Agenda 01/13/2015 Item #16A26 1/13/2015 16.A.26.
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL20140001157, to quitclaim and release the County's
interest in the 30-foot strip of land described as an easement for public right-of-way as recorded in
Official Record Book 160, Page 197 of the Public Records of Collier County, Florida, located in
Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more specifically
shown in Exhibit A.
OBJECTIVE: To quitclaim and release the County's interest in the 30-foot strip of land
described as an easement for public right-of-way as recorded in Official Record Book 160, Page
197 of the Public Records of Collier County, Florida, located in Section 25, township 48 South,
Range 26 East,Collier County,Florida,being more specifically shown in Exhibit A.
CONSIDERATIONS: Petition VAC-PL20140001157 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Richard D. Yovanovich,
Esq. of Coleman, Yovanovich & Koester, P.A., as agent for the property owner to request the
County quitclaim and release the 30-foot strip of land described as an easement for public right-
of-way as recorded in Official Record Book 160, Page 197 of the Publics Records of Collier
County, Florida, located in Section 25, Township 48 South, Range 26 East, Collier County,
Florida.
This 30-foot "easement" is referenced in deed language stating that the deeded property is
"subject to an easement for public road right-of-way over and across the South 30 feet thereof."
Title insurance companies will not insure these types of easements as legal access; however, the
reservation creates a cloud on title to the deeded property. This 30-foot strip of land currently
provides no public benefit, and is not necessary for nearby properties to gain access to a public
road. There is no indication or evidence that this property had been used for access. The property
owner intends to develop the land encumbered by this purported easement, and claims that the
purported easement is not needed to provide access to the property. The cloud on title created by
the purported easement unnecessarily impacts the development plan for the property. The
development of the property will increase the County's tax base,among other public benefits.
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.
The Development Review Department has reviewed this petition and found no reason for
objection.
FISCAL IMPACT: Growth Management Division, Development Review Department staff has
collected a$2,100 "Petition to Vacate" fee from the petitioner which covers the County's cost of
^, recording and processing the Petition.
Packet Page-648-
1/13/2015 16.A.26.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact plan
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: That the Board of County Commissioners; 1) Approves the attached
quitclaim deed, relating to Petition VAC-PL20140001157, which will quitclaim and release the
County's interest in the 30-foot strip of land described as an easement for public right-of-way as
recorded in Official Record Book 160, Page 197 of the Public Records of Collier County,
Florida, located in Section 25,Township 48 South,Range 26 East, Collier County,Florida,being
more specifically shown in Exhibit A, and 2)Directs the Clerk to the Board 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
Department,Growth Management Division
Attachments: 1)Quitclaim Deed and 2)Location-Site Map
, •'•
Packet Page-649-
1/13/2015 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26.
Item Summary: Recommendation to approve Petition VAC-PL20140001157,to quitclaim and
release the County's interest in the 30-foot strip of land described as an easement for public right-of-way
as recorded in Official Record Book 160,Page 197 of the Public Records of Collier County,Florida,
located in Section 25,Township 48 South,Range 26 East, Collier County,Florida,being more
specifically shown in Exhibit A.
Meeting Date: 1/13/2015
Prepared By
Name: MarcusBerman
Title: County Surveyor,Natural Resources
Approved By
Name: puig j
Title: Operations Analyst,Community Development&Environmental Services
Date: 12/17/2014 04:52:06 PM
Name: houldsworth_j
Title: Site Plans Reviewer, Senior,Natural Resources
Date: 12/18/2014 07:55:26 AM
Name: lorenz_w
Title:Director-CDES Engineering Services,Natural Resources
Date: 12/18/2014 09:37:35 AM
Name: lorenz_w
Title: Director-CDES Engineering Services,Natural Resources
Date: 12/19/2014 07:51:24 AM
Name: kurtzg
Title: Project Manager,Principal,Transportation Road Maintenance
Date: 12/22/2014 12:24:40 PM
Name: marcellajeanne
Title: Executive Secretary, Transportation Planning
Date: 12/29/2014 08:37:36 AM
Packet Page-650-
1/13/2015 16.A.26.
Name: scottstone
Title:Assistant County Attorney,CAO Land Use/Transportation
Date: 12/30/2014 09:24:19 AM
Name: markisackson
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 12/30/2014 11:08:30 AM
Name: EdFinn
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 12/31/2014 10:42:35 AM
Name: klatzkowjeff
Title: County Attorney,
Date: 01/06/2015 09:32:14 AM
Name: durham_t
Title: Executive Manager of Corp Business Ops,
Date: 01/06/2015 10:05:10 AM
Packet Page-651-
1/13/2015 16.A.26.
Prepared by without opinion as to title and return to:
Richard D. Yovanovich,Esq.
Coleman,Yovanovich&Koester,P.A.
4001 Tamiami Trail N.,#300
Naples,FL 34103
239-435-3535
File Number: 4740.001
[Space Above This Line For Recording Data]
Quit Claim Deed
This Quit Claim Deed made this day of , 2015 between Board of County Commissioners of Collier
County, Florida whose post office address is 3299 Tamiami Trail East, Naples, Florida 34112 ("grantor"), and WCI
Communities,LLC, a Delaware limited liability company whose post office address is 24301 Walden Center Drive, Bonita
Springs,Florida 34134 ("grantee");
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
•
Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim to the said grantee,and grantee's heirs and assigns forever, all the right,title, interest,
claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County,
/—"`• Florida to-wit:
The South thirty feet of the East half of the Southwest quarter of the Northeast quarter of
Section 25, Township 48 South,Range 26 East, Collier County, Florida.
Parcel Identification Number: 00190640008
Subject to: (a)ad valorem real property taxes for the year 2014 and subsequent years; (b)zoning, building
code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral
interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if
any.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining,and all the estate, right,title, interest, lien,equity and claim whatsoever of grantors, either in law or equity, for
the use,benefit and profit of the said grantee forever.
Packet Page -652-
1/13/2015 16.A.26.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
BY:
BY: ,Chairman
Deputy Clerk
Approved as to form and legality:
, t2 ft(a/ry
Scott A.Stone
Assistant County Attorney
Quit Claim Deed-Page 2
Packet Page -653-
1/13/2015 16.A.26.
OMa•s3Nld Vsn7 V\s3Nrd Vsmeo\fr1OZ 13nd175 1D3roddlA3ndns\:9
i ' J Z d' co
cn V z N Z `- i eL U
ui
N N U y J Q
Q O O N co 7 t7 0.
N MO M < < O J
x o
..r=— —r,�C fn fD W O - I cL)•- Z Y O
co F.__ Z M H o U O cnn O LL rn
CO° r�+ Cl N
Z m <V N N Z I
—) Z N T �o 00 v 1
O W d W CO
WO Lo �V'
W J Z p W O
z ___ SZ NOIIO3S J0 3NI1 1543 __ CO
J __ N
- - ¢ W
° z
I I--Ow I 11-W Z¢<
I = 0Q -
1 1 I p 0 N =Q -0 1-- b 40 1-
- - I U D\ �v z
� ` o Q EtW Z
O
N�
U I F- m fn H
O¢ 3 w w
\ I I cnwv) zn I CO OO zoo
d l oIN W Oz J=0
�r O co W
Z vVi •,+.g J� ZW
Eo \N U O ww Z m(W OJ
¢ - 1 zcn LL,
dQ I-�
Lo �\�\ UO OZ i I = p W N
\2\ - - ° ¢ O
w
- - W 1--
\N\ Z I J 0
w
\ W
o� I I CO
v
�\ n �eo
co
`W t � - yLl � a o� M=\ m m b U o
/ et
w W
m00) y F N
\O\ 0 Cr N 11 ui ¢m
w N
O _
'a'\ \ W Z a
c0
in
A G J a n_ o Z IX Z� p G I- 0 O\•3\ U H n
N Li U Z r- G m
A O -a-w
V fi w U w C R 4
L
\~\ Z Z O ru a]
w J V •
\ \ o p
\�\ : O =
lil▪ \ O ~ O Q m O wUa,Z a ~Z00� L
\ \ L W ~ 0 _ o^2 W
o
SW
l+- W d d O -
y-\ O CL N w cC oi; w o=off y c
ij\1� d o
`�\
L,.. WOww g w ¢De0 ' ro
Q f U L L:
- W ¢�`nWZZ0cn Z¢°� "' > Oa In Oo
z Lf) 1\ to W I < to D WM�jLLivi- w >'p ?
0
cc
w z w Min 4 ••
CID
° in v z P w -vi ¢
W \ c O �n Q W w o z n Z�°om ��
O g>- ° = � � O d N 1/) G cZn ""1 m
z .--i W a� r, t5 w F- W O 0 8 0 0 �J O OU a v
� U w w U w Z w
II wow (n W° a woo g j mg 05 N5 ✓
\ moz LU I.. Ezmr = fir -
O_ w ari OOH N cn
O•--4 O� ❑ Fw- Z 1- (7) < zz N t,� L: Oi
\\ ¢WU x p N T 6 3ZO`7SO p `t P ., M
x F-p ="Z F- xzU. 0 O w O W CJ LO N
\� �fsj > zo IL, F-o wdo� ` TJ « Lo =5 F)'-1 � g
�Q 3w LL =1- N1- p F- OW O NFQ-o��Z~ny� (ZZnK y •' S'"rs
Z, I U Z ¢ L11 F- fn _ Z O N¢ O � -, R 0 w 00 w Z O w 0 Z = M
cn c_o=x w�vm dr 0 g� sod ' � : �j B
ro xOwZwOw o ��.; Y _; 5
� F-rncnrnnrrw Z csi rri
Packet Page-654-
1/13/2015 16.A.26.
W W
Z Z
W w
o 0 O
0
Z Q
X W wU LLJ U U7 L.I. r fli
O
O O
W 41
2 W E,
2 5 W H
Lb \ - = M a
J n
z Z Z W m
W W N
Ii la. F to .�'
O O UN
w l Ti
\ N o
\ J v Ti
§'
S 3 = O I� C m a
Z N N r eUD
a
In °
.-1 z
La IL
c u
O O p, o
n� m
O z o
O a
~
3lVOS Ol l0N n"'
o co c �
■�N-I ca
�=r
i I
. �z.0 0 0 m t
<4 r L
y UO N
3 mm _z cd
n 0. UWW0.N m
�'> 6 ? b
W -5
0 y
y D
L . W 0
m m 0
_ w ti 5 z P W C7
W Z J O
Lu
! V
g p5 w -�- i
615 W Z F /
,t env a 7i Z. rc rJ— 1 i%i w 5 ry 6 E E
J a a
L W )' FW I4 d C 1
z _,8 5 NCI
PT 3 OeIVA311109 612M00 lSS'ap E'
"MA 337LL1 I I I I I I H
Packet Page-655-