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File #: ID 25-4931    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/19/2025 In control: City Council
On agenda: 12/8/2025 Final action: 12/8/2025
Title: Resolution - Utility Easement Vacation (LV-25-000138) Request to Vacate Chipley Street Right-of-Way (ROW) Located Between 336 and 348 Colonial Avenue, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Attachments: 1. Resolution 25-57, 2. Staff Report, 3. Application, 4. Title Opinion, 5. Email Correspondence - Survey Issue Resolved, 6. Survey - 4/28/2022, 7. Survey - 10/9/2001, 8. Email - Easement, 9. Boundary Survey - 4/28/2022, 10. Notice of Publication

Agenda Item: 15(a)

Prepared By: Mary P. Holden, Planning Manager

Business: Resolution

Department: Community Affairs/Growth Management

Subject:

Title

Resolution - Utility Easement Vacation (LV-25-000138) Request to Vacate Chipley Street Right-of-Way (ROW) Located Between 336 and 348 Colonial Avenue, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management

Body                     

 

PROJECT DESCRIPTION:

 

The request is to vacate the Chipley Street Right-of-Way that is approximately 6,877 square feet, and located between 336 and 348 Colonial Ave.  The Chipley Street Right-of-Way was dedicated to the public pursuant to the Marco Beach Unit Twelve Plat recorded in Plat Book 6, Page 87 of the Collier County Public Records.  Please find the application and information attached.

 

SUMMARY OF THE NOVEMBER 7, 2025, PLANNING BOARD MEETING AND RECOMMENDATION:

 

The Planning Board considered this request at their November 7, 2025 meeting.  There was discussion regarding ownership of the Right-of-Way.  After discussion the Planning Board voted 6-1 to forward a recommendation of approval for the Right-of-Way vacation with the following conditions:

 

1.                     Conditional Approval: City Council’s approval of the Chipley Street Right-of-Way vacation will be contingent upon the property owners completion of the sidewalk, construction of the exfiltration swale, and installation of sod.

2.                     Construction Bond: A $25,000 public payment and performance bond, guaranteeing completion of these improvements, must be provided to the City no later than sixty (60) days of approval of the Resolution  granting the vacation. The bond will remain in effect until the City confirms successful completion of the improvements required pursuant to the Resolution.

3.                     Permit Requirement: Following approval of the Resolution, the property owners, or their contractor, must obtain a right-of-way permit from the City for the improvements. The permit will specify City construction standards and inspection requirements.

4.                     One-Year Deadline: If the improvements are not completed within one year of  the City Council’s approval of the Resolution, the City will draw on the bond to complete the work.

5.                     The property owners shall record a unity of title with Collier County by both owners, tying the additional land to their respective properties, and a copy of the recorded unity of titles is provided to the City no later than sixty (60) days following approval of the Resolution. 

 

FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.

 

PUBLIC NOTICE REQUIREMENTS: Not less than two weekly issues.

 

NOTICE APPEARANCE DATE(S): November 20 & 28, 2025

 

RECOMMENDATION:  Approve Resolution 25-57 with the listed conditions.

 

POTENTIAL MOTION: Move to approve Resolution 25-57 with the listed conditions.