Backup Documents 09/14/2010 Item #16B 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP r '
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper- Attach to original docmnenl_ Original doeumenP should be hand delivered to the Board Office. "I he completed routing slip and original
documents are to he tbrwaded to the Board Office onk after dic Ruard hos taken action on the will
ROUTING SLIP
Complete muting lines #1 through #4 as appropriate for additional signatures, dates, and/or intomtation needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu routing lines # 1 through #4 complete the checklist and forward to Sue Filson line #51
Route to Addressee(s)
List in muting order
Office
Initials
Date
I.
Growth Management_ Division, TECM
--------
Applic able)
2w
September 15, 2009
Agenda Item Number
16 B7
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Ian Mitchell, BCC Supervisor
Board of County Commissioners
Number of Original
Iu / ,
( (A
5. Minutes and Records
Note: Attestation only)
_
Clerk of Court's Office
Documents Attached
6. Rebecca Harding
Growth Mgmt. Div., 'FECM/ROW
PRIMARY CONTACT INFORMATION
(Ihe primary contact is the holder of the original dmument pending BC(' approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Rebecca Harding, Property Acq. Specialist
Phone Number
252 -5805
Contact
Growth Management_ Division, TECM
(Initial)
Applic able)
Agenda Date Item was
September 15, 2009
Agenda Item Number
16 B7
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Quitclaim Deed
Number of Original
I
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1. Forms/ County Forms/ RCC Forts/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other panics except the BCC Chairman and the Clerk to the Board
'A ! "]
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
/
time frame or the BCC's actions are nullified. Be aware of your deadlines!
/
6.
The document was approved by the BCC on 9/15/2009 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
_
/
County Attorney's Office has reviewed the changes, if applicable.
1. Forms/ County Forms/ RCC Forts/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1607
Co e-r County
GROWTH MANAGEMENT DIVISION
TRANSPORTATION ENGINEERING DEPARTMENT
RIGHT -OF -WAY ACQUISITIONS
INTEROFFICE MEMORANDUM
DATE: October 8, 2010
TO: Ian Mitchell, BCC Supervisor
FROM: Rebecca Harding, Property Acquisition Specialist �.
SUBJECT: Quit Claim Deed to Daniel J. Griffin /
Attached is a quitclaim deed to convey a small strip of property to Daniel Griffin. This
conveyance was originally approved by the BCC on September 15, 2009 as Agenda Item
Number 16137. (The Executive Summary for that item is attached for your reference, if needed.)
The original quitclaim deed was signed by Chairman Donna Fiala on that date and on Sept. 22,
2009 I hand carried the original deed to Peter Flood, Daniel J. Griffin's attorney, for him to
record.
As it turns out, that original quitclaim deed was misplaced or lost ( ?) and was never recorded.
That's the reason I have drawn up a second deed and am submitting it to you for Chairman Coyle
to sign. Jennifer White, Assistant County Attorney, suggested that I give you some background
information when submitting this deed for the second time. I have requested from Peter Flood
that he record this new deed immediately upon his receipt of it.
Thank you and let me know if you have questions.
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oPkopett* 01Eegaaltion 8pedahst
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dV6ples, 0rf 34104
(239) 252 -6806; email tebeccahatd(n @eollletFov.net
• I A
EXECUTIVE SUMMARY
Recommendation to quitclaim to Daniel J. Griffin a 30 foot strip of property that was originally
quitclaimed to Collier County for road right -of -way by Griffin's predecessor in title. (Fiscal
Impact: $0)
OBJECTIVE: To obtain the Board of County Commissioners' approval to quitclaim a 30 foot strip
of land to Daniel J. Griffin, the owner of the adjacent homestead property.
CONSIDERATIONS: The subject property is approximately 30 feet wide and 165 feet in length, and
is located west of and adjacent to Daniel J. Griffin's homestead property (folio # 00165401609). Mr.
Griffin's homestead property is described as the S '/z of the SW '/a of the SE/4 of the NW '/q of Section
24, Township 48, Range 25, less the West 30 feet. It is this "West 30 feet" that the owner is
requesting the County quitclaim to him so that it may be incorporated into his homestead property.
On May 19, 2009, a letter was received from Peter T. Flood, Mr. Griffin's attorney, requesting that the
County quitclaim said 30 foot wide strip of land to his client. Research was conducted into the history
of this parcel and a former private road project which was referred to as the Lakeland Avenue
Extension. The following is a brief synopsis of the past events concerning this parcel and the above -
referenced project.
In 1984 a group of property owners living in the area informally known as "Armadillo Estates"
petitioned the Board to pave an extension of Lakeland Avenue. The owners were proposing to form a
six - member assessment district and four of them quitclaimed portions of their properties to the County
to allow for construction of a road. However, two of the six owners refused to join the assessment
district or to convey any of their land to the County. Eventually, the four owners who wanted a paved
road pooled their funds and constructed a driveway in front of their properties.
Eleven years later, in 1995, several of the owners filed a petition (No. AV -95 -016) asking the County
to vacate the right -of -way and return the land to them. At the October 24, 1995 BCC meeting, Item
No. 12C6, one of the owners cited Section 255.22, Florida Statutes as legal justification for the County
to return the owners' property.
At the conclusion of the presentation of BCC Agenda Item No. 12C6, the County Commissioners voted
unanimously to quitclaim each of the 30 foot right -of -way strips back to the property owners, but
reserve the right of utility access over each one. In searching through the Collier County public
records, it appears as though the 30 ft. strip adjacent to Mr. Griffin's property was never deeded back
by the County. That is the reason that Mr. Griffin, through his attorney, Peter Flood, is requesting the
conveyance at this time.
FISCAL IMPACT: There is no fiscal impact associated with this recommendation.
1667
LEGAL CONSIDERATIONS: Section 255.22, Florida Statutes provides that if a property owner
donates land to the County and the County fails to use the land for its specified purpose within a period
of 60 consecutive months (or fails to identify the proposed use of such property in a comprehensive
plan or other public facilities plan), then upon written demand of the grantor's successors in title
owning such adjoining land, the County may execute and deliver a quitclaim deed to the party making
such demand. This item is legally sufficient for Board action. This item is a regular item requiring a
majority vote. - JBW
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve this recommendation and authorize its Chairman to execute the attached Quitclaim Deed
on behalf of the Board, reserving unto the County a utility easement over, under, upon and across
the subject property;
2. Authorize the County Manager or his designee to deliver said Quitclaim Deed to Mr. Griffin's
attorney.
Prepared by: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments: (1) Quitclaim Deed; (2) Property Location Map; (3) Item # 12C6 from 10/24/95 BCC
Meeting; (4) Florida Statute 255.22; (5) Prior Quitclaim Deed to Collier County.
PROJECT: # 99999 (MISCELLANEOUS)
PARCEL: 180
FOLIO: 00165401609
M.;
d
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this 2009, b
��day of� ���
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred as
"Grantor "), to DANIEL J. GRIFFIN, a married man, whose mailing address is 840
Lakeland Avenue, Naples, Florida 34110 -1320 (hereinafter referred as "Grantee "):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
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 was conveyed to County via
quitclaim deed on April 7, 1984, in Official Records Book 1076, Page 536, of the Public
Records of Collier County in and to the following described lot, piece or parcel of land
situate, lying and being in Collier County, Florida, to wit (the "PROPERTY "):
THE WESTERLY 30 FEET OF A PARCEL OF LAND HEREINAFTER DESCRIBED
AS THE SOUTH ONE HALF (S 1/2) OF THE SOUTHWEST ONE. QUARTER (SW
1/4) OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF THE NORTHWEST ONE
QUARTER (NW 1/4) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SECTION
24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR
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, provided however that GRANTOR retains
unto itself a perpetual, non - exclusive utility easement over, under, upon and across the
Property with license and privilege to enter upon, and to install and maintain utility
facilities. Subject to easements, restrictions and reservations of record.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ATTEST:
DWIGHT E. BRROCK, Clerk
0
Approved as to form and
legal sufficiency:
As-
sst'tant County Attorney
Sr tJh11 F£ R 1S • w t-Ir E
BOARD OF COUNTY COMMISSIONERS
COLLIER COy� TY, FLORIDA, Y
BY:
�lrr�
DONNA FIALA, Chairman
r
Daniel J. Griffin property
A,
I TA
tom,o"
Subject property - 30 ft.
strip that Mr. Griffin is
asking the County to
quitclaim 616
i.
1697
. r4.
Daniel J. Griffin's
homestead property —
folio #001654401609
dt. T141 I
MWT I
tx.
Mr. Griffin also owns
Jr
this parcel w/his wife.
The 30 ft. strip . lr-zl A"
associated w/this parcel
was deeded back in
prior years.
Folio Number: 00165401609
Name: GRIFFIN, DANIEL J
Street# & Name: 840 LAKELAND AVE
Legal Description: 24 48 25 S1/2 OF SW1 /4 OF SE 1/4 OF NW1 /4 OF NE1 /4 LESS W 30FT
• r
MEMORANDUM
Date: October 11, 2010
To: Rebecca Harding, Property Acquisition
Transportation Engineering & Construction Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: (Re- submitted) Daniel J. Griffin Quitclaim Deed
Parcel 180 — Project #99999
Attached for further processing, is the original deed referenced above,
(Item #16B7) approved by the Board of County Commissioners on
Tuesday, September 15, 2009.
After the document has been recorded in the County's Official Land
Records we request it is returned to Minutes & Record's Department
where it will be held with the Board's Official Records.
If you have any questions please contact me at 252 -8406.
Thank you.
Attachment
• i ,
PROJECT:
# 99999 (MISCELLANEOUS)
PARCEL:
180
FOLIO:
00165401609
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this ''t day of 2010 by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred as
"Grantor "), to DANIEL J. GRIFFIN, a married man, whose mailing address is 840
Lakeland Avenue, Naples, Florida 34110 -1320 (hereinafter referred as "Grantee "):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
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 was conveyed to County via
quitclaim deed on April 7, 1984, in Official Records Book 1076, Page 636, of the Public
Records of Collier County in and to the following described lot, piece or parcel of land
situate, lying and being in Collier County, Florida, to wit (the "PROPERTY "):
THE WESTERLY 30 FEET OF A PARCEL OF LAND HEREINAFTER DESCRIBED
AS THE SOUTH ONE HALF (S 112) OF THE SOUTHWEST ONE QUARTER (SW
1/4) OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF THE NORTHWEST ONE
QUARTER (NW 1/4) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SECTION
24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR
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, provided however that GRANTOR retains
unto itself a perpetual, non - exclusive utility easement over, under, upon and across the
Property with license and privilege to enter upon, and to install and maintain utility
facilities. Subject to easements, restrictions and reservations of record.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
� uty�Clerk ..
A/rMit r N' � y
Approved as to form and
legal suffrcigpcy;
Assistant County Attorney
7�s�(.)NoFLe— 3 . — ' \TL
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN