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Agenda 06/12/2012 Item #16A126/12/2012 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to acknowledge a Statutory Deed between Collier County and Citygate Development, LLC. as recorded in Official Record Book (OR) 3985, Pages 3420 through 3422, and to authorize the Clerk of Courts to make notation on the original plat of the recording of the deed. OBJECTIVE: To acknowledge a Statutory Deed between Collier County and Citygate Development, LLC., as recorded in OR Book 3985, Pages 3420 through 3422, and to direct the Clerk of Courts to make a notation of the recording on the original plat as recorded in Plat Book 41, Pages 6 -7. The notation should read as follows: IN ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED BY STATUTORY DEED THE PORTION OF THE 70' WIDE COUNTY RIGHT -OF -WAY SHOWN HEREON TO CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY. CONSIDERATIONS: On February 24, 2004, the Board of County Commissioners approved the plat for City Gate Commerce Center, Phase One. The-plat was recorded in -Plat Book 41, Pages b and 7. The developer rerouted the landfill road also known as Access Road No. 1, and incorporated the area where the Access Road had been into 6 of the Lots. A note on Sheet 2 of the plat makes reference to the proposed vacation or elimination of the Access Road in the future. Anyone doing title work or research on these properties has to do further research to determine if the vacation or transfer of Access Road No. 1 ever occurred. Having the Clerk of Courts make notation on the original plat will assist anyone researching the Lots in the future. The County abandoned the Landfill Road upon the construction of City Gate Boulevard. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 -- Land Development Services There was no revenue generated by this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Packet Page -1125- 6/12/2012 Item 16.A.12. LEGAL CONSIDERATIONS: Although not commonly referred to as such, "Statutory Deeds" are those deeds following the form specifically prescribed in Florida Statute Section 689.02. There is no legal issue or impropriety in acknowledging a "Statutory Deed" as compared to the more common "Warranty Deed ". The instant request to authorize the Clerk of Courts to make a notation on a recorded plat is supported by Florida Statutes. Notations on plats are permitted under Section 177.101(2), Florida Statutes. Notations are allowed when there are differences between what is platted and what exists on the ground. This does appear to be such a situation in that the Landfill Road is platted and one would expect to find in on the premises, but for a note on the second page of the existing recorded plat. This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required. STW RECOMMENDATION: The Board of County Commissioners direct the Clerk of Courts to make notation on the original plat of the Statutory Deed as recorded in OR Book 3985, Pages 3420 through 3422; to wit: IN ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED BY STATUTORY DEED THE PORTION OF THE 70' WIDE COUNTY RIGHT -OF -WAY SHOWN HEREON TO CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development Services /Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1) Statutory Deed 2) Plat Map of City Gate Commerce Park, Phase One 3) Resolution Packet Page -1126- 6/12/2012 Item 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to acknowledge a Statutory Deed between Collier County and Citygate Development, LLC. as recorded in Official Record Book (OR) 3985, Pages 3420 through 3422, and to authorize the Clerk of Courts to make notation on the original plat of the recording of the deed. Meeting Date: 6/12/2012 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm 5/14/2012 10:24:48 AM Submitted by Title: Site Plans Reviewer, Senior,Engineering & Environrn Name: HouldsworthJohn 5/14/2012 10:24:49 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/16/2012 10:58:08 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/16/2012 12:57:51 PM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 5/21/2012 10:00:59 AM Packet Page -1127- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/21/2012 2:11:55 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 5/29/2012 10:23:11 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/29/2012 11:15:16 AM Name: KlatzkowJeff Title: County Attorney Date: 6/4/2012 11:33:18 AM Name: OchsLeo Title: County Manager Date: 6/4/2012 10:28:37 PM Packet Page -1128- 6/12/2012 Item 16.A.12. 3788653 6/12/2012 Item 16_A.12. RECORDED in OFFICIAL RECORDS of COLLIER CODRTI, FL PROJECT: SCRWTP Expansion 02/21/2006 at 12:25PK DWIGHT E. BROCI, CLERK RBC FBI 27.00 DOC -.70 .70 Iim"epare- ire COPIES 3.00 E11e tre Off ,_e of .�,,, �. , Attornly KISC 1.50 73Ci E:.st ''+' + -.ai Trail Retn: . r wrida 34112 CLERK TO THE BOARD (941) 174 -8400 IKTIROFFICI 4TH FLOOR BIT 7240 STATUTORY DEED THIS DEED, made this day ofE i i� v Ar2`� , 20� by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34 hereinafter referred to as "Grantor"), to CITYGATE DEVELOPMENT, LL.. I&"A'ited liability company (hereinafter referred to as "Grantee "). f ` (Whenever used he to this _instrument and thej WITNESSETH thalk t P ra tqr, f Dollars, ($10.00) to it jilt it acknowledged, does he r> grant, bargain described land lying and b ` in Collier County See Exhibit " ed hereto Subject to easements, �nd�'Grantee" include all the parties hn "delation of the sum of Ten jp,,;-r ceipt whereof is hereby uflr he Grantee, the following C a part hereof) reservations of record. 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ►QC By: y e ty Clerk , Chairman Est as- to wars s >sirs (OFFICIAI.;'8EAj Apps d as to form a legal sufficiency Assistant County Attorney L Ellen T. Cha&ell Packet Page -1129- SEC71ON 35, TOWNSMP 49 SOUTH. RANGE 26 EAST. C76 t COLLIER COUNTY. FLORIDA 27 26 1 Co M 3 in C, S R =336.00' D=41 U1'29 %+ L= 240.58' 91.23' EXHt T� Page Of. — LEGEND III SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT -Of -WAY • BREAK POINT . C 6/12/2012 Item 16.A.12. •%• vrvv avr warm 16E 4 0 NOT TO SCALE ;77 I fal PARCEL D= 41 *01'29` �L= 190.46' I S43'47'54'E 156.05 — — — — S89'00'Q1 W 35 95.40 SKETCH OF DESCRIP71ON (THIS IS NOT A SURVE (7- SCRWIP REVERSE OSMOSIS EXP COLLIER COUNTY, FLORIDA SCAM- NOTED: S.F.R.N. STAFF G RAYMAN i EXCHANGE EASEMENT T SDSK PROJECT. 0051800 CAD FILE: 0051800A.dwg 'F9 1D BOOK N• SHEET• N. DATE En l�aets • Sunray+ * ' ` • M „coorr s 07/25/2000 ARIDA RL M U 111 R5s3s Q ► t Packet Page -1130-� w v EXHIBIT ftt *_M-_0 7- LEGAL DESCRIPTION - EXCHANGE PARCEL "1" C.6/12/2012 6/12/2012 Item 16.A.12. Vim.. VVVV •v, V•YY 16E* 4 A parcel of land being a portion the 70.00 foot wide landfill road lying in Section 35, Township 49 South, Range 26 East, Cooler County, Florida. Said parcel of land being more particularly described as follows: Commenting at the Quarter Comer common to Sections 34 and 33, Township 49 South, Range 26 East, Collier County, Florida, run thence N00129'15"W along the West line of said Section 35 o distance of 1382.43 feet to a point on the centerline of the proposed Access Rood No. 1 as shown on the State of Florida Deportment of Transportation Right -of -Way map for State Road 93 (1 -75) sheet 8 of 10; thence along the centerline of the proposed Access Rood No. 1, N 89'36'01 "E a distance of 100.00 feet to a point on -the Easterly Right -of -Way line of a canal, said point also being on the , centerline of the proposed access road to the Water Treatment Plant Parcel; thence along said- Easterly Right -of -Way line of sold canal S0079'15 "E a distonce of 50.00 fact to the Southwest (SW) corner of a proposed 100.00 foot wide access road, and POINT OF BEGINNING. thence along the Southerly line of said proposed access rood N89 31'01 "E a distance of 70.16 feet; thence S0471'OB" E a distance of 293.15 feet; thence S024625 "E a distance of 751.56 feet to the point of curvature o r the Northeast having a radius of 266.00 feet; thence Southeasterly along the arc s al angle of 41'01'29 "'a distance of 190.46 feet to the point of tangency, to ,4754"E o distance f ta6.05 feet to a point on the South line of the Northwest Qurter (NW1 said Section 35; thence 9'Ot' 1 "W along said south line a distance' of 95.40 feet; thence N43'4 4*Y a s an t; to -a pant of curvature of a curve concave is the- -Northeast - having- a dnrs/'of fee#- nce A rthwe ' -along the- Of- arc-eurre through a central angle of 41TI 29' a ' f , o �Of tbngency, thence NO2'46 25 W a distance of 750.60 feet; t ce 71 a t o; 6. f et tb the POINT OF BEGINNING. 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RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO ACKNOWLEDGE A STATUTORY DEED BETWEEN COLLIER COUNTY AND CITYGATE DEVELOPMENT, LLC., AS RECORDED IN OFFICIAL RECORD BOOK 3985, PAGE 3420, AND TO AUTHORIZE THE CLERK OF COURTS TO MAKE A NOTATION AS NOTED BELOW IN BOLD OF THE STATUTORY DEED ON THE PLAT AS RECORDED IN PLAT BOOK 41, PAGES 6 -7 OF THE PUBLIC RECORDS OF THIS COUNTY WHEREAS, ON February 24, 2004, the Board of County Commissioners approved the plat for City Gate Commerce Center, Phase One; and WHEREAS, Sheet 2 of the plat shows a 70' access road across a portion of Lots 7 through 12, together with a Note stating that the access road is to be abandoned; and WHEREAS, upon completion of the improvements associated with City Gate Commerce Center, Phase One, the 70' access road was in fact abandoned; and -- - WHEREAS, on February -21- -2006 a- Statutory Deed- was - recorded whereby - Collier County conveyed those lands associated with the 70' access road to Citygate Development, LL.; and AW WHEREAS, Citygate Development, LLC has requested that a note be added to the original plat referencing the Statutory Deed as clarity for chain of title. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Clerk of Courts make appropriate notation of this acknowledgment and reference the Statutory Deed on the original plat as recorded in Plat Book 41, Pages 6 -7 of the Public Records; to wit: IN ACCORD WITH THE PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT DATED JULY 28, 2000, COLLIER COUNTY CONVEYED BY STATUTORY DEED THE PORTION OF THE 70' WIDE COUNTY RIGHT -OF -WAY SHOWN HEREON TO CITYGATE DEVELOPMENT, LLC ON FEBRUARY 14, 2006 AND THIS STATUTORY DEED IS RECORDED IN OFFICIAL RECORDS BOOK 3985, PAGE 3420 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY. Packet Page -1134- 6/12/2012 Item 16.A.12. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2012. DATE: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Packet Page -1135-