Agenda 09/27/2022 Item #16C 3 (Authorize and direct the County Attorney to pursue any and all legal action necessary to quiet title for property located at 12323 Union Road)09/27/2022
EXECUTIVE SUMMARY
Recommendation to authorize and direct the County Attorney to pursue any and all legal action
necessary to quiet title (clear title defects) for property located at 12323 Union Road, former
location of the Port of the Islands Marina Hotel, including, but not limited to, filing a civil action in
Circuit Court.
OBJECTIVE: To remove any clouds on title of the Port of the Islands Marina Hotel property, acquired
by escheatment tax deed, that may negatively affect the County’s ownership or p otential future
conveyance of a 6.86-acre parcel, or a portion thereof.
CONSIDERATIONS: On January 9, 2020, Collier County acquired property located at 12323 Union
Road by escheatment tax deed. The dilapidated hotel located on the property was demolished by the
County at a cost of $388,444.
On April 21, 2020, the Real Property Manager contacted all Collier County Constitutional Officers as
well as all County Department Heads to determine if the property was needed for government purposes.
The Collier County Sheriff’s Office expressed initial interest and informed us that the property may be
suited for a District 5 Patrol Substation as well as a training facility combining firearms, driving, physical
fitness, and classroom-style training, pending funding and a feasibility study. After further review within
the Sheriff's Office we were recently informed that the parcel was not a suitable location for the
contemplated Substation.
Acquisition of the subject property by escheatment tax deed makes marketability of title questionable. A
quiet title action, to be filed in Circuit Court, is necessary to resolve any such questions and would clear
title to the property, making it ready for any future development or conveyance by the County.
FISCAL IMPACT: Estimated costs are nominal and include court filing fee of $400, and possibly
advertisement. In-house handling of the lawsuit by County Attorney’s Office is a substantial savings to
the County.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. -SAA
RECOMMENDATION: To authorize and direct the County Attorney to pursue any and all legal action
necessary to quiet title (clear title defects) for property located at 12323 Union Road, former location of
the Port of the Islands Marina Hotel, including, but not limited to, filing a civil action in Circuit Court.
Prepared by: Jennifer A. Belpedio, Esq, Manager Real Property, Facilities Management Division
ATTACHMENT(S)
1. Escheatment Deed (PDF)
2. DRAFT NOTICE OF COUNTY LAND AVAILABLE FOR GOVERNMENT USE -- Port of the
Island Property - 12323 Union Road --Folio No. 01058920500- 6.86 Acres Unimproved (PDF)
16.C.3
Packet Pg. 947
09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 23392
Item Summary: Recommendation to authorize and direct the County Attorney to pursue any and
all legal action necessary to quiet title (clear title defects) for property located at 12323 Union Road,
former location of the Port of the Islands Marina Hotel, including, but not limited to, filing a civil action
in Circuit Court.
Meeting Date: 09/27/2022
Prepared by:
Title: – Facilities Management
Name: Paula Brethauer
09/18/2022 8:00 PM
Submitted by:
Title: – Facilities Management
Name: John McCormick
09/18/2022 8:00 PM
Approved By:
Review:
Facilities Management Jennifer Belpedio Manager - Real Property Completed 09/19/2022 10:32 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 09/19/2022 11:23 AM
Facilities Management John McCormick Director - Facilities Completed 09/19/2022 12:21 PM
Public Utilities Department AmiaMarie Curry Level 2 Division Administrator Review Completed 09/19/2022 11:26 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/20/2022 12:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2022 12:23 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/20/2022 12:29 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/20/2022 12:52 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/21/2022 8:12 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
16.C.3
Packet Pg. 948
16.C.3.a
Packet Pg. 949 Attachment: Escheatment Deed (23392 : Quiet Title Port of the Islands Hotel)
From:BelpedioJennifer
To:YilmazGeorge; WilliamsTanya; FrenchJames; ScottTrinity; EdwardsJennifer; Robert Stoneburner; Crystal K. Kinzel;
"askinner@collierappraiser.com"; "DanielSummers@colliergov.net"
Cc:FinnEd; McCormickJohn; BaroneTony; ClosasDave; Al-bahouAyoub; Sean Williams
Subject:FW: DRAFT NOTICE OF COUNTY LAND AVAILABLE FOR GOVERNMENT USE -- Port of the Island Property - 12323 Union Road --Folio
No. 01058920500- 6.86 Acres Unimproved
Date:Thursday, April 21, 2022 9:44:00 AM
Attachments:image003.png
All:
Writing to determine if there is government interest in using the highlighted property in Port of the
Islands located on 12323 Union Road (Folio # 01058920500).
The parcel is 6.86 acres (unimproved) and was transferred to Collier County in 2020 as part of the
tax deed sale process.
If you are interested in the property or a portion of it, please contact me by May 20, 2022.
Jennifer A. Belpedio, Manager
16.C.3.b
Packet Pg. 950 Attachment: DRAFT NOTICE OF COUNTY LAND AVAILABLE FOR GOVERNMENT USE -- Port of the Island Property - 12323 Union Road --Folio
Collier County Real Property Management
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112
Phone: 239.252.8780 Fax: 239.252.8876
16.C.3.b
Packet Pg. 951 Attachment: DRAFT NOTICE OF COUNTY LAND AVAILABLE FOR GOVERNMENT USE -- Port of the Island Property - 12323 Union Road --Folio