Agenda 01/12/2016 Item #16A24 1/12/2016 16.A.24.
EXECUTIVE SUMMARY
Recommendation to accept the fee-simple conveyance of the Oak Drive right-of-way to Collier
County, authorize the recording of the Warranty Deed in the public records, and accept the
maintenance responsibility for said right-of-way.
OBJECTIVE: To accept the fee-simple conveyance and maintenance responsibility of the Oak
Drive right-of-way.
CONSIDERATIONS: Just as the Board of County Commissioners has accepted the road
rights-of-way dedicated to the perpetual use of the public in the Riverwood subdivision plats, as
well as the maintenance responsibility for the roadways, pursuant to Resolutions 90-204, 92-382,
15-156, 15-157, 15-158, 15-159 and 15-163 (Riverwood Road, Rookery Road, Audubon Road,
Lake Diane Drive, Beverly Drive, Twin Palms Drive and Island Lake Lane), the Riverwood
Estates Homeowners Association is requesting that the County assume the responsibility for
maintenance of the Oak Drive right-of-way.(see request letter). Oak Drive is a short roadway
located at one of the entrances into the Riverwood community, off of Manatee Road.(see
location map).
Unlike the other roadways in the Riverwood community, Oak Drive was not previously
dedicated to the perpetual use of the public in an approved subdivision plat, because it is located
primarily within the unrecorded subdivision of Riverwood Unit Three. However, in the event
that the Beverly Drive public right-of-way must be closed temporarily for maintenance and
repair, traffic to and from Manatee Road, in and out of the Riverwood community should be
routed through Oak Drive; and in order for the County's Road Maintenance Division to do so,
Oak Drive must be conveyed to the County as a public roadway. As fee simple owner of the Oak
Drive right-of-way, the County will also assume maintenance responsibility for the right-of-way.
GMR Corp. of Naples, Inc., a dissolved corporation, is the current fee simple owner of the Oak
Drive right-of-way, and has agreed to convey the roadway to the County.
According to the Growth Management Department's Road Maintenance Division, the
improvements within the Oak Drive right-of-way currently meets minimum County standards.
FISCAL IMPACT: There is no initial fiscal impact associated with this recommendation. The
Riverwood Estates Homeowners Association will pay for the recording of the Warranty Deed in
the public records.
However, there will be long term fiscal impacts. Open swale drainage requires periodic
inspections and system cleaning on a seven to twelve year basis at an estimated cost of$5,000.00
per cycle (for all of the rights-of-way within the entire Riverwood community). New residential
roadway construction or resurfaced roadway has a useful life of approximately 15 to 20 years
before any incremental costs are required for repairs or replacement.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: Accept the fee-simple conveyance and maintenance responsibility of
the Oak Drive right-of-way by Warranty Deed.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Division, Growth Management Department
Attachments:
1) Request from Riverwood Estates Homeowners Association
2) Location Map
3) Warranty Deed
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to accept the fee-simple conveyance of the Oak Drive
right-of-way to Collier County, authorize the recording of the Warranty Deed in the public
records, and accept the maintenance responsibility for said right-of-way.
Meeting Date: 1/12/2016
Prepared By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
12/2/2015 2:36:02 PM
Submitted by
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Name: HendricksKevin
12/2/2015 2:36:03 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 12/2/2015 3:55:19 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 12/3/2015 7:28:01 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 12/4/2015 8:27:50 AM
Name:KearnsAllison
Title: Manager-Financial&Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
Date: 12/14/2015 11:18:29 AM
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Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 12/15/2015 4:33:59 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 12/16/2015 2:46:43 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 12/22/2015 10:38:12 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 12/22/2015 1:48:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/28/2015 9:56:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/28/2015 11:55:44 AM
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Prepared by and return to:
Tyra N.Read,Esquire
Becker&Poliakoff,P.A.
12140 Carissa Commerce Court,Suite 200
Fort Myers,FL 33966
Parcel Identification No.N/A
(Space Above This Line For Recording Data)
AFFIDAVIT
Corporation-Winding Up Corporate Business
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and
administer oaths, personally appeared Esther L. Goodacre ("Affiant"), who deposes and says under
penalties of perjury that:
1. This affidavit is made with regard to the following described property:
See Exhibit"A"attached hereto
2. Affiant is the sole surviving director of GMR, Corp. of Naples, a Florida dissolved
corporation("Corporation"). Said corporation was dissolved on March 28, 1988.
3. The Corporation took title by deed recorded on February 13, 1969 in Official Records
Book 301,Page 434,Public Records of Collier County,Florida of the property described in item 1 above.
The dissolved corporation is now conveying the property described in item 1 above to Collier County, a
political subdivision of the State of Florida.
4. The deed from the dissolved corporation to Collier County is for the purpose of winding
up and liquidating the corporation's business and affairs.
5. Pursuant to Florida Statutes, Affiant executed the deed referenced in item 4 above as the
sole surviving director of the Corporation,as trustee thereof.
/ ,
Esther L.Goodacre
State of Florida
County of Collier
Sworn to, affirmed, and subscribed before 'm 'this > day of November, 2015, by Esther L.
Goodacre,who [ j is personally known or[ n produc d 1� " identification.
Nnffk,
[Notary Seal] Notary Public
Printed Name: C,k,42.,k ' S tJ U
r1��0��, 4�� MICHELE D.S7�s My Commission Expires:
_: �'a MV_COMMISSION B FF241007
. BoridEeM Gt9,21ken
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Exhibit"A" -Legal Description
Beginning at the Southeast corner of Lot 19,Block`B",Riverwood Unit Two as recorded in Plat
Book 10, Page 90 of the Public Records of Collier County, Florida, run South 0° 39' 34" West
110.00 feet along the West boundary of Oak Drive; thence South 89° 20' 26" East 85.00 feet
along the North boundary of County Road No. 31 to a point of curve; thence Northwesterly
39.27 feet along the arc of a curve concave to the Northeasterly, radius 25.00 feet, central angle
90° 00' 00" to a point of tangency; thence North 0° 39' 34" East 155.00 feet along the East
boundary of Oak Drive;thence North 89° 20' 26" West 60.00 feet;thence South 0° 39' 34"West
70.00 feet along the West boundary of Oak Drive to the Point of Beginning.
•
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Prepared by and return to:
Tyra N.Read,Esquire
Becker&Poliakoff,P.A.
12140 Carissa Commerce Court,Suite 200
Fort Myers,FL 33966
Parcel Identification No.N/A
Consideration Paid:$10.00
[Space Above This Line For Recording Data]
THIS INSTRUMENT PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION
Warranty Deed
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 5.4 day of November,2015 between GMR,Corp.of Naples,a Florida dissolved entity,
whose post office address is 3831 1"Avenue NW,Naples,Florida 34120-2713 of the County of Collier, State of Florida,
grantor*, and Collier County, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami
Trail East,c/o the office of the County Attorney, Suite 800,Naples,Florida 34112 of the County of Collier, State of Florida,
grantee.*
Witnesseth,that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate,lying and being in Collier County,Florida,to-wit:
See Exhibit"A"attached hereto
Subject to taxes for 2015 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons
whomsoever.
*"Grantor"and"Grantee"are used for singular or plural,as context requires.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
'I illl , GMR,Corp.of Naples,a Florida dissolved entity
11 Jnr\ifY ess
Ita ran
Print/Type Name of Witness#1 By: (> 12 0D 1 •. • P e -
Esther L.Goodacre,as the sole surviving director of said
entity
and
as trustee of said entity in accordance with Florida
(I\Z.,1/49.k, Statutes
Witness#
Print/Type Name of Witness#2
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State of Florida
County of Collier
The foregoing instrument was ac•+ wledged before me this �� day of November, 2015, by Esther L. Goodacre,
who[,is personally known or j has produced L.IZ'2I4 aas id tification..
[Notary Seal] Notary Pub is
Printed Name: - j
Pits MGMELED.STUBBS °; My Commission Expires:
*: ,�, ma MY COMMISSION It FF 241007 i•'�YJ) 4
€xT EXPIRES:August 9,2019
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Exhibit"A"-Legal Description
Beginning at the Southeast corner of Lot 19, Block`B", Riverwood Unit Two as recorded in Plat Book 10,Page
90 of the Public Records of Collier County, Florida, run South 0° 39' 34" West 110.00 feet along the West
boundary of Oak Drive;thence South 89°20' 26"East 85.00 feet along the North boundary of County Road No.
31 to a point of curve; thence Northwesterly 39.27 feet along the arc of a curve concave to the Northeasterly,
radius 25.00 feet,central angle 90° 00' 00"to a point of tangency;thence North 0°39' 34"East 155.00 feet along
the East boundary of Oak Drive;thence North 89° 20' 26" West 60.00 feet;.thence South 0° 39' 34"West 70.00
feet along the West boundary of Oak Drive to the Point of Beginning.
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RIVERWOOD ESTATES HOMEOWNERS ASSOCIATION INC.
do Guardian Property Management
6704 Lone Oak Blvd
Naples,FL 34109
December 2, 2015
VIA E-MAIL ONLY: ScottStone @colliergov.net
Scott A. Stone, Esq.
Assistant County Attorney
Collier County Attorney's Office
3299 Tamiami Trail East, Suite 800
Naples, FL 34112-5749
Re: Request to Accept Ownership and Maintenance of Oak Drive
Dear Mr. Stone:
Please accept this letter as a formal request for Collier County to accept ownership of and
maintenance responsibility for the property described in the attached Warranty Deed, which
property is commonly referred to as "Oak Drive." As you are aware, Oak Drive is the only road
within the Riverwood Estates community that has not been either platted and dedicated to the
public or conveyed to the County and thereafter accepted for maintenance purposes. The
following is a summary of the County's acceptance of all other roads within the Riverwood
Estates community for maintenance purposes:
• The roads platted by the Riverwood Unit One subdivision plat (Plat Book 8, Page 53)
were dedicated to the public and the plat was approved by the Collier County Board of
County Commissioners in 1969. The BOCC accepted the roads platted by the Riverwood
Unit One subdivision plat for maintenance purposes on December 5, 1978.
• The roads platted by the Riverwood Unit Two subdivision plat (Plat Book 10, Page 90)
were dedicated to the public and the plat was approved by the Collier County Board of
County Commissioners on January 11, 1972. The BOCC accepted the roads platted by
the Riverwood Unit Two subdivision plat for maintenance purposes on September 8,
2015 by Resolution 15-159.
• The roads platted by the Riverwood East subdivision plat (Plat Book 13, Page 13) were
dedicated to the public and the plat was approved by the Collier County Board of County
Commissioners on January 20, 1981. The BOCC accepted the roads platted by the
Riverwood East subdivision plat for maintenance purposes on September 8, 2015 by
Resolution 15-156.
• The roads platted by the Riverwood East No. 2 subdivision plat (Plat Book 13, Page 112)
were dedicated to the public and the plat was approved by the Collier County Board of
County Commissioners on April 2, 1985. The BOCC accepted the roads platted by the
Riverwood East No. 2 subdivision plat for maintenance purposes on September 8, 2015
by Resolution 15-157.
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• The roads platted by the Riverwood East No. 3 subdivision plat (Plat Book 14, Page 90)
were dedicated to the public and the plat was approved by the Collier County Board of
County Commissioners on December 9, 1986. The BOCC accepted the roads platted by
the Riverwood East No. 3 subdivision plat for maintenance purposes on September 8,
2015 by Resolution 15-158.
• The roads platted by the Riverwood East No. 4 subdivision plat (Plat Book 15, Page 56)
were dedicated to the public and the plat was approved by the Collier County Board of
County Commissioners on January 17, 1989. The BOCC accepted the roads platted by
the Riverwood East No. 4 subdivision plat for maintenance purposes on April 10, 1990
by Resolution 90-204.
• The roads platted by the Riverwood East No. 4, Phase II subdivision plat (Plat Book 17,
Page 54) were dedicated to the public and the plat was approved by the Collier County
Board of County Commissioners on August 7, 1990. The BOCC accepted the roads
platted by the Riverwood East No. 4, Phase II subdivision plat for maintenance purposes
on July 21, 1992 by Resolution 92-382.
• The roads platted by the Riverwood East No. 4, Phase III subdivision plat (Plat Book 18,
Page 50) were dedicated to the public and the plat was approved by the Collier County
Board of County Commissioners on March 5, 1991. The BOCC accepted the roads
platted by the Riverwood East No. 4, Phase III subdivision plat for maintenance purposes
on July 21, 1992 by Resolution 92-382.
• The portion of Audubon Road conveyed to the County by the deed recorded in Official
Records Book 1099, Page 365 and the portion of Riverwood Road conveyed to the
County by the deed recorded in Official Records Book 1099, Page 366 was accepted by
the County for maintenance purposes on September 8, 2015 by Resolution 15-163.
It is my understanding that, with delivery of this letter together with the original executed
Warranty Deed and Affidavit, copies of which are enclosed herewith, the County Attorney's
Office will recommend placing this request on the January 12, 2016 Collier County Board of
County Commissioner's agenda for consideration. I would ask that you please confirm that this
is an accurate statement. Upon receipt of confirmation, I will make certain that the original
executed Warranty Deed and Affidavit, together with a check for $45.50 made payable to the
Collier County Clerk of Court, are delivered to Kevin Hendricks prior to the January 12 meeting.
Your continued assistance with this matter is greatly appreciated.
Very Truly Yours,
David Huff, President
On Behalf of the Board of Directors
Enclosures (as stated)
cc: Kevin Hendricks, Right-of-Way Acquisition Manager (via e-mail only w/ enc.:
KevinHendricks @colliergov.net)
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