Agenda 04/26/2016 Item #16A 2 4/26/2016 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL20160000009 to quitclaim and release the County's
interest in the ingress and egress easement running through the west side of the property described
in Exhibit A attached hereto, as recorded in Official Record Book 624, page 1639 of the Public
Records of Collier County, Florida, located in Section 27, Township 48 South, Range 25 East,
Collier County,Florida.
OBJECTIVE: To quitclaim and release the County's interest in the ingress and egress
easement running through the west side of the property described in Exhibit A attached hereto, as
recorded in Official Record Book 624, page 1639 of the Public Records of Collier County,
Florida, located in Section 27, Township 48 South,Range 25 East, Collier County, Florida.
CONSIDERATIONS: Petition VAC-PL20160000009 has been received by the Development
Review Division, from Charles A. B. Thomson, Esq., as agent for the applicant to request the
County to quitclaim and release the ingress and egress easement running through the west side of
the property described in Exhibit A attached hereto, as recorded in Official Record Book 624,
page 1639 of the Public Records of Collier County, Florida, located in Section 27, Township 48
South, Range 25 East, Collier County, Florida.
On July 11, 1975, Collier Development Corporation granted an ingress-egress easement
recorded in O.R. Book 624,Page 1639,Public Records of Collier County, Florida, to the Collier
County Water and Sewer District over what was then a graded farm road, for the purpose of
providing the County with access to what became the North Collier Water Treatment facility. An
exact legal description of the farm road was not attached to the instrument that granted the
easement, thereby making it impossible to determine the exact location of the easement and
therefore was an easement in gross. However, based on a review of 1975 aerials, it is generally
believed the old farm road was located in the general vicinity of what is now Goodlette-Frank
Road North. It is recognized that in 1975,there were no publically-dedicated rights-of-way that
provided access to the water treatment site. With the extension of Goodlette-Frank Road, the
North Collier Water Treatment Facility now has direct access onto Goodlette-Frank Road
North, which is an improved and publically-dedicated right-of-way. Consequently, the old farm
road (which has not been used since at least 1995 and is no longer in existence) has long
since been abandoned, and the underlying lands have been platted as the Creekside West and
Creekside East subdivisions (such subdivisions being separated by Goodlette-Frank Road North).
There is no public detriment to quitclaiming the easement, as the ingress and egress "farm road"
was removed many years ago and the County or County Water-Sewer District does not use the
easement for any purpose. The Board of County Commissioners is ex-officio governing body of
the Collier Water-Sewer District, and therefore has the authority to quitclaim and release this
easement on behalf of the District.
Staff has reviewed this petition and found no reason for objection. Public Utilities has also
determined that there is no longer any purpose for the subject easement for utility purposes.
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4/26/2016 16.A.2.
The County does not acknowledge having any interest in the subject property(s), but the
petitioner has requested a quitclaim deed from the County to clear possible clouds on the
property's title. A quitclaim deed conveys whatever title or interest a grantor has in the described
real estate. The instrument operates as a release of the grantor's title or interest in the property. A
quitclaim deed contains no covenants of title or warranty, and it does not purport to convey any
particular type of estate. The form's main use is to clear possible clouds on the property's title.
FISCAL IMPACT: Staff has collected a $2,000 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. (SAS)
RECOMMENDATION: 1) To approve the attached quitclaim deed, relating to Petition VAC-
PL20160000009, which will quitclaim and release the County's interest in the ingress and egress
easement running through the west side of the property described in Exhibit A attached hereto, as
recorded in Official Record Book 624, page 1639 of the Public Records of Collier County,
Florida, located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, being
more specifically shown in Exhibit A, and 2) To direct the Clerk of Courts to record a certified
copy of the Quitclaim Deed in the Public Records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review
Division, Growth Management Department
Attachments:
1. Quitclaim Deed with Exhibit A
2. Location-Site Map
3. Letters of No Objection
4. 1975 Aerial showing old farm road and 2015 Aerial with old farm road removed
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4/26/2016 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve Petition VAC-PL20160000009 to quitclaim
and release the County's interest in the ingress and egress easement running through the west
side of the property described in Exhibit A attached hereto, as recorded in Official Record Book
624, page 1639 of the Public Records of Collier County, Florida, located in Section 27,Township
48 South, Range 25 East, Collier County, Florida.
Meeting Date: 4/26/2016
Prepared By
Name: BermanMarcus
Title: County Surveyor,Development Review
3/9/2016 10:36:30 AM
Submitted by
Title: County Surveyor, Development Review
Name: BermanMarcus
3/9/2016 10:36:32 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Development Review
Date: 3/9/2016 11:10:19 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/9/2016 4:52:52 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/9/2016 4:53:24 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
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4/26/2016 16.A.2.
Date: 3/10/2016 7:48:26 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 3/28/2016 11:22:46 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 3/28/2016 12:07:09 PM
Name: Marcellajeanne
Title: Executive Secretary, Transportation Administration
Date: 3/29/2016 7:51:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/2016 3:56:14 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 10:16:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 11:10:50 AM
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4/26/2016 16.A.2.
This instrument prepared without opinion
of title hy,and after recording return to:
Charles A.B.Thomson,Esq.
Coleman,Yovanovich&Koester,P.A.
4001 Tamiami Trail N.,Suite 300
Naples,Florida 34103
NOTE TO TITLE EXAMINER: THIS QUITCLAIM DEED IS BEING GIVEN FOR THE PURPOSE OF EXTINGUISHING
THAT CERTAIN EASEMENT RECORDED ON JULY 15, 1975,IN OFFICIAL RECORDS BOOK 624,PAGE 1639,OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
QUITCLAIM DEED
THIS QUITCLAIM DEED, executed this day of , 2016, by 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, whose mailing
address is 3301 Tamiami Trail East,Naples,Florida 34112 ("Grantor"), to CREEKSIDE EAST, INC., a
Florida corporation, whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105
("Grantee").
WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in
hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and
quitclaim unto the Grantee forever, all right, title, interest, claim, and demand which the Grantor has, if
any, in and to that certain Easement recorded on July 15, 1975, in Official Records Book 624,Page 1639,
of the Public Records of Collier County, Florida, affecting the real property, situate, lying, and being in
Collier County, Florida, as more particularly described on Exhibit"A", attached hereto and incorporated
herein by reference.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto belonging or in
anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the
Grantor,in law or in equity.
IN WITNESS WHEREOF, the Grantor has signed and sealed this Quitclaim Deed the day and
year first above written.
ATTEST: GRANTOR:
DWIGHT E. BROCK, CLERK OF THE BOARD OF COUNTY COMMISSIONERS
CIRCUIT COURT OF COLLIER COUNTY OF COLLIER COUNTY,FLORIDA
By: By:,
Print Name: Donna Fiala,Chairwoman
Title:
APPROVED AS TO FORM AND LEGALITY:
By: 3;/ -
Scott A. Stone, Assistant County Attorney
QUITCLAIM DEED
PAGE I OF 2
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FILYr
Exec Summary t
ti tt b
EXHIBIT "A" 388W3
EASEMENT tE£ 624 PAGE, 639
KNOW ALL MEN BY THESE PRESENTS That COLLIER
DEVELOPMEN'I CORPORATION,e Florida corporation, with its principal
place of business at 3003 North Tamiaml Trail, Naples, ?'lorida, hereilr-
after called the Grantor, for and in consideration of One Dollar <$1,00)
and other good and valuable considerations, receipt of which is hereby
acknowledged, does hereby grant to THE COLLIER COUNTY WATER AND
SEWER DISTRICT, its successors and/or assigns, whose postoffice
address is Collier County Government Center, Naples, Florida 33940,
hereinafter called the Grantee, the following described easement in,
over and across the following described premises:
oy°- �-- 3q
C3
A non-exclusive easement for ingress and egress over �QO ..... ewe
and across the existing graded farm road in the Westerly ,°etr Sa
portion of Parcel "A"; said parcel more fully described =ate
tilf.-4 •{/t -I
In Schedule "A", attached, and by reference made a part =Iw ar -rc
hereof. ®°�+ 2 a°
w .-Q
I N WITNESS WHEREOF the said Grantor has caused these
presents to be executed in its name, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, this 11th, day,....•,,,,
of July, A.D.. 1975. l 0 0 7,,•"-.
Witne•<ca: COLLIER DEVELOPMENT CORE.bRATIVel
{/eete�,./� Norman A. Herren, Vice Presir4e4''b�•.lele'"`` `,
fFl\ti -
J. J. Gorrnican, Fccretary
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
NORMAN A. HERREN and J. I. GORMICAN, well known to me to be the Vice-
President and Secretary respectively of the corporation named as Cyantor in the •
foregoing Easement, and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last afore-
said this 11th. day of July, A.D. 1975.
00ety Rots 5e,s.t!1004'7f t,010; •
!Ay C.+.*isti.n Eapu., H.*,tT2* •
bonded by Anwrkon tit.3'ouiGtry 44., - '
Packet Page -395-
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- 4
SCHEDULE "A or)",
FCC i.g..1 PACE1640
(PArteLL "A")
. • .
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. .
Commencing at a Concrete Monument being the Southeast Corner of
Section 27, Township 40 South, Range 25 East, Collier County,
Florida;
thence along the East line of said Section 27, North 1°-32'-29" .
West 2640.71 feet to a concrete monument being the East 1/4 t
' corner of said Section 27,
thence continuing along the East line of said Section 27,
North 1°-29'-37" West 1314.70 feet to a concrete monument;
thence South 89*-28'-00" West 100.01 feet to the POINT OF BEGINNING
,. .
of the Parcel herein described;
thence along a line which lies 100.00 feet West of (measured
at Right Angles to) and parallel with the East line of said
•
Section 27; North 1"-29'-37" West 1215.29 feet to the South
Right-of-Way line of State Road S-846;
. thence along said State Road Right-of-Way lin&', South 89°-
49'-l8 ' West 1072.32 feet to a concrete monument on the
East line of the Seaboard Coast Line Railroad Right-of-Way;
thence along the East line of said Railroad Right-of-Way,
South 5°-55'-57" East 1227.21 feet to a concrete monument;
thence North 89°-28'-00" East 977.20 feet to the Point of
Beginning of the Parcel herein described; .
being subject to easements and restrictions of record; .
containing 28.66 Acres of land more or less.
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[ 4/26/2016 16.A.2.
26430 Old 41 Road
Bonita Springs, Florida 34 135
April 24, 2014
Coleman, Yovanovich, Koester
Mr. Charles Thomson
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
Re: No Objection—Farm Road Easement Vacation
Dear Mr. Thomson:
In reply to your recent request, FPI_Company has no objection to the vacation/abandonment of the
existing'old farm easement located in the general vicinity of what is now Goodlette-Frank Road North"as
recorded in O.R. Book 624, page 1639 of the public records of Collier County, Florida.
If you have any questions regarding this matter, please contact me at 239-947-7342.
Sincerely,
),;(//
Jim Merriam
FPI.Sr. Technical Specialist
cc:file
an FPI_Group Company
Packet Page-398-
s ^g-, 4/26/2016 16.A.2.
COLEMAN, YOVANOVICl & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G.Coleman NORTHERN TRUST BANK BUILDING Matthew M.Jackson
Richard D.Yovanovich 4001 TAMIAMI TRAIL NORTH Jeffrey J.Beihoff
Edmond E. Koester SUITE 300 Harold J. Webre
William M. Burke NAPLES,FLORIDA 34103 Caroline M.Magliolo
Gregory L Urbancic 239-435-3535 Charles A.B.Thomson
Matthew L.Grabinski 239-435-121-8 FACSIMILE David Kerem
Craig D.Grider www.cyklawfirm.com Michael D.Gentile
Writer's Email: Of Counsel:
cthomson @cyklawfirm.com April 23,2014 Kenneth R.Johnson
VIA ELECTRONIC MAIL ONLY
(michaehltedberg@colliersheriff.org)
Michael Hedberg
Collier County Sheriff's Office
3301 East Tamiami Trail
Naples, Florida 34112
Re: Letter of No Objection to Proposed Easement Vacation
Dear Mr.Hedberg:
This Iaw firm represents Creekside East, Inc., and Creekside West, Inc. (collectively"Creekside"). We have
been engaged by Creekside in connection with the vacation of an abandoned, County farm road easement currently
located upon Creekside's property. I have enclosed for your reference an executive summary of the proposed easement
vacation, a recorded copy of the easement,a 1975 aerial of the farm road,and a draft of the proposed release document.
As part of the easement vacation process, Collier County requires certain utility companies and county
agencies to consent to the proposed vacation by submitting a "letter of no objection". On behalf of Collier County
Sheriff's Office, please indicate your consent to the proposed vacation of the above-described easement by signing
below. Once executed,please kindly mail the original to our office and email a copy to cthomson @cyklawfirm.com.
Should you have any questions or wish to discuss this matter, please do not hesitate to contact me directly. I
thank you in advance for your prompt attention to this matter.
Sincerely,
1J /
Charles A.B,Thomson
For the Firm
Enclosures)
THE UNDERSIGNED HAS NO OBJECTION, AND HEREBY CONSENTS, TO THE PROPOSED
EASEMENT VACATION DESCRIBED HEREIN.
COLLI'.' 0 T, SI E' -F'S OFFICE,
By:1 T -Atti
Print I�Iam ' fi c '
Title: � ..:,► • s'G" Csi4 t �
Date: t
Packet Page -399-
4/26/2016 16.A.2.
i + i t tip i
COLEMAN, YOVANOVICH & KOESTE R, P .
ATTORNEYS AT LAW
Kevin G.Coleman NORTHERN TRUST BANK BUILDING Matthew M.Jackson
Richard D.Yovanovich 4001 TAMIAMI TRAIL NORTH Jeffrey J.Beihoff
Edmond E.Koester SUrrt 300 Harold J. Webre
William M.Burke NAPLES,FLORIDA 34103 Caroline M.Magliolo
Gregory L.Urbancic 239-435-3535 Charles A.B.Thomson
Matthew L.Grabinski 239-435-1218 FACSIMILE David Kerein
Craig D.Grider www.cyklawfirtn.com Michael U.Gentzle
Writer's Email: Of Counsel:
cthomson @cyklawfrm.com April 23,2014 Kenneth R.Johnson
VIA ELECTRONIC MAIL ONLY
(noelailang enturyfink.coin)
Jigs Silang
CenturyLink-Florida
3530 Kraft Road
Naples,Florida 34105
Re: Letter of No Objection to Proposed Easement Vacation
Dear Mr. Silang:
This law firm represents Creekside East, Inc., and Creekside West, Inc. (collectively"Creekside"). We have
been engaged by Creekside in connection with the vacation of an abandoned, County farm road easement currently
located upon Creekside's property. I have enclosed for your reference an executive summary of the proposed easement
vacation,a recorded copy of the easement,a 1975 aerial of the farm road,and a draft of the proposed release document.
As part of the easement vacation process, Collier County requires certain utility companies and county
agencies to consent to the proposed vacation by submitting a"letter of no objection". On behalf of CenturyLink,please
indicate your consent to the proposed vacation of the above-described easement by signing below. Once executed,
please kindly mail the original to our office and email a copy to cthomson@cyklawfirrn.com.
cyklawfirm.com.
Should you have any questions or wish to discuss this matter, please do not hesitate to contact me directly. I
thank you in advance for your prompt attention to this matter.
Sincerely,
Char BeTtrosmson
For the Firm
Enclosure(s)
THE UNDERSIGNED HAS NO OBJECTION, AND HEREBY CONSENTS, TO THE PROPOSED
EASEMENT VACATION DESCRIBED HEREIN.
CEN RYLIN - 0 I [CATIONS,LLC,
a Di aware limite' li.Air; ompany
Er
By. w.ip_. L. t
Print Na e: Si: At +.
Title: EA/6 .L
Date: 6.4/0-3/0 ur4-
Packet Page -400-
4/26/2016 16.A.2.
COLEMAN, YOVANOVICIH & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G.Coleman NORTHERN'I RUST BANK BUILDING Matthew M.Jackson
Richard D. Yovanovich 4001 TAMIAMI TRAIL,NORTH Jeffrey J. Beihoff
Edmond E. Koester SUITE 300 Harold J. Webrc
William M, Burke NAPLES,FLORIDA 34 103 Caroline M. Magliolo
Gregory L. Urbancic 239-435-3535 Charles A.B. Thomson
Matthew L.Grabinski 239-435-1218 FACSIMILE David Kerem
Craig D.Grider www.cyldawfirm.com Michael D. Gentzlc
Writer's Email: Of Counsel:
cthomson @cyklawfirm.com April 23,2014 Kenneth R. Johnson
VIA ELECTRONIC MAIL ONLY
(dhaer@jzorthn plcsftre.corn)
Don Baer
North Naples Fire Control
1885 Veterans Park Drive
Naples, Florida 34109
Re: Letter of No Objection to Proposed Easement Vacation
Dear Mr. Baer:
This law firm represents Creekside East, Inc., and Creekside West, Inc. (collectively "Creekside"). We have
been engaged by Creekside in connection with the vacation of an abandoned, County farm road easement currently
located upon Creekside's property. I have enclosed for your reference an executive summary of the proposed easement
vacation, a recorded copy of the easement,a 1975 aerial of the farm road,and a draft of the proposed release document.
As part of the easement vacation process, Collier County requires certain utility companies and county
agencies to consent to the proposed vacation by submitting a"letter of no objection". On behalf of North Naples Fire
Control, please indicate your consent to the proposed vacation of the above-described easement by signing below,
Once executed,please kindly mail the original to our office and email a copy to cthomson@cyklawfirm.com.
Should you have any questions or wish to discuss this matter, please do not hesitate to contact me directly. i
thank you in advance for your prompt attention to this matter.
Sincerely,
0-A----7L-
Charles A. B.Thomson
For the Firm
Enclosure(s)
THE UNDERSIGNED HAS NO OBJECTION, AND HEREBY CONSENTS, TO THE PROPOSED
EASEMENT VACATION DESCRIBED HEREIN.
NORTH NAPLES FIRE CONTROL
13y: :C Print Name:Name: C y k.,V A-t_7 f Z
Title: -7 /4--1-771)-Li t,d (" p1,fn 4,4_4)6K—
Date:G.
Packet Page-401-
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i t I r ;,t r-
CoLENMAN, YOVANOVICH & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G.Coleman NORTHERN TRUST BANK BUILDING Matthew M.Jackson
Richard D.Yovanovich 4001 TAMIAMI TRAIL NORTH Jeffrey J.Beihoff
Edmond B.Koester SUITE 300 Harold 3.Webre
William M.Burke NAPLES,FLORIDA 34103 Caroline M,Magliolo
Gregory L.Urbandic 239-435-3535 Charles A.B.Thomson
Matthew L.Grabinski 239-435-1218 FACSIMILE David Kerem
Craig D.Grider www.cyklawfirm.com Michael D.Gentile
Writer's Email: Of Counsel:
cthomson @cyklawfirm.com April 23,2014. Kenneth R.Johnson
VIA ELECTRONIC MAIL ONLY
(Mark cook@cable.camcast.cont)
Mark Cook
Comcast
26100 West Links Drive,Suite 4
Fort Myers,Florida 33913
Re: Letter of No Objection.to Proposed Easement Vacation
Dear Mr.Cook:
This law firm represents Creekside East,Inc., and Creekside West,Inc. (collectively"Creekside"). We have
been engaged by Creekside in connection with the vacation of an abandoned, County farm road easement currently
located upon Creekside's property, I have enclosed for your reference an executive summary of the proposed easement
vacation,a recorded copy of the easement,a 1975 aerial of the farm road,and a draft of the proposed release document.
As part of the easement vacation process, Collier County requires certain utility companies and county
agencies to consent to the proposed vacation by submitting a"letter of no objection". On behalf of Comcast, please
indicate your consent to the proposed vacation of the above-described easement by signing below. Once executed,
please kindly mail the original to our office and email a copy to ethomson@cyklawfirm.com.
Should you have any questions or wish to discuss this matter,please do not hesitate to contact me directly. I
thank you in advance for your prompt attention to this matter.
Sincerely,
/104
Char es 7c:lC.'Thomson
For the Firm
Enclosure(s)
THE UNDERSIGNED HAS NO OBJECTION, AND HEREBY CONSENTS, TO THE PROPOSED
EASEMENT VACATION DESCRIBED HEREIN.
COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE,INC.,
a Delaware corporation
By: 1/k '�-�-�"`,
Print Name: t' #'_(A e ._...
Title: t c, k,_Ce3„4,- ,
Date: S'/t`!J i i i4
Packet Page -402-
4/26/2016 16.A.2.
'i ;t: 000 U 9 REV
May 28, 2014
Charles A.B. Thomson,Esq.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples,FL 34103
Office: (239)435-3535
Cell: (239)435-1218
cthomson@cyklawfirm..com
RE: Request for letter of No Objection to the Proposed Easement Vacation
"Old Farm Road"
To Mr. Thomson,
TECO-Peoples Gas System has no Natural Gas infrastructure within the limits described
in the information forwarded to our office.
TECO-Peoples Gas System has"No Objection"to your purpose and/or intent to petition
for the Proposed Easement Vacation within the Parcel Area description forwarded to our
office.
Should you have any questions or require further information,please contact me at
telephone and cellular numbers (239)690-5517, (239) 896-0812 or by e-mail at
mdaloi@tecoenergy.com
Sincerely,
Marilyn D. Aloi
Engineering Project Manager
Cc: File
TECO/Peoples Gas Office(239)690-5517
5901 Enterprise Parkway Fax(239)690-5539
Fort Myers,FL.33905 mdaloi @tecoencrgv.coin
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