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Agenda 03/08/2016 Item #16A 9 3/8/2016 16.A.9. EXECUTIVE SUMMARY Recommendation to accept the Fee Simple conveyance of portions of the existing Livingston Road right-of-way located in Sections 24 and 25,Township 49 South,Range 25 East. OBJECTIVE: To accept the fee simple conveyance of portions of the existing Livingston Road right-of-way located in Sections 24 and 25, Township 49 South, Range 25 East. CONSIDERATIONS: Portions of property currently owned by Halstatt, LLC, a Delaware limited liability company ("Halstatt"), are encumbered by the easement interests of Collier County previously acquired by virtue of plat dedication (Tracts "F" and "G" dedicated to the perpetual use of the public and Collier County in the subdivision plat of Grey Oaks, Unit Three, as recorded in Plat Book 20, Pages 30 through 37, Collier County, Florida) and the recorded Grant of Easement to Collier County (0. R. Book 803, Page 1843, Public Records of Collier County, Florida.) Halstatt now wishes to divest itself via Special Warranty Deed to Collier County of the fee interest in that portion of the Livingston Road right-of-way encumbered by Collier County's easements. FISCAL IMPACT: There is no initial fiscal impact associated with this recommendation. Halstatt will pay directly to the Collier County Clerk of Courts any sums due for recording fees and documentary stamp taxes. Estimated Appraised Value is $3,000. 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. - ERP RECOMMENDATION: To accept by Special Warranty Deed the fee simple conveyance of those certain portions of the existing Livingston Road right-of-way currently owned by Halstatt and encumbered by Collier County's easements. Prepared By: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering Division, Growth Management Department Attachments: 1) Location Map 2) Special Warranty Deed Packet Page -320- 3/8/2016 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to accept the Fee Simple conveyance of portions of the existing Livingston Road right-of-way located in Sections 24 and 25,Township 49 South, Range 25 East. Meeting Date: 3/8/2016 Prepared By Name: FarrisDeborah Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management 1/29/2016 11:39:10 AM Approved By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering& Construction Management Date: 1/29/2016 2:58:55 PM Name: GossardTravis Title: Division Director-Road Maintenance, Road Maintenance Date: 2/1/2016 8:58:58 AM Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 2/1/2016 10:19:01 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 2/8/2016 9:51:23 AM Name: KearnsAllison Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 2/10/2016 8:41:19 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 2/16/2016 8:28:06 AM Packet Page -321- 3/8/2016 16.A.9. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/16/2016 2:42:18 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/17/2016 1:55:54 PM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Management&Budget Date: 2/25/2016 6:26:37 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 2/28/2016 4:27:25 PM Packet Page -322- 3/8/2016 16.A.9. _ 1 I ,'Id,,;'. J COLLIER COUNTY •+�; - �� �1 O.R. PAGE 697 r, ,---1 1 COLDER COUNTY ---"1 f• O.R.2064 PAGE 1152 �• '� i PARCEL I 4:::+4 1. I ' n :44::: ;410, \ -\\ 1 OA.'1,,„, f lit*. 1 , St I , OIL PARCEL LOCATION MAP �; i •r S--. C\ 11111111 MN #; / , -i _ �_ �_ 1,�`^+�70,E4,,,,i.:207u49NTy 1 - ������JJJfff t— AG, \�AGE 697 PARCEL 2 -h4/ 1 1111 C —....... I I 7-PARCEL 3 ' r 1 I T__/) - ', COLLIER COUNTY O.R.2427 "1 PAGE 2131 \ I NOT ASURVEY *" SKETCH OF LANDS OWNED BY HALSTATT,LLC lI WITHIN LIVINGSTON ROAD -. �.-1' RICH-OF-WAY Packet Page -323- 3/8/2016 16.A.9. PROJECT: 99999 (Misc— Livingston Road) PARCEL No(s): 359FEE1 / 359FEE2 FOLIO No(s): 47790008757 and 47790009002 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this day of January, 2016, by HALSTATT, LLC., a Delaware limited liability company successor by conversion to Halstatt Partnership, a Florida General Partnership,whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105, (hereinafter referred to as "Grantor") to 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 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: Parcel 1: Tracts "F" and "G", Grey Oaks Unit Three, as recorded in Plat Book 20, Pages 30 through 37, Collier County, Florida. Parcel 2: The East one hundred five feet (105') of that portion of Section 24, Township 49 South, Range 25 East, lying South of Tract "G" per the plat of Grey Oaks Unit Three, as recorded in Plat Book 20, Pages 30 through 37, Collier County, Florida. Parcel 3: The East one hundred five feet (105') of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying north of the Northerly right-of-way line of Golden Gate Parkway. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record. THIS IS NEITHER HOMESTEAD PROPERTY NOR CONTIGUOUS THERETO. Packet Page -324- 3/8/2016 16.A.9. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against no others. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: HALSTATT, LLC, a Delaware limited liability company • By: , Kathbrine G. Sproul, as Presi•- t (Signature) p ,� Pamela M.Walkup (Print Full Name) u Ail . C1 bet- (Signature) ' fJ ( l1O / 1 . dlivr� (Print Full Name) Last Revised: 10/15/10 Packet Page -325- cA 3/8/2016 16.A.9. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Special Warranty Deed was acknowledged before me this a5 ' day of January, 2016, by Katherine G. Sproul, as President of Halstatt, LLC, a Delaware limited liability company successor by conversion to Halstatt Partnership, a Florida General Partnership, on behalf of the company, who: / is personally known to me OR produced as proof of identity. (affix notarial seal) /4D.4t.Q&c/ (Signature of Notary ublic) /A,v.E L. I//6 vim/ 0 DIANELVIGNERI (Print Name of Notary Public) "__ MY COMMISSION#EE 200820 =a•,� EXPIRES:July 13,2016 87.1 Bonded Thu Notary Public Underwdters Serial / Commission # (if any): EE.2o08020 My Commission Expires: JoLy 73 .7.-ai(0, Approved as to form and legality: A iJ tar I4I Assistant ounty Attorney Last Revised: 10/15/10 Packet Page -326- Cq