Agenda 04/28/2015 Item #16A 2 4/28/2015 16.A.2.
EXECUTIVE SUMMARY
Recommendation to quitclaim to Jeff Dami and Calixto Montenegro and World Strategic Alliances
(WSA), LLC, a Florida limited liability company, a 30 foot strip of property that was originally
quitclaimed to Collier County for road right-of-way by predecessor in title. (Fiscal Impact: $0)
OBJECTIVE: To obtain the Board of County Commissioners' (Board) approval to quitclaim a
30 foot strip of land to Jeff Dami and Calixto Montenegro and World Strategic Alliances (WSA),
LLC, a Florida limited liability company,the property owners of the subject property.
CONSIDERATIONS: The subject property is approximately 30 feet wide and 165 feet in
length, and is located at the north end of Lakeland Avenue. The property is described as the W
'/2 of the N '/2 of the SW 1/4 of the SE 1/4 of the NW 1/4 of the NE '/4 of Section 24, Township 48,
Range 25, less the West 30 feet. It is this "West 30 feet"that the owner is requesting the County
quitclaim to him so that it may be incorporated into the property.
On February 18, 2015, a letter was received from Calixto Montenegro, property owner,
requesting that the County quitclaim said 30 foot wide strip of land. Research was conducted
into the history of this parcel and a former private road project which was referred to as the
Lakeland Avenue Extension. The following is a brief synopsis of the past events concerning this
parcel and the above-referenced project.
In 1984, a group of property owners living in the area informally known as "Armadillo Estates"
petitioned the Board to pave an extension of Lakeland Avenue. The owners were proposing to
form a six-member assessment district and four of them quitclaimed portions of their properties
to the County to allow for construction of a road. However, two of the six owners refused to join
the assessment district or to convey any of their land to the County. Eventually, the four owners
who wanted a paved road pooled their funds and constructed a driveway in front of their
properties.
Eleven years later, in 1995, several of the owners filed a petition (No. AV-95-016) asking the
County to vacate the right-of-way and return the land to them. At the October 24, 1995 BCC
meeting, Item No.12C6, one of the owners cited Florida Statutes, Chapter 255.22, as legal
justification for the County to return the owners' property. This statute, "Reconveyance of
Lands Not Used for Purpose Specified," states that if a property owner conveys land to a county
or municipality without receipt of valuable consideration, and the governmental entity fails to
use the land for its specified purpose within a period of 60 consecutive months (or fails to
identify the proposed use of such property in a comprehensive plan or other public facilities
plan), then upon written demand of the grantor, or the grantor's successors in title owning such
adjoining land, the County or municipality may execute and deliver a quitclaim deed to the party
making such demand.
At the conclusion of the presentation of BCC Agenda Item No.12C6, the Board voted
unanimously to quitclaim each of the 30 foot right-of-way strips back to the property owners, but
reserve the right of utility access over each one. In searching through the Collier County public
records, it appears the 30 ft. strip in question was never deeded back by the County. That is the
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4/28/2015 16.A.2.
reason that Mr. Jeff Dami and Mr. Calixto Montenegro, World Strategic Alliances (WSA), LLC,
a Florida limited liability company are requesting the conveyance at this time. The Utilities
department has requested that utility easement be reserved for possible future use. Staff
recommends that a drainage easement also be reserved in case it is needed for the future.
FISCAL IMPACT: There is no fiscal impact to the County associated with this
recommendation. Property owner is paying the recording fee for the quitclaim deed in the
amount of$10.70. There is no maintenance cost associated with this property.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval -HFAC
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve this recommendation and authorize its Chairman to execute the attached Quitclaim
Deed on behalf of the Board, reserving unto the County a drainage and utility easement over,
under, upon and across the subject property;
2. Authorize the County Manager or his designee to deliver said Quitclaim Deed to Mr. Jeff
Dami and Mr. Calixto Montengo and World Strategic Alliances (WSA), LLC, a Florida
limited liability company.
Prepared by: Sonja Stephenson, GMD Transportation Engineering,Property Acquisition Specialist
Attachments: (1) Quitclaim Deed; (2) Property Location Map; (3) Florida Statute 255.22; and
(4) Prior Quitclaim Deed to Collier County.
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4/28/2015 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to quitclaim to Jeff Dami and Calixto Montenegro and
World Strategic Alliances (WSA), LLC, a Florida limited liability company, a 30 foot strip of
property that was originally quitclaimed to Collier County for road right-of-way by predecessor
in title. (Fiscal Impact: $0)
Meeting Date: 4/28/2015
Prepared By
Name: StephensonSonj a
Title: Property Acquisition Specialist,Transportation Engineering&Construction Management
3/12/2015 2:08:52 PM
Submitted by
Title: Property Acquisition Specialist,Transportation Engineering&Construction Management
Name: StephensonSonja
3/12/2015 2:08:53 PM
Approved By
Name: BoschRobert
Title: Operations Analyst, Senior, Transportation Engineering&Construction Management
Date: 3/19/2015 11:25:59 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 3/20/2015 1:13:56 PM
Name: ShueGene
Title: Division Director-Operations Support, Transportation Administration
Date: 3/20/2015 1:46:19 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 3/20/2015 2:31:30 PM
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4/28/2015 16.A.2.
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 3/25/2015 7:48:54 AM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 4/7/2015 1:58:34 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 4/8/2015 7:51:26 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 4/8/2015 4:32:43 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2015 8:30:31 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 4/15/2015 8:38:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2015 1:34:55 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/16/2015 8:44:16 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/16/2015 9:12:29 AM
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4/28/2015 16.A.2.
PROJECT: #99999 (MISCELLANEOUS)
PARCEL: 331
FOLIO: 00165402006
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this day of , 2015, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred as "Grantor"), to JEFF DAMI, as to a 50%
interest, and CALIXTO MONTENEGRO and WORLD STRATEGIC ALLIANCES
(WSA), LLC, a Florida limited liability company, as to a 50% interest, whose mailing
address is 175 Wickliffe Drive, Naples, FL 34110 (hereinafter referred as"Grantees"):
(Wherever used herein the terms "Grantor" and "Grantees" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns.
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantees, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto said Grantees forever,
all the right, title, interest, claim and demand which was conveyed to Grantor via
quitclaim deed on April 7, 1984, in Official Records Book 1076, Page 636, of the Public
Records of Collier County, in and to the following described lot, piece or parcel of land
situate, lying and being in Collier County, Florida, to wit(the"PROPERTY"):
THE WESTERLY 30 FEET OF A PARCEL OF LAND HEREINAFTER DESCRIBED AS
THE WEST ONE HALF (W 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE
SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR
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 said Grantor, provided however that GRANTOR retains
unto itself a perpetual, non-exclusive drainage and utility easement over, under, upon
and across the Property with license and privilege to enter upon, and to install and
maintain utility facilities. Subject to easements, restrictions and reservations of record.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
•
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY.
Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form and
legal sufficiency:
P'
Assistant County Attorney
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4/28/2015 16.A.2.
Location Map
Misc. 99999 — Parcel 331
Jeff Dami and Calixto Montenegro/WSA
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Statutes & Constitution :View Statutes : Online Sunshine 4/28/2015 16.A.2.
Select Year: 2014 ■ Go
The 2014 Florida Statutes
Title VIII Chapter 255 View Entire
PUBLIC LANDS AND PUBLIC PROPERTY AND PUBLICLY OWNED Chapter
PROPERTY BUILDINGS
255.22 Reconveyance of lands not used for purpose specified.—
(1) In the event any party owning adjoining land conveys real property, without receipt of valuable
consideration, to any municipality or county for a specific purpose or use and if such county or
municipality fails to use such property for such purpose for a period of 60 consecutive months or, with
respect to property conveyed on or after October 1, 1984, faits to use such property for such purpose for
a period of 60 consecutive months or identify during the 60-month period the proposed use of such
property in a comprehensive plan or other public facilities plan, then, upon written demand of the
grantor, or grantor's successors in title owning such adjoining land, the municipality or county may
execute and deliver a quitclaim deed to the party making such demand provided such party is the owner
of land adjoining such property on at least one side. No such quitclaim deed shalt be delivered
hereunder unless the specific purpose or use to be made of the property was disclosed to the grantee at
the time of delivery of the conveyance or appeared in the conveyance or in an official record of the
county; provided, however, that as to any such conveyance after July 1, 1967, the specific purpose or
use must appear of record.
(2) In the event the purpose for which the property was conveyed required physical improvement or
construction on such property or the maintenance thereof, any such municipality or county that fails to
construct, improve, or maintain such property for the period specified in subsection (1) shalt be
conclusively deemed to have abandoned the property for the purpose for which it was conveyed, unless,
with respect to property conveyed on or after October 1, 1984, the proposed use of such property has
been identified in a comprehensive plan or other public facilities plan of the municipality or county
during the 60-month period specified in subsection (1).
History.—ss. 1, 2, ch. 67-383; ss. 1,2, 3, ch. 84-366;s. 42,ch. 93-164; s. 3,ch. 94-175;s. 3, ch. 95-297; s. 16, ch. 95-310.
Note.—Consolidation of s. 255.22 and former s. 255.23.
Copyright 1995-2015 The Florida Legislature • Privacy Statement • Contact Us
http://www.leg.state.fl.us/Statutesrindex.cfnPa c$Yt Page 7551)lay_Statute&Search_String... 3/11/2015
` 00866406 1904 APR I1 AN 8. 28001076 4/28/2015 16.A.2.
GOUEf COUNTY RECORDED OR BOOK PAGE
Tax arcel: 101
Project: Ext. of Lakeland Ave. Paving Agent. Dist. '
.z-4c) Minutes: 11/18/80 M.B. 57 PC. 365
• THIS QUIT—CLAIM DEED, Executed this 7 t. day of ./t1h-C_Y , A.D. 19 by
by
Ellwood H. Witt, Sr. and Elsie C. Witt, husband and wife first party, to Collier County, a
political subdivision of the State of Florida, whose postoffice address is Collier County.
Government Complex, Naples, Florida 33962-4994, second party. (Wherever used herein the
terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individual, and the successors and assigns of
corporations, wherever the context so admits or requires).
i
WITNESSETH, That the said first party, for and in consideration of the sum of $1.00,
in hand paid by the said second party, the receipt whereof is hereby acknowledged, does
hereby remise, release and quit—claim unto the said second party forever, all the right,
title, interest, claim and demand which the said first party has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Collier.
State of Florida, to wit:
The Westerly 30 feet of a parcel of land hereinafter described: The West Xi of the South 4
of the Southeast 14 of the Northwest 14 of the Northeast 14 of Section 24, Township 48 South,
Range 25 East, Collier County, Florida.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances there-
unto belonging or in anywise appe� "anQ� a U the estate, right, title, interest,
lien, equity and claim whataoever,,of,.th d fi_tst a , either in law or equity, to the
only proper use, benefit and beho f £ ai coal a_ forever.
IN WITNESS WHEREOF, Thef i iirst party has signea,aaa.asealed these presents the day
and year first above written. N.
Signed, sealed and de (vered�,in ¢�ce of: -`
�yl vx.1/1___1• .. "1 .'. . ,- , \
�Witnea s ) 1..1 I 1 � ?Ai C./ ,e -4/'d`� F 4 �" , ��� L.S.
Witness . ti '. �"�-., E'13woo H. Witty SF.:‘,..t
Witness •`. f
(/`97.-'' - 1-9 0 (7) \ r",.,' 0•'.1 ,.,'
L ( b GC L.S.r
Witness ` ,f� ^ Elsie C� iC`t �,r"
STATE OF FLORIDA "‘< -- 1 ';
COUNTY OF COLLIER
. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
• aforesaid and in the County aforesaid to take acknowledgements, personally appeared
Ellwood H. Witt, Sr. and Elsie C. Witt, husband and wife, to ie known to be the person(s)
described in and who executed the foregoing instrument and av a acknowledged before
me that they executed the same. t/ day
WITNESS my hand and official seal in the County and State last aforesaid this h fF°f �?,,4� A.D. 192 . `
L!i.t.tAJ £G�!Q-C--IX
c otary Public
Received $ ' StP Tax ;
j ,, Documentary
C3` Collier County,Florida ,,,_
Will m).Reagan, Clerk Notary Public, State of Florida..'..i.
I /p.c. M1tY foloaoi::'' Expires Feb.20,1486
r Pred
Keeparnneth B.by:Cuyier, Esq,.
Office of the Count
1 Y Attorney Roo:mood awl ypgy
Collier Ceurtty, In OWCI01 Rncn.u,y
Florida MIMEO COUNTY FI CAMS
',MO NA I.REAGAN /��'t. ,'•h
Clerk of Clwlf CaM !"r' I .,;
`_ Packet Page -756- t