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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 Page 1013 of 6405 Page 1014 of 6405 Page 1015 of 6405 Page 1016 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 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 Page 1019 of 6405 Page 1020 of 6405 Page 1021 of 6405 Page 1022 of 6405 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 Page 1024 of 6405 Page 1025 of 6405 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 Page 1026 of 6405 Page 1027 of 6405 Page 1028 of 6405 ZONED: TREE TOPS MPUD USE: RESIDENTIAL ZONED: TREE TOPS MPUD USE: COMMERCIAL ZONED: RMF-6 USE: RESIDENTIAL ZONED: C-4 USE: UNDEVELOPED AND COMMERCIAL PROPOSE D 4-ST ORY WARE H O USE AND RET AIL S ALES U . S . 4 1 - T AM I AM I T R A I L E ( 2 0 0 ' R I GH T - O F -W A Y ) EMERGENCY ACCESS ONLY 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 LOADING 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' Page 1029 of 6405 Page 1030 of 6405 Page 1031 of 6405 Page 1032 of 6405 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 Page 1034 of 6405 Page 1035 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: 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 F:aFlI =7 ;? :7 = =z .-. a; @ --.1AmNtr5O€N5Itrm !xa) !m7-l omaon -o --l LJz ! o)(oo o -=e<a)' --tbm-z a_oa)> ur a-o#=ts >Qu--r-'4c= AAlp, Sezo = 'oiE"a-=ts- Ar>fr =o<>an -o -_a iEz HEE2Y (,N 9-aofr85 -^ >-n o_aN8rz,8Spx^9>i0lo'@ ad9-l.icD..i < tl)^-z r"9 P5 94-1 >>i_ c)- t-Jo az =D -O :a^=5;,:! Ioa -arq <o z> n "r: @|-- zi:z' t1t eE -,r tsxi-> ! t^ a: L:.1 o .r z an1 co-Ioq1qIrI aig;;E;'lu (,t,: g3=546i a-ii;--.lxi-F <--- N,"-.)rrl (, N ir - rrr - 'Q- i i-i .) - 4 !g ; --:r o = r'r z q.q ri mE 26-5>--r6mBq -" :- >a rri ="ol-*s-Tt =I E 2Z=r =isNB>;6- A!;,2l*q=rl o 6= i a EE c6I :i=!f4z9.=- >ri!)XtoJcJ-."i =P td > frz t =J?e\?Y E9 ix - L4cI, < m- l.oI@-QrG;:lo,<L_co1c9 42 ; = -+ >Nr ", -<o x !o q Q"' t/)-=B "='- i:X >(4 om r -! o-- f,) ooz =z6 -! -ao oC -q =o oA ql_5b0'21'50" E 52a.02s 0'21'50" w 52o.oJ'oov z -l m U) q'N --6)r> > o" (, ,^ .< oY.i =r=zA-z o E.rE - P6>* i## I B.Btt -'z az ^=fr o -5o-o -z <)zoEo =3iUO -L!o 4=ao> 6)o-oa, ? a. zrox<-zIoz Io =z, - I oz, I 2 F? ac zo o a -- a1=9)t^ =-2<-fi a1azatlcix o ! -' \4- Q2\ -z>.^- Y olP - i; < ^rii9io,r4d n =o>r1+1ZZ ! *5 < r.!-2 i.i(, < zlv, o>.*> =!e- =94=c:a-- -"r"; Pta6 n6oa JO,O,D.EOa.)F3.F PN:o- N . a\) z.qir +-=cdss-r<s9? E;5-FPza)iz 9423<t o-Noc) zom-rX>Iea n --'l6t1' mo:ozN <- . Ui - 12 =E= rI=Hau) -x--.roo-E<-rnz<286id5f'1 aD -- )J 1y! -< O z -o m Nr rrr>cDNrmE= f;=eB4, 3=hPv } .z\!n"6 9;= m --l axm--toI z0omaoA -o --t oz F $ 3 ts 3 S-= li I E rl-xh p EilS i$q-$s mx - ID = Ac G:\SURVEY\PR)JECT SURVEI'2024\28 - MYRTLE LN SKETCH (MTUH)\SURVEY\24-28-SL 2.DWG \ il 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 Ode)Page 1048 of 6405 notice of public hearing, a certified copy of the resolution, and the proof of publication of the notice of the adoption of such resolution shall be recorded by the Clerk to the Board in the Public Records of the County. 9. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. 10. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn. Further review of the project will require a new application subject to the then current code. Attachment"A" 20-EIS-04338/1574837/5] March 20132021 Page 5 of 13 Additions Underline Deletions Strikothrough Page 1049 of 6405 pLLI G , L. U Attachment"B" POLICY AND PROCEDURE FOR THE VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57 2004-31 and the Collier County Land Development Code. B. POLICY: When a request is in the interest of the general public welfare or no public detriment is established, the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, the request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision, and the request does not invade or violate individual property rights, the Board of County Commissioners may adopt resolutions vacating plats in whole or in part of subdivisions in said countyies, returning the property covered by such plats either in whole or in part into acreage. C. PROCEDURE: 1. To petition for the vacation and annulment of plats or portions of plats of subdivided land, an application is to be completed along with the listed items needed for review. The application must be submitted to Engineering ServicesGrowth Management, Development Review Division, accompanied by a non-refundable application fee (refer to Growth Management, Development Services' / Planning and Regulation current fee schedule for the applicable fee). 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed). b) A statement explaining the general public benefit received from the proposed vacation and demonstrating that the request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 6 of 13 Additions Underline Deletions 0VD Page 1050 of 6405 c) Certificate showing all State and County taxes have been paid for the subject parcel. Available from the Collier County Tax Collector's Office, Building C-1, in the Government Center). d) Assessment Map. (Available from the Collier County Property Appraiser's Office, Radio Road). e) List of abutting and other property owners within 250 feet of the proposed vacation to include: 1) Name 2) Address 3) Zip Code 4) Parcel Number f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing all data pertinent to the proposed vacation, which shall include at least the following: 1) Date of drawing 2) Scale 3) North arrow 4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, and any proposed landscaping. 5) Location of proposed vacation and, if applicable,proposed dedication: g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11" paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal description is to be accompanied by a skctch of the legal description. Both the sketch and legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a"Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. h) A copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). i) A property ownership disclosure form listing all persons with equitable interests in the application. e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Development Review Division Administrator or their designee. Such letters may include but shall not be limited to the following: 1) Electric Company 2) Telephone Company Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 7 of 13 Additions Underline Deletions Striketkroug# JPage 1051 of 6405 3) Cable Television Company 4) Collier County Sheriff's Office 5) Homeowner's Association 6) Rescue and Fire Control District 7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval Engineering ServiceJDevelopment Review Division will distribute the package to the following areas for their approval or objection:- 4-8) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED 39) Collier County Engineering ServicesDevelopment Review Division— Subdivision-Revieweview 310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review 411)Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportations Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void— f}k If a replacement easement is required by Collier County, the reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement, the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held in trust pending the Board's consideration of the requested vacation. If a replacement easement is required by Collier County,the following shall be submitted: 1) Sketch and blegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a"Prepared by" block listing the name and address of the Professional Surveyor and Mapper,7 2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a title company (current),.- 3) Executed conveyance document, and: 4) Executed subordination documents. Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 8 of 13 Additions Underline Deletions Striketltreugli t)Page 1052 of 6405 3. Development Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the County Attorney's Office for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4. Once the time and date of the agenda item isae established, the Clerk to the Board shall publish legal notice of the hearing in not less than two weekly issues of a newspaper of general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes. 5. The petitioner and all property owners within 250 feet (and others as may be required by Engineering Servicesthe Development Review Division) of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of the agenda item, by regular mail. If the number of property owners within two hundred fifty feet 250') exceeds twenty (20), petitioner shall incur an additional postage and handling charge of fifty cents ($.50) per additional property owner. If the County receives an objection or anticipates an objection to the vacation request,then the agenda item shall be scheduled under advertised public hearings in the BCC Agenda. 6. In the event that the owner for the property in question does not represent h4mthemself at the BCC meeting, they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent himthem. 7. The County Commission may adopt a resolution vacating plats in whole or in part of subdivisions in the -County, returning the property covered by such plats either in whole or part into acreage. 8. A certified copy of any approved resolution shall be recorded in the public records of Collier County. 9. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. 10. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"B" 20-EIS-04338/1574837/5] March 20132021 Page 9 of 13 Additions Underline Deletions Strikethreugk O vPage 1053 of 6405 j . 6,1 Oti Attachment"C" POLICY AND PROCEDURE FOR THE EXTINGUISHMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN THE PUBLIC RECORDS (CONVEYANCES OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL PROPERTY. A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes. B. POLICY: Requests will be granted as long as the public benefit is established or no public detriment is established. The Board of County Commissioners may: 1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the County or public by any instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest is granted to the County or public by any instrument recorded in the public records other than on a subdivision plat. 2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for drainage, utilities, access, maintenance, preservation, or conservation or other public purposes; when such interest is granted to the County or public by any instrument recorded in the public records of Collier County other than on a subdivision plat. 3. To make an exchange of real property whenever, in the opinion of the County Commissioners, the County holds and possesses any real property, not needed for county purposes, and such property may be to the best interest of the County exchanged for other real property, which the County may desire to acquire for county purposes, as authorized by gsection 125.37, Florida Statutes. C. PROCEDURE: 1. To petition for the extinguishment of County dedicated easement on unplatted land or platted land an application is to be completed along with the listed items needed for review be submitted to Engineering Services Growth Management, Development Review Division,-and it must be accompanied by a non_refundable application fee (refer Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 10 of 13 Additions Underline Deletions Str-ilEetlirexgh GA0Page 1054 of 6405 to -Growth Management, Development Services' / Planning and Regulation current fee schedule for the applicable fee)_ 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel on which a public dedicated easement is sought to be extinguished F€ ee SIMPLEimple DEEDeed). b) A statement explaining the general public benefit received from the proposed vacation. c) A copy of the document which granted, conveyed or dedicated the easement interest to the County or the public. d) Certificate(s) showing all State and County taxes have been paid for the subject parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in the Government Center). e) Assessment Map. (Available from the Collier County Property Appraiser's Office, Radio Road). f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing all data pertinent to the proposed extinguishment, which shall include at least the following: 1) Date of drawing 2) Scale 3) North arrow 4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, and any proposed landscaping. 5) Location of proposed extinguishment and, if applicable,proposed dedication: VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X 11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to be accompanicd by a sketch of the legal description. Both the sketch and legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 11 of 13 Additions Underline Deletions Stream Page 1055 of 6405 i) A property ownership disclosure form listing all persons with equitable interests in the application. g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Growth Management, Development Review Division Administrator or their designee. Such letters may include but shall not be limited to the following: 1) Electric Company 2) Telephone Company 3) Cable Television Company 4) Collier County Sheriffs Office 5) Homeowner's Association 6) Rescue and Fire Control District 7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval,.Engineering ServicesDevelopment Review Division will distribute the package to the following areas for their approval or objection_- 4- ) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED 2)Collier County Engineering ServicesDevelopment Review Division— S„baivision Review 310) Collier County Engineering ServicesCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review 41 l) Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportation-Dept Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void ' 1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest with that interest dedicated to the County, the requirements and procedures of section 125.37, Florida Statutes, and the Collier County Utilities Standards and Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable and legally required. _The reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement,the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 12 of 13 Additions Underline Deletions Strikethreegh CAO Page 1056 of 6405 in trust pending the Board's consideration of the requested vacation. The following shall be submitted: 1) A sketch and lbegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper,,.- 2) Attorney's Title title Opinion opinion or certification by a title company Ownership & Encumbrance Report(current)1: 3) Executed conveyance document, and, 4) Executed subordination documents. 3. Engineering ServicesDevelopment Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the office of the County Attorney for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37, Florida Statutes, the terms and conditions of any such exchange of property shall be published, once a week for at least two weeks, in a newspaper of general circulation published in the County prior to the adoption by the Board of County Commissioners. 45. In the event that the owner of the property in question does not represent l-imthemself at the BCC meeting, they must provide a signed letter or appropriate documentation which authorizes another specific person to represent lthem. 36. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such extinguishment shall occur at the same meeting at which time the re use application is reviewed by the Board of County Commissioners. 67. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"C" 20-EIS-04338/1574837/5] March 20132021 Page 13 of 13 Additions Underline Deletions StFikethFetigli CAoPage 1057 of 6405 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 Page 1058 of 6405