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Agenda 11/10/2025 Item #17E (Resolution - Approve Petition VAC-PL20250004879, to disclaim, renounce and vacate the County and the public interest in a portion of Kon Tiki Drive)11/10/2025 Item # 17.E ID# 2025-3731 Executive Summary Recommendation to approve Petition VAC-PL20250004879, to disclaim, renounce and vacate the County and the public interest in a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, located approximately 40 feet East of Capri Boulevard, (Griffis Highway per plat) in Section 32, Township 51 South, Range 26 East, Collier County, Florida, reserving a county utility easement and to accept Petitioner’s grant of one drainage and utility easements and one drainage easement to replace the vacated rights-of-way. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, Located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A”, reserving a county utility easement and to accept Petitioner’s grant of one drainage and utility easements and one drainage easement to replace the vacated rights-of-way. CONSIDERATIONS: The Development Review Division has received a request to vacate a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, Located in Section 32, Township 51 South, Range 26 East, Collier County, Florida. In accordance with Collier County Ordinance 01-57 and Resolution 2021-243, the applicant would like to request the vacation of a dead-end portion of Kon Tiki Drive within the Isles of Capri, Collier County, Florida. As reflected in the included conceptual site plan, appropriate egress shall be provided to the adjacent residential property. This vacation is a net benefit to Collier County due to the reduction in maintenance as the replacement road will be private in nature, reduce the utilization of county right of way for illicit uses, and enhance intersection safety. This proposal would eliminate a two-way road with a one-way egress, thus eliminating a point of conflict. Additionally, a stop sign and stop bar is proposed on the western side of Capri Boulevard, creating a three-way stop condition where there is presently a two-way. Currently, much of the Kon Tiki Drive right-of-way is utilized for parking, boat washing, and trash collection for the residential development to the north (Tarpon Village). The proposed vacation will allow for the removal of these blights from the county-owned right-of-way and allow the community to own and thus have control of the use of their vacated portion. PROPOSED IMPROVEMENTS Per the included conceptual site plan, the vacation would allow for the private construction of a 20’ egress for the neighboring Tarpon Village community, eliminating the 80’ right-of-way. The county is reserving a varying 24’ to 33’ wide exclusive county utility easement for a water main serving an existing hydrant at the current Tarpon Village egress and existing communication lines (telephone and internet); and a temporary utility easement. A dumpster enclosure is proposed for the Tarpon Village community to replace the existing, partially screened wood picket trash collection area within the county right-of-way. The adjacent proposed marina is providing a 15’ wide non-exclusive drainage and utility easement for future infrastructure improvements, and a 4’ drainage easement for drainage infrastructure on Lot 548, Isles of Capri Business Section subdivision, a 15’ wide Type B landscape buffer with a wall, as well as a 25’ side yard setback. A 5’ wide sidewalk is proposed within the Capri Boulevard right-of-way connecting to the existing sidewalk network beyond the to-be-vacated Kon Tiki Drive. The vacated property will be privately owned and maintained. The proposed reconfigured egress for the Tarpon Village community is compatible with fire/life safety vehicles, including adequate width and turning radii. The proposed resolution provides that no new trees or replacement trees are allowed in the north 40 feet of the vacated right-of-way. This restriction is to maintain the required distance separation from the County’s utility easement. The public benefit of the proposed vacation is further established by the conditions in Exhibit B of the Resolution offered by Capri Harbor US LP and shown on the Master Concept Plan: • Installation of four FDOT Type C drainage inlet structures along with ±389 LF of 18-inch Dual-Wall ADS pipe connecting said structures in the eastern portion of Capri Blvd; • Relocation and replacement of a 6-inch water main and installation of a root barrier; Page 6223 of 6525 11/10/2025 Item # 17.E ID# 2025-3731 • Installation of Sanitary Sewer infrastructure within Capri Blvd; and • Installation of a 24-inch reinforced concrete pipe with a check valve to replace the existing outfall pipe within Capri Boulevard along the project’s southern boundary. This vacation request is made to accommodate the desired development on the parcels to the South of Kon Tiki Drive, as reflected in the proposed conceptual site plan, and enhance the overall community by removing the blight associated with the illicit use of the existing right-of-way. Pursuant to Florida Statutes section 336.09(2) and Resolution 2021-243, the Board “may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of [vacating the public road rights-of-way].” At the Board’s October 14, 2025, meeting, the Board set the hearing for November 10, 2025. Additionally, this hearing was advertised pursuant to Florida Statutes section 336.10 and Resolution 2021-243, and the property owners were given notice as well. The Development Review Division has reviewed this petition and found no reason for objection. This item is consistent with the Collier County strategic plan objective to operate an efficient and customer focused permitting process. 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: Petitioner is requesting the vacation of a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, Located in Section 32, Township 51 South, Range 26 East, of the Public Records of Collier County, Florida. Pursuant to Resolution 2021-243 and Florida Statutes sections 336.09 and 336.10, the Board with respect to property under their control, upon petition of any person or persons, may adopt a resolution to 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 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; and 3. The Petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated or provides a statement demonstrating the reason for the request, including any property or financial interest or projects affected by a granting of such request. This item has been approved as to form and legality and requires a majority vote for Board approval. – HFAC RECOMMENDATION(S): To approve the attached Resolution, relating to Petition VAC-PL20250004879, which will vacate the County and the public interest in a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A”, reserving a utility easement, accept the Petitioner’s grant of one drainage and utility easement and one drainage easement to replace Page 6224 of 6525 11/10/2025 Item # 17.E ID# 2025-3731 the vacated rights-of-way, direct the Clerk to the Board 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 Isles of Capri Business Section, as recorded in Plat Book 3, Page 52 of the Public Records of Collier County, Florida. PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division. ATTACHMENTS: 1. Resolution 9-26-25 Kon Tiki VAC 2. Application 3. Property Ownership Disclosure Form 4. Affidavit of Authorization 5. LONO's All 6. OR 432 page 566 7. Plat of Isles of Capri Business Section 8. Conceptual Site Plan 9. Resolution 2021-243 10. legal ad - agenda ID 25-3731 - VAC-PL20250004879 Kon Tiki Dr vacation - 11.10.25 BCC Page 6225 of 6525 [25-EIS-05186/1958688/1]78 9-26-25 1 of 3 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 THAT PORTION OF KON TIKI DRIVE RIGHT-OF-WAY EAST OF CAPRI BOULEVARD FORMERLY GRIFFIS HIGHWAY AS DESCRIBED HEREIN, BEING A PART OF ISLES OF CAPRI BUSINESS SECTION, PLAT BOOK 3, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20250004879) WHEREAS, pursuant to Resolution 2021-243, Brandon Copper PE of Davidson Engineering, Inc. and Clay Brooker, Esq. of Cheffy, Passidomo, on behalf of the property owner, Capri Harbor US LP (“Capri Harbor”), have requested the vacation of the County and the Public interest in that portion of Kon Tiki Drive right-of-way east of Capri Boulevard formerly Griffis Highway right-of-way, being a part of Isles of Capri Business Section, Plat Book 3, page 52 of the Public Records of Collier County, Florida, located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, at its October 14, 2025 regular meeting, the Board of Commissioners, via Resolution No. 2025-____, approved the scheduling of a public hearing on_________, 2025, pursuant to Resolution 2021-243; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner’s request and notice of said public hearing was given as required by law; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public interest in a portion of Kon Tiki Drive right-of-way east of Capri Boulevard Formerly Griffis Highway right-of-way, being a part of Isles of Capri Business Section, Plat Book 3, page 52 of the Public Records of Collier County, Florida, located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described 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, subject to the conditions described in Exhibit B, attached hereto, to be completed before issuance of the first Certificate of Occupancy for the Capri Harbor US LP property south of the property described in Exhibit A, and the condition that no new trees or replacement trees are allowed in the north 40 feet of the property described and shown in Exhibit A, without Page 6226 of 6525 [25-EIS-05186/1958688/1]78 9-26-25 2 of 3 written approval by the Collier County Public Utilities and Project Management Department. BE IT FURTHER RESOLVED, that the County does not renounce or disclaim, and specifically retains and reserves unto itself an exclusive County Utility Easement (C.U.E.) in favor of Collier County and the Collier County Water Sewer District in, on, over and under the property described in Exhibit C, with no responsibility for maintenance of the above-ground area. Maintenance of the C.U.E. area will be the responsibility of the fee simple owner, but Collier County will restore the asphalt driveway to its original condition if it’s disturbed after the County performs work. Decorative pavers are not allowed in the C.U.E.; BE IT FURTHER RESOLVED, Collier County retains and reserves unto itself the right to require and issue right-of-way permits for access to and changes or modifications to existing utility infrastructure owned by Florida Power and Light, Lumen Technologies, or any other utility provider, their successor and assigns, within the C.U.E., and for any alterations of the C.U.E. area by any fee simple owner of the land described in Exhibit C.; BE IT FURTHER RESOLVED, Collier County retains and reserves unto itself a temporary county utility easement over the north 40 feet of the Kon Tiki Right of way described in Exhibit A which will expire upon the County’s acceptance of the relocated and replaced 6 inch water main described in Exhibit B; BE IT FURTHER RESOLVED, that the County accepts the Drainage and Utility Easement and the Drainage Easement in Exhibit D and E, respectively, attached hereto upon their recordation in the Official Land Records of Collier County; and 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 Official Land Records of Collier County, Florida and to make proper notation of this Resolution on the plat of Isles of Capri Business Section, as recorded in Plat Book 3, Page 52, of the Official Land Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this the _____ day of _______________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA __________________________ By: _____________________________ , Deputy Clerk BURT L. SAUNDERS, Chairman Page 6227 of 6525 [25-EIS-05186/1958688/1]78 9-26-25 3 of 3 Approved as to form and legality: By: __________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: 1. Exhibit A - Legal description of vacated area 2. Exhibit B - Conditions related to public purpose 3. Exhibit C - Legal description of reserved exclusive County Utility Easement 4. Exhibit D – 15-foot Drainage and Utility Easement 5. Exhibit E – 4-foot Drainage Easement 6. Exhibit F - Location Map Page 6228 of 6525 Page 6229 of 6525 Page 6230 of 6525 Capri Harbor Marina-Kon Tiki Drive ROW (VAC-AVPLAT) – PL20250004879 Exhibit B – Conditions Related to Public Purpose September 22, 2025 www.davidsonengineering.com CONDITIONS RELATED TO PUBLIC PURPOSE EXHIBIT B 1. Capri Harbor agrees to convey an exclusive 4-foot-wide drainage easement to the County near the south boundary of its property as depicted in the Master Concept Plan. Capri Harbor also agrees to affirm that the scope of the existing 3-foot-wide, platted “sewer easement” abutting the south boundary of its property includes drainage facilities. a. Only shrubs and groundcovers are permitted in this easement. If proposed, royal palms shall be located at least 15’-0" from this easement. Conocarpus erectusare is permitted if at least 5’-0" from the easement. Irrigation laterals, which are 18" below the surface, and sprinkler heads are allowed in the easement. Shrubs shall be maintained at a 36" height for visibility and ease of access. b. Capri Harbor agrees to install ±172 LF of 24-inch reinforced concrete pipe with a check valve to replace the existing outfall pipe within Capri Boulevard along the project’s southern boundary as depicted in the Master Concept Plan. To maintain active outfall located on the southern portion of the marina project, the existing pipe shall remain in place and active until the replacement pipe is installed, inspected and accepted/approved. Once the new pipe is activated, the existing pipe shall be abandoned/deactivated as directed by County staff. The replacement pipe shall be activated prior to the issuance of a certificate of occupancy. 2. Capri Harbor agrees to install four (4) FDOT Type C drainage inlet structures, along with ±389 LF of 18-inch Dual-Wall ADS pipe connecting said structures, in the eastern portion of the Capri Blvd ROW as depicted in the Master Concept Plan. 3. Collier County will retain an exclusive utility easement, extending north 24.5 feet from the centerline of the to-be-vacated Kon Tiki Drive ROW (and including the existing hydrant), as depicted in more detail in the Master Concept Plan. a. Capri Harbor agrees to relocate and replace the existing 6-inch water main and install a root barrier within the to-be-vacated Kon Tiki Drive ROW, both as depicted in the Master Concept Plan. 4. Capri Harbor agrees to convey a non-exclusive drainage and utility easement to the County, extending south 15 feet from the centerline of the to-be-vacated Kon Tiki Drive ROW, as depicted in the Master Concept Plan. 5. Capri Harbor agrees to install the sanitary sewer infrastructure within the Capri Blvd ROW, as depicted in the Master Concept Plan including: 3 gravity sewer manholes, ±468 LF SDR 26 gravity sewer main, ±80 LF DR11 HDPE sanitary forcemain, a community sanitary pump station (on Capri Harbor’s property to the west of the ROW) per City of Marco Island Standards, and provide service connections to the proposed marina development and neighboring Tarpon Village community. Page 6231 of 6525 Page 6232 of 6525 Page 6233 of 6525 Page 6234 of 6525 Page 6235 of 6525 1 Prepared by and return to: Michelle L. Sweet, Assnt Mngr. Collier County - TMSD Operations & Performance Management – ROW 2685 S. Horseshoe Drive, Suite 103 Naples, Florida 34104 [space above for recording data] PROJECT: 90000 Developers PARCEL: 257DUE FOLIO: 52502680002, 52502560009 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT is granted this ____ day of _______, 2025, by CAPRI HARBOR U.S. LP, a Florida Limited Partnership, whose mailing address is 1333 Third Avenue S., Suite 101, Naples, Florida 34102 (hereinafter “Grantor”), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (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: A. On ___________, 2025, Grantee vacated that portion of the Kon Tiki Drive right of way described in Resolution No. _____________ (the “Vacated Right of Way”), which Vacated Right of Way immediately abuts the northern boundary of that certain real property owned by Grantor by virtue of a Deed recorded in OR Book 6255, Page 3144, Public Records of Collier County, Florida. B. By operation of Sections 177.085 and 336.12, Florida Statutes, and Florida common law, Grantee’s adoption of Resolution No. ___________ resulted in fee simple ownership of the southern half of the Vacated Right of Way reverting to Grantor. C. Grantee desires to obtain an easement over, under, upon and across a portion of the southern half of the Vacated Right of Way, now owned by Grantor, as well as other property owned by Grantor to the east. 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 and utility 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 utility purposes and includes the right to enter upon and use the Easement Area to a) construct, operate, maintain, repair, replace, and remove (i) ditches, swales, retaining systems, underground pipes, irrigation lines and other types of water control structures and facilities; and (ii) County utilities and, with the Grantee’s prior written consent, other public and/or private utility facilities including, without limitation, facilities for electricity, gas, communication cables; all at Grantee’s sole discretion; with County having no obligation or responsibility for maintenance of the Easement Area; 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 Grantee to the extent it interferes with Grantee’s rights hereunder, without liability to the owner of such property; all as deemed necessary or appropriate from time to time by Grantee. Maintenance of the Easement Area is the responsibility of the property owner, but Collier County will restore sod if it is necessary for the County to exercise its rights hereunder. No landscaping or other improvements will be installed in the Easement Area by Grantor. 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-title. Page 6236 of 6525 2 Grantor represents that Grantor’s property is not homestead property, nor is it contiguous thereto. IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above written. Witnesses: CAPRI HARBOR U.S. LP, a Florida limited partnership, Capri US GP, Inc., a Florida corporation, its general partner _____________________________ By: ________________________________ Signature (Witness 1) TERRY THIB, President _____________________________ Printed Name Post Office Address: _____________________________ _____________________________ _____________________________ Signature (Witness 2) ___________________________ Printed Name Post Office Address: _____________________________ _____________________________ STATE OF FLORIDA COUNTY OF ______________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization this _____ day of __________, 20____, by TERRY THIB, as President of Capri US GP, Inc., a Florida corporation, as general partner of CAPRI HARBOR U.S. LP, a Florida limited partnership, who: _____ is personally known to me; OR _____ produced a driver’s license, OR _________________________ as identification. _________________________________________ Signature of Notary Public _________________________________________ Printed Name Serial / Commission # (if any): ________________ (affix notarial seal above) My Commission Expires: ____________________ Approved as to form and legality: Assistant County Attorney Page 6237 of 6525  9$&$7(' .217,.,'5,9( 5,*+72):$<7$5321%$<,6/(62)&$35,%86,1(666(&7,21 3/$7%22.3$*( ,6/(62)&$35,%86,1(666(&7,21 3/$7%22.3$*( 32,172)%(*,11,1*352326(' :,'(121(;&/86,9('5$,1$*($1'87,/,7<($6(0(17352326(' :,'(121(;&/86,9('5$,1$*($1'87,/,7<($6(0(17 $3352;,0$7(/<648$5()((7 //1ƒ  : 6ƒ  ( /;;/,1(7$%/(/,1( %($5,1* ',67$1&(/6ƒ  :  /1ƒ  (  ),/(12 6+((72)125(9,6,21'(6&5,37,21'$7( %<  )$;  6HUYLQJ)ORULGD6LQFH&2168/7$176(1*,1((5,1*&2$67$/,1&3+21(  /$1'$1'0$5,1(6859(<$1'0$33,1*(19,5210(17$/$1'*(2/2*,&$/6(59,&(6&2$67$/$1'0$5,1((1*,1((5,1*7,7/(&/,(17%21,7$635,1*6)/25,'$%21,7$&5266,1*6%28/(9$5'(0DLOLQIR#FHFLIOFRPZZZFRDVWDOHQJLQHHULQJFRP6.(7&+2)'(6&5,37,21'$9,'621(1*,1((5,1*,1&)/25,'$%86,1(66$87+25,=$7,2112/%&2$67$/(1*,1((5,1*&2168/7$176,1&)/25,'$&(57,),&$7(12352)(66,21$/6859(<25$1'0$33(57+(25,*,1$/5$,6('6($/2)$)/25,'$1279$/,':,7+2877+(6,*1$785($1'/,&(16('6859(<25$1'0$33(5'$7(2)6,*1$785(5,&+$5'-(:,1*93&+(&.(')%$&$'123*'5$:1'$7(5()126&$/(6(&7:351*  1$1$(6($6(0(1700:5-(6.(7&+2)'(6&5,37,21127$6859(<6((6+((7)25/(*$/'(6&5,37,21(;+,%,7$2)$),)7((1  )227:,'(675,32)/$1'/<,1*:,7+,17+(9$&$7('.217,.,'5,9(5,*+72):$<$66+2:1217+(3/$72),6/(2)&$35,%86,1(666(&7,21$68%',9,6,21$&&25',1*727+(3/$77+(5(2)$65(&25'(',13/$7%22.3$*(2)7+(38%/,&5(&25'62)&2//,(5&2817<)/25,'$Digitally signed by Richard J Ewing DN: c=US, o=Unaffiliated, dnQualifier=A01410C00000192FCAAB486000CA976, cn=Richard J Ewing Date: 2025.06.23 10:32:24 -04'00'Rcvd ROW 7/18/25257DUEPage 6238 of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ƒ :$/21*6$,'6287+($67(5/</,1()25$',67$1&(2))((77+(1&(/($9,1*6$,'/,1(1ƒ :)25$',67$1&(2))((77+(1&(1ƒ ()25$',67$1&(2))((7726$,'&(17(5/,1(2)9$&$7('.217,.,'5,9(7+(1&($/21*6$,'&(17(5/,1(6ƒ ()25$',67$1&(2))((7727+(32,172)%(*,11,1*7+($%29('(6&5,%(6$1$5($2)$3352;,0$7(/<648$5()((725$&5(62)/$1'(;+,%,7$2)$),)7((1  )227:,'(675,32)/$1'/<,1*:,7+,17+(9$&$7('.217,.,'5,9(5,*+72):$<$66+2:1217+(3/$72),6/(2)&$35,%86,1(666(&7,21$68%',9,6,21$&&25',1*727+(3/$77+(5(2)$65(&25'(',13/$7%22.3$*(2)7+(38%/,&5(&25'62)&2//,(5&2817<)/25,'$257DUEPage 6239 of 6525 1 Prepared by and return to: Michelle L. Sweet, Assnt Mngr. Collier County - TMSD Operations & Performance Management – ROW 2685 S. Horseshoe Drive, Suite 103 Naples, Florida 34104 [space above for recording data] PROJECT: 90000 Developers PARCEL: 257DE FOLIOS: 52503040007 DRAINAGE EASEMENT THIS EASEMENT is granted this ____ day of _______, 2025, by CAPRI HARBOR U.S. LP, a Florida Limited Partnership, whose mailing address is 1333 Third Avenue S., Suite 101, Naples, Florida 34102 (hereinafter “Grantor”), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (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: A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 6255, Page 3144, Public Records of Collier County, Florida. B. 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”). In addition, Grantor reaffirms the existing easement along the south-westerly border of Lot 548 labeled “sewer easement” as set forth in Plat Book 3 at Page 52, Official Records of Collier County, Florida is intended for stormwater management purposes. 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 underground pipes, ditches, swales, and related structures and facilities, at County’s sole discretion with County having no obligation or responsibility for maintenance of the Easement Area; 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. Maintenance of the Easement Area is the responsibility of the property owner, but Collier County will restore sod if it is necessary for the County to exercise its rights hereunder. Grantee acknowledges and agrees that the Easement Area, or a portion of it, shall also serve as part of the required landscape buffer for Grantor’s property. However, no trees will be placed within five feet of this Drainage Easement. 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-title. Grantor represents that Grantor’s property is not homestead property, nor is it contiguous thereto. Page 6240 of 6525 2 IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above written. Witnesses: CAPRI HARBOR U.S. LP, a Florida limited partnership, Capri US GP, Inc., a Florida corporation, its general partner _____________________________ By: ________________________________ Signature (Witness 1) TERRY THIB, President _____________________________ Printed Name Post Office Address: _____________________________ _____________________________ _____________________________ Signature (Witness 2) ___________________________ Printed Name Post Office Address: _____________________________ _____________________________ STATE OF FLORIDA COUNTY OF ______________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization this _____ day of __________, 20____, by TERRY THIB, as President of Capri US GP, Inc., a Florida corporation, as general partner of CAPRI HARBOR U.S. LP, a Florida limited partnership, who: _____ is personally known to me; OR _____ produced a driver’s license, OR _________________________ as identification. _________________________________________ Signature of Notary Public _________________________________________ Printed Name Serial / Commission # (if any): ________________ (affix notarial seal above) My Commission Expires: ____________________ Approved as to form and legality: Assistant County Attorney Page 6241 of 6525 *5,)),6+,*+:$< 5,*+72):$<6122.%$<,6/(62)&$35,%86,1(666(&7,21 3/$7%22.3$*( 352326(' :,'('5$,1$*(($6(0(17 $3352;,0$7(/<648$5()((7  3/$77(' :,'(6(:(5($6(0(17),/(12 6+((72)125(9,6,21'(6&5,37,21'$7( %<  )$;  6HUYLQJ)ORULGD6LQFH&2168/7$176(1*,1((5,1*&2$67$/,1&3+21(  /$1'$1'0$5,1(6859(<$1'0$33,1*(19,5210(17$/$1'*(2/2*,&$/6(59,&(6&2$67$/$1'0$5,1((1*,1((5,1*7,7/(&/,(17%21,7$635,1*6)/25,'$%21,7$&5266,1*6%28/(9$5'(0DLOLQIR#FHFLIOFRPZZZFRDVWDOHQJLQHHULQJFRP6.(7&+2)'(6&5,37,21'$9,'621(1*,1((5,1*,1&)/25,'$%86,1(66$87+25,=$7,2112/%&2$67$/(1*,1((5,1*&2168/7$176,1&)/25,'$&(57,),&$7(12352)(66,21$/6859(<25$1'0$33(57+(25,*,1$/5$,6('6($/2)$)/25,'$1279$/,':,7+2877+(6,*1$785($1'/,&(16('6859(<25$1'0$33(5'$7(2)6,*1$785(5,&+$5'-(:,1*93&+(&.(')%$&$'123*'5$:1'$7(5()126&$/(6(&7:351*  1$1$(6'5$,1$*(($6(0(1700:5-(6.(7&+2)'(6&5,37,21127$6859(<(;+,%,7$2)$ :,'(675,32)/$1'/<,1*,1/272)7+(3/$72),6/(2)&$35,%86,1(666(&7,21$65(&25'(',13/$7%22.3$*(2)7+(38%/,&5(&25'62)&2//,(5&2817<)/25,'$352326(' :,'('5$,1$*(($6(0(17/(*$/'(6&5,37,21$)285  )227:,'(675,32)/$1'/<,1*,1/272)7+(3/$72),6/(2)&$35,%86,1(666(&7,21$65(&25'(',13/$7%22.3$*(2)7+(38%/,&5(&25'62)&2//,(5&2817<)/25,'$%(,1*'(6&5,%('$6)2//2:67+(($67(5/<)285  )((72)7+(:(67(5/<6(9(1  )((72)6$,'/276$,'675,32)/$1'/<,1*($67(5/<$1'&217,*8286727+(($67(5/</,1(2)$3/$77('7+5((  )227:,'(6(:(5($6(0(177+($%29('(6&5,%(6$3352;,0$7(/<648$5()((72)/$1'Digitally signed by Richard J Ewing DN: c=US, o=Unaffiliated, dnQualifier=A01410C00000192FCAAB486000CA976, cn=Richard J Ewing Date: 2025.05.22 08:49:26 -04'00'Rcvd ROW 7/18/25257DEPage 6242 of 6525 KON TIKI DRIVEGRIFFIS HIGHWAY GRIFFIS HIGHWAY4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET:REVISIONSDATEREV.DESCRIPTIONLEGEND ASSESSMENT MAP 1" = 20'SCALE:KON TIKI DRIVE RIGHT-OF-WAY VACATIONTARPON VILLAGE(CAPRI BLVD)(CAPRI BLVD)Page 6243 of 6525 Vacating (VAC) 1/24/2025 Page 1 of 3 Growth Management Community Development • Development Review 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ VACATING (VAC) □AVROW – Vacation of Road Right-of-Way: Road Name:□AVPLAT – Vacation of Plats or portions of plats of subdivided land: Name of Plat: Plat Book: Page(s): □AVESMT – Extinguishment of public dedicated easements recorded by separate instrument in the public records (other than on a subdivision plat), platted or unplatted land, except for public roads. Official Record Book: Page(s): Florida Statute 117.101, 125.37, 336.09, & 336.10, as amended; Ordinance 01-57, as amended; Resolution 2021-243, as amended, and LDC 10.02.04 G. GMCD Public Portal Land Development Code Administrative Code Name of Owner: Address: City: State: ZIP: Phone: E-Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Phone: E-Mail Address: Name of Applicant (if different than owner or agent): Note: 1.If applicant is a land trust, indicate the name of beneficiaries. 2.If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders. 3.If applicant is a partnership, limited partnership, or other business entity, indicate the name of the principals. 4.List all other owners. Address of subject property: Parcel #: Section/Township/Range: / / Subdivision: Unit: Lot: Block: Tract: Legal Description: Current Zoning: Current Land Use: Applicant Contact Information Project Information 52501480009,52501440007 Page 6244 of 6525 Collier County Vacating (VAC) 1/24/2025 Page 2 of 3 Growth Management Community Development • Development Review 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ The following Submittal Requirement checklist is to be utilized at time of application submittal. Incomplete submittals will not be accepted. Documents shall be submitted electronically. REQUIREMENTS FOR REVIEW: REQUIRED Application Form ☒ Cover Letter, including a statement explaining to the general public the benefit of the proposed vacation ☒ Addressing Checklist ☒ Affidavit of Authorization ☒ Proof of Ownership, including a copy of the fee simple deed ☒ Property Owner Disclosure form ☒ Proof of current paid state and county taxes for subject parcel. ☒ Site Plan, in 8 ½ in. X 11 in. format ☒ Sketch and Legal Description, signed & sealed, showing what is to be vacated, in 8 ½ in. X 11 in. format and labeled (in bold) “Exhibit A” ☒ Assessment map depicting area of proposed vacation ☒ List of abutting and other property owners within 250 feet of the proposed vacation including their address and parcel number ☒ Copy of Recorded Plat, if applicable ☐ Replacement easement documentations, if applicable ☐ If replacement easement is required by Collier County, provide a current attorney’s Title Opinion or ownership & encumbrance report by a title company ☐ Copy of the document that granted, conveyed, or dedicated the easement to the County or public (For AVESMT only) ☐ Copy of document which granted, conveyed or dedicated the Right -of-Way to the County or public (For AVROW only) ☐ Reason for Request (For AVROW only) ☐ Real Property Transfer Information Sheet ☐ Copy of recorded easement to any other State/Federal agency (SFWMD, FDEP, ACOE) and correspondence (for conservation easements only) ☐ Letters of No Objection, as applicable: Electric Company / Florida Power and Light Naples Service Center 1220 5th Ave North Naples, FL 34102 Phone: 239-262-1322 ☐ Century Link/Lumen ATTN: Kenneth Stinnett Email: Kenneth.stinnett@Lumen.com ATTN: Sherlene Clevenger Email: Sherlene.clevenger@Lumen.com 3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234 ☐ Collier County Sherriff’s Office / Legal Department ATTN: Michael Hedberg 3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660 ☐ Greater Naples Fire and Life Safety ATTN: Shawn Hanson, Deputy Chief 2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800 ☐ Submittal Requirement Checklist Page 6245 of 6525 Collier County Vacating (VAC) 1/24/2025 Page 3 of 3 Growth Management Community Development • Development Review 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ REQUIREMENTS FOR REVIEW: REQUIRED North Collier Fire Control and Rescue District ATTN: Fire Prevention Bureau and Support Services 6495 Taylor Road, Naples, FL 34109 Phone: 239-597-9227 ☐ Comcast / Xfinity ATTN: Xavier Medina Email: Xavier_Medina@comcast.com 12600 Westlinks Drive, Ste 4 Fort Myers, FL 33913 ☐ Road, Bridge and Stormwater Maintenance Division ATTN: Road Maintenance Email: RoadMaintenance@colliercountyfl.gov 4800 Davis Boulevard, Naples, FL 34104 Phone: 239-252-8924 ☐ Adjacent Property Owners ☒ Homeowners Association , if applicable ☐ REQUIREMENTS FOR RECORDING: If approved: Two copies of Exhibit A, signed and sealed, for Board Approval and Recording. ☒ ☐Application Fee: $2,000.00 $ ☐Estimated Legal Advertising Fee via Collier Legal Notices: $50.00 $ Fee is applicable per advertisement. If a different advertising agency is chosen, the applicant must handle fees directly with the agency and submit an Affidavit of Publication . Fee Subtotal $ Pre-application fee credit, if applicable $ Total Fees Required: $ _____________________________________________ _________________ Applicant/Agent Signature Date Fee Calculation Worksheet The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDClientServices@colliercountyfl.gov x x Page 6246 of 6525 PROPERTY OWNERSHIP DISCLOSURE FORM 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 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 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 Page 6247 of 6525 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 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 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 g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 6248 of 6525 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION 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. ____________ Date *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Page 6249 of 6525 Page 6250 of 6525 Page 6251 of 6525 Page 6252 of 6525 Page 6253 of 6525 Page 6254 of 6525 Page 6255 of 6525 Page 6256 of 6525 Page 6257 of 6525 Page 6258 of 6525 Page 6259 of 6525 Page 6260 of 6525 Page 6261 of 6525 Document Number FEI/EIN Number Date Filed State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Partnership CAPRI HARBOR U.S. LP Filing Information A23000000187 92-3865889 04/18/2023 FL ACTIVE Principal Address 1333 THIRD AVENUE S, SUITE 101 NAPLES, FL 34102 Mailing Address 1333 THIRD AVENUE S, SUITE 101 NAPLES, FL 34102 Registered Agent Name & Address MATTHEW P. FLORES LAW, PLLC 1333 THIRD AVENUE S, SUITE 101 NAPLES, FL 34102 General Partner Detail Name & Address CAPRI US GP, INC. 1333 THIRD AVENUE S, SUITE 101 NAPLES, FL 34102 Annual Reports Report Year Filed Date 2024 02/07/2024 Document Images 02/07/2024 -- ANNUAL REPORT View image in PDF format 04/18/2023 -- Domestic LP View image in PDF format D C Florida Department of State 8/27/24, 11:04 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CAPRIHA…1/2Page 6262 of 6525 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBER____________________________________________ I, _________________________________ (print name), as _______________________________ (title, if applicable) of __________________________________________ (company, if applicable), swear or affirm under oath, that I am the (choose one) ____ owner ____ applicant ____ contract purchaser and that: 1.I have full authority to secure the approval(s) requested and to impose covenants andrestrictions on the referenced property as a result of any action approved by the County inaccordance with this application and the Land Development Code;2.All answers to the questions in this application and any sketches, data or other supplementarymatter attached hereto and made a part of this application are honest and true;3.I have authorized the staff of Collier County to enter upon the property during normal workinghours for the purpose of investigating and evaluating the request made through this application;and that4.The property will be transferred, conveyed, sold or subdivided subject to the conditions andrestrictions imposed by the approved action.5.We/I authorize ___________________________________________ to act as our/myrepresentative in any matters regarding this petition including 1 through 2 above. *Notes: •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company’s “Managing Member.” •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the “general partner” of the named partnership. •If the applicant is a trust, then they must include the trustee’s name and the words “as trustee.” •In each instance, first determine the applicant’s status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. __________________________________________ _______________________ Signature Date STATE OF _______________ ______ COUNTY OF __ _____ THE FOREGOING AFFIDAVIT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF □PHYSICAL PRESENCE OR □ONLINE NOTARIZATION THIS _____ DAY OF ____________, 20 _________, BY Terry Thib, PD of Capri US GP, Inc. General Partner OF Capri Harbor US LP WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED __________________ AS IDENTIFICATION. Notary Public – State of _ ______________ (Notary Seal) _______________________________________ Printed Name 6/21/2024 FL COLLIER X 21ST June FLORIDA______ Tocia Hamlin-Rosa Page 6263 of 6525 Page 6264 of 6525 Page 6265 of 6525 Page 6266 of 6525 Page 6267 of 6525 Page 6268 of 6525 10/31/24 Brandon Copper, E.I. Porject Manager Davidson Engineering, Inc. SUBJECT: APPROVAL TO PROCEED WITH VACATION – P863737 Project Name & Location: Vacation Request – Vacation of existing Kon Tiki Drive, Naples, FL (as more defined within attached “Exhibit “A”) To Whom It May Concern: Qwest Corporation d/b/a CenturyLink (“CenturyLink”) has reviewed the request for the subject vacation and has determined that it has no objections with respect to the areas proposed for vacation as shown and/or described on Exhibit “A”, said Exhibit “A” attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities, or provide a dedicated easement in order to facilitate the existing facilities. If you have any questions or would like to discuss this action further, please contact Tom Hoopes at Tom.Hoopes@lumen.com. Sincerely yours, /s/ CenturyLink Right of Way Team Page 6269 of 6525 EXHIBIT A Tre e Tre e Tr e e Tre e Tre e Tre e Tr e e4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET:REVISIONSDATEREV.DESCRIPTION1" = 20'SCALE:ROW VACATIONCAPRI HARBOR MARINALEGENDNEW PRIVATE DRIVEGRIFFIS HIGHWAYGRIFFIS HIGHWAYPROPOSEDBUIDLINGKON TIKI DRIVELEGENDPage 6270 of 6525 August 24, 2023 Attn: Jessica Kluttz RE: Letter of No Objection Request for Right of Way Vacation- Kon Tiki Drive Dear Jessica, Thank you for contacting Comcast regarding your proposed vacation. This is to inform you that Comcast does have facilities in the proposed area and Comcast has no objection to the vacation providing that any of Comcast facilities that are in need of being relocated be paid for by the customer and Comcast is granted new easements. It is the intent and understanding of Comcast that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if Comcast facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any further question or concerns, please do not hesitate to contact me at If you have any further question or concerns, please do not hesitate to contact me at (941) 914- 7814. Sincerely, David Lescrynski Manager, Construction SWFL 12600 Westlinks Dr. Suite #4 Fort Myers, FL 33913 Cell (941) 914-7814 David_Lescrynski@Comcast.com Page 6271 of 6525 Page 6272 of 6525 Page 6273 of 6525 Page 6274 of 6525 4105 15th Avenue S.W. Naples, Florida 34116 16th, May 2025 Re: No Objection Letter ~Right-of-Way Vacation Request at Kon Tiki Dr. Naples, FL. Parcel numbers: 52502680002; 52502560009 Mr. Brandon Copper, Florida Power and Light Company has reviewed your request on the properties located at Parcel numbers: 52502680002 & 52502560009. Section 32, Township 51, Range 26. Collier County and has no objection to the Right-of-Way Vacation, provided that a new recorded easement is established first and that the Right-of-Way Vacation does not interfere with any existing overhead or underground FPL facilities. 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 II Florida Power & Light 4105 15th Ave SW, Naples FL, 34116 Email: Mohammad.Alhamd@fpl.com | Mobile: (239) 231-6983 Visit the FPL Project Portal by visiting the link below to manage your FPL Residential and Commercial construction projects. Get information on construction services and project types, apply for your construction project, track project milestones, ma nage your project team and more. Please contact me with any questions or concerns. If you cannot reach me, feel free to contact my Engineering Leader Dalton Rabon at (239) 353-6002 or Dalton.Rabon@fpl.com. . Page 6275 of 6525 Page 6276 of 6525 Page 6277 of 6525 Page 6278 of 6525 Page 6279 of 6525 SNOOK BAYCB18X16T/WALKWAY+6'-0" NAVDT/WALKWAY+6'-0" NAVDC.L. TROLLEY CAPRI BLVD CAPRI BLVDNEW PRIVATE DRIVECAPRI BLVDPROPOSEDMARINAEXHIBIT CSHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496REVISIONSDATE:REV.DESCRIPTIONLEGEND1" = 100'SCALE:NKON TIKI DRROW VACATIONPage 6280 of 6525 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 6281 of 6525 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 6282 of 6525 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 6283 of 6525 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 6284 of 6525 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 6285 of 6525 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 6286 of 6525 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 6287 of 6525 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 6288 of 6525 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 6289 of 6525 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 6290 of 6525 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 6291 of 6525 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 6292 of 6525 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 6293 of 6525 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 6294 of 6525 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 6295 of 6525 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 November 10, 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 A PORTION OF KON TIKI DRIVE RIGHT-OF-WAY EAST OF CAPRI BOULEVARD FORMERLY GRIFFIS HIGHWAY AS DESCRIBED HEREIN, BEING A PART OF ISLES OF CAPRI BUSINESS SECTION, PLAT BOOK 3, PAGE 52, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20250004879) 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 https://www.collier.gov/Calendar-Events-directory 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 Geoffrey Willig at 252-8369 or email to Geoffrey. Willig@collier.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 October 21 through November 10, 2025 Page 6296 of 6525