Agenda 03/25/2014 Item #16A17 3/25/2014 16.A.17.
EXECUTIVE SUMMARY
Recommendation to grant final approval and acceptance of the private roadway
improvements and the associated maintenance responsibilities for Tract "B" of the plat of
Treasure Point.
OBJECTIVE: To grant final approval and acceptance of the infrastructure improvements
associated with Tract `B" of the subdivision known as Treasure Point, together with the
maintenance responsibility therefor, and accept the conveyance of said Tract `B" to Collier
County.
CONSIDERATIONS:
1) The plat of Treasure Point recorded at Plat Book 40, Pages 2 through 3, dedicated Tract
"B" and the maintenance therefor to the Treasure Point Homeowner's Association, Inc.
(the "Association") and the Warranty Deed recorded at O.R. Book 4111, Page 1924,
conveyed said Tract "B" to the Association (Note: All recording references are to the
Public Records of Collier County, Florida).
2) With the exception of this Tract "B" portion, the County has previously accepted and is
currently maintaining all of Forest Hills Boulevard.
3) The required road right-of-way improvements have been constructed within Tract `B"to
County standards; the Road Maintenance Department has inspected the improvements
and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County
Attorney's Office. A copy of the resolution is attached.
FISCAL IMPACT: Treasure Point Homeowner's Association, Inc. will be responsible to pay
the aggregate recording cost of $19.20 ($18.50 to record the 2-page Quitclaim Deed and 70¢
documentary stamp tax). Collier County will pay fees in the approximate amount of$35.50 to
record the Resolution regarding acceptance of the Tract "B" road right-of-way with funds from
its Multi-Project Right-of-Way Transportation Fund 313, Project No. 60171. The acquisition of
this small tract of right-of-way is estimated to add less than $500 per year to the annual Road
Maintenance Department operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this recommendation.
LEGAL CONSIDERATONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval—ERP.
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RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of Tract `B" of Treasure Point to Collier County and
authorize the County Manager or his designee to record the conveyance instrument in
the public records of Collier County, Florida;
3. Authorize the County Manager or his designee to take the necessary measures to
ensure the County's performance in accordance with the terms and conditions of the
Agreement memorializing the terms of the County's acceptance of the roadway and
maintenance thereof;
4. Grant final acceptance of the roadway and drainage improvements of Tract `B" in
Treasure Point and authorize the Chairman to execute the attached resolution
authorizing final acceptance of the Tract `B" road right-of-way improvements
together with the associated maintenance responsibilities.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist
Attachments:
(1) Agreement
(2) Location Map
(3) Quitclaim Deed
(4) Resolution.
(5) Copy of Treasure Point/Plat Book 40,Pages 2-3 (to be recorded with Resolution)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to grant final approval and acceptance of the private
roadway improvements for Tract "B" of the plat of Treasure Point,together with the
maintenance responsibility therefor. Estimated Fiscal Impact: Less than $500 annually.
Meeting Date: 3/25/2014
Prepared By
Name: FarrisDeborah
Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management
2/27/2014 1:00:28 PM
Submitted by
Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management
Name: FarrisDeborah
2/27/2014 1:00:29 PM
Approved By
Name: GossardTravis
Title: Superintendent-Roads&Bridges, Road Maintenance
Date: 2/27/2014 1:29:57 PM
Name: LaPierreBarbara
Title: Management/Budget Analyst,Transportation Administration
Date: 2/27/2014 2:24:24 PM
Name: VlietJohn
Title: Director-Road Maintenance,Road Maintenance
Date: 2/27/2014 2:43:26 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 2/27/2014 3:02:28 PM
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Name: KearnsAllison
Title: Manager Financial &Operational Support, Transportation Administration
Date: 3/3/2014 8:52:08 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering& Construction Management
Date: 3/3/2014 11:03:41 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 3/4/2014 12:26:00 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 3/4/2014 3:05:22 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2014 11:29:05 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 3/11/2014 1:49:59 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 3/13/2014 11:23:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/14/2014 9:59:59 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/14/2014 4:22:28 PM
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PROJECT: 99999(Misc./Forest Hills Blvd)
PARCEL#: 297QCD
FOLIO#: 77457000042
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of , 2014, by and between
TREASURE POINT HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit
corporation whose mailing address is c/o KPG Accounting Services, Inc., 3400
Tamiami Trail North #302, Naples, Florida 34103 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as"County").
WITNESSETH:
WHEREAS, title to the Treasure Point Tract"B"road right-of-way(the"Property"),
as more particularly described on Exhibit "A" attached hereto, is vested in Owner
pursuant to the Treasure Point Plat recorded on July 21, 2003 in Plat Book 40, Pages 2
through 3, and the Warranty Deed recorded at O.R. Book 4111, Page 1924, all of the
Public Records of Collier County, Florida;and
WHEREAS, Owner desires to convey the Property and the responsibility for
maintenance thereof to County; and
WHEREAS, Owner will within sixty (60) days from the date hereof complete all
outstanding improvements required to bring the road right-of-way into compliance with
County standards;and
WHEREAS, Owner believes the landscaped island within the center of the Forest
Hills Boulevard cul-de-sac is a significant enhancement to the appearance of its
community and agrees to retain the obligation to repair all roadway damage caused by
such landscaping and by cars navigating the cul-de-sac; and
WHEREAS, County's Road Maintenance Department will have no responsibility
for landscape maintenance of the island located within the Forest Hills Boulevard cul-
de-sac or any portion of the Tract"B"road right-of-way;and
WHEREAS, Owner will convey the Treasure Point Tract "B" road right-of-way to
County by Quitclaim Deed,the form of which is attached hereto as Exhibit"B"; and
WHEREAS, Owner agrees to pay the cost of recording the Quitclaim Deed in the
public records and to pay all documentary stamp taxes in connection therewith; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance(Owner's .
delivery to County of a properly executed Quitclaim Deed) is hereinafter referred
to as the"Closing."
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3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Property, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County with a copy of any existing title insurance policy and the Closing
Documents, properly executed, witnessed, and notarized where required, in a
form acceptable to County.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) deys of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause. County shall be entitled to
full possession of the Property at Closing.
5. Owner shall pay all fees to record any curative instruments required to clear title,
and all Quitclaim Deed recording fees.
6. Owner aeknawledges that it will be responsible for continuing and perpetual
maintenance and repair of all damage to the road right-of-way caused by
vegetation growing within the island located in the Tract"B"Forest Hills Boulevard
cul-de-sac or from traffic navigating said cul-de-sac as long as said island
remains.
F. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and he binding epcn the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
8. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement arid understanding of the parties, and there are he other prior or
• contemporaneous written or oral agreements, undertakings, promises,warranties,
or covenants not contained herein.
9. This r qr rOnc-. t is governed and construed in eecorgance with the iee.es of he
State of Florida
its wlTk_.es t H ERE3F, the parties hereto have executed this Aare e rent on
the date first above written.
AS TO COUNTY:
DATED:
. ,ES,. B-•Lrte;Or
DVViGHTE, „_)'L:§" __., CCI' ! lam., COUNTY, FLORIDA
BY:
Deputy grit Torn Henning,Charman
Agreement
Page 2 of 3
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AS TO OWNER: TREASURE POINT HOMEOWNERS
ASSOCIATION,INC.,a Florida
DATED: t t t. O L/ not-for-profit corporation
By: `
WittnesstSignature) "Printed Name: Linda Cecca
Printed Titte: President
Mark Hoffman
Name(Print or Type)
Witness(Signatus'}
Pat Vogler pig T vO(7 4 E'
Name(Print or Type)
Approved as to form and legality:
L„.4.D
L v „,)1.2.17
Emily R. Pepirk
Assistant County Attorney
Agreement
Page 3 of 3
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Agreement contd
EXHIBIT"A"
Tract"B"of Treasure Point, according to the Plat thereof
Recorded in Plat Book 40, Pages 2 through 3, of the Public
Records of Collier County, Florida
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PROJECT: 99999(Misc/Forest Hills Blvd)
PARCEL: 297QCD
FOLIO: 77457000042 EXHIBIT
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this Flay of , 2014, by
TREASURE POINT HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit
corporation, whose mailing address is c/o' KPG Accounting Services, Inc., 3400
Tamiami Trail North#302, Naples, Florida 34103 (hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose address is
3299 Tamiami Trail East, do 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) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest, claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida,to wit:
TRACT"B"OF TREASURE POINT,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 40, PAGES 2 THROUGH 3,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Subject to easements, restrictions, and reservations of record.
This is NOT homestead property.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
WITNESSES: TREASURE POINT HOMEOWNER'S
ASSOCIATION, INC., a Florida
not-for-profit corporation
By:
(Signature) Print Name:
Print Title:
(Print Full Name)
(Signature)
(Print Full Name)
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3/25/2014 16.A.17.
EXHIBIT e
Page d. ,..
STATE OF
COUNTY OF
•
The foregoing Quitclaim Deed was acknowledged before me this day of
, 2014, by as the
of Treasure Point Homeowner's Association, Inc.,
who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signatyire of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Approved as to form and legality
Emily R. Pepin
Assistant County Attorney
1
Lest Revised:10/15/10
GP
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3/25/2014 16.A.17.
LOCATION MAP—Tract"B"
',.A.
40, Pgs.2-3,Point/P.B. le)Treasure (Nto sca
yT 2.
.
.
'.of Collier County Public Records
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* b' X
✓ .d.4 4 :
S e" � 1..i..4°• ' t-...-- ' ' 'f, yy., ., A„ s t ^•' ° M A 4 K fir,t 4P .R
.`, ' 4,a r. ,',.,-,w.P. .Nt+ `L S l .b i max,�,� s ''''.•'''..:•--....: f ° 9f w., {' r �w, x �,.., �4a. "�a ' „n , ` ma .� fi ,,tt.-,-.. •..., - , ,„,
4,7:4,144;" ` ¢� � '.4,,-..''�lei . �adg az t t � a f��,e s. r; TMs • Y
,it Rr }M
7
. .. i x r-4" , '''--' -1 -.. tito,-..t.--1......,PIET „,gb..)1 .,,,,,,,,::::,,,,;,i, ::::1,- t,t,„- -:-• "-';:"."'‘-'4XA - lt t.o#j‘ :` ‘k,f,'' ...,,..,It
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a
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PROJECT: 99999(Misc/Forest Hills Blvd)
PARCEL: 297QCD
FO'•-.!O: 77457000042
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this day of , 2014, by
TREASURE POINT HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit
corporation, whose mailing address is do KPG Accounting Services, Inc., 3400
Tamiami Trail North #302, Naples, Florida 34103 (hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose address is
3299 Tamiami Trail East, do the Office of the County Attorney, Suite BOO, 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.)
VVITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest,claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida,to wit:
TRACT"B"OF TREASURE POINT,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 40, PAGES 2 THROUGH 3,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Subject to easements,restrictions,and reservations of record.
This is NOT homestead property.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
brio ,gI ,_ or in anr'V ,se appertaining, and all the estate, right, title, interest, lien, equity
and claim whatt oever of the said Grantor.
IN t`V':Tb'ESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
WiTHES SEE: TREASURE PIN; HOMEOWNER'S
ASSOCIATiON, INC., a Florida
not-for-profit corporation
•
rre,i. Prin i nme
P esjd rit.
,Pr,: t rut
(Signature)
/ ii _ S
(Print Full Name)
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3/25/2014 16.A.17.
STATE OF ./—/?:'t. 4
COUNTY OF C-,l4c----
The foregoing Quitclaim Deed was cknowledged before me this d y of
.1-14P pfI,iq , 2014, by 4,,-,/ re,-4-Lei. as the
r 'rs;c/e.z -- of Treasure Point Homeowner's Association, Inc.,
who:
is personally known to me
OR
Xproduced '"`t'1 5 r✓�.,c".,ert" .. . as proof of
identity.
(affix notarial seal) _
(Signature of
Notary Public)
,Be / -
' /r", - , . l
(Print Name of Notary Public)
ip Notary Public Slate of Florida
Raymond W Neill Serial/Commission#(if any):
My Commission FF 058998
40,no' Expires 10/01/2017 My Commission Expires: ./t.-V/::)/1, "!
J
Approved as to form and legality
`
milt'R.P-4
Assistant County Attorney
1.z Revised:10/15/10
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RESOLUTION NO. 2014 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROAD
RIGHT-OF-WAY IMPROVEMENTS IN TRACT "B" OF
TREASURE POINT, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 40, PAGES 2 THROUGH 3,
BEING ALSO A PORTION OF THAT RIGHT-OF-WAY AS
CONVEYED BY WARRANTY DEED RECORDED IN O.R.
BOOK 4111, PAGE 1924, AND BEING ALSO A PORTION OF
THE ROAD RIGHT-OF-WAY KNOWN AS FOREST HILLS
BOULEVARD; AND ACCEPTANCE OF MAINTENANCE
RESPONSIBILITY FOR THE ROAD RIGHT-OF-WAY
IMPROVEMENTS LOCATED WITHIN TRACT"B", WITH
EXCEPTIONS.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 13,
2003 approved the Plat of Treasure Point for recording; and
WHEREAS, said Plat was recorded on July 21, 2003 in Plat Book 40, Pages 2 through 3,
of the Public Records of Collier County, Florida, dedicating the Tract`B"road right-of-way and
responsibility for maintenance thereof to Treasure Point Homeowner's Association, Inc.; and
WHEREAS, Treasure Point Homeowner's Association, Inc. is requesting Collier
County's final acceptance of the road right-of-way improvements within Tract"B"; and
WHEREAS, pursuant to its inspection, the Road Maintenance Department is satisfied
that, with exception of only minimal improvements outstanding, the existing road right-of-way
improvements within Tract"B"have been built in accordance with County standards; and
WHEREAS, the outstanding minimal improvements will be completed to County
standards within sixty(60) days from the date hereof; and
WHEREAS, the Road Maintenance Department is recommending acceptance of said
Tract "B" road right-of-way improvements without any responsibility for landscape
maintenance.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: final acceptance is hereby
granted for those road right-of-way improvements in Tract"B" of Treasure Point, pursuant to the
plat thereof recorded in Plat Book 40, Pages 2 through 3, as located in Section 19, Township 50
South, Range 26 East.
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BE IT FURTHER RESOLVED AND ORDERED THAT, the County's Road
Maintenance Department will have no responsibility for landscape maintenance of the island
located within the Forest Hills Boulevard cul-de-sac.
BE IT FURTHER RESOLVED AND ORDERED THAT, excepting any future damage
to the asphalt and curbs caused by the vegetation growing within said island or from traffic
navigating said cul-de-sac, the road right-of-way improvements within Tract "B" of Treasure
Point, according to the plat dedication, will now be the responsibility of Collier County for
maintenance.
BE IT FURTHER RESOLVED AND ORDERED that, the Clerk to the Board is hereby
directed to record a certified copy of this resolution in the public records of the County and make
note of this resolution on the plat described herein.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
this day of ,2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Emily R. Peilin
Assistant County Attorney
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