Agenda 02/08/2022 Item #16A 6 (2 Quit Claim Deeds to remedy incorrect/unapproved recordings in public records)02/08/2022
16.A.6
EXECUTIVE SUMMARY
Recommendation to approve granting two Quit Claim Deeds to remedy incorrect and unapproved
recordings in the public records and to accept the conveyance of a road right of way, drainage and
utility easement (Parcel 487RDUE) required for the future widening of Everglades Boulevard.
Estimated Fiscal Impact: $200. The primary funding source is impact fees with the secondary
funding source being gas taxes.
OBJECTIVE: To acquire a right of way parcel needed for the future widening of Everglades Boulevard
and to remedy incorrect and unapproved recordings in the public records.
CONSIDERATIONS: A road right of way, drainage, and utility easement (Parcel 487RDUE) needed
for the future widening of Everglades Boulevard was voluntarily granted by lot developer, Collier Homes,
LLC. However, the easement instrument was recorded by the developer without staffs review or
knowledge or evidence of proper acceptance by the Board of County Commissioners (the Board). The
easement recorded was deficient in that the legal description attached thereto was incorrect. The error was
brought to the attention of the developer who prepared a replacement easement that was, again, recorded
without staff s review or knowledge or evidence of proper acceptance and, again, contained an error.
In order to resolve the situation, two Quit Claim Deeds granting the easement interests purportedly
transferred to the County by the two incorrectly recorded easement instruments must be conveyed back to
the developer; additionally, a new easement instrument correctly describing Parcel 487RDUE must be
conveyed to the County after approval by the Board. Staff accordingly recommends that the Board
approve the execution of the attached two Quit Claim Deeds and accept the conveyance of Parcel
487RDUE. The corrected easement instrument conveying Parcel 487RDUE to the County is also
attached.
FISCAL IMPACT: Funds not to exceed $200 will be required for recording fees. The primary funding
source for the acquisition of right of way is impact fees. Should impact fees not be sufficient within a
particular project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long -Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: Approve the two attached Quit Claim Deeds and authorize the Chairman
to execute same on behalf of the Board; and
Accept the conveyance of a road right of way, drainage, and utility easement (Parcel 487RDUE)
necessary for the future widening of Everglades Boulevard and authorize the County Manager, or his
designee, to record the attached conveyance instrument in the public records of Collier County,
Florida.
Prepared By: Vivian Rodriguez, Property Acquisition Specialist, Right of Way Acquisition,
Transportation Engineering Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Quit Claim Deed - I (PDF)
Packet Pg. 400
16.A.6
02/08/2022
3. Quit Claim Deed -11 (PDF)
4. Road Right of Way, Drainage and Utility Easement (PDF)
Packet Pg. 401
16.A.6
02/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 20913
Item Summary: Recommendation to approve granting two Quit Claim Deeds to remedy incorrect
and unapproved recordings in the public records and to accept the conveyance of a road right of way,
drainage and utility easement (Parcel 487RDUE) required for the future widening of Everglades
Boulevard. Estimated Fiscal Impact: $200. The primary funding source is impact fees with the
secondary funding source being gas taxes.
Meeting Date: 02/08/2022
Prepared by:
Title: — Transportation Engineering
Name: Vivian Rodriguez
12/23/2021 10:54 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
12/23/2021 10:54 AM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Growth Management Department
Lissett DeLaRosa
Growth Management Department
Road Maintenance
Gerald Kurtz
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Department
Gene Shue
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Department
Vivian Rodriguez
Growth Management
Growth Management Department
Trinity Scott
Transportation
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
12/23/2021 11:50 AM
Completed
12/23/2021 2:49 PM
Completed
12/23/2021 4:09 PM
Completed
12/28/2021 1:06 PM
Completed
12/28/2021 6:05 PM
Completed
01/04/2022 12:20 PM
Skipped
12/23/2021 10:27 AM
Completed
01/05/2022 12:14 PM
Completed
01/07/2022 1:57 PM
Completed
01/07/2022 2:07 PM
Completed
01/12/2022 9:10 AM
Completed
01/13/2022 1:41 PM
Completed
01/31/2022 10:50 AM
02/08/2022 9:00 AM
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Prepared by and return to:
Collier County
Transportation Engineering — ROW
2885 South Horseshoe Drive
Naples, Florida 34104
[space above for
PROJECT: 99999 Misc.- Easement adjoining Everglades Blvd.
PARCEL: 487RDUE
FOLIO Nos.: 38971760001 & 38971760108
QUITCLAIM DEED
(Sec. 125.411. Florida Statutes)
ng
THIS DEED is made this day of , 202_, by COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the
Office of the County Attorney, Suite 800, Naples, FL 34112 ("Grantor"), to COLLIER HOMES, LLC, a
Florida limited liability company, whose mailing address is 600 Fifth Avenue S, Suite 207, Naples, FL
34102 ("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 Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys to Grantee all of Grantor's right, title, and interest in and to the following described lands situate
in Collier County, Florida:
See Exhibit "A" attached hereto and made a part hereof.
Being the same property described in that certain Road Right -of -Way, Drainage and Utility
Easement executed by Grantee in favor of Grantor recorded on November 24, 2020, in OR 5849, Page
2546, Official Records of Collier County, Florida. By virtue of the execution, delivery, and recordation of
this Deed, said Easement is hereby null and void and of no further force or effect.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Chairperson of said Board, the day and year aforesaid.
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
By:
Chairman
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16.A.6.b
EXHIBIT �
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GEOMETRIC SURVEYING INC.
2804 DEL PRADO BLVD S, SUITE 202
CAPE CORAL, FL 33904
T
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(239)-540-6267 1
EVERGLADES BLVD N, NAPLES, FL 34120
PARCEL ID NO 38071760001
SKETCH AND LEGAL DESCRIPTION I
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FEET, ACCORDING TO THE PLAT THEREOF AS REL'SRpp
IN PLAT SOOK7. PAGES) 20,, OF THE PVSLIC REC101 5
COLLIER COUNTY, FLORIDA
CONTAINING 6,000 SOFT 1.4
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16.A.6. b
EXHIBIT- /'
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Exhibit A
LEGAL DESCRIPTION.
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THE NORTH 20 FEET OF THE SOUTH 70 FEET OF TRACT 122, GOLDEN GATE w
ESTATES, UNIT 44, LESS THE EAST 50 FEET, ACCORDING TO THE PLAT THEREOF .�
AS RECORDED IN PLAT BOOK 7, PAGE(S) 29, OF THE PUBLIC RECORDS OF >
COLLIER COUNTY, FLORIDA m
CONTAINING. 6,000 SQ. FT.
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Packet Pg. 406
16.A.6.c
Prepared by and return to:
Collier County
Transportation Engineering — ROW
2885 South Horseshoe Drive
Naples, Florida 34104
(space above for recording data]
PROJECT: 99999 Misc.- Easement adjoining Everglades Blvd.
PARCEL: 487RDUE
FOLIO Nos.: 38971760001 & 38971760108
QUITCLAIM DEED
(Sec. 125.411, Florida Statutes)
THIS DEED is made this day of , 202_, by COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the
Office of the County Attorney, Suite 800, Naples, FL 34112 ("Grantor"), to COLLIER HOMES, LLC, a
Florida limited liability company, whose mailing address is 600 Fifth Avenue S, Suite 207, Naples, FL
34102 ("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 Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys to Grantee all of Grantor's right, title, and interest in and to the following described lands situate
in Collier County, Florida:
See Exhibit "A" attached hereto and made a part hereof.
Being the same property described in that certain Road Right -of -Way, Drainage and Utility
Easement executed by Grantee in favor of Grantor recorded on November 24, 2020, in OR 5961, Page
358, Official Records of Collier County, Florida. By virtue of the execution, delivery, and recordation of
this Deed, said Easement is hereby null and void and of no further force or effect.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Chairperson of said Board, the day and year aforesaid.
r110r�-IN
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Jennifer A. Belpedio Q OP
Assistant County Attorney � �3\
Packet Pg. 407
16.A.6.c
EXHIBIT A
Page % of &--
EXHIBIT A
LEGAL DESCRIPTION
THE WEST 20 FEET OF THE EAST 70 FEET OF TRACT 122, GOLDEN GATE ESTATES,
UNIT 44, LESS THE NORTH 50 FEET, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 7, PAGE(S) 29, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
CONTAINING: 6,000 SQ. FT.
Packet Pg. 408
16.A.6.c
EXHIBIT n
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GEOMETRIC SURVEYING INC-
2804 DEL PRADO BLVD S, SUITE 202
[`I CAPE CORAL, FL 33904
I.\l (239)-540-6257
EVERGLADES BLVD N, NAPLES, FL 34120
PARCEL ID NO. 38971760001
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY 50'ROAD
WESTPROPER7YLINE TRACT-109 EASEMENT I
_ 350.00' S00°19110'W
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SURVEYOR'S NOTE:
LEGAL DESCRIPTION.•
E suB�ECTPRDFEarr Is vacANruND rNE
ADDRESS IS PLU6 DR MINUS AND SHOULD BEVERIREO
THE WEST 20 FEET OF THE EAST 70 FEET OF TRACT 122,
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GOLDEN GATE ESTATES, UNIT 44, LESS THE NORTH 50
2 BEARINGS SNOARE REFERRED TO INE CENTERLINE
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FEET, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 7, PAGE(S) 29, OF THE PUBLIC RECORDS OF
' TMEpSAUBJEALST PRZROPERTY IS lOCA1EDWITHINSECL S
COLLIER COUNTY. FLORIDA.
I
CONTAINING: 6,000 SQ.FT W
GRAPHIC SCALE
-120 0 60 120
I INCH = 120 FEET
CERTIFICATION:
COLLIER HOMES, LLC.
ABBREVIATIONS:
= CENTER LINE
U.E. = UTILITY EASEMENT
D.M.E. = DRAINAGE 8 MAINTENANCE EASEMENT
SURVEYOR'S CERTIFICATION:
F THIS BOUNDARY
SURVEYWAS PREPARED UNDER MY SUPERVISION AND THAT
IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS S MAPPERS
IN CHAPTER S1-17.050.052 OF THE FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472 OF THE FLORIDA
STATUTES AND THAT THE SKETCH HEREON IS TRUEAND
CORRECT TO THE BEST OF MY KNOWLEDGEAND BELIEF.
1*�M
1012512020
BY
MIGUEL J. GARAY (DATE OF FIELDWORK)
PROFESSIONAL SURVEYOR AND MAPPER LS# 6594 STATE
OF FLORIDA
(NOT VALID IMTHOUT THE SIGNATUREAND THE ORIGINAL RAISED
SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER).
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FIELD DATE: 10/25/2020
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16.A.6.d
Prepared by and return to:
Collier County
Transportation Engineering - ROW
2885 South Horseshoe Drive
Naples. Florida 34104
(space above for recording data)
PROJECT: 99999 Misc.- Easement adjoining Everglades Blvd,
PARCEL: 487RDUE
FOLIO Nos.: 38971760001 & 38971760108
ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT
THIS EASEMENT is granted this -t-�—day of 0V.AW02_J, by COLLIER HOMES, LLC,
a Florida limited liability company, whose mailing address is 600 Fifth Avenue S, Suite 207,
Naples, FL 34102 (hereinafter "Grantor"), in favor of COLLIER COUNTY, a political subdivision
of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the
County Attorney, Suite 800, Naples, FL 34112 (hereinafter, "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.)
RECITALS:
A. Grantor owns certain real property by virtue of a Deed recorded in OR Book 5364.
Page 70, Official Records of Collier County, Florida.
B. Grantee desires to obtain an easement over, under, upon and across a portion of
Grantor's property.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants to Grantee a perpetual, non-exclusive road right-of-way, drainage, and
utility easement (the "Easement") encumbering the portion of Grantor's property described on
Exhibit "A" attached hereto (the "Easement Area').
The Easement shall be for road right-of-way, drainage, and utility purposes and includes
the right to enter upon and use the Easement Area to a) construct, operate, maintain, repair,
replace and remove (i) roadways, driveways, curbs, sidewalks, bike paths, walking trails, bus
shelters, lighting, and all structures and other improvements ancillary to any of the foregoing, for
use by the general public to the extent same is maintained as such; (ii) canals, ditches, swales,
earthen berms, rip -rap, retaining walls and other retaining systems, underground pipes, irrigation
lines and other types of water control structures and facilities; and (iii) public utilities and, with the
Grantee's prior written consent, private utility facilities including, without limitation, facilities for
electricity, gas, communication cables; and b) place, excavate, use, store, plant, remove and
dispose of soil, trees, landscaping, and other materials and improvements, including the removal
and disposal of any and all property, real and/or personal, not owned by Grantee to the extent it
interferes with Grantee's rights hereunder, without liability to the owner of such property; all as
deemed necessary or appropriate from time to time by Grantee.
The easement rights granted to Grantee are subject to existing easements, restrictions,
reservations, and other matters of record, if any. This Easement constitutes an easement
"running with the land" and shall inure to the benefit of Grantee and be binding upon Grantor and
Grantor's successors -in -title.
Grantor represents that Grantor's property is not homestead property, nor is it contiguous
thereto.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Packet Pg. 410
16.A.6.d
IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first
above written.
Witnesses: Grantor:
COLLIER HOMES, LLC
a Florida limited liability company
BY:
Sign ture (Witness 1)
ssu Sc, ,-�s
rinte Name
Sign itness 2)
Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrumVrniw�a* acknowledged before me by means ofL �hysical presence
or ❑online notarization thisday of ��4 202�, JOHN N. BRUGGER, Manager
of COLLIER HOMES, LLC, aa limited liability company, on behalf of the company, who:
is personally known to me.
produced ❑ a driver's license OR ❑ I / as identification.
Notary Public State of FIP.r{f1�
April Hurley — -
My Commission GG 3A6565 Signatu of u Ic
ua� Expires06!19121)23 r �
Printed NAme
(affix notarial seal above)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Serial / Commission # (if any):
My Commission Expires. _
Packet Pg. 411
EXHIBIT -A
Page ---Z-of
GEOMETRIC SURVEYING INC.
EL PRADO BLVD S, SUITE 202
G 2804 DEL
CORAL, FL 33904
s (239)-540-6257
EVERGLADES BLVD N. NAPLES. FL 34120
PARCEL ID NO. 38971760001
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY 50'ROAD
WESTPROPERTYLlNE TRACT. 108 EASEMENT EASEMEW
350.60* SOO-19110"W I TRACT -107
ltra4t DESCRIP77ON:
THE WEST 20FEET OFTHE EAST 70FEET OF TRACT 122.
GOLDEN GATE ESTATES, UNIT 44, LESS THE NORTH SO
FEET, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 7, PAGE(S) 28, OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA.
CONTAINING- 6.000 SO. FT.
GRAPHIC SCALE
120 0 60 120
6m- NMI -
I INCH= 12O FEET
CERTIFICATION.-
COLLIER HOMES I L C
ABBREVIATIONS:
(i CENTER LINE
U.E.
OXE DRAWAOES MANTEXANCIFEASEMENT
SURVEYOR'S CER77FICATION:
I HERON 1-THI11 C10014DARY
SURVEY WASPAEPARED, UNDER.WSUPERWVON AND THA I
IT MEETS THE STANDARRSOPPRACTICE', SkI FOR Ill! BY tHL
FLORIDA "AD OFPROFESSIONAL SURVEYORS & MAPPERS
INCHAFTgRSJ-11,w M OF INEFLORIDA ADMIN)STRA tIVE
COOS: PURSUANT TO SECTION472 OF THE FLORIDA
STATUTES AND THAT THE SKETCH HEREON IS TRUE 4N3
Con RE C 7 TO THE BEST OF MY V-qOAL CDOE AND 8 F 0 F F
1012512020
ay
MIGUEL J. GARAY
PROFESSIONAL SURVEYOR AND MAPPER LS064�W $TA rE
OF FLORIDA
(NOT VALID Wl)(Wr THE SjWA RAL ANO 11164 OfVraNA(RAINS-9
CPA FLORIDA LCEMSED SURVEYOR AND MAPPER).
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TRACT - 121 TRACT 22
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SURVEYOR'S NOTES:
1. THIS SKETCH IS BASED ON
INFORMATION FURNISHED BY CLIENT
OR CLIENTS REPRESENTA TIVE
001W 2, THIS SKETCH fSNOT VATHOUT
THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAI%PER.
3 SEAR NOS SHOWN HEREON ARE
BASED ON PLAT
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FIELD DATE., 1012512020
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SURVEY NO: 18-0008
SHEET., I OF I
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EASEMENT
50'ROAD
EASEMENT
TRACT — — -- --- 4 ,9
I
SURVEYOR'S NOTES:
1. THIS SKETCH IS BASED ON
INFORMATION FURNISHED BY CLIENT
OR CLIENTS REPRESENTA TIVE
001W 2, THIS SKETCH fSNOT VATHOUT
THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAI%PER.
3 SEAR NOS SHOWN HEREON ARE
BASED ON PLAT
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FIELD DATE., 1012512020
STATE. Or
FLORIDA
SURVEY NO: 18-0008
SHEET., I OF I
I Packet Pg. 412 1
SURVEYOR'S NOTES:
1. THIS SKETCH IS BASED ON
INFORMATION FURNISHED BY CLIENT
OR CLIENTS REPRESENTA TIVE
001W 2, THIS SKETCH fSNOT VATHOUT
THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAI%PER.
3 SEAR NOS SHOWN HEREON ARE
BASED ON PLAT
R.O.W.
LINE
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TRACT -123
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IL
t \,EXISTING
R.O.W LINE
sw
TRACT 710— -I TRACT, ti
;ACT-il
DRAWN BY: AHV 6594
FIELD DATE., 1012512020
STATE. Or
FLORIDA
SURVEY NO: 18-0008
SHEET., I OF I
I Packet Pg. 412 1
t \,EXISTING
R.O.W LINE
sw
TRACT 710— -I TRACT, ti
;ACT-il
DRAWN BY: AHV 6594
FIELD DATE., 1012512020
STATE. Or
FLORIDA
SURVEY NO: 18-0008
SHEET., I OF I
I Packet Pg. 412 1