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Agenda 12/13/2016 Item #16A35 16.A.35 12/13/2016 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the public roadway and drainage improvements in a portion of the right-of-way known as Magnolia Pond Drive, as conveyed and recorded in OR Book 2449, Pages 605 through 607, with the roadway and drainage improvements being maintained by Collier County. OBJECTIVE: To accept and maintain property conveyed by the Florida Department of Transportation. CONSIDERATIONS: On June 29, 1998,the Florida Department of Transportation(FDOT)quit claimed the property described in OR Book 2449,Page 607 to the County(a portion of what is now known as Magnolia Pond Drive).The parcel is approximately 60 feet wide and 2,531 feet in length,located west of Collier Blvd just north of I-75. The land was originally acquired by the FDOT for state highway purposes; however,it was conveyed at the request of the County because it was no longer required for such a purpose. The portion of Magnolia Pond Drive that is subject to this final acceptance is shown on the attached Location Map. In 2003,the developer of Noah's Landing, located adjacent to Magnolia Pond Drive, completed construction of the improvements within the Magnolia Pond Drive public right-of-way as a condition of the Noah's Landing Site Development Plan(SDP) approval (SDP-2001-AR-498). In 2005,the Collier County School Board completed additional improvements and modifications to Magnolia Pond Drive as a condition of SBR-2002-AR-3069 for access to Golden Gate High School and the future Mike Davis Elementary School site. The County owns the right-of-way in fee simple and will accept the maintenance responsibility for those improvements within the right-of-way as well as the right-of-way itself,as it serves multiple public purposes including,but not limited to: schools,residential and future mixed uses. The right-of-way improvements have been constructed in accordance with the Land Development Code (LDC).The Growth Management Department has inspected the improvements and is recommending final acceptance. A resolution for final acceptance of the subject rights-of-way has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMP ACT: Recording fees, estimated to be less than $100, are available in Transportation Fund 101. The roadway improvements will be maintained by the Road Maintenance Division, Operations and Maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management 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: To grant final acceptance of the roadway and drainage improvements in a portion of the public right-of-way known as Magnolia Pond Drive,as conveyed and recorded in OR Book 2449,Pages 605 through 607,with the roadway and drainage improvements being maintained by Collier County,and authorize the Chairman to execute the attached resolution authorizing final Packet Pg.810 16.A.35 12/13/2016 acceptance of the improvements. Prepared by: Travis Gossard,Director,Road Maintenance Division, Growth Management Department ATTACHMENT(S) 1. Resolution- 110316 (PDF) 2.Exhibit A-Magnolia Pond Dr Limits of Acceptance (PDF) 3. Quit Claim Deed FDOT to Collier County- 6-24-1998 (PDF) Packet Pg. 811 16A35 12/13/2016 �.� COLLIER COUNTY Board of County Commissioners Item Number: 16.A.35 Item Summary: Recommendation to grant final acceptance of the public roadway and drainage improvements in a portion of the right-of-way known as Magnolia Pond Drive, as conveyed and recorded in OR Book 2449, Pages 605 through 607, with the roadway and drainage improvements being maintained by Collier County. Meeting Date: 12/13/2016 Prepared by: Title: Supervisor-Operations—Road Maintenance Name: Diane Lynch 11/03/2016 4:27 PM Submitted by: Title: Superintendent-Roads &Bridges—Road Maintenance Name: Jonathan Vortherms 11/03/2016 4:27 PM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/09/2016 4:33 PM Capital Project Planning,Impact Fees,and Program Management Gloria Herrera Additional Reviewer Completed Procurement Services Allison Keams Additional Reviewer Completed 11/14/2016 1:06 PM Growth Management Department Gene Shue Additional Reviewer Completed 11/14/2016 5:32 PM Road Maintenance Travis Gossard Additional Reviewer Completed 11/15/2016 9:48 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/16/2016 4:42 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/16/2016 5:19 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 9:05 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2016 9:09 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/17/2016 10:37 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg:812 16.A.35.a RESOLUTION NO. 2 0 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN THE RIGHT-OF-WAY KNOWN AS MAGNOLIA POND DRIVE, AS CONVEYED AND RECORDED IN OFFICIAL RECORD BOOK 2449, PAGES 0 6 0 5 ACCEPTANCE OF THE MAINTENANCE OBLIGATIONS. WHEREAS, a portion of the public right-of-way now known as Magnolia Pond Drive was conveyed from the Florida Department of Transportation to the County on June 29, 1998 and recorded in OR Book 2449, Pages 0605 through 0607, the Official Records of Collier County; and WHEREAS, the right-of-way improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has a� reviewed the current conditions of the roadway and drainage improvements,and is recommending .L acceptance of said facilities. -a NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS a° OF COLLIER COUNTY, FLORIDA,that final acceptance is hereby granted for those roadway and drainage 12 improvements within a po rt ion of the right of way known as Magnolia Pond Drive, as described in OR c as Book 2449, Pages 0605 through 0607. BE IT FURTHER RESOLVED AND ORDERED that those roadway and drainage improvements n within a portion of the right of way known as Magnolia Pond Drive, as described in OR Book 2449, Pages a i 0605 through 0607,will be maintained by Collier County. tc This Resolution adopted after motion, second and majority vote favoring same, this day of c , 2016. ° DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK CLERK = a, By: Deputy Clerk Donna Fiala,Chairman Approved as to form and legality: Us-- tlg Scott A. Stone Assistant County Attorney Packet Pg.813 6.A.35b E EB uta 4aoe " hi g z ``0.z QL'�' "NE St E , t.dg£g RSR 15 a•5x 1;mg ,4 53, s„io 4 E j: 1111:6 4. `: 100 FOOT.CANAL MGM'OF WAY NX€'imc q 1 1 0, — L N 2 1 W4V'16'It.—.— 2691J1• •.. � �(o r -----a,lg COLLIER BOULEVARD (STATE_ROAD S-951)-100' WIDE RIGHT WAY m m .1/ ,$) —r-- I. 9 W20'15'.E-- 1275.33" *lir- _..-y":-T- 1 I �— � / E"t �rfrrrrrrtrrfrrrrrrrrr 1 ^ I Paas zaeP P e a eon 1i 1 a P 8 SG 1,- t 0 1 m r 1 ag 2 I F""l 4 � a�o%to�naooTile a oN yLx x I :01 H .»«nL aR=GR^a_t»« L .11 e 1 H F Z z); i I.0.1 i G ... «- &^«. «nm- ^-.n "C E i Eo « a I a � o�o.oa o I F P, 0 ,nu 6Z1. a3 1 1 11 0`�.-o R_ A=4rpa'2=^'een'e� 4- 011. ns R5 'n Zm'3; I I MGea�I..Lb ti,,k2Ster.bbgge . a 1- c o a1 a 1+a ' ems seo s$g$a's H `� 1qs « as 4 sgsao�e sas ss C6 N II-pp E O ct.,' e ., tti mn 3 :3 ¢ laz 2 pP, zo.tq 4, 4 i. del M1P' a 1 7S`1'.aE'a': gat€SBEC.f,.L;,:,«.,_<.�.mom£ip .. CO sa mn. 8 �e1« . 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' !'rme CUNT W u:Lmlf t0791.41.kSt ORO 110771 224 YA41.161 1.9 1661 -4,--- ".-- II OVP3Yi'N tamer I 1 a r.Lri rNf1 Packet Pg. 814 • 16.A.35.c 4 Thu wuumeot prepared by Boa.L Tome.keel Properly Manaeoat Nonce Ooe Florida Depotreos of Tranrpenoree P 0 Box 1249 Bresor.Florida 33831.1249 FM a :2007211 Section/Job .03175-2409 FAN k 1-75-4(22)307 Counts COLLIER ►� +��+ State Road# :93(1-75) V r3 a _ L' Parcel N :104(Access Rd Pi 2) 5 QUITCLAIM DEED o THIS INDENTURE. MADE THIS ly day of 0-1,~'t , 1998,by and between the STATE OF o a ra FLORIDA,by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, P. O. Box •o c 1249, Bartow, Florida 33831-1249,as the party of the First Part, and the Board of Collier County C °3 g Commissioners,whose post office address is 3301 E. Tamiami Trail, Building G,Naples, Florida 34112,the 11 a r V M party of the Second Part. Tr s g cr.% 00 c.(,.." N 4„ °1 W rn .w% nt WHEREAS,said land hereinafter described war..hereto,fork acquired forestate highway purposes. ,r and F o) WHEREAS,said land is nn longerT ir..y ors -,..1.... • d-tlte Party of the First Part,by action . era c alp bob of the District Secretary, District On Flo d tl D pa'it tent, T7..:, poi,anon on J" a 2. )Qf'pursuant to g 4 the provisions of Section 337.25 Flida'Statutes,has agreed to i uitclaimi the,443,11 described to the P. °' t. Party of the Second Part: . 4 0 0 NOW,THEREFORE,THIS. N.D TURE W ITN TH: That the Party of the First Part, , c:, p ;I om C C1 LL for and in consideration of the premises and the sum-.of ne llar-and other valuable considerations to it paid `- 1 by the Party of the Second Part,the receipt of which is hereby acknowledged,does hereby remise, release and 1 CD 1Q E quitclaim unto the Party of the Second Part, and assigns,forever,all the right,title and interest of the State of v Florida and/or the State of Florida Department of Transportation to the property described on Exhibit"A" W M O :. MD MIS attached hereto and made a part hereof. TO HAVE AND TO HOLD the said premises and the appurtenances thereof unto the Party of the co Second Part. This CONVEYANCE IS made subject to any unpaid taxes, assessments, liens, or encutnbra x:es. Page 1 of 2 This document oc7oted br th.DCC Packet Pg. 815 16.A.35.c FMN :2007211 kcIJubtl 03175-2409 CountCOLLIER FAM'# 1-75422)307 State Road a :93(1-75) Parcel# I04(Access Rd q 2) IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to he signed in the name of the State of Florida and in the name of the State of Florida Department of Transportation by its District Secretary, District One, and its seal to he hereunto affixed, attested by its Executive Secretary, on the date first above written. d TATE OF : ORI A a Signed, sealed and delivered r EPART '• T O' TRANSPORTATION o in our resence as witnesses:�f � •a 1 1 i€ L �i` By: ' ` u..), a Witness Signature it vid '. idly. J to � / F � ,� � � strict Seer�nary 75— MarlMar ene rt 9 a) rinted Name of Witness J • / dAMIP C Attest: /./,I. I._.. _ Oahe. ..a�1 2. / � r, Witness Sig •ture ,,....-----7— vw.41 / a. r,. . .e / M Al .:- V,, . I: -0 ions of attestor • crnldVne l �Qn ",,,, -N cc „, Printed Namf of Witness .,1-' a) a / N 7 /� co "--' ��' DEPARTMENT SEAL IApproved as to form and legality 1,S `4 /�_ - c.).! Y Attorney t.'Florida Depa Ile` ,- `�~1 75 of Transportation °`` U •. IN—) State of Florida --, as. County of PolkL'il_ The foregoing instrument was acknowledged before me this L1� day of Ju fl - , l991, .-co o by David A. Twiddy, Jr., P.E., the District Secretary for District One, Florida Department of Transportation, •• E . . , • 'liwn9) ,rr v ;r / 4X? �, o Etta, date - 1 ',Ili)of Flondt 4 /, `= It • y cpm^. , s Aug.4.2001 Y c,m.;, „ ,;C868924 Si • re of Notary lic 0 ,,� J �' a� NOTARY SEAL �enn� 1 7 fit' /�,. ArTI E OR STAMP Printed Name of Notary o Notary Public in and for the Q tU� County and State last aforesaid My commission expires At 7) G 0! Commission No.: aerie (e 35 a LI 2of2 Packet Pg. 816 1 16.A.35.c . PROJECT NO. P] 7-5-- L'/v' • PROJECT PMICEI. NO /a y TAX PMCEL NO -v-/4- tzeA DESCRIF'T ON: That part of the NE 1/4 of Section 34, Township 49 south, Range 26 Last, Collier County, Florida, being sore particularly described as follows: -6- > COMMENCE at the Southeast corner of the NC• 1/4 of said Section LD 34, Township 49 South, Range 26 East; thence, run south 88.48'27* _ o . West, a distance of 100.01 feet to the Westerly Right-of-way line a .ca of S.R. 5-951, thence North 0'29'15* West, along said . p Right-of-way liner a distance of 1,353.73 feet for the POINT Or m to SrOZNNINQ; thence South 87'42'52" West, a distance of 2,531.44 feet; thence xorth• 0.20'07" West, a distance of 60.03 feet; CV M thence North 87'42'52" Last,. aa disttanc�il of 2,531.36 feats thence South 0.29'15" East:,-) J 'f aa) • r • / zllstanc• of p `k sat to the POINT or BEGINNING. j` ;/ -` 1,4_,..,,,tx4-, --------.,_, ..,r"\ \ . - • Containing 3.467 acres, norff2illielleTrIA 77‘ ,- ! , QC N LEGAL DSCRIPT1 O I SURVEY, 1. =-c • ; w..c.rlr r1sRt-er•a..T 11m M in °' • --f.A\ ''''-0- r' J O * . s•rta 47.41*S7t Z..t 7,133.71 -V\€ /;> ,M • . . p . M !V F 6•• 3.417 aeras, a.n .r .. %..,,-�,S. o°• 1 .A Q .7", 14N g4 A • i#1MC • 4 - N CI ` 0 swtA u,ct'st* *.■t 7,s3i.cc' . . . . cT RS U N • M H . 1 c=:. _ Z. A � caseceat es 45 • aG3 c it tim s•..•ta.a.tScott...ruse et tea at 1/4 •t Y sit 74, T• 6LP 41 ata, MM. U Last Q o.t . r.. Mower rrGI .4 i % Y MOLL .. �� COCCKED BY- !Me FT COIIPIFX 11EVo1€o I 1101 C..iia: 1`1SM. NAM'S. K-sole7 1 Packet Pg. 8171