Agenda 03/24/2026 Item #16A 9 (Resolution - To hold a public hearing to consider vacating a portion of the 60-foot roadway easement located approximately one-half mile south of Veterans Memorial Boulevard)3/24/2026
Item # 16.A.9
ID# 2026-719
Executive Summary
Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 60-foot roadway
easement, as recorded in Official Record Book 238, Page 913 and Official Record Book 1365, Page 1357 of the Public
Records of Collier County, Florida, located approximately one-half mile south of Veterans Memorial Boulevard, in
Section 15, Township 48 South, Range 25 East, Collier County, Florida. [VAC-PL20260000213]
OBJECTIVE: Pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution No. 2021-243, the Board of
County Commissioners may authorize a public hearing to consider the vacation of a portion of any type of public road
right-of-way.
CONSIDERATIONS: The Development Review Division has received a request to vacate a portion of the 60-foot
roadway easement, as recorded in Official Record Book 238, Page 913, and Official Record Book 1365, Page 1357 of
the Public Records of Collier County, Florida, located in Section 15, Township 48 South, Range 25 East, Immokalee,
Collier County, Florida. This is a request to vacate a portion of the 60-foot Roadway Easement along the south line of
the northeast quarter of Section 15 easement as recorded in Official Records 238, Page 913, of the Public Records of
Collier County, Florida.
The Roadway Easement encumbers the southern thirty (30) feet of the property. The easement is granted in favor of
multiple parties, including the grantor and grantee, their respective heirs, successors, and assigns, all owners of abutting
lands at the time, and the public. This easement has not been utilized and will not be utilized; it is a cloud on the
Petitioner’s title. Petitioner seeks termination of this easement.
Three properties abut the southern, eastern, and western boundaries of the NA Realty Trust, Inc. parcel. The three
properties are:
1. Imperial Golf Club, Inc. The full easement is 60-foot wide and 30-foot wide on the north property line of this
golf course. The 30 feet on the Imperial side is fully developed with golf holes and golf greens.
2. Castlewood at Imperial HOA. The Castlewood parcel abuts the easement at its eastern end.
3. Cemex Construction Materials FL. This is the location of a concrete plant that abuts the west end of this
easement, and just to the north of the Cemex parcel is the south end of the Seminole Gulf Railway parcel,
highlighted in yellow.
The 1967 Deed, recorded at Official Record Book 238, Page 913 of the Public Record of Collier County, established the
60-foot easement. The Deed is the exception (i.e., no grant of easement) across the Seminole Gulf Railway parcel. If a
road were constructed across this 60-foot easement, it would go no further west than the Railway parcel and no further
east of the Lake on the Castlewood’s parcel. If constructed, it would also bisect the Cemex parcel. Therefore, there is no
reason for this easement to exist and not be vacated.
The Petitioner’s statement of public benefit is as follows:
1. There is no present necessity or reasonably foreseeable necessity for the current easement.
2. The vacation of the easement allows for development to occur consistent with the County’s Growth
Management Plan.
3. The vacation of the easement will eliminate any potential public liability created by the easement.
The Development Review Division has reviewed this petition and found no reason for objection.
The hearing will be advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes, and
Resolution No. 2021-243, and the adjoining property owners will be given notice as well.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer focused
Page 3410 of 6641
3/24/2026
Item # 16.A.9
ID# 2026-719
permitting process.
FISCAL IMPACT: Growth Management Department, Development Review Division staff has collected a $2,000
“Petition to Vacate” fee from the petitioner which covers the County’s cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. – CLD
RECOMMENDATION(S): To adopt a Resolution to schedule a public hearing to consider vacating a portion of the
60-foot roadway easement, as recorded in Official Record Book 238, Page 913, and Official Record Book 1365, Page
1357, of the Public Records of Collier County, Florida, located in Section 15, Township 48 South, Range 25 East,
Immokalee, Collier County, Florida. [VAC-PL20260000213]
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth
Management Department.
ATTACHMENTS:
1. Resolution to Set Hearing (Imperial Lakes)
2. Application-signed
3. Property Ownership Disclosure Form
4. Affidavit of Authorization
5. Deed OR 238 page 913
6. Deed OR 1365 page 1357
7. LONO - Imperial Golf Club
8. LONO - Sheriff
9. LONO - TECO Gas
10. LONO Email - FPL
11. LONO - Century Link - Lumen
12. LONO - Comcast
13. LONO - North Collier Fire District SIGNED
14. Agreement_Castlewood~NA_Realty_Trust_w~Exs_(002)
15. 2025-Annual-bill paid
16. 09 Master Plan0
17. Resolution 2021-243
Page 3411 of 6641
RESOLUTION NO. 2026.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
DECLARE A PUBLTC HE,ARING TO DISCLAIM,
RENOUNCE, AND VACATE THE COUNTY AND PUBLIC
INTEREST IN A PORTION OF THE 6O-FOOT ROADWAY
EASEMENT, AS RECORDED IN OFFICIAL RECORD
BOOK 238, PAGE 9I3 AND OFFICIAL RECORD BOOK
1365, PAGE 1357 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED
APPROXIMATLY ONE HALF MILE SOUTH OF
VETERANS MEMORIAL BOULEVARD, IN SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
couNTY, FLORTDA. (PETITION VAC-PL20260000213)
WHEREAS, Petitioner, Richard D. Yovanovich, Esq. of Coleman, Yovanovich &
Koester, P.A., on behalf of NA Realty Trust, Inc., has requested that a public hearing be held
pursuant to Resolution No. 2021-243, to consider disclaiming, renouncing and vacating the
County and public interest in a portion ofthe 60-foot roadway easement, as recorded in Official
Record Book 238, Page 913 and Official Record Book 1365, Page 1357 ofthe Public Records of
Collier County, Florida, located in Section 15, Township 48 South, Range 25 East, Collier
County, Florida, being more specifically shown in Exlibit "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-described road easement 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.
2021-243 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
roadway easement will be held on the 28th day of April, 2026 at 9:00 a.m., or as soon thereafter
as practical, in the Boardroom, 3'd Iiloor, Administration Buitding, Collier County Govemment
Center, 329 9'f am iam i Trai l East, Naples, F- lorida.
THIS IIESOLUTION ADOPTED after motion, second and majority vote favoring same, this
2026day of
ATTEST:
CRYSTAL K. KINZEL. CLERK OF-
THE CIRCUIT COURT & COMPTROLLER
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
[26 -EtS -0 5297 /2007 239 I 1 )1 0
Page I of2
Dan Kowal- Chairman
CAO
By:
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Approved as to form and legality
Attachments:
I. Exhibit "A" Legal Description and Sketch
2. Exhibit "B" Location-Site Map
Page 2 of 2
CAO
Courtney L. DaSilva
Assistant County Attomey
CLD
3t16t26
126 -EIS -0 5291 I 2007 239 I I )t 0
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SKETCH AND DESCRIPTION
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Digitallysigned
by"rodd 8. Short
Date:2025.12.18
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II\4PERIAL LAKES
LYING IN
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
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Countv Land Survevor
Profesiional Survevtr & MaDDer t-S 5086
Crow,th Managemdot Depanirient
Develonment Review Division
2800 t/odh Horseshoe Drive. Naples Florida 34104
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Vacating (VAC) 1/24/2025 Page 1 of 3
Growth Management Community Development • Development Review
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
VACATING (VAC)
□ AVROW – Vacation of Road Right-of-Way: Road Name: □ AVPLAT – Vacation of Plats or portions of plats of subdivided land: Name of Plat: Plat Book: Page(s):
□ AVESMT – Extinguishment of public dedicated easements recorded by separate instrument
in the public records (other than on a subdivision plat), platted or unplatted land, except for
public roads.
Official Record Book: Page(s):
Florida Statute 117.101, 125.37, 336.09, & 336.10, as amended; Ordinance 01-57, as amended; Resolution 2021-243, as amended, and LDC 10.02.04 G.
GMCD Public Portal
Land Development Code
Administrative Code
Name of Owner:
Address: City: State: ZIP:
Phone: E-Mail Address:
Name of Agent: Firm:
Address: City: State: ZIP:
Phone: E-Mail Address:
Name of Applicant (if different than owner or agent):
Note:
1. If applicant is a land trust, indicate the name of beneficiaries.
2. If applicant is a corporation other than a public corporation, indicate the name of the officers and major stockholders.
3. If applicant is a partnership, limited partnership, or other business entity, indicate the name of the principals.
4. List all other owners.
Address of subject property:
Parcel #: Section/Township/Range: / /
Subdivision: Unit: Lot: Block: Tract:
Legal Description:
Current Zoning: Current Land Use:
Applicant Contact Information
Project Information
Page 3420 of 6641
Collier County
Vacating (VAC) 1/24/2025 Page 2 of 3
Growth Management Community Development • Development Review
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
The following Submittal Requirement checklist is to be utilized at time of application submittal.
Incomplete submittals will not be accepted. Documents shall be submitted electronically.
REQUIREMENTS FOR REVIEW: REQUIRED
Application Form ☒
Cover Letter, including a statement explaining to the general public the benefit of the
proposed vacation ☒
Addressing Checklist ☒
Affidavit of Authorization ☒
Proof of Ownership, including a copy of the fee simple deed ☒
Property Owner Disclosure form ☒
Proof of current paid state and county taxes for subject parcel. ☒
Site Plan, in 8 ½ in. X 11 in. format ☒
Sketch and Legal Description, signed & sealed, showing what is to be vacated, in 8 ½ in. X
11 in. format and labeled (in bold) “Exhibit A” ☒
Assessment map depicting area of proposed vacation ☒
List of abutting and other property owners within 250 feet of the proposed vacation
including their address and parcel number ☒
Copy of Recorded Plat, if applicable ☐
Replacement easement documentations, if applicable ☐
If replacement easement is required by Collier County, provide a current attorney’s Title
Opinion or ownership & encumbrance report by a title company ☐
Copy of the document that granted, conveyed, or dedicated the easement to the County or
public (For AVESMT only) ☐
Copy of document which granted, conveyed or dedicated the Right -of-Way to the County or
public (For AVROW only) ☐
Reason for Request (For AVROW only) ☐
Real Property Transfer Information Sheet ☐
Copy of recorded easement to any other State/Federal agency (SFWMD, FDEP, ACOE) and
correspondence (for conservation easements only) ☐
Letters of No Objection, as applicable:
Electric Company / Florida Power and Light Naples Service Center
1220 5th Ave North
Naples, FL 34102 Phone: 239-262-1322
☐
Century Link/Lumen
ATTN: Kenneth Stinnett Email: Kenneth.stinnett@Lumen.com
ATTN: Sherlene Clevenger Email: Sherlene.clevenger@Lumen.com
3530 Kraft Road, Naples, FL 34105 Phone: 239-263-6234
☐
Collier County Sherriff’s Office / Legal Department
ATTN: Michael Hedberg
3319 E Tamiami Trail, Naples, FL 34112 Phone: 239-252-0660
☐
Greater Naples Fire and Life Safety
ATTN: Shawn Hanson, Deputy Chief
2700 N Horseshoe Drive, Naples, FL 34104 Phone: 239-774-2800
☐
Submittal Requirement Checklist
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Writer’s Email:
ryovanovich@cyklawfirm.com
February 10, 2026
TECO Gas
Briana Velez
BVelez@tecoenergy.com
RE: Folio#00153160004 Roadway Easement Vacation
Dear Management,
Please allow this correspondence to serve as a request for a Letter of No Objection to vacate the easement
over the thirty (30) feet of the south line of the northeast quarter of Section 15 easement, recorded in
Official Records 238, Page 913 which is a portion of a sixty (60) foot wide roadway easement. For your
reference, please find enclosed a copy of a survey indicating the area to be vacated.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we are requesting that
you return your Letter of No Objection as soon as possible. Pursuant to the requirements of the County’s
Petition for Vacation of Roadway Easement, we are requesting that you sign below, as written indication
of No Objection to the Vacation of the Roadway Easement and return to our office via email to
dquintanilla@cyklawfirm.com.
Thank you in advance for your prompt response. Upon your receipt and review, should you have any
questions or require additional information, please do not hesitate to call our office.
Sincerely,
/s/ Richard D. Yovanovich
Richard D. Yovanovich, Esq.
I have no objection to the proposed roadway easement vacation described above.
Signed and dated this_____________day of________________________, 2026
By:_______________________________________________, Title_______________________
Printed Name: ______________________________________
1202
Teco Peoples Gas Admin Speacialist 1
Briana Velez,
Page 3428 of 6641
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:12/18/20251" = 150'20201093-0001 of 1Civil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, LLC3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380GradyMinora Pape-Dawson companyIMPERIAL LAKESLYING INCOLLIER COUNTY, FLORIDASECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST 25-20201093-000-SLLEGEND*NOT A SURVEY*NOTES:KJGTBSSKETCH AND DESCRIPTIONPOBPROPERTY DESCRIPTIONPage 3429 of 6641
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2/26/26
Coleman, Yovanovich & Koester, P.A.
ATTN: Dianna Quintanilla
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
No Reservations/No Objection
SUBJECT: Vacation of a Portion of the 60’ wide Roadway Easement over the 30' of the
South line of the Northeast quarter of section 15, Collier County, Florida
To Whom It May Concern:
CENTURYLINK OF FLORIDA, INC d/b/a CENTURYLINK (“CenturyLink”) has reviewed the
request for the subject vacation and has determined that it has no objections with respect to the
areas proposed for vacation as shown and/or described on Exhibit “A”, said Exhibit “A” attached
hereto and incorporated by this reference.
It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to
any other existing easement or rights we have on this site or in the area.
This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are
found and/or damaged within the vacated area as described, the Applicant will bear the cost of
relocation and repair of said facilities. If you have any questions, please contact Briana Salles at
(361) 652-8608, Briana.Salles@lumen.com , or nre.easement@lumen.com.
Sincerely yours,
Briana Salles
Network Infrastructure Services
Lumen
P869156
Page 3437 of 6641
Exhibit A
Page 3438 of 6641
January 22nd 2025
Attn: Dianna Quintanilla
RE- Vacation of Easement - Imperial Lakes Folio#00153160004 Roadway Easement Vacation -
Section 15 easement, recorded in Official Records 238, Page 913
Dear Dianna,
Thank you for contacting Comcast regarding your proposed vacation. This is to inform
you that Comcast does not have facilities within the site’s development area and Comcast has
no objection to the vacation, providing that any of Comcast facilities that are in need of being
relocated be paid for by the customer and Comcast is granted new easements.
It is the intent and understanding of Comcast that this vacation shall not reduce our
rights to any other existing easement or rights we have on this site or in the area. This vacation
response is submitted WITH THE STIPULATION that If Comcast facilities are found and/or
damaged within the area as described, the applicant will bear the cost of repairs or relocation of
said facilities.
If you have any further questions or concerns, please do not hesitate to contact me at
(574) 808-8943.
Sincerely,
Christopher Plank
Construction Manager SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
574-808-8943
Christopher_Plank@Comcast.com
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Agreement ~ Imperial Lakes PUDA
Castlewood ~ N.A. Realty Trust
Page 1 of 4
AGREEMENT
THIS AGREEMENT is entered into this _____ of March 2026, by and between N.A.
Realty Trust, Inc., its successors and assigns, with an address of 8156 Fiddler’s Creek Parkway,
Naples, Florida 34114 (hereinafter collectively referred to as “Developer”), and Castlewood at
Imperial Homeowner’s Association, Inc., its officers, directors and homeowners (hereinafter
collectively referred to as “Castlewood”). The Developer and Castlewood are hereinafter referred
to as the “Parties”, and each a “Party.”
R E C I T A L S
WHEREAS,the Developer is the Owner of the property west of the Castlewood
development, and the Developer desires to vacate a 30-foot roadway easement along the south line
of the northwest ¼ of Section 15, recorded in Official Records Book 238, Page 913, Public Records
of Collier County, Florida. The Developer on December 30, 2025, requested a Letter of No
Objection signed by Castlewood providing no objection to the vacation of the above referenced
roadway easement. Copy of this Letter of No Objection with attached easement description is
attached hereto as Exhibit “A”; and
WHEREAS,the Developer has presented to Castlewood an aerial depicted on Exhibit
“B” attached, which includes a cross hatched area upon which the Developer of the Imperial Lakes
project has agreed not to construct any structures higher than two-story single family homes (and
to avoid any confusion there will be no multi-story condominium buildings constructed in this
hatched area). Subject to receipt of an executed Letter of No Objection (“LONO”) (see Exhibit
“A” attached) executed and delivered before EOB March 4, 2026, the Developer will file with the
Collier County Planning Commission on March 5, 2026, as an addition to the existing Imperial
Lakes PUDA, and then again on April 28th a presentation will be made in front of the Collier
County Board of County Commissioners meeting, also including the Amendment to the Imperial
Lakes PUDA depicting this cross hatched area to be restricted for the construction of only no
higher than two-story single family homes.
NOW THEREFORE, the Parties, in consideration of the foregoing recitals, the promises
contained in this Agreement and other valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, agree as follows:
1.Incorporation of Recitals. The above recitals are true, correct, and incorporated herein by
reference.
2.Each Party to this Agreement represents and warrants that said Party has the full right,
power, legal capacity and authority to enter into and perform the respective obligations hereunder
and that such obligations shall be binding upon such Party without the requirement of the approval
or consent of any other person, homeowner, or entity in connection with this Agreement.
3. Castlewood hereby agrees to execute the attached LONO, and delivery same to the
Developer simultaneously with the execution of this Agreement. Upon the Developer’s receipt of
4th
Docusign Envelope ID: 070CA2DE-9107-435F-860B-7301C2B95B08
Page 3444 of 6641
Agreement ~ Imperial Lakes PUDA
Castlewood ~ N.A. Realty Trust
Page 2 of 4
the executed LONO and Agreement, the Developer agrees to present the aerial depicted on Exhibit
“B” (which includes a cross hatched area upon which the Developer of the Imperial Lakes project
has agreed not to construct any structures higher than two-story single family homes) to the Collier
County Planning Commission on March 5, 2026, as an addition to the existing Imperial Lakes
PUDA, and then again on April 28th in its presentation before the Collier County Board of County
Commissioners.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT AND FULLY
UNDERSTAND IT AND REPRESENT AND ACKNOWLEDGE THAT NO PROMISE OR
AGREEMENT NOT EXPRESSED IN THE WRITTEN TERMS OF THIS AGREEMENT
HAS BEEN MADE TO THEM AS AN INDUCEMENT TO ENTER INTO THIS
AGREEMENT. FURTHER, THE UNDERSIGNED PARTIES ACKNOWLEDGE THAT
THEY ARE FULLY INFORMED AS TO THE TERMS AND EFFECT OF THE
AGREEMENT AND ACKNOWLEDGE THAT THEY HAVE NOT BEEN COERCED OR
MISLED INTO EXECUTING IT.
Castlewood at Imperial Homeowner’s
Association, Inc., a Florida Corporation
By:
Print Name: Ronald Anderson
Title: As President
N.A. Realty Trust, Inc., a Florida Corporation
By:
Print Name: Joseph Livio Parisi
Title: As Vice President
[The Remainder of this Page is Intentionally Left Blank]
[Exhibits to Follow]
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Agreement ~ Imperial Lakes PUDA
Castlewood ~ N.A. Realty Trust
Page 3 of 4
EXHIBIT “A”
CASTLEWOOD LETTER OF NO OBJECTION
[ATTACHED]
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Agreement ~ Imperial Lakes PUDA
Castlewood ~ N.A. Realty Trust
Page 4 of 4
EXHIBIT “B”
IMPERIAL LAKES AERIAL [CROSS-HATCHED]
[ATTACHED]
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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
Page 3453 of 6641
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
Page 3454 of 6641
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]
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O10Page 3455 of 6641
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)
90Page 3456 of 6641
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
0Page 3457 of 6641
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]
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Ode)Page 3458 of 6641
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
Page 3459 of 6641
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
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Page 3460 of 6641
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#
JPage 3461 of 6641
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-Revieweview
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]
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t)Page 3462 of 6641
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]
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vPage 3463 of 6641
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
GA0Page 3464 of 6641
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]
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Page 3465 of 6641
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
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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.
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