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Agenda 04/26/2016 Item #16A21 4/26/2016 16.A.21 . 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 KE Talis Park Properties, LLC, in order to reconvey to the KE Talis Park Properties, LLC all irrigation utility facilities associated with the development project at Seneca at Talis Park, PL20140001965, which were previously erroneously conveyed to the County. OBJECTIVE: To correct the erroneous conveyance of irrigation utility facilities to the County for the Seneca at Talis Park development project. CONSIDERATIONS: The Utility Facilities Warranty Deed and Bill of Sale from KE Talis Park Properties, LLC (LLC), recorded on February 22, 2016 at OR 5243, PG 3707, conveyed potable water, sanitary sewer, and irrigation utility facilities located within the Plat of Seneca at Talis Park (recorded in Plat Book 55, Page 31) to the Board of County Commissioners (Board), as ex-officio governing board of the Water-Sewer District 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 LLC 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 LLC, 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 LLC 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 KE Talis Park Properties, LLC, in order to reconvey to the LLC all irrigation utility facilities associated with the development project at Seneca at Talis Park, PL20140001965, 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 5243,PG 3707) Packet Page -719- 4/26/2016 16.A.21 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.21. 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 KE Talis Park Properties, LLC, in order to reconvey to the KE Talis Park Properties, LLC all irrigation utility facilities associated with the development project at Seneca at Talis Park, PL20140001965, which were previously erroneously conveyed to the County. Meeting Date: 4/26/2016 Prepared By Name: AlvarezMelissa Title: Operations Coordinator,Natural Resources 3/23/2016 12:01:37 PM Submitted by Title: Operations Coordinator,Natural Resources Name: AlvarezMelissa 3/23/2016 12:01:38 PM Approved By Name: McKennaJack Title: Manager-Engineering Review Services,Natural Resources Date: 3/23/2016 2:58:06 PM Name: LorenzWilliam Title:Division Director-CDES Engineering Svc,Natural Resources Date: 3/24/2016 2:32:58 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/28/2016 9:04:39 AM Name: StoneScott Title: Assistant County Attorney,CAO Land Use/Transportation Packet Page -720- 4/26/2016 16.A.21. Date: 3/28/2016 12:02:47 PM Name: KlatzkowJeff Title: County Attorney, Date:4/4/2016 4:02:12 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date:4/14/2016 10:00:32 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 4/15/2016 3:54:16 PM Packet Page -721- 4/26/2016 16.A.21. Sales Price: $0 Doc Stamps: .70 Prepared without opinion of title by&return to: Sarah H.Grieb,Esq. Roetzel&Andress 850 Park Shore Blvd. Naples,Fl. 34103 239-649-6200 File No: 123996.0071 (Space above for recording information) UTILITY FACILITIES QUIT CLAIM DEED AND BILL OF SALE THIS QUIT CLAIM DEED made this day of , 2016, between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter collectively referred to as "Grantor"), and KE TALIS PARK PROPERTIES, LLC, a Delaware limited liability company, its successors and assigns,(hereinafter referred to as"Grantee"). WITNESSETH: That said 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, hereby quit claims, remises and releases to the said Grantee, and Grantee's heirs, successors and assigns forever, all irrigation facilities located and 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 situate and lying and being in Collier County,Florida,to wit: (See Exhibit"A"attached hereto and incorporated by reference herein.) (Exhibit"B"attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hereby remise, release, and quitclaim to the said Grantee, and Grantee's heirs assigns forever, all the right, title, interest, claim and demand which grantor has in and to the said utility facilities and/or system(s)or portion(s)thereof,be they realty,personalty,or mixed. 9063052_1 Packet Page -722- 4/26/2016 16.A.21. 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 5243, Page 3707, of the Public Records of Collier County, Florida. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by the Board of County Commissioners acting by the Chairman or Vice of said Board, the day and year first above written. GRANTOR: ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock,Clerk COLLIER COUNTY, FLORIDA By: By: DONNA FIALA,CHAIRMAN Approved as to form and legality: kic Scott A. Stone,Assistant County Attorney 010{0 9063052_I t Packet Page -723- ,: 4/26/2016 16.A.21 . EXHIBIT A Those certain County Utility Easements("C.U.E.")as more particularly shown on the Plat of Seneca at Tails Park,as recorded in Plat Book 55,Page 31,Public Records of Collier County,Florida. 9063052_1 Packet Page -724- 4/26/2016 16.A.21. EXHIBIT B EPC:) El H *3 5 its I' tilli.1 1 1 ! l Africk . = ii ill . il ' llf Y I .,' t '. . . 'fly; I,� 1 .�°,p � 1 1 f f 'ft; ,b Y f � �y[-,:yr, D -10.4.1::.,,,,,, . i 1 .„ / (—\ 1,-, tin - 1 ,..k.-- 11 6. Y �' l } I ��A �' ---A 2 '.. 1 t `�i� j i Y , , 1, I ., . 11 ipil I 3 �.; f is a i I C t _ ' c " t S� °< ?�`n I 1 . . .'. 1I ` _z_____.__ I: Gam. -;, -- INSU857ANTSAL CHANGE FLANS FOR 4rI )rl��1T iiC ,L r�� �r� SEI'dE�A AT TAUS PARK" `::11 4+ . G CC _ CLI3NT:RE TAWS PARK PROPERTIES,LLC j /�_'7: .... MASTER UTILITY FLAN ti w....• .n..w.ww w�i.u�i..r•a+«iw.w...n.,.y...Y.. 9063052_1 Packet Page-725- INSTR 5230773 OR 5243 PG 3707 RECORDED 2/22/2016 1:01 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/26/2016 16.A.21. DOC @.70 $0.70 REC $52.50 ORIGINAL Sales Price: $0 Doc Stamps:.70 Prepared without opinion of title by&return to: Mark J.Price,Esq. Roetzel&Andress 850 Park Shore Blvd. Naples,Fl. 34134 239-649-6200 File No: 123996.0071 (Space above for recording information) UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this I I o -en KE TALIS PARK PROPERTIES, LLC, a Delaware limited liability c>fiy>hereinafter refe ' .. "Grantor"), and the BOARD OF COUNTY COMMISSIONERS { Cry ER-GQUNTY, FLO' NA, S THE GOVERNING BODY OF COLLIER COUNTY AND/AS THE EX IO GS VERN' G WARD OF THE COLLIER COUNTY WATER-SEWER IS ►' it s c e.s,f a I :psi_ s,, (hereinafter referred to as "Grantee"). (71 a f WITNESSED f9f That said Grantor, for and in considn su 'ollars ($10.00) and other good and valuable consideration to said Grantor in ai i k. :• • 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 potable water, non-potable irrigation water and wastewater utility facilities and 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 situate and lying and being in Collier County,Florida,to wit: (See Exhibit"A"attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, 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 portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural,as context allows. 8452329_1 123996.0071 Packet Page -726- OR 5243 PG 3708 4/26/2016 16.A.21 . 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 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: SIGNED, SEALED AND DELIVERED KE TALIS PA'! " OPERTIES,LLC, IN THE P •' E 0 : a Delaware li -d I .bility company At Prin'ame: BILL. R. woogE • 4 ' j , 'resident Print Name:) -J c. BPIT I►1V 1311: 5-Pv STATE OF FLORIDA ) COUNTY OF COLLIER ) 7/ The foregoing instrument was :• .% -4•ed befor- `' // day of July, 2014, by Milton Flinn, as President of KE TALC' ApP, v�'; , LLC, a Delaware limited liability company,on behalf of said limited liability com s. II personally known to me,or( )has produced -as identification. NOTARY Py8t IC [SEAL] Notary Name My Commission Expires: 3/la J r5 LAURIE JACKSON MY COMMISSION#EE67360 EXPIRES:March 12,2015 0'p II.Navy Diumo%Mvc-Co. 1-800-)-NOTARY 8452329 1 123996.0071 Packet Page -727- OR 5243 PG 3709 4/26/2016 16.A.21 . EXHIBIT"A" Those certain County Utility Easements ("C.U.E.") as more particularly shown on the Plat of Seneca at Talis Park, as recorded in Plat Book 55, Page 31, Public Records of Collier County, Florida. A -\ 1 fit ` � IA\ } �. Imo; /,. �,/ L 8452329_I 123996 0071 Packet Page-728- OR 5243 PG 3710 4/26/2016 16.A.21 . o a " (1 r '-3 H H 70 C cA P R Ii (I ii - - n �;;; is 11 j IHf.� " It 1n 3 q'" 1 mit q 111 IJ' I' 1I1I {;,rr ,•IP ' r ,,...,i7 IJIK +; i . . 10111; 1111, 1 / 4-7_,_ ii 411,X . - 11 11 E 1 I I I( i a 1 •1 ��'1\\Y Er T ; 1 -ii aI ! �„ ti 666 7,7 r�o ,\1 ,\r\ �\ �R I l h_ ? �� 11.11 j rte () , 1 a ,- , (I 11 4 ILO '.' I I ' .■.w -- --- -- .. , 1 E " .! 1 fra. ,di' a p t' rr. r r r • iq 44414141:11 /4 milli I' 'INi1' i"u"J a _ 1 I" E! - 'r ii; I ' l0 ow Its = I ii ' row* E� tr i ° +;. 4E 3i1� ! � . , i 1 t . _Z.._._ i'ii i INSUBSTANTIAL CHANGE PLANS FOR WAL 1'f II• SENECA AT TALIS PARKA ENGINtEERING i I CLIENT:KE TAUS PARK PROPERTIES,LLC � __._ wnri'' ww . I I r-...— MASTER UTILITY PLAN ,,,r,r,,,�.,,,rr,,,,,,,,,KR,,,,r wrrr...n. Packet Page -729- Best Available Image OR 5243 PG 3711 4/26/2016 16.A.21. �_ CERTIF' - TION OF CONTRIBUTORY COSTS(WI 1 ,,- PROJECT NAME: Seneca at Tails Park (M) LD LOCATION: Section 7 Township 48 S Range 26 E Collier County, Florida NAME&ADDRESS OF OWNER: KE TALIS PARK PROPERTIES, LLLC 16990 Livingston Road Naples,FL 34110 TYPE OF UTILITY SYSTEM: POTABLE WATER(MATERIALS ONLY) IItei n^mss halal re 'ri gt taMke;Lt=QriEiltitggtd/I/tS s'red tam f I PVC Water Main DR 18 10" 2,030 LF $11.37 $23,081.10 Single Water Service-Short 1 EA $605.61 $605.61 Double Water Service-Short 10 EA $1,086.32 $10,863.20 Single Water Service-Long 2 EA $890.07 $1,780.14 Double Water Service-Long 10 EA $1,237.20 $12,372.00 Fire Hydrant Assembly •-•••-°-7--°--.E $2,837.00 $19,859.00 Gate Valve 1R-CO ^,„ $716.32 $716.32 Permanent Bacterial Sample Point ,f ;/'` �`' r $836.36 $836.36 7 / c----- TOTAL COST �\ $70,113.73 \``\\11I f I i 1/��/7 I do hereby ce �.66:q- i y 1a - d':='I•e' --^ - r nd n accurate representation of the as-install�2tstefn�iCENSF 'CP CERTIFY! *;. No 5��.4 '. V ,e • '''," . ' P " 0 s rAAGTE OEF / ' + > NAME&TIC S.' GINEE`.R'0 • r •I ''/ ''f./`� OF: //,.°NAL ECG\��\\Walep �' / ,r. /iliiiII III\\\I 28100 B. f e Bonita Springs, FL 34135 I do hereby certify t entities of material described above are true and an accurate representation of the as-installed 0\ tlf &pli CERTIFYING:: 'F''.,' �% 05;v1 e �4 Kevin Jens tore • t r ••• /ATE OF d OF: f�'•:"( / .JENSEN UNDERGROUND UTILITIES, INC. ', .'.ORIGA: ' ,��`,.�,�••••••••-��O, � 5585 Taylor Road ///:' '4 I11\\\\\ Naples, Florida 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 25th day of August,2014 by Kevin Jesnen ,who is personally known to me and who did not take an oath. w_ J `,,i- PL.s.',, DONNA L.VEN T RE Imo_ / 4 f;r: ,,,,\)«7:z f�SE,I2 blic-State of Florida T-:.„* (Ii , My Comm.Expires Jun 1,2015 ■ onna L.Ventre , Notary Public ':;:=6. o? Commission#EE 97879 i „t.• Packet Page -730- s - ° " —° "`--- *** OR 5243 PG 3712 *** 4/26/2016 16.A.21. Oft CERTIFICATION OF CONTRIBUTORY COSTS(SEWER) ,V PROJECT NAME: Seneca at Tails Park LOCATION: Section 7 Township 48 S Range 26 E Collier County,Florida NAME&ADDRESS OF OWNER: KE TALIS PARK PROPERTIES,LLLC 16990 Livingston Road Naples,FL 34110 TYPE OF UTILITY SYSTEM: SANITARY SEWER(MATERIALS ONLY) Iltctn as aiaM atra Sizes uanhty ttlttil fI ,i " /1 w �. �.,�,�,.�Pi6 I�s �..��z��,�a��,��,„`',},�u'� ..� _.� �5. .tea-= x...��'Mg.,, V.: ' ":"" '+ F,t,^..;_ Single PVC Sewer Service WI Cleanout 6" 3 EA $235.00 $705.00 Double PVC Sewer Service WI Cleanout 6" 20 EA $281.00 $5,620.00 PVC SDR 26 0'-6'Cut 8" 437 LF $4.12 $1,800.44 PVC SDR 26 6'-8'Cut 8" 649 _._LF_ $4.12 $2,673.88 PVC SDR 26 8'-10'Cut 8" . kFC0 .12 $2,303.08 PVC SDR 26 10'-12'Cut 8" 'V�' = $655.08 Manhole 0'-6' Cut '' 3 EA $2, fu d 0 �, / $6,570.00 Manhole 6'-8' Cut / )/ 2 EA $2,880.■b $5,760.00 Manhole 8'-10' Cut /(.----—1---. EA $3,362.00 $3,362.00 Manhole 10'-12' Cut 1' 1x0.---" , EA ,3,705.00 $3,705.00 ��o l I{{{1(((�I////! ,,t TO.e. C• 33,154.48 I do hereby certit ki\ , atiti 1%46. i,. .i (cd d o a -tr d : .J ur to representation of the as-installe�)rste }e* ltCElyS'ei fr CERTIFYIN J tJo 5 4 �`,i Pb _ S7E ; NAME&TITL���N�NEER�RT15'1(�fG` fr�'`a,,� f .4�L./ OF: / +S'/''•............... N4 drop En•', r ///NA{{{EiG Bonita Bonita FL 34135 ~�' I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed costpf the system. CERTIFYIfIG:: i Kevin 'resident OF: JENSEN UNDERGROUND UTILITIES,INC. 5585 Taylor Road Naples,Florida 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 22nd day of August,2014 by Kevin Jesnen ,who is per onally known to me and who did not take an oath. .11.i. •'h .��L%lam A l,.,: . .51a as "� Donna L.Ven re ,Notary Public ;.:.'0' V``Q;'-, DONNA L.VENTRE Notary Public State of Florida s�.' Ly `�`,c My Comm.Expires Jun 1,2015 ''.: Comrnission#EE 97879 Packet Page -731-