Legislation Details

File #: ID 26-5854    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 9/21/2026 In control: City Council
On agenda: 10/5/2026 Final action:
Title: Resolution - Utility Easement Vacation (LV-26-000019) Request to Vacate the Utility Easements Along the Common Lot Lines for Property Located 531 and 541 S. Collier Blvd., Marco Island, FL 34145 – Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Attachments: 1. RESOLUTION 26-64, 2. Staff Report, 3. Application, 4. Title Opinion, 5. Applicant Correspondence 3/17/26, 6. LCEC Letter of No Objection, 7. Modified Letter of No Objection, 8. Legal Notice Affidavit
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Agenda Item: 13(a)

Prepared By: Mary P. Holden, Planning Manager

Business: Resolution

Department: Community Affairs/Growth Management

Subject:

Title

Resolution - Utility Easement Vacation (LV-26-000019) Request to Vacate the Utility Easements Along the Common Lot Lines for Property Located 531 and 541 S. Collier Blvd., Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management

Body                     

 

BACKGROUND: 

PROJECT DESCRIPTION:

 

The request is to vacate the utility and drainage easements along both sides of the common lot line between 531 and 541 S. Collier Blvd.  The application, plans and approval letters from the various utility companies are attached.

 

PLANNING BOARD SUMMARY AND RECOMMENDATION:

 

The Planning Board considered this request at their September 4, 2026 meeting.  It was noted the LCEC letter was set to expire in the coming days.  There was discussion about the need to go through the process and, as reiterated in the past, a plat note on the record plat does not vacate a utility easement. The authority to vacate an easement lies with the respective utility companies, and the City Council.  It was requested that a condition be added that the applicant be responsible for the costs associated with relocation of any utilities.  After discussion, the Planning Board voted 5-0 to forward a recommendation of approval to the City Council with the two added conditions of

 

1.                     Planning Board and City Council approval is required.  This condition is deemed met upon approval by the City Council.

2.                     Provide a copy of a recorded unity of title no later than thirty (30) days after approval by the City Council, and prior to the issuance of building permits for 531 and 541 S. Collier Blvd., Marco Island, FL 34145.

3.                     Provide an updated LCEC letter indicating no objection. (This has been satisfied)

4.                     Applicant is responsible for the cost associated with the relocation of any utilities.

 

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): September 17 & 24, 2026

 

RECOMMENDATION:

 

Approve resolution 26-64 with the listed conditions.

 

POTENTIAL MOTION:

 

 “I move to approve Resolution 26-64 with the listed conditions.”