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Agenda 03/13/2018 Item #16A 503/13/2018 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 Avalon of Naples, LLC, in order to reconvey to Avalon of Naples, LLC, a portion of the potable water and sanitary sewer utility facilities associated with the development at Avalon of Naples, PL 20160002356, which were previously erroneously conveyed to the County. OBJECTIVE: To correct the erroneous conveyance of certain potable water and sanitary sewer utility facilities to the County for the Avalon of Naples development project. CONSIDERATIONS: The purpose of the Utility Facilities Warranty Deed and Bill of Sale from Avalon of Naples, LLC, recorded on March 10, 2017, at OR Book 5371, Page 822, was to convey only the portion of the potable water and sanitary sewer utility facilities located within the Deed of Utility Easement, recorded on March 10, 2017, at OR Book 5371, Page 829, to the Board of County Commissioners (BCC) of Collier County, Florida. However, the Warranty Deed and Bill of Sale erroneously conveyed facilities over a much larger legal description. 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 Avalon of Naples, LLC requesting the Board of County Commissioners final approval and acceptance of these utilities facilities, the Development Review Division discovered that the recorded Utility Facilities Warranty Deed and Bill of Sale erroneously included all of the potable water and sanitary sewer located within the Avalon of Naples development project. Therefore, the attached Quit- Claim Deed and Bill of Sale will reconvey all of the potable water and sanitary sewer utility facilities that are not located within the utility easement, back to Avalon of Naples, LLC. Avalon of Naples, 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 action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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 Utilities Facilities Quit- Claim Deed and Bill of Sale between Collier County and Avalon of Naples, LLC, in order to reconvey to Avalon of Naples, LLC, a portion of the potable water and sanitary sewer utility facilities associated with the Avalon of Naples, PL 20160002356, which were previously erroneously conveyed to the County. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Utilities Facilities Quit Claim Deed and Bill for Sale (PDF) 2. Original Warranty Deed Bill of Sale (PDF) 3. Location Map (PDF) 16.A.5 Packet Pg. 309 03/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 4686 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 Avalon of Naples, LLC, in order to reconvey to Avalon of Naples, LLC, a portion of the potable water and sanitary sewer utility facilities associated with the development at Avalon of Naples, PL 20160002356, which were previously erroneously conveyed to the County. Meeting Date: 03/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 01/29/2018 11:48 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 01/29/2018 11:48 AM Approved By: Review: Wastewater Beth Johnssen Additional Reviewer Completed 01/29/2018 12:02 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/29/2018 1:54 PM Wastewater Steve Nagy Additional Reviewer Completed 01/30/2018 8:21 AM Water Pamela Libby Additional Reviewer Completed 01/30/2018 8:35 AM Water Steve Messner Additional Reviewer Completed 01/30/2018 8:57 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/31/2018 9:40 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 02/02/2018 3:51 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 02/07/2018 1:35 PM Growth Management Department Matthew McLean Additional Reviewer Completed 02/07/2018 4:45 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/08/2018 4:31 PM Growth Management Department James French Deputy Department Head Review Completed 02/19/2018 2:30 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/20/2018 4:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 5:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 10:02 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 11:30 AM 16.A.5 Packet Pg. 310 03/13/2018 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 3:11 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM 16.A.5 Packet Pg. 311 16.A.5.a Packet Pg. 312 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 313 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 314 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 315 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 316 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 317 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 318 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 319 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 320 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.a Packet Pg. 321 Attachment: Utilities Facilities Quit Claim Deed and Bill for Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County 16.A.5.b Packet Pg. 322 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 323 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 324 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 325 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 326 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 327 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) 16.A.5.b Packet Pg. 328 Attachment: Original Warranty Deed Bill of Sale (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC) AVALON OF NAPLES 16.A.5.c Packet Pg. 329 Attachment: Location Map (4686 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and Avalon of Naples, LLC)