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 ~ °
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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
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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. Perry `�/)\
Assistant County Attorney
\\`
[22-EIS-04737/1896359/2] Page 5 of 5
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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
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