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Agenda 01/12/2016 Item #16A25 1/12/2016 16.A.25. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Wentworth Estates Community Development District (CDD) , in order to reconvey to the CDD all irrigation utility facilities associated with the development project at Treviso Bay Roadway, PL2004080032, which were previously erroneously conveyed to the County. OBJECTIVE: To correct the erroneous conveyance of irrigation utility facilities to the County for the Treviso Bay Roadway development project. CONSIDERATIONS: The Utility Facilities Warranty Deed and Bill of Sale from Wentworth Estates Community Development District, recorded on September 19, 2007 at OR 4283, PG 0261, and on December 20, 2007 at OR 4314, PG 0139 conveyed potable water, sanitary sewer, and irrigation utility facilities located within Vercelli (Plat Book 48, Pages 11 through 14 of the Public Records of Collier County, Florida), Italia (Plat Book 47, Pages 68 through 70 of the Public Records of Collier County, Florida), Piacere-Pavia (Plat Book 48, Pages 1 through 10 of the Public Records of Collier County, Florida), Lipari-Ponziane (Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida), and Via Veneto (Plat Book 48, Pages 11 through 14 of the Public Records of Collier County, Florida) to the Board of County Commissioners (Board) of Collier County, Florida. These conveyance documents were recorded after preliminary acceptance of the utility facilities for the project, in accordance with the Utility Facility Standards and Procedures Ordinance No. 2004-31. However, prior to the CDD requesting the Board's final approval and acceptance of these utility facilities, the Engineering and Natural Resources Division determined that the irrigation utility facilities should not have been conveyed to the County because it has been past practice for the County not to accept conveyance of private irrigation facilities. Therefore, the attached Quit-Claim Deed will reconvey the County's interest in these irrigation utility facilities back to the CDD, and allow the water and sewer utility facilities for the project to go forward to the Board for final approval and acceptance at a later public hearing. The CDD is aware of the error and has agreed to accept reconveyance of these utility facilities. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management 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—SAS RECOMMENDATION: To approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Wentworth Estates Community Development District (CDD), in order to reconvey to the CDD all irrigation utility facilities Packet Page-769- 1/12/2016 16.A.25. associated with the development project at Treviso Bay Roadway, PL2004080032, which were previously erroneously conveyed to the County. Prepared by: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources Division, Growth Management Department Attachments: 1)Proposed Utility Facilities Quit-Claim Deed and Bill of Sale 2) Original Utility Facilities Warranty Deed and Bill of Sale (OR 4283,PG 0261) 3) Original Utility Facilities Warranty Deed and Bill of Sale (OR 4314, PG 0139) Packet Page-770- 1/12/2016 16.A.25. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.25. Item Summary: Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Wentworth Estates Community Development District (CDD) , in order to reconvey to the CDD all irrigation utility facilities associated with the development project at Treviso Bay Roadway, PL2004080032, which were previously erroneously conveyed to the County. Meeting Date: 1/12/2016 Prepared By Name: AlvarezMelissa Title: Operations Coordinator,Natural Resources 12/4/2015 10:26:00 AM Submitted by Title: Operations Coordinator,Natural Resources Name: AlvarezMelissa 12/4/2015 10:26:01 AM Approved By Name:NagySteve Title:Manager-Wastewater Collection, Wastewater Date: 12/7/2015 12:54:33 PM Name: JohnssenBeth Title: Division Director-Wastewater,Wastewater Date: 12/7/2015 1:34:30 PM Name: Pam Libby Title: Manager-Distribution, Water Date: 12/7/2015 4:03:25 PM Name: KovenskyKenneth Title: Division Director-Operations Support, Operations &Regulatory Management Packet Page-771- 1/12/2016 16.A.25. Date: 12/7/2015 4:20:44 PM Name: Steve Messner Title: Division Director-Water, Water Date: 12/8/2015 9:02:44 AM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 12/9/2015 8:35:48 AM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 12/9/2015 8:36:57 AM Name: LorenzWilliam Title:Division Director-CDES Engineering Svc,Natural Resources Date: 12/14/2015 10:16:39 AM Name: ChmelikTom Title:Division Director-Public Utilities Eng,Public Utilities Engineering Date: 12/14/2015 3:32:31 PM Name: McKennaJack Title:Manager-Engineering Review Services,Natural Resources Date: 12/17/2015 3:59:35 PM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 12/18/2015 10:49:47 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 12/18/2015 4:09:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/21/2015 2:18:30 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 12/22/2015 10:03:52 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Packet Page-772- 1/12/2016 16.A.25. Date: 12/27/2015 12:14:18 PM Packet Page-773- 1/12/2016 16.A.25. This instrument was prepared by Charles Mann,Esquire PAVESE LAW FIRM 1833 Hendry Street Post Office Drawer 1507 Fort Myers,Florida 33902 UTILITY FACILITIES QUIT-CLAIM DEED AND BILL OF SALE THIS INDENTURE made this day of , 2016, between the Board of County Commissioners of Collier County, Florida, as governing body of Collier County and as the Ex- Officio Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Grantor"),and Wentworth Estates Community Development District,6131 Lyons Road,Suite 100, Coconut Creek, Florida 33703, a special purpose unit of local government, Collier County, Florida (hereinafter referred to as"Grantee"). (Wherever used herein the terms "Grantor" and "Grantee"include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged, does hereby remise, release,and quitclaim unto said Grantee forever,all irrigation utility facilities and/or system(s) or portion(s)thereof lying in,on, over and under the following described land, all situate and lying and being in Collier County, Florida,to wit: See Attached Exhibit"A" and said Grantor does hereby remise, release, and quitclaim unto Grantee all the right,title, claim and demand which Grantor has in and to the said irrigation utility facilities and/or system(s) or portion(s)thereof. Grantor and Grantee are used for singular or plural,as the context allows. The purpose of this quit-claim deed and bill of sale is to convey back to Grantee all irrigation utility facilities contained in Official Records Book 4283,at Page 261 and Official Records Book 4314,at Page 139, Public Records of Collier County,Florida. (This conveyance is being made for title purposes only; therefore,only minimum documentary stamp taxes are affixed hereto.) 0 Packet Page-774- 1/12/2016 16.A.25. In Witness Whereof,the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice of said Board,the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS A'I"I hST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk By: By: Tim Nance,Chairman Approved as to form and legality: AA f Scott A. Stone Assistant County Attorney Packet Page-775- t. 1/12/2016 16.A.25. EXHIBIT"A" All County Utility Easements in Tracts R-1 and R-2 contained in Vercelli,according to the map or plat thereof recorded in Plat Book 48,Pages 11 through 14 of the Public Records of Collier County, Florida, Together with: All County Utility Easements in Tract R-2,R-6 and C-4 contained in Italia,according to the map or plat thereof recorded in Plat Book 47,Pages 68 through 70 of the Public Records of Collier County, Florida, Together with: All County Utility Easements in Tract R-2 contained in Piacere-Pavia,according to the map or plat thereof recorded in Plat Book 48, Pages 1 through 10 of the Public Records of Collier County, Florida, Together with: All County Utility Easements in Tracts R-2 and R-9 contained in Lipari-Ponziane,according to the map or plat thereof recorded in Plat Book 47,Pages 80 through 89 of the Public Records of Collier County, Florida, Packet Page-776- • 1/12/2016 16.A.25. 1.-'! 4073756 OR: 4283 PG: 0261 ORIGINAL. RECORDED in OFFICIAL RECORDS of COLLIER CODETI. FL 09/19/2007 at 08:17A1t DWIGHT I. SROCE, CLERI RIC HE 35.50 Retn:JODI PAJEULLO ENGINEERING SVCS DEPT HORSESHOE DRIVE 659-5744 UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this+"day of July, 2007, between Wentworth Estates Community Development District, 6131 Lyons Road, Suite 100, Coconut Creek, Florida 33703,a special purpose unit of local government, Collier County, Florida (hereinafter referred to as "Grantor"), and the Board of County Commissioners of Collier Coun. -1c islalZ3k1 - ,.iami Trail, Naples, Florida 34112, as the governing body of Collier Cott- . f4 s as the Ex-Offict• ‘o,#te ing Board of the Collier County Water-Sewer District, its successors and ass herein fterjeferre. to . "Grantee"). t kr,,T hat said Grantor, for and in n . . .,,, .,,,,,•.- .,t,Y...f T,..! 1,.1 k$10.00) and other good and 4 r. * 1 /L. valuable consideration to said G or in hand paid by d Grante ,the receipt whereof is hereby acknowledged, has granted, barg i ...d sold to the said ra Grantee's heirs, successors, and assigns forever, all pump station, po '. rani . d irrigation utility facilities and/or system(s) or portion(s) thereof lying t�uh P ( ) Y� g �, on, a following described land, for operation, relocation, installation, repair, and/or maintenance of said facilities, system(s) or portion(s) thereof, all situated and lying and being in Collier County, Florida,to wit: All County Utility Easements in Tracts R-1 and R-2 contained in Vercelli, according to the map or plat thereof recorded in Plat Book 48, Pages 11 through 14 of the Public Records of Collier County,Florida, All County Utility Easements in Tract R-2 contained in Italia, according to the map or plat thereof recorded in Plat Book 47, Pages 68 through 70 of the Public Records of Collier County,Florida, Packet Page-777- • 0 • 1/12/2016 16.A.25. All County Utility Easements in Tract R-2 contained in Piacere-Pavia, according to the map or plat thereof recorded in Plat Book 48, Pages 1 through 10 of the Public Records of Collier County, Florida, All County Utility Easements in Tracts R-2 and R-9 contained in Lipari-Ponziane, according to the map or plat thereof recorded in Plat Book 47,Pages 80 through 89 of the Public Records of Collier County,Florida, The easement for ingress, egress,and utilities over, under, and across the lands described in Exhibit A attached hereto as created by that certain Termination of Easement and cv 4-.2 Grant of Easement dated January 28, 2004, and recorded in Official Records Book 3496, o page 3075, et seq. of the public records of Collier County,Florida,the rights under which were subsequently assigned to VK Holdings Treviso Bay, LLC by that Quit Claim Deed (Corrective) dated June 22, 2004, a • to. •t • Official Records Book 3693, page c▪o .C ''�. 2637, et seq., and subsequen J•>. :-• :. Development, LLC by that a Assignment of Easement •.t , ay 22, 2007, and rec. •ed ' Official Records Book © 4232,page 3950,et seq.,/and, The County Utility Easime 1:15p c. 't I T et according to the map or plat thereof recorde • a B B.. , thr g• 1 44 he Public Records of Collier County,Florida, �-. and said Grantor does hereby fully ∎; ..at the title to said u il' aiQii es and/or system(s) or portion(s) thereof, be they realty, personalty, or ,(- • • Gran • •1 tta d such title against all claims of all persons whomsoever. For the purposes o` dnv •- e, the utility facilities, system(s), and/or portion(s) thereof conveyed herein shall not be deemed to convey any lands. Grantor and Grantee are used for singular or plural, as context allows. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate, and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing, and/or otherwise maintaining the above described utility systems thereon. Grantor and Grantee are used for singular or plural,as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. 2 Packet Page-778- • • 411 1/12/2016 16.A.25. GRANTOR: WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT,Collier County,Florida Llr..: _.........-- By: Chris Gray,C r irman STATE OF FLORIDA ) )ss. COUNTY OF COLLIER ) The foregoing document was acknowledged before me by Chris Gray, Chairman of the Board of the %mac■ Wentworth Estates Community Development District, special purpose unit of local government, Collier o County, Florida, on behalf of the District, who is Vpersonally known to me, or who has produced the following type of identification: Q. WITNESS my hand and official seal thisCday of July,2007. � c NI -■ N...V-jR 104IliklAtts, ea, 40,i (9-Ctflt7) (Affix notary seal or stamp) O Notau. • O L'' Print n. : _:�± L _ L. l-kc c �-- —comma ion xpires: i i `1 Prepared by: Jonathan Johnsgn, : . Hopping Green f& _ arm 123 S.Calhoun�9tre- ,'��' 0 Tallahassee,Fl ,,,......4 32301 1....:, ."mon N ''.?-,I.,,[il C 111 -C___:"1/4'37/\)4\''C 3 Packet Page-779- 1/12/2016 16.A.25. 1- s I . r N • f .. EXHIBIT A j aaa ara, ti+ttz a Tan,.•3l/LBL C LY t Ta•-.DtIE7 f!37GSYE A-tr4O • tYSCtr' Cter," 1s E 79347 . Etst[la:or 4, � . F' ...zr. ,..c. - [watt[ nk ffi!� R 4/5.00 ° f1fi CO� L•MAO' - Tat•Tsar `34 sontrAr A.to-Arty i tta44' Rte.. a'°"a." nor _ ast asaL+/ • Ca \ .a �a» } rater or o O / °"t �' • ac `-''- ic A PAM is we athtwip Pi stxatoo Ill.) \\\AS Masa s Off aysexsT s co Dr 'I cannot AT 7 r nom Mk SCAitlm Laud �t A rorS =aaKacAt ._ po r 4AaD/�Yo a otos mow_ mss' �L�� • aro AM A0a a1iT e=47 i . 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St6ECr to Wit`=moos Arm otroomxpo cr obzioit. w% •� • Asa or s florae U;rood yor°r 4 ta6ad.Mows )DI i NSCN -;taault � • w an SBC:IION32,iCZ6 - EWGINEERING u . Packet Page-780- • - 1/12/2016 16.A.25. 4109556 OR: 4314 PG: 0139 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL .R t C3 !AL 12/20/2007 at 02:54P4( DWIGHT E. BROCK, CLERK REC FEE 18.50 Retn:INTER OFFICE EKG SVCS J P HUGHES 252 5744 UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this day of August,2007, between Wentworth Estates Community Development District, 6131 Lyons Road, Suite 100,Coconut Creek, Florida 33703,a special purpose unit of local government, Collier County, Florida (hereinafter referred to as "Grantor"), and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Naples, Florida 34112, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, its successors and assigns(hereinafter referred to as"Grantee"). WITNESSETH : That said Grantor, for and in consideration of the sum of Ten Dollars (S 10.00) and other good and valuable consideration 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, successors, and assigns forever, all pump station, potable water, sanitary sewer, and irrigation utility facilities and/or system(s) or portion(s) thereof lying in, on, over, and under the following described land, for operation, relocation, installation, repair, and/or maintenance of said facilities, system(s) or portion(s) thereof, all situated and lying and being in Collier County,Florida,to wit: All County Utility Easements in Tracts R-6 and C-4 contained in Italia, according to the map or plat thereof recorded in Plat Book 47, Pages 68 through 70 of the Public Records of Collier County,'Florida, and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personally, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s), and/or portion(s) thereof conveyed herein shall not be deemed to convey any lands. Grantor and Grantee are used for singular or plural,as context allows. Packet Page-781- 1/12/2016 16.A.25. *** OR: 4314 PG: 0140 *** TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate, andlor take or introduce materials for the purpose of constructing, relocating, operating, repairing, andlor otherwise maintaining the above described utility systems thereon. Grantor and Grantee are used for singular or plural,as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. GRANTOR: WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT,Collier County,Florida airtn By: Chris Gray,Ch an STATE OF FLORIDA ) )ss. COUNTY OF COLLIER ) The foregoing document was acknowledged before me by Chris Gray, Chairman of the Board of the Wentworth Estates Community Development District, special purpose unit of local government, Collier County, Florida, on behalf of the District, who is Vpersonally known to me, or who has produced the following type of identification: WITNESS my hand and official seal this 1day of Augus , ?007. 1 :G(13 UL-C4,1 (Affx notary,seaLac.sxazup,). ,.•... Notary Iub STACY LEIGH U Print name: t e. L - .c ''f"Y , „ , My Commission Ex res:`-1;g(t t t .00-l. r sonata fin,oces32.4264: Prepared by: Jonas . •�- Hopping Green&Sams 123 South Calhoun Street Tallahassee, Florida 32301 Packet Page-782-