Agenda 06/12/2012 Item #16A126/12/2012 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to acknowledge a Statutory Deed between Collier County and Citygate
Development, LLC. as recorded in Official Record Book (OR) 3985, Pages 3420 through 3422, and
to authorize the Clerk of Courts to make notation on the original plat of the recording of the deed.
OBJECTIVE:
To acknowledge a Statutory Deed between Collier County and Citygate Development, LLC., as
recorded in OR Book 3985, Pages 3420 through 3422, and to direct the Clerk of Courts to make a
notation of the recording on the original plat as recorded in Plat Book 41, Pages 6 -7. The notation
should read as follows: IN ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN /
CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED
BY STATUTORY DEED THE PORTION OF THE 70' WIDE COUNTY RIGHT -OF -WAY
SHOWN HEREON TO CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND
THIS STATUTORY DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE
3420 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY.
CONSIDERATIONS:
On February 24, 2004, the Board of County Commissioners approved the plat for City Gate Commerce
Center, Phase One. The-plat was recorded in -Plat Book 41, Pages b and 7. The developer rerouted the
landfill road also known as Access Road No. 1, and incorporated the area where the Access Road had
been into 6 of the Lots. A note on Sheet 2 of the plat makes reference to the proposed vacation or
elimination of the Access Road in the future. Anyone doing title work or research on these properties
has to do further research to determine if the vacation or transfer of Access Road No. 1 ever occurred.
Having the Clerk of Courts make notation on the original plat will assist anyone researching the Lots
in the future. The County abandoned the Landfill Road upon the construction of City Gate Boulevard.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
There was no revenue generated by this Executive Summary.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
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6/12/2012 Item 16.A.12.
LEGAL CONSIDERATIONS:
Although not commonly referred to as such, "Statutory Deeds" are those deeds following the form
specifically prescribed in Florida Statute Section 689.02. There is no legal issue or impropriety in
acknowledging a "Statutory Deed" as compared to the more common "Warranty Deed ". The instant
request to authorize the Clerk of Courts to make a notation on a recorded plat is supported by Florida
Statutes. Notations on plats are permitted under Section 177.101(2), Florida Statutes. Notations are
allowed when there are differences between what is platted and what exists on the ground. This does
appear to be such a situation in that the Landfill Road is platted and one would expect to find in on the
premises, but for a note on the second page of the existing recorded plat. This item has been reviewed by
the County Attorney's Office and is legally sufficient for Board action. A majority vote is required. STW
RECOMMENDATION:
The Board of County Commissioners direct the Clerk of Courts to make notation on the original
plat of the Statutory Deed as recorded in OR Book 3985, Pages 3420 through 3422; to wit: IN
ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION
AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED BY STATUTORY
DEED THE PORTION OF THE 70' WIDE COUNTY RIGHT -OF -WAY SHOWN HEREON TO
CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY
DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET SEQ. OF THE
PUBLIC RECORDS OF COLLIER COUNTY.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development Services /Engineering
Review, Growth Management Division, Planning and Regulation
Attachments: 1) Statutory Deed 2) Plat Map of City Gate Commerce Park, Phase One
3) Resolution
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6/12/2012 Item 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to acknowledge a Statutory Deed between Collier County and Citygate
Development, LLC. as recorded in Official Record Book (OR) 3985, Pages 3420 through 3422,
and to authorize the Clerk of Courts to make notation on the original plat of the recording of
the deed.
Meeting Date: 6/12/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
5/14/2012 10:24:48 AM
Submitted by
Title: Site Plans Reviewer, Senior,Engineering & Environrn
Name: HouldsworthJohn
5/14/2012 10:24:49 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/16/2012 10:58:08 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/16/2012 12:57:51 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 5/21/2012 10:00:59 AM
Packet Page -1127-
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/21/2012 2:11:55 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 5/29/2012 10:23:11 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/29/2012 11:15:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/2012 11:33:18 AM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 10:28:37 PM
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6/12/2012 Item 16.A.12.
3788653 6/12/2012 Item 16_A.12.
RECORDED in OFFICIAL RECORDS of COLLIER CODRTI, FL
PROJECT: SCRWTP Expansion 02/21/2006 at 12:25PK DWIGHT E. BROCI, CLERK
RBC FBI 27.00
DOC -.70 .70
Iim"epare- ire COPIES 3.00
E11e tre
Off ,_e of .�,,, �. , Attornly KISC 1.50
73Ci E:.st ''+' + -.ai Trail Retn:
. r wrida 34112 CLERK TO THE BOARD
(941) 174 -8400 IKTIROFFICI 4TH FLOOR
BIT 7240
STATUTORY DEED
THIS DEED, made this day ofE i i� v Ar2`� , 20� by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34 hereinafter referred to as "Grantor"), to
CITYGATE DEVELOPMENT, LL.. I&"A'ited liability company (hereinafter
referred to as "Grantee "). f `
(Whenever used he
to this _instrument and thej
WITNESSETH thalk t P ra tqr, f
Dollars, ($10.00) to it jilt it
acknowledged, does he r> grant, bargain
described land lying and b ` in Collier County
See Exhibit " ed hereto
Subject to easements,
�nd�'Grantee" include all the parties
hn "delation of the sum of Ten
jp,,;-r ceipt whereof is hereby
uflr he Grantee, the following
C
a part hereof)
reservations of record.
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.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
►QC By:
y e ty Clerk , Chairman
Est as- to wars s
>sirs
(OFFICIAI.;'8EAj Apps d as to form a legal sufficiency
Assistant County Attorney L
Ellen T. Cha&ell
Packet Page -1129-
SEC71ON 35,
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RANGE 26 EAST.
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SKETCH OF DESCRIP71ON (THIS IS NOT A SURVE
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NOTED:
S.F.R.N. STAFF
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EXCHANGE EASEMENT T
SDSK PROJECT. 0051800
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LEGAL DESCRIPTION - EXCHANGE PARCEL "1"
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A parcel of land being a portion the 70.00 foot wide landfill road lying in Section 35, Township 49 South,
Range 26 East, Cooler County, Florida. Said parcel of land being more particularly described as follows:
Commenting at the Quarter Comer common to Sections 34 and 33, Township 49 South, Range 26 East,
Collier County, Florida, run thence N00129'15"W along the West line of said Section 35 o distance of 1382.43
feet to a point on the centerline of the proposed Access Rood No. 1 as shown on the State of Florida
Deportment of Transportation Right -of -Way map for State Road 93 (1 -75) sheet 8 of 10; thence along the
centerline of the proposed Access Rood No. 1, N 89'36'01 "E a distance of 100.00 feet to a point on -the
Easterly Right -of -Way line of a canal, said point also being on the , centerline of the proposed access road
to the Water Treatment Plant Parcel; thence along said- Easterly Right -of -Way line of sold canal
S0079'15 "E a distonce of 50.00 fact to the Southwest (SW) corner of a proposed 100.00 foot wide access
road, and POINT OF BEGINNING. thence along the Southerly line of said proposed access rood N89 31'01 "E a
distance of 70.16 feet; thence S0471'OB" E a distance of 293.15 feet; thence S024625 "E a distance of
751.56 feet to the point of curvature o r the Northeast having a radius of 266.00 feet;
thence Southeasterly along the arc s al angle of 41'01'29 "'a distance of 190.46
feet to the point of tangency, to ,4754"E o distance f ta6.05 feet to a point on the South line
of the Northwest Qurter (NW1 said Section 35; thence 9'Ot' 1 "W along said south line a distance'
of 95.40 feet; thence N43'4 4*Y a s an t; to -a pant of curvature of a curve concave
is the- -Northeast - having- a dnrs/'of fee#- nce A rthwe ' -along the- Of- arc-eurre through
a central angle of 41TI 29' a ' f , o �Of tbngency, thence NO2'46 25 W a
distance of 750.60 feet; t ce 71 a t o; 6. f et tb the POINT OF BEGINNING.
Said herein described pare = g 2 rely a or ss i.w
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SKETCH OF DESCRIPTION (THI5 IS NOT A SURVEY) EXCHANGE EASEMENT "1"
„S,CRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800
COLDER COUNTY FLORIDA CAD FILE: 0051800A.dwg
NOTED: Sao BOW srr:
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Packet Page -1133-
6/12/2012 Item 16.A.12.
RESOLUTION NO. 12-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
ACKNOWLEDGE A STATUTORY DEED BETWEEN COLLIER
COUNTY AND CITYGATE DEVELOPMENT, LLC., AS
RECORDED IN OFFICIAL RECORD BOOK 3985, PAGE 3420,
AND TO AUTHORIZE THE CLERK OF COURTS TO MAKE A
NOTATION AS NOTED BELOW IN BOLD OF THE STATUTORY
DEED ON THE PLAT AS RECORDED IN PLAT BOOK 41, PAGES
6 -7 OF THE PUBLIC RECORDS OF THIS COUNTY
WHEREAS, ON February 24, 2004, the Board of County Commissioners
approved the plat for City Gate Commerce Center, Phase One; and
WHEREAS, Sheet 2 of the plat shows a 70' access road across a portion of Lots 7
through 12, together with a Note stating that the access road is to be abandoned; and
WHEREAS, upon completion of the improvements associated with City Gate
Commerce Center, Phase One, the 70' access road was in fact abandoned; and
-- - WHEREAS, on February -21- -2006 a- Statutory Deed- was - recorded whereby -
Collier County conveyed those lands associated with the 70' access road to Citygate
Development, LL.; and AW
WHEREAS, Citygate Development, LLC has requested that a note be added to
the original plat referencing the Statutory Deed as clarity for chain of title.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Clerk of Courts make
appropriate notation of this acknowledgment and reference the Statutory Deed on the
original plat as recorded in Plat Book 41, Pages 6 -7 of the Public Records; to wit: IN
ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN /
CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY
CONVEYED BY STATUTORY DEED THE PORTION OF THE 70' WIDE
COUNTY RIGHT -OF -WAY SHOWN HEREON TO CITYGATE
DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY
DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET
SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY.
Packet Page -1134-
6/12/2012 Item 16.A.12.
This Resolution adopted after motion, second and majority vote favoring same, this
day of , 2012.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal
sufficiency:
Steven T. Williams
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Packet Page -1135-