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Resolution 2024-254 w RESOLUTION NO. 2024- 2 5 4 a A RESOLUTION OF THE BOARD OF COUNTY � o COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO w U DISCLAIM, RENOUNCE AND VACATE THE COUNTY CL Q Q AND THE PUBLIC INTEREST IN A PORTION OF _� Q HICKORY WOOD DRIVE, DEPICTED AS A 60-FOOT c.9 o o a RIGHT OF WAY EASEMENT LABELED 5TH. AVE. N.W. " 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, 00 w Z FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON ~ ° � THE WEST SIDE OF LOGAN BOULEVARD AT HICKORY saoccco LL WOOD DRIVE, IN SECTION 4, TOWNSHIP 49 SOUTH, ov w _ 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 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 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. 2024-2.2t, 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 Rio 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 THIS RESOLUTION ADOPTED after motion,second and majority vote favoring same, this 10th day of December 2024. ATTEST': $ '' BOARD OF COUNTY COMMISSIONERS CRYSTALK. IIEL, CLERK COLLIER COUNTY, FLORIDA By ' tet, B it/j1j4 oft , . . .' Deputy Clerk Chris , Chairman .4r ;;,►,`y Attest as to unman signature only. Attachments: Approved as to form and-legality: Exhibit"A" - Sketch&Description Exhibit"B" - Location-Site Map at - LJ 0 Q Exhibit"C" - Conceptual Site Nan \ . Exhibit"D" - Joinder and Consent Derek D. 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CO 0 1: � U M A M �i � HV r i ry ,] V ZC T-E cl : zunIIuu a t ' o w x 4 CQ c3 —, 4 cs4 a 0 ;na = W �± �' yyl A y r ry�.1/ 1--- re 7Z L3VG1 I I 70 W V Ol .., , 3- in r i ai N Q IVA 71?O9 NV007 o q wro 0 q _ — I _ — — U F , CO I w ,o 0 o , z (I) - 0 ' y" L} 1'6- Q al I--� 0. i 2 i CC v_ q ` q 3 sr �d '6 3d U 74 0 a .2NdyV3Sa3 AVNOYOd .09 - Z lu z I ° W O 4 �a 4 Q0 Cr n _ — _ , , — 0 "'.--i.-- Z l: 3Dked 'rZ _Ma iV7d V) '— NOISIA1 G9fS QOOM3JQ3M S 'a --�� b'333f 6 3d1K�,,,S,/G'N .S t M-. .14.1 O Y H1. _ 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- 51- . WITNESSES (as to both): William E. Jones, Jr. Revocable Living Trust dated June 2, 2020, as amended Witness # 1 Signature Ck rtdl.�,, A• kgric , William E. Jones ,r -rustee Printed Name of Witness #1 3280 Thmiamr Masi N•,5 200,EICiqifxFt Post Address of Witness#1 3k-ttla WEJ, JR, LLC, a Florida Limited Liability Company Wit e s # 2 Signature Printelame of Witness #2 William E. Jones, 'ts Manager 3200 TAwliatm+ Trail N.suihh 2cP Post Address of Witness #2 $40VS GG 344103 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence this z+� day of 014emnsr 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, (1E- who is personally known to me or 0 who has produced as identification. otary Public Signature 1,a �e KAITILII4 E. CHYLINSKI o c.Notary Public-State of Florida �¢I�� c.. (111��1 _In.._ Commission # HI-I 103252 c,e My Commission Expires Notary Public Printed Name March 10, 2025 Page 1 of 1 ,bf..) 0