Resolution 2013-166RESOLUTION 2013- 16 6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING RESOLUTION 2006 -160 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.
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. 2001 -57, 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
WHEREAS, the Board, on July 25, 2006 adopted Resolution 2006 -160 which superseded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 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.
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 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.
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, are amended and
set forth in Attachment "C ", incorporated herein and made a part of the 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 .1041 day of etn Y , 2013.
ATTEST: " ;'p ea"
DWICI -VV. BRI, Clerk
By:
Attest as a alrma., s uty Clerk
signature onl y
Approved as to form and
legality:
Emily R. P in
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
f
By:
brgia A. Hiller, Esq., Chairwoman
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 Section 336.09, Florida Statutes, the Board of County Commissioners (BCC) may:
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:
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 / Planning and Regulation Engineering Services Section. It must be
accompanied by a non - refundable application fee (refer to Gemmunity Development an'
G_ rowth Management / 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 (FEE SIMPLE DEED). If petitioner is 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.
Attachment "A"
June 2013
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 '' /z" X i l" 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, 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 '`/2" X i l" paper labeled in bold capital
letters as EXHIBIT lit "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) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department on the 4'' 2ND Floor of the
Collier County Courthouse).
j) "Letters of No Objection" from all pertinent utility companies or authorized users of the
easement and/or dedicated public area as determined by
Growth Management / Planning and Regulation Administrator or his
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
Attachment "A"
June 2013
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 Gemmunity Develepment Engineering Services will
distribute the package to the following areas for their approval or objection.
(1) Collier County Utilities /PUED
(2) Collier County Engineering Services — Subdivision Review
(3) Collier County Engineering Services — Stormwater Review
(4) Collier County Transportation Department
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections from the
listed above then the application is deemed denied.
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) 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 name 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• Community Development and ERV40fiffle1494 En ineering Services will review the petition
application for completeness and compliance with this Resolution.
€flViFeHmenWEn ing_ eering 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 legali!y—,ufflaieffey 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 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
Engineering Services 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 himself at the public
hearing(s), he must provide a signed letter or other appropriate documentation which authorizes
another specific person to represent him.
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 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"
June 2013
111 //�
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 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 and the request does not invade or violate individual property rights and ether-wise qualifies
Statutes, the Board of County Commissioners may adopt resolutions
vacating plats in whole or in part of subdivisions in said counties, 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 Community Development and EfiViFenflientalEngineerin g Services,. accompanied by a non-
refundable application fee (refer to Community Development and EnviFORMental Se Growth
Management / 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 (FEE SIMPLE DEED).
b) A statement explaining the general public benefit received from the proposed vacation.
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, Building -E-
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
Attachment "B"
June 2013
0 Site Plan - the site plan must be on 8 %z" 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, proposed and /or existing structures, and any proposed landscaping.
(5) Location of proposed vacation and, if applicable, proposed dedication.
g) Legal description of what is to be vacated submitted on 8 %" X 11" paper labeled in bold capital
letters as EXHIBITS "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 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 on the 4t' 2nd Floor of the Collier
County Courthouse).
e) "Letters of No Objection" from all
easement and /or dedicated public area.
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
pertinent utility companies or authorized users of the
Such letters may include but shall not be limited to the
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 Community Development Engineering Services will
distribute the package to the following areas for their approval or objection.
(1) Collier County Utilities /PUED
(2) Collier County Engineering Services — Subdivision Review
(3) Collier County Engineering Services — Stormwater Review
(4) Collier County Transportation Department
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections from the listed
above then the application is "null and void"
f) If a replacement easement is required by Collier County, the reviewing_ parties are under no
oblieation 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) 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 name 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• Geffifflunity Develepment and EfiViFefifflefltal Engineering Services will review the petition for
completeness and compliance with this Resolution. Geffifflunity Development and
EflViFefiffleflta'Engineering 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- auffieiettey 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 shall be plae
an the BGG agenda to establish a time and date fer. a publie heffifig by Resolution PUFSHaRt te Seet-i(m
396.09, FleFida .
4. Once the time and date of the agenda item are 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 Section 177.101 Fla. Stat.
5. The petitioner and all property owners within 250 feet (and others as may be required by Gemmunity
Development and Eiivii;enmental Engineering Services 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 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, 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
Attachment "B"
June 2013
withdrawn and cancelled. Further review of the project will require a new application subject to the then
current code.
Attachment "B"
June 2013
Z;
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.
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 max
desire to acquire for county purposes as authorized by Section 125 37 Florida Statutes
C. PROCEDURE:
1. To petition for the extinguishment of County dedicated easement on unplatted land or platted land a
application is to be completed along with the listed items needed for review be submitted to
Engineering Services and it must be accompanied by a
non refundable application fee (refer to
Growth Management / 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 (FEE SIMPLE
DEED).
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 %" 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, proposed and /or existing structures, and any proposed landscaping.
(5) Location of proposed extinguishment and, if applicable, proposed dedication.
f) Legal description of what is to be extinguished submitted on 8 ''/2" X 11" paper labeled in bold
capital letters as EXHIBITltibit "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 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:
(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 will
distribute the package to the following areas for their approval or objection.
(1) Collier County Utilities /PUED
(2) Collier County Engineering Services — Subdivision Review
(3) Collier County Engineering Services — Stormwater Review
(4) Collier County Transportation Department
Attachment "C"
June 2013
If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections from the
listed above then the application is "null and void"
h) To the extent applicable, where the petitioner desires to exchange his /her interest with that
interest dedicated to the County, the requirements and procedures of §125.37, Florida Statutes,
and the Collier County Utilities Standards and Procedures Ordinance No. 97 -17 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 necessa 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 The following shall be submitted:
(1) 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 name and
address of the Florida Professional Surveyor and Mapper.
(2) Attorney's Title Opinion or Ownership & Encumbrance Report (current).
(3) Executed conveyance document.
(4) Executed subordination documents.
3• En ineering Services will review the petition for
completeness and compliance with this Resolution. GOffiffluflitY Development -and E—i-e-menta!
En ineering_Services 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 legal -su f+eie%y by the County Attorney, the petition will be fled
with the Clerk to the Board with a request for a time and date for a public hearing. The Petition may
. Where an exchange of property interest is applicable
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
In the event that the owner of the property in question does not represent himself at the BCC
meeting, he must provide a signed letter or appropriate documentation which authorizes another
specific person to represent him.
5. 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.
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"
June 2013