Resolution 1996-025
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RESOLUTION NO. 9&-22--
REVISION QP POLICY AND PROCEDURES POR VACATION AND
ANNULMENT OP PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND,
ROAD RIGHT-OF-WAY AND/OR ALLEYWAYS IN WHOLE OR PART, AND
PUBLIC DEDICATED EASEMENTS CONVEYED TO THE COUNTY OR PUBLIC
BY GRANT OF EASEMENT OR SIMILAR INSTRUMENT RECORDED IN THE
PUBLIC RECORDS OTHER THAN ON A SUBDIVISION PLAT.
WHEREAS, the Board ot County Commissioners ot Collier County,
Plorida, under the authority ot Sections 125.01, 125.37, 177.101,
336.09 and 336.10, Florida Statutes, and Collier County Ordinance
No. 91-102, Collier County Ordinance No. 88-76, and the Collier
County Land Development Code, Division 3.2, is charged with the
authority to grant or deny vacations and annulments ot plats ot
subdivided land, road right-ot-way, and/or alleyways and publio
dedicated easements conveyed by separate instrument recorded in
the pUblic records, other than on a subdivision plat (in whole or
in part); and
WHEREAS, the Board ot County Commissioners on February ,25,
1992 adopted Resolution No. 92-152 establishing polioies and
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procedures tor the above;
NOW, THEREFORE, BE IT RESOLVED, that the quidelines as ..t
torth in Attachment "A", Attachment "B", Attach"'~nt "C", t;,,,
Attachment "D", be incorporated with and made part ot this
Resolution and be adopted as Policy and Procedl'res tor the
vacation ot subdivided lands, road right-ot-way, and/or Alley-.
ways, and public dedicated easements conveyed by separate instru-
ment recorded in the public records, other than on a subdivision
plat (in whole or part); and
BE IT ALSO RESOLVED, that this Resolution supersedes and
rescinds Resolution No. 92-152; and
BE IT. FURTHER RESOLVED, that the Clerk be direoted to reoord
Records ot Collier county, Florida.
this Resolution 'in the Public
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ii!ftr j AfI.z~--
e F. Ashton
Assistant County Attorney
BOARD OP COUNTY COHHISSION1!Rll
COLLIER COUNTY, FLORIDA , .'
BY: V~~~
JgHN C. NORRIS, Cha rman,
".
lOOK 000 Plcr 79
HPMw/14sn
OR: 2143 PG: 1115
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. JAN21fi 'l'
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e. Tax A..e..or'. Map depicting area ot propo..CS
vacation. (Available trom the Collier County
Assessor's Ottice Buildinq C-:I at the Government
Center).
.",...
t. List ot abutting and other property Owner. within
250 teet ot the proposed vacation to inoludel
(1)
(2)
(3)
(4)
Name
Address
Zip Code
Parcel Number
q. Site Plan - the sits plan must be on 8;" x 11.
paper and show all data pertinent to the proposed..
vacation, which shall include at least the
tollowinq I
(1) Date ot drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions ot property line.,
abuttinq riqhts-ot-way, easellents,'
setbacks, oft-strest parkinq, proposed;'".
and/ or existinq structures, and any". '."
proposed landscapinq.
(5) Location ot proposed vacation and, it.
applicable, proposed dedication.
(6) Certitication by a Florida protes.ional'
Land Surveyor.
h.
Leqal description ot what is to be vacated
submitted on 8," X 11" paper as Exhibit "A~/
This legal description is to be acconpanied by'.
eketch ot the leqal description. Both the leqal ., .
description and sketch are to have a "prepared."
by" block listinq the name and addre.s ot th..,
preparer.
1.
j.
When applicable, a copy ot ti-'"
subdivision plat. (Available trom 'he
Court Recordinq Department on the ~ th
Buildinq F at the Government Center).
"Letters ot No Objection" trom all pertinenit:':
utility companies or authorized user. ot the
easement and/or dedicated public area. Such':":,"
letters may include but shall not be limitedt~;:',
the tollowinq:
r ICONK,; .
C~srlt 'ot,~
Ploor" o,~i'f;:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(s)
(9)
(10)
(11)
Collier County utilities
Collier County Enqineerinq Review Servioes
Collier County Planninq Services
Collier County Water Management
Electrio Company
Telephone Company
Cable Televi.ion Company
Collier County Sheritt's Ottice
Homeowner's As.ooiation
Rescue and.Fire Control District
Adjaoent property owners
.Iilt'
k. It a replaoellent easement is required by CollJ. -
County, the tol..l~inq shall be submitted:' >.t!~;.
(1) Leqal de.cription and .ketch ot what is: to
be dedioated with .prepared by" block"':iji:;~~..
(2) Attorney~." title opinion or Ownership;'
Encumbrance 'Report by a title c .
(current)" ' . ,:.,.~.~
10-, .000PI't 81' "1/\"
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OR: 2143 PG: 1116
JAN 2 3 1998
(3) Executed conveyance document.
(4) Executed subordination documents.
3. Transportation Services will review the petition tor
completeness and compliance with this, Resolution.
Transportation Services will prepare an appropriate
executive summary and resolution and transmit both
documents to the County Attorney's Otfice tor
approval.
It approved as to torm and leqal sufticiency by the
County Attorney, the petition will be tiled with the
Clerk to the Board with a request tor a time and date
tor a public hearinq. The petition may be placed on
the BCC aqenda to establish a time and date tor a
public hearing by Resolution pursuant to Section
336.09, Florida Statutes.
4. Once the time and date ot the pUblio hearinq are
established, the Clerk to the Board shall publish
leqal notice ot the hearinq in not less than two
weekly issues ot a newspaper ot qeneral circulation
in the County.
5. The petitioner and all property owners within 250
teet (and others as may be required by Transportation
Services) of the requested vacation parcel shall be
given notice by the Clerk to the Board; statinq time,
place and date ot pUblic hearing, by reqular llail.
It the number ot property owners within two hundred
fifty teet (250') exceeds twenty (20), petitioner
shall incur an additional postage and handlinq charqe
of tifty cents ($.50) per additional property owner.
6. In the event that the petitioner tor the property in
question does not represent himself at the pUblio
hearinq(s), he must provide a signed letter or other
appropriate documentation which authorizes another
specific person to represent him.
7. The Board ot County Commissioners shall then hold a
public hearinq and any approved r880lulJ on by such
qoverninq body shall have the ettect ot 'aoatinq all
streets and alleys which have not become hiqhways
necessary for use by the traveling pUblic.
a. Notice ot the adoption ot such a resolution by the
Commissioners shall be pUblished by the Clerk to the
Board one time, within 30 days tollowinq its
adoption, in one issue ot a newspaper ot general
circulation published in the County. The proot ot
publication ot notice ot pUblic hearinq, a certitied
copy ot the resolution, and the proot ot publication
ot the notice ot the adoption ot such resolution
shall be recorded by the Clerk to the Board in tha
Public Records ot the County.
9. The processinq ot this petition shall coinCide, where.
applicable, with the processinq of such other plat-
tinq or land use change applications proposed tor the
same property with reqard to SUbmissions ot applica-
tions, statt reviews, reviews by advisory bodies, or
the Board ot County commiSSioners, so that the
decision on such vacation shall oocur at the sue
meetinq at whioh time the reuse applioation is
reviewed by the Board ot County Commissioners. It
vacation ot riqht-ot way is in area to be platted or
replatted, the resolution tor vacation will be
recorded simUltaneOUSly with the recordinq ot the
subdivision.
lOOK 000 PilE 82
OR: 2143 PG: 1117
JAM 23 l!I9S
ATTACHMENT A
PETITION FORM FOR VACATION OF
ROAD RIGHTS-OF-WAYS
Date Received:
Petitioner:
Address:
City/State:
Aqent:
Address:
City/State:
Petition #:AV-
Telephonel
Zip Codel
Telephone I
Zip Code:
Road Name:
Location: Section
Township
Ranqe
Leqal Description:
Plat Book
Paqe(s)
Reason tor Request:
CUrrent Zoninq:
Does this attect density? _____
I Hereby Authorize Aqent Above to Represent Me tor this Petition I
Yes_ No_
Siqnature ot Petitioner
Date
Print Name
(Title)
~ .' 'I
Please see "POlicy and Procedure ot Vacation and ~'1ulment. tor the
list of supportive materials which mUst accompany t "is patitior" ,
and deliver or mail to:
Transportation Servioes
Collier County Government Complex
Naples, FL 33962
Telephone: (94l) 774-S494
*(1)
(2)
It applicant is a land trust, indicate the nama ot
beneticiaries.
It applioant is a corporation other than a publio
corporation, indicate the name ot ottioers and major
stookholders.
It applioant is a partnership, limited partnership orothsr,.
business entity, indicate the name ot prinoipals., , .
List all other owners.
(3)
(4)
"t"'
lOOK 000 Plcr 83
Page 4 of 4
OR: 2143 PG: 1118
JAM 2 3 1998
ATTACHHENT B
POLICY AND PROCEDURE
OF THE VACATION AND ANNULMENT OF
PLAT OF SUBDIVIDED LAND (EXCEPT FOR.
VACATION OF PLAT AND SIMULTANEOUS REPLAT)
[FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT, SEE ATTACHHENT D]
A. AUTHORITY: Section 177.101 Florida Statutes, and Collier
County Ordinance No. 91-102 and the Collier County Land
Development Code, Division 3.2.
B. POLICY: Requests may be qranted as long as the publio
benetit is established or no public detriment is
determined and whenever as stated in Section 177.101,
Florida Statutes:
1. It it is discovered, atter the plat has been recorded
in the public records, that the developer has
previously caused the lands embraced in the second
plat to be ditterently subdivided under and by virtue
ot another plat ot the same identical lands, and the
tirst plat was also tiled ot public record at an
earlier date, and no conveyances ot lots by reterence
to the tirst plat so tiled appears ot reoord in
Collier County; or,
2. It it is discovered that atter the tiling ot a plat
subdi vidinq a parcel ot land located in the County,
the developer ot the lands therein end thereby
subdivided did cause such lands embraced in said plat,
or a part thereot, to be again and subsequently
ditterently subdivided under another plat ot the same
and identical lands or a part thereot, which said
second plat was also tiled at a later date I and it is
turther made to appear to the governing body ot the
County that the tilinq and recording ot the seoond
plat would not materially attect the right ot
convenient access to lots previously cOl'\veysd under
the tirst plat.
C. PROCEDURE.
1. A petition tor the vacation and annulment ot plata or
portions ot plats ot subdivided land is to be
submitted to Transportation Services on the torm
attached. The Petition must be acoompanied by a
tilinq tee ot One Thousand Dollars ($1,000).
2. The petitioner must also provide:
a. Evidence to show that the petitioner owns the tee
simple title to the whole or that part ot the
parcel covered by the plat sought to be vacated
(FEE SIMPLE DEED).
b.
Certiticate
have been
(Available
Collector's
Center).
Tax Assessor's Map. (Available trom the
County Assessor's ottice Building C-2
Government Center).
Showing all state and County taxe.
paid tor the subjeot parc.l.
trom the Collier County Tax
Ottice Buildinq C-l in the Government
c.
Collier
in the
lOOK 000 PIG~ 84
Page 1 ot 4
OR: 2143 PG: 1119
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JAM 2 3 1991I
d. List ot abuttinq and other property owners within
250 teet ot the proposed vacation to include,
(1) Name
(2) Address
(3) Zip Code
(4) Parcel Number
e. site Plan - the site plan must be submitted on
8;" x 11" paper with an adequate scale showinq
all data pertinent to the proposed vacation,
which shall include at least the tollowinql
(1) Date ot drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions ot property line.,
abuttinq riqhts-ot-way, easements, setback.,
ott-street parkinq, proposed and/or exi.ting
structures, and any proposed landscapinq.
(5) Location ot proposed vacation and it
applicable proposed dedication.
(6) Certitication by a Plorida Protessional Land
Surveyor.
t. Legal description ot what is to be vacated
submitted on 8ls" x 11" paper ae Exhibit "A" to
the petition. This leqal description is to be
accompanied by a sketch ot the leqal desoription.
Both the leqal description and sketch are to havs'
a "prepared by" block listinq the name and
address ot the preparer.
q.
h.
A copy ot the recorded
(Available trom the Clerk
Department on the 4th Floor
Government Center).
"Letters ot No Objection" troll aI, pet-tinent
utility companies or authorized Us>:s ot the.
easement and dedicated pUblio usa. 'l'he..;o
letters Ilay include but are not limLed to the',-
tollowing: ~,
subdiviaion plat.
ot Court Recording
ot Buildinq P at the
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Collier County Utilities
Collier County Enqineerinq Review Servioes
Collier County Planninq Services
Collier County water Management
Electric Company
Telephone Company
Cable Television Company
Collier County Sheritt's Department
Homeowner's Assooiation
Rescue and Pire Control District
i. It a replacement easement is required by Collier
County, the tOllowinq shall be SUbmitted' .
(1)
(2)
Leqal Description and sketch ot what
(3)
(4)
Attorney's
EnCWlbranoe
(current).'
Executed Conveyance Document.
Executed Subordination Documents.
Title Opinion or
Report by e title
lOOK, OlJO Plcr, 85
Paqe 2 ot 4
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OR: 2143 PG: 1120
JAM 2 3 1996
3. Transportation Services will review the petition tor
complsteness and compliance with this Resolution.
Transportation Services will prepare an appropriate
executive summary and resolution and. send both
documents to the County Attornay'. Ottice tor
approval. Atter approval, the petition will be tiled
with the Clerk to the Board with a request tor a time
and date tor an agenda item.
4. Once the time and date ot the agenda item are
established, the Clerk to the Board shall publish
leqal notice ot the agenda item in not less than two
weekly issues ot a newspaper ot qeneral circulation in
the County.
5. The petitioner and all property owners within 250 teet
(and others as may be required by Transportation
Services) ot the requested vacation parcel shall be
given notice by the Clerk to the Board; statinq time,
place and date ot the agenda item, by regular Bail.
It the number ot property owners within two hundred
titty teet (250') exceeds twenty (20) the petitioner
shall incur an additional postaqe and handlinq charqe
ot titty cents ($.50) per additional property owner.
It the County receives an objection or anticipates an
objection to the vacation request, then the aqenda
item shall be scheduled under advertised publio
hearings in the BCC Agenda.
6. In the event that the owner ot the property in
question does not represent himselt at the BCC
meeting, he must provide a signed letter or other
appropriate documentation which authorizes anothe%
specitic person to represent him.
7. The County Commission may adopt a resolution vaoatinq
plats in whole or in part ot subdivisions in the
County, returninq the property covered by such plats
either in whole or part into acreaqe.
8. A certitied copy ot any approved resolution shall be
recorded in the public records ot Collier C"unt1.
9. The processinq ot this petition shall coincide, where
applicable, with the processinq ot such other plattinq
or land use change applications proposed tor the same
property with regard to SUbmissions ot applications,
staft reviews, reviews by advisory bodies, or, the
Board ot County Commissioners, so that the deoision on
such vacation shall occur at the same meetinq at which
time the reuse application is reviewed by the Board ot
County Commissioners.
100; 000 PIG, 86
Page 3 of 4
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OR: 2143 PG: 1121
JAN 2 3 f!l96
A'l'TACHHENT B
PETITION FORM FOR VACATION OP PLATS OR PORTIONS
OP PLATS OF SUBDIVIDED LAND [EXCEPT FOR VACATION OP
PLAT AND SIMULTANEOUS REPLAT]
Date Received:
Petitioner(OWner):
Address:
City/state:
Petition ':AV-
Telephone:
Zip Code:
Aqent:
Address:
City/State:
Address ot Subject Property:
City/State:
Looation: Section
Legal Description: Lot
SUbdivision:
Plat Book
Telephone:
Zip Code:
Township
Block
Zip Code:
Ranqe
Unit
Paqe(s)
Reason tor Request:
CUrrent Zoning:
atteot density?
I Hereby Authorize Aqent Above to Represent Me tor this
Petition:
Does this
Yes No ______
Siqnature ot Petitioner (OWner) Date
Print Name (Title)
Please see "Policy and Procedure ot Vacation and A~lulment" tor
the list ot supportive materials which must accompan~ thls
petition, and deliver or mail to:
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (941) 774-8494
It applicant is a land trust, indicate the name ot
beneficiaries.
It applicant is a corporation other than a public
corporation, indicate the name ot otticers and major
stockholders.
It applicant is a partnership, limited partnership or
other business entity, indicate the name ot principals.
List all other owners.
*(1)
(2)
(3)
(4)
IOO( 000 Plcr 87
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