Agenda 06/24/2014 Item #16A 76/24/2014 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC- PL20140000680, to quitclaim and release the County's
interest in six (6) 30 -foot strips of land described as easements for public right -of -way as recorded
in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book
164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official
Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36,
Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit A.
OBJECTIVE: To quitclaim and release the County's interest in six (6) 30 -foot strips of land
described as easements for public right -of -way as recorded in Official Record Book 160, page
237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record
Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page
683, of the Public Records of Collier County, Florida, located in Section 36, Township 48 South,
Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC- PL20140000680 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Lance T Miller, of
Stantec Consulting Services, Inc., as agent for the property owner to request the County
quitclaim and release six (6) 30 -foot strips of land described as easements for public right -of -way
as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843,
Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book
164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier
County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County,
Florida.
Each of the six (6) 30 -foot "easements" were referenced in deed language stating that the deeded
property is "subject to an easement for road right -of- way ". Title insurance companies will not
insure these types of easements as legal access; however, the reservation creates a cloud on title
to the deeded property. These six (6) 30 -foot strips of land currently provide no public benefit,
and are not necessary for nearby properties to gain access to a public road. There is no indication
or evidence that any have been used for access. The property encumbered by these purported
easements is located in the Rural Fringe Mixed Use District and is designated receiving lands.
The property is intended to be developed under the County's Growth Management Plan and the
owner intends to develop the property. The development of the property benefits the public by
enabling the use of TDR's resulting in sending lands being placed in preservation. In addition,
the development of the land will increase the County's tax base. The cloud on title created by the
purported easements unnecessarily impacts the development plan for the property.
The County does not acknowledgement having any interest in the subject property(s), but the
Petitioner has requested a quitclaim deed from the County to clear possible clouds on the
property's title. A quitclaim deed conveys whatever title or interest a grantor has in the described
real estate. The instrument operates as a release of the grantor's title or interest in the property. A
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6/24/2014 16.A.7.
quitclaim deed contains no covenants of title or warranty, and it does not purport to convey any
particular type of estate. The form's main use is to clear possible clouds on the property's title.
The Engineering department has reviewed this petition and found no reason for objection.
FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected
a $2,100 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording
and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan 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: That the Board of County Commissioners; 1) Approves the attached
quitclaim deed, relating to Petition VAC- PL20140000680, which will quitclaim and release the
County's interest in six (6) 30 -foot strips of land described as easements for public right -of -way
as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843,
Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book
164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier
County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A, and 2) Directs the Clerk to the Board to
record a certified copy of the quitclaim deed in the Public Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Quitclaim Deed, 2) Exhibit A, 3) Location -Site Map
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6/24/2014 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve Petition VAC- PL20140000680, to quitclaim
and release the County's interest in six (6) 30 -foot strips of land described as easements for
public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168,
page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official
Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of
Collier County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A.
Meeting Date: 6/24/2014
Prepared By
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
Date: 5 /28/2014 9:58:38 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/28/2014 2:49:48 PM
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
Date: 6/4/2014 4:57:02 PM
Name: McKennaJack
Title: Manager - Engineering Review Services, Natural Resources
Date: 6/5/2014 12:53:06 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 6/6/2014 11:01:00 AM
Name: MarcellaJeanne
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6/24/2014 16.A.7.
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:32:13 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/11/2014 10:59:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/12/2014 4:48:32 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 9:46:58 AM
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6/24/2014 16.A.7.
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this day of , 2014, by
Collier County, a political subdivision of the State of Florida, its successors and
assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter called the Grantor), to Golf Club of Everglades LTD, whose mailing
address is 9171 Vanderbilt Beach Road, Naples, Florida 34120 (hereinafter called the
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 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 lying and being in Collier County, Florida:
1) (Reference OR Book 160, Page 237)
The East 30 feet of the south half of the southeast quarter of the southeast
quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida;
2) (Reference OR Book 168, Page 843)
The East 30 feet of the north half of the southeast quarter of the southeast
quarter of Section 36, Township 48 South, Range 26 East Collier County,
Florida;
3) (Reference OR Book 164, Page 177)
The East 30 feet of the south half of the northeast quarter of the southeast
quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
4) (Reference OR Book 184, Page 858)
The East 30 feet of the south half of the northeast quarter of the northeast
quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
5) (Reference OR Book 164, Page 087)
The East 30 feet of the north half of the northeast quarter of the northeast quarter
of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
AND
The North 30 feet of the north half of the northeast quarter of the northeast
quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida
6) (Reference OR Book 164, Page 683)
The North 30 feet of the north half of the northwest quarter of the southeast
quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
THIS IS NOT HOMESTEAD PROPERTY
Subject to easements, restrictions, and reservations of record.
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6/24/2014 16.A.7.
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 said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By: By.
Deputy Clerk
Approved as to form and legality:
r
Scott A. Stone
Assistant County Attorney
14- EIS - 02685110
TOM HENNING, Chairman
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EXHIBIT "All
100 13, jllcN 1. ire. Suitc, 200 Nd al It F. .1105
LEGAL DESCRIPTION
Easements and Portions of Easements to be Vacated
Being part of Section 36, Township 48 South, Range 26 East,
Collier County, Florida
(Golf Club of Everglades)
The following 30' Easements for Public Right -of -Way are requested to be vacated;
1) (Reference OR Book 160, Page 237)
The East 30 feet of the south half of the southeast quarter of the southeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
2) (Reference OR Book 168, Page 843)
The East 30 feet of the north half of the southeast quarter of the southeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
3) (Reference OR Book 164, Page 177)
The East 30 feet of the south half of the northeast quarter of the southeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
4) (Reference OR Book 184, Page 858)
The East 30 feet of the south half of the northeast quarter of the northeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
5) (Reference OR Book 164, Page 087)
The East 30 feet of the north half of the northeast quarter of the northeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
AND
The North 30 feet of the north half of the northeast quarter of the northeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida
6) (Reference OR Book 164, Page 683)
The North 30 feet of the north half of the northwest quarter of the southeast quarter of
Section 36, Township 48 South, Range 26 East Collier County, Florida;
Subject to easements and restrictions of record
Certificate of authorization #LB -7866.
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: Date January 15, 2014
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 11 GCOE -01
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EXHIBIT "All
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Prepared by SITE MAP
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Collier County Surveyor
Florida Survvur & Mapper LS 5086
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
H.\Planning and Regulation\Engineerinq Department\Engineer[ng Folders\Old Folders\ACAD SURVEY DRAWINGS\T-48-5 R-26-E\Location-Site Map VAC-PL20140000680 Golf Club of the E-rglad-dwq, Model, 51912014 8:46:25 AM