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Resolution 2024-231 RESOLUTION NO. 2024 - 231 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SEEKING TO CLEAR TITLE TO LAND BEING CONVEYED TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA(TIITF). WHEREAS,Minto Sabal Bay LLC ("MINTO"), a Florida Limited Liability Company, is the owner of certain lands located in Sections 23, 25, 26 and 36, Township 50 South, Range 25 East, Collier County,Florida,as described in Exhibit"A", attached hereto and incorporated herein by reference (the "CONSERVATION PROPERTY"), being approximately 780 acres and abutting or near the Rookery Bay National Estuarine Research Reserve; and WHEREAS,MINTO seeks to convey the CONSERVATION PROPERTY to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida(TIITF); and WHEREAS, the TIITF requested that certain encumbrances on the CONSERVATION PROPERTY's title be cleared before MINTO conveys; and WHEREAS, the CONSERVATION PROPERTY is encumbered in part by the following matters of record involving Collier County as referenced in Chicago Title Insurance Company Title Commitment No. 7935805, dated August 2, 2024, at 8:00 a.m. ("SUBJECT ENCUMBRANCES"): 10. Contribution Agreement for Road Impact Fee Credits recorded in Official Records Book 3138,Page 2357;together with Affidavit in Official Records Book 3356,Page 1677; and as amended in Official Records Book 4356 Page 714;and Official Records Book 4580, Page 1977, Public Records of Collier County, Florida. 11. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements recorded in Official Records Book 3424, Page 337; as amended in Official Records Book 4218, Page 1451; Official Records Book 4356, Page 714; and Official Records Book 4506, Page 3172, Public Records of Collier County, Florida. 12. Terms and conditions contained in the Collier County Board of Commissioners Resolution No. 05-396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228, Page 2338, Public Records of Collier County, Florida; and WHEREAS,the Board of County Commissioners of Collier County,Florida("BOARD"), seeks to facilitate MINTO's conveyance to the TIITF as a political subdivision of the State of Florida; and WHEREAS, the BOARD finds that it is in the public interest and general welfare to facilitate the conservation of such lands; and WHEREAS, the BOARD, to induce and facilitate the conveyance of the CONSERVATION PROPERTY to the TIITF, seeks to confirm that the SUBJECT [24-OTH-00097/1904827/1] Page 1 of 4 cp,0 ENCUMBRANCES are satisfied, released and waived as to the respective CONSERVATION PROPERTY; and WHEREAS,MINTO accepts and consents to the satisfactions,releases and waivers herein, as evidenced in Exhibit`B", attached hereto an incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The recitals set forth above are true and correct, and incorporated herein by reference. 2. SUBJECT ENCUMBRANCES Nos. 10 and 11 are deemed to be satisfied, released and waived as to the respective CONSERVATION PROPERTY. 3. Any outstanding conditions or obligations relating to SUBJECT ENCUMBRANCE No. 12, regarding Resolution No. 05-396 and the Abandonment of the CDC DRI and DRI Development Order, are deemed to be satisfied, released and waived as to the respective CONSERVATION PROPERTY. 4. The satisfactions, releases and waivers contained in paragraphs 2 and 3 are expressly sought to waive any monetary or executory requirements held by the BOARD regarding the subject CONSERVATION PROPERTY. Any such satisfaction and waiver shall not be deemed to affect or otherwise modify any terms and conditions for lands other than the CONSERVATION PROPERTY. 5. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding hall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 10th day of December 2024. ATTEST: ,,. BOARD OF COUNTY COMMISSIONERS CRYS jY i" :i. ,ZEL; CLERK COLLIER CO Y, FLORIDA r:, ; Attest as to Chairman's �� ' k signature Only. By: ' : Y ' vS" Deputy Clerk Chris Hall, Chairman ?oim_ Ap0 ed as to faunand legality: Attachments: Exhibit "A"— Conservation Property Legal Description Derek D. Perry \/1‘ .q Exhibit`B"—Consent and Acceptance Assistant County Attorney \tb\ [24-OTH-00097/1904827/1] Page 2 of 4 CA EXHIBIT "A" A part of Sections 23, 25, 26 and 36, Township 50 South, Range 25 East, Collier County, Florida, described as follows: Begin at the Northwest corner of Section 36, Township 50 South, Range 25 East, Collier County, Florida; thence along the South line of said Section 26, South 89°32' 22" West, 2,696.15 feet; thence continue along said South line South 89°29'09" West,2,696.69 feet to the Southwest corner of said Section 26; thence along the West line of said Section 26,North 00°22' 46" East, 2,689.10 feet; thence continue along said West line North 00°22' 20" East, 2,690.20 feet to the Northwest corner of said Section 26; thence along the West line of said Section 23, North 00°06' 08" West, 669.97 feet to a point on the boundary of the waters of Tide Creek; thence along said waters of Tide Creek the following five (5) courses: South 72°03' 02" East, 21.83 feet; North 67°33' 05" East, 379.44 feet; North 52°01' 13" East, 129.24 feet; North 33°49' 42" East, 177.12 feet; North 24°17' 32" East, 213.58 feet; thence leaving said waters of Tide Creek, South 00°00' 00" East, 1,283.75 feet; thence South 90°00' 00" East, 2,035.20 feet to a point on the West boundary of the plat of Naples Grove and Truck Co' s Little Farm No. 2, as recorded in Plat Book 1, Page 27 of the Public Records of Collier County, Florida; thence along said West line South 00°20' 27" West, 1,270.25 feet to the Southwest Corner of Lot 79 of said plat; thence along the South line of said Lot 79 North 89°31' 43" East, 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest '/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 26; thence along said fractional line South 00°19' 29" West, 671.99 feet to the Southwest corner of said fractional quarter; thence along said South line of said fractional quarter North 89°31' 42" East, 673.39 feet to the Northwest corner of Lot 81 of said Naples Grove and Truck Co' s Little Farms No. 2; thence along the West line of said Lot 81 South 00°12' 23" West, 672.16 feet to the Southwest corner of said Lot 81; thence along the South line of said Lot North 89°31' 43" East, 672.16 feet to the East line of said Section 26;thence along said East line South 00°19' 09" West, 1,443.97 feet; thence leaving said East line South 90°00' 00" East, 1,535.15 feet; thence South 00°00' 00" West, 644.53 feet; thence North 90°00' 00" East, 2,595.79 feet; thence South 00°00' 00" East, 1,605.88 feet; thence South 89°28' 26" East, 1,180.89 feet to a point on the East line of said Section 36; thence along said East line South 00°19' 56" West, 469.92 feet; thence leaving said East line North 87°28' 51" West, 5,326.38 feet; thence North 00°14' 25" East, 1,254.17 feet to the Point of Beginning. [24-OTH-00097/1904827/1] Page 3 of 4 c90 EXHIBIT "B" CONSENT AND ACCEPTANCE OF RESOLUTION The undersigned, MINTO SABAL BAY, LLC, a Florida limited liability company, as successor in interest to Collier Land Development, Inc., a Florida corporation. hereby certifies that it is the owner("Owner") of that certain parcel of real property attached hereto as Exhibit A(the "Land"), The undersigned hereby accepts and consents to the satisfactions, releases and waivers by Collier County pertaining to the Land as set forth in Resolution 2024-a 3 I . OWNER: MINTO SABAL BAY, LLC ess #1 lorida ' ' d liability company (Print name below) \-ctLAG\c -- By: Address: \ �,� ( �k,-e 2 Print Name:'`75c�, ' . Lam. Its: ac' \k-Qt. �S �'-c ► --�r ykt ess (Print name below) 4"Ait..6 Address: /6 ' r ,L STATE OF FLORIDA ) ) ss. COUNTY OF (...14% ec c% ) Tile foregoing instrument was acknowledged before me in my personal presence this 12. .s JZ as Sen�cr ,` day of Ov , 2024, by -sdkn V ct.P k& f MINTO SABAL BAY, LLC, a Florida limited liability company. He or she is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. ignature ,,�;�'P�•,, BRENNAN M. CHACE anpnen°%'�fi�Notary Commission#HH 3176 t Florida TTTT4 My Commission Expires (Type or print Name of Acknowledger) �'� September 15, 2026 Page 4 of 4 C_AO