Agenda 01/14/2025 Item # 9D (Resolution for Petition VAC-PL20240005670)Proposed Agenda Changes
Board of County Commissioners Meeting
January 14, 2025
Add -on Item 10B: *** This item is to be heard at 11 AM. *** Recommendation to approve the Guaranteed
Maximum Price ("GMT") First Amendment to Agreement No. 21-7919-ST, Construction Management at Risk
("CMAR" ), with DeAngelis Diamond Construction LLC, for construction services for the Collier County
Behavioral Health Center project (formerly the Mental Health Facility) in the amount of $49,856,251, authorize the
Chairman to sign the attached amendment, and approve the necessary Budget Amendment. (Fund 3018, Project
50239). (Commissioner Saunders Request)
Move Item16F4 to 11D: Recommendation to award Invitation to Bid ("ITB") No. 24-8284, "Caxambas Hurricane
Ian Permanent Fuel Tank Installation" to Don Wood Inc., in the amount of 5667,164.00, approve an Owners
Allowance of $123,504.00 for potential unforeseen conditions, and authorize the Chairman to sign the attached
Agreement (Project No. 50280). (Commissioner McDaniel's Request)
Move Item 16F6 to 11E: Recommendation to authorize expenditures for the sole source purchase of
ProlakelKeeton aerators and related materials from Keeton Industries, Inc., through a waiver from the competitive
process in the amount of $250,000 per fiscal year from Keeton Industries, Inc., through Fiscal Year 2029.
(Commissioner McDaniel's Request)
Notes: Item 16A14 the table should read $2,200, 000 for the Estimated Value and $1,164, 021 for the Estimated
Value per acre for the "Category C"property located at 1063 Shadoit laivn. (Staffs Request)
Items 9C and 9D are companions to Item 9B, not Item 9A
TIME CERTAIN ITEMS:
Add on Item 19B: *** This item is to be heard at 11 AM. *** Central Receiving Facility Guaranteed Maximum
Price (GMP)
IJ1312025 9:53 Phi
1/14/2025
Item # 9.D
ID# 2024-2281
Executive Summary
This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20240005670 to disclaim,
renounce and vacate the County and the public interest in the 20-foot drainage and utility easement located along the
southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as recorded in Plat Book 3,
Page 38 of the Public Records of Collier County, Florida, located in the southeasterly quadrant of U.S. 41 and Myrtle
Lane, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, and to accept Petitioner’s grant of a 15-
foot wide by 520-foot long drainage easement to replace the vacated drainage easement. (Companion to items 9A and
9C)
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in the 20-foot drainage and utility
easement located along the southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as
recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida, located in Section 29, Township 50
South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner’s
grant of a 15-foot wide by 520-foot long drainage easement to replace the vacated drainage easement.
CONSIDERATIONS: Petition VAC-PL20240005670 has been received by the Development Review Division, Growth
Management Community Development Department, with a request to vacate the 20-foot drainage and utility easement
located along the southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as recorded
in Plat Book 3, Page 38 of the Public Records of Collier County, Florida, located in Section 29, Township 50 South,
Range 26 East, Collier County, Florida.
The request is to remove the 20-foot-wide drainage and utility easement that runs through Parcel Numbers 60780960002
and 60781000000. No drainage facilities are located within the portion of the easement that will be vacated. The
applicant is currently rezoning (PL20230016212) 8.24+/- acres to a Commercial Planned Unit Development (CPUD)
which includes Parcel Numbers 60780880001 (5396 Myrtle Lane), 60780920000 (5398 Myrtle Lane), 60780960002
and 60781000000. In order to develop the proposed CPUD, the existing 20-foot-wide drainage and utility easement,
which runs through the middle of the overall CPUD, would need to be relocated. The applicant is proposing to relocate
the easement to the western 15 feet of Parcel Number 60780880001, which would be the western 15 feet of the proposed
CPUD boundary if the rezone is approved. The easement would only be approved if the rezone is approved.
The public benefit would be improved drainage, which would comply with LDC requirements. The Development
Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Community Development Department, Development Review Division staff
has collected a $2,000 “Petition to Vacate” fee from the petitioner, which covers the County’s cost of recording and
processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this
action.
LEGAL CONSIDERATIONS: The Petitioner is requesting the vacation of the 20-foot drainage and utility easement
located along the southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as recorded
in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Pursuant to Resolution 2021-243 and Florida
Statutes Section 177.101, the Board may adopt resolutions vacating plats in whole or in part of subdivisions in Collier
County, returning the property covered by such plats either in whole or in part into acreage when the following criteria
are met:
1. The request is in the interest of the general public welfare, or no public detriment is established.
2. The request does not invade or violate individual property rights.
3. The Petitioner owns the fee simple title to the whole, or that part of the parcel sought to be vacated; and
Page 1007 of 6405
1/14/2025
Item # 9.D
ID# 2024-2281
4. The vacation will not affect the ownership or right of convenient access of persons owning other parts of the
subdivision.
This item has been approved as to form and legality, and requires a majority vote for Board approval. --DDP
RECOMMENDATIONS: To Approve the attached Resolution relating to Petition VAC-PL20240005670, which will
vacate the County and the public interest in the 20-foot drainage and utility easement and to accept Petitioner’s grant of
a 15-foot wide by 520-foot long drainage easement to replace the vacated drainage easement, and direct the Clerk to
record a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat
of Unit No. 1, Myrtle Cove Acres, as recorded in Plat Book 3, Page 38, of the Public Records of Collier County, Florida.
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division.
ATTACHMENTS:
1. Myrtle Vacation Resolution
2. Application
3. Property Owner Disclosure form
4. Affidavit of Authorization(3)
5. LONO's All
6. Plat of Myrtle Cove Acres
7. 2023 County Tax Receipt
8. Drainage Easement
9. Affidavit of LLC
10. Resolution 2021-243
11. legal ad - agenda ID 24-2281 - VAC-PL20240005670 Myrtle Cove Acres Lots 24-28
Page 1008 of 6405
[24-EIS-05031/1909818/1] Page 1 of 2
RESOLUTION NO. 2025-____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN THE 20-FOOT
DRAINAGE AND UTILITY EASEMENT LOCATED
ALONG THE SOUTHWESTERLY BORDER OF LOTS 24
THROUGH 28, BLOCK “A” OF UNIT NO. 1, MYRTLE
COVE ACRES, AS RECORDED IN PLAT BOOK 3, PAGE
38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN THE SOUTHEASTERLY
QUADRANT OF U.S. 41 AND MYRTLE LANE, IN
SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20240005670]
WHEREAS, pursuant to Resolution 2021-243, Petitioner, Michael Delate, P.E., of Q.
Grady Minor and Associates, LLC., on behalf of the fee simple property owner, has requested
the vacation of the County and the Public interest in the 20-foot drainage and utility easement
located along the southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle
Cove Acres, as recorded in Plat Book 3, Page 38 of the Public Records of Collier County,
Florida, located in Section 29, Township 50 South, Range 26 East, Collier County, Florida, being
more specifically shown in Exhibit “A”, attached hereto; 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
WHEREAS, the granting of the petitioner’s request will not affect the ownership or right
of convenient access of persons owning other parts of the subdivision, nor invade or violate
individual property rights.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and Public
interest in the 20-foot drainage and utility easement located along the southwesterly border of
Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as recorded in Plat Book 3,
Page 38 of the public records of Collier County, Florida, located in Section 29, Township 50
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 and to make proper
notation of this Resolution on the plat of Unit No. 1, Myrtle Cove Acres, as recorded in Plat
Book 3, Page 38, of the Public Records of Collier County, Florida.
CAOPage 1009 of 6405
[24-EIS-05031/1909818/1] Page 2 of 2
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 14th day of January 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
____________________________ By: ________________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
____________________________
Derek D. Perry
Assistant County Attorney
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor,
Development Review Division.
Attachments:
Exhibit “A” - Sketch and Legal Description
Exhibit “B” - Location-Site Map
CAO12/17/2024Page 1010 of 6405
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:5 FEBRUARY 20241" = 60'DLSAH1 of 1GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144Fort Myers: 239.690.438024-28-SLNOTES:PROPERTY DESCRIPTIONLEGEND:MYRTLELNSKETCH AND DESCRIPTION*NOT A SURVEY*EXHIBIT "A" This item has been digitally signed and sealed by Donald L. Saintenoy III, P.S.M. on the date adjacent to the seal using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronics copies. Digitally signed by Donald L. Saintenoy III, P.S.M. Date: 2024.02.06 12:53:32 -05'00'CAOPage 1011 of 6405
(C.R. 864)RATTLESNAKETAMIAMI TRAIL (U.S. 41)COUNTY BARN ROAD
HAMMOCK ROADGrowth Management Department2800 North Horseshoe Drive, Naples Florida 34104Development Review DivisionMarcus L. Berman P.S.M.Professional Surveyor & Mapper LS 5086County Land SurveyorNOT TO SCALEPrepared by:EASEMENTVACATEDBEINGPROJECTLOCATIONREPLACEMENTEASEMENTUNIT NO. 1MYRTLE COVE ACRESPLAT BOOK 3 PAGE 38H:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Myrtle Cove Acres\VAC-PL20240005670 Myrtle Cove Acres Lots 24-28 Blk A Loc-Site Map.dwg, 10/23/2024 12:19:04 PMCAOPage 1012 of 6405
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Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 1 of 3
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
N.A.
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
KC NAPLES TAMIAMI LLC, 101 N. Wacker Dr., #611, Chicago, IL 60606
Kevin M. Cahill – Manager (100%)
100
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
N.A.
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
N.A.
PROPERTY OWNERSHIP DISCLOSURE FORM
Page 1017 of 6405
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 2 of 3
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Metropolitan Naples, LLC, 1500 Fifth Ave. S., Suite 106, Naples, FL
34102 (100%)
Development Partners International, LLC, 1415 Panther Ln,
Naples, FL 34109 (Ownership Interest)
Jerry Starkey, President (50%)
Fred Pezeshkan, Vice President (50%)
Alexander Pezeshkan, Vice President
Thomas MacIvor, Treasurer/ Secretary
Thomas MacIvor, Treasurer, 1415 Panther Ln, Naples, FL 34109
100
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
N.A.
g. Date subject property acquired 2018, 2012
Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: , or
Anticipated closing date:
Page 1018 of 6405
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
ww.colliercountyfl.gov
01/2023 Page 3 of 3
Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements
for petition types are located on the associated application form. Any change in ownership whether individually or
with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such
change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
July 29, 2024
Agent/Owner Signature Date
Michael Delate, P.E.
Agent/Owner Name (please print)
AFFIRM PROPERTY OWNERSHIP INFORMATION
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April 23rd , 2024
Attn: Sharon Umpenhour
RE- Letter of No Objection- Vacating Easement Parcel 60780960002 and 60781000000
Dear Ms. Sharon Umpenhour,
Thank you for contacting Comcast regarding your request to vacate easement. This is to
inform you that Comcast is has no facilities within the site’s development area. We currently
have no objection to your plans at this location.
If you have any further question or concerns, please do not hesitate to contact me at
(574) 808-8943.
Sincerely,
Christopher Plank
Construction Manager SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
574-808-8943
Christopher_Plank@Comcast.com
Page 1023 of 6405
6/18/2024
Sharon Umpenhour
Senior Planning Technician
Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
RE: No Objection to Terminate Easement- 20’ wide drainage and utility easement
located within Myrtle Cove Acres (Plat Book 3 Page 38, Block A, Lots 24, 25, 26, 27 and
28) on property identified as Parcel Numbers 60780960002 and 60781000000.
Dear Sharon,
In response to your request to terminate the 20’ wide drainage and utility easement located
within Myrtle Cove Acres (Plat Book 3 Page 38, Block A, Lots 24, 25, 26, 27 and 28) on
property identified as Parcel Numbers 60780960002 and 60781000000, LUMEN has no
objection to the termination of the PUE as shown.
Please be advised that LUMEN has a cross connect terminal [FID 26183] within the
ROW of Tamiami Trail E.
The no objection is contingent to LUMEN being provided any required easement for relocation
of existing facilities, if facilities are within the identified PUE that could be affected, along with
LUMEN being completely reimbursed by owner/developer on the cost of relocating such
facilities.
Customer or Contractor, will need to call for Locates (Sunshine 811) prior to doing any
work. Customer will be responsible for any damage to LUMEN utilities.
If I can be of further assistance, feel free to contact me at (239) 237-4853 or email
Alexis.Powell@lumen.com
Sincerely,
Alexis Powell
Alexis Powell
Associate Network Implementation Engineer
LUMEN
2820 Cargo St, Fort Myers, Florida, 33916
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Q. Grady Minor and Associates, LLC Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
SENT VIA CERTIFIED MAIL June 17, 2024 Cubesmart LP PTA-CS#451 PO BOX 320099 Alexandira, VA 22320
Re: Request for No Objection for an Easement Vacation
Parcel Numbers 60780960002 and 60781000000 To whom it may concern: On behalf of the property owners, we submitted an application to Collier County to vacate a 20’ wide drainage and utility easement located within Myrtle Cove Acres (Plat Book 3 Page 38, Block A, Lots 24, 25, 26, 27 and 28) on property identified as Parcel Numbers 60780960002 and 60781000000. The parcels are proposed to be rezoned to a Commercial Planned Unit Development (CPUD) to allow commercial/retail uses. Currently there are no drainage facilities that run through the easement. There are drainage easements on the west/south side of the proposed CPUD that will remain and have county facilities located in them. This UE/DE only has overhead utility lines located in it. Enclosed for your review is an aerial location map depicting the limits of the easement to be vacated, proposed PUD Master Site Plan and Plat Book 3 Page 38. If you have any questions or require additional information, please contact our office. Otherwise, please evidence your ‘no objection’ to the proposed easement vacation by providing a letter or email to our office. Sincerely,
Michael J. Delate, P.E. Sr. Vice President mdelate@gradyminor.com or sumpenhour@gradyminor.com
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ZONED: TREE TOPS MPUD
USE: RESIDENTIAL
ZONED: TREE TOPS MPUD
USE: COMMERCIAL
ZONED: RMF-6
USE: RESIDENTIAL
ZONED: C-4
USE: UNDEVELOPED AND
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WATER MANAGEMENT AREA
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
WITH 6' HIGH FENCE
15' WIDE TYPE 'D'
LANDSCAPE BUFFER
15' WIDE TYPE 'D'
LANDSCAPE BUFFER
15' WIDE TYPE 'D'
LANDSCAPE BUFFER
10' WIDE TYPE 'A'
LANDSCAPE BUFFER
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
EV CHARGING
STATIONS
PER LOCAL
REQUIREMENTS
PROPOSED
1-STORY
WAREHOUSE/
STORAGE TRUCK
& TRAILERRENTAL
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AREA
2.5' X 15' U.E.
(PER PB3 PG38)
20' X 20' U.E. AND 15'
U.E. (OR1468, PG122)
20' D.E./U.E.
(PER PB3 PG38)
TO BE VACATED
30' D.E./U.E.
(PER PB3 PG38)
10' WIDE TYPE 'A'
LANDSCAPE BUFFER
50' D.E./U.E.
OR4722, PG2824
NON-EXCLUSIVE
DRAINAGE EASEMENT
OR930, PG1019
TRUCK & TRAILER
RENTAL TRUCK & TRAILERRENTAL
PROPOSED1-STORYWAREHOUSE/STORAGEGradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
# DEVIATION 1
0 120'60'
SCALE: 1" = 120'
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4105 15th Avenue S.W.
Naples, Florida 34116
A Nextera Energy Company
7th, February 2024
Re: No Objection Letter ~ To Vacate the Easement for Parcel Numbers 60780960002 and
607810000007665 COLLIER COUNTY. 34113
Mr. Delate,
Florida Power and Light Company has reviewed your proposed construction on the property located at
Parcel Numbers 60780960002 and 607810000007665. 34113, Collier County, and has no objection to
vacate the easement as far as you pay to relocate the FPL facilities before we vacate the easement. This
“no objection” is provided with the stipulation that any FPL facilities within easements at this property
retain all rights.
If you have any questions regarding this matter, please contact me at 239-231-6983.
Sincerely,
Mohammad Al Hamd
Distribution Engineer
Florida Power & Light
4105 15th Ave SW, Naples FL, 34116
Email: Mohammad.Alhamd@fpl.com | Mobile: (239) 231-6983
Visit the new FPL Project Portal at FPL.com/construction to manage your FPL residential and commercial construction projects
including milestones.
Page 1033 of 6405
February 12, 2024
To: Sharon Umpenhour & Grady Minor/Associates, P.A.
RE: Vacate of Easement
Parcel# 60780960002 & 60781000000
5396 Myrtle L ane,
Naples, FL, 34113
Dear Sharon,
Thank you for contacting Peoples Gas System, Inc. (“PGS”) regarding the vacate of
easement at the above referenced location. After reviewing the documents provided,
TECO-PGS has NO objection to this request. TECO-PGS does not have any active facilities
in this specified area. TECO-PGS does have an active facility in the Right of Way to the
east, so Locates should be done prior to construction. Please see snippet of the map below.
If you have further questions, please do not hesitate to call.
Sincerely,
Cheyenne Thompson
Admin Specialist Sr., PGS Distribution Design
Peoples Gas System, Inc. (“PGS”), Central Territory
8416 Palm River Rd
Tampa, FL 33619
813-275-3710
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Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
693,000
$8,034.46
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
11/22/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
7
7
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
900,000
693,000
693,000
693,000
693,000
693,000
693,000
900,000
693,000
693,000
WWW-24-00304905
7713.08
60780960002
60780960002
MYRTLE COVE ACRES UNIT 1 BLK
A LOTS 24,25 & 26,
OR 1251 PG 2150
MYRTLE COVE ACRES UNIT 1 BLK
A LOTS 24,25 & 26,
OR 1251 PG 2150
Cahill & Sons LLC
2,220.58
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
10.3117
18.23
Receipt #
504.50
1,039.50
Pay your current taxes online at:
http://www.colliertaxcollector.com/
100.00
2,023.20
1,839.60
67.78
65.70
Paid By
155.37
693,000
900,000
0
693,000
0
693,000
0
693,000
693,000
900,000
693,000 0
0
0
0
0
0
0
$8,034.46
693,000
693,000
Page 1036 of 6405
Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
344,716
$3,996.35
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
11/22/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
7
7
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
447,640
344,716
344,716
344,716
344,716
344,716
344,716
447,640
344,716
344,716
WWW-24-00304905
3836.50
60781000000
60781000000
MYRTLE COVE ACRES BLK A LOTS
27 & 28 OR 2074 PG 1302
MYRTLE COVE ACRES BLK A LOTS
27 & 28 OR 2074 PG 1302
Cahill & Sons LLC
1,104.57
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
10.3117
9.07
Receipt #
250.95
517.07
Pay your current taxes online at:
http://www.colliertaxcollector.com/
49.74
1,006.29
914.98
33.71
32.68
Paid By
77.29
344,716
447,640
0
344,716
0
344,716
0
344,716
344,716
447,640
344,716 0
0
0
0
0
0
0
$3,996.35
344,716
344,716
Page 1037 of 6405
Pay in U.S. Funds Drawn on a U.S. Bank To:Collier County Tax Collector3291 E. Tamiami TrailNaples, FL 34112-5758
POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED
Visit our website: www.colliertaxcollector.com
Legal Description
Combined Ad Valorem and Non-Ad Valorem TotalSee reverse side for important information
Assessed Value District Mill Rate Assessed Value Exempt Amt Taxable Value Tax Amount
Parcel Number Legal Description Mill Code Escrow Code
PleaseRetainthisportionfor yourrecords
Exemptions
Millage Total Total Ad Valorem
Non-Ad Valorem District Type of Assessment Amount
Non-Ad Valorem Total
(Detach and Return with your Payment)
Parcel Number Mill Code Escrow Code
Rob Stoneburner
Amount Paid to Date:
188,137
$2,682.91
Please Pay
Please Pay
$0.00
$0.00
If Paid By
If Paid By
CONSERVATION COLLIER
$0.00
C.C. WATER POLLUTION CTRL PGM
COLLIER MOSQUITO CONTROL
SCHOOL BOARD - LOCAL BOARD
UNINCORP GEN - MSTD
GREATER NAPLES FIRE RESCUE DIS
WATER MANAGEMENT FUND-SOUTH FL
GENERAL FUND
SCHOOL BOARD - STATE LAW
11/22/2023
BIG CYPRESS BASIN
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
2023 Paid Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments
7
7
3.2043
2.0440
2.2480
0.0948
0.0978
0.7280
0.0263
0.1443
1.5000
Nov 30, 2023
Nov 30, 2023
0.2242
361,225
188,137
188,137
188,137
188,137
188,137
188,137
361,225
188,137
188,137
WWW-24-00304905
2575.59
60780920000
60780920000
MYRTLE COVE ACRES BLK A LOTS
23 OR 1255 PG 348
MYRTLE COVE ACRES BLK A LOTS
23 OR 1255 PG 348
Cahill & Sons LLC
602.85
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
KC NAPLES TAMIAMI LLC
101 N WACKER DR #611
CHICAGO, IL 60606
10.3117
4.95
Receipt #
136.96
282.21
Pay your current taxes online at:
http://www.colliertaxcollector.com/
27.15
812.03
738.34
18.40
17.84
Paid By
42.18
188,137
361,225
0
188,137
0
188,137
0
188,137
188,137
361,225
188,137 0
0
0
0
0
0
0
$2,682.91
188,137
188,137
Page 1038 of 6405
Prepared by and return to:
Michelle L. Sweet, Assnt Mngr
Collier County
Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples, Florida 34104
lspace above for recording data]
PROJECT
PARCEL:
FOLIO:
90000 - Developer
241DE
60780960002
DRAINAGE EASEMENT
THIS EASEIv! ENT is granted this
-
day of
-,
2024, by KC NAPLES TAMIAMI,
LLC, a Florida limited liability company, whose mailing address is 101 N. Wacker Drive, Suite
61'1 , Chicago, lL 60606 ("Grantor"), in favor of COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, cio the Office of the County
Attorney, Suite 800, Naples, FL 341 12 (hereinafter, "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, legal representatives, successors, and assigns. Grantor and Grantee are used for singular or plural,
as the context requires.)
RECITALS:
Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE. in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive drainage easement (the
"Easement") encumbering the portion of Grantor's property described on Exhibit "A" attached
hereto (the "Easement Area").
The Easement shall be for drainage and stormwater management purposes and includes
the right to enter upon the Easement Area to a) construct, operate, maintain, repair, replace and
remove ponds, lakes, canats, weirs, pumps, underground pipes, ditches, swales, earthen berms,
rip-rap, retaining walls and other retaining systems, irrigation lines, lighting and other electrical
facilities, and all other types of water control and related structures and facilities, at County's sole
discretion; and b) place, excavate, use, store, plant, remove and dispose of soil, trees,
landscaping, and other materials and improvements, including the removal and disposal of any
and all property, real and/or personal, not owned by the Grantee to the extent it interferes with
the Grantee's rights under the Easement, without liability to the owner of such property; all as
deemed necessary or appropriate from time to time by the Grantee.
The easement rights granted to Grantee are subject to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement
"running with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor's successors-in{itle.
Grantor represents that Grantor's property is not homestead property, nor is it contiguous
thereto.
[Signature Page to Follow]
oao
1
Page 1039 of 6405
Witnesses
KC NAPLES TAMIAMI, LLC, a Florida limited
liability company
Signature (Witness 1)
Printed Name BY
KEVIN I\,1. CAHILL, I\Ianager
Post Office Address:
Signature (Witness 2)
Printed Name
Post Office Address
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of E physical presence
or E online notarization this _ day of _, 20_, by Kevin M. Cahill as Manager
of KC NAPLES TAMIAMI, LLC., a Florida limited liability company, on behalf of the corporation,
who:
is personally known to me;
OR
_ produced n a driver's license, OR E as identification
Signature of Notary Public
Pnnted Name
Serial / Commission # (if any):
(affix notarial seal above)fuy Commission Expires
Approved as to form and legality
(
DEREK D. PERRY, ESQ
Assistant County Attorney
2
o
Lasl Rclised 2/12/24
IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above
written.
Page 1040 of 6405
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Page 1041 of 6405
Prepared by and return to:
lvlichelle L. Sweet, Assnt Mngr
Collier County
Transportation Engineering - ROW
2885 Horseshoe Drive S
Naples. Florida 34104
PROJECT
PARCEL:
FOLIO:
90000 - Developers
2410E
60780960002
AFFIDAVIT OF LIMITED LIABILITY COMPANY
The undersigned, KEVIN M. GAHILL ("Affiant"), being first duly sworn, states as follows
Affiant is the Manager of KC NAPLES TAMIAMI, LLC, a Florida limited liability company (the
"Company").
The Company was organized and is validly existing under the laws of the State of Florida and is
authorized to do business in the State of Florida.
The Company is currently in existence and has not been terminated or dissolved.
Neither the Company, nor any of its members, are currently a debtor in a bankruplcy or insolvency
proceeding.
The following are all of the members of the Company:
Kevin M. Cahill
6. The Company is manager managed pursuant to its Operating Agreement; KEVIN M. CAHILL is
authorized by the Operating Agreement to execute all instruments on behalf of the Company
affecting interests in real Property; and any and all necessary consents have been obtained.
Affiant acknowledges that Collier County and a title company issuing title insurance will rely upon this Affidavit.
Atfiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida
for falsely swearing to statements made in an instrument of this nature. Affiant certifles that Affiant has carefully
read this Affidavit and understands all statements.
KEVIN M. CAHILL
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me by means of I physical presence or E online notarization this
-
day of
20_, by KEVIN M. CAHILL, as Manager of KC NAPLES TAMIAMI, LLC, a Florida limited liability
company, on behalf of the company, who:
_ is personally known to me,
OR
-
has produced a E driveas license, or tr
-,
as identification.
Notary Public
(affix notary seal above)
Printed Name
Approved as to form and legality
DEREK D, PERRY. ESQ,
Assistant County Attorney
2
J
4
5
1
C
Lasl Reviscd 2/12124
Page 1042 of 6405
RESOLUTION 2021- 243
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING RESOLUTION 2006-160, AS AMENDED, IN
ORDER TO AMEND THE POLICIES AND PROCEDURES
FOR: 1) THE CLOSING AND VACATION OF ROAD
RIGHTS-OF-WAY; 2) THE VACATION AND
ANNULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND; AND 3) THE EXTINGUISHMENT OF
PUBLIC EASEMENTS CONVEYED BY SEPARATE
INSTRUMENT RECORDED IN THE PUBLIC RECORDS
CONVEYANCES OTHER THAN ON A SUBDIVISION
PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT
FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL
PROPERTY.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
pursuant to sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier
County Ordinance No. 2004-31, as amended, and the Collier County Land Development Code, is
authorized to grant or deny vacations and annulments of plats of subdivided land, road rights-of-
way, alleyways, and public dedicated easements conveyed by separate instrument recorded in the
public records, and exchange of real property; and
WHEREAS, the Board, on July 25, 2006, adopted Resolution 2006-160, which
superseded and replaced Resolution 1998-465, establishing the policies and procedures
previously established for the above; and
WHEREAS, the Board, on September 10, 2013, adopted Resolution 2013-166, which
amended Resolution 2006-160, to further amend the policies and procedures previously
established for the above; and
WHEREAS, the Board desires to further amend the policies and procedures for: 1)
closing and vacation of road rights-of-way; 2) vacation and annulment of plats or portions of
plats of subdivided land; and 3) extinguishment of public easements conveyed by separate
instrument records in the public records (conveyances other than on a subdivision plat) on platted
or unplatted land, except for public roads, and exchange of real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. This Resolution amends Resolution No. 2006-160, as amended, as set forth in the
following Attachments.
2. The policies and procedures for the closing and vacation of road rights-of-way are
amended and set forth in Attachment "A", incorporated herein and made part of this
Resolution.
20-EIS-04338/1574837/5] Page 1 of 2
CAO
Page 1043 of 6405
3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment `B", incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplatted land, except for public roads, or the exchange of
real property, are amended and set forth in Attachment "C", incorporated herein and
made a part of this Resolution.
BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of December, 2021.
ATTEST:BOARD F COUNTY COMMISSIONERS
CRYSTAL"Ify I I IZEL, CLERK COLLI TY, FLORIDA
By 0 ;. v
de.
i L— By:
Atte .as to ' 4 Irma , Deputy Clerk Penny Tayl , Chairman
Approved'a &to.forr and legality:
4i)
erek D. Perry
Assistant County Attorney q/A
Z12,
u\
Attachments:
1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road
Right-of-Way
2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or
Portions of Plats of Subdivided Land
3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements
Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other
Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or
the Exchange of Real Property
20-EIS-043 3 8/1 5 74 8 3 7/5] Page 2 of 2
C110
Page 1044 of 6405
p1,L14
V rN
1 AIL
ri I1N`1
Attachment"A"
POLICY AND PROCEDURE ON THE CLOSING
AND VACATION OF ROAD RIGHT-OF-WAY
A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes.
B. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said request does not invade or violate individual property
rights and otherwise qualifies under Ssection 336.09, Florida Statutes, the Board of County
Commissioners (BCC)may:
1. Vacate, abandon, discontinue and close any existing public or private street, alleyway,
road, highway, or other place used for travel, or any portion thereof, other than a state or
federal highway, and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith.
2. Renounce and disclaim any right of the County and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any recorded
map or plat as a street, alleyway, road, highway or other place used for vehicular travel.
C. PROCEDURE:
1. An application for the vacation of road right-of-way is to be completed along with the
listed items needed for review and to be submitted to Growth Management, Development
Review Division / Planning and Regulation, Engineering Services Section. It must be
accompanied by a non-refundable application fee (refer to Growth Management
Development Services' / Planning and Regulation current fee schedule for the applicable
fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated (FEEee SIMPLEimple DEEDeed). If petitioner is
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 1 of 13 Additions Underline Deletions Strkethreugh
O10Page 1045 of 6405
not the owner of the fee simple title, petitioner shall provide a statement
demonstrating the reason for the request including any property or financial interest
or projects affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-of-way to the
County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel if petitioner is the owner or the agent of owner of the fee simple title to the
whole or part of the parcel sought to be vacated. (Available from the Collier County
Tax Collector's Office, Building C-1, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Radio Road).
f) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
g) Site Plan - the site plan must be on 8 Y2" X 11" paper and show all data pertinent to
the proposed vacation,which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures,
5) Location of proposed vacation and, if applicable,proposed dedication-
h) A sketch and blegal description of what is to be vacated submitted on 8 Y2" X 11"
paper labeled in bold capital letters as EXHIBIT "A". This legal description is to bo
accompanied by a sketch of the legal description. Both the legal description and
sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and
have a "Prepared by" block listing the name and address of the Florida Professional
Surveyor and Mapper.
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 2 of 13 Additions Underline Deletions ugh
C)
90Page 1046 of 6405
i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
i)j) A property ownership disclosure form listing all persons with equitable interests in
the application.
ik "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,,
Development Review Division / Planning and Regulation Administrator or his their
designee. Such letters may include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval, Engineering Services Development
Review Division will distribute the package to the following areas for their approval
or objection:
1-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
29) Collier County Engineering ScrviceJDevelopment Review Division—
Subdivision-Review
310)Collier County Engineering ServiceJCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation Department Planning Review
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections
from those listed above,then the application is deemed denied.
1011If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 3 of 13 Additions Underline Deletions Strikethretrgh
0Page 1047 of 6405
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) A sketch and Regal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,:
2) An attorney's title opinion or certification by a title company Ownership &
Encumbrance Report by a title company(current),:
3) Executed conveyance document, and:
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition application
for completeness and compliance with this Resolution.Engineering
ServicesDevelopment Review Division will prepare an appropriate executive summary
and resolution and transmit both documents to the County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing. The
petition may be placed on the BCC agenda to establish a time and date for a public
hearing by Resolution pursuant to Ssection 336.09, Florida Statutes.
4. Once the time and date of the public hearing isare established, the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation at
least two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required by
the Engineering ServicesDevelopment Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of public
hearing, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50)per additional property owner.
6. In the event that the petitioner for the property in question does not represent lthemself
at the public hearing(s), they must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent h4mthem.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all requested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time, within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
Attachment"A" 20-EIS-04338/1574837/5]
March 20132021 Page 4 of 13 Additions Underline Deletions Stfikellifough
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notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn. Further review of
the project will require a new application subject to the then current code.
Attachment"A" 20-EIS-04338/1574837/5]
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Attachment"B"
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57
2004-31 and the Collier County Land Development Code.
B. POLICY: When a request is in the interest of the general public welfare or no public
detriment is established, the persons making application for said vacation own the fee simple
title to the whole or that part of the tract covered by the plat sought to be vacated, the request
will not affect the ownership or right of convenient access of persons owning other parts of
the subdivision, and the request does not invade or violate individual property rights, the
Board of County Commissioners may adopt resolutions vacating plats in whole or in part of
subdivisions in said countyies, returning the property covered by such plats either in whole or
in part into acreage.
C. PROCEDURE:
1. To petition for the vacation and annulment of plats or portions of plats of subdivided
land, an application is to be completed along with the listed items needed for review. The
application must be submitted to Engineering ServicesGrowth Management,
Development Review Division, accompanied by a non-refundable application fee (refer
to Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee).
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation and demonstrating that the request will not affect the ownership or right of
convenient access of persons owning other parts of the subdivision.
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c) Certificate showing all State and County taxes have been paid for the subject parcel.
Available from the Collier County Tax Collector's Office, Building C-1, in the
Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
e) List of abutting and other property owners within 250 feet of the proposed vacation to
include:
1) Name
2) Address
3) Zip Code
4) Parcel Number
f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed vacation, which shall include at least the following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed vacation and, if applicable,proposed dedication:
g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11"
paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal
description is to be accompanied by a skctch of the legal description. Both the sketch
and legal description and sketch are to be signed and sealed by a Florida Professional
Surveyor and Mapper and have a"Prepared by" block listing the name and address of
the Florida Professional Surveyor and Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department online or on the 2nd Floor of the Collier County Courthouse).
i) A property ownership disclosure form listing all persons with equitable interests in
the application.
e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Development Review
Division Administrator or their designee. Such letters may include but shall not be
limited to the following:
1) Electric Company
2) Telephone Company
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3) Cable Television Company
4) Collier County Sheriff's Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval Engineering ServiceJDevelopment Review
Division will distribute the package to the following areas for their approval or
objection:-
4-8) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
39) Collier County Engineering ServicesDevelopment Review Division—
Subdivision-Revieweview
310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
411)Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportations Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void—
f}k If a replacement easement is required by Collier County, the reviewing parties are
under no obligation to accept the offered alternative. If a Petition to Vacate is
premised on the grant of a replacement easement, the Board will not take action on
the Petition until the instrument necessary to grant the alternative real property
interest has been accepted in form and content by all reviewing parties and the
County Attorney's Office, it is properly executed by the granting or conveying entity,
and delivered to the County Attorney's Office to be held in trust pending the Board's
consideration of the requested vacation. If a replacement easement is required by
Collier County,the following shall be submitted:
1) Sketch and blegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a"Prepared by" block listing the name and address of the
Professional Surveyor and Mapper,7
2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a
title company (current),.-
3) Executed conveyance document, and:
4) Executed subordination documents.
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3. Development Review Division will review the petition for completeness and compliance
with this Resolution. Engineering ServicesDevelopment Review Division will prepare an
appropriate executive summary and resolution and transmit both documents to the
County Attorney's Office for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4. Once the time and date of the agenda item isae established, the Clerk to the Board shall
publish legal notice of the hearing in not less than two weekly issues of a newspaper of
general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes.
5. The petitioner and all property owners within 250 feet (and others as may be required by
Engineering Servicesthe Development Review Division) of the requested vacation parcel
shall be given notice by the Clerk to the Board; stating time, place and date of the agenda
item, by regular mail. If the number of property owners within two hundred fifty feet
250') exceeds twenty (20), petitioner shall incur an additional postage and handling
charge of fifty cents ($.50) per additional property owner. If the County receives an
objection or anticipates an objection to the vacation request,then the agenda item shall be
scheduled under advertised public hearings in the BCC Agenda.
6. In the event that the owner for the property in question does not represent h4mthemself at
the BCC meeting, they must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent himthem.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the -County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at the
same meeting at which time the reuse application is reviewed by the Board of County
Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
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Oti
Attachment"C"
POLICY AND PROCEDURE FOR THE
EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED
IN THE PUBLIC RECORDS (CONVEYANCES OTHER
THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR
THE EXCHANGE OF REAL PROPERTY.
A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion
thereof, granted to the County or public by any instrument recorded in the public records
of Collier County and to renounce and disclaim any right of the County and the public in
and to any land in connection therewith; when such interest is granted to the County or
public by any instrument recorded in the public records other than on a subdivision plat.
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for
drainage, utilities, access, maintenance, preservation, or conservation or other public
purposes; when such interest is granted to the County or public by any instrument
recorded in the public records of Collier County other than on a subdivision plat.
3. To make an exchange of real property whenever, in the opinion of the County
Commissioners, the County holds and possesses any real property, not needed for county
purposes, and such property may be to the best interest of the County exchanged for other
real property, which the County may desire to acquire for county purposes, as authorized
by gsection 125.37, Florida Statutes.
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or
platted land an application is to be completed along with the listed items needed for
review be submitted to Engineering Services Growth Management, Development
Review Division,-and it must be accompanied by a non_refundable application fee (refer
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to -Growth Management, Development Services' / Planning and Regulation current fee
schedule for the applicable fee)_
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that part
of the parcel on which a public dedicated easement is sought to be extinguished
F€ ee SIMPLEimple DEEDeed).
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement interest
to the County or the public.
d) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Radio Road).
f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing
all data pertinent to the proposed extinguishment, which shall include at least the
following:
1) Date of drawing
2) Scale
3) North arrow
4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, and proposed and/or existing above and below
grade structures, and any proposed landscaping.
5) Location of proposed extinguishment and, if applicable,proposed dedication:
VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X
11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to
be accompanicd by a sketch of the legal description. Both the sketch and legal
description and sketch are to be signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper.
h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Court Recording Department online or on the 2nd Floor of the Collier County
Courthouse).
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i) A property ownership disclosure form listing all persons with equitable interests in
the application.
g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by the Growth Management,
Development Review Division Administrator or their designee. Such letters may
include but shall not be limited to the following:
1) Electric Company
2) Telephone Company
3) Cable Television Company
4) Collier County Sheriffs Office
5) Homeowner's Association
6) Rescue and Fire Control District
7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submitting the petition for approval,.Engineering ServicesDevelopment Review
Division will distribute the package to the following areas for their approval or
objection_-
4- ) Collier County Public Utilities Engineering & Project Management Division
Utilities/PUED
2)Collier County Engineering ServicesDevelopment Review Division—
S„baivision Review
310) Collier County Engineering ServicesCapital Project Planning, Impact Fees &
Program Management Division—Stormwater Review
41 l) Collier County Capital Project Planning, Impact Fees & Program Management
Division—Transportation-Dept Planning Review
If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections
from those listed above,then the application is deemed denied"null and void '
1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest
with that interest dedicated to the County, the requirements and procedures of
section 125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable
and legally required. _The reviewing parties are under no obligation to accept the
offered alternative. If a Petition to Vacate is premised on the grant of a replacement
easement,the Board will not take action on the Petition until the instrument necessary
to grant the alternative real property interest has been accepted in form and content by
all reviewing parties and the County Attorney's Office, it is properly executed by the
granting or conveying entity, and delivered to the County Attorney's Office to be held
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in trust pending the Board's consideration of the requested vacation. The following
shall be submitted:
1) A sketch and lbegal description and sketch of what is to be dedicated, prepared
along with a current attorney's title opinion or certification by a title company
and noted on the sketch, signed and sealed by a Florida Professional Surveyor
and Mapper and have a "Prepared by" block listing the name and address of the
Florida Professional Surveyor and Mapper,,.-
2) Attorney's Title title Opinion opinion or certification by a title company
Ownership & Encumbrance Report(current)1:
3) Executed conveyance document, and,
4) Executed subordination documents.
3. Engineering ServicesDevelopment Review Division will review the petition for
completeness and compliance with this Resolution. Engineering ServicesDevelopment
Review Division will prepare an appropriate executive summary and resolution and
transmit both documents to the office of the County Attorney for approval.
If approved as to form and legality by the County Attorney, the petition will be filed with
the Clerk to the Board with a request for a time and date for a public hearing.
4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37,
Florida Statutes, the terms and conditions of any such exchange of property shall be
published, once a week for at least two weeks, in a newspaper of general circulation
published in the County prior to the adoption by the Board of County Commissioners.
45. In the event that the owner of the property in question does not represent l-imthemself at
the BCC meeting, they must provide a signed letter or appropriate documentation which
authorizes another specific person to represent lthem.
36. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews, reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall occur
at the same meeting at which time the re use application is reviewed by the Board of
County Commissioners.
67. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of the
date on which the comments were sent to the applicant with a one time extension of an
additional 90 days upon written notification. If a response is not received within this
time, the application for request review will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current
code.
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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 January 14, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East
Tamiami Trail, Naples, FL, to consider:
RESOLUTION NO. 2025-____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 20-FOOT
DRAINAGE AND UTILITY EASEMENT LOCATED ALONG THE
SOUTHWESTERLY BORDER OF LOTS 24 THROUGH 28, BLOCK “A” OF
UNIT NO. 1, MYRTLE COVE ACRES, AS RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN THE SOUTHEASTERLY QUADRANT OF U.S. 41 AND
MYRTLE LANE, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20240005670]
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 Ge offrey Willig
at 252-8369 or email to Geoffrey.Willig@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
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
December 26, 2024, through January 14, 2025
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