Agenda 10/13/2015 Item #16A18n
10/13/2015 16.A.18.
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 North Naples Golf Range, Inc., in order to
reconvey to North Naples Golf Range, Inc., all wastewater utility facilities associated with the
development project at North Naples Research and Technology Park Storage Suites,
P1,20140000267, which was previously erroneously conveyed to the County.
OBJECTIVE: To correct the erroneous conveyance of wastewater utility facilities to the
County for the North Naples Research and Technology Park Storage Suites development
projects.
CONSIDERATIONS: The Utility Facilities Warranty Deed and Bill of Sale from North Naples
Golf Range, Inc., recorded on July 10th 2015 at Official Records Book 5173, page 2145
conveyed potable water, and wastewater utility facilities located within Lot 2, North Naples
Research and Technology Park (Plat Book 41, Pages 48 through 50 of the Public Records of
Collier County, Florida) to the Board of County Commissioners (Board) of Collier County,
Florida.
This conveyance document was 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 North Naples Golf Range, Inc., requesting the Board's final approval
and acceptance of these utility facilities, the Engineering and Natural Resources Division
determined that the wastewater utility facilities should not have been conveyed to the County
because the only utilities to convey are potable water. Therefore, the attached Quit -Claim Deed
will reconvey the County's interest in these wastewater utility facilities back to North Naples
Golf Range, Inc., and allow the potable water utility facilities for the project to go forward to the
Board for final approval and acceptance at a later public hearing.
North Naples Golf Range, Inc., is aware of the error and has agreed to accept reconveyance of
these wastewater utility facilities.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
specific growth management impact.
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 Utility Facilities
Quit -Claim Deed and Bill of Sale between Collier County and North Naples Golf Range, Inc., in
order to reconvey to North Naples Golf Range, Inc., all wastewater utility facilities associated
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with the development project at North Naples Research and Technology Park Storage Suites,
PL20140000267, which was previously erroneously conveyed to the County.
Prepared by: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources
Division, Growth Management Department
Attachments: 1) Proposed Utility Facilities Quit -Claim Deed and Bill of Sale, 2) Original Utility
Facilities Warranty Deed and Bill of Sale
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
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 North Naples Golf
Range, Inc., in order to reconvey to North Naples Golf Range, Inc., all wastewater utility
facilities associated with the development project at North Naples Research and Technology
Park Storage Suites, PL20140000267, which was previously erroneously conveyed to the
County.
Meeting Date: 10/13/2015
Prepared By
Name: AlvarezMelissa
Title: Operations Coordinator, Growth Management Department
9/10/2015 9:10:01 AM
Submitted by
Title: Operations Coordinator, Growth Management Department
Name: AlvarezMelissa
9/10/2015 9:10:02 AM
Approved By
Name: Steve Messner
Title: Division Director - Water, Public Utilities Department
Date: 9/10/2015 9:42:18 AM
Name: KovenskyKenneth
Title: Division Director - Operations Support, Growth Management Department
Date: 9/10/2015 12:34:36 PM
Name: NagySteve
Title: Manager - Wastewater Collection, Public Utilities Department
Date: 9/10/2015 12:43:37 PM
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Name: McKennaJack
Title: Manager - Engineering Review Services, Growth Management Department
Date: 9/11/2015 2:42:38 PM
Name: JohnssenBeth
Title: Division Director - Wastewater, Public Utilities Department
Date: 9/11/2015 3:31:40 PM
Name: LorenzWilliam
Title: Division Director - CDES Engineering Svc, Growth Management Department
Date: 9/11/2015 5:01:08 PM
Name: Pam Libby
Title: Manager - Distribution, Public Utilities Department
Date: 9/14/2015 10:09:41 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/14/2015 4:37:50 PM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 9/15/2015 11:38:00 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/16/2015 10:18:07 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 9/22/2015 10:1 l :12 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/23/2015 10:14:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:51:40 AM
Name: Casa] anguidaNi ck
Title: Deputy County Manager, County Managers Office
Date: 9/27/2015 8:02:35 AM
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This instrument prepared by and after
recording return to:
Leo J. Salvatori, Esq.
Salvatori, Wood, Buckel, Carmichael & Lottes
9132 Strada Place, Fourth Floor
Naples, FL 34108 -2683
UTILITY FACILITIES QUiT -CLAIM DEED AND BILL OF SALE
THIS INDENTURE made this day of 2015, between 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 referred to as "Grantor"), and NORTH
NAPLES GOLF RANGE, INC., as Trustee of the SJG Land Trust Agreement dated May 29,
1997, with full power and authority to protect, conserve, sell, lease, encumber or otherwise
manage or dispose of the property described herein, whose address is 15 8th Street, Unit A,
Bonita Springs, Florida 34134 (hereinafter referred to as "Grantee ").
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors and assigns.)
WiTNESSETH:
That Grantor, for and in consideration of the sum of Ten 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 unto said Grantee forever, all
wastewater utility facilities and /or systems) or portion(s) thereof lying in, on, over and under the
following described land, all situate and lying and being in Collier County, Florida, to wit:
All wastewater utility facility lying within the property described in the attached
Exhibit "A ", and depicted in Exhibit "B ".
and said Grantor does hereby remise, release, and quitclaim unto Grantee all the right, title,
claim and demand which Grantor has in and to the said wastewater utility facilities andlor
system(s) or portion(s) thereof. Grantor and Grantee are used for singular or plural, as the
context allows.
The purpose of this quit -claim deed and bill of sale is to convey back to Grantee all wastewater
utility facilities contained in Official Records Book 5173, Page 2145, Public Records of Collier
County, Florida.
Prolaw: 13477862
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iN WIT NESS WHEREOF, the said Grantor has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman or Vice of said Board, the
date and year aforesaid.
ATTEST: GRANTOR:
Dwight E. Brock, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
an
Tim Nance, Chairman
Approved as to form and legality:
Scott A. Stone 9 A
Assistant County Attorney
2
Prolaw: 13477862
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EXHIBIT "A"
(Legal Description)
Lot 2, NORTH NAPLES RESEARCH AND TECHNOLOGY PARK, according to
the plat thereof recorded in Plat Book 41, Pages 48 -50, inclusive, of the Public
Records of Collier County, Florida.
3
Prolaw; 13477862
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Form 8 - Rev, 2004 (Utility Facilities Warrant,-* Deed and Bill of Sale)
UTILITY FACILITIES W.kRRAINTY DEED AND BILL OF SALE
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THIS INDENTURE made this ' T k day of February, 2014, between
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NORTH. NAPLES GOLF RANGE, INC., a Florida corporation, as TRUSTEE OF THE SJG
LAND TRUST AGREEMENT DATED MAY 29, 1997 (hereinafter referred to as "Grantor"),
and 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, its
successors and assigns, (hereinafter referred to as "Grantee").
WITNESSETH:
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 hand paid by said Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs,
successors and assigns forever, all potable water and wastewater utility facilities and/or
system(s) or portion(s) thereof lying in, on, over and under the following described land, for
operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or
ponion(s) thereof, all situate and lying and being in Collier County, Florida, to wit:
SEE EXHIBIT "A"
and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or
portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title
against all claims of all persons whomsoever. For the purposes of this conveyance, the utility
facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey
any of the lands described in either exhibit. Grantor and Grantee are used for singular or
plural, as context allows. A sketch or other graphic representation showing the location of the
utility facilities, etc., being conveyed is attached as Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of
41
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constructing, relocating, operkrft g, repairing and/or othenvise maintainiit utility I I
thereon. Grantor and Grantee are used for singular or plural, as the context requires,
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
Signed, i�dale d delivered
The
'a ese
of:
sue, A PrInNa
me Below)
Wass #2 (Print Name Below)
STATE OF FLORIDA
COUNTY OF COLLIER
(Corporate Seal)
NORTH NAPLES GOLF RANGE, LLC,
a Florida corporation, as TRUSTEE OF
THE SJG LAND TRUST AGREEMENT
DATED MAY 29, 1997
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The foregoing instrument was acknowledged before me this day of February,
2014, by JAMES M. GOLDIE, as President of NORTH NAPLES GOLF RANGE,
INC., a Florida corporation, as TRUSTEE OF THE SJG LAND TRUST
AGREEMEI�rl`TATED MAY 29, 1997, and who 91-s personally known to me, or F1
nroduc Z as identification.
NMARY PUBLW [NOTARY SEAL] --------
LEO J. SALVATOR
PLEASE PRINT OR TYPE NAME OF NOTARY MIN COMMISSION 0 EE 634441
EXPIRES: November 28, 2016
My Commission Expires: 8wdW I htu Nowy Pubhc Unlerwritefs
Prepared by: Leo J. Salvatori, Esq.
Salvatori, Wood, Buckel, Carmichael &Lottes
9132 Strada Place, Fourth Floor
Naples, Florida 34
0112005
42
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EXHIBIT "A"
(Legal Description)
Lot 2, NORTH NAPLES RESEARCH AND TECHNOLOGY PARK, according to the
plat thereof recorded in Plat Book 41, Pages 48 -50, inclusive, of the Public Records of
Collier County, Florida.
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CERTIFICATIOITOF CONTRIBUTORY COSTS (WATER)
PROJECT NAME: NORTH NAPLES RESEARCH AND TECHNOLOGY
PARK STORAGE SUITES
LOCATION: Section 10 Township 48S Range 25 E
Collier County, Florida
NAME & ADDRESS OF OWNER: NORTH NAPLES GOLF RANGE, INC.
15 8TH STREET, SUITE A
BONITA SPRINGS, FL 34134
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
Item Size Quantity Units Cost Total
Tapping Saddle and Valve 10" x 6" 1 EA $3,561.87 $3,561.87
TOTAL COST $3.
I do hereby certify that the quantities of material described above are true and an accurate representation
of the as- installed system.
CERTIFYING:
NAME & TITLE OF ENGINEER CERTIFYING
OF:
JEPPESEN ENGINEERING CORP
PO Box 271168
Littleton, CO 80127
I do hereby certify that the quantities of material described above are true and an accurate representation
of the as- installed cost of the system.
CERTIFYING:
Keviet ct'ensen, Pre. ont
OF:
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
JENSEN UNDERGROUND UTILITIES, INC.
5585 Taylor Road
Naples, Florida 34109
The foregoing instrument was signed and acknowledged before me this 5th day of February, 2014 by
Kevin Jesnen , who is personally known to me and who did not take an oath.
Z:\Excel—Doc\Tim\VOFC\Collier Gounty\North Naples Storage - County.xls
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SEAL:
DONNA L. `.?ENTRE
°.�
�i\\•, Notaty Public - State of Florida
T My Comm, Expires Jun 1, 2015
commission # EE 9.'879