelle L. Sweet, Assnt Mngr
Collier County
Transponation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34'104
lspace above for recording data]
PROJECT: 90000 - Developers
PARCEL: 222DUE
FOLIO: 41820480005 & 41820520004
DRAINAGE, ACCESS, AND UTILITY EASEMENT
THIS EASEMENT is granted this _ day of _,2024, by WEJ,JR,LLC, a Florida
limited liability company, whose mailing address is 501 Goodlette Road, 8204, Naples, Florida,
34102 (hereinafter collectively, "Grantor''), in favor of COLLIER COUNTY, a political subdivision
of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the
County Attorney, Suite 800, Naples, FL 34112 (hereinafter, "Grantee").
(Wherever used herein the terms "Granlo/'and "Granlee" include all the parties to this instrument and their
respective heirs, legal representalives, successors, and assigns. Grantor and Grantee are used for singular or plural,
as the contexl requires-)
RECITALS
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 5852,
Page 3770, Public Records of Collier County, Florida.
B. Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive drainage, access, and utility
easement (the "Easement") encumbering the portion of Grantor's property described on Exhibit
"A" attached hereto (the "Easement Area").
The Easement shall be for drainage, access, and utility purposes and includes the right to
enter upon and use the Easement Area to a) construct, operate, maintain, repair, replace, and
remove (i) canals, ditches, swales, earthen berms, rip-rap, retaining walls and other retaining
systems, underground pipes, irrigation lines and other types of water control structures and
facilities; and (ii) County utilities and, with the Grantee's prior written consent, public and/or private
utility facilities including, without limitation, facilities for electricity, gas, communication cables; all
at Grantee's sole discretion; with County having no obligation or responsibility for maintenance
and b) place, excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and
other materials and improvements, including the removal and disposal of any and all property,
real and/or personal, not owned by Grantee to the extent it interferes with Grantee's rights
hereunder, without liability to the owner of such property; all as deemed necessary or appropriate
from time to time by Grantee.
The easement rights granted to Grantee are subject to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement
"running with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor's successors-in-title.
Grantor represents that Grantor's property is not a homestead property, nor is it contiguous
thereto.
1
Page 5170 of 5419
lN WTNESS WHEREOF, Grantor has executed this instrument on the day and year first above
written.
Wtnesses WEJ,JR,LLC, a Florida limited liability
company
Signature (Wtness 1)WILLIAM E. JONES, JR., President
Printed Name
Post Office Address
Signature (Witness 2)
Printed Name
Post Office Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of E physical presence
or ! online notarization this
-
day of
-,
2024, by WILLIAM E. JONES, JR., as
President of WEJ,JR,LLC, a Florida limited liability company, on behalf of the company, who:
_ is personally known to me;
OR
-
produced E a driver's license, OR
(affix notarial seal above)
Approved as to form and legality
DEREK D. PERRY, ESQ.
Assistant County Attorney
Signature of Notary Public
as identification
Printed Name
Serial / Commission # (if any)
My Commission Expires
2
Page 5171 of 5419
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\Page 5172 of 5419
Prepared by and return to
lr4ichelle L Sweet, Assnt Mngr
Collier County
Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34104
[space above for recording data]
PROJECT: 90000 - Developers
PARCEL: 222RDUE2
FOLIO: 41820480005
ROAD RIGHT-OF.WAY, DRAINAGE, AND UTILITY EASEMENT
THIS EASEIVENT is granted this _ day of _, 2024, by WEJ,JR,LLC, a Florida
limited liability company, whose mailing address is 501 Goodlette Road, 8204, Naples, FL 34102
(herernafter "Grantor"), in favor of COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney,
Suite 800, Naples, FL 341 12 (hereinafter, "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, legal representatives, successors, and assigns. Grantor and Grantee are used for singular or plural,
as the context requires.)
RECITALS
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 5852,
Page 3770, Public Records of Collier County, Florida.
B. Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive road right-of-way, drainage access,
and utility easement (the "Easement") encumbering the portion of Grantor's property described
on Exhibit "A'' attached hereto (the "Easement Area").
The Easement shall be for road righlof-way, drainage access, and utility purposes and
includes the right to enter upon and use the Easement Area to a) construct, operate, maintain,
repair, replace and remove (i) roadways, driveways, curbs, sidewalks, bike paths, walking trails,
bus shelters, lighting, and all structures and other improvements ancillary to any of the foregoing,
for use by the general public to the extent same is maintained as such; (ii) canals, ditches, swales,
earthen berms, rip-rap, retaining walls and other retaining systems, underground pipes, irrigation
lines and other types of water control structures and facilities; and (iii) public utilities and, with the
Grantee's prior written consent, private utility facilities including, without limitation, facilities for
electricity, gas, communication cables; all at County's sole discretion; and b) place, excavate,
use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and
improvements, including the removal and disposal of any and all property, real and/or personal,
not owned by Grantee to the extent it interferes with Grantee's rights hereunder, without liability
to the owner of such property; all as deemed necessary or appropriate from time to time by
Grantee.
The easement rights granted to Grantee are subJect to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement
"running with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor's successors-in{itle.
Grantor represents that Grantor's property is not homestead property, nor is it contiguous
thereto.
1
ovc
Page 5173 of 5419
lN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first
above written.
WEJ,JR,LLC, a Florida limited liability company
Witnesses:
By
Signature (Witness 1)WILLIAM E. JONES, JR., President
Printed Name
Post Office Address:
Signature (Witness 2)
Printed Name
Post Office Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of ! physical presence
or n online notarization this
-
day of
-,2024,
by WILLIAM E. JONES, JR., as
President of WEJ,JR,LLC, Florida limited liability company, on behalf of the company who:
_ is personally known to me;
OR
_ produced ! a driver's license, OR E
Signature of Notary Public
Printed Name
Serial / Commission # (if any):
(affix notarial seal above)My Commission Expires
Approved as to form and legality:
DEREK D. PERRY, ESQ.
Assistant County Attorney
as identification.
Last Rc!iscd 7/5./l
OF,
Page 5174 of 5419
IJDORAVIII8Y
TJDCHECKED BY:
JOB CODE
SCALE
05/30i2023DATE:
23-144 SDFILE
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Y WOOD DRIVE
PUI BOOX 9, PACT 15
TE-ROW
9t18t23
JO, DRAINACE EASEUENT
PB 9, P6 15
tfEsr t50 0F tRAcr t2
PARCEL NO. 11820520001
oR 5452, PG 3770
fRACr 12. L'SS N/ESI tso
PARCEL NO 4 t A201AOOO5
oR 5452, PG J770
3eIt
$R
TRACT 12
GOLDEN GATE ESTATES UNIT NO. 95
ALSO KNOWN AS
NUIIBER
OFFICIAL RECORDS SOOK
PUT EOOK
PAGE
POINT OF 8'6INNING
TRACT 1 1
NORIH tA6-92 0F IRAC| tt
PMCTL NO. 11AZO11|OO2
oR 57AA, PG 29J9
GOLDEN GATE ESTATES UNIT NO. 95
PUT BOOK 9, PAGE 45
222RDUE2 pdc DESCRIPTION
t2 A PARCEL OF UND STING A PART OF IRACT 12, GOLDEN CA\T
€STAfES UNIT NO. 95, AS R€CORDTD IN PUI qOOK 9, PAGE 15,
PUALIC RECOROS OF COLLIER COUNTf, FLORIM, B€ING NOR€
PARTIC UIARLY O€SCRIBFO AS FOLLOWS:
N89'40'50'w 50.00'
589'40'50"8 55.O0'
{
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il
EASIMENIPRLPC15
coukENclNc Ar fHE NoRrHo4sr coRNER oF sAto fRAcf t2
rHENC€ NORTH 89'4O'5O' I TST ALON6 fHE NORTH LINE OF SAIOrMCf 12 FOR 5O.OO FE€f IO AN INIERSTCIION fiTH THT WES|
LINE OF IOO FOO| TIIDT ROADWAY TASEUTNI AS SHOIIN ON SAIDPUT OF GOLDEN GAIT ESIAIES UNIT NO. 95 ANO THT POINT OF
SEEWNINC OF fHT HEREIN OESCRIBED PARCEL;
lHaNct sourH oo'19'10' wEsr ALoNc satD wEsf L|NE FoR
JOO,OO FEET TO AN WTERSECTION MTH fHI NORTH LINE OF A 60
FOOT flDf RAADWAY ,ASFMTNT AS SHOIyN ON SAID PUf OF
GOLDEN 6ATE ESTATES UMT NO. 95:
u\ THENCT NORTH 89.10'50. WESI ALONG SAID NORTH LINE FOR
ti 55.00 FEEI:
l-
O THENCE NORIH OO'19'IO" EASI D€PAR|ING SA]D NOR\H LINI FOR
$3OA.OO FEE| IO AN NT€RSICTION MfH IIIE NORTH UNE OF SAIO
fRACf 12;
IHENCE SOUiH A9ZO'5O" AST ALONG SAIO NORTH LINI FOR
55,00 FEET fO fHT POINT OF SICINNIN| OF THE PARCTL
DESCRIBED HEREIN:
coNtAtNtNc o.J8 AcRts, uoRE oR LEss.
z
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NOTES
I. EEARINiS SHAflN HTREON ARE BASEO ON IHT NORTH UNE OF
|RACT 12, GOLDEN GAIE TSTAES UNIf NO. 95, AS RECOROED IN PUT
NOK 9, PAGE 15, PUELIC RECORDS OF COLLIER COUNIY, FLORIU AS
&€NA NoR|H 8810'50' VrSr.
2. DI'IENSANS SI1UIN HEREON ARE IN U.S, SUfuE'l FTO ANO
OECIIIALS IHERTOF,
Rt-o
IEt-
3. IHIS SKfiCH ANO DTSCRPNON 6 dgL UALIO fiIHOUT THE ORICINAL
SGMIURT ANO S€AL OP TH€ DICIIAL SIGNAIURE ANO DICIIAL SAL OF
A LTCENSED FLORTDA SUFt/ty1P aND NAPP|R. NO ADq|T\oNS OR
atLfitoNs f0 tHtS suRvty kAP ARt PtRvtntD wfiHout rHt
EXPRESSEO WRIITIN CONSENT OF IHE SIGNING PAR|Y.
0 200'
100'
*THIS IS NOT A SURVEY-
THIS PLAN MAY HAVE BEEN ENLARCED OR
REOUCED FROM INTENDEO OISPLAY SCALE
FOR REPROOUCTION REASONS
SKETCH AND DESCRIPTION
PART OF TRACT 12
GOLDEN GATE ESTATES UNIT NO. 95
PLAT BOOK 9, PAGE 45
LYING IN
SECTION 4. TOVVIISHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA ft (nr &,t
Civil EnglneeIs Plannem
Ccrr. oI lurh. t:8 0005rSl
Bonita Sprlflgs: 23{r.9{7. I l.l]wPv. G ra d),lf I n or. con I'ort M)c.s: 239.6{D.4380
0. G.ady llhor and Araoclateo. P.?1.
3800 Vla Dcl Rcy
Eonlta Spah38. floalda 3,1134
Landscape Anchlt€cts
Dllslncs l,(:26000261i
Land SuNeyoN
krr or AuU. l.B 0005151
Exhibit A
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SCALE:1"
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/u GradyMinor
Page 5175 of 5419
Prepared by and return to:
Michelle L. Sweet, Assnt Mngr
Collier County
Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34104
PROJECT 90000 - Developers
PARCEL: 222ROUE1
FOLTO 41820441002
ROAD RIGHT-OF.WAY, ORAINAGE, AND UTILITY EASEMENT
THIS EASEIvlENT is granted this _day of _, 2024, by WILLIAM E. JONES, JR.,
Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2O2O, whose mailing
address is 501 Goodlette Road, 8204, Naples, FL (hereinafter "Grantor"), in favor of COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 341 12 (hereinafter,
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, legal representatives, successors, and assigns. Grantor and Grantee are used for singular or plural,
as the context requires.)
RECITALS
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 5788,
Page 2939, Public Records of Collier County, Florida.
B. Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive road right-of-way, drarnage access,
and utility easement (the "Easement") encumbering the portion of Grantor's property described
on Exhibit "A" attached hereto (the "Easement Area").
The Easement shall be for road right-of-way, drarnage access, and utility purposes and
includes the right to enter upon and use the Easement Area to a) construct, operate, maintain,
repair, replace and remove (i) roadways, driveways, curbs, sidewalks, bike paths, walking trails,
bus shelters, lighting, and all structures and other improvements ancillary to any of the foregoing,
for use by the general public to the extent same is maintained as such; (ii) canals, ditches, swales,
earthen berms, rip-rap, retaining walls and other retaining systems, underground pipes, irrigation
lines and other types of water control structures and facilities; and (iii) public utilities and, with the
Grantee's prior written consent, private utility facilities including, without limitation, facilities for
electricity, gas, communication cables; all at County's sole discretion, and b) place, excavate,
use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and
improvements, including the removal and disposal of any and all property, real and/or personal,
not owned by Grantee to the extent it interferes with Grantee's rights hereunder, without liability
to the owner of such property; all as deemed necessary or appropriate from time to time by
Grantee.
The easement rights granted to Grantee are subject to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement
"running with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor's successors-in{itle.
o
Grantor represents that Grantor's property is homestead property
[space above for recording data]
1
Page 5176 of 5419
lN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first
above written.
Witnesses
Signature (Witness 1)WILLIAM E. JONES, JR. individually and
as Trustee of the William E. Jones, Jr.
Revocable Living Trust dated June 2,
2020
Printed Name
Post Office Address:
Signature (Wtness 2)
Printed Name
Post Office Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of I physical presence
or E online notarization this
-
day of
-,2024,
by WILLIAM E. JONES, JR.,
individually and as Trustee of the William E. Jones Jr. Revocable Living Trust dated June 2, 2020,
who:
_ is personally known to me;
OR
_ produced E a drivels license, OR
(afflx notarial seal above)
Approved as to form and legality.
DEREK D, PERRY, ESQ,
Assistant County Attorney
Signature of Notary Public
as identification.
Printed Name
Serial / Commission # (if any)
2
Lrn ltu!iscd 7./5,]
o'{'
My Commission Expires.
Page 5177 of 5419
Exhibit A
o
DRAW{ BY TJD
CHECKEO BY:TJO
JO8 CODE
SCALE
o5t30t2023
23-144 SO
101 1
ALSO KNOWN AS
NUMSER
OFNCAL RECORDS BOOK
PLAT AAOK
PA6€
PONT OF EEGINNING
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NORTH t86.92' OF tRACf tl
PARCEL NO. 1tA2041tAO2
oR 57E8, PC 29J9
TRACT 11
GOLDEN GATE ESTATES UNIT NO, 95
PUf Ad)K 9, PA6E 15
222RDUEl DESCRIPTION
A PARCCL OF LAND SEINE A PART Of TRACT 11. GOLOTN GAf€
ESTATES UNIf NO. 95. AS RECORDED IN PUT EOOK 9, PAGE 15,
PUBLIC RECORDS OF COLLIER COUNT, FLORIM, STING UORE
PARNCULARLY DESCRIBED AS FOLLOI|S:
TE-ROW
9118t23
CONIIENCING AT THE NOR\HAST CORNTR OF SAIO IRACi II
\H€NC€ NOR|H 89"aO'5O' w€,f ALONC fHE NORTH LtNt OF SAIO
IRACT 11 FOR 5O.OO FTO TO AN INTERSICT@N WTH fHE WEST
LINE OF IOO F@T UDE ROAD'TAY ASENENT AS SHOWN ON SAID
PUT OF GOLDEN GA|E ESIATES UNIT NO. 95;
THENCE SOUTH OO'|9'|O- WEST ALONG SAID *ESf LINE FOR 3A.0O
FTET TO THE PONT OF OEGINNINC OF fHT HERIIN OTSCRIAED
PARCEL;
THFNCE CONNNUE SOUTH OO'19''O. WST ALON6 SAID W€Sf LINE
FOR 156.92 FEET TO AN NTERSECNON NfH fHE SOU|H LINE OF A
PARCEL OF UNO AS D€SCRIA€D W OFFICIAL RICOROS SOOK 5788,
9 PAGT 29J9. PUELIC RECOROS OF COLLIER COUNI'I, FLORIU,
lrntnct n6aru ag'1o'so' tvEst aLoN6 suo sourH LINE FoR ss.oo
O FfFr,'
< fHENcE HoRfH oo.'9,,o. Asf DEPAR1NG SAIO SOUIH LINE FoR
{rss-sz rtn fo AN tNfl.RstcrtoN vtfH fHt NoRrH LINE oF 60
FOO| u1t RoADWAy EASEUEN| AS SHOVN ON SA|O PUf OF
oOLDEN GATE ESTAIES UMT NO- 95:
fH€NcE soufH a9'$'5o' asr aLoNG sAta soutH LINE FoR 55.00
FEET fO TH€ POIN| OF BEGINNINC OF fHE PARCEL DFSCRBID
HEREIN:
{
il
TRACT 12
GOLDEN GATE ESTATES UNIT NO. 95 100' RoaDsaY
915ErrE&r
P8 9. PC 15PUf BOOK 9. PACE 15
3A' OMINAC| E,SEUENT
P8 9, F4 45 :
ot
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yttsf ,50 0F fRAcr t2
PARCEL NO. 1182O520OO1
fRACt t2. LESS VESI t50'.
P RCEL NO 1t A20180005
oR 5A52, PC J77OoR 5452. PC J770
I
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il-x8r- 3id
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poc
NE Ctr..NER Nrcf I I_____l
CONTAININE O.2O ACRES, MORE OR LESS,
N89'40'50'w 50.00'I, EIARINCS SHON'I HTRTON ARE &A5IO ON IHE NORIH LIlytr OT
rRACr tt, GOLDEN GAIE fSri(ES UNtf NO.95, AS RECOROED tN PUr
aAOK 9, PAGE 15, PUBLIC RECORDS OF COLLITR COUNN, FLORIA AS
SEING NOR\H 8810,50. YEST.
HtcKoRy wooD DRtvE soo't9'to'\v Jo.1o'
t--2. DIUENSIONS SHOIIN HERION ARE IN U.S, SURW F€Tf AI'ID
DECIUALS IHEREO..
oNt-
U
tl-
3. IHIS SKETCH AND DESCRIP\ION IS I9I VALID WfHOUf THE ORIGINAL
SENATURE AND SEAL OR THE A.ITAL SI0NAIURT ANO DGITAL SEAL Of
^ LICINSED FLORIDA SURWYOR ANO IIAPPER. NO AOANONS OR
OELOIONS IO \HIS SURVE| TIAP ART PTRMT|EO YIIHOUI THT
TXPRESSTD WRINfu CONSINT OF THE SIGNING PAR|Y.
0 50' 100'
SCALE: 1"
200'
100'
NB9'40'so\v 55.00'
THIS IS NOT A SURVEY-
THIS PLAN MAY HAVE BEEN ENLARCED OR
REDUCED FROM INTENDED DISPLAY SCALE
FOR REPRODUCTION REASONS
SKETCH AND DESCRIPTION
PART OF TRACT 11
GOLDEN GATE ESTATES UNIT NO. 95
PLAT BOOK 9, PAGE 45
LYING IN
SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA swvw. Gtaclyuloot. con Forl Mle.s: 239.690-4380
GradyMinor
PlannersLand S[Neyors
c,f.[ ofAutn l,B u)05lit I
Landscape Archltrcls
Bonlla Spdnes: 239.94?.1 l,l{
0. G.ady Mlmr al|d tuaoclat.3. P.A-
3800 Vla D.l R.y
Bonlt Sprln$. nodda 3413,1
Clr4l Englneets
C. orAufi eB 0O05l5l
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/u
Page 5178 of 5419
Prepared by and return to:
Michelle L. Sweet, Assnt Mngr
Collier County
Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34104
Project;
Parcel
Folio No
90000 - Developers
222DUE
4 1 820480005 & 4 1 820520004
AFFIDAVIT OF LIMITED LIABILITY COMPANY
The undersigned, WILLIAM E. JONES, JR., ("Affiant"), being first duly sworn, states as follows:
1. Affiant is the Manager of WEJ,JR,LLC, a Florida limited liability company (the "Company").
2. The Company was organized and is validly existing under the laws of the State of Florida and
is authorized to do business in the State of Florida.
3. The Company is currently in existence and has not been terminated or dissolved.
4. Neither the Company, nor any of its members, are currently a debtor in a bankruptcy or
insolvency proceeding.
5. The following are all of the members of the Company:
William E. Jones, Jr.
The Company is lvlanager managed pursuant to ats Operating Agreementi william E. Jones,
Jr., is authorized by the Operating Agreement to execute all instruments on behalf of the
Company affecting interests in real Property; and any and all necessary consents have been
obtained.
Affiant acknowledges that Collier County and a title company issuing title insurance will rely upon this Affldavit.
Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida
for falsely swearing to statements made in an instrument of this nature. Affiant certifles that Affiant has carefully
read this Affldavit and understands all statements.
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me by means of ! physical presence or E online notarization this _ day
of _, 2024, by WILLIAM E. JONES, JR., as President oi WEJ,JR,LLC, a Florida limited liability
company, on behalf of the company, who:
_ is personally known to me,
OR
-haSprodUcedaEdriver,slicenSe,ortr-,aSidentification.
Notary Public
(affix notary seal above)
6
oa
O
DEREK D. PERRY, ESO,
Assistant County Attorney
Printed Name
WILLIAM E. JONES. JR.
Approved as to form and legality:
1
Page 5179 of 5419
AFFIDAV F TITLE
(entity)
The undersigned, W|LLIAM E. JONES, JR., ("Affiant'), as the President of WEJ,JR,LLC, a Florida limited
liability company (the "Company"), being first duly sworn, makes the following representations and
certifications regarding the property transfer from the Company to COLLIER COUNTY, a political
subdivision of the State of Florida (the 'County').
1 . The Company is the sole owner of real property located rn Collier County, Florida (the 'Property'). The
Company is conveying to the County an easement over, under, upon and across Portions of the
Property as described on Exhibit "A" attached hereto. (Exhibit "A" hereinafter referred to as the
"Parcel').
2. Affiant is at least '18 years of age, is fully competent, and is authoriz ed to execute this Affidavit on behalf
of the Company.
3. No work, labor or material has been furnished or performed on or to the Property that has not been
paid in full; nor has any repair, alteration, or improvement been fully completed in oraboutthe Property
within the last 90 days for which the right to file a mechanic's or materialmen's lien might exist; nor has
any unsatisfied claim for lien or disputed claim for payment been made for labor or materials furnished
to the Property.
4. There are no outstanding liens or monetary encumbrances, such as.iudgment liens, mortgages, bail
bonds, vendofs liens, mechanics liens, federal, state, county or municipal tax liens, homeownefs
association or condominium association regular or special assessments, etc. against the Property or
the Company that are not being subordinated, released or paid at the time of closing and shown as a
disbursement on the closing statement executed as part of this transaction, except for the lien of real
property taxes and assessments not yet due and payable. The Company is not delinquent in the
payment of any federal, state, county, or municipal taxes of any kind.
5. There are no judgments, orders or decrees that have been entered in any federal, state, county or
municipal court against the Property or the Company, jncluding, without Iimitation, prior insolvencies or
bankruptcies, and there are no civil or administrative actions pending against the Company or that
anvolve the Property in any way, ancluding any action for insolvency or bankruptcy.
6. There are no outstanding assessments against the Property, nor has any notice been received as to
pending assessments against the Property from any governmental entities for any improvement or
service. lf, following the closing, any assessments are discovered that relate to the period prior to the
date that the Company delivers possession of the Parcel to the County, the Company shall pay the
same in full upon demand.
7. There has been no notice from any governmental authority for the removal or abatement of any
nuisance, or regarding violations of building codes, zoning regulations, or restrictions, or condemnation
of the Property or any portion thereof. The Property is in compliance with all applicable federal, state,
county, and local laws, and with any and all recorded covenants, easements, restrictions, and other
matters of record affecting the Property.
8. There has been no notice from any governmental authority of any public hearing regarding future or
pending zoning changes.
op
Project: 90000 - Developers
Parcel: 222RDUE?
Folio No.: 41820480005
1
Page 5180 of 5419
9. There are no unrecorded instruments (e.9., deeds, mortgages, security agreements, easements,
leases, rental agreements, purchase/sale agreements, land contracts or the like) that could affect title
to the Property. No one other than the Company has any possessory rights in the Property.
10. There are no defects in the Property's title and, except for the lien of real estate taxes and assessments
for the current year and those items identified on Opinion of Title dated February 28, 2024, issued by
Zachary W. Lombardo, Esq., of Woodward, Pires & Lombardo, P.A., there are no encumbrances
against the Property. lf the Property is encumbered by an oil, gas, or mineral lease, there has been no
drilling or other exploration or activity on the Property under any such instrument.
'11. There are no court proceedings or disputes with any parties concerning the boundary lines of the
Property, and there are no encroachments upon the Property from ad.jacent properties nor
encroachments of any improvement located on the Property upon adioining property.
12. There are no matters pending against the Company that could give rise to a lien that would attach to
the Property, or cause a loss of title, or impair title, between the effective date of the title insurance
commitment, title report, or attorney's opinion of title and the date/time of the recording of the
conveyance instrument to the County; and after the date of this affidavit, the Company shall not execute
or authorize the execution of any instrument that would adversely affect title to the Parcel.
Under penalties of perjury, Affiant states that (i) Affiant has carefully read this affidavit and all
representations and certifcations herein are true, correct and complete as of the date of execution; (ii) the
Company will immediately notify the County of any changes to the representations and cerlifications
contained herein, and, in the absence of such notitication, the County may rely upon such representations
and certifications as of the date/time of closing; (iii) the Company intends for the County, its agents,
employees, attorneys, title company, escrowsettlement agent, and other parties and their attorneys
participating in the pending transaction (collectively, the "indemnified parties") to rely upon such
representations and certiflcations; (iv) the Company shall defend and indemnify the indemnified parties
from and against allclaims and actions asserted against, and all damages, losses, liability, penalties, fines,
costs and expenses, including attorney fees and court costs, suffered or incurred by, the indemnified parties
or any one or more of them if any such representations or certifications are untrue, irrespective of whether
Affiant made them knowingly or negligently; and (v) all representations and certifications herein are
supplemental to any and all representations, certifications and warranties contained in the purchase/sale
agreement between the parties, the instrument of conveyance, and other closing documents.
WILLIAM E. JONES, JR.
2
cFo
Page 5181 of 5419
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me by means of ! physical presence or E online notarization this
-day of _, 2024, WILLIAM E. JONES, JR., as the President of WEJ,JR,LLC, a Florida limited
llability company, on behalf of the company, who:
_ is personally known to me,
OR
-
has produced a ! drivef s license, or n
-,
as identification.
Notary Public
Printed Name
(affix notaial seal above)
Approved as to form and legality
al
DY 2{DEREK D, PERRY, ESQ,
Assistant County Attorney ()
3
Last Revised 1212912022
CAOPage 5182 of 5419
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2
AFFIDAVIT OF TITLE
(individual)
The undersigned, WLLIAM E. JONES, JR., individually and as Trustee of the William E. Jones, Jr.
Revocable Living Trust dated June 2, 2020 ("Affiant'), being first duly sworn, makes the following
representations regarding the property transfer from Affiant to COLLIER COUNTY, a political subdavrsion
of the State of Florida (the "County").
Affiant is the sole owner of real property located in Collier County, Florida (the "Property"). Affiant
is conveying to the County an easement over, under, upon and across a portion ofthe Property as
described on Exhibit "A'attached hereto. (Exhibit'A" is hereinafter referred to as the'Parcel").
Affiant is at least l8 years of age, is fully competent, and is authorized to convey the Parcel to the
County.
The Property X is E is not Affiant's principal residence
Affiant has not changed Affiant's name or used any other names, except as follows: N/A.
Affiant's maiden name is N/A.
Aftiant's marital status is as follows [check where appropiatel.
E Affiant has never been married.
E Affiant is presently married. Name of spouse, if not an Affiant:
f] Afnant is divorced. Name of Atfiant's former spouse(s)
(Affiant shall provide a certified copy of the decedent's death certificate(s) upon request.)
No work, labor or material has been furnished or performed on or to the Property that has not been
paid in full; nor has any repair, alteration, or improvement been fully completed in or about the
Property within the last 90 days for which the right to file a mechanic's or materialmen's lien might
exist; nor has any unsatisfied claim for lien or disputed claim for payment been made for labor or
materials furnished to the Property.
There are no outstanding liens or monetary encumbrances, such as judgment liens, mortgages,
bail bonds, vendor's liens, mechanics liens, federal, stale, county or municipal tax liens,
homeowneds association or condominium association regular or special assessments, etc. against
the Property or Affiant that are not being subordinated, released or paid at the time of closing and
shown as a disbursement on the closing statement executed as part of this transaction, except for
the lien of real property taxes and assessments not yet due and payable. Affiant is not delinquent
in the payment of any federal, state, county, or municipal taxes of any kind.
There are no judgments, orders or decrees that have been entered in any federal, state, county or
municipal court against the Property or Affiant, including, without limitation, prior insolvencies or
bankruptcies, and there are no civil or administrative actions pending against Affiant or that involve
the Property in any way, including any action for divorce, dissolution of marriage, insolvency, or
bankruptcy.
There are no outstanding assessments against the Property, nor has any notice been received as
to pending assessments against the Property from any governmental entities for any improvement
4
5
7
I
I
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PROJECT: 90000 - Developers
PARCEL: 222RDUE1
FOLIO: 41820441002
6
(Affiant shall provide a certified copy of the divorce decree(s) upon request.)
n Afflant is a widow^,vidower. Name of deceased spouse(s) and date(s) ofdeath:
Page 5184 of 5419
10
11
or service. lf, following the closang, any assessments are discovered that relate to the period prior
to the date that Affiant delivers possession of the Parcel to the County, Affiant shall pay the same
in full upon demand.
There has been no notice from any governmental authority for the removal or abatement of any
nuisance, or regarding violations of building codes, zoning regulations, or restrictions, or
condemnation of the Property or any portion thereof. The Property is in compliance with all
applicable federal, state, county, and local laws, and with any and all recorded covenants,
easements, restrictions, and other matters of record affecting the Property.
There has been no notice from any governmental authority of any public hearing regarding future
or pending zoning changes.
12 There are no unrecorded instruments (e.9., deeds, mortgages, security agreements, easements,
leases, rental agreements, purchase/sale agreements, land conlracts, or the like) that could affect
title to the Property. No one other than Affiant has any possessory rights in the Property.
13 Affiant knows of no defects in the Property's title and, except for the lien of real estate taxes and
assessments for the current year and those items identifled on Opinion of Title dated February 28,
2024, issued by Zachary W. Lombardo, Esq., of Woodward, Pires & Lombardo, P.A., there are no
encumbrances against the Property. lf the Property is encumbered by an oil, gas, or mineral lease,
there has been no drilling or other exploration or activity on the Property under any such instrument.
14 There are no court proceedings or disputes with any parties concerning the boundary lines of the
Property, and there are no encroachments upon the Property from adlacent properties nor
encroachments of any improvement located on the Property upon adjoining property.
15 There are no matters pending against Affiant that could give rise to a lien that would attach to the
Property, or cause a loss of title, or impair title, between the effective date of the title insurance
commitment, title report, or attorney's opinion of title and the date/tame of the recording of the
conveyance instrument to the County, and after the date of this affidavit, Affiant shall not execute
or authorize the execution of any instrument that would adversely affect title to the Parcel.
Under penalties of perjury, Affiant states that (i) Affiant has carefully read this affidavit and all
representations and certifications herein are true, correct and complete as of the date of execution; (ii)
Affiant will immediately notify the County of any changes to the representations and certifications contained
herein, and, in the absence of such notification, the County may rely upon such representations and
certifications as of the date/time of closingi (iii) Affiant intends for the County, its agents, employees,
attorneys, title company, escrowsettlement agent, and other partaes and their attorneys participating in the
pending transaction (collectively, the "indemnified parties") to rely upon such representations and
certifications; (iv) Atfiant shall defend and indemnify the indemnified parties from and against all claims and
actions asserted against, and all damages, losses, liability, penalties, flnes, costs and expenses, including
attorney fees and court costs, suffered or incurred by, the indemnified parties or any one or more of them
if any such representations or certifications are untrue, irrespective of whether Afflant made such
misrepresentations knowingly or negligently, and (v) all representations and certifcations herein are
supplemental to any and all representations, certifications and warranties contained in the purchase/sale
agreement between the pa(ies, the instrument of conveyance, and other closing documents.
WILLIAM E. JONES, JR.
2
Page 5185 of 5419
STATE OF FLORIDA
COUNry OF COLLIER
Sworn to and subscribed before me by means of E physical presence or f] online notarization this
-day of
-,
2024, byWLLIAM E. JONES, JR., individually and as Trustee of the \Mlliam E. Jones,
Jr. Revocable Living Trust dated June 2, 2020, who:
_ is personally known to me,
OR
haS/haveproducedandriver,slicenSe,orE-,aSidentification.
Notary Public
Printed Name
(affix notaial seal above)
Approved as to form and legality
DEREK D, PERRY, ESQ,
Assistant County Attorney
Last Revised 5/4/2022
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3
Page 5186 of 5419
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Page 5188 of 5419
Statement Regarding Letters of No Objection
Because a return easement is being provided to the County for drainage and utilities
and access to same, no letters of no objection should be required as all utilities and
drainage providers will continue to have the same rights as before the vacation.
Nevertheless, letter of no objection have been included from the following:
• Centurylink/Lumen
• Lumen
Page 5189 of 5419
Page 5190 of 5419
Page 5191 of 5419
January 23, 2024
Zachary W. Lombardo, Esq.
Woodward, Pires & Lombardo, P.A
3200 Tamiami Trl N, Suite 200
Naples, Florida, 34103
RE:LETTER OF NO OBJECTION TO VACATION A PORTION OF THE RIGHT-OF-WAY
Dear Mr. Lombardo,
In response to your request on November 16, 2023, concerning the vacation of a portion of the
sixty (60) foot wide right-of-way located on Tract 11 and Tract 12, Golden Gates Estates, Unit
No. 95, according to the plat thereof, recorded in Plat Book 9, Page 45, of the Public Records of
Collier County, Florida as presented on the print sent to this office. Lumen has no objections,
providing there is no damage to Lumen aerial or buried fiber and copper facilities.
The no objection is contingent to LUMEN being provided any required easement for relocation of
existing facilities, if facilities are within the identified PUE that could be affected, along with
LUMEN being completely reimbursed by owner/developer on the cost of relocating such facilities.
Customer or Contractor, will need to call for Locates (Sunshine 811) prior to doing any
work. Customer will be responsible for any damages to LUMEN utilities.
If I can be of further assistance, feel free to contact me at (239) 237-4853 or email
Alexis.Powell@lumen.com.
Sincerely,
Alexis Powell
Alexis Powell
Associate Network Implementation Engineer
LUMEN
2820 Cargo St,
Fort Myers, Florida, 33916
Phone: 239-237-4853
Email: Alexis.Powell@lumen.com
Page 5192 of 5419
Page 5193 of 5419
Page 5194 of 5419
September 19, 2024
Attn: Kaitlin Chylinski
RE: Request for Letter of No Objection -Letter of no objection concerning the vacation of
the platted utility easement located at 5405 Hickory Wood Drive, A PARCEL OF LAND
BEING A PART OF TRACT 11 AND TRACT 12, GOLDEN GATE ESTATES UNIT NO. 95, AS
RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA -
Parcel ID # 222DUE FOLIO: 41820480005 & 41820520004
Dear Kaitlin,
Thank you for contacting Comcast regarding your proposed vacation. This is to inform
you that Comcast does have facilities in the proposed area and Comcast has no objection to the
vacation providing that any of Comcast facilities that are in need of being relocated be paid for
by the customer and Comcast is granted new easements.
It is the intent and understanding of Comcast that this Vacation shall not reduce our
rights to any other existing easement or rights we have on this site or in the area. This vacation
response is submitted WITH THE STIPULATION that if Comcast facilities are found and/or
damaged within the vacated area as described, the Applicant will bear the cost of relocation and
repair of said facilities.
If you have any further question or concerns, please do not hesitate to contact me at If
you have any further question or concerns, please do not hesitate to contact me at (941) 914-
7814.
Sincerely,
David Lescrynski
Manager, Construction SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
Cell (941) 914-7814
David_Lescrynski@Comcast.com
Page 5195 of 5419
Page 5196 of 5419
A NEXTera ENERGY Company
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N., Suite 200
Naples, FL 34103
To Whom It May Concern:
Re: R.O.W. Vacation - 5405 Hickory Wood Drive
Thank you for contacting FPL about the vacation of the R.O.W. at 5405 Hickory Wood
Drive. FPL has no objection to the proposed R.O.W. vacation on the condition that a 10'
wide utility easement is provided for the existing FPL facilities. FPL would consider this condition satisfied upon Collier County passing a resolution wherein the County reserves in perpetuity for public utility companies a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A”, as a public utility easement for the construction, installation, maintenance, and operation of public utilities.
Should you have any questions or concerns, please contact me at 239-231-5365.
Sincerely,
Bertholt Flock
Distribution Engineer
Florida Power & Light Company, 4105 15th Ave SW, Naples, FL 34116
Phone: 239-353-6010, Fax:
Page 5197 of 5419
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:
129,894
Effective Date
$2,052.60
Please Pay
Please Pay
11/30/2023
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
12/01/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
46
46
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
296,060
129,894
129,894
129,894
129,894
129,894
129,894
296,060
129,894
129,894
TAX HSP 1-24-00357669
1970.50
41820520004
41820520004
GOLDEN GATE EST UNIT 95 W
150FT OF TR 12
GOLDEN GATE EST UNIT 95 W
150FT OF TR 12
BILL JONES REPAIRS & REROOFS
INC
416.22
WEJ JR, LLC
501 GOODLETTE RD #B204
NAPLES, FL 34102
WEJ JR, LLC
501 GOODLETTE RD #B204
NAPLES, FL 34102
10.3117
3.42
Receipt #
94.56
194.84
Pay your current taxes online at:
http://www.colliertaxcollector.com/
18.74
665.54
605.15
12.70
12.31
Paid By
29.12
129,894
296,060
0
129,894
0
129,894
0
129,894
129,894
296,060
129,894 0
0
0
0
0
0
0
$2,052.60
129,894
129,894
Page 5198 of 5419
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:
706,431
Effective Date
$9,515.98
Please Pay
Please Pay
11/30/2023
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$249.29
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
12/01/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
Solid Waste
46
46
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
1,168,262
706,431
706,431
706,431
706,431
706,431
706,431
1,168,262
706,431
706,431
TAX HSP 1-24-00357315
249.29
9135.34
41820441002
41820441002
GOLDEN GATE EST UNIT 95
N 186.92FT OF TR 11
GOLDEN GATE EST UNIT 95
N 186.92FT OF TR 11
BILL JONES REPAIRS & REROOFS
INC
2,263.62
WILLIAM E JONES JR R/LIV/TRUST
501 GOODLETTE RD N #B-204
NAPLES, FL 34102
WILLIAM E JONES JR R/LIV/TRUST
501 GOODLETTE RD N #B-204
NAPLES, FL 34102
19013 District 1 Garbage
10.3117
18.58
Receipt #
514.28
1,059.65
Pay your current taxes online at:
http://www.colliertaxcollector.com/
101.94
2,626.25
2,387.93
69.09
66.97
Paid By
158.38
706,431
1,168,262
0
706,431
0
706,431
0
706,431
706,431
1,168,262
706,431 0
0
0
0
0
0
0
$9,266.69
706,431
706,431
Page 5199 of 5419
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:
289,795
Effective Date
$4,578.64
Please Pay
Please Pay
11/30/2023
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
12/01/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
46
46
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
660,340
289,795
289,795
289,795
289,795
289,795
289,795
660,340
289,795
289,795
TAX HSP 1-24-00357665
4395.49
41820480005
41820480005
GOLDEN GATE EST UNIT 95 TR 12
LESS W 150 FT
GOLDEN GATE EST UNIT 95 TR 12
LESS W 150 FT
BILL JONES REPAIRS & REROOFS
INC
928.59
WEJ JR, LLC
501 GOODLETTE RD #B204
NAPLES, FL 34102
WEJ JR, LLC
501 GOODLETTE RD #B204
NAPLES, FL 34102
10.3117
7.62
Receipt #
210.97
434.69
Pay your current taxes online at:
http://www.colliertaxcollector.com/
41.82
1,484.44
1,349.73
28.34
27.47
Paid By
64.97
289,795
660,340
0
289,795
0
289,795
0
289,795
289,795
660,340
289,795 0
0
0
0
0
0
0
$4,578.64
289,795
289,795
Page 5200 of 5419
Page 5201 of 5419
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 5202 of 5419
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 5203 of 5419
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 5204 of 5419
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 5205 of 5419
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 5206 of 5419
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 5207 of 5419
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 5208 of 5419
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 5209 of 5419
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 5210 of 5419
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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j .
6,1
Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
Attachment"C" 20-EIS-04338/1574837/5]
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to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
Attachment"C" 20-EIS-04338/1574837/5]
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
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Page 5215 of 5419
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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