Agenda 03/22/2016 Item #16A20 3/22/2016 16.A.20.
EXECUTIVE SUMMARY
Recommendation to adopt a resolution formally accepting the dedication of Tract "R" and all
lighting easements as dedicated in the plat of Collier Park of Commerce Retail Center Replat as
recorded in Plat Book 52, Pages 37 and 38 of the official records of Collier County and accepting
maintenance responsibility for these dedications and for Parcels 280FEE and 232UE.
OBJECTIVE: To formally accept the roadway and lighting dedications needed for a turn lane at
the Racetrac Gas Station on Airport-Pulling Road North and for future roadway lighting
purposes, and to assume responsibility for maintenance of roadway and related improvements,
and future roadway lighting improvements.
CONSIDERATIONS: The construction of the Racetrac Gas Station on the west side of
Airport-Pulling Road,just south of its intersection with North Horseshoe Drive, included a right
turn lane into the gas station. The right-of-way required for this turn lane (Tract "R") was
dedicated to Collier County for roadway purposes with responsibility for maintenance in the
Collier Park of Commerce Retail Center Replat, approved by City of Naples City Council on
February 27, 2013, and subsequently recorded in Plat Book 52, pages 37 and 38 of the official
records of Collier County (the Plat). After approval of the Plat, the turn lane was extended
further north and additional right-of-way was required. This right-of-way (Parcel 280FEE) was
conveyed to the County via separate warranty deed.
�-� The Plat also dedicated to Collier County certain lighting easements for the purpose of
installation and maintenance of roadway lighting. The extended turn lane encroached into a
portion of the platted lighting easement area; therefore an additional lighting easement (Parcel
232UE)was conveyed to the County to compensate for the encroachment.
Additionally, the Plat dedicated certain utility easements to Collier County for water & sewer
purposes; however, these easements have since been conveyed to the Collier County Water &
Sewer District and do not need to be further addressed herein.
The roadway related improvements associated with the Plat and with Parcel 280FEE have been
constructed in accordance with the Collier County Land Development Code and have been
inspected by the Transportation Engineering Division and found to meet County standards. The
lighting easements are being accepted for future roadway lighting purposes. The attached
resolution for acceptance of these dedications and responsibility for maintenance of
improvements is required under Section 10.02.05.C.3 of the Land Development Code.
FISCAL IMPACT: The County currently maintains this section of N. Horseshoe Drive and
Airport-Pulling Road, so there will be no additional maintenance costs related to the acceptance
of these parcels.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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3/22/2016 16.A.20.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for approval.—ERP
RECOMMENDATION:
1. To adopt the attached resolution formally accepting the Plat dedications of Tract "R" for
roadway purposes with responsibility for maintenance thereof, and all lighting easements for
future installation and maintenance of roadway lighting as stated in the Plat of Collier Park of
Commerce Retail Center Replat as recorded in Plat Book 52, pages 37 and 38 of the official
records of Collier County, and Parcels 280FEE and 232UE with responsibility for
maintenance.
2. To authorize its chairperson to execute same on behalf of the Board.
Prepared by: Karen Dancsec, Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department.
Attachments:
1. Resolution
2. Location Map
3. Collier Park of Commerce Retail Center Replat
4. Warranty Deed—Parcel 280FEE
5. Utility Easement—Parcel 232UE
•
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3/22/2016 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to adopt a resolution formally accepting the dedication
of Tract "R" and all lighting easements as dedicated in the plat of Collier Park of Commerce
Retail Center Replat as recorded in Plat Book 52, Pages 37 and 38 of the official records of
Collier County and accepting maintenance responsibility for these dedications and for Parcels
280FEE and 232UE.
Meeting Date: 3/22/2016
Prepared By
Name: DancsecKaren
Title: Property Acquisition Specialist,Transportation Engineering&Construction Management
1/21/2016 10:05:47 AM
Submitted by
Title:Property Acquisition Specialist,Transportation Engineering&Construction Management
Name: DancsecKaren
1/21/2016 10:05:49 AM
Approved By
Name: HerreraGloria
Title: Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal
Date: 2/3/2016 8:13:05 AM
Name: AhmadJay
Title:Division Director-Transportation Eng,Transportation Engineering& Construction Management
Date: 2/8/2016 7:57:42 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 2/10/2016 10:11:18 AM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
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Date: 2/10/2016 10:12:44 AM
Name: GossardTravis
Title: Division Director-Road Maintenance,Road Maintenance
Date: 2/11/2016 7:47:50 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date:2/22/2016 10:56:11 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 2/23/2016 10:27:20 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/23/2016 3:38:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:54:41 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 3/11/2016 7:01:37 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 3/14/2016 1:50:53 PM
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3/22/2016 16.A.20.
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ACCEPTING THE
DEDICATION OF TRACT "R" AND ALL LIGHTING EASEMENTS
GRANTED BY THE PLAT OF COLLIER PARK OF COMMERCE
RETAIL CENTER REPLAT, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 52, PAGES 37 AND 38, AND ACCEPTING
MAINTENANCE RESPONSIBILITY FOR THESE DEDICATIONS AND
FOR PARCELS 280FEEAND 232UE DESCRIBED AND RECORDED IN
THE OFFICIAL RECORDS OF COLLIER COUNTY, OR BOOK 4994,
PAGE 973 AND OR BOOK 5054,PAGE 1111,RESPECTIVELY.
WHEREAS, on February 27, 2013, the City of Naples City Council, Collier County,
Florida, approved the plat of Collier Park of Commerce Retail Center Replat for recording; and
WHEREAS, the developer (Racetrac) has constructed roadway improvements (a right
turn lane) located within Tract "R" according to the plat, which was dedicated to Collier County
for roadway purposes with responsibility for maintenance; and
WHEREAS, the plat also dedicates lighting easements to Collier County (County) for
installation and maintenance of roadway lighting; and
WHEREAS, Section 10.02.05.C.3 of the Collier County Land Development Code
requires the acceptance of plat dedications by Resolution; and
WHEREAS, the roadway improvements, specifically a right turn lane, intended for Tract
"R" was subsequently extended beyond the northerly limits of Tract "R" requiring the
conveyance of additional right-of-way to the County via separate warranty deed, referenced as
Parcel 280FEE; and
WHEREAS, Parcel 280FEE encroached upon a portion of the lighting easement
dedicated to the County via the plat, and thus required the conveyance of an additional lighting
easement(Parcel 232UE) to the County to compensate for the encroachment; and
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3/22/2016 16.A.20.
WHEREAS, Parcels 280FEE and 232UE have been conveyed to and accepted by the
County but responsibility for maintenance of improvements constructed and to be constructed
thereon has not as yet been formally accepted by the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that these plat dedications according
to the plat of Collier Park of Commerce Retail Center Replat as recorded in Plat Book 52, Pages
37 and 38 of the official records of Collier County, are hereby formally accepted.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and future lighting
improvements within the above-described parcels, Parcel 280FEE, recorded at O.R. Book 4994,
Page 973 of the Official Records of Collier County, Florida, and Parcel 232UE, recorded at O.R.
Book 5054, Page 1111 of the Official Records of Collier County, Florida, be maintained by
Collier County.
This Resolution adopted after motion, second and majority vote, this day of
, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Donna Fiala, Chairperson
A sproved as to form and legality:
Assistant Ci my Attorney
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INSTR 4926554 OR 4994 PG 973 RECORDED 12/20/2013 11:00 AM PAGES 3
DWIGHT E. BROCK, CL THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $27.00 3/22/2016 16.A.20.
PROJECT:
PARCEL:
FOLIO:
SPECIAL
WARRANTY DEED
THIS WARRANTY DEED made this day of , 2013, by
RACETRAC PETROLEUM, INC., a Georgia corporation, whose address is 3225
Cumberland Blvd., Ste. 100, Atlanta, GA 30339 , (hereinafter referred to as"Grantor")
to COLLIER COUNTY, a political subdivision of the State of Florida,whose post office
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples,Florida 34112(hereinafter referred to as"Grantee").
(Wherever used herein the terms"Grantor"and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural,as the context requires.)
WITNESSETH: That the Grant. _for and in consideration of the sum of Ten
Dollars ($10.00) and other :m •- ation, receipt whereof is hereby
acknowledged, hereby gran : •. s, se , ,I)$e remises, releases, conveys and
confirms unto the Grantee -! .t certain land sit :t l Collier County, Florida,to wit:
ee e• xhit3if"A"w'ich's
C: .+_,. -f: :nc
This property was not .uq -• - • n pur u.•nt ta?.. petition in eminent domain
regarding said property:4 • is not subject to res ride-- imposed by Section 73.013,
Florida Statutes.
Subject to eas.C restrictions, - e ervations of record.
TOGETHER with all the to Idereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple;that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever arising
through or under Grantor, but not otherwise; and that said land is free of all
encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
The County will accept the roadway and maintenance responsibility
by Board approval of a resolution setting forth such acceptances
upon completion of the roadway improvements to the County's
satisfaction and County's specifications.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COWER COUNTY,FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.*o/n - 39,
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OR 4994 PG 974
3/22/2016 16.A.20.
WITNESSES: RACE C PETROLEUM,INC.
a Geor is corporation
By:
tgnature 4, Name: William C. Milam
Title: Chief Operating Officer
cl)I(Print Fu I Name)
(Signature)
Pw,tL d^1
(Print Full Name)
STATE OF GEORGIA
COUNTY OF COBB
The foregoing Special Warran c .R.- 4? lledged before me this 23'a day of
September,2013 by ,who:
tcFr: Kk
is personally kno
OR
produced „ »:��r z as proof of
identity. us", imaiwa,
-1"114 Jd -
`.�QO.;• �2 ( .'' jot-�1 Public)
I,
ofl (Zoo e ;\ ?Hp C , v me of Notary Public)
',•,�Nj y GEo?o� Serial/Commission#(if any):
I-tintntt%.��
My Commission Expires: o2•1.d01Le
Approved as to form and legality
•
•mily Pe i'n
Assistan County Attorney
Last Revised:10/15/10
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*** OR 4994 PG 975 ***
3/22/2016 16.A.20.
.� EXHIBIT "A"
RIGHT OF WAY DEDICATION
LEGAL DESCRIPTION
A PORTION OF LOT 1,EAST NAPLES INDUSTRIAL PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10,PAGE 114
AND 115,INCLUSIVE,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 1;THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-951(AIRPORT
PULLING ROAD),S00'42'45"E,124.56 FEET;THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE S12•35'18"W,49.72 FEET;
THENCE LEAVING AFOREMENTIONED WEST RIGHT-OF-WAY LINE,N00'42'27"W,173.00 FEET;THENCE N89'34'15-E,11.32 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,701 SQUARE FEET,MORE OR LESS.
NORTH HORSESHOE DRIVE(P)
L2
P.O.B.
SOUTH ROW LINE -' Z
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o
N▪ A 4
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TRACT 5 TRACT 2
BOUNDARY LINE TABLE
LINE LENGTH BEARING
L1 49.72' S12'3518'W
L2 11.32' N89'34'15"E
100 50 0 100 200
MI MN MIME
III• MI 1=1111 IIINI••IIIIIIIII
GRAPHIC SCALE IN FEET 1"=100'
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INSTR 5002963 OR 5054 PG 1111 RECORDED 7/2/2014 1:51 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 3/22/2016 16.A.20.
REC $27.00
.
i
PROJECT NO:99999
PARCEL NO: 232UE
FOLIO NO: 05575003029
UTILITY EASEMENT
THIS EASEMENT, made and entered into this day of
, 2014, by RACETRAC PETROLEUM, INC., a Georgia
corporation, whose mailing address is 3225 Cumberland Blvd., Ste. 100, Atlanta, GA
30339 (hereinafter referred to as "Grantor"), to 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"Grantee").
(Wherever used herein the terms"Grantor"and"Grantee"include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural,as the context requires.)
WITNESSETH:
Grantor, for and in considers r� -;DOU.,ARS ($10.00) and other valuable
consideration paid by the ta ,e r ep a 'tsufficiency of which is hereby
acknowledged, hereby c. ,'"". :nts, bar tins 's "ells unto the Grantee, a
perpetual, non-exclusiv- iii'7 -asement for the pu •. -�o'f\installing, operating and
maintaining street lig' ing .nd related facilities, inclu.' g light poles, conduit and
electrical wiring over und: , 4:1Oriand\ac.rossAlle. ollowindes''ribed lands located in
Collier County,Florida,to/Nit: c. -,
I ee a e�Echlb= A"' is ii t
i co bra ed herein 00,' efe Vin•-.
t �._ .✓/' Ix '
Subjeckt cements,restrictions d res ati : f record.
TO HAVE AND "ip LD the same unto 910 Gr.n ,e',,, ether with the right to
enter upon said easem r and to place and/or e a#a , aterials for the purpose
of installing,operating an n a' ' ing street lighting . I fed facilities thereon. This
easement includes the righ e r�,ws9etatlarl1 t ~'easement area and to keep
clear the easement area from al +alt i Eiofi &ing access to the street lighting and
related facilities. This easement includes--thee right to remove and use any and all
excavated material from the easement area in connection with the construction of such
lighting facilities in the easement area. The easement granted herein shall constitute an
easement running with the land and shall burden the lands described above.
IN WITNESS WHEREOF,the Grantor has caused these presents to be executed
the date and year first above written.
WITNESSES: RACET C PETROLEUM,INC.,a
Georgi corporation
.!/ �.�� BY:
( '•nature) Name:William C.Milam
�-� Title:Chief Operating Officer
(P'nt Name)
(Signature THIS CONVEYANCE ACCEPTED BY:THE
BOARD OF COUNTY COMMISSIONERS,
"` �"''``"' ` COWER COUNTY,FLORIDA
/'" (Print Name) PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.2010-39
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oR 5054 PG 1112
3/22/2016 16.A.20.
I'
STATE OF GEQRG
COUNTY OF C:OPP
Thg„fore oing Utility Easement was acknowledged before me this I I day of
JV I 2014, by William C. Milam, Chief Operating Officer of
RACET C PETROLEUM,INC.,who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal) /
(Signatur�of No:ry Publliic___)///
f v Ph:ll;
(Print N me of Notary Public)
Serial I Commission#(if any):
ly i fission Expires: (^ , i fP 0 r
°14�'GL7.0y
` ION0- 0
Approved as to form nd Iga - n
J J31.J;tiR3 * y
( °O°.��/fN 3f'
Assistant County A �"' 'r r 1,,1
ci
Last Revised, 10/15/10
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*** OR 5054 PG 1113 ***
3/22/2016 16.A.20.
FT'
EXHIBIT "A"
UTILITY EASEMENT AREA
LEGAL DESCRIPTION
A PORTION OF LOT 1,EAST NAPLES INDUSTRIAL PARK.ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10,PAGE 114
AND 115,INCLUSIVE,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1; SAID POINT BEING LOCATED AT THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD S-951(AIRPORT PULLING ROAD)AND THE SOUTH RIGHT-OF-WAY LINE OF NORTH HORSESHOE DRIVE.
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE RUN S89°34'15"W FOR 11.42 FEET TO THE POINT OF BEGINNING.THENCE LEAVING SAID
SOUTH RIGHT-OF-WAY LINE RUN S00°42'45"E FOR 129.52 FEET;THENCE RUN S12°35'18"W FOR 43.48 FEET;THENCE RUN N00°42'45"W FOR
171.89 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY_LINE;THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE RUN
N89°34'15"E FOR 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,507 SQUARE FEET,MORE OR LESS. -
N•" H i(1
Ig VE(P)
'-- � P.O.B.
3 L1
— — •\ -s— 4- - 0 . P.O.C.__. .
OUT R*W LINE —
0 co .::.
____ __n h....ZP in - D
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TRACT sERTY °
SI' m-o*r z m
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50
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O
D
v
TRACT 5 TRACT 2
BOUNDARY LINE TABLE
LINE LENGTH BEARING
L1 11.42' S89°34'15"W
L2 43.48' S12°35'18"W
L3 10.00' N89°34'15"E 100 50 0 100 200
NI MO
GRAPHIC SCALE IN FEET 1"= 100'
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