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Agenda 10/11/2016 Item #16A 6 10/11/2016 EXECUTIVE SUMMARY Recommendation to accept a Warranty Deed from Centex Homes for the Madison Park Boulevard public road right-of-way. OBJECTIVE: To have the Board of County Commissioners(Board)authorize acceptance and recording of a Warranty Deed for the Madison Park Boulevard public road right-of-way. CONSIDERATIONS: 1) The plats of Madison Park Phase One, Plat Book 42, Pages 1 -13 and Madison Park Phase Two Plat Book 42, Pages 68 - 75 both include dedications of Madison Park Boulevard (Tract "R") to the County with the responsibility for maintenance. 2) On September 23, 2014, the Board granted final approval of the improvements associated with Madison Park Phase One and Madison Park Phase Two via Resolutions 2014-183 and 2014-184 which included acceptance of Madison Park Boulevard. 3) The County maintains the roadway improvements within the Madison Park Boulevard right-of- way,and the Madison Park Homeowner's Association maintains the landscaping within the right- of-way pursuant to a Landscape Maintenance Agreement recorded in OR Book 5080, Page 1948 of the public records. 4) Section 6.5.Q of the Twelve Lakes PUD, Ord. 03-20 requires Madison Park Boulevard to be dedicated to the public.The County accepted dedication and maintenance of the road on behalf of the public via Resolutions 2014-183 and 2014-184. In order to complete the fee simple conveyance of Madison Park Boulevard,the developer(Centex Homes)has executed the attached Warranty Deed to Collier County,which will be recorded after the approval of this agenda item. FISCAL IMPACT: The developer will be responsible for paying the recording fees associated with the recording of the Warranty Deed. 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 accept the attached Warranty Deed from Centex Homes to the County for Madison Park Boulevard public right-of-way, and authorize the Clerk of Courts to record the Warranty Deed in the public records. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1.Location Map (PDF) 2.Warranty Deed (PDF) 3.Resolution 2014-183 (PDF) Packet Pg.463 16.A.6 10/11/2016 4.Resolution 2014-184 (PDF) Packet Pg 464 '16A6 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Item Summary: Recommendation to accept a Warranty Deed from Centex Homes for the Madison Park Boulevard public road right-of-way. Meeting Date: 10/11/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 08/25/2016 11:48 AM Submitted by: Title:Project Manager,Principal—Growth Management Department Name: Matthew McLean 08/25/2016 11:48 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/30/2016 4:49 PM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 09/09/2016 3:31 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/12/2016 9:02 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/13/2016 2:21 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/16/2016 1:00 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2016 2:02 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2016 4:45 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/23/2016 9:58 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2016 10:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM Packet Pg 465 "TITRAao ao.w (<:.r:.-asa) T=----- ------ 41 1 (._ � K � �- •I t 1 �j1:1 -R �r- F,;-:i 1;( x ,,��f�eINRsE-�-1�1 a ffi 7 7 i 6 ;� /\ .. / t / /\ 1 \'�� r�- am _ al:iK'ar Wu �ss —aa ,i /....:, c ` i \ _ A_ANT IT£ ----- ®' ,� ; CR;r14—co.( `' `7 /�> 1-2°.,!,76c;N/" .` � ®1041 x � me..v. ®A :wa , \''% \\\C ?J >• 3__ ii/41 \ -''''' p°= Ra1„Y -.. -,1 =� 17e„1R_ _aEzJaCe \ \ R .0 <\:ay, ' /1-, \ > iu__ ° " :=-n63'5 'ci (,01 \ ,-- PUne.r.e;iAlyu,;• wK� rad \ nr of ,y�/ / \ rr m �'I-G,' ;� _ 'a \n/\ < i/�( rcEL1 E LAVEin o \/z� Q m Tw \\ / \----..E:: xu KTr -z343n.c7 v __ L a-- -'_I _ ,s \ / lty(/ 5.)��im�ro/\ ^nr 1 wz —_ -, LX./ -_r \V/,:1/ -.Q,�/me \ /r1` m�u:r i3 F JJJ A /� 1 /�-�n-- -'i l(\` 1e LC/ >4 /xr\ RA{�---) ` li ©© za' y/�`.�'a” _�� \'__w�':o Y etIALn:z.i //154i 1® zw p H /4"/a\/ `\i/ Fe-- -s PLam.RI \ a/\(,/ �,i\:a'/ ( ,m © ,®.. . i �,a `\e rt , �, �:::::c .; :� �,.;'' \," FT:_e. ---,.t F _( / ^' \/1./r>.`,'-..----1 f r''' 6.--44! -/$/', >r ' -e5' r -g: - --F -_�. _ew-a es-3f -„ TeKr i[ a_ce xe d It�O .e—__ i "r < __.L..__ Sa jl/lQ•ar _ - y' O ,RACY A-3 CO vi u'- Ir .1..1.\ - -Ma' Q. 2 J0 u[. 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P '''' ,/ / l' /— 2 � a au,cr / //,,/'......0 ///' / / f/ O 10 a,- :, MILK!tti // . /� �// as0 lin- _ \ /aw;T C// O n- -4-_ ENR u /\� // TI' « (��,\,�) C , i/ / PUD"''' .J 2. -a /%\•,W 3 r'�•<i\v // HARES HERITAGE GOLF R COUNTRY CLUB = N 1 1 /' UXEFONTE ' PH I__ ``1,116 'a\w%�� /// .../"..--'---1c-----, \ Q MAXI, ,," // % Imo'Q `�� �/ ^ / —�---_ \ IPAtT CI '''���'' /'��i /,../'-..' /.-7'''/..---- -.\ \ \\ ,"ACT cc' _ / \---_ /'+ � C/ &L PART 1\� _ ,-_NST , a --es-SR-84) ��_ _ _ a - -------- ; J � Packet Pg:466'r amu. ; �2,.�,.. 16.A.6.b Consideration:$10.00 Documentary Stamp Tax Amount: .70 Property Identification Numbers:56324009362 and 56324012168 Prepared without opinion of title by: Steven M.Falk,Esq. Roetzel&Andress,LPA 850 Park Shore Drive,Third Floor Naples,Florida 34103 (239)649-6200 a L a, WARRANTY DEED 0 This Warranty Deed is made on the date and year set forth below, by CENTEX HOMES, a coNevada general partnership, whose mailing address is 24311 Walden Center Drive, Suite 300, Bonita o. Springs, FL 34134 ("Grantor"),to COLLIER COUNTY, a political subdivision of the State of Florida, N whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, :a Naples,FL 34112("Grantee"): co (Whenever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs, G legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees.) Witnesseth, that the Grantor, for and in consideration of $10.00 and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate, lying and being in Collier County,Florida,to wit: Tract"R",Madison Park Phase One,according to the plat thereof recorded in Plat Book 42, Page 1,Public Records of Collier County,Florida. rte,. and -a Tract"R",Madison Park Phase Two,according to the plat thereof recorded in Plat Book 42, Page G 68, Public Records of Collier County,Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in co 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 Iand;that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes for the current and subsequent years, zoning, building code and other use restrictions imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record,if any. In witness whereof, Grantor has hereunto set Grantor's hand and seal the day and year set forth �-o below. 7551710_1 if"F\ Packet Pg.467 {1S A 6 b 1 Witnesses: CENTEX HOMES,a Nevada general partnership By: Centex Real Estate Corporation,a Nevada corporation,its Managi General Partner Albt I , Afi i a, , .... p siatki;g1.1.7...,;riera fitness Name: ". ' d-i lie-x/,fj ris Hasty L Its: Vice President-Land Deve . ' nt and Acquisition > -' m South Florida Division m Witness N e: Kimberly L. Howes Y L c 0. c STATE OF FLORIDA o o COUNTY OF LEE 3 2 The foregoing instrument was acknowledged before me this t 0 day of June, 2015,by Chris Hasty, as Vice a President-Land Development and Acquisition, South Florida Division of Centex Real Estate Corporation,a p Nevada corporation,the Managing General Partner of Centex Homes,a Nevada general partnership. He is Z personally known to me. cis -. 1if � �/'v `} . o nsy ,; KIMBERLY HOWES NOTAR PUBLIC 0 c.= MY COMMISSION#FF 015933 Name: Q 1 .:,,,,...',...44 EXPIRES:May 7,2017 '4,WOV Bonded Thr,rotary Public Undenvnters My Commission Expires: co ti oo T d d CI >1 d+ C os L L i C a) E s V 1g r a 7551.710 I �,,, een Packet Pg.468 r: X16 A6rc RESOLUTION NO. 14- 18 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MADISON PARK PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 1 THROUGH 13; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS. 12 WHEREAS, the Board of County Commissioners of Collier County, Florida, on cc October 12, 2004,approved the plat of Madison Park Phase One for recording; and 0 WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land a Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and a) WHEREAS, the Engineering Services Department as well as the Transportation Services Department have inspected the roadway and drainage improvements, and are recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Madison Park Phase One, pursuant to co the plat thereof recorded in Plat Book 42, pages I through 13, and the Clerk is hereby authorized 00 to release the maintenance security. co BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage c improvements within Madison Park Phase One, with the exception of Tract 'R' will be maintained by the Madison Park Homeowner's Association, Inc., and will not .be the responsibility of Collier County. Tract 'R', Madison Park Boulevard will be maintained by o Collier County as a public road right of way with the landscaping within Tract `R' being maintained by the Madison Park Homeowner's Association in accordance with the attached Landscape Maintenance Agreement. E This Resolution adopted after motion, second and majority vote favoring same, this a3'd day of s�. -t-�y.,,�,Q( , 2014. ATTEST: BOARD OF COUNT COMMISSIONERS DWIGIWT;r-fi.. 3ROCK, CLERK COLLIER C:UNTY LORIDA By: r.Attest RI S TOM L ENNING, Chairman Sitj natUfeO :` [13-F.6-025.1 5/8.5§863/1 i,; S 1 of 2 Packet Pg 40 I6`AQ6c,;; Approved as to fo and legality: kr— L (`11/19 Scott A. Stone Assistant County Attorney Attachment: Landscape Maintenance Agreement L > C) C P\13-EIS-02515\II q c0 co Cea G 0 a L R �1+ co ti co M co N G t0 [13-EIS-02515/856803/1] 2 or? Packet Pg.47 i I6.A 6.d'b` RESOLUTION NO. l4-184 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MADISON PARK PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 68 THROUGH 75; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS. L WHEREAS, the Board of County Commissioners of Collier County, Florida, on March m 22, 2005, approved the plat of Madison Park Phase Two for recording; and o m WHEREAS, the Developer has constructed and maintained the roadway and drainage Q improvements in accordance with the approved plans and specifications as required by the Land c o Development Code (Collier County Ordinance No. 04-41,as amended); and 'a WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and o Zt WHEREAS, the Engineering Services Department as well as the Transportation Services C Department have inspected the roadway and drainage improvements, and are recommending R acceptance of said facilities. g a tu NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY a COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby 00 granted for those roadway and drainage improvements in Madison Park Phase Two, pursuant to rs the plat thereof recorded in Plat Book 42, pages 68 through 75, and the Clerk is hereby authorized to release the maintenance security. d' co 4 BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage N improvements within Madison Park Phase Two, with the exception of Tract `R' will be c maintained by the Madison Park Homeowner's Association, Inc., and will not be the a. responsibility of Collier County. Tract 'R', Madison Park Boulevard, will be maintained by u) Collier County as a public road right of way, with the landscaping within Tract `R' being CDec maintained by the Madison Park Homeowner's Association in accordance with the attached c E Landscape Maintenance Agreement. E U This Resolution adopted after motion, second and majority vote favoring same, this Q `__day of T- „jv�ippj-- , 2014. AT IEST:. ri BOARD OF COUNT COMMISSIONERS DWIGHT E. BROK, CLERK COLLIE COUNT /FLORIDA Depilty Clrk TOM HENN G, Charman {Np e� s p C11a1rtllan$ ��, G/ ignatUUre anty. 5680;1 Packet Pg. 471 6.A.6:d` Approved as to form and legality: 9/'6/(`( Scott . Stone Assistant County Attorney Attachments: Landscape Maintenance Agreement 12 L es a) CP\13-FIS-02515\12 m 0 M L C Q. C O N is- ct G a) a) CI Z' C ea L L Ca Vn A L u 4 co 1-- co co r d co d ,..- 0 O N C O 3 -0- 0 d C d .0 u O w a.+ a [13-EIS-025 15/856804/1J 2 of 2 Packet Pg.472 :