Loading...
Agenda 09/22/2015 Item #16A23 9/22/2015 16.A.23. EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL20150001563, to quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County,Florida. OBJECTIVE: To quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20150001563 has been received by the Development Review Division, Growth Management Department 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 a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida. This 30-foot "easement" is referenced in deed language stating that the deeded property is subject to a "reservation of a right-of-way easement for all the usual purposes of ingress and egress in and under the south 30 feet of the above described premises." 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 there is no indication or evidence that this property been used for public access. The development of the property will increase the County's tax base, among other public benefits, and will allow for the efficient use of the property which is currently being utilized as a nursery. 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 Division has reviewed this petition and found no reason for objection. FISCAL IMPACT: The Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. Packet Page -1026- 9/22/2015 16.A.23. 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-PL20150001563, which will quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida, being more specifically shown in Exhibit A, and 2) Directs the Clerk of Courts 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 Division, Growth Management Department Attachments: 1) Quitclaim Deed, 2) Location-Site Map and 3) O.R. Book 80,page 247 Packet Page -1027- 9/22/2015 16.A.23. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.23. Item Summary: Recommendation to approve Petition VAC-PL20150001563, to quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida. Meeting Date: 9/22/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Growth Management Department 9/1/2015 11:05:00 AM Submitted by Title: County Surveyor, Growth Management Department Name: BermanMarcus 9/1/2015 11:05:01 AM Approved By Name: Houldsworthiohn Title: Site Plans Reviewer. Senior, Growth Management Department Date: 9/3/2015 9:50:14 AM Name: McLeanMatthew Title: Project Manager,Principal, Growth Management Department Date: 9/3/2015 10:02:29 AM Name: FrenchJames Title: Deputy Department Head -GMD, Growth Management Department Date: 9/3/2015 4:48:46 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Packet Page -1028- 9/22/2015 16.A.23. Date: 9/3/2015 5:02:18 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/3/2015 5:03:02 PM Name: ScottTrinity Title: Manager-Planning, Growth Management Department Date: 9/8/2015 1:21:21 PM Name: KurtzGerald Title: Project Manager,Principal, Growth Management Department Date: 9/8/2015 4:32:19 PM Name: WilkisonDavid Title: Department Head-Growth Management Dept, Growth Management Department Date: 9/8/2015 4:54:59 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 9/11/2015 9:31:05 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/11/2015 10:16:16 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/11/2015 2:33:49 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/13/2015 10:34:40 AM Packet Page -1029- 9/22/2015 16.A.23. Prepared by and without opinion of title and return to: Richard D. Yovanovich, Esq. Coleman Yovanovich&Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 239-435-3535 File Number: 5025.001 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this day of 5E T'� 2015 between Board of County Commissioners of Collier Count, Florida whose post office address is 3299 Tamiami trail East, Naples, Florida 34112, ("grantor"), and American Farms, LLC whose post office address is 1484 Keane Ave. S.W.Naples, Florida 34117, ("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 (510.00)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: Legal Description: The South thirty (30) feet of the West % of the Northeast '/4 of the Northeast IA of the Northeast of Section 30, Township 49 South, Range 27 East, Collier County, Florida. Parcel Identification Number: 00334600008 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 Grantor warrants that al the time of this c•om'evarace, the .subject propel-1i is not the Grantor's homestead within the meaning set forth in the constitution a/the state of Florida. nor is it contiguous to or a part o/ homestead property. " 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 -1030- rm. 9/22/2015 16.A.23. 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: Deputy Clerk Tim Nance,Chairman Approved as to form and legality: Scott A. Stone Assistant Assistant County Attorney ii Clain,r,ed- 2 Packet Page -1031- �_ 9/22/2015 16.A.23. 1 I avoa Z3NI a. d Z2 \ 0 Lin w m Q N \ I N N QU m Iloc w — a l d' C avow MWIS I—I W '� u a) °° IH E z (/) a 0 F w w el- \ \ L Z V) F- 7 C © M U -1 v M in w m up CD w o Ls) m v o .—I o c E O C V a �Z N O -)_, o ° °J v O �tiK? a 1.0 31VOS 0110N . w� a2• O �,2z3o r I 7r U t c—�,n oZ l7 yy� ✓ a Q ` w c,cOO'- v� v,v w in ii 4 n.7:J L:�uN K co ax en <r p n w 0 _S Z z >- 9 - - -3 U O 8 �— 0 a a cc tn o � a U i O "k 0 J ce -° 7 ° W N } !�1 cn J <r N h M ^ O v U Z N Q N Cr r 9 a <1 C E- wig U < 1--� 0 4 \ I 14 E 1 g -/ a i 0 I > g6 Q / rre / o w tu m I r 0 F° . r o/ -‘ a W U Z N N U h o ® , r _ 024,A31f10' x31114 0 1.S6•a•0 I / Al cp l I 1-- -0 0 c co 7 E c a Packet Page -1032- PE. 2015 0 Q 0 1 9/22/2015 16.A.23. • . , • ;:,. '.'4'r ;•r'-`.:' " ._ Y.V. fBEST COPY ' 6 r • • OR •89'CACE247 r ,r rSED :Y.,., :fits tNLeisNuvxa taede this Z7thdi Of -July . is61,to lo DGX.Tsai 99 •C*UtPOIA?10N, a Markle Veoiotattno,of Napier,Caw Matt,ty, Florid& party if the tint Hit,mud William Httda,k and Lillian Hudak, his wife whore slime 11 601 Tenth Street, Isortb.r Naples, :loridi ' party of the..er Nd part {aaklarh terra as mad is swat lotus*shall drskte the eiaroter sad%or Mltasl eat the ielasearllae ud.'or(arsine, theater sad Ithe trey the.eoatest is maim or admtta), W1THESBBTIi,that said patty of the drat pert,tot sad 1t eoutderatlea.of the rum au Tem DMus Cd10:00) to ft in baud Paid by Ira Deity it the serial part.teeclst of which le hereby ackaeuNlMaed.grsatad.'hs• 'gamed and sold, sod by these premeds dose gnitr,bectele and mit,to laid petty of thu wesud pert,ids hells and araigttl io wee,the fotolrlap deeeribed list situate, bind said lasing to the CoUlity of tallier aid Elate of Florid* to It The Wes' 'the Northeast 1/4 of the Northeast 1/4 of the Northeast t/a of tisenes 3Q , Township 42 Ewtb, lung.27 Fait, • . TO HAVE AND TO HOLD the was unto said party of t r second .part, his rein aid swwlgnr, fa tee simple Settee'.but, Bt/13J1 NPVERTHELLSS,to the tnllowlegt . 1. Rewvatlen of A rtgbtotway tu.neel for all the u seal purtmere of invitee mot egrets In and Wrier • the, ...2.9.1 ,,.. .., . tea ..OD feet of the above described premises. The erratten aril rata with 'the lend end .hall insure to the benefit and use of We owner/a of said described premixes and to the owners of the coritiguouo lands botdettig gad Manlike aril rightofiriy eaua>fat, 2, Said premises skill not be nerd tar I junk yard,dumping ground or for the scoomutation of garbage • or foul smelling matter or other oeluseer wlileh rosy be detrimental to the comfort,health or"stet: of the inhabitants of the surrounding reumaaity, S. There shell eel h,•removed from said pspatdo°any uuantity of moll,which will lower the uniform grade • of the property, . 4. All oil. Rau, Mineral and other eubrurfete ritkta which are reservers to prior owners, 5. An all, gar Pad mineral Imo dated Jnfy I, lass, from Herron Collier,Jr.,and Wee Colike to iiam- •„ r- rte Oil k Refining Company, recorded. in Deed book 24, fore 365, of the Public!Worth of Collier • f.r u: :1 County, Florida, as amended by agreement toted December Cl, 1262, recorded in Deed Each se, ',•'• Page leg, of the Petite Record" of Collier County. Florida. , "L • 8. All interest* of Barron Collier, Jr., and billet Collier. or either of them. under on aulsnmeat of a 7, 1/48th overriding royally tram Humble Oit A Retailer Company to Rrrron Collier.Jr.end!tiles Col- , •• lief, dud July 21. lest, recorded In Deed Book 22, Vase DO, of the Public Records or collier .Cuuaty, Florida. • •; '. Any',wines!. of record or which an accurste survey or inspection would diselaac,for Public mastics, ' a:.- c. tat railroad rlahts•otwey, e. to the State of Florid. or Collier County tat roads,borrow Or.obtf.lt °s; 14' ,• ditcher, or drainage, 8. Right•at•Maye for conatauiios at roan. trader ads agreement entered tote between Lee Cypres' Coro- pony, Collier Corporation and Humble Oil a Re(falns camping toted August 8, 10te, recorded In Deed Rook 11, Page ea, of the PuWie Raearde of Collier County.Florida,as amended by etrfelnent • • doled November at}, 1145, recorded IS Pied Rook Is, Pitt 4I7, of the Public liererde of Collier County, Florida, ' 2. HIM"of The Glidden Cotporattsa under coatrset dated November 24, 124S, mottle la liboellenouus Soot a, Page 21, of the Peblie Marta of Maier (musty, lta.lda, tawttlag to 'fete attddea Carp- oration the r,gbt to buy deed plat distillate wood. 10. Agreeeuertt catered We between the Collier Corporation and Ike Untied Stites Depertmeet of Agri. culture Parast Service evidenced by Ifemoesoduar of Undeeetandlea between said melee dated Nov. ember 1, 1251. . 11, Agrcrmvnt tilted Juan 12, 12Sd, entered foto between Collier"),i,orseIsn and Lee Tldewetier Crprret (5 4' r t r COMM Y. % ft, t,x'< "rhnce•'-'; to me seori956,., and ant'uccumeets levied or mused ouboequcnt to the dais • +• Verret` 1N WITNFSSETII wsicgEOP the add tiro wrtr ., !tae maned them present* to be executed in its dime, r • f4arporate t-.4,i7 .rod 'i corporate ems to be hereunto affixed,by lie • ', proper officers therewith dnly authorised, ha day mut • titT1T: / '��'r'(,..-? '<. r year BOX fTENaIas C0PPOPAtloli ltitauricn C. Lee scalier mailed,added sad delivered la,the preemies of: r, r f �t'•���R ,c.r.,.x,n. .�y i...fJ, .r:S..l t� iy ..�..1 .C.f.'.t L �„ (4 ,i A � a .,.. ... ..... t c ,.(.Cc(e.? 4( etalgtt tit, Clark President STATE OP, LORIDA, - COUNTY OF COLLIER 1 11DREp,Y.SPtTIPY that on tisk ley,Wore tee. u sftker duty authorised to the Siet ma County ater•eseld'd take ibtgusiallupietu, persoad* appeared Ralph 0. Clark and Maurice C. Let mittiassef,Ao' ri the' }reddest sod/eerelay respoet',tar at the trorperetloa sumsd art tai+ first, patty, 1i Ike,list dlat died, rid that they severally aehadwisdged to ecittisg the came Ii the praea.e of}tiro st it fdop~wfpepye treaty aid v.iaateegy Under aitaurky deity vested in them by raid eeep+redtoa a!+ar tint Alt tar Ofiliftt,%%amts is lbs. tree esepseal seal of acid sorpaeatioe. •intuits,aygiii lgid stoetat lei to the e.usty eV ease wt tfaesa d this Z7th day.' .. J'i y' "',:: .A.D,1If61, ■ ,-T -L 4h4 ! .4,..„, ,;1r ,',.:.‘,'„.‘ Packet Page -1033 Nehru r-att��'r,, .,,.,•a, ,.. ,• MV i,mt',aut rur atarco_L8,t u�b l ,. Jv_ • 9/22/2015 16.A.23. ' BEST COPY - • . . ...- .- . . .. .. .. . . • r .• • • 1(1141..l ! 1 1.11 I:. \ . , I•.11111 I. �` s . 1 ! Ili, ill . ; , , 111, • �Y1f) a • i x !er!, I v„"".r... . X4 - . ■ a • ; • • • ' • • as • .M1 �iMlrM y�IMI MW r1i1M1 iwf . "4 V:,' r 5 •.i Ciii1k tit Orgy' '�, 9. ,,, r'.; �c� Packet Page -1034 : .+' � { r• •y ,li:3JC' 1.Yr*.knawrr.w....u.-nrrrewwa�.....�..4.••i•h'o°14-(4....•1 t,.�1,�,i2, ,ydC�.4 Si73 —1,.....,