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Resolution 2021-243 RESOLUTION 2021- 243 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION 2006-160, AS AMENDED, IN ORDER TO AMEND THE POLICIES AND PROCEDURES FOR: 1) THE CLOSING AND VACATION OF ROAD RIGHTS-OF-WAY; 2) THE VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND; AND 3) THE EXTINGUISHMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN THE PUBLIC RECORDS (CONVEYANCES OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL PROPERTY. WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"), pursuant to sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier County Ordinance No. 2004-31, as amended, and the Collier County Land Development Code, is authorized to grant or deny vacations and annulments of plats of subdivided land, road rights-of- way, alleyways, and public dedicated easements conveyed by separate instrument recorded in the public records, and exchange of real property; and WHEREAS, the Board, on July 25, 2006, adopted Resolution 2006-160, which superseded and replaced Resolution 1998-465, establishing the policies and procedures previously established for the above; and WHEREAS, the Board, on September 10, 2013, adopted Resolution 2013-166, which amended Resolution 2006-160, to further amend the policies and procedures previously established for the above; and WHEREAS, the Board desires to further amend the policies and procedures for: 1) closing and vacation of road rights-of-way; 2) vacation and annulment of plats or portions of plats of subdivided land; and 3) extinguishment of public easements conveyed by separate instrument records in the public records (conveyances other than on a subdivision plat) on platted or unplatted land, except for public roads, and exchange of real property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. This Resolution amends Resolution No. 2006-160, as amended, as set forth in the following Attachments. 2. The policies and procedures for the closing and vacation of road rights-of-way are amended and set forth in Attachment "A", incorporated herein and made part of this Resolution. [20-EIS-04338/1574837/5] Page 1 of 2 CAO 3. The policies and procedures for the vacation and annulment of plats or portions of plats of subdivided land are amended and set forth in Attachment `B", incorporated herein and made part of this Resolution. 4. The policies and procedures for the extinguishment of public easements conveyed by separate instrument records in the public records (conveyances other than on a subdivision plat) on platted or unplatted land, except for public roads, or the exchange of real property, are amended and set forth in Attachment "C", incorporated herein and made a part of this Resolution. BE IT ALSO RESOLVED that the Clerk be directed to record this Resolution in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 14th day of December, 2021. ATTEST: BOARD F COUNTY COMMISSIONERS CRYSTAL"Ify I I�IZEL, CLERK COLLI TY, FLORIDA , By 0 ;. v de. i L— By: Atte .as to ' 4 Irma , Deputy Clerk Penny Tayl , Chairman Approved'a &to.forr and legality: 4i) erek D. Perry Assistant County Attorney q/A Z12, \u\ Attachments: 1. Attachment "A" — Policy and Procedure on the Closing and Vacation of Road Right-of-Way 2. Attachment `B" — Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land 3. Attachment "C" — Policy and Procedure for the Extinguishment of Public Easements Conveyed by Separate Instrument Recorded in the Public Records (Conveyances Other Than on a Subdivision Plat) on Platted or Unplatted Land, Except for Public Roads, or the Exchange of Real Property [20-EIS-043 3 8/1 5 74 8 3 7/5] Page 2 of 2 C110 p1,L14 V rN 1 AIL • ri I1N`1 Attachment"A" POLICY AND PROCEDURE ON THE CLOSING AND VACATION OF ROAD RIGHT-OF-WAY A. AUTHORITY: —Sections 336.09 and 336.10, Florida Statutes. B. POLICY: When a request is in the interest of the general public welfare or where no public detriment is established and when said request does not invade or violate individual property rights and otherwise qualifies under Ssection 336.09, Florida Statutes, the Board of County Commissioners (BCC)may: 1. Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. 2. Renounce and disclaim any right of the County and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highways. 3. Renounce and disclaim any right of the County and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road, highway or other place used for vehicular travel. C. PROCEDURE: 1. An application for the vacation of road right-of-way is to be completed along with the listed items needed for review and to be submitted to Growth Management, Development Review Division / Planning and Regulation, Engineering Services Section. It must be accompanied by a non-refundable application fee (refer to Growth Management Development Services' / Planning and Regulation current fee schedule for the applicable fee). 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated (FEEee SIMPLEimple DEEDeed). If petitioner is Attachment"A" [20-EIS-04338/1574837/5] March 20132021 Page 1 of 13 Additions Underline Deletions Strkethreugh O10 not the owner of the fee simple title, petitioner shall provide a statement demonstrating the reason for the request including any property or financial interest or projects affected by a granting of such request. b) A statement explaining the general public benefit received from the proposed vacation. c) A copy of the document which granted, conveyed or dedicated the right-of-way to the County or the public. d) Certificate(s) showing all State and County taxes have been paid for the subject parcel if petitioner is the owner or the agent of owner of the fee simple title to the whole or part of the parcel sought to be vacated. (Available from the Collier County Tax Collector's Office, Building C-1, at the Government Center). e) Assessment Map depicting area of proposed vacation. (Available from the Collier County Property Appraiser's Office, Radio Road). f) List of abutting and other property owners within 250 feet of the proposed vacation to include: (1) Name (2) Address (3) Zip Code (4) Parcel Number g) Site Plan - the site plan must be on 8 Y2" X 11" paper and show all data pertinent to the proposed vacation,which shall include at least the following: (1) Date of drawing (2) Scale (3) North arrow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, (5) Location of proposed vacation and, if applicable,proposed dedication- h) A sketch and blegal description of what is to be vacated submitted on 8 Y2" X 11" paper labeled in bold capital letters as EXHIBIT "A". This legal description is to bo accompanied by a sketch of the legal description. Both the legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. Attachment"A" [20-EIS-04338/1574837/5] March 20132021 Page 2 of 13 Additions Underline Deletions ugh C) 90 i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). i)j) A property ownership disclosure form listing all persons with equitable interests in the application. ik "Letters of No Objection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Growth Management,, Development Review Division / Planning and Regulation Administrator or his their designee. Such letters may include but shall not be limited to the following: (1) Electric Company (2) Telephone Company (3) Cable Television Company (4) Collier County Sheriff's Office (5) Homeowner's Association (6) Rescue and Fire Control District (7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval, Engineering Services Development Review Division will distribute the package to the following areas for their approval or objection: (1-8) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED (29) Collier County Engineering ScrviceJDevelopment Review Division— Subdivision-Review (310)Collier County Engineering ServiceJCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review (411)Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportation Department Planning Review If the petitioner is unable to get the pertinent "approvals" or Letters of No Objections from those listed above,then the application is deemed denied. 1011If a replacement easement is required by Collier County, the reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement, the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, Attachment"A" [20-EIS-04338/1574837/5] March 20132021 Page 3 of 13 Additions Underline Deletions Strikethretrgh 0 and delivered to the County Attorney's Office to be held in trust pending the Board's consideration of the requested vacation. If a replacement easement is required by Collier County,the following shall be submitted: (1) A sketch and Regal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Professional Surveyor and Mapper,: (2) An attorney's title opinion or certification by a title company Ownership & Encumbrance Report by a title company(current),: (3) Executed conveyance document, and: (4) Executed subordination documents. 3. Engineering ServicesDevelopment Review Division will review the petition application for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the County Attorney's Office for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. The petition may be placed on the BCC agenda to establish a time and date for a public hearing by Resolution pursuant to Ssection 336.09, Florida Statutes. 4. Once the time and date of the public hearing isare established, the Clerk to the Board shall publish legal notice of the hearing one time in a newspaper of general circulation at least two weeks prior to the date stated therein for such hearing. 5. The petitioner and all property owners within 250 feet (and others as may be required by the Engineering ServicesDevelopment Review Division) of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of public hearing, by regular mail. If the number of property owners within two hundred fifty feet (250') exceeds twenty (20), petitioner shall incur an additional postage and handling charge of fifty cents ($.50)per additional property owner. 6. In the event that the petitioner for the property in question does not represent lthemself at the public hearing(s), they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent h4mthem. 7. The Board of County Commissioners shall then hold a public hearing and any approved resolution by such governing body shall have the effect of vacating all requested streets and alleys which have not become highways necessary for use by the traveling public. 8. Notice of the adoption of such a resolution by the Commissioners shall be published by the Clerk to the Board one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the County. The proof of publication of Attachment"A" [20-EIS-04338/1574837/5] March 20132021 Page 4 of 13 Additions Underline Deletions Stfikellifough Ode) notice of public hearing, a certified copy of the resolution, and the proof of publication of the notice of the adoption of such resolution shall be recorded by the Clerk to the Board . in the Public Records of the County. 9. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. 10. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn. Further review of the project will require a new application subject to the then current code. Attachment"A" [20-EIS-04338/1574837/5] March 20132021 Page 5 of 13 Additions Underline Deletions Strikothrough pLLI� G ,L. U Attachment"B" POLICY AND PROCEDURE FOR THE VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND A. AUTHORITY: _Section 177.101 Florida Statutes, and Collier County Ordinance No. 01 57 2004-31 and the Collier County Land Development Code. B. POLICY: When a request is in the interest of the general public welfare or no public detriment is established, the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, the request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision, and the request does not invade or violate individual property rights, the Board of County Commissioners may adopt resolutions vacating plats in whole or in part of subdivisions in said countyies, returning the property covered by such plats either in whole or in part into acreage. C. PROCEDURE: 1. To petition for the vacation and annulment of plats or portions of plats of subdivided land, an application is to be completed along with the listed items needed for review. The application must be submitted to Engineering ServicesGrowth Management, Development Review Division, accompanied by a non-refundable application fee (refer to Growth Management, Development Services' / Planning and Regulation current fee schedule for the applicable fee). 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel sought to be vacated(FEEee SIMPLEimple DEEDeed). b) A statement explaining the general public benefit received from the proposed vacation and demonstrating that the request will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. Attachment"B" [20-EIS-04338/1574837/5] March 20132021 Page 6 of 13 Additions Underline Deletions 0VD c) Certificate showing all State and County taxes have been paid for the subject parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in the Government Center). d) Assessment Map. (Available from the Collier County Property Appraiser's Office, Radio Road). e) List of abutting and other property owners within 250 feet of the proposed vacation to include: (1) Name (2) Address (3) Zip Code (4) Parcel Number f) Site Plan - the site plan must be on 8 '/2" X 11"paper with an adequate scale showing all data pertinent to the proposed vacation, which shall include at least the following: (1) Date of drawing (2) Scale (3) North arrow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, and any proposed landscaping. (5) Location of proposed vacation and, if applicable,proposed dedication: g) A sketch and blegal description of what is to be vacated submitted on 8 %2" X 11" paper labeled in bold capital letters as EXHIBIT "A" to the petition. This legal description is to be accompanied by a skctch of the legal description. Both the sketch and legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a"Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. h) A copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). i) A property ownership disclosure form listing all persons with equitable interests in the application. e}j)."Letters of No Objection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Development Review Division Administrator or their designee. Such letters may include but shall not be limited to the following: (1) Electric Company (2) Telephone Company Attachment"B" [20-EIS-04338/1574837/5] March 20132021 Page 7 of 13 Additions Underline Deletions Striketkroug# ��J (3) Cable Television Company (4) Collier County Sheriff's Office (5) Homeowner's Association (6) Rescue and Fire Control District (7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval Engineering ServiceJDevelopment Review Division will distribute the package to the following areas for their approval or objection:- (4-8) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED (39) Collier County Engineering ServicesDevelopment Review Division— Subdivision-Review eview (310)Collier County Engineering ServiceriCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review (411)Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportations Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void— f}k�If a replacement easement is required by Collier County, the reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement, the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held in trust pending the Board's consideration of the requested vacation. If a replacement easement is required by Collier County,the following shall be submitted: (1) Sketch and blegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a"Prepared by" block listing the name and address of the Professional Surveyor and Mapper,7 (2) Attorney's title opinion or Ownership & encumbrance Reportcertification by a title company (current),.- (3) Executed conveyance document, and: (4) Executed subordination documents. Attachment"B" [20-EIS-04338/1574837/5] March 20132021 Page 8 of 13 Additions Underline Deletions Striketltreugli t) 3. Development Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the County Attorney's Office for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4. Once the time and date of the agenda item isae established, the Clerk to the Board shall publish legal notice of the hearing in not less than two weekly issues of a newspaper of general circulation in the County, pursuant to Ssection 177.101, Florida.-Statutes. 5. The petitioner and all property owners within 250 feet (and others as may be required by Engineering Servicesthe Development Review Division) of the requested vacation parcel shall be given notice by the Clerk to the Board; stating time, place and date of the agenda item, by regular mail. If the number of property owners within two hundred fifty feet (250') exceeds twenty (20), petitioner shall incur an additional postage and handling charge of fifty cents ($.50) per additional property owner. If the County receives an objection or anticipates an objection to the vacation request,then the agenda item shall be scheduled under advertised public hearings in the BCC Agenda. 6. In the event that the owner for the property in question does not represent h4mthemself at the BCC meeting, they must provide a signed letter or other appropriate documentation which authorizes another specific person to represent himthem. 7. The County Commission may adopt a resolution vacating plats in whole or in part of subdivisions in the -County, returning the property covered by such plats either in whole or part into acreage. 8. A certified copy of any approved resolution shall be recorded in the public records of Collier County. 9. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meeting at which time the reuse application is reviewed by the Board of County Commissioners. 10. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"B" [20-EIS-04338/1574837/5] March 20132021 Page 9 of 13 Additions Underline Deletions Strikethreugk O v� • j . 6,1 Oti Attachment"C" POLICY AND PROCEDURE FOR THE EXTINGUISHMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN THE PUBLIC RECORDS (CONVEYANCES OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS, OR THE EXCHANGE OF REAL PROPERTY. A. AUTHORITY: —Sections 125.01 and 125.37, Florida Statutes. B. POLICY: Requests will be granted as long as the public benefit is established or no public detriment is established. The Board of County Commissioners may: 1. Extinguish, vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the County or public by any instrument recorded in the public records of Collier County and to renounce and disclaim any right of the County and the public in and to any land in connection therewith; when such interest is granted to the County or public by any instrument recorded in the public records other than on a subdivision plat. 2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for drainage, utilities, access, maintenance, preservation, or conservation or other public purposes; when such interest is granted to the County or public by any instrument recorded in the public records of Collier County other than on a subdivision plat. 3. To make an exchange of real property whenever, in the opinion of the County Commissioners, the County holds and possesses any real property, not needed for county purposes, and such property may be to the best interest of the County exchanged for other real property, which the County may desire to acquire for county purposes, as authorized by gsection 125.37, Florida Statutes. C. PROCEDURE: 1. To petition for the extinguishment of County dedicated easement on unplatted land or platted land an application is to be completed along with the listed items needed for review be submitted to Engineering Services Growth Management, Development Review Division,-and it must be accompanied by a non_refundable application fee (refer Attachment"C" [20-EIS-04338/1574837/5] March 20132021 Page 10 of 13 Additions Underline Deletions Str-ilEetlirexgh GA0 to -Growth Management, Development Services' / Planning and Regulation current fee schedule for the applicable fee)_ 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel on which a public dedicated easement is sought to be extinguished (F€ ee SIMPLEimple DEEDeed). b) A statement explaining the general public benefit received from the proposed vacation. c) A copy of the document which granted, conveyed or dedicated the easement interest to the County or the public. d) Certificate(s) showing all State and County taxes have been paid for the subject parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in the Government Center). e) Assessment Map. (Available from the Collier County Property Appraiser's Office, Radio Road). f) Site Plan -the site plan must be on 8 1/2" X 11"paper with an adequate scale showing all data pertinent to the proposed extinguishment, which shall include at least the following: (1) Date of drawing (2) Scale (3) North arrow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-street parking, and proposed and/or existing above and below grade structures, and any proposed landscaping. (5) Location of proposed extinguishment and, if applicable,proposed dedication: #VA sketch and lhegal description of what is to be extinguished submitted on 8 %2" X 11"paper labeled in bold capital letters as EXHIBIT"A". This legal description is to be accompanicd by a sketch of the legal description. Both the sketch and legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. h) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department online or on the 2nd Floor of the Collier County Courthouse). Attachment"C" [20-EIS-04338/1574837/5] March 20132021 Page 11 of 13 Additions Underline Deletions Stream i) A property ownership disclosure form listing all persons with equitable interests in the application. g)jILetters of No Objection''—' from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by the Growth Management, Development Review Division Administrator or their designee. Such letters may include but shall not be limited to the following: (1) Electric Company (2) Telephone Company (3) Cable Television Company (4) Collier County Sheriffs Office (5) Homeowner's Association (6) Rescue and Fire Control District (7) Adjacent property owners The letter sent to the utility companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Upon submitting the petition for approval,.Engineering ServicesDevelopment Review Division will distribute the package to the following areas for their approval or objection_- (4- ) Collier County Public Utilities Engineering & Project Management Division Utilities/PUED (2) Collier County Engineering ServicesDevelopment Review Division— S„baivision Review (310) Collier County Engineering ServicesCapital Project Planning, Impact Fees & Program Management Division—Stormwater Review (41 l) Collier County Capital Project Planning, Impact Fees & Program Management Division—Transportation-Dept Planning Review If the petitioner is unable to get the pertinent"approvals" or Letters of No Objections from those listed above,then the application is deemed denied"null and void ' 1h}k)To the extent applicable,where the petitioner desires to exchange hisiliertheir interest with that interest dedicated to the County, the requirements and procedures of §section 125.37, Florida Statutes, and the Collier County Utilities Standards and Procedures Ordinance No. 97 17 04-31, as amended, shall be utilized as practicable and legally required. _The reviewing parties are under no obligation to accept the offered alternative. If a Petition to Vacate is premised on the grant of a replacement easement,the Board will not take action on the Petition until the instrument necessary to grant the alternative real property interest has been accepted in form and content by all reviewing parties and the County Attorney's Office, it is properly executed by the granting or conveying entity, and delivered to the County Attorney's Office to be held Attachment"C" [20-EIS-04338/1574837/5] March 20132021 Page 12 of 13 Additions Underline Deletions Strikethreegh CAO in trust pending the Board's consideration of the requested vacation. The following shall be submitted: (1) A sketch and lbegal description and sketch of what is to be dedicated, prepared along with a current attorney's title opinion or certification by a title company and noted on the sketch, signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper,,.- (2) Attorney's Title title Opinion opinion or certification by a title company Ownership & Encumbrance Report(current)1: (3) Executed conveyance document, and, (4) Executed subordination documents. 3. Engineering ServicesDevelopment Review Division will review the petition for completeness and compliance with this Resolution. Engineering ServicesDevelopment Review Division will prepare an appropriate executive summary and resolution and transmit both documents to the office of the County Attorney for approval. If approved as to form and legality by the County Attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. 4_Where anFor exchanges of real property interest is applicablepursuant to section 125.37, Florida Statutes, the terms and conditions of any such exchange of property shall be published, once a week for at least two weeks, in a newspaper of general circulation published in the County prior to the adoption by the Board of County Commissioners. 45. In the event that the owner of the property in question does not represent l-imthemself at the BCC meeting, they must provide a signed letter or appropriate documentation which authorizes another specific person to represent lthem. 36. The processing of this petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisory bodies, or the Board of County Commissioners, so that the decision on such extinguishment shall occur at the same meeting at which time the re use application is reviewed by the Board of County Commissioners. 67. Once the application is accepted for review it will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 90 days of the date on which the comments were sent to the applicant with a one time extension of an additional 90 days upon written notification. If a response is not received within this time, the application for request review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Attachment"C" [20-EIS-04338/1574837/5] March 20132021 Page 13 of 13 Additions Underline Deletions StFikethFetigli CAo