Agenda 05/08/2018 Item #16A1305/08/2018
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 RaceTrac Petroleum, Inc., in order to reconvey
to RaceTract Petroleum, Inc., any interest the County may have in certain sewer utility facilities
associated with the RaceTrac at Pine Ridge development, SDP 98-28.
OBJECTIVE: To correct the erroneous conveyance of the sanitary sewer utility facilities to the County
for the RaceTrac at Pine Ridge development project.
CONSIDERATIONS: The Utility Facilities Limited Warranty Deed from RaceTrac Petroleum, Inc.,
recorded on July 18, 2000, at OR Book 2699, Page 2209, conveyed all water and sewer utility facilities
located within the 20-Foot Utility Easement recorded on July 18, 2000, at OR Book 2699, Page 2207, to
the Board of County Commissioners (BCC) 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, the Development Review Department has determined that the existing forcemain is located
outside of the 20-foot easement conveyed to the Board of County Commissioners (BCC), and therefore,
the recorded Utility Facilities Limited Warranty Deed did not include the sanitary sewer force main. The
water facilities are located within the 20-foot easement and, therefore, they were conveyed correctly. The
purpose of the attached Quit-Claim Deed and Bill of Sale is to reconvey back to RaceTrac Petroleum, Inc.
whatever wastewater facilities may exist within the legal description contained in the recorded Utility
Facilities Limited Warranty Deed, because any such facilities should not belong to the County. The
correct sewer utility facilities (in the correct location) will be conveyed to the County through the
standard conveyance process, along with a new easement over the correct location.
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 RaceTrac Petroleum, Inc. to reconvey to
RaceTrac Petroleum, Inc., any interest the County may have in certain sewer utility facilities associated
within the RaceTrac at Pine Ridge, SDP 98-28, which, were erroneously conveyed to the County.
Prepared by: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Utilities Facilities Quit Claim Deed and Bill of Sale (PDF)
3. Original Utilities Facilities Limited Warranty Deed (PDF)
16.A.13
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05/08/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 5252
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 RaceTrac Petroleum, Inc., in
order to reconvey to RaceTract Petroleum Inc., any interest the County may have in certain sewer utility
facilities associated with the RaceTrac at Pine Ridge development, SDP 98-28.
Meeting Date: 05/08/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/28/2018 4:53 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/28/2018 4:53 PM
Approved By:
Review:
Water Pamela Libby Additional Reviewer Completed 03/29/2018 7:44 AM
Wastewater Steve Nagy Additional Reviewer Completed 03/29/2018 8:26 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/02/2018 1:12 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/02/2018 3:13 PM
Water Steve Messner Additional Reviewer Completed 04/03/2018 11:17 AM
Wastewater Steve Messner Additional Reviewer Completed 04/03/2018 11:18 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 04/03/2018 5:05 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/04/2018 3:23 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/05/2018 9:16 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/06/2018 10:52 AM
Growth Management Department James French Deputy Department Head Review Completed 04/10/2018 11:23 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/10/2018 11:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 1:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/19/2018 3:19 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/20/2018 10:12 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2018 8:02 AM
16.A.13
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05/08/2018
Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM
16.A.13
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RACETRAC AT PINE RIDGE
LOCATION MAP
16.A.13.a
Packet Pg. 626 Attachment: Location Map (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and RaceTrac Petroleum)
16.A.13.b
Packet Pg. 627 Attachment: Utilities Facilities Quit Claim Deed and Bill of Sale (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County
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Packet Pg. 628 Attachment: Utilities Facilities Quit Claim Deed and Bill of Sale (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County
16.A.13.b
Packet Pg. 629 Attachment: Utilities Facilities Quit Claim Deed and Bill of Sale (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County
16.A.13.b
Packet Pg. 630 Attachment: Utilities Facilities Quit Claim Deed and Bill of Sale (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and
2663988 OR: 2699 PG: 2209
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/18/2000 at 11:52AM DWIGHT E. BROCK, CLERK
REC FEE
DGC-.70
15.00
.70
Rem:
ENGINEERING REVIEW SERVICES
SHIRLEY NIX
EXT 5586
UTILITY FACILITIES LIMITED WARRANTY DEED
THIS INDENTURE made this 1day of October, 1999, between RACETRAC
PETROLEUM, INC., a Georgia corporation, 300 Technology Court, Smyrna, Georgia 30082, by
its President, Max Lenker, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, 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, has granted, bargained and sold to the said Grantee, and
Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within
the following described land, together with appurtenant easement rights for the operation,
installation and maintenance of said facilities, situate, lying and being in Collier County, Florida,
to wit:
*0 bo
1/5 Li [fS v; (See Exhibit "A" attached hereto and incorporated by reference herein.)
«T>
and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the
same against the lawful claims of all persons claiming by or through Grantor, but not otherwise.
For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to
convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or
plural, as context requires. THERE IS NO WARRANTY WITH RESPECT TO THE CONDITION OF THE
FACILITIES, EXPRESS OR IMPLIED, NOR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
$ c
^ -
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the
right to enter upon said land, for the purpose of constructing, operating, and maintaining utility
facilities 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.
?. RACETRAC PETROLEUM, INC. —-a Georgia corporation Witness £ Qatms /
16.A.13.c
Packet Pg. 631 Attachment: Original Utilities Facilities Limited Warranty Deed (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and
OR: 2699 PG: 2210
State of Georgia
County of Cobb
The foregoing Utility Facilities Limited Warranty Deed was acknowledged before me
this r~,t ^3ay of October, 1999, by Max Lenker, personally known to me as President of Racetrac
Petroleum, Inc., a QgQjeia corporation, on behalf of the corporation, who did not take an oath.
(notai&I
; / EXPIRES \ |
1 I GEORGIA ; E $UM \ MARCH 19,2001 / i CU*Qt—j i --—-Notary Public
My Commission Expires:
Document prepared by:
Legal Department
Racetrac Petroleum, Inc.
300 Technology Court
Smyrna, Georgia 30082
16.A.13.c
Packet Pg. 632 Attachment: Original Utilities Facilities Limited Warranty Deed (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and
*** OR: 2699 FG: 2211 ***
Exhibit "A"
Utility Easement Area
THE WEST 20.00 FEET OF THE SOUTH 225 FEET OF TRACT 61, GOLDEN GATE
ESTATES, UNIT 35, COLLIER COUNTY, FLORIDA
N
LIVINGSTON WOODS LANE
SCALE: 1" - 100'
TRACT 61
% i
it / tu I
- - ? — 20'
225'
L. i
PINE RIDGE ROAD
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Packet Pg. 633 Attachment: Original Utilities Facilities Limited Warranty Deed (5252 : Utilities Facilities Quit Claim Deed/Bill of Sale between Collier County and