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Resolution 2006-160 RESOLUTION 2006-160 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 1998-465 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 November 17, 1998, adopted Resolution 1998-465 which amended 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 supersedes and replaces Resolution 1998-465. 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 Sb.lh day of .J Llly ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ By: FRANK HALAS, Chairman 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 reauest does not invade or violate individual property rights and otherwise qualifies under Section 336.09, Florida Statutes, the Board of County Commissioners (BCG) 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. l\ potition for tho vaoation of road right of way i!:: to bo Ciubmittod to Pbnni~g Sor:vicOG on tho form 3ttaohod. Tho potition muc:t bo aooompaniod by a filing fOO ef eRe thou!::and dollar!:: ($1,000). 1. An application for the vacation of road riaht-of-way is to be completed alona with the listed items needed for review and to be submitted to Community Development and Environmental Services. It must be accompanied by a non-refundable application fee (refer to Community Development and Environmental Services 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. 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':".. Roquirod if petitioner is the owner, or potitionor ic 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, Building C-2, at the Government Center). 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 W' 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, 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 W' 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. i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department on the 4th 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 as determined by Community Development and Environmental Services Administrator or his designee. Such letters may include but shall not be limited to the following: (1) Collior County UtilitioG (2) Collior County Enginooring RO'/io'N Son:iooG (3) Collior County Transportation Dopartmont (4) Collior County 'J'/ator Managomont (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 submittina the petition for approval. Community Development and Environmental Services will distribute the packaae to the followina areas for their approval or obiection. 1) Collier County Utilities/PUED 2) Collier County Enaineerina Services - Subdivision Review 3) Collier County Enaineerina Services - Stormwater Review 4) Collier County Transportation Division If the petitioner is unable to aet the pertinent "approvals" or Letters of No Obiections from the listed above then the application is deemed denied. k) 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. P~anning Sorvio~c will rovi~w tho P?tition ~pplioation for oompl~tonoClc an~ oompli.:~oo :t~ ~~o ROCiolutlon. Planning Servloos 'NIII proparo an appropnato OXOOl:Jtl'lO G~mmary and roClolution and tranc:mit both doaumontCl to tho offioo of tho County ,^,ttornoy~ Off~o for 3ppro'lal. 3. Community Development and Environmental Services will review the application for completeness and compliance with this Resolution. Community Development and Environmental 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 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 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 Planning SorviaoG Community Development and Environmental 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 reauested 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 lona 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 reauest review will be considered withdrawn. Further review of the proiect will reauire a new application subiect to the then current code. Attachment liB" 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. Q.747 01-57 and the Collier County Land Development Code. B. POLICY: Requests may be granted as long as the public benefit is est3blished or not public dotriment is determined and ,,:hene'ler as stated in Section 177.101, Florida Statutes: When a reauest is in the interest of the general public welfare or no public detriment is established and the reauest does not invade or violate individual property rights and otherwise aualifies under Section 336.09, Florida Statutes, the Board of County Commissioners (BCC) may adopt resolutions vacating plats in whole or in part of subdivisions in said counties, returnina the property covered by such plats either in whole or in part into acreage. C. PROCEDURE: 1. A petition for tho vacation and annulment of plats or portions of plats of subdivided land is to be submitted to Planning Services on the form attached. The potition must be accompanied by a filing foe of one thousand dollars ($1,000). 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 Environmental Services, accompanied by a non-refundable application fee (refer to Community Development and Environmental Services 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 aeneral 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 C-2, in the Government Center). 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 W' 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 Jines, 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 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 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 4th Floor of Building F at the Government Center). i) "Letters of No Objection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by Community Development and Environmental Services Administrator or his desianee. Such letters may include but shall not be limited to the following: (1) Collier County Utilities (2) Collier County Engineering Review Sorvices (3) Collier County Transportation Dep::Jrtment (4) Collier County VVater Management (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 submittina the petition for approval Community Development Services will distribute the packaae to the followina areas for their approval or obiection. 1) Collier County Utilities/PUED 2) Collier County Enaineerina Services - Subdivision Review 3) Collier County Enaineerina Services - Stormwater Review 4) Collier County Transportation Division If the petitioner is unable to aet the pertinent "approvals" or Letters of No Obiections from the listed above then the application is deemed denied. j) 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. Planning Services will revie'IJ tho petition application for completonoss and compliance 'Nith the Resolution. Planning Services will prepare an appropriate executive summary and resolution and tr::msmit both documents to tho County I\ttornoy's Office for approval. After approval, the potition '.viII be filed with the Clork to the Board with a request for a time and dato for 3n agenda item. 3. Community Development and Environmental Services will review the application for completeness and compliance with this Resolution. Community Development and Environmental 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 leaal sufficiency by the County attorney, the petition will be filed with the Clerk to the Board with a reauest for a time and date for a public hearina. The petition shall be placed on the BCC aaenda to establish a time and date for a public hearina by Resolution pursuant to Section 336.09, Florida Statutes. 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. 5. The petitioner and all property owners within 250 feet (and others as may be required by Planning Services Community Development and Environmental 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 lone 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 reauest review will be considered withdrawn. Further review of the proiect will reauire a new application subject to the then current code. Attachment "cn 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. C. PROCEDURE: 1. ^ potition for tho oxtinguiehmont of County dodioatod oaeomont on unplattod land or plattod land i€) to bo eubmittod to Planning SorvioOG on tho form attaahod. Tho potition muc:t bo aooompaniod by a filing foo of ono thouGand dollar€) ($1,000). 1. To petition for the extinauishment of County dedicated easement on unplatted land or platted land a application is to be completed alona with the listed items needed for review be submitted to Community Development and Environmental Services and it must be accompanied by a non refundable application fee (refer to Community Development and Environmental Services current fee schedule for the applicable fee) 2. The petitioner must also provide: '._n.,.___.___"""'....,"""'.,,','~'''''~_..,...,"____''"_'''''...._..,,___~_..,"_ 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 explainina the aeneral 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, Building C-2, in the Government Center). f) Site Plan - the site plan must be on 8 W' 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. g) Legal description of what is to be extinguished submitted on 8 W' 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. h) "Letters of No Objection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by Community Development and Environmental Services Administrator or his designee. Such letters may include but shall not be limited to the following: (1) Collior County UtilitioG (2) Collior County Enginooring Rovio'N Sorviooc (3) Collior County Tram:portation Dopartmont (1) Collior County Wator Managomont (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) Adiacent 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 submittina the petition for approval Community Development Services will distribute the packaae to the followina areas for their approval or objection. Collier County Utilities/PUED Collier County Enaineerina Services - Subdivision Review Collier County Enaineerina Services - Stormwater Review Collier County Transportation Division If the petitioner is unable to aet the pertinent "approvals" or Letters of No Obiections from the listed above then the application is deemed denied. i) 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 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. Planning SorvioOG 'Nill rO'/iow tho potition applioation for oomplotonoGG and oompfianoo with tho Roc:olution. Planning SorvioOG will propnro an appropriato OXOGuti'JO Gurnmary and rOGolution and trancmit both dooumontG to tho County f,ttornoy'c: Offioo for approval. Aftor 3ppro'.'al, tho potition will bo mod '.vith tho Clork to tho Board 'Nith a roquoE:t for a timo and dato for an agonda itom. 3. Community Development and Environmental Services will review the application for completeness and compliance with this Resolution. Community Development and Environmental 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 leaal sufficiency by the County attorney, the petition will be filed with the Clerk to the Board with a reauest for a time and date for a public hearina. The petition may be placed on the BCC aaenda to establish a time and date for a public hearina by Resolution pursuant to Section 336.09. Florida Statutes. 4. 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. 6. Once the application is accepted for review it will remain under review so lona 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 reauest review will be considered withdrawn. Further review of the project will reauire a new application subiect to the then current code. ...._-_..~'~....-,.~~-----""'-_.__._,.-