Resolution 1998-465
16Al
RESOLUTION 98-14 (,5
REVISIOS OF POLICY AND PROCEDURES FOR VACATION
ASD Al'NULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND. ROAD RIGHT-OF.WAY, ALLEYWAYS,
AND PUBLIC DEDICATION EASEMENTS CONVEYED TO
THE COUNTY OR PUBLIC BY GRANT OF EASEMENT OR
SIMILAR INSTRUMENT RECORDED IN THE PUBLIC
RECORDS.
WHEREAS. the Board of County Commissioners of Collier County. Florida, under the authority of
Sections I 25.oJ. 125.37, 177.101. 336.09 and 336.10. Florida Statute<. and Collier County Ordinance No. 97.
17 and the Collier Counly Land Developmenl code is charged wilh the aUlhority to grant or deny vacations and
annulmenu of piau of subdivided land. road right-of-way, alleyways and public dedicated easements conveyed
by sepan.te instrument recorded in the public records: and
WHEREAS. lhe Board of Counly Commissioners on January 23. 1996 adopted Resolution No. 96-25
establishing policics and procedures for the above;
NOW. THEREFORE BE IT RESOLVED.lhat the guideline< as sel fOrlh in Attachment "A",
Altachment "B". and Altachmenl "C', incorporated with and made pari of this Resolulion be adopled.. Policy
and Procedure< for the vacation of subdivided lands. road right-of-way. alleyways. and public dedicated
cascments com"eyed by separate instrument recorded in the public records; and
BE IT ALSO RESOL VED. Ihat Ihis Resolulion supersedes and rescinds Resolulion No. 96-25; and
BE IT FliRTHER RESOLVED. thaI the Clerk be direcled 10 record this Resolution in lhe Public
Records of Collier ('ounty. Florida.
DATED: . \ \-I'''V\~
ATTEST:
D GHl E.BROCK..CLERK
, .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
BY:~~~ ~
SA ~B.BE ~
Attlrt as to ~,l"'l""'~
sfrr:.~':p- ., ..
APPROVED AS TO FORM A:--.'D
LEGAL SUFFICIENCY:
,I '. ,',
r \~) It: rtS: " ___
HEIDI ASHTON
ASSISTA"IT COUSTY ATTORNEY
2400326 OR: 2484 PG: 1996
llCCDI: I. OmellL Decal .1 :limn COIlTl, II
1IIIl/lllt l/:llII ol1m I. llOCl, CUD
DC III 11.01
CCllll Il.OO
It~:
mil TO m !.lW
iI!U~!!l~! us l:.on
!1~ 7HO
POLK~Y A PROCLUt.'kJ'.s PLATS R!:-o;oU1T10N1rnJ
-1-
16Al . I
OR: 2484 PG: 1997
Attachment "A"
POLICY AND PROCEDURE
ON THE CLOSING AND V ACA nON
Of ROAD RIGHT-Of-WAY
A. AlJTHORITY:
Sections 336.09 and 336.10, Florida Statutes.
B. POLICY:
When a request is in the interest of the general public welfare and does not invade or
violate individual property rights and otherwise qualifies under Section 336.09, Florida
Statutes. the Board of County Commissioners (Bee) may:
I. Vacate. abandon. discontmue 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
constitutmg, 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. PROCEDl;RE:
I. A petItIOn for the vacatIon of road rii!ht-of-way is to be submitted to Planning Services on the form
attached. The petition muq he accompanied by a filing fet.: of one thousand dollars (51.000).
")
The petit loner must aiso pro\"1de:
a/ EVidence to show that the petitIOner owns the fce Simple tItle to the whole or that part of the parcel
sought to be vacated (FEE SIMPLE DEED). IfpetltlOner is not the owner of the fee simple title,
petitioner shall provlde a statement demonstratmg the reason for the request including any property
or financial intercst or proJccts affected by a granting of such request.
b) A statement explaining the general public benefit recelH~d from the proposed vacation.
C) A c\'py of the document which granted. con\e~cJ or dedicated the TIght-of. way to the County or the
public.
Anachmatl"A"
Page I of4
d) Certificate(s) showing all State and COWlty taxes have been paid for the subject parcel. Required if
petitioner is the owner, or petitioner is 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-I, at the Government Center).
e) Assessment Map depicting area of proposed vacation. (Available from the Collier County Property
Appraiser's Office. Building C-2. at the Government Center).
f) List of abutting and other property owners within 250 feet of the proposed vacation to include:
(I) Name
(2) Address
(3) Zip Code
(4) Parcel Number
g) Site Plan - the site plan must be on 8 Yz" X II" paper and show all data pertinent to the proposed
vacation, which shall include at least the following:
( 1 ) Date of drawmg
(2) Scale
(3) Northarrow
(4) Locations and dimensions of property hnes, abutting rights-of-way, easements, setbacks, off-
street parking. proposed and/or existing structures, and any proposed landscaping.
(5) Location of proposed vacation and, if applicable, proposed dedication.
h) Legal description of what is to be vacated submitted on 8 Y:z" X II" paper as Exhibit "A". This legal
description is to be 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.
i l When applicable. a copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department on the 4'" Floor of Building F at the Government Center).
j) "Letters of No ObJection" from all pertinent utility companies or authorized users of the easement
and'Or dedicated public area. Such letters may include but shall not be limited to the following:
(I) Collier County Utilities
(2) Collier County Engineering Review Services
(3) Collier County TransportatIon Department
(4) Collicr County Water ~tanagcrnent
(5) Electric Company
(6) Telephone Company
(7) Cable Television Company
(8) Collier County Sheriffs Office
(9) Homeowner's A~sociation
(10) Rescue and Fire Control DIstrict
( I I) Adjacent property owncrs
The letter sent to the utility companies and authorizcd users requesting a "Lctter 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.
Attachment" A"
Page 2 of 4
<:)
~
~
~
00
~
""1::J
c;:a
..-
\,Q
'-0
00
k) If a replaeement easement is rcquired by Collier County, the following shall be submitted:
( I ) Legal description and sketch of what is to be dedicated, signed and sealed by a Florida
Professional Surveyor and Mapper and have a "Prepared by" block listing the namt: and
address of the ProfeSSional Surveyor and Mapper.
(2) Attorney's title opinion or Ownership & Encumbrance Report by a title company (current).
(3) Executed conveyance document.
(4) Executed subordination documents.
3. Planning Services will review the petition for completeness and compliance with this Resolution.
Planning Services 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 legal sufficiency 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 Section
336.09. Florida Statutes.
4. Once the time and date of the public hearing are established. the Clerk to the Board shall publish legal
notice of the hearing one lime in a newspaper of general circulation at least two weeks prior to the date
stated therein for such hearmg.
5. The petitioner and all property O....l1ers wjthin 250 feet (and others as may be required by Planning
Ser\'ICCS) of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time,
place and date of publiC heanng. 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 himself at the public
hearing( s). he must proVide a Signed letter or other appropriate documentation which authorizes another
specific person to represent hIm.
o
::c
7. The Board of County CommIssioners shall then hold a public hearing and any approved resolution by
such governing body Sh;ll: hove 'he effect ofvacatmg all strcets and alleys which have not become
hIghways nccessary for u~c by the traveling public.
~
~
ex>
~
""C
Cl
8. 7'ioticl' of the adoption of such a resolution by the ('ommlSSloners shall be published by the Clerk to the
Board one time. within 3() clays followmg its adoptIon. In one issue of a newspaper of general circulation
p~blished in the County. The pr()()f of puhlJl:atlon of notice of public hearing, a certified copy of the
rc~olutlOn. and the proof of publlcatJ(lO of the notIce of the adoption of such resolution shall be recorded
hy the Clerk to the Board Illlhe Pubhc Records of the County.
~
'-0
'-C)
'-0
9. The processing ofthb petItion shall comcJ(k, where applicable. With the processing of such other
platting or land use changc applications proposed for the same property wjth regard to submissions of
applications. staff revlcws. reVIews by adVIsory Ix){hcs. or the Board of County Commissioners, so that
the deCision on such vacatIon shall occur at the same meeting at which time thp. reuse application is
reviewed by the Board of County Comml~~loners.'
Attachment "A"
Page 3 of 4
Ci)
Attachment "A"
PETITION FORM FOR
VACATION Of ROAD RIGHT-OF-WAY
Date Received:
Petition #:
Petitioner:
Address:
City/State:
Telephone:
Zip Code:
Agent:
Address:
CitylState:
Telephone:
Zip Code:
Road ~ame:
Location: Section
T owmhip
Range
Plat Book
Page(s)
Legal Description:
Current Zoning:
Reason for Request:
Does tbis affect density?
I bereb~' authorize Agent abo,,'c to represent me for tbis petition: 0 Yes 0 No
c:>
~
Signature of Petitioncr Date
~
~
co
~
'"
c;-,
Print ~ame
(Title)
~
c::::>
<:::>
c::::>
Please see "Policy and Procedure on the Closing and Vacation of Road Righl-f)f-Way" for the list of
supportive materials which must accompan~' this petition, and deliver or mail to:
Community De,,'elopment & En,,'ironmental Sen'ices Division
Planning Services Department
2800 ~orth Horseshoe Dr.
.~aples, Florida 34104
(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 Dame of officers and
major stockh(,lders.
(3) If applicant is a partnership. limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attadunrnt "A"
Page 4 of 4
1 6 A 1 .~ ;
OR: 2484 PG: 2001
Attachment "B"
POLICY AND PROCEDURE
fOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDMDED LAND
A. AtJTHORITY:
Section 177. 101 Florida Statutes, and Collier County Ordinance No. 97-17 and the
Collier County Land Development Code.
B. POLICY:
Requests may be granted as long as the public benefit is established or no public
detrim::nt is determined and whenever as stated in Section 177.101, Florida Statutes:
I. The governmg bodics of the countIes of the state may adopt resolutions vacating plats in whole or in part
of subdi\"Jsions m said countles. returning the property covered by such plats either in whole or in part
Into acreage.
C. PROCEDl'RE:
I. A petition for the vacation and annulment of plats or portions of plats of subdivided land is to be
submitted to Planning Services on the form attached. The petition must be accompanied by a filing fee
of one thousand dollars ($ 1.(00).
2. The petitioner must also provide:
a) Evidence to show that t.1e petitioner O\\I11S the fee simple title to the whole or that part of the parcel
sought to be vacated (FEE SIMPLE DEED).
b) Ccrtlficate shOWing all State and County taxes have been paid for the subject parcel. (Available
from the Colllcr County Tax Collector's Office, BUIlding C- I, in the Government Center).
c / Asscssment Map. (A vai lable from the Cof! icr County Property Appraiser's Office, Building C-2, in
the Government Center).
d) Li~l of abuttmg and other property owners wlthm 25fJ fcet of the proposed vacation to include:
( I ) Name
(2) Address
(3) Zip Code
(4) Parcel Number
Attachment "B"
Page I of 4
c) Sitc Plan - thc sitc plan must be on 8 Y2" X 11" paper with an adequate scale showing all data
pertinent to the proposed vacation, which shall include at least the following:
( I ) Date of drawing
(2) Scalc
(3) North arrow
(4) Locations and dimensions of property hnes. abutting rights-of-way, easements, setbacks, off-
street parking, proposed and/or existing structures, and any proposed landscaping.
(5) Location of proposed vacation and, if applicable, proposed dedication.
f) Legal description of what IS to be vacated submitted on 8 Yl" X I I" paper as Exhibit "A" to the
petition. This legal description is to be accompanied by a sketch of the legal description. Both the
legal description and sketch are to be signed and sealcd by a Florida Profcssional Surveyor and
Mapper and have a "Prcpared hy" block listing the namc and addrcss of the Florida Professional
Surveyor and Mapper.
g) A copy of the recordcd subdiVIsion plat. (A valJable from the Clcrk of Court Recording Department
on the 4'" Floor of BUllcmg F at the Government Center).
h) "Letters of No ObJectIon" from all pertinent utility compamcs or authorized users of the easement
and/or dedicated public arca. Such letters may mclude but shall not be limited to the following:
(I) Collier County (J!Jlitie5
(2) Collier County Engineering Review Services
(3) Colljer County Transportation Department
(4) Collier County Water Management
(5) Electric Company
(6) Telephone Company
(7) Cable TeleVIsion Company
(8) Collier County Sheriffs Office
(9) Homeowner's Association
(10) Rescue and Fire Control Distnct
( II) Adjacent property owners
The Ictter sent to the utlllty compames and authorized users requesting a "Letter of No Objection" shall
contain the statcmcnt "I havc no objection to the proposed vacation" at the bottom of the letter with a
signature block dIrectly below It.
J) If a replacement casem~nt IS reqUIred by Colller eounty, the following shall be submitted:
(I) Legal descriptIOn and sketch of what is to he dedIcated signed and sealcd 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) Attorney's title opinion or Ownership & encumbrance Rl..'port by a title company (current).
(3) Executed conveyance document.
(4) Executcd subordination documents.
3. Planning ServIces WIll rcview the petition for completencss and complianee with this Resolution.
Planning SCf\'ICCS will prepare an appropriate CXC~utIVC summary and reMJlution and transmit both
documents to the County Attorney.s Officc for approval. After approval, the petition will be filed with
the Clerk to the Board with a rcquest for a time and date for an agenda item.
Auachment "B"
Page 2 of 4
. j
o
::ll:f
r-.>
~
ex>
~
o-g
Q
r-.>
c::>
c::>
~
4. Once the time and date of the agenda item are established, the aerie 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 .
5. The petitioner and all property owners within 250 feet (and others as may be required by Planning
Services) of the requested vacation parcel shall be given notice by the aerk 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 (S.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 himself at the BCC meeting,
he must provide a signed letter or other appropriate documentation which authorizes another specific
person to represent him.
7. The County Commission may adopt a resolution vacating plats in whole or in part of subdivisions in the
County. returnmg 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 petltlon shall cOincide, where applicable, with the processing of such other
plattmg or land use change appltcations proposed for the same property with regard to submissions of
appltcations, staff revle'.',s. 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.
Attachment "U"
Page 3 of 4
o
~
I'->
~
co
.I:a
""'='
c:>>
~
c::;;)
c:::>
c.,..,
(i)
A.fadiment "B"
PETITION fORM FOR VACATION OF PLATS OR PORTIONS
Of PLATS Of SUBDIVIDED LAND
Date Received:
Petition #:
Petitioner:
Address:
OtylSt2te:
Telephone:
Zip Code:
Agent:
Address:
Oty/State:
Telephone:
Zip Code:
Address of Subject Property:
Location: Section
Township
Block
Range
Unit
Subdivision:
Plat Book_ Page(s)
Legal Description: Lot
Re2S0D for Request:
Cumnt Zoning:
Does this IIffed density?
I bereby autborize Agent above to represent me for this petition: 0 Yes 0 No
o
~
Signature of Petitioner
Date
,.....,
oAo
00
oAo
~
Q
Print ~ame
(Title)
Please see "PoliC)' and Procedure for the Vacation and Annulment of Plats or Portions of Plats of
Sabdh;ded Land" for the list of supportive materials which must accompany this petition, and deliver or
mail to:
r~
c::>
c::>
~
Community Development & Environmental Services Division
Plannin2 Services Department
2800 North Horseshoe Dr.
!'J aples, Florida 34104
(I) 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 officers and
major stoekholders,
(3) If applicant is a partntrship, limited partnenhlp or other business entity, indicate the name of
principals.
(4) List all other owners.
Attachment "B"
Page 4 of 4
16Al
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
UNPLAITED LAND, EXCEPT FOR PUBLIC ROADS.
A. AUIlIORITI':
Sections 125.oJ and 125.37, Florida Statutes.
B. POLICY:
Requests wllll>e 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 CoIlier 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. Quitclalln. renounce, and disclaIm any right of the County and the public in and to any land. or interest
theretO. 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.
C. PROCEDLRE:
I. A petition for the extmgUlshment of County dedIcated easement on unplatted land or platted land is to be
submitted to Planning Services on the form attached. The petition must be accompanied by a filing fee
of one thousand dollars (S] .000).
2. The petItioner must also proVIde:
a) Evidence to show that the petItIoner owns Ihe fee simple title to the whole or that part of the parcel
on whIch a publIC dedIcated easc:ment IS sough! to be extinguished (FEE SIMPLE DEED).
hi A copy of the document whIch granted. conv-.:yed or dedicatcd the easement interest to the County or
the: !,uhllc
Attachment "C'
Page 1 of 4
o
:::a
1'0.>
~
00
~
~
Q
1'0.>
~
~
c...n
16A 1
c) Certificate(s) showing all State and County taxes have been paid for the subject parcel. <Available
from the Collier Count)' Tax Collector's Office, Building C.l, in the Government Center).
d) Assessment Map. (Available from the Collier County Property Appraiser's Office. Building C.2. in
the Government Center).
e) Site Plan - the site plan must he on 8 '//' X I I" paper with an adequate scale showing all data
pertinent to the proposed extinguishment, which shall include at least the following:
(1) Date of drawmg
(2) Scale
(3) North arrow
(4) Locations and dImenSIons of property lines, abutting rights-of-way, easements. setbacks, off.
street parking. prop<,scd and/or existing structures, and any proposed landscaping.
(5) Location of proposed extinguishment and, if applicable. proposed dedication.
t) Legal description of what IS to be extinguished submitted on 8 Y2" X 11" paper as Exhibit "A". This
legal description IS to be 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.
g) "Letters of No ObJcctlon" from all p<.-r1ment utIlity companies or authorized users of the easement
and/or dedicated public area. Such letters may include but shall not be limited to the following:
(J) Collier County UtIlities
(2) Collier County EnglOel'flOg Review Sen'lccs
(3) Collier County Transportation Department
(4) Collier County Water Management
(5) Electric Company
(6) Telephone Company
(7) Cable Television Company
(8) Collier County Sheriffs Office
(9) Homeowner's Association
The letter sent to the uttilty companIes and authorized users rcquesting a "Letter of No Objection" shall
contain the statcment "J havc no ohJection to thc proposed vacation" at the bottom of the letter with a
sIgnature block directly hclow It.
h) To thc extcnt appl1cabk '.,here thc petitIoner dcslrcs to exchange his/her interest with that interest
dedicated to thc County. the reqlllrements and procedures of ~ 125.37, Florida Statutes. and the
Collier County Utilities Standards and Procedures Ordinance No. 97- I 7 shall be utilized as
practicable and kgaily reqUired. The following shall be submitted:
( J ) Legal descrrptlon and sketch of what IS to be dedIcated signed and sealed by a Florida
ProfeSSIonal Surveyor and Mappcr and have a "Prepared by" block listing the name and
adores.. of the FlOrida Profc,sJOr.al Surwyor and Mapper.
(21 Attorney's TItle Oprnion or OwnershIp & Encumbrance Report (current).
(3) ExeclIted conveyance document
(4l Executed subordrna!ICm documents.
Attxhment "C"
Page 2 of 4
C>
~
I'.,)
~
CO
~
~
C')
I'.,)
c::>
c::>
0'\
3. Planning Services will review the petition for completeness and compliance with this Resolution.
Planning Services will prepare an appropriate executive summary and quit-claim deed and send both
documents to the County Attorney's Office for approval. After approval, the petition will be filed wjth
the C1erk to the Board with a request for a time and date for an agenda item.
4. In the event that the owner of the properly in question does not represent himself at the Bee meeting, he
must provide a signed letter or appropriate documentation which authorizes another specific person to
represent him.
S. 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 rc.use application
is reviewed by the Board of Ct::'lmty Commissioners.
",:
:......
;, :;~~
'.-'\,
'{if~
" .' "~'
, ..~,
i'>;:~'
;;":':';
';)",.
g<~'
.'., .,,",,:.'
. tcil
~Lj.1
~".)'
~.
~<.c;r
N'f~
g;;}
~.;.
Attachment "C
Page 3 of 4