Loading...
Agenda 06/24/2014 Item #16A 76/24/2014 16.A.7. EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL20140000680, to quitclaim and release the County's interest in six (6) 30 -foot strips of land described as easements for public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, 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 six (6) 30 -foot strips of land described as easements for public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC- PL20140000680 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Lance T Miller, of Stantec Consulting Services, Inc., as agent for the property owner to request the County quitclaim and release six (6) 30 -foot strips of land described as easements for public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County, Florida. Each of the six (6) 30 -foot "easements" were referenced in deed language stating that the deeded property is "subject to an easement for road right -of- way ". 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. These six (6) 30 -foot strips of land currently provide no public benefit, and are not necessary for nearby properties to gain access to a public road. There is no indication or evidence that any have been used for access. The property encumbered by these purported easements is located in the Rural Fringe Mixed Use District and is designated receiving lands. The property is intended to be developed under the County's Growth Management Plan and the owner intends to develop the property. The development of the property benefits the public by enabling the use of TDR's resulting in sending lands being placed in preservation. In addition, the development of the land will increase the County's tax base. The cloud on title created by the purported easements unnecessarily impacts the development plan for the property. The County does not acknowledgement 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 Packet Page -536- 6/24/2014 16.A.7. 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 Engineering department has reviewed this petition and found no reason for objection. FISCAL IMPACT: Growth Management Division, Planning and Regulation 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. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact 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- PL20140000680, which will quitclaim and release the County's interest in six (6) 30 -foot strips of land described as easements for public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, 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, Engineering Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Quitclaim Deed, 2) Exhibit A, 3) Location -Site Map Packet Page -537- 6/24/2014 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to approve Petition VAC- PL20140000680, to quitclaim and release the County's interest in six (6) 30 -foot strips of land described as easements for public right -of -way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. Meeting Date: 6/24/2014 Prepared By Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Natural Resources Date: 5 /28/2014 9:58:38 AM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 5/28/2014 2:49:48 PM Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 6/4/2014 4:57:02 PM Name: McKennaJack Title: Manager - Engineering Review Services, Natural Resources Date: 6/5/2014 12:53:06 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 6/6/2014 11:01:00 AM Name: MarcellaJeanne Packet Page -538- 6/24/2014 16.A.7. Title: Executive Secretary, Transportation Planning Date: 6/10/2014 9:32:13 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/11/2014 10:59:34 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/12/2014 4:48:32 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 9:46:58 AM Packet Page -539- 6/24/2014 16.A.7. QUITCLAIM DEED THIS QUITCLAIM DEED executed this day of , 2014, by Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the Grantor), to Golf Club of Everglades LTD, whose mailing address is 9171 Vanderbilt Beach Road, Naples, Florida 34120 (hereinafter called the Grantee): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, 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 Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land lying and being in Collier County, Florida: 1) (Reference OR Book 160, Page 237) The East 30 feet of the south half of the southeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 2) (Reference OR Book 168, Page 843) The East 30 feet of the north half of the southeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 3) (Reference OR Book 164, Page 177) The East 30 feet of the south half of the northeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 4) (Reference OR Book 184, Page 858) The East 30 feet of the south half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 5) (Reference OR Book 164, Page 087) The East 30 feet of the north half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; AND The North 30 feet of the north half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida 6) (Reference OR Book 164, Page 683) The North 30 feet of the north half of the northwest quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; THIS IS NOT HOMESTEAD PROPERTY Subject to easements, restrictions, and reservations of record. Packet Page -540- 6/24/2014 16.A.7. 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. IN WITNESS 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 Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: By. Deputy Clerk Approved as to form and legality: r Scott A. Stone Assistant County Attorney 14- EIS - 02685110 TOM HENNING, Chairman Packet Page -541- 6/24/2014 16.A.7. EXHIBIT "All 100 13, jllcN 1. ire. Suitc, 200 Nd al It F. .1105 LEGAL DESCRIPTION Easements and Portions of Easements to be Vacated Being part of Section 36, Township 48 South, Range 26 East, Collier County, Florida (Golf Club of Everglades) The following 30' Easements for Public Right -of -Way are requested to be vacated; 1) (Reference OR Book 160, Page 237) The East 30 feet of the south half of the southeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 2) (Reference OR Book 168, Page 843) The East 30 feet of the north half of the southeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 3) (Reference OR Book 164, Page 177) The East 30 feet of the south half of the northeast quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 4) (Reference OR Book 184, Page 858) The East 30 feet of the south half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; 5) (Reference OR Book 164, Page 087) The East 30 feet of the north half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; AND The North 30 feet of the north half of the northeast quarter of the northeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida 6) (Reference OR Book 164, Page 683) The North 30 feet of the north half of the northwest quarter of the southeast quarter of Section 36, Township 48 South, Range 26 East Collier County, Florida; Subject to easements and restrictions of record Certificate of authorization #LB -7866. Stantec Consulting Services Inc. Registered Engineers and Land Surveyors By: Date January 15, 2014 Lance T Miller, Professional Surveyor and Mapper #LS5627 Not valid unless embossed with the Professional's seal. Ref. 11 GCOE -01 Packet Page -542- EXHIBIT "All 6/24/2014 16.A.7. CALUSA- P C CA N', `� 7 �IFV! . E N T k� R BOOK 164, E 087 K A VACATE) AL = —wwa—m 3 ond -n� r NI W BELL WA {2K &',XIM6ERC BOOK 11:54, E 858 V1 VACATE) k 6, rs� F �IUB OP, SE w RT TOWNS OWNS SOUTH EA COUNTY. FLO T­ AA _J 6 Lb -T0WNSIjIP,48tAPUTjj`:.- 2Z VA­ A' L L .7- V AT' A, " LLA b� Go 07"='" B. O'FZ., 'PQRCHASED',dY. e ES 00`f 'A 'SECTJ '.3 4P'� 3 RT'l 4 2e�' -COU .0 -71 n XA, e 'A F , 30' EASEMENT ERN 1;v OR BOOK 164 177 PAGE 44 ADAMS 1­"-�".,�- VACATE) (TO VACATE) al GOLF CLUB OF EVERGLADES LTD' -36, BEING PART OF SECTION TOWNSHIP 48 SOUTI��,, RANGE­26 30 EASEMENT n� . ;, EAST, COLLIER COUNTY FLORIDA' OR 'BOOK 168. OL tAl GOLF CLUB MG AGE 643 OF SECTION 31, '41 AT (TO VACATE) r - P 48 SOUTH, RANGE 27 -MLIFIR COUNTY, FLORIDA MCCOLLUM _!'EASEME `BOOK 166, 'f til 0 PAGE 237 \(AqA TO, yAqqE) % ANDERBFLT BEACH ROAD 3a tr Tpm _7 LOT J UNIT O., L4 T NAG q,95-�t&­'­- RS f" OF DESCRIPTIONS FOR EASEMENTS TO BE VACATED tt N201* 5611733 R3 R2 LTM GOLF CLUB OF EVERGLADES WIDEX NO 1L-000E-01 3200 Bailey Lane, Suile 200, Naples, FL 34105 SEC r*P –Rfi Phone 239 - 649-4040 �Fax 236-643.5,16 WE: cra watt 36-48-2 _ ­ �M . L,en R­N-W 8&6 PULTE GROUP 1-13-14 SHEET No: Packet Page -543- DI rD rrt rD VAC-PLM40000680 LOCATION MAP C) V) 0 0 Z EASEMENTS HERITAGE BAY QUITCLAIMED 22 I 23 (DRI) 24 O 0 OF THE OF THE O'd 19 EVERGLADES K VANDERBILT BEACH ROAD NAPLES-IMMOKALEE ROAD C.R. 846) BENT CHLAND CRI PRESERVE TUSCANY COVE 26 HABITAT WOODCREST 25 io 27 BRITTANY BAY APARTMENTS WARM SPRINGS BRISTOL BU NW 1) PINES pR SERVE I .......... SUMMIT PLACE IN NAPLES VANDERBILT .............. ............. PALOW GCFD COVE CW Y CLU 35 3t OAKS I,ryyON LLLLSS BUCKS RUN .......... MISSION CHURCH VA DER BI r BEAC ROAD PROJECT 3 2 1 6 0 GOLDEN GATE ESTATES LOCATION 1-T GOLD E F STATE EN 0 TE EST 0 UNIT 6 NIT MIT 7 r — GI[ DEN GITEBOUI EVAR D U 12 7 10 GOLDEN GATE ESTATES GOLDEI GATE [STATES UNIT 5 G( -DEN GA rE ESTA UNIT 8 E]S WHITE BOULEVARD 14 1 1 1 LOCATION MAP C) V) 0 0 Z EASEMENTS BEING QUITCLAIMED - I CLUB GOLF CLUB O 0 OF THE OF THE O'd JO C7 EVERGLADES VANDERBILT BEACH ROAD Prepared by SITE MAP Marcus L. Berman P.S.M. Collier County Surveyor Florida Survvur & Mapper LS 5086 Engineering Service Dept. Growth Management Division Planning and Regulation 2800 North Horseshoe Drive, Naples Florida 34104 H.\Planning and Regulation\Engineerinq Department\Engineer[ng Folders\Old Folders\ACAD SURVEY DRAWINGS\T-48-5 R-26-E\Location-Site Map VAC-PL20140000680 Golf Club of the E-rglad-dwq, Model, 51912014 8:46:25 AM