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Utility Facility Corrective Quit Claim Deed INSTR 5084714 OR 5120 PG 3845 RECORDED 2/16/2015 8:29 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$18.50 This instrument prepared by: Robert C. Gebhardt, Esq 25 Lakeview Drive Whispering Pines,NC 28327 Fl. Bar No: 343749 Record and return to Neil Gregory,Esq. Bond Schoeneck&King, 4001 N.Tamiami Trail,Suite 250 Naples, Florida 34102 **************The above Space reserved for recording purposes. ************* UTILITY FACILITIES QUIT CLAIM DEED THIS INDENTURE made thisicrday of C-12...b r uc , 2015, between The Board Of County Commissioners Of Collier County, Florida, As The Governing Body Of Collier County and As Ex-Officio The Governing Board Of The Collier County Water-Sewer District, (hereinafter referred to as "Grantor") and Audubon Joint Venture, a Florida general partnership its successors and assigns (hereinafter referred to as "Grantee") whose address is 1456 Periwinkle Way, Sanibel, FL 33957. WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation, and maintenance of said facilities, situate, lying and being in Collier County, Florida, to-wit: See Exhibit A IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said board, the day and year aforesaid. ATT. T ?. r . BOARD OF COUNTY COMMISSIONERS DWGGI 'F 1411.64-,'CLERK COLLIER CO O A•" . ... ..�►`.d Ai;:4 BY: / _ '_ , a,s:, i e' k Tim Nance, Chairman es(as toChalrm - .. �. y signature onl . j l`a`, 354200.1 2/3/2015 (4) EXHIBIT A The water and sewer utility facilities and appurtenant easements rights described in that Utility Facilities Warranty Deed recorded in O.R. Book 5112, Page 955 and that Bill of Sale recorded in O.R. Book 5112, Page 958,both of the Public Records of Collier County, Florida, less and except the water and sewer utility facilities and appurtenant easement rights lying within the following • described land: Tract A and all Collier County Water-Sewer Utility Easements (C.U.E.) as shown on the plat of Audubon Country Club, Unit Three, according to the plat thereof as recorded in Plat Book 37, Pages 84-86 of the Public Records of Collier County, Florida. *This Quit Claim Deed is given for the purpose of correcting the legal descriptions attached to the Utility Facilities Warranty Deed and Bill of Sale referenced above. 354200.1 2/3/2015 C INSTR 5073586 OR 5112 PG 955 RECORDED 1/14/2015 2:25 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $0.70 REC $27.00 INDX $2.00 P ' T D ORIGINAL UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this 5-PA day of October,2001,between AUDUBON JOINT VENTURE a Florida general partnership(hereinafter referred to as "Grantor"),and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, (hereinafter referred to as"Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever,all water and sewer utility facilities lying within the following described land,together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County,Florida, to wit: [See Exhibit A] and said Grantor does hereby fully warrant the title to said utility facilities,and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance,the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns,together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating,and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. AUDUBON JOINT VENTURE , a Florida general partnership Witness: By:F&B Land Associates, Ltd. 1364-cio6 . a New York Limited Partnership Print e / /, By F& . I orp. / / a D e "corporation ■ at' Atia. . Print Mille: ea A- i nn By r .C. OR 5112 PG 956 S ' Colin Flinn, Vice President STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day,before me, a Notary Public,duly authorized in the State and County aforesaid to take acknowledgments,personally appeared Colin Flinn, Vice President of F&B Land Corp.,the general partner of F&B Associates, Ltd.,the general partner of Audubon,who executed the foregoing instrument on behalf of the corporation, and he is personally known to me or has produced as identification. WITNESS my hand and official seal in th mint) and Staterned above,this 3 - day of October, 1999. y/ itaktf, LESLIE FRANCHINI Notary Public MY COMMISSION#CC64S78p Printed Name: ?Of n EXPIRES:Naember 12.2001 ' I10J.YNCJI1,T P1L Notary Names■braer'11345, mw.►•— — My Commission expires: (SEAL) Serial No. (if any): Prepared by: Robert C. Gebhardt, Esq 5801 Pelican Bay Blvd., #300 Naples,FL 34108 *** OR 5112 PG 957 *** • EXHIBI I LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING A PORTION OF TRACT 'A'AS SHOWN ON THE PLAT OF AUDUBON COUNTRY CLUB, UNIT TWO, RECORDED IN PLAT BOOK 21 AT PAGES 21 THROUGH 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEASTERLYMOST CORNER OF TRACT A"AS SHOWN ON THE PLAT OF AUDUBON COUNTRY CLUB, UNIT TWO, RECORDED IN PLAT BOOK 21 AT PACES 21 THROUGH 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 437438`E, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TRACT R'AS SHOWN ON THE SAID PLAT OF AUDUBON COUNTRY CLUB, UNIT TWO, FOR A DISTANCE OF 211.70 FEET TO THE POINT OF BEGINNING,. THENCE CONTINUE S 437438'E, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30679 FEET; • THENCE RUN THE FOLLOWING FOUR(4) COURSES ALONG THE EASTERLY LINE OF SAID TRACT A': S 22'25'33"W FOR A DISTANCE OF 213.62 FEET; THENCE RUN S 3330'00"E FOR A DISTANCE OF 240.71 FEET TO A POINT ON A CIRCULAR CURW CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N 873141'W A DISTANCE OF 750.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO 171E RICHT HAVING A RADIUS OF 750.00 FEEL THROUGH A CENTRAL ANGLE OF 24'31'29; SUBTENDED BY A CHORD OF 31858 FEET AT A BEARING OF S 14'44'04'W, FOR AN ARC LENGTH OF 321.03 FEET TO THE END OF SAID CURVE; THENCE RUN S 00'2329"E FOR A DISTANCE OF 199.18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE RUN S 89'36:31' W, ALONG SAID SOUTHERLY LINE OF TRACT A; FOR A DISTANCE OF 493.79 FEET; THENCE RUN THE FOLLOWING EIGHT(8) COURSES ALONG THE WESTERLY LINE OF SAID TRACT A N 012579" W FOR A DISTANCE OF 145.75 FEET; THENCE RUN N 16'28'30' W FOR A DISTANCE OF 126.10 FEET; THENCE RUN N 433655'W FOR A DISTANCE OF 15896 FEET; N 0070'46'E FOR A DISTANCE OF 91.34 FEET; THENCE RUN N 11'05'56' W FOR A DISTANCE OF 130.05 FEET; THENCE RUN N 08'25'14' W FOR A DISTANCE OF 57.06 FEET; THENCE RUN N 21'05'15' W FOR A DISTANCE OF 63.50 FEET,• THENCE RUN N 35'33'15' W FOR A DISTANCE OF 67.12 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS POINT BEARS N 077826' W A DISTANCE OF 750.00 FEET THEREFROM;; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 750.00 FEET, THROUGH A CENTRAL ANGLE OF 17'06'30', SUBTENDED BY A CHORD OF 223.12 FEET AT A BEARING OF N 74'0819'E, FOR AN ARC LENGTH OF 223.95 FEET TO A POINT ON A CIRCULAR CURW CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S 81'28'40'E A DISTANCE OF 725.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 725.00 FEET, THROUGH A CENTRAL ANGLE OF 00'23'43-, SUBTENDED BY A CHORD OF 5.00 FEET AT A BEARING OF S 08'1928'W, FOR AN ARC LENGTH OF 223.95 FEET TO'THE END OF SAID CURVE; THENCE RUN S 81'52'23'E FOR A DISTANCE OF 200.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S 8152'23'E A DISTANCE OF 525.00 FEET THEREFROM' THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 525.00 FEET, THROUGH A CENTRAL ANNE OF 36'0718", SUBTENDED BY A CHORD OF 325.53 FEET AT A BEARING OF N 267116"E, FOR AN ARC LENGTH OF 330.98 FEET TO A POINT Of REVERSE CURVATURE,. THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 87'29'33", SUBTENDED BY A CHORD OF 41.49 FEET AT A BEARING OF N 00'30'09"E,, FOR AN ARC LENGTH OF 45.81 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING, CONTAINING 13.083 ACRES MORE OR LESS. Strawser, Mary Jane From: Strawser, Mary Jane Sent: Monday, February 09, 2015 4:36 PM To: 'HughesJodi'; StoneScott; Gregory, Neil Cc: robert gebhardt Subject: RE:Audubon Utility Turnover Jodi—this confirms our conversation. Our courier will be coming by 1st thing in the morning to deliver the check to your attention. I will include$2.00 in the check (total $21.20) so that Scott Stone can ask Clerk for a recorded copy. Mr. Stone, once you have the recorded copy, could you scan it to us? Thanks. Mary Jane Strawser Paralegal Property 239.659.3811 Direct mstrawser(a)bsk.com * E BOND 8S`CHOENECK Commitment•Service•Value•Our Bond 4001 Tamiami Trail North,Suite 250,Naples, FL 34103-3555 This email is ONLY for the person(s)named in the message header.Unless otherwise indicated,it contains information that is confidential,privileged or exempt from disclosure under applicable law.If you have received it in error,please notify the sender of the error and delete the message. From: HughesJodi [mailto:JodiHughes©colliergov.net] Sent: Monday, February 09, 2015 3:31 PM To: StoneScott; Gregory, Neil Cc: robert gebhardt; Strawser, Mary Jane Subject: RE: Audubon Utility Turnover Please make the check payable to The Clerk of Courts in the amount of$19.20 and submit to our office at: Collier County Government Growth Management Attn: Jodi Hughes 2800 N. Horseshoe Drive Naples, Fl 34102 Thank you. Jodi Hughes Associate Project Manager Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone #: (239)-252-5744 Fax#: (239)-252-6545 1 NeetVirginia From: StoneScott Sent: Tuesday, February 10, 2015 1:24 PM To: NeetVirginia Subject: FW: Audubon Joint Venture easement deed to county Hi Dinny, The e-mail below describes the matter in more detail, and explains the reason for the subject Quit Claim Deed and Bill of Sale.The owner submitted a Warranty Deed and Bill of Sale to the County as part of the preliminary acceptance for the utility systems on the owner's property. However,the property described on the conveyance document was too broad and included property that did not contain utility facilities.As such, the County is conveying the "excess" land back to the owner because the County never should have been conveyed that part of the property in the first place.The original conveyance from the owner to the County was approved administratively through the County's normal utility conveyance procedures under Chapter 134, Code of Ordinances, and did not require Board approval.Therefore,this conveyance from the County to the owner is a corrective measure that also does not require Board approval. I hope this is sufficient explanation.Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: StoneScott Sent: Friday, January 30, 2015 2:12 PM To: 'robert gebhardt' Subject: FW: Audubon Joint Venture easement deed to county Hi Robert, Based on my discussion with staff and the County Attorney,this matter can be resolved by having the County reconvey the property described in the Warranty Deed less and except all County Utility Easements within Audubon Country Club, Unit Three, according to Plat Book 37, Pages 84-86. Please prepare this as a quitclaim deed in accordance with the F.S. 125.411 (http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&Search String=&URL=0100- 0199/0125/Sections/0125.411.html). Alternatively,you can draft a deed from the County reconveying the entire property, and then having Audubon County Club convey the narrowly tailored property/facilities to the County. In fact, that may be necessary depending on your answers to my questions below. Either way,once our office approves your draft as to form and legality, the deed will be sent to the Chairman for his signature, and then we will deliver the executed deed to you so that you may record it at your leisure. However, prior to moving forward with the above process, I will need your responses to the questions in my e-mail below.Thanks! Regards, Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 1 I From: StoneScott Sent: Friday, January 30, 2015 1:14 PM To: 'robert gebhardt' Subject: RE: Audubon Joint Venture easement deed to county Robert, I have a few questions that will help resolve this matter: 1) Why wasn't the deed recorded (2015) until 14 years after it was executed (2001)? 2) When did you submit the Final Attorney's Affidavit to the County, relating to the subject utility facility final acceptance? 3) When did the County give preliminary acceptance to the utility facilities?What about final acceptance? 4) Did the grantor(Audubon) record the deed on their own accord, or did the County record the deed? Regards, Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: robert gebhardt [mailto:skipgebhardt©earthlink.net] Sent: Friday, January 30, 2015 11:12 AM To: KlatzkowJeff Cc: StoneScott; 'Gregory, Neil'; 'Colin Flinn'; 'Mark Minor' Subject: Audubon Joint Venture easement deed to county Jeffrey Thanks for taking my call. On January 14, 2014, Audubon Joint Venture recorded a Utility Facilities Warranty deed. The deed was recorded in OR Book 5112 at Page 955 and I have attached a copy of that deed to this email. The deed attempted to convey a utility easement in the final phase of the Audubon Joint Venture development to the County Board of Commissioners and the Collier County Water-Sewer District. The legal description was incorrect and instead of conveying a narrow strip of land on which the easements were placed, the legal description described the entire property. The land is currently under contract to be sold and closed on Monday. The purchase price is in the seven figures. The title company has deemed this deed to be an encumbrance on the entire property and will not issue a clean title policy. We need to unwind this deed and record a new deed containing the new description, and are anxious to clear this up as soon as possible. The most likely procedure would be for the County Board of Commissioners as the Governing Body of the Collier County Water-Sewer District to execute and deliver a quit claim deed to the property described in the deed described above, and the developer, Audubon joint Venture, would in turn record a new deed to the County with the correct legal description. We are searching for the most expedited way to solve this problem. Thank you for giving your attention to this matter. Questions call Robert "Skip"gebhardt Land Line 910-949-0443 Cell 910-215-7703 2 Florida Bar#343749 Best regards Skip Gebhardt Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 3