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Agenda 02/26/2013 Item #16D 72/26/2013 16.D.7. EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement with Liebig Management, Inc. and to accept a Warranty Deed conveying 112 square feet, more or less (Miscellaneous Parcel 9 99999 - 264FEE) for the purpose of constructing public transportation improvements. OBJECTIVE: To provide a safe waiting area for the transit users along the Davis Boulevard route. CONSIDERATIONS: Collier Area Transit currently has an existing bus stop located on Davis Boulevard immediately adjacent to property that is being developed by Liebig Management, Inc. As part of the development review process, Liebig Management has agreed to convey a fee simple interest in a portion of its land identified by folio number 70720400101, to Collier County for the purpose of constructing public transportation improvements adjacent to the existing right of way along Davis Boulevard. This land acquisition will allow us to improve Americans with Disabilities Act (ADA) access to the existing bus stop and to add passenger amenities. The property to be acquired consists of a rectangular shaped tract approximately 14 feet by 8 feet, for a total of 112 square feet. FISCAL IMPACT: The fiscal impact is in an amount not to exceed $100 and includes recording fees that will be charged to the CAT Operating Fund, 426, Project No. 61011.1. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires a majority vote for approval. - ERP RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Donation Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of right -of -way Parcel No. 99999 - 264FEE and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; and 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreement. Prepared by: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Attachments: (1) Donation Agreement (complete with Warranty Deed) Packet Page -1814- 2/26/2013 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve a Donation Agreement with Liebig Management, Inc. and to accept a Warranty Deed conveying 112 square feet, more or less (Miscellaneous Parcel # 99999- 264FEE) for the purpose of constructing public transportation improvements. Meeting Date: 2/26/2013 Prepared By Name: OteroBrandy Title: Project Manager, Associate,Transportation Engineer 1/30/2013 3:29:27 PM Submitted by Title: Project Manager, Associate,Transportation Engineer Name: OteroBrandy 1/30/2013 3:29:28 PM Approved By Name: SotoCaroline Title: Management/Budget Analyst,Transportation Administr Date: 1/30/2013 4:03:47 PM Name: ScottTrinity Date: 2/1/2013 8:39:45 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 2/5/2013 8:28:09 AM Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Alternative Tr Date: 2/5/2013 4:55:59 PM Packet Page -1815- Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 2/12/2013 3:44:00 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/14/2013 1:34:33 PM Name: KlatzkowJeff Title: County Attorney Date: 2/14/2013 4:51:20 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/15/2013 12:17:13 PM Name: OchsLeo Title: County Manager Date: 2/16/2013 3:07:27 PM Packet Page -1816- 2/26/2013 16.D.7. a 2/26/2013 16.D.7. PROJECT: Misc. *99999 PARCEL No(s): 264FEE FOLIO No(s): Portion of 70720400101 DONATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into an This day of r , 20_L&__, by and ' =n UEBIG MANAGEMENT, INC., a Florida co oration,a�4hose mailing address estview Drive, Naples, Florida 34104 (hereinafter referred to as "Owner', and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, cto the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafterrefisrred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey a Fee Simple interest in that portion of its lands described in Exhibit "A ", attached hereto, made a part of this Agreement and hereinafter referred to as the "Properly", to County for the purpose of constructing public transportation improvements adjacent to the existing right-of-way along Davis Boulevard; and WHEREAS, Owner recognizes the benefit to the public and desires to now convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Warranty Deed and Owner's Affidavit) is hereinafter referred to as the "Closing." Prior to closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. County shall be entitled to full possession of the Property at Closing. County shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, County may elect to pay Packet Page -1817- 2/26/2013 16.D.7. reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property. County shall have sole discretion as to what constitutes "reasonable processing fees! 6. This Agreement and the terns and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, andfor assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: I -:Z -1 -1 �11,11'-ignatu�ro) t�1o�G+�v Name (Print or Type) 1/147- f--)- Witness (Signature) M.kE oeor Name (Print or Type) Approved as to form and lqgal sufficiency: Assistant Co my Attorney Lag R.vasd: 04rV12 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,'FLORIDA BY: Georgia A. Hiller, Esq. Chairwoman LIEBIG MANAGEMENT, INC., a Florida corporation B Y� Patric T. L'` bVr-resider-,, Packet Page -1818- 2126/2013 16.D.7. X420121100.11M2012.1196.t.0, Modµ 12/12![012 7:1!:18 }M, 1:10 r)p� D j O r O i D o �0 1M r<6 -V,2t.00 N ,00'8 fO ,L9'L9Z 11 Mj „6t8t.00 N NO ------- Z -- ------------------ ' r�--'---- ----'----- --------- -- --- -- - - -I X �• m � z I Co O rn -0 0 j N N� orn Lq p0) 0 t 1 N O C)m p i O _ - o z I m r f0Q..8 3 S cn 0 00 moo oNV) m m < w 7ZcWnoo ^(n °) ; D 1 1v1 o D. °• q) a� o I ;o m -;DC O 'z 1 `�- *D w .='' m Z I m O rn1� P;m pi Ir , 1-n 00-92L 4-M i N 2 10 O „8tr,2*.00 !I _- _--- -- -- Ln r i` -- 1 D iN I m, a r co , r r 10 al �; �a t C1m p JI Lno < 31 10 ,5Z' li� l A, M N L------------ ,6*,9*.00 J'------- ---- r r -- --- --- - - - --- 1 { f I O.v rti .�� ti ro+i. 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CC) p .,,xfy. r/1 if jm4 mm p-o{z. ,"''1xnaCl ran 1`o 6r"L Zfn 7T�§i:G n X hiC�[i�® �N Z s o to �00NOSm a mQim� -N A S sgr<gp � > 0 Of < G n to £$i '�' r Om 'Rt- %> �*i ?"1 N> 1 ra 'N C Rk a m 1. W a n • �¢ W 00 � 'z ° 0 2 n rn v, rn .I. :.... ., .y n -1 m - m � N t1' p� Ya wC H _ rri Qp m w X _ 2 Packet Page - 1819 - I 2/26/201316.D.7. PROJECT: Misc. #99999 PARCEL No(s): 264FEE Folio Nos(s): Portion of 70720400101 WARRANTY DEED THIS WARRANTY DEED made this r r , day of lcmunrw 20 res, by, � MANAGEMENT, INC., a Florida corporation, whose office ad s is estAew Drive, Naples, Florida 34104 (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit See attached Exhibit "A" which is incorporated herein by reference. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of afl encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these Presents the day and year first above written. WITNESSES: (5 gnattite) Aq 0- (Signature) M,kr' OPIJT (Print Full Name) LIEBIG MANAGEMENT, INC. a Florida copomfion By- �g `e, /W Patrick T. Li big, resident Packet Page -1820- 2/26/2013 16.D.7. STATE OF r JDil d & _ COUNTY OF 1 %i P f The foregoing Warranty Deed was acknowledged before me this r-} h day of 20 13 , by PATRICK T. LIEBIG, as President of Liebig Management, Inc., a Florlda corporation, on behalf of the corporation, who: is is personally known to me OR produced as proof of identity. t (affix notarial seal) ' j'- (Sig re of Notary Pub (Print Name of Notary Public) SUMOIAN Serial / Commission # (if any):''"`+_ gar corux>fon My Commission Expires: Approved as to form and Legal sufficiency: Assistant Cb'unty Attorney Last RevkW: 10/1SMo Packet Page -1821- 2/26/2013 16.D.7. 7 C1201P1I00- IIf9�i012- tf %dw�•dfpAd l2n2=123:19:1617.4. 1:10 W (n r- 0�j� m N z (i m E r O W „&V,gt.00 N i ,00'9 1O ,LS'L9Z zomm ------------------------- z Z CD CD _ Co m $ ip -N•I c N �' tS P O) O o O C O O N O - O - o z I m m ,00'9 r"51 w z 3 „ 6- V.St.00 S N m .I i N ° Co > (D t I Co 0 C ONN OD i i n W N 7NO (� < N1 m >. J CIO t5 i > N O)� O n N m w z N m .I .0 WO o' pvniA M V C. 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