Resolution 2025-018 RESOLUTION NO. 2025- 018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
CONDITIONALLY DISCLAIM,RENOUNCE AND VACATE
THE COUNTY AND THE PUBLIC INTEREST IN A
PORTION OF TRAIL BOULEVARD, DEPICTED AS AN 80-
FOOT RIGHT OF WAY ADJACENT TO LOTS 25
THROUGH 30,BLOCK A,PINE RIDGE,AS RECORDED IN
PLAT BOOK 3, PAGE 24, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED ON THE EAST
SIDE OF TAMIAMI TRAIL NORTH (U.S. 41) AND NORTH
OF PINE RIDGE ROAD, IN SECTION 10, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PL20240002006]
WHEREAS, pursuant to Resolution 2021-243, petitioner Noel Davies, Esq. of Davies
Duke, PLLC, on behalf of the property owner, has requested the vacation of the County and the
Public interest in a portion of Trail Boulevard,depicted as an 80-foot right of way adjacent to Lots
25 through 30, Block A, Pine Ridge, as recorded in Plat Book 3, Page 24, of the Public Records
of Collier County, Florida, in Section 10, Township 49 South, Range 25 East, Collier County,
Florida, being more specifically described in Exhibit"A", attached hereto; and
WHEREAS, McCabe& Sons Hospitality, LLC f/k/a Waterside Hotel Development, LLC
(hereinafter referred to as "McCabe"), is the owner of Lots 25 through 30, Block A, Pine Ridge,
as recorded in Plat Book 3,Page 24, of the Public Records of Collier County,Florida, by virtue of
those certain Warranty Deeds recorded in Official Records Book 6293, Page 1368, and Official
Records Book 6293, Page 3327, in the Public Records of Collier County, Florida, located at 5400
Trail Boulevard,Naples, FL 34108 (hereinafter referred to as "McCabe's Property"); and
WHEREAS,on or about February 15,2024,McCabe made application for the vacation of
that portion of Trail Boulevard abutting McCabe's Property (PL20240002006) (hereinafter
"Proposed Vacation Application"),with the sketch and legal description of said proposed vacation
being attached hereto as Exhibit"A" and incorporated herein by reference (hereinafter "Proposed
Right of Way Vacation"); and
WHEREAS,the Collier County holds the platted right-of-way Trail Boulevard in trust on
behalf and for the benefit of the public, and maintains said right-of-way the same; and
WHEREAS, McCabe is proposing to create a greater public benefit by replacing the
easement with public, County, and utility easements,beautifying and maintaining Trail Boulevard
south of Ridge Drive, and providing a sewer system to adjacent neighboring properties as part of
the proposed vacation application's approval, conceptually shown in Exhibit"C", attached hereto
and incorporated herein by reference (hereinafter referred to as the "Conceptual Plans"); and
[24-EIS-04996/1908293/1] Page 1 of 4
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WHEREAS, McCabe made application for a Site Development Plan (SDP-
PL20230012016) with the County's Development Review Division for a luxury hotel that is
currently under review; and
WHEREAS, McCabe intends to reconfigure and beautify Trail Boulevard as part of the
luxury hotel's development, through an appropriate revision or amendment to SDP-
PL2023001201 and corresponding right of way permit; and
WHEREAS,the public benefit provided for in McCabe's Proposed Vacation Application
provides for greater public benefit and welfare than the existing governmental use of the platted
right-of-way and its possession in trust for the benefit of the public; and
WHEREAS, at its December 10, 2024 regular meeting, the Board of County
Commissioners ("Board"), via Resolution No. 2024-239, approved the scheduling of a public
hearing on January 14, 2025,pursuant to Resolution 2021-243; and
WHEREAS, the Board, 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 McCabe's request will not adversely affect the ownership
or right of convenient access of the property owners, nor invade or violate individual property
rights, and otherwise qualifies under sections 336.09 and 177.101, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. All of the above recitals are true and correct and are hereby expressly incorporated herein by
reference as if set forth fully below.
2. The County and the Public interest in the portion of Trail Boulevard depicted as an 80-foot
right of way adjacent to Lots 25 through 30, Block A, Pine Ridge, as recorded in Plat Book 3,
Page 24, of the Public Records of Collier County, Florida, in Section 10, Township 49 South,
Range 25 East, Collier County, Florida, being more specifically shown in Exhibit "A", is
hereby conditionally vacated, extinguished, renounced and disclaimed, and this action is
declared to be in the Public interest and for the Public benefit,subject to conditions a.—d.below,
and effective upon adoption of this Resolution, but not deemed satisfied until recordation and
acceptance of replacement easements acceptable to the County, which will be evidenced by a
Board resolution as prescribed in¶4.
a. McCabe shall make application for the appropriate revisions or amendment to SDP-
PL20230012016, as well as application for a Right of Way Permit, to substantially
effectuate the Conceptual Plans within one year of the adoption of this resolution.
b. McCabe,at its sole cost and expense, shall design,permit,and install a decorative roadway,
sidewalk and landscaping along Trail Boulevard and the forthcoming permanent public
access easement south of Ridge Street,in substantial compliance with the Conceptual Plans
[24-EIS-04996/1908293/1] Page 2 of 4
go
and as reviewed and approved by the appropriate revisions or amendment to SDP-
PL20230012016 and the corresponding Right of Way Permit, subject to the following:
i. The County Manger or designee shall have complete discretion in providing
approval of the decorative roadway, sidewalk and landscaping when reviewing the
appropriate revisions or amendment to SDP-PL20230012016 and the
corresponding Right of Way Permit(including design,materials, and landscaping),
to ensure public health, safety, and welfare.
ii. After such approval,McCabe shall enter into a landscape and roadway maintenance
agreement with the Board of County Commissioners and provide ongoing
maintenance of Trail Boulevard south of Ridge Drive thereafter.
iii. Completion of the decorative roadway, sidewalk and landscaping shall be
evidenced by a passing final inspection and Site Final Acceptance(SAF)letter from
the County's Development Review Division.
iv. The terms of this paragraph shall be completed within three years of the adoption
of this resolution, unless otherwise extended by the Board.
c. McCabe shall relocate and replace the existing bus shelter with a like kind or better and
provide a 12-foot lane for a bus stop off Tamiami Trail North, substantially as shown in
the Conceptual Plans, subject to approval by Florida Department of Transportation
(FDOT).
d. McCabe shall install, at its sole cost and expense and to County standards, individual
wastewater stub outs on the south side of Lot 30,Block A, Pine Ridge for each commercial
building (7-Eleven and Le Indya) located on Lots 31 through 33, Block A, Pine Ridge, as
part of SDP-PL20230012016's unified wastewater system, to be conveyed to the Collier
County Water-Sewer District, along with corresponding County Utility Easements during
Site Development, at the determination of the County Manager or designee, as
conceptually shown in Exhibit"E", attached hereto and incorporated herein by reference.
3. Until permanent easements are granted and accepted,the County retains and otherwise reserves
unto itself Temporary Public Access, Sidewalk, Drainage, and County Utility Easements over
that portion of Trail Boulevard depicted as an 80-foot right of way adjacent to Lots 25 through
30, Block A, Pine Ridge, as recorded in Plat Book 3, Page 24, of the Public Records of Collier
County, Florida, being more specifically shown in Exhibit"A", as a:
a. Temporary Public Access Easement for the construction, installation, maintenance, and
operation of Trail Boulevard as a vehicular roadway open to the public;
b. Temporary Sidewalk Easement for the construction, installation, maintenance, and
operation of sidewalks and other pedestrian access for the public;
c. Temporary Drainage Easement for the construction, installation, maintenance, and
operation of drainage facilities and swales; and
[24-EIS-04996/1908293/1] Page 3 of 4
d. Temporary County Utility Easement for the Collier County Water-Sewer District's
construction, installation, maintenance, and operation of potable, non-potable, and sewer
infrastructure;
each of which shall independently terminate upon the granting and acceptance of a respective
permanent replacement easement, as evidenced by the subsequent Board resolution
demonstrating satisfaction as prescribed in ¶ 4. The permanent replacement Public Access,
Sidewalk and Drainage Easements shall be granted to the County, and the permanent County
Utility Easement shall be granted to the Collier County Water-Sewer District at no cost within
one year of the adoption of this resolution, with all closing costs borne by McCabe. The
County Utility Easement shall be subordinate to the Public Access, Sidewalk and Drainage
Easements.
4. A subsequent Board resolution demonstrating the satisfaction of the conditions of this
resolution and acceptance of the permanent easements shall be recorded in the Public Records
at McCabe's expense within three years of the adoption of this resolution, unless otherwise
extended by the Board.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records of Collier County,
Florida and to make proper notation of this Resolution on the plat of Pine Ridge, as recorded in
Plat Book 3, Page 24, of the Public Records of Collier County, Florida .
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
this 14th day of January 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZ , '•)✓wERK COLLIER COUNTY, FLORIDA
•
By: By:
%C --
Attest as( t i.*rrra' 'Deputy Clerk Burt L. Saunders, Chairman
signet re ly
Attachments:
Ap pitek
ed as to form and legality:NIA. Exhibit"A" - Sketch& Description
o Exhibit"B" - Location-Site Map
Exhibit"C" - Conceptual Site Plan
Exhibit"D" - Joinder and Consent
Derek D. Perry 2IN Exhibit"E" - Conceptual Stub Outs
Assistant County Attorney ,L 6\ p
`1
[24-EIS-04996/1908293/1] Page 4 of 4
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EXHIBIT "D"
CONSENT,JOINDER,AND ACCEPTANCE OF RESOLUTION
The undersigned, Philip J. McCabe, as Manager of McCabe & Sons Hospitality, LLC
f/k/a Waterside Hotel Development,LLC,hereby certifies that they are the owner of that certain
parcel of real property described as Lots 25 through 30, Pine Ridge,as recorded in Plat Book 3,
Page 24, of the Public Records of Collier County, Florida, located in in Section 10, Township
49 South, Range 25 East, Collier County, Florida, and the undersigned hereby consents,joins
in, and accepts the terms and conditions of the foregoing Resolution and acknowledges that it
establishes a valid and enforceable covenant running with the aforementioned land, as
specifically set forth in Collier County Resolution No. 2025-_0f f.
WITNESSES:
Witness# 1 Signature
6/1/-1S/7ze..._ L. Ccf,),-n
Witness#1 Printed Name McCabe & Sons Hospitality, LLC f/k/a
23Y-70 O/c€ :/Leeluu>biu, Waterside Hotel Development,LLC
Witness 1 Po t Address
By:
Philip J. c e, Manager
fitness 2 Si nature
Witness tinted Naive
Witrfess #2 Post Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical presence this T'`"--
day of December 2024, by Philip J. McCabe as Manager of McCabe & Sons Hospitality, LLC
f/k/a Waterside Hotel Development, LLC ['who is personally known to me or ❑ who has
produced as identification.
Notary Public Signature
i
�.'� CHRISTINE L.CUOMO f i � etA)/:,1
;�; i• MY COMMISSION#HH 509184 Notary Public Printed Name
EXPIRES:June 14,2028
%F�F ilk:•
Page 1 of 1
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EXHIBIT " E "
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Conceptual location of 7-Eleven
individual wastewater stub outs
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