Agenda 09/26/2023 Item #16A 2 (Final acceptance for Destiny Church)09/26/2023
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities and accept the
conveyance of the sewer facilities for Destiny Church, PL20230007154.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County
Water-Sewer District, approve final acceptance of these potable water and sewer facilities, in accordance with the
Collier County Utility Standards and Procedures, Ordinance No. 2004-31, as amended.
CONSIDERATIONS:
1) The Developer of Destiny Church has constructed the potable water and sewer facilities within dedicated
easements to serve this development (see attached location map). The potable water and sewer facilities were
offered for Conveyance to the County, as described in O.R. Book 6273, Page (PG) 522, and are located within
County utility easements and/or right-of-way, as described in Order of Taking O.R. Book 3292, PG 0136; and
Warranty Deed O.R. Book 6086, PG 3546 of the Public Records of Collier County, Florida, and State of
Florida Department of Transportation Right of Way Map Section No. 0359-250, Road No. S-846. These
potable water and sewer facilities (Assets) were valued at $12,959.30 and $4,826.02, respectively.
2) Staff recorded all final acceptance documents associated with the facilities being conveyed to the County in the
public records of Collier County, which were reviewed and approved by the County Attorney’s office as to
form and legality. The County acquired its interest in the potable water and sewer facilities by Warranty Deed
and Bill of Sale recorded in Official Records Book 6273, PG 522, of the Public Records of Collier County,
Florida.
3) The Development Review staff conducted a final inspection to discover defects in materials and workmanship
on July 14, 2023, in coordination with Public Utilities, and these facilities have been found to be satisfactory
and acceptable.
4) Staff recommends final acceptance of the subject potable water and sewer utilities facilities for $17,775.32.
Staff also recommends acceptance of the Utilities Facilities Deed and the facilities described therein.
5) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
6) Staff is unaware of any issues that would serve to negate the recommendation to approve this final acceptance.
FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer District
receiving title to the potable water and sewer utility facilities, which have a gross value of $17,775.32 (no
depreciation applied), and an asset will be recorded in the financial records of the County.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for
Board approval. -DDP
RECOMMENDATION: To approve final acceptance and accept the conveyance of the potable water and sewer
utility facilities for Destiny Church, PL20230007154, and accept the conveyance of the Utilities Facilities Deed and
the facilities described therein.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
16.A.2
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09/26/2023
2. Assets Sheet (PDF)
3. Verification of Final Cost (PDF)
4. Warranty Deed and Bill of Sale (PDF)
5. Order of Taking - OR 3292, PG 0136 (PDF)
6. Warranty Deed - OR 6086, PG 3546 (PDF)
7. FDOT Right-of-Way Map 0359-250 (PDF)
16.A.2
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 26404
Item Summary: Recommendation to approve final acceptance of the potable water and sewer facilities, and
accept the conveyance of the sewer facilities for Destiny Church, PL20230007154.
Meeting Date: 09/26/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
08/16/2023 8:58 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
08/16/2023 8:58 AM
Approved By:
Review:
Wastewater Steve Nagy Additional Reviewer Completed 08/16/2023 11:28 AM
Water Pamela Libby Additional Reviewer Completed 08/16/2023 12:26 PM
Water Howard Brogdon Additional Reviewer Completed 08/16/2023 1:28 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/16/2023 1:32 PM
Wastewater Robert Von Holle Additional Reviewer Completed 08/16/2023 1:40 PM
Development Review Marcus Berman Additional Reviewer Completed 08/17/2023 6:06 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/18/2023 3:42 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
08/18/2023 4:42 PM
Engineering and Project Management Matthew McLean Additional Reviewer Completed 08/21/2023 10:24 AM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/21/2023 5:14 PM
Engineering and Project Management Craig Pajer Additional Reviewer Completed 08/22/2023 9:42 AM
Growth Management Community Development Department Jaime Cook Division Director Completed
08/30/2023 12:41 PM
Growth Management Community Development Department James C French Growth Management Completed
08/30/2023 1:10 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/12/2023 12:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/12/2023 12:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2023 10:23 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/14/2023 11:24 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/14/2023 4:05 PM
16.A.2
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09/26/2023
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
16.A.2
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DESTINY CHURCH
LOCATION MAP
16.A.2.a
Packet Pg. 359 Attachment: Location Map (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.b
Packet Pg. 360 Attachment: Assets Sheet (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.b
Packet Pg. 361 Attachment: Assets Sheet (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.c
Packet Pg. 362 Attachment: Verification of Final Cost (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.c
Packet Pg. 363 Attachment: Verification of Final Cost (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.d
Packet Pg. 364 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
16.A.2.d
Packet Pg. 365 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 366 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 367 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 368 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 369 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 370 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 371 Attachment: Warranty Deed and Bill of Sale (26404 : Final Acceptance of Utilities - Destiny Church)
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
aN CIVIL ACTION
COLLIER COUNTY,FLORIDA,a
political subdivision of the State of
Florida,Case No.:02-5140-CA
9
Petitioner,Parcel Nos.:116&120
vs.3184297 OR:3292 PG:0136
ABCORDED in OFFICIAL RECORDS of COLLIBR COUNTY,FL
CALUSA PINES GOLF CLUB LLC,05/15/2003 at 11:42AN DWIGHT B.BROCK,CLERK
et al.,REC FRE 24.00
Reta
CIVIL
Respondents.
ORDER OF TAKING
THIS CAUSE coming on to be heard by this Court.and it appearing that proper notice was
first given to all Respondents and to all persons having or claiming any equity,lien,title or other
interest in or to the real property described in the Petition that the Petitioner would apply to this
Court for an Order of Taking,and the Court being fully advised in the premises,upon consideration,
it is,therefore,
ORDERED and ADJUDGED that:
1.This Court has jurisdiction of this cause,the parties hereto and the subject matter
hereof.
2.The pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
3.That the property is being acquired for a public purpose.
4.That the taking of this property is reasonably necessary to serve the public purpose
for which the property is being acquired.
Filed In Open Court
Clerk of Court p.c.
16.A.2.e
Packet Pg. 372 Attachment: Order of Taking - OR 3292, PG 0136 (26404 : Final Acceptance of Utilities - Destiny Church)
5.That the Amended Declaration of Taking and Estimate of Value filed in this cause
by Petitioner was made in good faith and based upon a valid appraisal.OR:3292 PG:0137
6.Upon payment of the Estimate of Value as contained in the Amended Declaration of
Taking,hereinafter specified into the Registry of this Court.the right,title or interest described in
Exhibit "A"attached hereto and made a part hereof by reference shall vest in Petitioner,COLLIER
COUNTY,FLORIDA.
7.Within twenty days of this order,Petitioner shall deposit into the Court Registry the
amount of Five Hundred Thousand,Three Hundred and No/100 Dollars ($500,300.00)as the
good faith estimate of value as set forth in Petitioner's Amended Declaration of Taking for the
following parcels:
Parcel Goed Faith Estimate
Parcel 116 Fee Simple $33.900
Parcel 120 Fee Simple S$466.400
8.That the deposit of money will secure the persons lawfully entitled to the
compensation that will be ultimately determined by final judgment of this court.
9.That upon deposit,as set forth above,and without further notice or order of this
Court,Petitioner shall be entitled to possession of the property described herein.
DONE AND ORDERED in Chambers at Naples,Collier County,Florida,on this 23
grape
CIRCUIT COURT JUDGE
day of May,2003.
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Packet Pg. 373 Attachment: Order of Taking - OR 3292, PG 0136 (26404 : Final Acceptance of Utilities - Destiny Church)
CERTIFICATE OF SERVICE OR:3292 PG:0138
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
United States Mail to all persons listed below on this l4 day of May,2003.
Judicial Assistant/Attomey
SERVICE LIST
PARCEL 116
Royal Watch,Inc.
c/o Kenneth A.Jones Esq.
ROETZEL &ANDRESS
2320 First Street,Suite 1000
Fort Myers,FL33901
PARCEL 120
Cleary Holdings LLC
c/o Andrew G.Diaz,Esq.
Gaylord,Merlin,Ludovici,Diaz &Bain
777 South Harbour Island Blvd.
Suite 900
Tampa,FL 33602
Collier Equestrian Center LLC
Joseph Cleary,Registered Agent
10217 Gulfshore Drive.
Naples,FL 34108
ALL PARCELS
Florida Power &Light Company
c/o Jean G.Howard,Esquire
P.O.Box 029100
Miami,FL 33102-9100
Collier County Tax Collector
c/o E.Glenn Tucker,Esq.
RHODES &TUCKER
P.O.Box 887
Marco Island,FL 34146
Heidi F.Ashton,Esquire
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples.FL 34112
Yeung
16.A.2.e
Packet Pg. 374 Attachment: Order of Taking - OR 3292, PG 0136 (26404 : Final Acceptance of Utilities - Destiny Church)
EX
of
LEE
S.R.846 FEE SIMPLE
INTEREST
33.26
4
ROYAL WATCH,INC.
PG.807O.R.1599,
50 100 1500
40w~
Notes:
1.This is not a survey.NOT TO SCALE:
2.Basis of bearing Is N/A.
5.Subject to easements,reservations and
restrictions of record.
DESCRIPTION:
AS OC ATES
ENGINEERS,SURVEYORS AND PLANNERS3506EXCHANGEAVE.NAPLES,FLA.34104
(941)643-2404 FAX NO.(941)643-5173
FLORIDA BUSINESS LICENSE NO.LB5770
SCALE SEC/SUB W.0.NO.DRAW BY FILE NAME
AS NOTED 30/48/27 0014.1 EAW 00--018-00.DWG
OATE SHEET FB PG CHECKED BY OWG.NO.0139The Northerly 78.84 feet,together with
the Southerly 9.94 feet,of the Northerly88.78 feet,of the Easterly 33.25 feet,of
the West 325 feet,of the North 1/2,of DAWD J.HY
UC.NO.583FLA.
R THE FIRM)the East 1/2 of the West 1/2 of the
NOT VALID WTHOUT THE SIGNATURE ANDNorthwest1/4,less the North 100 feet,
RAISED SEAL OF A FLORIDApreviouslydedicatedforStateHighwayTHEORIGINAL
SKETCH AND DESCRIPTION
#846 Section 30,Township 48 South,LICENSED SURVEYOR AND MAPPER
Range 27 East,Collier County,Florida
WILKISON &Containing 0.565 acres more or less
INC.
OJH
REVISED 3/8/02
REVISED 3/6/o2 10/01 OF IR-L-116
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Packet Pg. 375 Attachment: Order of Taking - OR 3292, PG 0136 (26404 : Final Acceptance of Utilities - Destiny Church)
EXH B
of
100'
SIMPLE
INTEREST3
53.84
07
OR.2637,PG.3508 ;ARY HOLDINGS,LLG.CLEARY HOLD!NGS,LLC.
O.R.2837,PG.3308 Y HOLDINGS,LLC.
OR.2837,PG.3308
3
575,PG.43)0°FP
reFPL.YOxxxNotes:
1.This Is not a survey.
2.Basts of bearing ie
N/A.
3.Subject to easements,
reservations and
restrictions of record.
0 50 100 150
NOT TO SCALE:
NOT TO SCALE:
DESCRIPTION:
The Northerly 78.69 feet,together with
the Southerly 8.78 feet,of the Northerly88.47 feet,of the Easterly 53.84 feet,of
the West 1/2 of the East 1/2 of the East
1/2,of the Northwest 1/4,AND,the East
FLA.UC.NG.583
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR ANO MAPPER
AM D J.HYMAT,P.SMFOR THE FIRM)
1/2 of the Northwest 1/4 of the
Northeast 1/4,of the Northwest 1/4,AND,
the North 1/2 of the North 1/2 of the
Weat 1/2 of the West 1/2 of the East
1/2 of the Northwest 1/4,{ees the North
100 feet thereof,Section 30,Township 48
South,Range 27 Eaat,Colller County,
Floride.Containing 1.756 acres more or
ieee.
SKETCH AND DESCRIPTION
WILKISON &ASSOC ATES
INC.
ENGINEERS,SURVEYORS AND PLANNERS
3506 EXCHANGE AVE.NAPLES,FLA.34104
(941)643-2404 FAX NO.(941)643-5173
FLORIDA BUSINESS LICENSE NO.1B5770
W.0.NO.DRAWN BY
0014.1 EAW
SHEET FB.PG{CHECKED BY
1 OF 1 DJH
SCALE SEC/SUB
AS NOTED 30/48/27
DATE
10/01
FILE NAME
00--018-00.DWG
OWG.NO.
IR-L-120 Dy 3292PGN
0140***NOT VALID WITH GNATURE AND
16.A.2.e
Packet Pg. 376 Attachment: Order of Taking - OR 3292, PG 0136 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 377 Attachment: Warranty Deed - OR 6086, PG 3546 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 378 Attachment: Warranty Deed - OR 6086, PG 3546 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 379 Attachment: Warranty Deed - OR 6086, PG 3546 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 380 Attachment: FDOT Right-of-Way Map 0359-250 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 381 Attachment: FDOT Right-of-Way Map 0359-250 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 382 Attachment: FDOT Right-of-Way Map 0359-250 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 383 Attachment: FDOT Right-of-Way Map 0359-250 (26404 : Final Acceptance of Utilities - Destiny Church)
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Packet Pg. 384 Attachment: FDOT Right-of-Way Map 0359-250 (26404 : Final Acceptance of Utilities - Destiny Church)