The URL can be used to link to this page

Backup Documents 12/10/2024 Item #17D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP g 7 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. - 2. 3. County Attorney Office County Attorney Officeo e 12, I I I 1 4. BCC Office Board of County Commissioners U� � /1514 1211'312H 5. Minutes and Records Clerk of Court's Officeti/Zy PRIMARY CONTACT INFORMATION /mil Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Marcus L.Berman,P.S.M. Phone Number 239.252.6885 Contact/ Department Agenda Date Item was 12/10/2024 Agenda Item Number 17.D. Approved by the BCC Type of Document Original Resolution w/Exhibits A, Number of Original 1 Attached B, C, & D Z02q- 2 Sy Documents Attached PO number or account 131-138327-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? alivcoOlt r ' IJIA 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed MLB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MLB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MLB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 10,2024 and all changes made Ni"t is not during the meeting have been incorporated in the attached document. The County 0V 111an optic� Attorney's Office has reviewed the changes,if applicable. this line: 9. Initials of attorney verifying that the attached document is the version approved by the NIA is not BCC,all changes directed by the BCC have been made,and the document is ready for the tO�/ an optioiP Chairman's signature. YY " I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17D w J RESOLUTION NO. 2024- 2 5 4 0 a A RESOLUTION OF THE BOARD OF COUNTY 0, o COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO w 0 coo DISCLAIM, RENOUNCE AND VACATE THE COUNTY a Q AND THE PUBLIC INTEREST IN A PORTION OF M Q 1— HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT 0 0 0 0 RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. " c\J o BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, o UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, c0 w Z FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON N 0 - THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY s o ° cc o0 Ywl� WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, °w J 69 RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ,„'- Ow cc 0 °ce [PL20220004451] WHEREAS,pursuant to Resolution 2021-243,petitioner Zachary W. Lombardo, Esq., of Woodward, Pires, & Lombardo, P.A.,on behalf of the property owner,has requested the vacation of the County and the Public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave.N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit"A", attached hereto; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, owns the North 186.92 Feet of Tract 11, Golden Gate Estates, Unit No. 95, by virtue of that certain Warranty Deed recorded in Official Records Book 5788, Page 2939, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel No. 41820441002; and WHEREAS, WEJ,JR,LLC, a Florida Limited Liability Company owns Tract 12, Golden Gate Estates, Unit No. 95,by virtue of those certain Warranty Deeds recorded in Official Records Book 5852, Page 3770, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel Nos. 41820480005 and 41820520004; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and WEJ, JR, LLC, a Florida Limited Liability Company (hereinafter collectively referred to as"Jones")collectively owns the North 186.92 Feet of Tract 11 and Tract 12 (hereinafter referred to as "Jones' Property"); and WHEREAS, Hickory Wood Drive is legally known as that certain 60-foot-wide road labeled 5TH. AVE. N.W., GOLDEN GATE ESTATES, UNIT NO. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida (hereinafter "Hickory Wood Drive"), by virtue of Resolution No. 98-111, recorded in Official Records Book 1917, Page 528, in the Public Records of Collier County, Florida; and [22-EIS-04737/1896359/2] Page 1 of 5 CAO 17D WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners, nor invade or violate individual property rights and otherwise qualifies under section 336.09, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Jones shall provide the County 0.6± acres of compensating right-of-way easement along the easterly portion of Jones' Property, asrwell as replacement drainage, access, and utility easements without responsibility for maintenance where Hickory Wood Drive bisects Jones' Property, as shown in Exhibit "C'', in a form approved by the County Attorney's Office, and with corresponding subordination agreements, if necessary. The aforementioned access easement is specifically not granted to the public. 3. The County shall have the perpetual right to access and maintain the drainage, access, and utility easements where Hickory Wood Drive bisects Jones' Property. 4. Should Jones choose to fence, gate, or otherwise alienate the public from Jones' Property, any gate shall be set back at least 100 feet from the edge of pavement in the Logan Boulevard right of way at Jones's sole cost and expense,and Jones shall provide the County and any other easement interest owners sufficient legal access to the drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property. Jones shall move any gate that the County determines is closer than 100 feet from the Logan Boulevard pavement within 90 days of the County providing Jones written notice of the request to move the gate and applicable plans regarding the location of the pavement in the right of way and set back. Jones will move the gate at their sole cost and expense. 5. This Resolution shall be construed by County staff to resolve and settle the Code Enforcement action styled CEROW20220001483. 6. Should this Resolution or the proposed vacation application create any nonconformities,as defined by and pursuant to Collier County Land Development Code (LDC), any such nonconformities shall be considered nonconformities created or increased by public acquisition, and Jones shall be entitled to such appropriate relief under LDC section 9.03.07, as applicable, at the determination of the County Manger or designee. 7. This Resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and Jones has joined into this Resolution and waived any and all claims to the contrary related to this Resolution or the proposed vacation application, as documented in Exhibit "D", attached hereto and incorporated herein by reference. [22-EIS-04737/1896359/2] Page 3 of 5 17D WHEREAS, Hickory Wood Drive bisects Jones' Property and leads to a dead end; and WHEREAS, on or about August 23,2022,Jones made application for the vacation of that portion of Hickory Wood Drive westerly of Logan Boulevard (PL20220004451) (hereinafter "proposed vacation application"), between Tracts 11 and 12, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida, the sketch and legal description of said proposed vacation is attached hereto as Exhibit"A" and incorporated herein by reference (hereinafter "proposed right of way vacation"); and WHEREAS, the Collier County holds the platted right-of-way Hickory Wood Drive in trust on behalf and for the benefit of the public, and maintains said right-of-way the same; and WHEREAS, public utilities companies, including but not limited to, Florida Power & Light Company and Comcast Cable Communications, LLC, utilize that portion of the Hickory Wood Drive proposed right of way vacation; and WHEREAS, Jones is proposing to create a greater public benefit by providing a 0.6±acre easement of compensating right-of-way along the easterly portion of Jones' Property and drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property, as part of the proposed vacation application's approval, attached hereto as Exhibit "C" and incorporated herein by reference; and WHEREAS, the public benefit provided for in Jones' proposed vacation application provides for greater public benefit and welfare than the existing governmental use of the platted right-of-way and its possession in trust for the benefit of the public; and WHEREAS, Jones' proposed vacation application is in the public interest and for the benefit of convenience of the public and is not for the benefit of a purely private interest; and WHEREAS, Jones agrees that this resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and WHEREAS, Jones is subject to a certain Collier County Code Enforcement action styled CEROW20220001483 relating to Jones' current use of Hickory Wood Drive; and WHEREAS, at its November 12, 2024 regular meeting, the Board of Commissioners, via Resolution No. 2024-221, approved the scheduling of a public hearing on December 10, 2024, pursuant to Resolution 2021-243; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and [22-EIS-04737/1896359/2] Page 2 of 5 I 7 D 8. This Resolution,by way of Jones'joinder and consent attached as Exhibit"D", establishes a valid and enforceable covenant running with the land described herein as Jones' Property. Jones hereby acknowledges that the specified terms described in this Resolution benefit, touch, and are adjacent to Jones' Property. This Resolution shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Jones' Property and every person or entity having any interest therein at any time and from time to time. 9. The Public and County interests in the proposed right of way vacation will be extinguished as set forth below in¶ 11; however, such extinguishment will not apply to all underlying common law easements prescribed or existing otherwise, such as implied drainage,utility, and access easements by such easement interest holders nor will such extinguishment apply to the public utility easement reserved by this Resolution. Only the Public and County right of way rights shall be vacated and abandoned, as set forth in¶ 11. 10. The County hereby retains in perpetuity for public utility companies a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit"A", as a utility easement for the construction, installation, maintenance, and operation of public utilities. 11. Subject to the terms of this Resolution and the reservation and preservation of said right of way's underlying common law easements, as prescribed in ¶ 9 and the retainment of a public utility easement in¶ 10, the County and the Public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. [Signature Page to Follow] [22-EIS-04737/1896359/2] Page 4 of 5 90 17D THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 10th day of December 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL'K. KINZEL, CLERK COLLIER COUNTY, FLORIDA V— By: By llej64- Deputy Clerk Chris a Chairman Attest as to Chairman's signature only. Approved as to form and legality: Attachments: Exhibit "A" - Sketch& Description O n Exhibit "B" - Location-Site Map UJD `�/ Q Exhibit "C" - Conceptual Site Plan Exhibit "D" - Joinder and Consent Derek D. Perry fV Assistant County Attorney \\ [22-EIS-04737/1896359/2] Page 5 of 5 n 0 OMO'OS PP1—cZ\A3ndnS\d0 GOON Z( Ia>OIH 170trc — ffl \r'ZOZ .(3i1d17S 133r'Odd\.(3i1dnS\;0W -oo oW o (00 o ¢0 ° (0 o o ((3 ogQ z Qom= F- o c Q 4. lY cc. 4. LL O 4u 4. Q 2 O ti o u N a v o 0 Um� U W Li due~ W O� 0 � W W 22C) ti ��cnti `�Lc) co &Cvi9� CC 2 20�4. 22 Lu� OCt ln 2 2 0 W 0cn00 o N >.>.a0N a � Ll c � Z JO � L J �T =W� ��00 oy o 1' Yv \� :. O ~ ZWO p 2 � �0 titi0� W•- > o �u 4 22 Q � ce -m ti �m 2 ti ct ook ti-.Q3 m p •w• poi-- 000 W us ¢p0 � 00 Zz 0m2 JZ o Z6 24Uij pp O Z ° 0 � It 0U3 L2 0j20 �4iQ (o - 2 pQ =kQU tiZ2� < w m Q F ui w .> x' ,,,.1?3I �o UUW� QZ GI 2 ¢ Q c�i 2 W �i W��¢ 'iIl Q W v Q CC CI cn 0 O QC Ln 2 2 uj J O ct Lu Lu a .'' `s.> a etct�L, W 2 U =0 �� QO U2 Oa)-4 Qti Q.Q.k '"•',,, `Tll OU cc C. W ti —co U s. 2 0 � U 0U 2 Q Q 2 0 O J �Q ¢ 00 k 2 2 ctm vS LU �2 WZ 0 a p Q � 2 Uiu ¢ (.n cn � o� ¢� OpOW L. el Cu o0� <~ 0¢ Q. m�0 4 2 J CC 0 c� O 0Ncn t Q°jcn� citiQ ° 2�rnIWWrnQ pQ Ce L..co ¢ co O �g0 U �2�� T32 W��o3Wc�"noN3�� W QW� o 000 � zc,w Cl) U 2 2 W 2 2 �4i ,; o o� � W �,�° o: a 3 �vi�: 25ti '52�: k 'o 0 0�� ; W aW'�ti II z rn co . 2jcc� 20 oWW20 4j. �Lu0 Lu4Li0ki 2 U=j�W wo00 cv W 0L02UJh (4)y) 0 Cc -- 3 to cn0� CO W ° (11 Co ~m U ~ ~ 2 O1 0 Q ti :V O1 ti 'T Q.0 Q °O Q U > 0 w D 0 � Z Q z 2�pp °poWo ¢p� °0 pti0pti� � Oo •2 Q 3 0 P 2��z2 . . i-0 H En zZ r Q� - 5„a- . c)o ecn o cn 2p OW v o?-, ;r "'� Qc„Qti4, W CK n Z s �W a Q � Qti �� ~�p� ti p � � ~� v1�WN cn� Up``o� o r� <OLd Q W 20 o�N.W o0W� o � � 0W3� c) e� 0 Li tio�z C0(DDmK 0Z Uj Uj Q `'k CZ � ,, 4_ U �LLJ Q � � K rx UUO0 Z2 �m0 �3U24.o Lu U2c)0 Cu � � 0u,m 2 uj 2^� O W� `n�CO(nu, U) 5EECD W ~ Q6i0O ~ U �CO W WU0CCU LUL) 0WU U � U Ct Q W Q—O;2 �Q cl�WOcn aU 0 U CO Z W p��2 � luhlnW Ld °QOIWp�OJWiuOW � WOtn 2 Om¢o2 pU ~2J�a O =Uw � WO � WO 0 QOoim OUti oh OtiN)4.0 0 � �LLtirOi tn0 QU Z .;g2mm NO "'i 5 0Lu F� H OJ — Q W m = U LL — — BZ 10 b2/1 9Z iOVeLL 0_I L 0 < J Z J J W CC Z a U U W 3F W CI ¢Wa _J Z Q coLd o o N 02:1VA37nO9 NVDO7 0 0 o co a `� H O O cn L o �i- --aL, . O c, - >v a Z L., a ce co w I \\ I O a�Gm . N d 2 v _ cO9 vo 0 Z 2 p> O N G �1 W cn m H O Oco •hOOp 0 0 C U C O�J o k L. 4PU WOE t [ m O kp �� 3�a O y a o Cc O0 p 31� 0 d . m mU �� O Joy _. W 22 oj��000 NZh � �, ~ • Q20pppp I ^Wa O� 30 Z QQo Lj 0O ZO '-N h c. 0 ° II II II II II II II Eta p W �p ol `t = v �� h O N 'drn QWo a 0 21U Q c� 0 W Y O cc 0 0 0 0 ,-� a 0 ~off �. a 0 �Q20pppp �� 0) ), Q in WOE( �~ of QWo ¢ •0 QWo kW0 �1 O 0Zh k� m Wz. Qsti 0d '6 ad Z 0 O(o � o 0 a 1N3W3SV3 AdMOd021 ,09 0) o a Z a 14 2 2 Q Q vs Q W NO J LJ Wa �N"� W ` v 7' ti 2� 0N- D .y CO a on co o wa � 03�h Q Gr l!J M O tu a ,l 0.09 M„cf,BZ.00N Z c (� = o. 11 3Odd '6Z )1008 LV7d W —Ga.— NOIS/A/09nS 000M3003M 2 '5 1 N3ddna 3dd3SONV7 ,Sl C7 ; coo „H.1V'O L CAO II II - 17D I 0 II II in in o `° 71I> in zlI > Q • o Li o > o - - < g 0 o I wa w r - in 1 w I 1 0 m O ~ < Y Y I m Cif Q wa< � I Z o 0) 0 N ro W 0 W if) N IX) W Z N N N NZ‹ N N N N N 1--1 Q WWU > ..1_ _ _ ___ — 1 L — _u)mQ albn3Ir08 Nd9o3 —1 p - - -W co r, co I I Lo 0 II N cm 8 M kr) -r-- ----I-F---- --- — - — - 0 61.-l l S30`dd `�Z >1008 IVid o N011b'IOOSSd J.11N(1WW00 Sa�Jb'Jl3NlA o cct cz — 31V3S Ol lON c Q Q Q a �,9 oI �w 6 _ ,,.b c� xs o oC.) o <P N I I � di i „> .� n .:O6o ,1 2 -- 4 Z Gf \Z W 13 Q. C.)L6 1N cg ixN <m d � �� N O w — o '= o= z COS an 5 QaooMi3anY I ti �� 3 WW �- ° z$Sx r 3 W a z w < 3h03 5181 f 0 2 < � 41 ch b1 � x a Z c�� < w c9 o von rn Ci n t0 N i o n J a 3pppNZ °i 3111 2 Z I.- i I i NWT oWE E 0 4 I N o z Ela a \ > G VA31l08 NV001 0 0 I-1 1 m a P < F.._, Z N y v yWW�W O -cR}c}^ F r N<~ W W 0 1n _.`ex... 6< 4 N c3 2 M U D 5 S `J - Gs3' q Q <a- U' y ca3d 0 3 ^ O N LL _IsL-31V1S?J31N1 / r n9f1YW c c � o 6a O cs ev c LO 0 C.. C) SS ` c a 0�L q J -1 In .s Y t-� NC it F. o g II z ' .1\41 U M M r' 1 4 J 41 SAg Li tp } O14Q1.. W u v Az0 W a �C Z Q. 4 .. 8, Y a _ a Cca z II a II II II d $ (-) rGp - Ce 9Z/0br2f1 I I 9 10172I1 ).- u_ir _ _ ,.... . clz0 nW U . _______ ,,o; N Q&VA3?nag NV007 a awcn o q — — — 4 1 — — 0 CO I X w ,r) a) 0 o Z Z z• Z NUJ isa. H Ica g 2 i tx o w1-- (.3 SI id '6 $d x ( Q .M303513 h4'MQ1 6o ,09 r-- Z ZCI�, W a z�i CC D a4 a b I— F' — — -- — _--...-.4..— 0 I (f) H 3.94'd ''Z _50013 iVid 0�_ __ NOISIAIagns aooM3Ja3M = 8333178 3dtr SO'Nv' ,St .,H 1 OVdJ1 x BCC 12/10/2024 1 7 D VAC-PL20220004451 GGE Unit 95 Tracts 11& 12-Bill Jones Legal Notices Website rrom: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Sent: Friday, November 15, 2024 5:43 AM To: Minutes and Records Cc: RodriguezWanda Subject: FW: VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Attachments: RE: ad for your approval - 12/10/24 BCC - VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones; NOTICE OF PUBLIC HEARING.docx; List of Properties Within 250 Feet.docx; Resolution 11132024-100228.pdf Please advertise the Notice of Public Hearing on November 20th thru the December 10th Thank You Marcus Berman P.S.M. County Surveyor Development Review Office:239-252-6885 Collier C;ou n 2800 Horse Shoe Drive 0 © X. 0 Naples, Florida 34104 Marcus.BermanCa)colliercountyfl.gov From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, November 14, 2024 3:33 PM To: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Marc, CAO approval is attached; please CC me on your submission of the ad request to M&R. Thanks, Wanda Rodriguez, MCP, CPM Office of the County .Attorney (239) 252-8400 c TIF/Fo VEING ACP vw ER V m 2. . prol,•rem `wL/�,wY��5 .ii4.4 fr 17D From: Marcus Berman<Marcus.Berman@colliercountyfl.gov> Sent:Thursday, November 14, 2024 11:38 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones OK, AD to be published on Nov 20th for the Dec 10th BCC meeting. Marcus Berman P.S.M. County Surveyor ' Development Review Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive Q O X 0 Naples, Florida 34104 Marcus.Berman(u�colliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, November 14, 2024 11:13 AM To: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones I need to get attorney approval first. As soon as I have that I will forward to you, then you can send all items to the clerk attached one email. What publication date are you requesting? In the meantime please convert your Word ad to PDF, as that is what the clerk will want for upload to the website. Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 corIFIfOdfrr \� m9-P �„x "` �~yKY�bV111\li AC P n programny semikkto W Crtdicd Pubrd M.,n.,g.r AI�{rG From: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Sent:Thursday, November 14, 2024 11:06 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones This will go on the clerk's website. Do you need anything else? I will forward the notice list and resolution when I get your approval. 2 17D Thanks Marcus Berman P.S.M. County Surveyor 1 Development Review (74 1 � � Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive ©� x o Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov From: Marcus Berman<Marcus.Berman@colliercountyfl.gov> Sent:Thursday, November 14, 2024 11:01 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Wanda, the applicant and I approve the attached AD. Marcus Berman P.S.M. County Surveyor Development Review ( Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive II ii X a C Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov From: Zach Lombardo<zlombardo@wpl-legal.com> Sent:Thursday, November 14, 2024 9:04 AM To: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Cc: Derek Perry<Derek.Perry@colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I apologize for the delay. I have no objections to the title. —ZacharyW. Lombardo, Esq. 3 17D From: Marcus Berman<Marcus.Berman@colliercountyfl.gov> Sent:Thursday, November 14, 2024 8:56 AM To: Zach Lombardo<zlombardo@wpl-legal.com> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Importance: High Zack, sorry to ask again, but my deadline to advertise this is today. The portion I need your approval on is the title of the resolution. The rest is boilerplate language. Thank You Marcus Berman P.S.M. County Surveyor Development Review (1441 Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive Ii © X 0 1 Naples, Florida 34104 Marcus.Berman[a�colliercountyfl.gov From: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Sent: Wednesday, November 13, 2024 1:21 PM To: 'Zach Lombardo' <zlombardo@wpl-legal.com> Subject:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Importance: High Zack, please review and approve asap the attached AD. Thank You Marcus Berman P.S.M. County Surveyor Development Review Office:239-252-6885 Collier Coun 2800 Horse Shoe Drive frio X 0 Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 17Di Yanirda Fernandez From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, November 14, 2024 3:30 PM To: Derek Perry Subject: RE: ad for your approval - 12/10/24 BCC - VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Derek, It will be posted on November 20th and run each day continuously through the date of hearing, which Jeff has opined more than meets the "run twice" requirement. -Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 (, OF/EO A 11 .9'Q FtO MII A'9 ito firelYEMNIN0 ACPn Program w cous WY111 i v ` ...rifled Prpnc Manago• � ^� �� From: Derek Perry<Derek.Perry@colliercountyfl.gov> Sent:Thursday, November 14, 2024 3:26 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: ad for your approval - 12/10/24 BCC-VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Wanda, This is approved. It needs to "run twice". Thank you, Derek D. Perry Assistant County Attorney (239) 252-8066 From:Wanda Rodriguez<Wanda.Rodriguez(a@colliercountyfl.gov> Sent:Thursday, November 14, 2024 11:14 AM To: Derek Perry<Derek.Perry(c@colliercountyfl.gov> Subject:ad for your approval - 12/10/24 BCC-VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Derek, For your approval. -Wanda Rodriguez, ACP, CP.1v1 i 17D Office of the County .Attorney (239) 25 2-8400 QctRTIfIFO ` A `3� ram/ 9� " " ° 10 PROWEVNG`�`�l ACP n prp, 4rCOWERCOUttrY W Cc oho]Public Mn��a�• SINCE ALA .,w.ati.w ¼lOO5 . fr From: Marcus Berman<Marcus.Berman@colliercountvfl.gov> Sent:Thursday, November 14, 2024 11:01 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Wanda, the applicant and I approve the attached AD. Marcus Berman P.S.M. County Surveyor )� Development Review (14 Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive a X 0 C Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov From: Zach Lombardo<zlombardo@wpI-legal.com> Sent:Thursday, November 14, 2024 9:04 AM To: Marcus Berman <Marcus.Berman@colliercountyfl.gov> Cc: Derek Perry< )erek.Perry(a colliercountyfl.gov> Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I apologize for the delay. I have no objections to the title. —Zachary W. Lombardo, Esq. From: Marcus Berman<Marcus.Berman@colliercountyfl.gov> Sent:Thursday, November 14, 2024 8:56 AM To: Zach Lombardo<zlombardo@wpI-legal.con > Subject: RE:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Importance: High 2 17D Zack, sorry to ask again, but my deadline to advertise this is today. The portion I need your approval on is the title of the resolution. The rest is boilerplate language. Thank You Marcus Berman P.S.M. County Surveyor Development Review ( Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive IJt X 0 I Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov From: Marcus Berman<Marcus.Berman(c@colliercountyfl.gov> Sent:Wednesday, November 13, 2024 1:21 PM To: 'Zach Lombardo' <zlombardo@wpl-legal.com> Subject:VAC-PL20220004451 GGE Unit 95 Tracts 11 & 12 - Bill Jones Importance: High Zack, please review and approve asap the attached AD. Thank You Marcus Berman P.S.M. County Surveyor Development Review C Office:239-252-6885 Collier Cou n 2800 Horse Shoe Drive X o C Naples, Florida 34104 Marcus.Berman(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 17D NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on December 10, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider: RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA. [PL20220004451] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willis@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: ,Deputy Clerk November 20,2024 N pppp pp�� hr N +� + N N J g o L S 4 $ 0 0m o � N s § m ? w '6555Ag tom Am i 2 2 m m 6 1 I'rl } < 6 8S lz z z zh z - - z n a `n 9 b 9 b b b t t A m m m m m m m m N m N m LA m N m SC Y t t m 0 m m eo m m m 1e 7 � m T NN 11 r Ygmrm6 ▪ O N Q C C Y x ^ z yit A y � n N tm o P O m v m m � LE.; � w • t 6 n e o 0 o x ti 8 z z $ n x < m = m 9 0 0 O ) in to m N IA rn N ▪ X r T r ) m m m m m m m m z m 0 m m O O m m a N m N m N m m < > Y D Y A m m a m m m m m in WIXINCOMIXINM v 17t RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220004451] WHEREAS,pursuant to Resolution 2021-243, petitioner Zachary W. Lombardo, Esq., of Woodward, Pires, & Lombardo, P.A., on behalf of the property owner,has requested the vacation of the County and the Public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit"A",attached hereto; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, owns the North 186.92 Feet of Tract 11, Golden Gate Estates, Unit No. 95, by virtue of that certain Warranty Deed recorded in Official Records Book 5788, Page 2939, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel No. 41820441002; and WHEREAS, WEJ,JR,LLC,a Florida Limited Liability Company owns Tract 12, Golden Gate Estates, Unit No. 95, by virtue of those certain Warranty Deeds recorded in Official Records Book 5852, Page 3770, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel Nos. 41820480005 and 41820520004; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and WEJ, JR, LLC, a Florida Limited Liability Company (hereinafter collectively referred to as"Jones")collectively owns the North 186.92 Feet of Tract 11 and Tract 12 (hereinafter referred to as "Jones' Property"); and WHEREAS, Hickory Wood Drive is legally known as that certain 60-foot-wide road labeled 5TH. AVE. N.W., GOLDEN GATE ESTATES, UNIT NO. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida (hereinafter "Hickory Wood Drive"), by virtue of Resolution No. 98-111, recorded in Official Records Book 1917, Page 528, in the Public Records of Collier County, Florida; and [22-EIS-04737/1896359/2] Page 1 of 5 17D WHEREAS, Hickory Wood Drive bisects Jones' Property and leads to a dead end; and WHEREAS, on or about August 23,2022, Jones made application for the vacation of that portion of Hickory Wood Drive westerly of Logan Boulevard (PL20220004451) (hereinafter "proposed vacation application"), between Tracts 11 and 12, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida, the sketch and legal description of said proposed vacation is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter"proposed right of way vacation"); and WHEREAS, the Collier County holds the platted right-of-way Hickory Wood Drive in trust on behalf and for the benefit of the public, and maintains said right-of-way the same; and WHEREAS, public utilities companies, including but not limited to, Florida Power & Light Company and Comcast Cable Communications, LLC, utilize that portion of the Hickory Wood Drive proposed right of way vacation; and WHEREAS, Jones is proposing to create a greater public benefit by providing a 0.6±acre easement of compensating right-of-way along the easterly portion of Jones' Property and drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property, as part of the proposed vacation application's approval, attached hereto as Exhibit"C" and incorporated herein by reference; and WHEREAS, the public benefit provided for in Jones' proposed vacation application provides for greater public benefit and welfare than the existing governmental use of the platted right-of-way and its possession in trust for the benefit of the public; and WHEREAS, Jones' proposed vacation application is in the public interest and for the benefit of convenience of the public and is not for the benefit of a purely private interest; and WHEREAS, Jones agrees that this resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and WHEREAS, Jones is subject to a certain Collier County Code Enforcement action styled CEROW20220001483 relating to Jones' current use of Hickory Wood Drive; and WHEREAS,at its November 12, 2024 regular meeting, the Board of Commissioners,via Resolution No. 2024- _, approved the scheduling of a public hearing on December 10, 2024, pursuant to Resolution 2021-243; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and [22-EIS-04737/1896359/2] Page 2 of 5 17D WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners, nor invade or violate individual property rights and otherwise qualifies under section 336.09, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Jones shall provide the County 0.6± acres of compensating right-of-way easement along the easterly portion of Jones' Property, as well as replacement drainage,access, and utility easements without responsibility for maintenance where Hickory Wood Drive bisects Jones' Property, as shown in Exhibit "C", in a form approved by the County Attorney's Office, and with corresponding subordination agreements, if necessary. The aforementioned access easement is specifically not granted to the public. 3. The County shall have the perpetual right to access and maintain the drainage, access, and utility easements where Hickory Wood Drive bisects Jones' Property. 4. Should Jones choose to fence, gate, or otherwise alienate the public from Jones' Property, any gate shall be set back at least 100 feet from the edge of pavement in the Logan Boulevard right of way at Jones's sole cost and expense,and Jones shall provide the County and any other easement interest owners sufficient legal access to the drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property. Jones shall move any gate that the County determines is closer than 100 feet from the Logan Boulevard pavement within 90 days of the County providing Jones written notice of the request to move the gate and applicable plans regarding the location of the pavement in the right of way and set back. Jones will move the gate at their sole cost and expense. 5. This Resolution shall be construed by County staff to resolve and settle the Code Enforcement action styled CEROW20220001483. 6. Should this Resolution or the proposed vacation application create any nonconformities,as defined by and pursuant to Collier County Land Development Code (LDC), any such nonconformities shall be considered nonconformities created or increased by public acquisition, and Jones shall be entitled to such appropriate relief under LDC section 9.03.07, as applicable, at the determination of the County Manger or designee. 7. This Resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and Jones has joined into this Resolution and waived any and all claims to the contrary related to this Resolution or the proposed vacation application, as documented in Exhibit "D", attached hereto and incorporated herein by reference. [22-EIS-04737/1896359/2] Page 3 of 5 0 90 17D 8. This Resolution, by way of Jones'joinder and consent attached as Exhibit"D",establishes a valid and enforceable covenant running with the land described herein as Jones' Property. Jones hereby acknowledges that the specified terms described in this Resolution benefit, touch, and are adjacent to Jones' Property. This Resolution shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Jones' Property and every person or entity having any interest therein at any time and from time to time. 9. The Public and County interests in the proposed right of way vacation will be extinguished as set forth below in ¶ 11; however, such extinguishment will not apply to all underlying common law easements prescribed or existing otherwise, such as implied drainage, utility, and access easements by such easement interest holders nor will such extinguishment apply to the public utility easement reserved by this Resolution. Only the Public and County right of way rights shall be vacated and abandoned, as set forth in¶ 11. 10. The County hereby retains in perpetuity for public utility companies a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates,Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit"A", as a utility easement for the construction, installation, maintenance, and operation of public utilities. 11. Subject to the terms of this Resolution and the reservation and preservation of said right of way's underlying common law easements, as prescribed in ¶ 9 and the retainment of a public utility easement in¶ 10, the County and the Public interest in a portion of Hickory Wood Drive,depicted as a 60-foot right of way easement labeled 5th. Ave.N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. [Signature Page to Follow] [22-EIS-04737/1896359/2] Page 4 of 5 17D THIS RESOLUTION ADOPTED after motion,second and majority vote favoring same, this 10th day of December 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chris Hall, Chairman Approved as to form and legality: Attachments: Exhibit "A" - Sketch&Description Exhibit "B" - Location-Site Map Exhibit "C" - Conceptual Site Plan .� Exhibit"D" -Joinder and Consent Derek D. Perry Assistant County Attorney \� [22-EIS-04737/1896359/2J Page 5 of 5 17D Maas t+Y1-rZ\A332Jns\a0 GOOM AdO)l,9/H roic - PS,1\re06. .l3nans 1o3robd\A3Adns\t+10 NYQ � 2 mew mew O� O SOW DOH 2 Qw�w p = o N y T 0� O 2 O O w w O 0 c, 4¢ ¢ 2 0 0 1— ~ ~ C) '- 0, O D co 1 0 0 0 0 Uwi Lu w0 UO w Lu 22� 1— ��hl- �' .11 M 0, o+o T'y ~� c ? ?04 ? 24 O� ? ? J0 41 0V) 0 0 N i '„ arvYly T T„-q ni �O 1�� ~ J 2 J J Jp J J w �� w J00 oYt y ry m oi'' ti2 kJ 0Q 1, wo i .- 42 1'`'p3.10 m rnE> o �°° 222 2 -.I 2 1,. (t 00� �u V } ...va o e--0 6) cetl O J¢ Jlu CC 04 2U2 jo¢ 0° w 0 p0 00 2i 042 2 0 20 w0 k O p Z Y O iii F wU 2 1,2 (4 o 1- 2 p Ow J lu 0 H 2 p I- U U W W , .'�o� �0 3 w 000 Li cn 0 = U 1-221� W m a I- w W f j� F'Ct 00"0 002 O0 01'3 � i 0 � 2 I-- vj 3Q �.i a U O' y O � En M li; aa�111 aW�o 0. � 2 3 vvl O p� 2 2aj� o�WWa •� �i ICI �k�1` 20v 2�Z 03h 2 O 22 OQj- I.-CI- CCW \ �j'% iI(�j 6-14()yl C0 2 1u ( 2 h 2 r 0 O U 2 ¢2 I 20 O. W H2O w ~OH -w -1 �� 4 2I 2Op til 1-cr, 1-LLu- lp0 ¢ eo� 0 o 2 2ct ' zO.ce lu k O W a • ti0waz N Owwt 2� t O � . w r-+cz, O HQO ac pmpOW vW � Z z c COw ¢ � aowQw =° c CI � Yez``� UU) `-(/j2 o Wv+ N22C/J 5w� W QccnOU cl No 0 1ril0 0 0 ¢c001co OU ��Oti.1�LOItiNI.10ti4w.4. �.Itiho ° Z .;4mm �i0 Nivo�,eCW I-CC < HwO � IU Li_ w m = � SZ1Ob211 I I 9Z1Ob2/1 U O Q ¢ z w J L w HUI -) � � r 0_ Z OO � 4. 3 - W w QWa -J v z " 0 0 ai N G?'V1371109 NVDO7v, U a, Cg 1-7 a. -- m0 O P X 4 co ct 2 i �m- W I ce O C O . N 0 I/}j i V ¢m U0 I vJOL Q ` N Ln 2 W kaO 0 0 '2 El '0 o�i r 2 0U lu 0 In 4-h M) fr) cr_ m - m o I • g.k �'W 0O 14* o o O cQ Om01-Li 2 0 'w'Zm �� Z o • ¢200.40.0. 2 �U.1 CC�0 w 0 i0 �' u) ¢ -N h C.J zo o u u ii u u Ja a ) p �� io ug� �LLI W a kJ O4Q c:, 0 NUU Q O 14 � N oN ~a co C ,,¢2Q4cLCL4 �F v `,n oo) L.�C� kk �" QWO r QQ 0 ON10s QWO � fie, Ckm U O m2Ln tkm C: 15 c* Od '6ed Z O .VO C . j,o 0 n 1N31113SV3 AVMOVOd ,09 - - rn oa Z Cl.) m g CO 2 l Z t! 2 0 � = �„ O • W NO --IO C < 0 + C o an (� w U Q'On^'n w , W a- et 7 U a Ct m 0 2 cy' O; D ? Q m N' _ C O n ('�� -J14'n < 6' 0 N Z • cT 34 10.09 :1,5£ BZ.00N (O • o. l l 30Vd '6Z )I008 1V7d Wel:�— '' NOISI/1/09nS 0OOM3903M = 5 i" '3ddna 3dV3SQNY7 ,s l H CJ • c H 1OVb/1 17D CAO I 1 ``' 1 10 a 14. Q 1 o 11_i o w cK > to N > g d- 1 =11� I Z z I111 LLI CO � a 1( 0 O a -JId Y g LTD ii Lu o Q) O .- 1 N M w0w Lc) I CO W ZZ N N 1 N N gZQ N N N N N i i-i > ww0 _ — —I L — _ _gymQ ¢ aeIVATIr08 NV001 >- - - 00 IN CO II o a) II N M ino 6 l—L l S30`dd '17Z 11008 lb'-1d " 0 NOLLVIDOSSV AIINfWW00 S02VA3NIA o o y a D cZ c ea 9:1 o E-, 31VOS0110N vC,,,...0(:).. .., w t �r+ G. . N C L._4 W I , L-1 L,_J I J I L I I OaVA31nOB N3111O0 ' LS6 M O y�y�o a m � �� 0 f b s� 77- rtigiP i < < Hg p�o�° vim Efl o R �� sz_ �j .F3 r m°1 aigl \ 3 rl 0 v.— n.�U L�C7 Ca N N K� 111., 0 i [1 9E o aooMvdnn 8y� — 58 r $8 z5 d 3.00 SIBI r fli z < 0 <i N t" ccLu g U < co g" n m v b<� rn op% 2 _ 0 Zi 4 N C2 8 W_ E-1 �6d _ z. U 4 4 k } O VA31f1o9 NVOO1 0 W i,. a. F— z �s m U Q _ is r, inZvm b Na n a' -3 Q S 5 S th i C(2/11 ).‘--7/ OSL-31V1Sb31Ni `, ) 3 i `�, � nernw 17D i 8 � 0 Q a Vm r t 0 frY-Z V1 O i f i ' ZaO� e ; 11 zoo • too. 3 mWG� • U x 2ii aT-4 Ww0 2 ¢ Zo izk., 1 / If cz.1 c, z4. II N II II n 1.$ ; I �W� k3 i r-1 a c ✓ Q o 0 v,W rtr SZ 13V LL - - — -- — __ — . _ — . — - - -- -- J L 9Z1�b2l1 3- in ftt II. o; N cinivA37no8 NV007 om Q U , CO X W ,n 01 0 ,u, z Z ° z Z. e ILI(r) ,-J i Yc ch ' Vw� Y W x r-1 U Q � qa s► x '68d = 0q �7 1N3/V3SY3 AV MAIM .09 Z q 0 Y W i U Ce Oi C4 N o a --- t 11 394'd '►Z )1OO8 1►'7d vj -.+NECii0,-_ _415 Noisrnroens 000M303M = Hiding 3dv SONV ,61 t 17D EXHIBIT "D" CONSENT,JOINDER,AND ACCEPTANCE OF RESOLUTION The undersigned. William E. Jones, Jr., as Trustee of the William E. Jones,Jr. Revocable Living Trust dated June 2, 2020, as amended, and WEJ, JR, LLC, a Florida Limited Liability Company (hereinafter collectively referred to as "Jones"), hereby certifies that they are collectively the owner of that certain parcel of real property described as the North 186.92 Feet of Tract 11, and Tract 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, and the undersigned hereby consents,joins in, and accepts the terms and conditions of the foregoing Resolution and acknowledges that it establishes a valid and enforceable covenant running with the aforementioned land, as specifically set forth in Collier County Resolution No. 2024- WITNESSES (as to both): William E. Jones, Jr. Revocable Living Trust dated June 2,2020, as amended Witness # 1 Signature William E. Jones, Jr.,Trustee Printed Name of Witness#1 Post Address of Witness #1 WEJ, JR, LLC, a Florida Limited Liability __. Company Witness# 2 Signature Printed Name of Witness#2 __.. William E. Jones, Jr., its Manager Post Address of Witness#2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence this day of November 2024, by William E. Jones, Jr. as trustee William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and as manager WEJ, JR, LLC, a Florida Limited Liability Company, ❑ who is personally known to me or El who has produced as identification. Notary Public Signature Notary Public Printed Name Page 1 of 1 O 17D NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on December 10, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider: RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PL20220004451] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(a,colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Yani Fernandez,Deputy Clerk November 20,2024 17D �C`�c 1'i CQUR0.4. r 0 Is c Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel w c Collier County, Florida ' 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 `oP Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, (VAC-PL20220004451)GGE Unit 95 Tracts 11 & 12- Bill Jones(BCC 12/10/2024)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 11/20/2024 until 12/12/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. ,4„,„,,v- ( cant Signatu 1Q , \i\-n.n t C-c'e.-+-60Ccn -if (Affiant Printed Name)'-, Sworn to and subscribed before me this 12/12/2024 :Crystal K. Kinzel Clerk of the Circuit Court& Comptroller- r. 1/1110Cl: k Signa re) s / ' . I 1a7- a- ( Deputy Clerk Prin -d Name) D e 17D NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on December 10, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider: RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95,AS RECORDED IN PLAT BOOK 9,PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PL20220004451] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigc colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Yani Fernandez,Deputy Clerk November 20,2024 _17 D 4. Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 n oP Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared pG 1565 Jennifer Hansen,who on oath says that he or she is a INSTR 66299g3 OR 64025 10.37 AM P AND COMPTROLLER Deputy Clerk of the Circuit Court of Collier County, RECORDED 1171CIRCUIT COURT Florida; that the attached copy of advertisement, CLERK OF THUNTY FLORI�A (VAC-PL20220004451) GGE Unit 95 Tracts 11 & 12- RED$13.50 Bill Jones (BCC 12/10/2024)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 11/20/2024 until 12/12/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. 1 ( iant Signatu ‘\.:)\4A n 1 Gr.• i4CUM Cf1 17- (Affiant Printed Name) Sworn to and subscribed before me this 12/12/2024 Crystal K. Kinzel Clerk of the Circuit Court& Comptroller il / _ �...�1 Jilt I i o Cl: k Signa re) ( ►eputy Clerk Prin ed Name) D e 17fy NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on December 10, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples,FL,to consider: RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220004451] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person,during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(r colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Yani Fernandez,Deputy Clerk November 20,2024 o 17D CC 0UJ CC J W w RESOLUTION NO. 2024- 254 -' w2 a o A RESOLUTION OF THE BOARD OF COUNTY a) 2 w o COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO w o Q a DISCLAIM, RENOUNCE AND VACATE THE COUNTY a Q AND THE PUBLIC INTEREST IN A PORTION OF co Q 0 a o o HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT o 0 o a co c ct RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. - " co N o ,� BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, o o N O I- UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, >- o e- o f- C OF THE PUBLIC RECORDS OF COLLIER COUNTY, w z N w U- vo o FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON v o o NWL1_ o0 o w THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY o oo w co LL:eo w J o WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, cr° w J Z CL 0 o CC RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ? ° [PL20220004451] WHEREAS,pursuant to Resolution 2021-243, petitioner Zachary W. Lombardo, Esq., of Woodward, Pires, &Lombardo, P.A., on behalf of the property owner, has requested the vacation of the County and the Public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave.N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit "A", attached hereto; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, owns the North 186.92 Feet of Tract 11, Golden Gate Estates, Unit No. 95, by virtue of that certain Warranty Deed recorded in Official Records Book 5788, Page 2939, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel No. 41820441002; and WHEREAS, WEJ,JR,LLC, a Florida Limited Liability Company owns Tract 12, Golden Gate Estates, Unit No. 95, by virtue of those certain Warranty Deeds recorded in Official Records Book 5852, Page 3770, in the Public Records of Collier County, Florida, located at 5404 Hickory Wood Drive as Parcel Nos. 41820480005 and 41820520004; and WHEREAS, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and WEJ, JR, LLC, a Florida Limited Liability Company (hereinafter collectively referred to as"Jones") collectively owns the North 186.92 Feet of Tract 11 and Tract 12 (hereinafter referred to as "Jones' Property"); and WHEREAS, Hickory Wood Drive is legally known as that certain 60-foot-wide road labeled 5TH. AVE. N.W., GOLDEN GATE ESTATES, UNIT NO. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida (hereinafter "Hickory Wood Drive"), by virtue of Resolution No. 98-111, recorded in Official Records Book 1917, Page 528, in the Public Records of Collier County, Florida; and [22-EIS-04737/1896359/2] Page 1 of 5 CAO 17D WHEREAS, Hickory Wood Drive bisects Jones' Property and leads to a dead end; and WHEREAS, on or about August 23,2022,Jones made application for the vacation of that portion of Hickory Wood Drive westerly of Logan Boulevard (PL20220004451) (hereinafter "proposed vacation application"), between Tracts 11 and 12, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45, in the Public Records of Collier County, Florida, the sketch and legal description of said proposed vacation is attached hereto as Exhibit"A" and incorporated herein by reference (hereinafter "proposed right of way vacation"); and WHEREAS, the Collier County holds the platted right-of-way Hickory Wood Drive in trust on behalf and for the benefit of the public, and maintains said right-of-way the same; and WHEREAS, public utilities companies, including but not limited to, Florida Power & Light Company and Comcast Cable Communications, LLC, utilize that portion of the Hickory Wood Drive proposed right of way vacation; and WHEREAS, Jones is proposing to create a greater public benefit by providing a 0.6±acre easement of compensating right-of-way along the easterly portion of Jones' Property and drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property, as part of the proposed vacation application's approval, attached hereto as Exhibit"C" and incorporated herein by reference; and WHEREAS, the public benefit provided for in Jones' proposed vacation application provides for greater public benefit and welfare than the existing governmental use of the platted right-of-way and its possession in trust for the benefit of the public; and WHEREAS, Jones' proposed vacation application is in the public interest and for the benefit of convenience of the public and is not for the benefit of a purely private interest; and WHEREAS, Jones agrees that this resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and WHEREAS, Jones is subject to a certain Collier County Code Enforcement action styled CEROW20220001483 relating to Jones' current use of Hickory Wood Drive; and WHEREAS,at its November 12, 2024 regular meeting, the Board of Commissioners, via Resolution No. 2024-22t, approved the scheduling of a public hearing on December 10, 2024, pursuant to Resolution 2021-243; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and [22-EIS-04737/1896359/2] Page 2 of 5 1 7 D WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners, nor invade or violate individual property rights and otherwise qualifies under section 336.09, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Jones shall provide the County 0.6± acres of compensating right-of-way easement along the easterly portion of Jones' Property, as well as replacement drainage, access, and utility easements without responsibility for maintenance where Hickory Wood Drive bisects Jones' Property, as shown in Exhibit "C", in a form approved by the County Attorney's Office, and with corresponding subordination agreements, if necessary. The aforementioned access easement is specifically not granted to the public. 3. The County shall have the perpetual right to access and maintain the drainage, access, and utility easements where Hickory Wood Drive bisects Jones' Property. 4. Should Jones choose to fence, gate, or otherwise alienate the public from Jones' Property, any gate shall be set back at least 100 feet from the edge of pavement in the Logan Boulevard right of way at Jones's sole cost and expense,and Jones shall provide the County and any other easement interest owners sufficient legal access to the drainage, access and utility easements where Hickory Wood Drive bisects Jones' Property. Jones shall move any gate that the County determines is closer than 100 feet from the Logan Boulevard pavement within 90 days of the County providing Jones written notice of the request to move the gate and applicable plans regarding the location of the pavement in the right of way and set back. Jones will move the gate at their sole cost and expense. 5. This Resolution shall be construed by County staff to resolve and settle the Code Enforcement action styled CEROW20220001483. 6. Should this Resolution or the proposed vacation application create any nonconformities,as defined by and pursuant to Collier County Land Development Code (LDC), any such nonconformities shall be considered nonconformities created or increased by public acquisition, and Jones shall be entitled to such appropriate relief under LDC section 9.03.07, as applicable, at the determination of the County Manger or designee. 7. This Resolution and the proposed vacation application have an essential nexus to a legitimate public purpose and are roughly proportionate to the impacts of the proposed vacation application that the County seeks to avoid, minimize, or mitigate; and Jones has joined into this Resolution and waived any and all claims to the contrary related to this Resolution or the proposed vacation application, as documented in Exhibit "D", attached hereto and incorporated herein by reference. [22-EIS-04737/1896359/2] Page 3 of 5 ��a 17D 8. This Resolution,by way of Jones'joinder and consent attached as Exhibit"D",establishes a valid and enforceable covenant running with the land described herein as Jones' Property. Jones hereby acknowledges that the specified terms described in this Resolution benefit, touch, and are adjacent to Jones' Property. This Resolution shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Jones' Property and every person or entity having any interest therein at any time and from time to time. 9. The Public and County interests in the proposed right of way vacation will be extinguished as set forth below in¶ 11; however, such extinguishment will not apply to all underlying common law easements prescribed or existing otherwise, such as implied drainage,utility, and access easements by such easement interest holders nor will such extinguishment apply to the public utility easement reserved by this Resolution. Only the Public and County right of way rights shall be vacated and abandoned, as set forth in¶ 11. 10. The County hereby retains in perpetuity for public utility companies a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave.N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit "A", as a utility easement for the construction, installation, maintenance, and operation of public utilities. 11. Subject to the terms of this Resolution and the reservation and preservation of said right of way's underlying common law easements, as prescribed in ¶ 9 and the retainment of a public utility easement in¶ 10, the County and the Public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right of way easement labeled 5th. Ave. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit "A", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. [Signature Page to Follow] [22-EIS-04737/1896359/2] Page 4 of 5 17D THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 10th day of December 2024. ATTEST` '!e BOARD OF COUNTY COMMISSIONERS CRYSTAL K. kII' EL, CLERK COLLIER COUNTY, FLORIDA By: /141116i( f1.v' By: ` ,, :' Deputy Clerk # Chris , Chairman Attest as to Chairman s signature only. Approved as to form and legality: Attachments: Exhibit"A" - Sketch&Description O t Exhibit`B" - Location-Site Map Exhibit C" - Conceptua� Exhibit"D" - Joinder and Consent Derek D. Perry \N Assistant County Attorney [22-EIS-04737/1896359/2] Page 5 of 5 90 OMO'OS ttl-c4A3ndns\d0 aoaM A80)101H fOtc - ttl \c'zOz .l3ndns 133rodd\,43ndns\4NO N� Q ^ cc2 cc 0 Lk 00 pcQo pCD 2 2W WI`� O Jl` W 3 0o N T �` 00 O W O O O O V OSQ 2 Qp�Z F F = o n O-- 11 2 11 . Ll q O W cl Q 2 O I� �O II Nco p Q m 0 Q W 2 W J W O O W W a' 2 2 I-- k v)F� M (r) - O,C O ,CQQW ? p� Z2W Ov) 2 2 J�O Lu 0en20 o N '"'�aN 1..c. � J W J J IL J J kJ 0 J O O >.Y H O N 1 Z J Q W W L. W J`Z Ws N N M ^Z O ~ �2 O 1= kQ titioI- W= O « O W b� Q22 � � fin cc � 1= (~,) 2 Ct 00� �---" m 0 W 0_or000 i. W 000 cc 2 0 2 JW 0 OW 2Lj 2 00 w 0 O U0 0 C 0 00 JW w< m < I- w w dd CD 00 O' U) 0 LL W 2 CD Z O CD Orn 0 j W Ne.`1;III ti •-.,,,,, Ili lt CD oQUQ 02m ccz 22kco � 2 Lu 02 km Oi 1,1 ? �2 �2 O OQ I I--,n0Li-1 OQ L. W 3¢ Q-1-, 0I Q W L ��O W Z(nOQcn N CDDNV1 Cc°) CO I- � O 0 �rn � UWrnQ 0p 2N Q �JQaL O nrz Cr)Er- il5 2 Lu Z h k W00 QZ gg0 Q2�OW = 32 W ��2 's4�i�2W �2 w2 W Q�U O 000�0 wow W O\�0 0, a k (W,�1-. ?�1, 32�; 30 O 201Qk1� W aW��ti II zoo c0 2j�v 2 Co W 2 O W Z= �ly, O 4lWU W Z U~j(W WOz (V W n o� 0 � 2c�0 n � � o � 3 v) 0v) moo 0 W m�Js i c, lx ,,,... ) c, ,c ., cWi)u) c o f W Z~mII g 00�Cr �o O 'er wwc~.) Z � Z 0 Q I-mc• k- CH3� o) 2.Qk- NCCao) CD 0mo O CD JQ�o <Z0 O I— C) zo Z ��aCt 00UoQ'C� 00oNola oo o0W v CDWvo a)o Q01O~b W I-0 H z O WWria u-iQ ~ QI-- I-- oW � \0I" � ~W 0• 01,,W00 Cn� Z0LL0� -q aow Q � LL1 =0 eL0�,t4, c) W� O ,� ~ 040Lucc2cc001�JI� Z O CDOZ OW �Q ti3 � Ql, �c� U ,- w < F- � cK -I CD � 2 �W � Wc� 2LL�CD2c)c) 0, CI Z CO 2^moo Z~ �W�cnW 5�� w F- Q �z � � U W¢ WVO� vW342U4O8 4.1 ~3UOv Q W Q^oi2 Q cnil2il001 a.0 a UI— Utz W a-W2 . � I,uui0n �upO-JtuOW� kutu042)^ Wpco 2 O mQ02 oU ~OJ44� O =w ° R W O - a0 O O ZpW Z000 Zo)o0Zlu0Zrn Z04, O �04 W W� Z I- 0 J o ,I8 m U id WOti � O � WW � 2ti �o U Z ,;timm co QO41 SZ10b2/1 I I 9Z10b2/1 UI OQQ zw J L H H O - 0 O Q In Q W U oW� Epp v 0 W ab o; N V/1371109 NV007 OO o a `� U PEE-0 O O X a Z L. aa- W I Io mom -. N o O 2 v ro _m9 Vo c O 4.1 O t 2( 000z. y) J N 2�2iJ O O O 'd M vi co m V] Q ?� ��p 0 O C U c E V) , T 2 OU Lu O CO N.,N) I� r- O Va] O = Iu O in ❑ G' O BYO CO 3coo. .s 0) a o Y�JO 00 O �v 0 0 a o w Om0mW22 Cj JZ� j Z Cr, m . Q20a�� We O� 30 O CD W C Q 2 0 "N J U) o 2 II II II II II II II ka O 0 CO CDoa, CO `� ❑ W mU �� Q N et�rn �WU) A c; Wk0CCm000 -ka O I- O 0 I- cC o JQ200000 U) 0) �� ♦`� � 0.a U rn 03 )' Q "� p v a U k °' Qu)o ul Q O) •m 5LU IWm O O COZh �km In CO J 1-. Q3 stiOd '68d Z 0 1�0 � S o0 1N3W3SV3 AVMOV08 ,09 c)Q_ Z I.0 w Z z 0 p �, QNO J b OL,0 Q o N O LLI ��'�I wa �N > I ¢of u CO � t: Z p`" D ,7, 0-a O Lc) Cl)NI ci 0 N6) c f- co °• QUO C.:�T 3EL ,l 0'09 M„91",SZ.oON z • co = L a.W 11 30dd '1,Z N009 lY7d �— —a NOlslnla9ns 000M3003M = s d333/19 3dV0SONV7 ,S1 C7 ;, m0 „H„10H31 CAo II 17D co o • > in L z > Ln Q • o �i 0 - c Q o ,t N > o .4 0 0 _ i zQ in o m w U 4 • CC a " ° a _J . U U a , Cr] I Q < = x W z — Wd- in N coW Z NN N N N �ZQ N N N N NEl > WWU �- - — - - I — — —Qm__ — — a�en]iroe Ndoo� --IT - - -W 0o N CO II 1n d- o 0 II N M R •--1 t -I - — - o in 71- 61.-l L S]Odd `bZ >1008 IVid o NOIldI00SSb' J.lINf1WW00 SO�Id�ldNln o cz aao � ~ a H 0 11V3S0Lb0N c/j;. Q Q C\2 E'> Xa p o:) " P-� J I I aavna1n0a a3n-10o lS6 a 0 _ r 2 x r , < V f/1 �p15 2!H 'O- ra(/] G p 1`i m r 3 i io -max rn i a>` T m- _o z co U <rc 3= G H f c,) NccCp O,, y� �� CNN �- RZa. \PI ° K� �<� O W� c03� Lti., UCz.C7 CaN az a QaooMn3anvl = Z9 N qw J 0 , 9 c� w z 5 a 0 t3 w < 3h0o SI91 Y a W < 0 U N X d J F� 2 a Q gs YJ < VNa <NyNj O Z ap S < m ZZ CZ!1.1 K f0 N 0 0 M J 1ppppp1'N Z Ol Ip.I FH~ C7 2 Z 8 ¢] rig JWE O K O N W 00 w U F-i 4 I i z z (� I0 / \\ QaVA3ln08 NNJO"1 U ! /� O w < N Wy F 7 mC H F— Z m N §vCn wm 4 N 0 z' M F 0 In La°° D Q S L.,,n„ w zOUG0 q _N 8 z< O m J SL-alVlSaalNl \ - NV1 w nenvW o �� W 0 o Oa `l0 lc I.ti 0 « t.-I m i v U aaz vc Etczi s . g II Z(77‘' 1 7e N c i--� I u tr. � 4 (II Z Lc ;CZ 0. 0 O g W rUa d 0 •i CC Ct u} II II II II II it us - 2 l C.)� �4 0 'JiC] I W I- Ve 9E_LObr 11 I I 9Z.LOta l 9.- Ln r ., ,. We 4 - a; N QNIVA 7f?OG NVOQ1 • 0 a. 0 I CO I X w t, cb 0 w.k O Enw ELT i Er Q3 sr 5d 's $a Z UI (. — .013r3S0.3 Atele(11 d .09 + — Z► '_ _ z 4 O Z a 4 WIC trk O wp W z°i CC D a4 U) 0 1 z I W F: 39lid '6L )0O9 iM,i'd (.fj NOlSIAtauns QOOM3;7Q3M '�— --� banns 3dv.,SCvv 7 ,s r .J-L 1 OVeLL 17D EXHIBIT "D" CONSENT, JOINDER, AND ACCEPTANCE OF RESOLUTION The undersigned, William E. Jones, Jr., as Trustee of the William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and WEJ, JR, LLC, a Florida Limited Liability Company (hereinafter collectively referred to as "Jones"), hereby certifies that they are collectively the owner of that certain parcel of real property described as the North 186.92 Feet of Tract 11, and Tract 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, and the undersigned hereby consents,joins in, and accepts the terms and conditions of the foregoing Resolution and acknowledges that it establishes a valid and enforceable covenant running with the aforementioned land, as specifically set forth in Collier County Resolution No. 2024-. !j1 WITNESSES (as to both): William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended Witness # 1 Signature cit.(fliic A- kittic`_ William E. Jones .r 'rustee Printed Name of Witness #1 3260 Mimic! ( J'(atr ni,s-le200,Wlifx.FL Post Address of Witness #1 30,1132) pola0 WEJ, JR, LLC, a Florida Limited Liability Company Wit # 2 Signature e s Pao fhehet Printed✓Name of Witness #2 William E. Jones, is Manager 3200 Tamjami Trail N.5ui a 20 Post Address of Witness #2 N4QIsS GL 3u003 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence this +ti it day of 'Qeceinv r 2024, by William E. Jones, Jr. as trustee William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended, and as manager WEJ, JR, LLC, a Florida Limited Liability Company, Cs- who is personally known to me or ❑ who has produced as identification. otary Public Signature KAITLIN E. CHYLINSKI o ,=0s `A Notary Public-State of Florida r ns 77,:r111-..:=. Commission # HH 103252 My Commission 2025 Expires Notary Public Printed Name , Page 1 of 1 iID e C 31T COURT (64 ° o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel r Collier County, Florida 3315 Tamiami Trail East, Ste. 102 Naples, FL 34112-5324 ,rPhone: (239) 252-2646R COUNP,'' Affidavit of Publication INSTR T PG COLLIER COUNTY STATE OF FLORIDA RECORDED 6629995 11712025 10.37 AM1576 PAGES 2 CLERK OF T U OR 6428NTY FLORIDA RT AND COMPTROLLER Before the undersigned authority personally appeared COLLIER CO Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, REC$18.50 Florida; that the attached copy of advertisement, Notice of Adoption Resolution 2024-254 was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 12/26/2024 until 12/27/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. il. AfILL ,fiant Sign re) 4 nyl",--Cvat ' mcn (Affiant Printed Namn) Sworn to and sttbscri1 ed before me this 12/27/2024 Crystal K. Kinzal Cleji of the Circuit Court& Comptroller - rit"---. Deputy. Clerk Signatur ) 1434i7A0%, exr r& 12- z -29- (Deputy Clerk Printed Name Dat 1fb NOTICE OF ADOPTION NOTICE IS HEREBY GIVEN THAT ON THE 10th DAY OF DECEMBER 2024 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTED RESOLUTION NUMBER 2024-254, RELATING TO PETITION PL20220004451, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN PORTION OF HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT RIGHT-OF-WAY EASEMENT LABELED 5TH AVE. N.W. BETWEEN LOTS 11 AND 12, GOLDEN GATE ESTATES, UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220004451] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK BY: Sara Morales, Deputy Clerk (SEAL)