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Agenda 10/10/2017 Item #16A1110/10/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Vanderbilt Community Association, Inc., in order to reconvey to Vanderbilt Community Association, Inc, all fire lines utility facilities associated with the development at Vanderbilt Fitness Center, PL 20140000162, which were previously erroneously conveyed to the County. OBJECTIVE: To correct the erroneous conveyance of fire line utility facilities to the County for the Vanderbilt Fitness Center development project. CONSIDERATIONS: The Utility Facilities Warranty Deed and Bill of Sale from Vanderbilt Community Association, Inc., recorded on May 31, 2016, at OR Book 5278, Page 512, conveyed fire line utility facilities located within Vanderbilt Fitness Center, to the Board of County Commissioners (BCC) of Collier County, Florida. These conveyance documents were recorded after preliminary acceptance of the utility facilities for the project, in accordance with the Utility Facility Standards and Procedures Ordinance No. 2004 -31. However, prior to Vanderbilt Community Association, Inc. requesting the Board of County Commissioners final approval and acceptance of these utilities facilities, the Development Review Division determined that the fire line should not have been conveyed to the County because it has been past practice for the County not to accept conveyance of private fire line facilities. Therefore, the attached Quit-Claim Deed will reconvey the County’s interest in these fire line facilities back to the Vanderbilt Community Association, Inc. The Association will convey the correct facilities, water facilities, to the county by separate Warranty Deed and Bill of Sale at a later date, through the standard acceptance process. Vanderbilt Community Association, Inc. is aware of the error and has agreed to accept reconveyance of these utility facilities. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: To approve and authorize the Chairman to sign the Utilities Facilities Quit- Claim Deed and Bill of Sale between Collier County and Vanderbilt Community Association, Inc., in order to reconvey to Vanderbilt Community Association, Inc, all fire lines utility facilities associated with the development at Vanderbilt Fitness Center, PL 20140000162, which were previously erroneously conveyed to the County. Prepared by: Jodi Hughes, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Utilities Facilities Quit Claim Deed and Bill of Sale (PDF) 2. Original Warranty Deed-Bill of Sale (PDF) 3. Vanderbilt Assoc-Accepting Fire Lines (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doc ID: 3640 Item Summary: Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Vanderbilt Community Association, Inc., in order to reconvey to Vanderbilt Community Association, Inc, all fire lines utility facilities associated with the development at Vanderbilt Fitness Center, PL 20140000162, which were previously erroneously conveyed to the County. Meeting Date: 10/10/2017 Prepared by: Title: Project Manager, Associate – Growth Management Development Review Name: Jodi Hughes 08/16/2017 4:45 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/16/2017 4:45 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/17/2017 9:20 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/18/2017 8:54 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/18/2017 9:14 AM Growth Management Department Matthew McLean Additional Reviewer Completed 08/21/2017 9:33 AM Growth Management Department Jodi Hughes Department Head Review Skipped 08/16/2017 4:33 PM Growth Management Department James French Deputy Department Head Review Completed 08/21/2017 6:09 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/24/2017 3:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/24/2017 4:43 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2017 4:01 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 7:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM (Suce above for recording information) keg in Immay"I"N 0 1 wKslay Komi W41 tile plow] 1XIV9112131 THIS QUIT CLAIM DEED made this day of 1 2017, between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX -OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter collectively referred to as "Grantor"), and VANDERBILT COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, its successors and assigns, (hereinafter referred to as "Grantee"). W ITN E S S E T H: 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 ]land paid by said Grantee, the receipt whereof is hereby acknowledged, hereby quit claims, remises and releases to the said Grantee, and Grantee's heirs, successors and assigns forever, all fire lines located and lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or purtion(5) thereof, all situate and lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) (Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hereby remise, release, and quitclaim to the said Grantee, and Grantee's heirs assigns forever, all the right, title, interest, claim and demand which grantor has in and to the said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, ormixed. The purpose of this quit -claim deed and bill of sale is to convey back to Grantee all fire lines contained in Official Records Book 5278, Page 512, of the Public Records of Collier County, Florida. Ac*r[VE V220051366797;9752669 1 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by the Board of County Commissioners acting by the Chairman or Vice of said Board, the day and year first above written, GRANTOR: ATFEIST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY: Approved as to form and legality: By: ANY -TAYW�,Cf JA I RM AN Scott A. Stone, Assistant County Attorney 7/1 � / 7 ACTIVE: V22005/366797.97526691 ropqnx-lu 79305007548 Locatj2 Section 35, To%kmship 48S, Range 26E, STRAP No. 683355 8 13D35 Descriptio Tract 8 of Vanderbilt Cwntry Club 2, according to the map or plat thereof, m recorded on Plat Book 32, Pages 42-55, of the Public Records of Collier County, Florida ExIiihit B �40 INSTR 5271758 oR 5278 PG 512 RECORDED 5/1L/2O16 12:30 ptil pAGEs 4 DI,CIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC ,3 5. 50 o o IITIL TY FACILITIES 1VARRANTY DEED AND BILL OF SALE THIS INDENTLRE made rhis aO day ofl\x(1.<''.1 ,2 o-l!----- bctr"cenJ Vandcrbilt Community Association, Inc. (hcreinaftcr referred to as ''Gra!tor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNTNC BODY OF COLLIER COUNTY AND AS THE EXOFFICIO GOVERNING BOARD OF fiIE COLLIER COI,Nry WATER.SE\I'ER DISTNCT, its zuccessors and assigns, (hereinaller rcfened to as That said Granto( for and i ($10-00) and othcr good ond valuable consideration hereby scknowledged, has , thc receipt \thereof is and Grantee's heirs, sllcccssors ard assigns d under the follorving msintcnance of saiddescribcd land, for opcrat facilities, system(s) or pon Florida, to wit: being in Collier County, Sec Exhibit "A" attached hereto snd incorporaled by reference herein lvhich contains lie legal dcscription. Exhibit "B" anached hcrclo is a sketch or other graphic reprcsentstion that depicls thc ph)sical location of$e utility slstems being conveyed. and said Crantor docs hercby fully rvarrant the title to said utility fscilities andor system(s) or portion(s) ttereof, be they realty, personalty, or mixed, ond Grantor will defend such title against all claims ofall pcrsons \rhomsocver, For the purposes of this conveyance, the utility facilities, systcm(s) and-/or portion(s) tfiercof conveFd herein shall not bc dcemed to convcy sny of the lands dcscribed in eithcr cxhibit. Crantor and Gmntcc lre used for singulor or plural, ss c4nten allorys. A skelch or other gmphic representation showing the location of the ulility facilities, etc., being conveS'ed is anached as Exhibit B. TNESSETH: Tcn on, installati f, gU ii atetu 8n 47 oR 5278. PG 513 o o TO IIAVE AND TO HOLD thc samc unto thc Grantee 8nd iti sssigns, togcthe! wilh thc right lo entcr upon said lcn4 excavate, rclocate snd/or take or intmducc materials fot dle purposc of constsuclioS, relocsling, opcmtin& repairing end/or othenvisc maintaining utility systems thercon. Grantor and Grantcc arc uscd for singular or plural, as the contcxt rcquircs. IN \WrNESS \WIEREOF, Grantor has caused tlese presents to be executed the date and year first above *ritten. Signed, sealed and delivered Vandc!bilt Community AssociEtion, Inc. in thc prcsence or:I , /l +-John Lslib€rte Manager B Li wi ess Nam Witness Namc: STATE OF FLORIDA COUNTY OF COLLIER Thc forcgoing instrument 2014 by John Lalibede, of Tqo-d \ , lnc,on ucf,aif of said companl'. IIe is LIC 5-r=\s-nDzerJ (sEAL) (typc or print) My Commission Expircs: Approvcd trs to form & lcgal Sufllciency Assistant County Attorney Prepaled by: Cynthia G. YanosiL P.E. Community Engineering Services, Inc. t3650 Fjddlesticks Boulevard, PMB 202-3389, Fort Mycrs, fL 33912 *.n lo me E}lPifiis' Nc$ilor t.. 20! 5 lctta nn tldty l\r:t: Llrdi?!6 fi $ 'l BEEnS uY @l1ls10ll , tE 11615 01nfis oR 5278 ' PG 51-4 Exhibit A Property ID 79305007s48 Locatiop Section 35, Torvnship 48S, Range 268. STRAP No. 6g3355 g 13835 Description Tract 8 of Vanderbilt Country Club 2, according ro tre map or plat thereof,, as recorded on plat Book32, Pages 42-55, of the Public Rccords of Collier County, ilo.iau Exhibit B i€" I I fn,= a. I 'l : i {li ,-fiil€ o ao43 .{I t,, **r oR'5278 pG s15 rr. PRG'ECT MT'E LOCAnOtt l.^IEa ^ooR€SS OF Or,tx& Vondtftm C.rrnunit Asaodaton lnc. 62aa D.Itury BL\I) N.Fbq FL ?YPE OF UTI,ITY SYSTE T: PoIABIE wATEn CERNFICAIION OF CONTRIAUTORY ASSETS - COUNTY-WATER Vrdsbtt Colrrt, Cf,t nhca C8nla Sa.Jon 35, Torlirrhlp 1E Soar0t, Renla 2S E{rt SoR rl roPE Cl|tlg soR !l loP€ w TERUi|E 3q ,t{ CloO PVC V\AIEruNE DO O€GEE BE'JO GATE VIIVE EA t LF EA EA 60 60 l2 2 I 16'r 6' 5- 0. I'lZ00t .!all26 t250.@ t!2o.@ $.r20,@ lr.6{2.t0 tla4.6 laqr,00 l!?0.00 .00 I3.l''J0 CERTIFYNG: I do helDby cadif, Olst O,. of tl6 aHnstaIod rystlrlt quaff'd8r ot Ieplaseol88on ? OF: ST TE (TFLOR'DA } I S!r: @{,XTY OF COI.UER } Dfidd rr0n OF: B6art6laG ,890 saf,.n, Avrfit ett pl-. FL J4.109 nn.td{lolng lrr.trri'rt rr! llgriad rnd acjqtorl€dlrd t {or! m thb .t8 dty o, Fabnarr, ZOfa b,Dadrt XrrtG rho Ir Frtdrally lnwn to nE .n.t rlro dtd h.a bt ln o.th. 8t,."-4 SEATj end an oBR L tut6trB.D w@|Ir,ssrr EE6.a. a(AFES:tlon rbti e.20ta lo&a rh! llE, A6lr LhddrEr VANDERBILT COMMUNITY ASSOCIATION, INC. BOARD RESOLUTION ACCEPTING CONVEYANCE OF PUBLIC FIRE LINES WHEREAS, on or around January 20, 2014, Vanderbilt Community Association, Inc. (the "Association"), conveyed to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as the Ex -Officio Governing Board of the Collier County Water -Sewer District (hereinafter "County") certain utility facilities and/or systems, or portions thereof, WHEREAS, the County acquired its interest to the utility system(s) or portions thereof by that certain Utility Facilities Warranty Deed and Bill of Sale recorded at Official Records Book 5278, Page 512, Public Records of Collier County, Florida; WHEREAS, it has come the to the Association's attention that the Warranty Deed and Bill of Sale recorded at Official Records Book 5278, Page 512, Public Records of Collier County, Florida erroneously conveyed all fire lines to the County; WHEREAS, it is the parties' intent to correct the erroneous conveyance, and to have all fire lines contained in Official Records Book 5278, Page 512, of the Public Records of Collier County, Florida conveyed back to the Association; WHEREAS, pursuant to Article XII of the Articles of Incorporation of the Association, the Association has all power and authority granted to it by the Florida Not for Profit Corporation Act, Chapter 617, Florida Statutes; and WHEREAS, the Association has the authority to acquire and purchase real property pursuant to the authority contained within Section 617.0302, Florida Statutes. NOW THEREFORE, it is resolved as follows: 1. The Association agrees to accept the conveyance of all fire lines contained in Official Records Book 5278, Page 512, of the Public Records of Collier County, Florida. 2. The Board of Directors hereby authorizes President Paul Giacobbe to execute any and all documents, including the Bill of Sale, required to complete the transaction and to accept conveyance of the fire lines contained in Official Records Book 5278, Page 512, of the Public Records of Collier County, Florida. —c This Resolution was adopted by the Board of Directors on the V S day of JV � 2017, and is effective upon adoption. Page 1 of 2 There are S total Board members. The number of Board members who voted in favor of this Resolution is 5. The number of Board members who did not vote is 0. The number of Board members who voted against this Resolution is © . The vote of each Director is reflected in the minutes of the meeting at which this Resolution was adopted. ACTIVE: 98264231 VANDERBILT COMMUNITY ASSOCIATION, INC. t . 7 �� ,Y ✓lr BYL Paul Giacobbe, President Date: (CORPORATE SEAL) -2of2-