Agenda 01/27/2009 Item #16A 8
Agenda Item No, 16A8
January 27.2009
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Mission Hills Shopping Center
with the loop road and associated drainage improvements being
maintained by Collier County. The property owners association will
maintain the internal paving and drainage improvements within the
shopping center.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Mission Hills Shopping Center.
CONSIDERATIONS:
1. On March 3, 2005, Engineering and Environmental Services Department
granted preliminary acceptance of the roadway and drainage
improvements in Mission Hills Shopping Center.
2. The roadway and drainage improvements within the shopping center will
be maintained by the project's property owners association, Collier
County will maintain the Loop Road improvements, In 2004, Collier
County accepted a Deed for a portion of the Loop Road which is outside
of the platted area, Tract 'A', which is within the plat, was dedicated to
Collier County via the plat of Mission Hills Shopping Center.
3. The required improvements have been constructed in accordance with the
Land Development Code, The Engineering and Environmental Services
Department and Transportation Services have inspected the
improvements and are recommending final acceptance of the
improvements,
4, A resolution for final acceptance has been prepared and approved by the
County Attorney's Office, A copy of the document is attached,
5. This PUD has been found to be in substantial compliance,
FISCAL IMPACT:
The internal roadway and drainage improvements will be maintained by the
project's property owners association, The Loop Road will be maintained out of
the County's operations and maintenance budget. It is estimated that the yearly
maintenance cost will be approximately $4,000,00, NC
Agenda Item No, 16A8
January 27. 2009
Page 2 of 13
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency, This item is ready for Board consideration and approval. This matter
is quasi-judicial and requires ex parte disclosures. A majority vote of the Board is
necessary for Board action, STW
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in Mission Hills Shopping Center and release the
maintenance security,
1, Authorize the Chairman to execute the attached resolution authorizing
final acceptance,
2, Authorize the release of the maintenance security,
PREPARED BY: Stan Chrzanowski, P,E" Engineering and Environmental
Services Department
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No, 16A8
January 27,2009
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to grant final approval of the roadway (public) and drainage improvements
for the final plat of Mission Hills Shopping Center with the loop road and associated drainage
improvements being maintained by Collier County. The property owners association will
maintain the internal paving and drainage improvements within the shopping center.
1/27/200990000 AM
Prepared By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Date
Engineering Services
12/3/2008 1 :57:16 PM
Approved By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
CDES Engineering
12/5/200810:13 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Attorney's Office
Date
12/5/200811 :14 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
12/5/200812:30 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
12/8/20089:36 AM
Approv{"d By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
1/8/200911:32 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/9/2009 9:37 AM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
1/12/20097:22 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
1/15/20099:53 AM
Approved By
file://C:\AgcndaTest\Export\ 122-January%2027 ,%202009\ 16. %20CONSENT%20AGEND...
1/21/2009
Page 20f2
Agenda Item No, 16AS
January 27,2009
Page 4 of 13
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/16/20092:58 PM
file://C:\AgendaTest\Export\ 122-January%2027 ,%202009\ 16,%20CONSENT%20AGEND... 1/21/2009
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PROJECT: Mission Hills Shopping Center
PPL SUBMITTAL
.
Agenda Item No, 16A8
January 'Z7. 2009
Page 6 of 13
'.
Design Tech International, Inc.
DTI Project Number: 01045
19-Mar.04
Plan Review & Inspection - Utilities, Roadway, Paving & Drainage:
SUM~RYOFIMPROVEMENTS
ON-SrrE
WATER DISTRIBUTION
SANITARY SEWER COLLECTION
STORM DRAINAGE
ROADWAY & PAVING
OFiF-SrrE
WATER DISTRIBUTION
STORM DRAINAGE
ROADWAY & PAVING
STREET LIGHTING
Probable water/sewer construction costs
0.75% Construction Document review fee
2,25% Construction Inspection fee
Probable roadway & drainage construction costs
0.75% Construction Document review feE
2,25% Construction Inspection fee
COST EST/~ TE
$88,300.00
$135,491.00
$105,632.61
$133,393.65
$31,100.00
$157,313.00
$230,192,78
$36,000.00
$254,891,00
$1,911.68
$5,735.05
$662,532,04
$4,958.99
$14,906.97
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3408919 ORl^'g3~~~~~~~~
RBCORDBD in Of!ICIAL RECORDS of cQb~ ~f~ !L
OS/26/2001 at 02:53'1 DIIGHT I. BRO~oCLIRI
COIS 10.00
IIC FlI 15.00
DOC-.TO .TO
This instrument was prepared
wilhout opinion of title by:
Gregory L. Urbanek, Esq.
Goodlcnc. Coleman &. JOOllSOR, P .A.
4001 Tamiami Trail North, Suite 300
Naples., Florida 34103
Retn: EXPRESS
RUDII ICCLom
150 210 AVI . #lTOO
ST !ITIRSBURG !L 33TOl
Project Name:
Pan::c1Number:
Parent Tract Folio Number: 00203880001
WARRANTY DEED
THIS WARRANTY DEED is made on this I 't """ day of (V\ ;];. 2004.
by BUCKSTONE ESTATES, LLC, ~~iill.lt:lia!?~ity comp (hereinafter referred to as
"Grantor"). who~e, address, i~ 3785 I ,it't , uli.~y :Naples, Florida 34105. to COLLIER
COUNTY, a pohtlcal sUbd,v,slon,1fQ1ltate of Flonda:'1", W",,'b.sors and assignS. whose post office
address is 3301 Tamiami Trail E;Il;~\.N es. Florida 34112 (he;:;'imilte"',eferred to as "Grantee).
(Wherever used herein, the th,J.~G~n~rariia\~c1U~I,1 ~ parties to this instrument and
their res1tivi{N em\:\~rs and assigns,)
Grantor, for and inicon~de ti t~e ~UjnIRfT~~eiD\l,mllOo DOLLARS ($10,00) and
other good and valuable co~~' h '<t~uffi ~tt::;hiCh is hereby acknowledged,
hereby grants, hargains, sells\ ~, remises, releases, 2Q\!.vey~ an4 clillrmns unto the Grantee, all that
certain land situate in Collier Ci;>~ Florida, to wit: ~~ / /0/
'\f "~, ~I Y
"....O,.~ ./ ,~\.
(See ExhIbIt "A "uach ,=JUld-ma,~'ll.lJt\rt hereof)
"< 1{ F erR L,/""
------:....,-:....~...--
SUBJECT TO: real estate taxes for the year 2004 and subsequent years; zoning, building code
and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral rights of
record, if any; and restrictions, reservations and easements of record.
TOGETHER with all tencments. hereditaments and appurtenances thereto belonging or m
otherwise appenaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee
simple; that Grantor has good right and lawful authority to sell and convey this land; that Grantor hereby
fully warrants the title to the land and will defend the same against the lawful claims of all persons
whomsoever.
'"'"' CONVEYANCE ACCEPTED BY 1lE
IOMD OF COUNTY COMMlS8IONER8.
COllIER COUNTY, FlORIDA,
PURSUANT TO APENDA.
DATED:S-II- 04 ITEM NO. /6 ~ )4
OR: 3~'3~P~/~7~~
Page 8 of 13
IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this
instrument the day and year first above wrinen,
Signed, Sealed and delivered
in the presence of:
BUCKSTONE ESTATES, LLC,
a Florida limited liability company
By:
Catalina Land Group, Inc"
a Florida corporation,
its Manager ~
By: ~ '/ r;;. .~
William L. Hoover, President
p~'Nam~M'r" 51EtC
/7 ~ 1
~A~~A' :;/ __
rm(Name: (" /) . /~ C -~~
, //.c,:-)~~ \~S(\),,,
/G)/ ,,)~'\.,
STATE OF FLORIDA / (~-~ '\ \
! / ~\ '-:--~h \ \
COUNTY OF COLLIER ( 1/7;:'J /(-I/"~l'\D '\ y\ \
, 1(' I 1 \ U) 11'(( I I
I I \ ^\ I Ir \1 1- I 'IJ-(tL ~
THE FOREGOING INS::!\RlIMtNT _ c~ledg, rlt ~Ion this ~ day of C
, 2004, by ~~ L. Hoover, as PreS1\ient elf CaUtj;;" Land Group, Inc., a Flo '
corporation, the manager of \1(UCI:'STONE EST A TES~C,ja yt6l;i& limited liability company, on
behalf of said entities, who ~~;I!"\sonally known to me.Jr.(L,:J~/produced
as identifical1on:'::~ ("- 1JJ/ ';'".c;... - ,: ..
'- ~) h, ""-...., -#:..\ / I .
'"I J ;~~----- ~ /" M'fCOmniuianDD1'" .,,,1" ., .~
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e A' 1_.1' 'P7 ~c: {(:..:..,j/ t'e /0', '-. ~.1-
o ry ubllc ". ',.;i- ,r i1- : "'?
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rint Harne:. . _"!w~ {(~_: ~"..~ Cl ;..:~'__
State of Flonda at Large ..~ .'f</, ..,.::z.~'. ~'" /}. _ ..s71
My Commission Expires: -, ~.~~~~~~,~ .~.~ :...~. ,', .......:: ;!f~f.~'
..:J",-~,~,-~~""", r-;'''~.)~ ,~
\0. ."'!?".' _,ii;~~'4' ....
(Notary Seal) <4.' .. ;,)1.."."",..'
~t
s-~"-"n..... ~~ -E..-.u.c;W......y~"'l'oll>au..ny,~R..<ltloc
{Pagc2of3l
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OR: 3~nMtenO!1cQ.t6M*
ja"nuary 2", '2009
Page 9 of 13
Exhibit "A"
Legal Description
I"ROf><RTY OESCRIPlION
A POlmON OF THE: SOUTH 1/2 OF TIfC SOIJTHEAST 1/4 OF SEClION .U. TOWNSHIP 4B
SOU1H. f?ANGE 2f1 EAST, COLUEH CO/JIVTr; FLOf?fOA. E1fJ/Vr; MORe PAHlICllLl\ffL Y
lXSCI?tBIrD AS FtUOIIS:
C{)UUFNrF A T THE: SOIJ71fEAST CDRNCH OF SEC7ION 34, TOWNSHIP 18 SOIITH, HAlVGE
21> cAST. CDLUt:H COIJIVTr; FLDftI[)A: THEIVCE NOHTH BB'59'06" ~ST, ALONG THE:
sot/71f LAIE OF THe SOf./THCAST 1/4 OF THE: SOUTHEAST 1/4 Of'SAID SECTION M. A
aSTANCE OF 1,322.15 FlIT; THENCE NORTH 01'2:7'f6" ~sr; A DISTANCE OF _.17
f'rrT ro THE: PfJINT OF /TGrMIfNC OF THE PAHCEL OF LAIVD HeHfJN 0ESCRfBEf);
THF:IfCF: NOfi'TH 8800'4'" ~Sr. A OISTAIVCE OF 66.06 rEIT; THfNCc NOfi'TH Or2nB"
Hf5T. A aSTANCE or 668,91; THENCE: SOOTH B9'01"56" EAST; A aSTANCE OF 66.06
FlIT TO A POINT ON THE IIf:ST LINE CF. .${!/THfiAST 1/4 OF THfi so:nHEAST 1/~
OF SAID SECTION 34; THEIICE sqv .iJf. 7"8"1;" ALONr; LAST SAID LINE; A
OISTANCf: OF 668.93 FITT Tq,-'7}f~ W_ W1M
/t'/---.. V",
crJNTA~ +f,1-f9 $QVA!ft([... /()f( 1.01J AOl'ES; ~ LESS.
/ < , '\ '\
SlIl1JECT TO EASEMDlTS. RE5~7i7'lD'."y'D,i/"CSERVAT/DN5"OF RECORll.
I! \......-'--{~ \_~ \
lEARTIVCS SHOI+N 1lfi{?E0tf ~t'(J{~~E 5{)/J7/IEAST f/~
r:.~t::"'EAST~ ';~@rr 'TI ~ 88S9.ltr-=
\~\ "'r'ik Jj:"'i/
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(Page) of3)
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01/
3408918 OR: 3573 PG: 0780
mORDiD In omclAL RiCORDS of COLLIII CDom, IL
01/16/1004 .t 12:5JPK OilGBT I. 810Cl, CLIU
no m 10.\0
DDC'.ID ,70
PREPARED BY AND RETURN TO:
THOMAS G. ECKERTY, ESQUIRE
12734 Kenwood laM, Sutte 89
Fort Myeni, FL 33907-5638
RetD: EXPRESS
RIlDIIKCCLDSlI
158 lID !YI I 11718
il PIIIRS8UIG !L 31101
Project Name:
Parcel No(s):
Parenl Tract Folio No:
Recording: S
Documentary Stamps: S
COLLIER COUNTY GOVERNM
THIS WARRANTY DEED made this ,lffJ..day of ,2004. by MARK L
LINDNER" TRUSTEE UNDER LAND TRUST DATED 01/04/99, wi full power and authority to protect,
conserve, sell, lease, encumber or to otherwise manage and dispose of the real property desaibed herein, as
provided in F. S. 689.071 (hereinafter referred to as AGrantonw), whose post office address is 4980 Tamiami
Trail. N, Suite 200, Naples, Florida 34103, to COLLIER COUNTY, A POLITICAL SUBDMSION OF THE
STATE OF FLORIDA, Its successors and assigns, whose post office address is 3301 Tamiami Trail, East,
Naples. Florida 34112 (hereinafter referred to as AGranteeti>).
(Wherever used herein the terms AGranlorlJ and AGranleNl Include alllhe parties 10 ttlis inslrument and their respective heirs. legal
representatives, successors and aSSigns.)
WITNESSETH; That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, State
01 Florida, to wit:
See attached Exhibil M@ which is incorporated herein by reference.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD,
THIS PROPERTY IS NOT THE HOMESTEAD OF GRANTOR.
TOGETHER with all the tenements, hereditaments and appurtenances thereto b elanging or in
anywise appertaining;
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is
fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,
and that said land is free of all encumbrances, except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in the presence of:
f{~LL-
,/,:;;;, <:::<__.YL.
L ,.::L, ~/~
- 1. ("::'I'''~~
Printed name: ~(\~' {ff (C:;;)rrLI1C~
\ '-J
Printed name:
MARK L, LINDNER, Trustee under land trust
dated 01/04199, with full power and authority to
protect, conserve, sell, lease, encumber or to
otherwise manage and dispose of the real property
described herein, as provided in F_ S. 689.071
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ~ 1fr.y of ':?x.~ .
2004, by Mark L. Lindner, Trustee under land trust dated 01/04/99, who is oersonallv knnwn OR who
produced as identification, and who did/did not take an oath.
THII CIClIlWYANCE K:.:Oc>- t t:Ll BY nE
EICWlll OF COUNTY "OI1I1.IICIER8,
COWER COUNTY. FlORIDA,
PURSUAHTTO AOENDA,
DAlED:S-II-04 ITEMNO./.:;/8)+
~~
Notary Public
Commission No__ _A~.~~, Ch~l F. Hill
My CommIssion Exp~.\:~ c~mD27326&
',;:, "'J,Exp"""Dcc07.2007
""'f.'.'''.-- Baadodtln
,-..:,:,:.,:",." AtlmIiI:BaldialCo.,I8c.
Agenda Item No, 16A8
January 27,2009
Page 10 of 13
STP:409845: 1
*** OR: 3maRGi~7&18***
January 27, 2009
Page 11 of 13
PRCPERTY DESCRIPTION
A PORnON OF THe sot/TH 1/2 OF THE SOI/THCAST '/~ OF seCTION J4. TOWNSffIP ~8
SOUTH, RANCE 26 EA5T. COLLIER COUNTY. FLORIDA, BEING MORE PARTICLlLARI.. Y
DESCRfBED AS FOLLOWS:
COMMENCE A T THE SOUTHEAST CGW/ER OF seCTION 3~. TOWNSffIP 4lJ 5()(/TH. RANCE:
26 CAST. COLLIER C()(/NTY. FLORIDA; THeNCE NORTH B8"5g'06- II>f'ST. ALONG THE
SOUTH UNC OF THE SOVTHEAST 1/~ OF THE SOl/THEAST 1/~ OF SAIO SECTION 3~. A
DISTANCE OF /,.322.15 FeET; THENCE NORTH OI"27'18P II>f'ST. A DISTANCE OF 1-15.13
FEET TO A POINT ON THE WOR THERL Y RICH T-OF - '1M Y UNC OF VANOEI?8ILT BEACH
ROAD AND THE: POINT OF lEO/NNINC OF THE PARCEL OF LANO HE"~IN DESCHfI!ED;
THeNCE NORTH B8"59'06P II>f'ST. ALONG SAIO NORTHERL Y RIGHT-OF-WAY UNE. A
DISTANCE OF U,07 FCET; THENCE NORTH OI"27'IBP Itf'ST. A DISTANCE OF 458.24 FeET.'
THeNCE NORTH 10'57'09" EAST, A DISTANCE: OF 37.23 FECT; THCNCE NORTH 01:27'18-
/fEST, A DISTANCE OF 29.05 FeCT; THeNCE $()(/TH 8900"49" eAST. A DISTANCE: OF
66.06 rEIT TO A POINT ON THE II>f'ST LINe or THE" sot/THeAST 1/4 OF THE:
SOI/THEAST 1/4 Of' SAID SF:CUON 34; THENCe SOUTH 01:27'18" EAST, ALONe LAST
SAID LINE. A DISTANCE: OF 524.03 FEET TO 111C POINT OF BFClNNING.
CONTAINING 38,398 SQUARE FeET OR 0.881 A~ MORE OR LESS.
SlI8.ECT TO EASEMENTS. RESTRlCnONS AND/OR RESERVA UONS OF RECORD.
BeARINGS SHOWIV HCRCON Ift':fTIi' TO THE SOl/TH LINe OF THE SOI/THEAST 1/4
OF THe sot/THEAST '/4 OF SECTION 3~ AS BEING NORTH 88"59'06" HE"ST
(ASSUUCD).
Agenda Item No, 16A8
January 27. 2009
PagE 12 of 13
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN MISSION
HILLS SHOPPING CENTER, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 41, PAGES 26 THROUGH 29; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
MISSION HILLS PROPERTY OWNERS'
ASSOCIATION,INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 27, 2004 approved the plat of Mission Hills Shopping Center 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 Engineering and Environmental Services Section of the
Community Development Department has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
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 Mission Hills Shopping Center,
pursuant to the plat thereof recorded in Plat Book 41, pages 26 through 29, and the Clerk
is hereby authorized to release the maintenance security.
Agenda Item No, 16A8
January 27,2009
Page 13 of 13
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements associated with the Loop Road. The internal shopping center
improvements will be maintained by the Mission Hills Property Owners' Association,
Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2009.
DATE:
ATTEST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and legal
sufficiency:
1t:-7- ~j~
Steven T. Williams
Assistant Collier County Attorney