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Backup Documents 12/13-14/2011 Item #16A 316A3 ENGINEERING REVIEW DEPARTMENT MEMORANDUM TO: Trish Morgan Clerk to the Board FROM: John R. Houldsworth Senior Site Plans Reviewer RE: Classics Plantation Estates Phase Four, City Gate Commercial Center Phase Two, White Lake Corporate Park Phase Two Letter of Credit No.'s 5030157 (Classics), City Gate 2 Escrow Agreement, S409384 (White Lake) DATE: December 15, 2011 On December 13, 2011, the Board of County Commissioners authorized release of the securities referenced above. Please have these securities available for pick up and we will see that it is returned to the applicant. If you have any questions, please let me know. Released by: Returned to: JRH 16A 3 RESOLUTION NO. 11- 21 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CITY GATE COMMERCE CENTER, PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100; AND ACCEPTANCE OF TRACT 'A' OF CITY GATE COMMERCE CENTER PHASE ONE; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE DEDICATIONS TO THE COUNTY WHICH WERE MADE ON THE PLAT AND ACCEPTANCE OF THE EASEMENTS WHICH ARE DEDICATED PURSUANT TO THE ATTACHED WARRANTY DEED; THE ROADWAY AND DRAINAGE IMPROVEMENTS ARE REQUIRED TO BE MAINTAINED BY THE CITY GATE COMMERCE CENTER COMMUNITY DEVELOPMENT DISTRICT OR CITYGATE DEVELOPMENT,LLC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 28, 2009, approved the plat of City Gate Commerce Center, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Land Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. 16A 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in City Gate Commerce Center, Phase Two, pursuant to the plat thereof recorded in Plat Book 48, pages 97 through 100, as well as those improvements within Tract 'A' of City Gate Commerce Center, Phase One, and the Clerk is hereby authorized to release the maintenance security. Additionally, the Clerk will make notation of the Board's acceptance of the Warranty Deeds on the final plats of City Gate Commerce Center, Phase One as recorded in Plat Book 41, pages 6 through 7 and City Gate Commerce Center, Phase Two. The Owner will reimburse the County the recording costs of the Warranty Deeds. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within City Gate Commerce Center, Phase Two, and Tract 'A' of City Gate Commerce Center, Phase One will be maintained privately, and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this )3) day of 12CZrob( , 2011. d a DATE:AX4ew BOARD OF COUNTY COMMISSIONERS , � d I ATTFA4 Y`"" COLLIER COUNTY, FLORIDA WIGHT E.'BROC(,_CLERK a 9 W. a r lJV ,� ma's �,�ll►• By• �t to it `�: FRED COYLE , CHAI AN i$gs1tw't Otn 14 Approved as to form and legal sufficiency: Steven T. Williams '`('7/, Assistant Collier County Attorney This Instrument Prepared By and Please Return To: Roger B.Rice,P.A. 9010 Strada Stell Court,Suite 207 Naples, Florida 34109 (239)593-1002 WARRANTY DEED CITY GATE COMMERCE CENTER, PHASE ONE TRACT"A" THIS DEDICATION, made this `� day of November, A.D. 2011, between CITYGATE DEVELOPMENT, LLC a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308, and the CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC., whose mailing address is c/o Roger B. Rice, Esquire, 9010 Strada Stell Court, Suite 207, Naples, Florida 34109 (collectively "Grantor"), and the CITY GATE COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district, its successors and assigns ("Grantee'),whose address is: c/o Roger B. Rice, Esquire,9010 Strada Stell Court, Suite 207,Naples, Florida 34109. Whereas Grantor caused the Plat entitled City Gate Commerce Center, Phase One to be recorded in Plat Book 41, Pages 6-7,of the Public Records of Collier County, Florida. Whereas the Plat entitled City Gate Commerce Center, Phase Two has been recorded in Plat Book 49, Pages 97-101, of the Public Records of Collier County, Florida. Whereas the Plat of City Gate Commerce Center, Phase One dedicated Tract "A" to the CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC. "as an open space for access purposes, subject to the easements dedicated and depicted hereon [Phase One Plat, Plat Book 41, Pages 6-7] (C.U.E., P.U.E., I.E., D.E.), which easements are suborcnate to, and may not be used inconsistent with, the use of the right-of-way by Collier County for roadway purposes including but not limited to, pavement, roadway drainage, bike lanes, sidewalks and pathways, with responsibility for maintenance." Whereas Grantor now wishes to dedicate Tract "A" to the City Gate Community Development District as public road right-of-way, open to travel by the public, subject to the easements dedicated and depicted (C.U.E., P.U.E., I.E., D.E.)on the Plat of City Gale Commerce Center, Phase One, [Phase One Plat, Plat Book 41, Pages 6-7] and with the responsibility for maintenance. Whereas General Note 20 of the Plat of City Gate Commerce Center, Phase Two provides: All or any portion of tract "R" reserved on this plat as a private road Right-of-Way may, by subsequent instrument, be dedicated as Public Road Right-of- Way to Collier County, the City Gate Community Development District, or the City Gate Master Property Owners Association, Inc. pursuant to, and with maintenance responsibility as provided in, that certain Developer Agreement dated December 1, 2009 and recorred in O.R. Book 4517, Page 640-704 et seq. of the Public Records of Collier County, Florida. NOW THEREFORE Grantor, does hereby grant and dedicate to the Grantee, and its successors and assigns forever, Tract "A"of the Plat of City Gate Commerce Center, Phase One, recorded in Plat Book 41, Pages 6-7, of the Public Records of Collier County, Florida, as public road right-of-way, with maintenance responsibility, including all sidewalks, roadway and drainage improvements, street lighting poles and fixtures, and all landscape materials (collectively "Improvements") located thereon or in, together with appurtenant easement rights for the operation, installation and maintenance of said Improvements, subject to the easements(C.U.E., P.U.E., I.E., D.E.)dedicated and depicted on the Plat of City Gate Commerce Center, Phase One Plat,recorded in Plat Book 41, Pages 6-7, of the Public Records of Collier County, Florida. Property Appraiser's Parcel Identification Number: 26095000028 This conveyance is subject to easements, restrictions, limitations and conditions of record, but any such interests that may have been terminated are not hereby re-imposed. The easements(C.U.E., P.U.E., I.E., D.E.) dedicated and depicted on the Plat of City Gate Commerce Center, Phase One Plat are subordinate to, and may not be used inconsistent with, the use of Tract "A", or a portion thereof, as Right-of-Way by Collier County for roadway purposes including but not limited to, pavement, roadway drainage,bike lanes, sidewalks and pathways. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Page 1 of 3 IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal,the day and year first above written. Signed, sealed and delivered in CITYGATE DEVELOPMENT, LLC the presence of: < z eph . Weber,Vice President (Sign re of first W ness) (Printed,Jtyped or stampe name of first Witness.) (rN9 -- (Signature of second Witness) v . urdie,2i • (Printed,typed or stamped name of second witness) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,-1 _day of November,2011,by Joseph R. Weber,as Vice President of CITYGATE DEVELOPMENT, LLC. Such person(s)(Notary Public must check applicable box): is personally known to me. [ ] produced a current driver license. iiiiiisdhiairdbmihabay,dywho,;`._"••a, ELENA M.UNONER [ ] produced as identification. Public- slate of Florida 71- 7,_ Nov 3.2015 . ( Commission i EE 14347$ • Woo um*NtMony airy kw. No a Public (Printed,Typed or Stamged Name ofNotwsv Public Commission No.: tHa-M My Commission Expires: Page 2 of 3 Signed, sealed and delivered in CITY GATE COMMERCE PARK MASTER PROPERTY the presence of: OWNERS ASSOCIATION, INC. Ronald G ice, President (Si ature of first Witness) (Printed,typed or ped name of itnes (Signature of second itness) -�G M ( Jsci+ee/ (Printed,typed or stamped name of second witness) STATE OF FLORIDA) COUNTY OF COLLIER) tV " foregoing instrument was acknowledged before me this t- The day of November,2011, by Ronald G. Rice,as President of CITY GATE COMMERCE PARK MASTER PROPERTOWNERS ASSOCIATION, INC. Such person(s)(Notary Public must check applicable box): .{�is personally known to me. [ ] produced a current drive 'cense. [ ] produced as identification. Maw Of a MY Cow SUN E*S+NSP3 �t .ta _P_ublic I gItiesig Tim* M tam I. rC�T2P,/ mis Typed.: Staye�d e`fI N-o ry Public ammission No.: �j • My Commission Expires: Page 3 of 3 This Instrument Prepared By and Please Return To: Roger B. Rice, P.A. 9010 Strada Stell Court Suite 207 Naples, Florida 34109 (239)593-1002 DEDICATION OF ROW CITY GATE COMMERCE CENTER PHASE TWO PLAT THIS DEDICATION, made this r 0'11‘day of November, A.D. 2011, between 850 NWN, LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308,joined by CG II, LLC, a Florida limited liability company (collectively "Grantor"), and the CITY GATE COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district, its successors and assigns ("Grantee"), whose address is: c/o Roger B. Rice, Esquire, 9010 Strada Stell Court, Suite 207,Naples, Florida 34109. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor" and "Grantee"are used for singular and plural,as the context requires and the use of any gender shall include all genders.) Whereas Grantor caused the Plat entitled City Gate Commerce Center, Phase Two to be recorded in Plat Book 49, Pages 97-101, Public Records of Collier County, Florida. Whereas the Plat of City Gate Commerce Center, Phase Two reserved to Grantor, its successors and assigns, Tract"R""as a private road right-of-way, but open to travel by the public, subject to easements depicted hereon with responsibility for maintenance." Whereas General Note 20 of the Plat of City Gate Commerce Center, Phase Two provides: All or any portion of tract"R"reserved on this plat as a private road Right-of-Way may,by subsequent instrument, be dedicated as Public Road Right-of-Way to Collier County, the City Gate Community Development District, or the City Gate Master Property Owners Association, Inc. pursuant to, and with maintenance responsibility as provided in, that certain Developer Agreement dated December 1, 2009 and recorded in O.R. Book 4517, Page 640-704 et seq. of the Public Records of Collier County, Florida. NOW THEREFORE Grantor, does hereby grant and dedicate to the Grantee, and its successors and assigns forever, Tract "R" of the Plat of City Gate Commerce Center, Phase Two, recorded in Plat Book 49, Pages 97-101, of the Public Records of Collier County, Florida, as public road right- of-way, with maintenance responsibility, including all sidewalks and paths, roadway and drainage improvements, and all landscape materials (collectively "Improvements") located thereon or in, together with appurtenant easement rights for the operation, installation and maintenance of said Improvements, subject to the easements (C.U.E., P.U.E., I.E., D.E.) dedicated and depicted on the Plat of City Gate Commerce Center, Phase One Plat, recorded in Plat Book 49, Pages 97-101, of the Public Records of Collier County, Florida. Property Appraiser's Parcel Identification Number: 26095000484 This conveyance is subject to easements, restrictions, limitations and conditions of record. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Page 1 of 3 Signed, sealed and delivered in CG II, LLC the presence of: � J seph R. Weber, Vice President (Signature of first fitness ere. IA. U,r-& ( (Printed,typed or stamped name of first Witness.) YJ� , c � (S n ure of second Witness) (z1cP • (Printed, ped or stamped name of second witness) STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of November,2011,by Joseph R. Weber,as Vice President of CG II, LLC. Such person(s)(Notary Public must check applicable box): k]" is personally known to me. [ ] produced a current driver license. [ ] produced as identification. ' .u� StIMA M.UNONER 411 ' � ♦ � tIM�f commmm.Fat*Nta 3. -Publ { „Implosion• lam 1%4. urvirer _ IP _ _ d NON inted, Typed or Stamped Name of Nota Public •mmission No.: E€ 143y-1 • My Commission Expires: Page 3 of 3 IN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in 850 NWN, LLC the presence of: y4 &UJLtL7 1/4.e......cii2E: eph R. Weber, Vice President (Signature of first Witness) Ge `_ • u j d (Printed,typed or stamped name of first Witness.) (Signature of second Witness) a Qlc '. (Printed,t ed or stamped name of second witness) STATE OF FLORIDA) COUNTY OF COLLIER) ' • The foregoing instrument was acknowledged before me this 1-1 day of November,2011,by Joseph R. Weber,as Vice President of 850 NWN, LLC. Such person(s)(Notary Public must check applicable box): [ ] is personally known to me. .... ... -- — — — [ ] produced a current driver license. rELENA M.LINDNER [ ] produced as identificati `z-, Notary Public-Stag of Florida �' •6/1114 t111'!►t Nov 3,2015 $ Commission I EE 1434I8 ` '�Q 0 Bonded Through National Notary Aua. o Publics (Printed,Typed or 1.A.agdjlame� Public Commission No.: LC..143�{'lZS • My Commission Expires: Page 2 of 3 Prepared by: Collier County Housing, Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,#211 Naples. FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded on 12/03/2001 in Official Records Book 2935, Page 0779, of the Public Records of Collier County, Florida, hereby does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Lot 1, Block A, Habitat Village, according to the Plat thereof as recorded in Plat Book 37, Pages 48 through 51, inclusive, of the public records of Collier County, Florida. (12024 Sitterley Street, Naples, FL 34113) The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. Dated this/3 day of,AKw-nb.a , 2011. ATT$T ....... °^ , BOARD OF COUNTY COMMISSIONERS DW- GH,T E. BROCK, Clerk COLLIER COUNTY, FLORIDA r y• By: ALUM as. iC. fihr 1r fti �e ut erk FRED W. COYLE, CHAR MAN I all3 f ao II tignatwet : ‘' Approved as to form and legal suf iency: Jeff . W ght Assist n ounty Attorney