Resolution 2016-098 RESOLUTION 16- 98
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF
A 0.0471 ACRE PARCEL LOCATED ON THE CORNER OF COLLIER
BOULEVARD AND MISSION HILLS DRIVE CURRENTLY OWNED BY
COLLIER COUNTY, FLORIDA, IN RETURN FOR THE CONVEYANCE
OF A 0.60 ACRE RIGHT-OF-WAY PARCEL UNDERLYING WOLFE
ROAD, TO BE USED BY THE PUBLIC IN GENERAL.
WHEREAS, Collier County desires to acquire fee simple interest in a 0.60 acre parcel
currently owned by Voila II, LLC, within the Sonoma Oaks Planned Unit Development, in order
to provide ownership in fee simple of Wolfe Road, a copy of the property to be acquired more
specifically described in Exhibit A attached hereto; and
WHEREAS, in exchange for the property to be acquired, Collier County has agreed to
convey to Voila II, LLC, a 0.0471 acre parcel which is no longer needed by the County, which is
more specifically described in Exhibit B attached hereto; and
WHEREAS, the 0.60 acre Wolfe Road right-of-way parcel will be conveyed by warranty
deed; and
WHEREAS, the 0.471 acre property located at the corner of Mission Hills Drive and
Collier Boulevard will be conveyed by statutory deed; and
WHEREAS, Wolfe Road is identified on the master plan for the Sonoma Oaks PUD as
public right-of-way and will be used by the public in general; and
WHEREAS, the exchange of property authorized herein was duly advertised in a
newspaper of general circulation pursuant to Section 125.37, Florida Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
The Board of County Commissioners authorizes the conveyance of a 0.0471 acre parcel
more specifically described in Exhibit B attached hereto to Voila II, LLC, a Florida limited
liability company, in exchange for a 0.60 acre parcel currently owned by Voila II, LLC, more
specifically described in Exhibit A.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I Oth day of rnQv , 2016.
[15-TRN-00319/1234251/1] Page 1 of 2
ATTEST:. C -)1c.--1) ,;-,/, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROC&, CLERK OF CO - IER COUNT , FLORIDA
64�, �%a -0.‘ � By:
t#@St • '
�y Clerk Donna iala, Chairman
A,*0! u' i*. 't i"forli and legality:
.4 l_ ... % _4
Assistant aunty A 'orney
I
[15-TRN-00319/1234251/1] Page 2 of 2
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RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174 \ ....-- \ g \
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PARCEL 6
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931
L6
fP.O.B\
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. 11.64.afi 100.09'
>
N89'49'111"W 164.15' N I
I
P.O.C.
I I
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34, LINE TABLE
Township 48 South, Range 26 East, and being a _
portion of those lands described in O.R. Book 2107, LINE LENGTH BEARING
Page 1174, of the Official Records of Collier County, L1 25.02 NO2'16'01"W
Florida. being more particularly described as follows: L2 5.00
N89'49'11"W
Commencing the Southeast corner of the Northeast L3 20.02 SO2'16'01"E
quarter of the Southeast Quarter of said Section 34 L4 38.04 N89'49'11"W
Thence North 89'49'11" West along south line of the L5 50.05 NO2'16'Q1"W
northeast quarter of the southeast quarter of sold L6 43.04 S89'49.11"E
Section 34 o distance of 100.09 feet to its L7 30.03 S02'16'01"E
intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard) thence continue
along said south line North 89'49'11" West 64.06
feet; Thence North 02'16'01" West, a distance of NOTES:
25.02 feet to the POINT OF BEGINNING; thence North
89'49'11" West, a distance of 5.00 feet; thence South 1. This is not a survey.
02'16'01" East, o distance of 20.02 feet; thence
North 89'49'11" West, a distance of 38.04 feet; 2. Basis of bearing is the West line of County
thence North 02'16'01" West, a distance of 50.05 Road 951 (C.R. 951) being S 02'16'01" E, Florida
feet to its intersection with a line lying 55.00 feet State Plane Coordinates NAD 83/90, East Zone.
North of as measured at right angles to the South
line of the northeast quarter of the southeast quarter 3. Subject to easements, reservations and
of said Section 34; thence South 89'49'11" East, restrictions or record.
along said line o distance of 43.04 feet; thence
South 02'16'01" East, a distance of 30.03 feet to 4. Easements shown hereon are per plat, unless
the POINT OF BEGINNING. otherwise noted.
Contoing' ';�21,d51.87 square feet or 0.0471 acres, 5. ROW represents Right-of-Way.
more orless. 6. P.O.B. represents Point of Beginning.
S ct . eosbma is and restrictions of record. 7. P.O.C. represents Point of Commencement.
4 8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
DAVID J: AIT, S..:' (FOR THE FIRM)
10. U.E. represents Utility Easement.
FLORIDA C. NO: 5;54
k
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED,SEAL OF A FLORIDA LICENSED C,,�,
SURVEYOR AND MAPPER. Exhibit B ,
CERTIFICATE OF AUTHORIZATION LB #43
UPDATED PER COUNTY COMMENTS OB/04/05 MI
UPDATED PER DESIGN CHANGES 08/02/05 N 0 25 50 100
UPDATED PER COUNTY COMMENTS 03/07/05 GRAPHIC SCALE
UPDATED PARCEL NUMBER 01/05
'PROJECT NO.: 65061 !PAR=NO.` 931 COLLIER COUNTY DEPARTMENT
....R..awwa,wn OF TRANSPORTATION
WilsOnMiller SKETCH & DESCRIPTION
Perms Encino a Eadaglate 9ww)ara•EN cisape rchttecb Tren.portatlal Consultants
WWlsonMlller,Inc. PROJECT NO.: SHEET Nu,eER: FILE NO.:
H Fat Sim.San*'a'a.+ Topa09/200.3 N6015-005-000 9J R OF XXX 2L-812
]i00ss,yL Sub X0 NiU4 iAkY7110.SA571. M,,2 4e4010 Pat WORN Mao..w.aUs.Rcmn 12
PROJECT: 99999
PARCEL No(s): 289SWAP
FOLIO No(s): 00203280009 & 00204781109
PROPERTY EXCHANGE AGREEMENT
THIS PROPERTY EXCHANGE AGREEM T (hereina er referred to as the
"Agreement") is made and entered into on this / y of 2016 by
and between VOILA II, LLC, a Florida limited liabi ity company, ose mailing address is
c/o Todd Dubovy, Bessemer Trust, 100 Woodbridge Center Drive, Woodbridge, NJ 07095
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the
County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a Road Right-of-Way in Fee Simple for the construction
of Wolfe Road over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, County owns a small parcel of land at the northwest corner of the
intersection of Collier Boulevard and Mission Hills Drive described in Exhibit "B" which was
acquired for the construction of a replacement parking lot for AT&T's light-guide
regeneration fiber-optic control station; and
WHEREAS, said AT&T control station has since been abandoned, the building has
been demolished and the fenced parking lot has been removed from the County's
property; and
WHEREAS, it is appropriate that the County's small parcel of land be assembled
with the lands comprising the Sonoma Oaks PUD surrounding it; and
WHEREAS, the owner of the Sonoma Oaks PUD property desires to incorporate the
County's small parcel into the larger PUD property; and
WHEREAS, Owner desires to convey a fee simple interest in the Wolfe Road Right-
of-Way to County in exchange for the County's conveyance to Owner of a fee simple
interest in Exhibit "B."
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
0
Page 2
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Wolfe Road right-of-way (Exhibit "A") to County via warranty
deed for the sum of:
$0.00
3. Owner shall provide County with evidence of authority and capacity of Owner and its
representatives to execute and deliver this agreement and all other documents
required to consummate this transaction, as reasonably determined by County's
counsel.
4. County shall convey the former AT&T parking lot parcel (Exhibit "B") to Owner via
statutory deed for the sum of:
$0.00
5. Both Owner and County agree that time is of the essence. Therefore, Closing (the
exchange of deeds) shall occur within ninety (90) days of the date of execution of this
Agreement This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and to
undertake all actions and to perform all tasks required of Owner hereunder
and to consummate the transaction contemplated hereby.
(b) No party or person other than County has any right or option to acquire the
Wolfe Road Right-of-way or any portion thereof.
(c) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the Wolfe
Road Right-of-way, nor shall Owner enter into any agreements granting any
person or entity any rights with respect to the Wolfe Road Right-of-way,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
Page 3
(d) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Wolfe Road Right-of-
way.
(e) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Wolfe Road Right-of-way or which adversely affect Owner's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Wolfe Road Right-of-way which has not been disclosed to
County in writing prior to the effective date of this Agreement.
(f) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the Wolfe Road Right-of-way to change from its
existing state on the effective date of this Agreement up to and including the
date of Closing. Therefore, Owner agrees not to enter into any contracts or
agreements pertaining to or affecting the property underlying the Wolfe Road
Right-of-way and not to do any act or omit to perform any act which would
adversely affect the physical condition of the Wolfe Road Right-of-way or its
intended use by County.
8. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
9. If the Owner holds the Wolfe Road Right-of-Way in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the
name and address of every person having a beneficial interest in the property
underlying the Easement before the Easement held in such capacity is conveyed to
County. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is
for sale to the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
10. Conveyance of the Wolfe Road Right-of-Way by Owner is contingent upon no other
provisions, conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein. No modification, amendment or cancellation of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Owner and County.
Page 4
11. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 5 /(0/(6,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUN ,4 N i. ! 06 .. BY: FLORIDA}'L "
•uty Clerk DONNA F , Chairman
est as to 111 , 4
signature only.
AS TO OWNER: VOILA II, LLC, a Florida limited liability company
DATED: BY: DRAX 951, LLC, a Florida limited
liability company, Managing Member
AiM :. =/ ' 4.4 BY: The Von Liebig Office, Inc.
Wi,I ess (Sign-t re) a Delaware corporation, its Manager
07K)fh— /1-X),/,)) ,j BY: Bessemer Trust Company of
Name (Print gr Type) Florida, a Florida corporation,
//
It - thoriz-0&agent
Witness (Signature) BY: k. R \a _/1...
Todd Dubovy, its Principal
Name (Print or Tyke) C
Approved as to form and legality
. . 0i. -eAat/r1
Assistant County Attorney
EXIST—A.Poe
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RICHARD 0. ANO FRANCIS A. CRAIGCC
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O,R. 80044 2107, PAGE 1174 `� I
I 7•1SPi °• ►
V
•ARCEL 1 u I►
931 •
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N89N89'49'11-1* 164,15' 1
I P.O. . I
LEGAL DESCRIPTION
A portion o1 the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34, LINE TABLE
Township 48 South, Range 26 Lout, and being e
portion of thou lends described in O.R. leek 2107, LINE LENGTH BEARING
Pope 1174, of the Official Records of COW County, LI 5.02 NOTIi'Otdl
Florida. being mere particularly described as follows: L 3.00 N89'41'11 W
Commencing the Southeast cornu of theNortheast 20.02 307t6'OLL
quarter of the Southeast Quarter of sola Section 34 t4 3..a4 Na9'411'It,W
Thence North 8749'11' West clang south foe of the 50,05 5407111111'Wnortheast q(worts,' of the southeast quarter of sold i 43.04 ttaro.,t1J
Section 34 a distance of 100.09 feet to Its L3 _ 30.03 SOT 16'01"E
Intersection with the Westerly right-of-way Me of
County Rood 951 (Collier Bouleuord) thence continue
slang said south line North 0749'1I' West 64.06
feet; Thence North 02'16'01' West, o diatoms* of NOTES:
25.02 felt to the POINT OF BEGINNING; thence North
674911` West, a dlsloncs of 3.00 feet; thence South 1. this Is not o surrey.
071701" Cost, o dietonse of 20.03 feet; thence •
North 6749.11' West, o distorts* of 38,04 feet; 2. Boyle of bearing is the Wen Ins of County
thence North 0716'01' Wool, a distance of 50.05 Rood 951 (C,R. 951) being S 0716'01' E, Florida
feet to Its intersection with o Fne lying 35.00 feet State Pion Coordinates W EI 83/80, Eget Zone.
North of as measured of right ongtee to the South
fine of the northeoot quarter of the southern' quarter 3. Subject to easements, reservation and
of said Section 34; tins. South 8749'11' Cost, restrictions Or record.
along said tine 0 distance of 43.04 feel; thence
South 0T18'01' Cost, a distorts. of 30.03 feat to 4. Casements shown hereon ore per plot, unless
the POINT Of IICGINNING, otherwise noted.
Contain '�,651.e7 square foot or 0.0471 acres. 5. ROW represents Right-of-Way.
more p �s. 6. P.0.1. represents Point of Beginning.
Su tC .to and restriction* of record, 7. P.O.C. represents Point of Commencement,
rLQ4J1Tee 8. 0.1. represents Official Resole.
9.r 10. tU,E.Erepresents Utility Easement.Suffer Eaeemnent
DAVID. (FOR INC FlRM)
FLORl n, /: if 4
.1 II' 'P
NOT VAUO'WITTHOUT THE SIONATURE AND THEL
OROINAI. RASED.;CAL OF A FLORIDA UCCNSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LI 543
UPDATED PER COUNTY COMMENTS 011/04/05
UPDATED PER OESION CHANCES 06/02/05 e
VPOATCO PER COUNTY COMMENTS 03/07/03 ~Nis full
UPOATCO PARCEL NUMOER 01/05 �s}
MEP ee, ¢3f f rasa-re'' St,...w,.�+ COLLEN COUNTY ' • W►
WIIssnMlller s DESCRIPTION
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a.+gr.r..•00.OM 0,0...r w...h.won rain.ww .— 00/700.1 ( e tea Ort-005- O pin or � Zl^Qf_x
P
INST1-‹ D200,390OR5273 PG 2491
RECORDED 5/17/2016 8:39 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$18.50
STATUTORY DEED
THIS DEED, made this 1O141 day of way _ , 20Ria , by COLLIER
COUNTY, a political subdivision of the State of/Florida, whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112, (hereinafter called the Grantor), to VOILA II, LLC, a Florida limited liability
company (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida, to wit:
See Exhibit "A" (attached hereto and made a part hereof)
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST: -
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ir)
est as to Ch. • !uty lerk DONNA IALA, Chairman
p .
si0n irp only.
(OFFICIAL SEAL)
A•proved as to form and legality:
Aidassistant !bounty ttorney
1
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RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174 \ ..-
C) I
I c I
PARCEL Li
931
L6
Fir:4'
Ln P.0.8
\ L--"4 H
r I I I
�
If 64 06r-„, 100,09'
C
N89'49' 1"W 164,15'
1 P.O.C.
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34, LINE TABLE
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R. Book 2107, LINE LENGTH BEARING
Page 1174, of the Official Records of Collier County, LI 25.02 N0716'01"W
Florida, being more porticulorly described as follows:
L2 5.00 N89'49'11"W
Commencing the Southeast corner of the Northeast L3 20,02 $0716'01"E
quarter of the Southeast Quarter of said Section 34L4 38,04 N89'49'11"W
Thence North 89'49'11" West along south line of the L5 50.05 NO2'16'01"w
northeast quarter of the southeast quarter of sold L6 43.04 S89'49'11"E
Section 34 a distance of 100.09 feet to its L7 30.03 S0716'01"E
intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard) thence continue
along said south line North 89'49'11" West 64.06
feet; Thence North 0716'01" West, a distance of NOTES:
25.02 feet to the POINT OF BEGINNING; thence North
89'49'11" West, o distance of 5.00 feet; thence South 1, This is not 0 survey.
0716'01" East. a distance of 20.02 feet; thence
North 89'49'11" West, a distance of 38.04 feet; 2. Basis of bearing is the West line of County
thence North 02'16'01" West, a distonce of 50.05 Rood 951 (C.R. 951) being S 02'16'01" E, Florida
feet to its intersection with a line lying 55.00 feet State Plane Coordinates MAD 83/90. East Zone.
North of os measured at right angles to the South
line of the northeast quarter of the southeast quarter 3. Subject to easements, reservations and
of soid Section 34; thence South 8749'11" East, restrictions or record.
olong said line o distance of 43.04 feet; thence
South 0716'01" Eost, a distance of 30.03 feet to 4, Easements shown hereon ore per plot, unless
the ,POINT OF BEGINNING. otherwise noted.
Containing'.il,655.87 squore feet or 0.0471 acres, 5. ROW represents Right-of-Way.
more or less, 6. P.O.B. represents Point of Beginning.
Sect e;osbme is and restrictions of record, 7. P,O,C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Londscape Buffer Easement.
DAVID•J: AIT, S.1Pr (FOR THE FIRM) 10, U.E. represents Utility Easement.
FLORIDA C. NO: 534
NOT VALID.WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
i'l--.
UPDATED PER COUNTY COMMENTS 08/04/05 UPDATED
PER DESIGN CHANGES 08/02/05 O OS 50 100 200
UPDATED PER COUNTY COMMENTS 03/07/05 GRAPHIC SCALE
UPDATED PARCEL NUMBER 01/05
M1Q1tCT 140•' 65081 I N.ROu"0.' 931 COLLIER COUNTY DEPARTMENT
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