Agenda 01/08/2019 Item #16A2201/08/2019
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to schedule a public hearing to consider vacating the
County and the public interest in the parcel of land used as a public right-of-way, as recorded in
Official Record Book 120, Page 187 of the public records of Collier County, Florida. The parcel is
located directly south of the Smallwood Drive right-of-way in Chokoloskee, Florida in Section 31,
Township 53 South, Range 30 East, Collier County, Florida. (VAC-PL20180002479)
_____________________________________________________________________________________
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2013-166,
the Board of County Commissioners must authorize a public hearing to consider the vacation of the
County and public interest in any public road right-of-way.
CONSIDERATIONS: The Development Review Division has received a request from Jim D. Shumake
of Jim D. Shumake, Attorney at Law, as agent for the applicants, Gary, Duane, and Randy McMillin. This
request is to vacate the County and the public interest in the parcel of land used as road right -of-way as
recorded in Official Record Book 120, page 187 of the public records of Collier County, Florida, located
in Section 31, Township 53 South, Range 30 East, Collier County, Florida.
The applicants are proposing to vacate the County and the public interest in the parcel of land used as
road right-of-way that is approximately 110 feet in length, which is located directly south of the end of
Smallwood Drive, in Chokoloskee, Florida. The north portion of the parcel intersects with the beginning
of Stokes Lane. The subject parcel was conveyed to the County by Quit-Claim Deed dated September
15, 1962, and recorded in Official Record Book 120, Page 187 of the Official Public Records of Collier
County, Florida.
Although the Quit-Claim Deed did not describe a specific purpose for the parcel, it appears that the
intent of the conveyance was to provide a public access point for private properties near the terminus of
the Smallwood Drive right-of-way. The parcel to be vacated provides access from the end of Smallwood
Drive to several private properties, including the applicant’s property (located on the east side of the
parcel). There is no evidence that the County accepted the conveyance of this parcel; however, the
applicant has requested the vacation of the parcel in order to help facilitate the sale of their property.
According to the applicant, because the subject parcel was not explicitly conveyed to the County as a
public right-of-way, their title company will not recognize the parcel as providing public access, and
therefore they need to vacate it in order to prove that they have access to their property from the end of
Smallwood Drive. Following the vacation, it appears the properties abutting the vacated area will each
have an ownership interest in the vacated parcel (the apportionment of which will be a private matter
between the property owners). To that end, the applicant will enter into a shared access eas ement
agreement with the other two parcels that abut the area to be vacated, to ensure that all three properties
will have access from their respective property to Smallwood Drive. Moreover, those three property
owners will enter into an access easement agreement with two properties located on the south side of
Stokes Lane, to ensure that those two property owners are able to use the northern portion of the vacated
area to get from the end of Smallwood Drive to the beginning of Stokes Lane.
The subject parcel is unimproved and not maintained by the County. Moreover, the County has no desire
to use the parcel for any purpose. As such, the vacation will not result in a public detriment.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida
Statutes and Resolution No. 2013-166, and the adjoining property owners will be given notice as well.
Letters of no objection were received from LCEC, Comcast, CenturyLink, Sheriff’s Department, the
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Greater Naples Fire Rescue District and surrounding property owners, including all those whose access
would be affected by this vacation.
The Development Review Division has reviewed this petition and found no reason for objection.
FISCAL IMPACT: The application fee of $2,000.00 covers staff reviews and processing. The
applicant is also responsible for advertising fees.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated
with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To adopt a Resolution to schedule a public hearing to consider vacating the
County and the public interest in the parcel of land used as a public right -of-way, as recorded in Official
Record Book 120, page 187 of the public records of Collier County, Florida, located in Section 31,
Township 53 South, Range 30 East, Collier County, Florida. (Petition VAC-PL20180002479).
Prepared by: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division
ATTACHMENT(S)
1. Application (PDF)
2. Resolution - 112918 (PDF)
3. OR120pg187 (PDF)
4. LONO-Property Owners(1) (PDF)
5. LONO-Property Owners(2) (PDF)
6. LONO's Utility providers (PDF)
7. Boundary Survey-07.10.18 (PDF)
8. Ownership Disclosure Form (PDF)
9. Access Easement Agreement (PDF)
10. Shared Access Easement Agreement (PDF)
11. Smallwood Dr Vacation Aerial Overlay Exhibit 7361 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Doc ID: 7361
Item Summary: Recommendation to adopt a Resolution to schedule a public hearing to consider
vacating the County and the public interest in the parcel of land used as a public right -of-way, as recorded
in Official Record Book 120, Page 187 of the public records of Collier County, Florida. The parcel is
located directly south of the Smallwood Drive right-of-way in Chokoloskee, Florida in Section 31,
Township 53 South, Range 30 East, Collier County, Florida. (VAC-PL20180002479)
Meeting Date: 01/08/2019
Prepared by:
Title: County Surveyor – Growth Management Development Review
Name: Marcus Berman
12/07/2018 3:51 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/07/2018 3:51 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 12/10/2018 7:15 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 12/10/2018 12:12 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/10/2018 3:44 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/10/2018 4:42 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/11/2018 1:48 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/11/2018 2:45 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/11/2018 9:51 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:20 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/18/2018 8:58 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2018 10:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:19 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/18/2018 1:10 PM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 1:16 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
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Packet Pg. 931 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 932 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 933 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 934 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 935 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 936 Attachment: Application (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
RESOLUTION NO. 2019 -__
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA TO DECLARE A PUBLIC HEARING TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND PUBLIC
INTEREST IN THE PARCEL OF LAND USED AS A PUBLIC RIGHT-OF-
WAY, AS RECORDED IN OFFICIAL RECORD BOOK 120, PAGE 187 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE
PARCEL IS LOCATED DIRECTLY SOUTH OF THE SMALL WOOD
DRIVE RIGHT-OF-WAY IN CHOKOLOSKEE, FLORIDA IN SECTION
31, TOWNSHIP 53 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA. (PETITION VAC-PL20180002479)
WHEREAS, Petitioner, Jim D. Shumake, of Jim D. Shumake, Attorney at Law, has
requested that a public hearing be held pursuant to Resolution No . 2013-166, to consider
disclaiming, renouncing and vacating the County and public interest in the parcel of land used as
a public right-of-way , as recorded in Official record Book 120, Page 187 of the public records of
Collier County, Florida, located in Section 31, Township 53 South , Range 30 East, Collier
County , Florida, being more specifically shown in Exhibit A , attached hereto ; and
WHEREAS, Petitioner does hereby request that the Board of County Commissioners
take appropriate action, including the adoption of a resolution setting the date and time of a
public hearing to consider disclaiming, renouncing, and vacating the County's interest in the
above right-of-way in accordance with Sections 336.09 and 336.10, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Resolution No .
20 13-166 in a regular session of the Board of County Commissioners , a public hearing to
consider disclaiming , renouncing and vacating the County's interest in the above described right-
of-way will be held on the 22nd day of January , 2019 at 9:00 a .m., or as soon thereafter as
practical , in the Boardroom , 3rct Floor, Administration Building, Collier County Government
Center, 3299 Tamiami Trail East, Naples , Florida.
THIS RESOLUTION ADOPTED after motion, second and majority v ote favoring same, this
__ day of , 2019 .
ATTE ST:
CRYSTAL K. KINZ EL, CLE RK
By : ---------------------
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY , FLORIDA
By: ________________________ _
, Chairman
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Packet Pg. 937 Attachment: Resolution - 112918 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 938 Attachment: Resolution - 112918 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 939 Attachment: Resolution - 112918 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 940 Attachment: Resolution - 112918 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
16.A.22.bPacket Pg. 941Attachment: Resolution - 112918 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 942 Attachment: OR120pg187 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 943 Attachment: OR120pg187 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 944 Attachment: OR120pg187 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 945 Attachment: LONO-Property Owners(1) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 946 Attachment: LONO-Property Owners(1) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 947 Attachment: LONO-Property Owners(1) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 948 Attachment: LONO-Property Owners(1) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 949 Attachment: LONO-Property Owners(2) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 950 Attachment: LONO-Property Owners(2) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 951 Attachment: LONO-Property Owners(2) (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
Lee County Electric Cooperative, Inc.
Post Office Box 3455
North Fort Myers, FL 33918-3455
(239) 995-2121 Fax (239) 995-7904
www.lcec.net
August 24, 2018
Mr. Jim David Shumake, Esq.
The Court view Building
2666 Airport Road South
Naples, Florida 34112
Re: Letter of No Objection to Vacation of Road W ay; Site: 376 Smallwood Drive, Chokoloskee, FL;
Owner: Silver Sides, LLC; Strap#: 00082966201.
Dear Mr. Shumake:
You have opened up negotiations, on behalf of your client, Silver Sides, LLC, concerning the vacation of
right of way to your client’s property.
We have reviewed the Plat, the request submitted with materials, and our internal records. LCEC has
no objection to the vacation as requested.
Should there be any questions please call me at 239-656-2112, or, if you prefer, I can be reached by
email at russel.goodman@lcec.net.
Very truly yours,
Russel Goodman, SR/WA
Design & Engineering Coordinator – Land Rights
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Packet Pg. 952 Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 953 Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 954 Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 955 Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
August 15, 2018
LETTER OF NO OBJECTION
Jim David Shumake
2666 Airport Road South
Naples, Florida 34112
SUBJECT: PROPOSED VACATE OF COUNTY RIGHT OF WAY
PRN 80732
Dear Mr. Shumake,
Please be advised that Embarq Florida, Inc., D/B/A Centurylink has no objection to the proposed vacate
and abandonment of the Right of Way granted to Collier County (Smallwood Drive) adjacent to Parcel
26088240002 (376 Smallwood Drive) as depicted on the attached survey.
Should there be any questions or concerns, please contact me at 318-330-6894 or by email at
michael.pietlukiewicz@centurylink.com.
Sincerely,
EMBARQ FLORIDA, INC., D/B/A CENTURYLINK
Michael Pietlukiewicz
11111 Dorsett Rd.
2nd Floor
Maryland Heights, MO 63043
Michael Pietlukiewicz
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Packet Pg. 956 Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
16.A.22.fPacket Pg. 957Attachment: LONO's Utility providers (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
ABBREVIATIONSLEGEND
S1 OF 1
18-8661TONER & ASSOCIATES, Inc.SKETCH OF BOUNDARY SURVEYSURVEYOR'S REFERENCES:
LEGAL DESCRIPTION:
SURVEY NOTES:
’
CERTIFIED TO:
SURVEYOR'S CERTIFICATE:MEASUREMENT ABBREVIATIONS:375 SMALLWOOD DRIVE, CHOKOLOSKEE, FL 34138SILVER SIDES, LLC.A PORTION OF THE S.W. 1/4 OF SECTION 31TOWNSHIP 53 SOUTH, RANGE 30 EASTMEAN HIGH AND LOW WATER LINE (MHWL) NOTES:
EASEMENT NOTES:
BOUNDARY LINE NOTE:
LOCATION MAP
THIS
SURVEY
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Packet Pg. 958 Attachment: Boundary Survey-07.10.18 (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 959 Attachment: Ownership Disclosure Form (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 960 Attachment: Ownership Disclosure Form (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 961 Attachment: Ownership Disclosure Form (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 962 Attachment: Ownership Disclosure Form (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 963 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 964 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 965 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 966 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 967 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 968 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 969 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 970 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 971 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 972 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 973 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 974 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 975 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 976 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 977 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 978 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 979 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 980 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 981 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 982 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 983 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 984 Attachment: Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 985 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 986 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 987 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 988 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 989 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 990 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 991 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 992 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 993 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 994 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 995 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 996 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 997 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 998 Attachment: Shared Access Easement Agreement (7361 : VAC-Chokoloskee-S End Smallwood Dr Set Hearing Date)
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Packet Pg. 999 Attachment: Smallwood Dr Vacation Aerial Overlay Exhibit 7361 (7361 : VAC-Chokoloskee-S End