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Backup Documents 11/14/2023 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , z TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attome Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners •�L�r 5. Minutes and Records Clerk of Court's Office 114 2 3 °2'.bS13(1.\ PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 10/24/23 Agenda Item Number 16 . 6 . / . 6 . Z Approved by the BCC Type of Document •Quit Claim Deed Number of Original 2 Attached •/ESrSL.vT* (:),)3 - I rI Documents Attached PO number Or account DO\(>.I_RI('ORl)!Please return the original to number if document is me for FDOT execution and recording.I will pick- up document,please call me at 239-252-5880 or to be recorded email me at rnbin.goldsboro a collicrcounhil.aom when document is ready for pick-up.Thank you. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. 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. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. 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. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 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! N/A 8. The document was approved by the BCC on 10/24/23 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. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 0 P Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 .EC 3 - G i 00.44, 1682 Office of the County Attorney Jeffrey A. Klatzkow Deputy County Attorney•Scott R.Teach Managing Assistant County Attorneys•Colleen M.Greene Heidi F.Ashton-Cicko° *Board Certified City,County and Local Government Law Assistant County Attorneys•Ronald T.Tomasko Derek D.Perry Sally A.Ashkar Martha Vergara BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 RE: Agenda Dated October 24, 2023, Item No. 16.B.2 November 9, 2023 Dear Martha: There were a couple necessary but insubstantial changes required for proposed Resolution No. 2023-189. Please see the attached marked-up copy of the original resolution to be placed in the agenda backup for this item that demonstrates the changes made to the resolution forwarded to the board chairman for signature. As always, please feel free to give me a call if you have any questions or need additional information at (239) 252-8066. Thank you for your attention to this matter. Ve ruly Y urs, Derek D. Perry, sq. • Assistant County Attorney Attachments: (1) Insubstantial Edits to Resolution No. 2023-189 3299 East Tamiami Trail,Suite 800 • Naples Florida 34112-5749 • (239)252-8400 • FAX:(239)252-6300 16 R2 RESOLUTION NO. 2023 - 1 8 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE VIA QUITCLAIM DEED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF ALL COLLIER COUNTY'S RIGHT, TITLE,INTEREST, CLAIM AND DEMAND IN A PARCEL OF LAND SITUATED ON THE WEST SIDE OF US-41 BETWEEN COCOHATCHEE RIVER AND CLEAR BAY DRIVE. WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to construct a turn lane on the west side of US-41 between Cocohatchee River (Horse Creek) and Clear Bay Drive (the "Project"); and WHEREAS, FDOT is requesting that the Board of County Commissioners of Collier County, Florida ("Board") convey via Quitclaim Deed all the County's right, title, interest, claim and demand in a parcel of land ("Parcel 528CONV") (described further in that certain quitclaim deed attached hereto as Exhibit "A" and incorporated herein by reference), arising from certain dedications by the Cocohatchee River Trust P.U.D. Plat, recorded on December 4, 1991, in Plat Book 18, pages 97 and 98, of the Public Records of Collier County, to FDOT for construction of the Project; and WHEREAS, pursuant to Florida Statutes section 125.38, the Board, if satisfied that such property is required for such use and is not needed for county purposes, may convey Parcel 528CONV for a nominal price to FDOT after adopting a resolution stating that application is being made, the purpose for which such property is to be used, and the price being paid; and WHEREAS, said request, having been duly considered, is in the best interest of Collier County and Parcel 528CONV is no longer necessary for Collier County purposes. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Pursuant to Florida Statutes section 125.38, FDOT is making application for the conveyance of Parcel 528CONV for transportation and growth management purposes described herein as the Project; the application and conveyance are in the public or community interest and for public welfare; a nominal cost for consideration purposes of one dollar($1.00)will be paid by FDOT; and Parcel 528CONV, required by FDOT for the Project, is no longer needed for Collier County purposes. 3. The Chairman is hereby authorized to execute the quitclaim deed set forth in Exhibit "A", in favor of FDOT, conveying Parcel 528CONV, along with such other closing documents needed to effectuate transfer, after approval by the Office of the County Attorney, at no additional cost to FDOT. [23-ECM-02939/1805478/1] Page 1 of 2 C A(*i f R2 BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded forthwith to FDOT at Bartow, Florida. THIS RESOLUTION ADOPTED on this 24th day of October 2023, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K: KINZEL, CLERK COLLIER COUNTY, FLORIDA �` . B3`: ;,tk,A-41 .-- . By: ,PO qairmauty Clerk Rick LoCastro, Chairman signature¢hfy. App ved as to form and le ality: 0eAlit ° Derek D. Perry Assistant County Attorney Attachments: Exhibit"A"—Quitclaim Deed for Parcel 528CONV [23-ECM-02939/1805478/1] Page 2 of 2 16 :B2 Exhibit Quitclaim Deed for Parcel 528CONV C 16R2 04-COQCD Date: September 20, 2023 This instrument prepared F.P. NO. 1953801 under the direction of: PARCEL 500.3 Angela D. Tucker, Chief Counsel SECTION 03010-2570 Post Office Box 1249 STATE ROAD 45 (U.S. 41) Bartow, Florida 33831-1249 COUNTY COLLIER Department of Transportation QUITCLAIM DEED ou THIS QUITCLAIM DEED, made this day of Otri369Z20Z3, by COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA, grantor,whose mailing address is 3299 Tamiami Trail East, do County Attorney's Office, Suite 800, Naples, FL 34112, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249. (Wherever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said grantor,for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee forever, all right,title, interest,claim and demand,which said grantor has in and to hereinafter described parcel of land situate in the County of COLLIER, Florida, viz: SEE EXHIBIT"A" TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity,to the said grantee forever. Page 1 of 4 for Parcel 500.3 CA0 IN WITNESS WHEREOF, said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice- Chairperson of said Board,the day and year aforesaid. ATTEST: CRYSTAL K. KIN,iWL, Clerk of the Circuit BOARD OF COUNTY Court&Comptroller;; COMMISSIONERS � COLLIER CO 1�v FLORIDA By. . t.l,Le.L `+'�`•,tr/YtAA` ° ' it r ti �,'� DetlLty cieiAtt�st as to Chairman's By: / signature only. RICK LoCASTRO, Chairperson GRANTEE Florida Department of Transportation Name: Title: pr vcd a to cgality 09 Assistant County Attorne N\ bE D_ PE' '( AV/ Page 2 of 4 for Parcel 500.3 min 1fR2 Exhibit"A" Page 1 of 2 F.P. NO. 1953801 SECTION 03010-2570 PARCEL 500 Those portions of Tracts 2 &3, Cocohatchee River Trust P.U.D, a subdivision lying in Section 21, Township 48 South, Range 25 East, as per plat thereof recorded in Plat Book 18, Page 97, Public Records of Collier County, Florida. Being more particularly described as follows: Commence at the southeast corner of said Tract 3 and the west existing right of way line of State Road 45 [U.S. 41 (per Section 03010-2570 FPID 1953801)];thence along said west existing right of way line and the east line of said Tract 3 North 01°00'30" West a distance of 60.00 feet to the northeast corner of an ingress and egress easement per Official Records Book 1580, Page 2060, Public Records of Collier County, Florida for a POINT OF BEGINNING;thence along the north line of said ingress and egress easement South 89°03'00"West a distance of 15.00 feet;thence North 01°00'30"West a distance of 354.53 feet; thence North 88°59'30" East a distance of 15.00 feet to said west existing right of way line and the east line of said Tract 2; thence along said west existing right of way line and said east line of Tracts 2 and 3, South 01°00'30" East a distance of 354.55 feet to the POINT OF BEGINNING. Containing 5,318 square feet, more or less. Legal Description Approved by: Michael D. McLean PSM#6658 Date: 4 - 20 223 NOT VALID UNLESS EMBOSSED Page 3 of 4 for Parcel 500.3 cj SECTION 21 , TOWNSHIP 48 SOUTH, RANGE 25 EAST lb 132 COLLIER COUNTY, FLORIDA EXHIBIT "A" PAGE 2 OF 2 G 6 COCOHATCHEE RIVER i Is' RIGHT OF WAY & (HORSE CREEK) ' . ' DRAINAGE EASEMENT 0 25 50 1 I - (PER PI AT) Scale, I \V N 88°59'30" E 15.00' WEST EXISTING RIGHT OF WAY -- ----- OF I1 S 41 & EAST LINE OF THAT I 2 , i� CONSERVATION EASEMENT �' (O.R. 5582, PG. 235) I 15_ N i /\i / J in Fe COCOHATCHEE RIVER \ TRUST P.U.D. n (P.B. 18, PGS. 97-98) 5 m QQO \ w TRACT 2 o rz Z cc 0 0 m \� O O Q o o N V Z En u? 500 \\ 6' SIDEWALK I EASEMENT —1 - 5,318 SQUARE FEET EASEMENT �{ (PER PLAT)' \\ WEST EXISTING RIGHT OF WAY PRESERVE AREA- I OF U.S. 41 & EAST LINE OF TRACT 2 PER PLAT - i - 1 I I CONSERVATION EASEMENT 1 S 89°03'00" W 1 (O.R. 5582, PG. 235) 15.00' I-- -- ---I ,/, POINT OF BEGINNING -- -- - - —' J _ I NORTHEAST CORNER OF INGRESS /% &EGRESS EASEMENT I (OFFICIAL RECORDS BOOK 1560,PAGE 2060) CLEAR BAY DRIVE / o_ - TRACT 3 O o'o WEST EXISTING RIGHT OF WAY INGRESS & EGRESS EASEMENT - I Z',1O OF U.S. 41 & EAST LINE OF TRACT 3 ��� (O.R. 1580, PG. 2060) 15 o R.O.W. & D.E. �" (PER PLAT) . ' - POINT OF COMMENCEMENT SOUTHEAST CORNER TRACT 3 PHELAN PROPERTIES RIVERBEND LLC STATION 340+75.27 (O.R. 6006. PG. 1824) FOOT RIGHT OF WAY US-41 SECTION 03010-2570 FPID 1953801 FLORIDA DEPARTMENT OF TRANSPORTATION -- - PARCEL SKETCH - NOT A SURVEY -- STATE ROAD NO. 45 (US 41 /TAMIAMI TRAIL) COLLIER COUNTY --"- "-- --"----- 1�PREPARED BY: DATA SOURCE:RW MAP 03010-2570 1953801 - .. BY DATE 1 'FLORIDA DEPARTMENT OF TRANSPORTATION sReicU 6 UEYYRi2RON ay AG OUT BARBER.6 BRUNDAGE DRAWN JAR 04-07-2023 1PAGE 4 OF 4 REVISION Br DATE CHECKED MOM 04-07-2023' F.P. NO. 1953801 SECTION 03010-2570 j FOR PARCEL 500.3 .Z1, 0 ibR ? RESOLUTION NO. 2023 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE VIA QUITCLAIM DEED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF ALL COLLIER COUNTY'S RIGHT, TITLE,INTEREST,CLAIM AND DEMAND IN A PARCEL OF LAND SITUATED ON THE WEST SIDE OF US-41 BETWEEN COCOHATCHEE RIVER AND CLEAR BAY DRIVE. WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to construct a turn lane on the west side of US-41 between Cocohatchee River (Horse Creek) and Clear Bay Drive (the "Project"); and (DsSCRIdED 1Et IN 114 KT cEK.7-4r4 Qu►Tc iA1(41 DEED i$trpcMED HEaETb P&E.c416rr'W'AJ(0 ( Cce 47 D WHEREAS, FDOT is requ ing that the Board of County Commissioners of Collier Nr4 County, Flo ' a rd") cone is Quitclaim Deed all the County's right, title, interest, claim ice ,.,, ) and dema d in a parcel o rising out of certain right of way, drainage, and preserve area ease1nents ("Parcel 528CONV")1dedicatAlict -CJlier County by the Cocohatchee River Trust P.U.D. Plat, recorded on December 4, 1991, in Plat Book 18, pages 97 and 98, of the Public Records of Collier County, to FDOT for construction of the Project; and WHEREAS, pursuant to Florida Statutes section 125.38, the Board, if satisfied that such property is required for such use and is not needed for county purposes, may convey Parcel 528CONV for a nominal price to FDOT after adopting a resolution stating that application is being made, the purpose for which such property is to be used, and the price being paid; and WHEREAS, said request, having been duly considered, is in the best interest of Collier County and Parcel 528CONV is no longer necessary for Collier County purposes. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Pursuant to Florida Statutes section 125.38: FDOT is making application for the conveyance of Parcel 528CONV for transportation and growth management purposes described herein as the Project; the application and conveyance are in the public or community interest and for public welfare; a nominal cost for consideration purposes of one dollar($1.00)will be paid by FDOT; and Parcel 528CONV,required by FDOT for the Project, is no longer needed for Collier County purposes. 3. The Chairman is hereby authorized to execute the quitclaim deed set forth in Exhibit"A", attached hcrcto and incorporatcd hcrcin by rcfcrcncc, in favor of FDOT, conveying Parcel 528CONV, along with such other closing documents needed to effectuate transfer, after approval by the Office of the County Attorney, at no additional cost to FDOT. [23-ECM-02939/1805478/1] Page 1 of 2 CAO