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Agenda 12/10/2024 Item #16B17 (Establish a public hearing to consider the vacation of the County and the Public interest in a portion of the 80-foot-wide Trail Boulevard abutting Lots 25-30, Block A, Pine Ridge)12/10/2024 Item # 16.B.17 ID# 2024-1998 Executive Summary Recommendation to hold a public hearing to consider vacating a portion of the 80-foot-wide Trail Boulevard abutting Lots 25-30, Block A, Pine Ridge, according to the plat thereof as recorded in Plat Book 3, Page 24 of the Public Records of Collier County, Florida, located approximately 200 feet north of Pine Ridge Road (C.R. 896), abutting the east side of U.S. 41, Tamiami Trail North, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. (PL20240002006) OBJECTIVE: For the Board of County Commissioners (“Board”) to establish a time and date for a public hearing to consider the vacation of the County and the Public interest in a portion of the 80-foot-wide Trail Boulevard abutting Lots 25-30, Block A, Pine Ridge, according to the plat thereof as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, pursuant to Florida Statutes section 336.09(2) and Resolution No. 2021-243. CONSIDERATIONS: The Development Review Division has received a request to vacate a portion of the 80-foot-wide Trail Boulevard abutting lots 25-30, Block A, Pine Ridge, according to the plat thereof as recorded in Plat Book 3, Page 24 of the public records of Collier County, Florida, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. Property owner McCabe & Sons Hospitality, LLC f/k/a Waterside Hotel Development, LLC (“McCabe”) is redeveloping the longtime Beacon Bowl property with a luxury boutique hotel at the northeast corner of Pine Ridge Road and Tamiami Trial N (U.S. 41). McCabe is seeking to vacate the portion of Trail Boulevard abutting the proposed hotel site as part of a broader redevelopment vision that involves reconfiguring Trail Boulevard, and the public benefit of providing replacement easements, installing a decorative roadway with lush landscaping along Trail Boulevard between 7-Eleven and Ridge Drive, and providing a sanitary sewer system for adjacent neighbors. The public will retain the perpetual non-gated access across the property between 7-Eleven and Ridge Drive. Pursuant to Florida Statutes section 336.09(2) and Resolution 2021-243, the Board “may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of [vacating the public road right-of-way].” If the proposed resolution is adopted, the hearing will take place on January 14, 2025. Additionally, the hearing will be advertised in a local paper of general circulation pursuant to Florida Statutes sections 336.10, 177.101, and Resolution 2021-243, and the property owners will be given notice as well. FISCAL IMPACT: The application fee of $2,000 covers staff review, and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: 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 on January 14, 2025, to consider vacating a portion of the 80-foot-wide Trail Boulevard abutting Lots 25-30, Block A, Pine Ridge, according to the plat thereof as recorded in Plat Book 3, Page 24 of the Public Records of Collier County, Florida. (PL20240002006) Page 5073 of 10663 12/10/2024 Item # 16.B.17 ID# 2024-1998 PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division. ATTACHMENTS: 1. Proposed Resolution 2024 2. Application 3. Affidavit of Authorization - Waterside Hotel Development LLC 4. Property Ownership Disclosure Form 5. Resolution 2021-243 6. Exhibit A - 2024-06-27 TRAIL BLVD CONCEPT PLAN 7. Exhibit B - Resolution 1977 vacating the south end of Trail Blvd. 8. Exhibit C - Trail Blvd Vacate Letters of No Objection 9. 2023 Paid Property Tax Receipts 10. Plat of Pine Ridge PB 3 page 24 11. Warranty Deed OR 6293 pg 1368 - 5380 Trail Blvd 12. Warranty Deed OR 6293 pg 3327 - 5400 Trail Blvd Page 5074 of 10663 RESOI,IITION NO.202{ - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE A PUBLIC HEARING TO DISCLAIM, RENOLINCE, AND VACATE THE COUNTY AND PUBLIC INTEREST IN VACATING THE 80 FOOT WIDE PORTION OF TRAIL BOULEVARD ABUTTING LOTS 25_30, BLOCK A, PINE RIDGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 21, OF THE PUBLIC RECORDS OF COLLIER COLTNTY, FLORIDA, LOCATED APPROXIMATELY 2OO FEET NORTH OF PINE RrDGE ROAD (C.R.896), ABUTTING THE EAST SrDE OF TAMTAMT TRAIL NORTH (U.S. 4r), rN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 29 EAST, COLLIER coUNTY, FLORIDA. [PL202400020061 WHEREAS, Petitioner, Noel J. Davies, Esq., of Davies Duke, PLLC, on behall of the property owner, has requested that a public hearing be held pursuant to Resolution No. 2021- 243, to consider disclaiming, renouncing, and vacating the County and Public interest in the 80 foot wide portion of Trail Boulevard abutting Lots 25-30, Block A, Pine Ridge, according to the plat thereof as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, Florida, in Section 10, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit "A", attached hereto; 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 and Public interest in the above right-ofl-way; and NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No. 2021-243, in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described road right-of-way will be held on this the l4d day ofJanuary,2025, at 9:00 a.m., or as soon thereafter as practical, in the Boardroom,3'd Floor, Administration Building, Collier County Govemment Center, 3299 Tamiami Trail Eas1, Naples, Florida. THIS R-ESOLUTION ADOPTED after motion, second and majority vote favoring same. this lOth day of December 2024. [Signature Page to Follow] [24-El5-04996/190 l2s8/l ]Page 1 of2 CAO WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right ofconvenient access ofthe property owners. Page 5075 of 10663 ATTEST: CRYSTAL K. KINZEL. CLERK Br": , Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attomey Attachments: Exhibit "A" - Sketch and Legal Description Exhibit "B" - Location-Site Map BOARD OF COTINTY COMMISSIONERS COLLIER COL]NTY, FLOzuDA By: Chris Hall, Chairman [24-Er5-04996/1901258/l]Page 2 of 2 c{oPage 5076 of 10663 o(Jd. >oP <0.^ IJJ (.)?€*ttYZ+V,2.o.YL!F^-T!>ar--ii*>ure;pdE!55r',=ff==ad0^-XOo;oLL@rp$38EHH-^xE,,Lrli-9EYotokkzoFL.ELUO>aEI.JJ ]ou)LL<OpIO<)zFLUYa :lO^ co5 (og FoJ a! ,; i isEI ii?ci:;satif:MIF;g:;E. i.'l*ii:,:::: :' i :il:i;i,.d.: o tu o-looo Y C)oJ co O c.) 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N A/ ) N tJ {. Lt O ltt9=eFIIJ(JIdl<o> e. o TRAIL EOULEVARD (o l'-@o r.) @ 2 o (,o t. Nr.) ocol'-N TRAILTAMIAMI ! j 9 g I3 a : a 3 -8 2 t F ! P E E i= !i9 ;-=.: !, ?b;:;3: t iE.0fEa;E>!r E;; H"#.E..x!- - E-;": E PS 9€!J-l o.e E E S.6EplEo E>3863x (ooo-cvi^Oj4o'oH*ca5 =AlHt'ErT C)I I i E -{=o* 6 J f,$- oF LEXICO tzOOLU= ci*rq GULF 0.. z F n r')r) N €)Page 5078 of 10663 Waterside Hotel Development, LLC Waterside Hotel Development, LLC, c/o Noel J. Davies, Esq., Davies Duke, PLLC 9400 Fountain Medical Court, Suite B 100 Bonita Springs FL 34135 239-405-8033 Noel Daviesnoel.davies@daviesduke.com Noel J. Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples FL 34109 239-246-0555 Catherine Louise 239-405-8033 Noel Davies catherine.louise@daviesduke.com / noel.davies@daviesduke.com Please see attached. Trail Blvd. Page 5079 of 10663 Page 5080 of 10663 X X X X X X 02/14/2024 Noel J. Davies X Page 5081 of 10663 Waterside Hotel Development, LLC Address Parcel ID Legal Description S/T/R Current Zoning 5380 Trail Blvd. 67180880002 Pine Ridge Blk A Lot 30 10-49-25 C4 and RSF-1 5400 Trail Blvd. 67180840000 Pine Ridge Blk A Lots 25-29 OR 1092 Pg 692 10-49-25 C4 and RSF-1 Page 5082 of 10663 Page 5083 of 10663 Page 5084 of 10663 Page 5085 of 10663 Page 5086 of 10663 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 5087 of 10663 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 5088 of 10663 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 5089 of 10663 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 5090 of 10663 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 5091 of 10663 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 5092 of 10663 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 5093 of 10663 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 5094 of 10663 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 5095 of 10663 3) Cable Television Company 4) Collier County Sheriff's Office 5) Homeowner's Association 6) Rescue and Fire Control District 7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval Engineering ServiceJDevelopment Review Division will distribute the package to the following areas for their approval or objection:- 4-8) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED 39) Collier County Engineering ServicesDevelopment Review Division— Subdivision-Revieweview 310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review 411)Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportations Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void— f}k If a replacement easement is required by Collier County, the reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement, the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held in trust pending the Board's consideration of the requested vacation. If a replacement easement is required by Collier County,the following shall be submitted: 1) Sketch and blegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a"Prepared by" block listing the name and address of the Professional Surveyor and Mapper,7 2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a title company (current),.- 3) Executed conveyance document, and: 4) Executed subordination documents. Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 8 of 13 Additions Underline Deletions Striketltreugli t)Page 5096 of 10663 3. Development Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the County Attorney's Office for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4. Once the time and date of the agenda item isae established, the Clerk to the Board shall publish legal notice of the hearing in not less than two weekly issues of a newspaper of general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes. 5. The petitioner and all property owners within 250 feet (and others as may be required by Engineering Servicesthe Development Review Division) of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of the agenda item, by regular mail. If the number of property owners within two hundred fifty feet 250') exceeds twenty (20), petitioner shall incur an additional postage and handling charge of fifty cents ($.50) per additional property owner. If the County receives an objection or anticipates an objection to the vacation request,then the agenda item shall be scheduled under advertised public hearings in the BCC Agenda. 6. In the event that the owner for the property in question does not represent h4mthemself at the BCC meeting, they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent himthem. 7. The County Commission may adopt a resolution vacating plats in whole or in part of subdivisions in the -County, returning the property covered by such plats either in whole or part into acreage. 8. A certified copy of any approved resolution shall be recorded in the public records of Collier County. 9. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. 10. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 9 of 13 Additions Underline Deletions Strikethreugk O vPage 5097 of 10663 j . 6,1 Oti Attachment"C" POLICY AND PROCEDURE FOR THE EXTINGUISHMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN THE PUBLIC RECORDS (CONVEYANCES OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL PROPERTY. A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes. B. POLICY: Requests will be granted as long as the public benefit is established or no public detriment is established. The Board of County Commissioners may: 1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the County or public by any instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest is granted to the County or public by any instrument recorded in the public records other than on a subdivision plat. 2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for drainage, utilities, access, maintenance, preservation, or conservation or other public purposes; when such interest is granted to the County or public by any instrument recorded in the public records of Collier County other than on a subdivision plat. 3. To make an exchange of real property whenever, in the opinion of the County Commissioners, the County holds and possesses any real property, not needed for county purposes, and such property may be to the best interest of the County exchanged for other real property, which the County may desire to acquire for county purposes, as authorized by gsection 125.37, Florida Statutes. C. PROCEDURE: 1. To petition for the extinguishment of County dedicated easement on unplatted land or platted land an application is to be completed along with the listed items needed for review be submitted to Engineering Services Growth Management, Development Review Division,-and it must be accompanied by a non_refundable application fee (refer Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 10 of 13 Additions Underline Deletions Str-ilEetlirexgh GA0Page 5098 of 10663 to -Growth Management, Development Services' / Planning and Regulation current fee schedule for the applicable fee)_ 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel on which a public dedicated easement is sought to be extinguished F€ ee SIMPLEimple DEEDeed). b) A statement explaining the general public benefit received from the proposed vacation. c) A copy of the document which granted, conveyed or dedicated the easement interest to the County or the public. d) Certificate(s) showing all State and County taxes have been paid for the subject parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in the Government Center). e) Assessment Map. (Available from the Collier County Property Appraiser's Office, Radio Road). f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing all data pertinent to the proposed extinguishment, which shall include at least the following: 1) Date of drawing 2) Scale 3) North arrow 4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, and any proposed landscaping. 5) Location of proposed extinguishment and, if applicable,proposed dedication: VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X 11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to be accompanicd by a sketch of the legal description. Both the sketch and legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 11 of 13 Additions Underline Deletions Stream Page 5099 of 10663 i) A property ownership disclosure form listing all persons with equitable interests in the application. g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Growth Management, Development Review Division Administrator or their designee. Such letters may include but shall not be limited to the following: 1) Electric Company 2) Telephone Company 3) Cable Television Company 4) Collier County Sheriffs Office 5) Homeowner's Association 6) Rescue and Fire Control District 7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval,.Engineering ServicesDevelopment Review Division will distribute the package to the following areas for their approval or objection_- 4- ) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED 2)Collier County Engineering ServicesDevelopment Review Division— S„baivision Review 310) Collier County Engineering ServicesCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review 41 l) Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportation-Dept Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void ' 1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest with that interest dedicated to the County, the requirements and procedures of section 125.37, Florida Statutes, and the Collier County Utilities Standards and Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable and legally required. _The reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement,the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 12 of 13 Additions Underline Deletions Strikethreegh CAO Page 5100 of 10663 in trust pending the Board's consideration of the requested vacation. The following shall be submitted: 1) A sketch and lbegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper,,.- 2) Attorney's Title title Opinion opinion or certification by a title company Ownership & Encumbrance Report(current)1: 3) Executed conveyance document, and, 4) Executed subordination documents. 3. Engineering ServicesDevelopment Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the office of the County Attorney for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37, Florida Statutes, the terms and conditions of any such exchange of property shall be published, once a week for at least two weeks, in a newspaper of general circulation published in the County prior to the adoption by the Board of County Commissioners. 45. In the event that the owner of the property in question does not represent l-imthemself at the BCC meeting, they must provide a signed letter or appropriate documentation which authorizes another specific person to represent lthem. 36. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such extinguishment shall occur at the same meeting at which time the re use application is reviewed by the Board of County Commissioners. 67. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 13 of 13 Additions Underline Deletions StFikethFetigli CAoPage 5101 of 10663 Tree80' RIGHT OF WAY VACATION END POINTMONUMENT SIGNMONUMENT SIGNSTOP SIGNBUS SHELTERRELOCATEDTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeTreeEX 8" WMEX 4" SAN FM4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET:REVISIONSDATEREV.DESCRIPTIONLEGENDGENERAL NOTES:CONCEPT PLAN MEDIAN STUDY1" = 40'SCALE:5400 TRAIL BLVDRIDGE DR US HWY 41 - TAMIAMI TRL NTRAIL BLVDUS HWY 41 - TAMIAMI TRL NTRAIL BLVDEXISTING CONDITIONSRIDGE DR 80'RIGHT OF WAY 5/6/2024REVISED ROW VACATION PLANPage 5102 of 10663 EXHIBIT "C" Page 5103 of 10663 Page 5104 of 10663 Page 5105 of 10663 Page 5106 of 10663 Page 5107 of 10663 Page 5108 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com , 6000 Trail Blvd. Page 5109 of 10663 6000 Trail Blvd. Page 5110 of 10663 September 19, 2024 Andrew Rath Vice President Davis Engineering, Inc. Emai: andrew@davidsonengineering.com RE: REQUEST FOR LETTER OF NO OBJECTION – VACATE OF ROW 5380-5400 TRAIL BLVD, NAPLES, FL 34108 TRAIL BLVD. ADJACENT TO LOTS 25 – 30, Block 1, PINE RIDGE SUBDIVISION PLAT BOOK, 3, PAGE 24 Dear Mr. Rath, Thank you for the opportunity to review your request for that certain ROW vacate mentioned above and illustrated in the attached Exhibit “A”. Peoples Gas System, Inc. (“PGS”) does not object to the vacate with the condition that a perpetual easement is granted to PGS for those existing active facilities within the proposed vacate area. See attached Exhibit “B”, the Easement. Please feel free to contact me with any questions. Respectfully, Isabel M. Morales Real Estate Services Attachments Page 5111 of 10663 TRAIL BOULEVARD80' RIGHT OF WAYTAMIAMI TRAIL / U.S. 41150' RIGHT OF WAYLOT 24, BLOCK A (OCCUPIED) LOT 25, BLOCK A (OCCUPIED) LOT 27, BLOCK A (OCCUPIED) LOT 28, BLOCK A (OCCUPIED) LOT 29, BLOCK A (OCCUPIED) LOT 30, BLOCK A (OCCUPIED) LOT 31, BLOCK A (OCCUPIED) LOT 32, BLOCK A (OCCUPIED) LOT 26, BLOCK A (OCCUPIED) X X X X X X XXX5900 TRAIL BOULEVARD EXISTING ONE STORY COMMERCIAL STRUCTURE FINISHED FLOOR ELEVATION = 18.04 NAVD CONTAINING 2.63 ACRES INCLUDING LAKE TOTAL ACREAGE TO EDGE OF LAKE = 1.80 EXISTING ONE STORY COMMERCIAL STRUCTURE 250'± TO PINE RIDGE ROADBENCHMARK SET PK NAIL AND DISC STAMPED CEC LB2464 ELEVATION = 16.47 APPROXIMATELY 114,603 SQUARE FEET, OR 2.63 ACRES OF LAND X4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 EXHIBIT ASHEET NO: REVISIONS DATE:REV.DESCRIPTION LEGEND 1" = 60'SCALE: N TRAIL BLVD RIGHT OF WAY VACATION EXHIBIT UNOFFICIAL LEGAL Exhibit "A" Page 5112 of 10663 Page 1 of 3 _ _- _- Peoples Gas Easement, Inc., Easement SEC. TWP. S. RGE. E. FOLIO/PARCEL ID NO. PROJECT NO. PREPARED BY AND RETURN TO: ____________________ Real Estate Department Peoples Gas System, Inc. P.O. Box 2562 Tampa, FL 33601 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ______________________________, a ______________ corporation, whose address is ____________________________________, (“Grantor”), in consideration of One Dollar and other valuable considerations paid to Grantor by PEOPLES GAS SYSTEM, INC., a Florida corporation, P.O. Box 2562, Tampa, Florida 33601 (“Company”), receipt whereof is hereby acknowledged, has given and granted unto the Company, its successors and assigns, a perpetual easement over and the right to enter upon the land in ___________________ County, Florida, described as follows: See Exhibit “A” attached hereto and by reference made a part hereof (“Easement Parcel”) together with the right of ingress and egress to and from the same, and all rights therein and all privileges thereon which are or may be necessary or convenient for the full use and enjoyment of such easement, which is for the purposes of placing, constructing, operating, maintaining, repairing, replacing on and removing from said land, installations described as follows: Underground gas line and aboveground and underground necessary appurtenances thereto, including without limitation telecommunications equipment, risers, and pipeline markers (“Facilities”). The width of the Easement (the “Easement Area”) shall be ten (10) feet lying five (5) feet on each side of the centerline of the Facilities as installed or to be constructed. The aforesaid rights and privileges granted shall include the right and privilege to root prune or remove any and all deep rooted vegetation upon said Easement Area and upon the Grantor’s lands adjacent to said land, wherever the Company may deem it necessary or desirable to do so for the protection of said installations. Company shall promptly repair any damage to the Easement Area, or any other property not owned by Company, caused by Company exercising its rights under this agreement, including ground cover, planting, roadways, driveways, sidewalks, and parking areas. Grantor reserves the right to install minor landscaping, irrigation and/or fencing within the Easement parcel provided that it does not and will not directly interfere with the Company’s Facilities, does not change grade, and does not cause water impoundment. Grantor further acknowledges that under the “Underground Facility Damage Prevention and Safety Act” (ch. 556 Fla. Stat.), that Grantor is obligated to notify “Sunshine State One-Call of Florida, Inc.” of its intent to engage in excavation or demolition prior to commencing any work and that this notification system shall provide member operations an opportunity to identify and locate, if applicable, their underground Facilities prior to said excavation or demolition. In the event Grantor fails to notify as set forth above, Grantor may be held responsible for costs and expenses incurred due to damage of Company’s Facilities. The Company agrees, at the sole expense of Grantor, to relocate its Facilities, over, under and upon subject parcel Page 5113 of 10663 Page 2 of 3 _ _- _- Peoples Gas Easement, Inc., Easement upon the request of Grantor, and the vacated portion of this easement being released and conveyed back to Grantor and the site of the relocated Facilities being conveyed and included in this easement grant as though it had been included ab initio. Company, at its option and in its sole discretion, may remove those underground portions of the Facilities that should be removed and purge and cap any portions of abandoned Facilities to be left in place. The Company agrees to amend the Easement Area at such time as Grantor provides to Company a survey of the natural gas facilities contemplated herein and a specific legal description of the revised easement area acceptable to the Company. The terms “Grantor” and “Company” herein employed shall be construed to include the words “heirs, executors, administrators and assigns” and “successors and assigns” of the respective parties hereto, wherever the context so admits or requires. This Grant of Easement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof. This Grant of Easement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Grant of Easement shall be binding upon the parties hereto and their respective successors and assigns. Grantor warrants to Company that it is duly formed, validly existing and in good standing under the laws of its state of formation, and Grantor has all requisite right, power, and authority to enter into this Easement, Grantor owns the Easement Parcel, and no consent of any other person is required to render this Easement a valid and binding instrument. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this _____ day of _____________, 20__. Signed, Sealed and Delivered in the presence of: GRANTOR: ______________________________________________, a __________corporation, WITNESS: _____________________________ Print Name: _____________________________ By: ___________________________________ Address: _____________________________ Print Name: ___________________________________ Title: ___________________________________ WITNESS: _____________________________ Adress: ___________________________________ Print Name: _____________________________ Address: _____________________________ STATE OF ____________________________ (CORPORATE SEAL) COUNTY OF __________________________ The forgoing instrument was acknowledged before me this _____________ day of ___________________ 20__ by ________________________________as____________________ of ____________________________________, on behalf of the corporation by means of □ physical presence or □ online notarization. She/He personally appeared before me, is personally known to me or has produced ___________________________ as identification and who did (did not) take an oath. (SEAL) ________________________________________________ Notary Public ________________________________________________ Print Name Commission Expires: Page 5114 of 10663 Page 3 of 3 _ _- _- Peoples Gas Easement, Inc., Easement EXHIBIT “A” Legal Description: Page 5115 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Page 5116 of 10663 September 19, 2024 Andrew Rath Vice President Davis Engineering, Inc. Emai: andrew@davidsonengineering.com RE: REQUEST FOR LETTER OF NO OBJECTION – VACATE OF ROW 5380-5400 TRAIL BLVD, NAPLES, FL 34108 TRAIL BLVD. ADJACENT TO LOTS 25 – 30, Block 1, PINE RIDGE SUBDIVISION PLAT BOOK, 3, PAGE 24 Dear Mr. Rath, Thank you for the opportunity to review your request for that certain ROW vacate mentioned above and illustrated in the attached Exhibit “A”. Peoples Gas System, Inc. (“PGS”) does not object to the vacate with the condition that a perpetual easement is granted to PGS for those existing active facilities within the proposed vacate area. See attached Exhibit “B”, the Easement. Please feel free to contact me with any questions. Respectfully, Isabel M. Morales Real Estate Services Attachments Page 5117 of 10663 TRAIL BOULEVARD80' RIGHT OF WAYTAMIAMI TRAIL / U.S. 41150' RIGHT OF WAYLOT 24, BLOCK A (OCCUPIED) LOT 25, BLOCK A (OCCUPIED) LOT 27, BLOCK A (OCCUPIED) LOT 28, BLOCK A (OCCUPIED) LOT 29, BLOCK A (OCCUPIED) LOT 30, BLOCK A (OCCUPIED) LOT 31, BLOCK A (OCCUPIED) LOT 32, BLOCK A (OCCUPIED) LOT 26, BLOCK A (OCCUPIED) X X X X X X XXX5900 TRAIL BOULEVARD EXISTING ONE STORY COMMERCIAL STRUCTURE FINISHED FLOOR ELEVATION = 18.04 NAVD CONTAINING 2.63 ACRES INCLUDING LAKE TOTAL ACREAGE TO EDGE OF LAKE = 1.80 EXISTING ONE STORY COMMERCIAL STRUCTURE 250'± TO PINE RIDGE ROADBENCHMARK SET PK NAIL AND DISC STAMPED CEC LB2464 ELEVATION = 16.47 APPROXIMATELY 114,603 SQUARE FEET, OR 2.63 ACRES OF LAND X4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 EXHIBIT ASHEET NO: REVISIONS DATE:REV.DESCRIPTION LEGEND 1" = 60'SCALE: N TRAIL BLVD RIGHT OF WAY VACATION EXHIBIT UNOFFICIAL LEGAL Exhibit "A" Page 5118 of 10663 Page 1 of 3 _ _- _- Peoples Gas Easement, Inc., Easement SEC. TWP. S. RGE. E. FOLIO/PARCEL ID NO. PROJECT NO. PREPARED BY AND RETURN TO: ____________________ Real Estate Department Peoples Gas System, Inc. P.O. Box 2562 Tampa, FL 33601 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ______________________________, a ______________ corporation, whose address is ____________________________________, (“Grantor”), in consideration of One Dollar and other valuable considerations paid to Grantor by PEOPLES GAS SYSTEM, INC., a Florida corporation, P.O. Box 2562, Tampa, Florida 33601 (“Company”), receipt whereof is hereby acknowledged, has given and granted unto the Company, its successors and assigns, a perpetual easement over and the right to enter upon the land in ___________________ County, Florida, described as follows: See Exhibit “A” attached hereto and by reference made a part hereof (“Easement Parcel”) together with the right of ingress and egress to and from the same, and all rights therein and all privileges thereon which are or may be necessary or convenient for the full use and enjoyment of such easement, which is for the purposes of placing, constructing, operating, maintaining, repairing, replacing on and removing from said land, installations described as follows: Underground gas line and aboveground and underground necessary appurtenances thereto, including without limitation telecommunications equipment, risers, and pipeline markers (“Facilities”). The width of the Easement (the “Easement Area”) shall be ten (10) feet lying five (5) feet on each side of the centerline of the Facilities as installed or to be constructed. The aforesaid rights and privileges granted shall include the right and privilege to root prune or remove any and all deep rooted vegetation upon said Easement Area and upon the Grantor’s lands adjacent to said land, wherever the Company may deem it necessary or desirable to do so for the protection of said installations. Company shall promptly repair any damage to the Easement Area, or any other property not owned by Company, caused by Company exercising its rights under this agreement, including ground cover, planting, roadways, driveways, sidewalks, and parking areas. Grantor reserves the right to install minor landscaping, irrigation and/or fencing within the Easement parcel provided that it does not and will not directly interfere with the Company’s Facilities, does not change grade, and does not cause water impoundment. Grantor further acknowledges that under the “Underground Facility Damage Prevention and Safety Act” (ch. 556 Fla. Stat.), that Grantor is obligated to notify “Sunshine State One-Call of Florida, Inc.” of its intent to engage in excavation or demolition prior to commencing any work and that this notification system shall provide member operations an opportunity to identify and locate, if applicable, their underground Facilities prior to said excavation or demolition. In the event Grantor fails to notify as set forth above, Grantor may be held responsible for costs and expenses incurred due to damage of Company’s Facilities. The Company agrees, at the sole expense of Grantor, to relocate its Facilities, over, under and upon subject parcel Page 5119 of 10663 Page 2 of 3 _ _- _- Peoples Gas Easement, Inc., Easement upon the request of Grantor, and the vacated portion of this easement being released and conveyed back to Grantor and the site of the relocated Facilities being conveyed and included in this easement grant as though it had been included ab initio. Company, at its option and in its sole discretion, may remove those underground portions of the Facilities that should be removed and purge and cap any portions of abandoned Facilities to be left in place. The Company agrees to amend the Easement Area at such time as Grantor provides to Company a survey of the natural gas facilities contemplated herein and a specific legal description of the revised easement area acceptable to the Company. The terms “Grantor” and “Company” herein employed shall be construed to include the words “heirs, executors, administrators and assigns” and “successors and assigns” of the respective parties hereto, wherever the context so admits or requires. This Grant of Easement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof. This Grant of Easement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Grant of Easement shall be binding upon the parties hereto and their respective successors and assigns. Grantor warrants to Company that it is duly formed, validly existing and in good standing under the laws of its state of formation, and Grantor has all requisite right, power, and authority to enter into this Easement, Grantor owns the Easement Parcel, and no consent of any other person is required to render this Easement a valid and binding instrument. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this _____ day of _____________, 20__. Signed, Sealed and Delivered in the presence of: GRANTOR: ______________________________________________, a __________corporation, WITNESS: _____________________________ Print Name: _____________________________ By: ___________________________________ Address: _____________________________ Print Name: ___________________________________ Title: ___________________________________ WITNESS: _____________________________ Adress: ___________________________________ Print Name: _____________________________ Address: _____________________________ STATE OF ____________________________ (CORPORATE SEAL) COUNTY OF __________________________ The forgoing instrument was acknowledged before me this _____________ day of ___________________ 20__ by ________________________________as____________________ of ____________________________________, on behalf of the corporation by means of □ physical presence or □ online notarization. She/He personally appeared before me, is personally known to me or has produced ___________________________ as identification and who did (did not) take an oath. (SEAL) ________________________________________________ Notary Public ________________________________________________ Print Name Commission Expires: Page 5120 of 10663 Page 3 of 3 _ _- _- Peoples Gas Easement, Inc., Easement EXHIBIT “A” Legal Description: Page 5121 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Page 5122 of 10663 Page 5123 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Manager of Bay Pines Medical Center Condominium Association, Inc. 6100 Trail Blvd., Naples, FL 34108 Page 5124 of 10663 Letter of Endorsement I, , understand the intent for the overall boutique hotel and Trail BLVD revitalization project. I also understand that my endorsement is not an agreement to a specific landscape design, rather it is an endorsement to the vacation and revitalization concept of Trail BLVD. Printed Name: Signature: Title: Date: Company/Entity: (Please sign, scan, and email back to: philipm@gulfcoastcommercial.com) Carlo F. Zampogna, Manager Carlo F. Zampogna, Manager Manager and Authorized Member North Trail Office, LLC June 27, 2024 Manager of Bay Pines Medical Center Condominium Association, Inc. 6100 Trail Blvd., Naples, FL 34108 Page 5125 of 10663 August 24, 2023 Attn: Catherine Louise RE: Request for Letter of No Objection - Vacation of Right-of-Way 5380-5400 Trail Blvd., Naples, FL 34108 Trail Blvd. adjacent to Lots 25 through 30, Block A, Pine Ridge Subdivision, Plat Book 3, Page 24 Dear Catherine, 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 5126 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Denis Dreni 6400 Trail Blvd (Resident) Page 5127 of 10663 Letter of Endorsement I, , understand the intent for the overall boutique hotel and Trail BLVD revitalization project. I also understand that my endorsement is not an agreement to a specific landscape design, rather it is an endorsement to the vacation and revitalization concept of Trail BLVD. Printed Name: Signature: Title: Date: Company/Entity: (Please sign, scan, and email back to: philipm@gulfcoastcommercial.com) Page 5128 of 10663 City of Naples PUBLIC WORKS UTILITIES TELEPHONE (239) 213-4745 ● FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE ● NAPLES, FLORIDA 34102 Ethics above all else ... Service to others before self ... Quality in all that we do. Page 1 of 2 October 11, 2023 Noel J. Davies, Esquire Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples, FL 34109 (sent via email: noel.davies@daviesduke.com) Subject: Letter of No Objection – Vacation of Portion of Right-of-Way (Trail Boulevard) 5380-5400 Trail Blvd, Naples, FL 34108 Dear Mr. Davies, The City of Naples Utilities Department is in receipt of your letter dated June 29, 2023 requesting: The vacation of a certain portion of a right-of-way located adjacent to the above-referenced properties, as depicted in the attached exhibit. The Utilities Department has reviewed the exhibit, and has confirmed that there are no existing City- owned water, sanitary sewer, or reclaimed water facilities located within that portion of the right-of-way that is proposed to be vacated. The above referenced properties are connected to the City’s sanitary sewer system on the south side of Pine Ridge Road, via a private lift station and sanitary forcemain. However, these properties are physically located outside of the City’s water and sewer service area. If re-development of the above referenced properties is to occur in the future, and a connection to the Collier County Water-Sewer District is feasible, the City would seek to have the private sewer connection disconnected from the City’s sanitary sewer system. This correspondence serves as our formal Letter of No Objection to the above referenced right-of-way vacation. If you have any questions or require any additional information, please contact this office at 239-213-4713. Page 5129 of 10663 Ethics above all else... Service to others before self... Quality in all that we do. Page 2 of 2 Sincerely, Michelle Baines, P.E. Public Works Deputy Director – Utilities Page 5130 of 10663 TRAIL BOULEVARD80' RIGHT OF WAYTAMIAMI TRAIL / U.S. 41150' RIGHT OF WAYLOT 24, BLOCK A (OCCUPIED) LOT 25, BLOCK A (OCCUPIED) LOT 27, BLOCK A (OCCUPIED) LOT 28, BLOCK A (OCCUPIED) LOT 29, BLOCK A (OCCUPIED) LOT 30, BLOCK A (OCCUPIED) LOT 31, BLOCK A (OCCUPIED) LOT 32, BLOCK A (OCCUPIED) LOT 26, BLOCK A (OCCUPIED) X X X X X X XXX5900 TRAIL BOULEVARD EXISTING ONE STORY COMMERCIAL STRUCTURE FINISHED FLOOR ELEVATION = 18.04 NAVD CONTAINING 2.63 ACRES INCLUDING LAKE TOTAL ACREAGE TO EDGE OF LAKE = 1.80 EXISTING ONE STORY COMMERCIAL STRUCTURE 250'± TO PINE RIDGE ROADBENCHMARK SET PK NAIL AND DISC STAMPED CEC LB2464 ELEVATION = 16.47 APPROXIMATELY 114,603 SQUARE FEET, OR 2.63 ACRES OF LAND X4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 EXHIBIT ASHEET NO: REVISIONS DATE:REV.DESCRIPTION LEGEND 1" = 60'SCALE: N TRAIL BLVD RIGHT OF WAY VACATION EXHIBIT UNOFFICIAL LEGAL Page 5131 of 10663 Page 5132 of 10663 Page 5133 of 10663 4800 Davis Blvd · Naples, Florida 34104 · 239-252-8924 · www.colliercountyfl.gov Waterside Hotel Development, LLC ATTN: Noel J. Davies 1415 Panther Lane, Suite 442 Naples, FL 34109 September 20, 2024 RE: PL20240002006 Letter of No Objection - Vacation of Right 5380-5400 Trail Blvd., Naples, FL 34108 Dear Noel J. Davies, We have reviewed your request for vacation at the above address: PLAT BOOK 3 PAGE 24 In response to your request to vacate a portion of approximately 0.55 acres of land platted right of way, as described on the plat book 3, page 24, located along Trail Boulevard, adjacent to lot 25 through 30, block A, Pine Ridge Subdivision to the west of the properties Located at 5380 Trail Boulevard and 5400 Trail Boulevard with Parcel IDs 67180880002 and 67180840000. The Collier County Road, Bridge and Stormwater Maintenance Division (RBSM) has reviewed your request for a vacation as per PL20240002006 and has no objection to the vacation of the 80’Wx 300’L ROW on Trail Blvd on the following conditions. • In exchange for this vacation RBSM Division will retain XXX (WHEREVER AREA) from the end of the vacation point as the northeast corner of the intersection of Pine Ridge and US 41. A donation from the applicant to the public that also includes the transformative improvements on The Right of Way of the given area. It would include hardscaping, lush landscaping, new curbing, upgraded sidewalks and sidewalk lighting to create a pedestrian friendly revival of this portion of Trail Boulevard. Further, the Right of Way Improvements contemplate additional green space, heavily landscaped median islands and a significant reduction of impervious area. Response: The County will retain Trail Blvd. from the end of the vacation point. Page 5134 of 10663 4800 Davis Blvd · Naples, Florida 34104 · 239-252-8924 · www.colliercountyfl.gov • The applicant shall provide a two-way access easement to the County over the vacate area. Response: The County will retain an access easement, a draft of which has been submitted and also shared with Robert Bosch. • All improvements shall be made in accordance with County Standards. Response: Acknowledged. • The Collier County will not assume maintenance responsibility for roadways, pavers, curbing, sidewalk, landscaping, and drainage easements. Response: Please see attached draft Landscape Maintenance Agreement. • The applicant commits that no structures will be constructed within the to be vacated area, rather, lush landscaping and state of the art hardscaping will be provided. The applicant shall not disrupt any existing utilities in the to be vacated area; current utilities will be granted replacement easements from the applicant. Response: Applicant commits that no buildings will be constructed within the area to be vacated. X Marshal Miller Division Director Page 5135 of 10663 Page 5136 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com , 6000 Trail Blvd. Page 5137 of 10663 6000 Trail Blvd. Page 5138 of 10663 Page 5139 of 10663 Page 5140 of 10663 Page 5141 of 10663 Page 5142 of 10663 Page 5143 of 10663 Page 5144 of 10663 A NEXTera ENERGY Company July 25th 2024 Davidson Engineering, Inc. 4365 Radio Rd Ste 201 Naples, FL 33104 Dear Andrew Rath, This letter is in response to your request for the review of a ROW vacation. In meeting with your request, FPL has no objection to the proposed public utility easements for “WATERSIDE HOTEL DEVELOPMENT”, This letter of not objection is not to be used as release of rights to any existing facilies. FPL will require new easments public utility easements or FPL dedicacted easments to be recorded with Collier County before releasing rights to any existing facility in the ROW to be vacated. Should you have any questions or concerns, please feel free to contact me. Sincerely, Orlando Fernandez Distribution Engineer orlando.fernandez@fpl.com 239-367-4156 Florida Power & Light Company, 4105 15th Ave SW , Naples, FL 34116 Phone: 239-353-6090, Fax: - Page 5145 of 10663 Page 5146 of 10663 Page 5147 of 10663 Page 5148 of 10663 Page 5149 of 10663 Page 5150 of 10663 Page 5151 of 10663 Page 5152 of 10663 Page 5153 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Page 5154 of 10663 Page 5155 of 10663 July 5, 2023 Catherine Louise Land Use Paralegal Davis Duke, PLLC 1415 Panther Lane, Suite 442 Naples, FL 34109 RE: Objection to Vacation of Right of Way at 5380-5400 Trail Blvd., Naples, Florida, 34108 Trail Blvd., adjacent to Lots 25 through 30, Block A, Pine Ridge Subdivision, Plat Book 3, Page 24 Dear Catherine, In response to your request of proposed vacation of a portion of the right-of-way at 5380-5400 Trail Blvd., Naples, Florida, adjacent to Lots 25 through 30, Block A, Pine Ridge Subdivision, Plat Book 3, Page 24, as presented on the print sent to this office; LUMEN does object. LUMEN has 5-buried copper entrance cables (3-25 pair cables, 1-50 pair cable, and 1- 100 pair cable) located in the right of way with working customer services, and there is no other access to serve these customers. LUMEN, therefore, does not want to relinquish right of way rights, unless Customer is willing to fund relocation cost of all facilities and furnish any new easements/right of way that maybe needed. If I can be of further assistance, feel free to contact me at 239-920-5935 or email Kenneth.Stinnett@lumen.com. Sincerely, Kenneth Stinnett Local Network Engineer II LUMEN 3530 Kraft Rd, Unit 100 Naples, FL3410 Tel: 239-920-5935 Kenneth.Stinnett@lumen.com Page 5156 of 10663 Page 5157 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Page 5158 of 10663 Page 5159 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Manager of Bay Pines Medical Center Condominium Association, Inc. 6100 Trail Blvd., Naples, FL 34108 Page 5160 of 10663 Letter of Endorsement I, , understand the intent for the overall boutique hotel and Trail BLVD revitalization project. I also understand that my endorsement is not an agreement to a specific landscape design, rather it is an endorsement to the vacation and revitalization concept of Trail BLVD. Printed Name: Signature: Title: Date: Company/Entity: (Please sign, scan, and email back to: philipm@gulfcoastcommercial.com) Carlo F. Zampogna, Manager Carlo F. Zampogna, Manager Manager and Authorized Member North Trail Office, LLC June 27, 2024 Manager of Bay Pines Medical Center Condominium Association, Inc. 6100 Trail Blvd., Naples, FL 34108 Page 5161 of 10663 City of Naples PUBLIC WORKS UTILITIES TELEPHONE (239) 213-4745 ● FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE ● NAPLES, FLORIDA 34102 Ethics above all else ... Service to others before self ... Quality in all that we do. Page 1 of 2 October 11, 2023 Noel J. Davies, Esquire Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples, FL 34109 (sent via email: noel.davies@daviesduke.com) Subject: Letter of No Objection – Vacation of Portion of Right-of-Way (Trail Boulevard) 5380-5400 Trail Blvd, Naples, FL 34108 Dear Mr. Davies, The City of Naples Utilities Department is in receipt of your letter dated June 29, 2023 requesting: The vacation of a certain portion of a right-of-way located adjacent to the above-referenced properties, as depicted in the attached exhibit. The Utilities Department has reviewed the exhibit, and has confirmed that there are no existing City- owned water, sanitary sewer, or reclaimed water facilities located within that portion of the right-of-way that is proposed to be vacated. The above referenced properties are connected to the City’s sanitary sewer system on the south side of Pine Ridge Road, via a private lift station and sanitary forcemain. However, these properties are physically located outside of the City’s water and sewer service area. If re-development of the above referenced properties is to occur in the future, and a connection to the Collier County Water-Sewer District is feasible, the City would seek to have the private sewer connection disconnected from the City’s sanitary sewer system. This correspondence serves as our formal Letter of No Objection to the above referenced right-of-way vacation. If you have any questions or require any additional information, please contact this office at 239-213-4713. Page 5162 of 10663 Ethics above all else... Service to others before self... Quality in all that we do. Page 2 of 2 Sincerely, Michelle Baines, P.E. Public Works Deputy Director – Utilities Page 5163 of 10663 TRAIL BOULEVARD80' RIGHT OF WAYTAMIAMI TRAIL / U.S. 41150' RIGHT OF WAYLOT 24, BLOCK A (OCCUPIED) LOT 25, BLOCK A (OCCUPIED) LOT 27, BLOCK A (OCCUPIED) LOT 28, BLOCK A (OCCUPIED) LOT 29, BLOCK A (OCCUPIED) LOT 30, BLOCK A (OCCUPIED) LOT 31, BLOCK A (OCCUPIED) LOT 32, BLOCK A (OCCUPIED) LOT 26, BLOCK A (OCCUPIED) X X X X X X XXX5900 TRAIL BOULEVARD EXISTING ONE STORY COMMERCIAL STRUCTURE FINISHED FLOOR ELEVATION = 18.04 NAVD CONTAINING 2.63 ACRES INCLUDING LAKE TOTAL ACREAGE TO EDGE OF LAKE = 1.80 EXISTING ONE STORY COMMERCIAL STRUCTURE 250'± TO PINE RIDGE ROADBENCHMARK SET PK NAIL AND DISC STAMPED CEC LB2464 ELEVATION = 16.47 APPROXIMATELY 114,603 SQUARE FEET, OR 2.63 ACRES OF LAND X4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 EXHIBIT ASHEET NO: REVISIONS DATE:REV.DESCRIPTION LEGEND 1" = 60'SCALE: N TRAIL BLVD RIGHT OF WAY VACATION EXHIBIT UNOFFICIAL LEGAL Page 5164 of 10663 August 24, 2023 Attn: Catherine Louise RE: Request for Letter of No Objection - Vacation of Right-of-Way 5380-5400 Trail Blvd., Naples, FL 34108 Trail Blvd. adjacent to Lots 25 through 30, Block A, Pine Ridge Subdivision, Plat Book 3, Page 24 Dear Catherine, 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 5165 of 10663 Dear Neighbor, The McCabe family, under PJM & Sons’ Hospitality, who played a critical role in the revitalization of 5th Ave., are asking for your support of a 5-Star boutique Hotel and Trail BLVD revitalization project. PJM & Sons’ recently purchased the two south parcels of 5400 Trail BLVD & 5380 Trail BLVD. The overarching goal of the property and development intent of Trail BLVD is to build a destination 5-star Boutique hotel and to improve the commercial district of Trail BLVD from 7/11 to Ridge Drive. PJM & Sons’ Hospitality is seeking your support for the county vacation of the 80’ Trail BLVD right-of-way for the 300 linear foot frontage of the 5-star hotel development site. Such vacation will have no effect on current transportation circulation, preserving all means of ingress and egress to and from 7/11, Trail BLVD, 41, and Pine Ridge Estates. If granted, PJM & Sons will donate and manage via a landscape agreement the entire Trail BLVD landscaping from 7/11 to Ridge drive, adding new landscaping, curb cuts, sidewalks, lamps, and other streetscape elements to enhance the commercial district of Trail BLVD. Such enhancements will have no impact on parking or access to property owners along Trail BLVD. and will be a significant improvement, creating a more attractive commercial district on the East side of 41. PJM & Sons is working with County and State transportation to also add a deceleration lane along 41 and improve the present bus stop to promote safer and more functional ingress and egress. Attached are renderings of the hotel project, as well as a conceptual landscape/streetscape plan for Trail BLVD. Please note this is not supporting any specific plan, rather supporting the concept of the overall vacation and revitalization intent. Given the vacation from the county, PJM & Sons’ will form an open dialogue with property owners along Trail BLVD. with all landscape plans for feedback and a mutually agreeable design. Please review the materials which showcase the boutique hotel and Trail BLVD landscape concept, and if you agree, we would appreciate your signed endorsement of the vacation and revitalization project. I firmly believe this will be transformative for the area. Regards, Philip J. McCabe PJM AND SONS’ HOSPITALITY, LLC 455 Citation Point Naples, FL 34104 www.gulfcoastcommercial.com TO WHOM IT MAY CONCERN ADDRESS ADDRESS Philip McCabe 239.213.8392 Philipm@gulfcoastcommercial.com Denis Dreni 6400 Trail Blvd (Resident) Page 5166 of 10663 Letter of Endorsement I, , understand the intent for the overall boutique hotel and Trail BLVD revitalization project. I also understand that my endorsement is not an agreement to a specific landscape design, rather it is an endorsement to the vacation and revitalization concept of Trail BLVD. Printed Name: Signature: Title: Date: Company/Entity: (Please sign, scan, and email back to: philipm@gulfcoastcommercial.com) Page 5167 of 10663 A NEXTera ENERGY Company July 25th 2024 Davidson Engineering, Inc. 4365 Radio Rd Ste 201 Naples, FL 33104 Dear Andrew Rath, This letter is in response to your request for the review of a ROW vacation. In meeting with your request, FPL has no objection to the proposed public utility easements for “WATERSIDE HOTEL DEVELOPMENT”, This letter of not objection is not to be used as release of rights to any existing facilies. FPL will require new easments public utility easements or FPL dedicacted easments to be recorded with Collier County before releasing rights to any existing facility in the ROW to be vacated. Should you have any questions or concerns, please feel free to contact me. Sincerely, Orlando Fernandez Distribution Engineer orlando.fernandez@fpl.com 239-367-4156 Florida Power & Light Company, 4105 15th Ave SW , Naples, FL 34116 Phone: 239-353-6090, Fax: - Page 5168 of 10663 Page 5169 of 10663 Page 5170 of 10663 Page 5171 of 10663 Page 5172 of 10663 Page 5173 of 10663 Page 5174 of 10663 Page 5175 of 10663 Page 5176 of 10663