Agenda 12/11/2012 Item #16A 312/11/2012 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to declare a 0.28 acre parcel of land on Tamiami Trail East as surplus
property, to authorize the conveyance of the property back to the State of Florida, and to
accept the conveyance of an easement to Collier County and the Collier County Water -
Sewer District. (Estimated Fiscal Impact: None.)
OBJECTIVE: To declare a parcel of land surplus, convey the land back to the State of Florida
and accept the conveyance of an easement over a portion of it.
CONSIDERATIONS: During 2005 the State of Florida Department of Transportation
( "FDOT") conveyed to the County certain property situated on the south side of Tamiami Trail
East at its intersection with Airport Road and Peters Avenue. The attached map shows the
location of this 0.28 acre property. The deed conveying the parcel to the County requires that it
be used for traffic signaling devices, a bus stop and road capacity improvements only, failing
which it reverts to FDOT.
Recently an adjacent property owner requested that the County convey back to FDOT any
portion of this property not required for public purposes. The property owner wishes to include
part of the property in a new commercial development, but the deed's reverter clause prevents
the County from selling it. Therefore, the adjacent owner has already communicated with
FDOT, who will follow their process to declare the parcel surplus and then sell it to the owner.
The County is presently using and will in the future need some of this land for traffic signaling
devices and other improvements. In addition, the Collier County Water -Sewer District requires a
portion of this parcel for future utility infrastructure needs. FDOT will convey an easement over
that portion of the parcel depicted in the attached legal description and sketch to Collier County
and to the Collier County Water -Sewer District, which will satisfy these requirements. FDOT's
legal counsel requires that this procedure be followed. There is no public need for the remaining
property, which can revert to the Collier County tax roll after it has been sold by FDOT.
FISCAL IMPACT: The estimated cost of recording the deed conveying the property to FDOT
and the above - mentioned easement is $37.00, which will be paid by the adjacent property owner.
This recommendation accordingly has no fiscal impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. - JAK
GROWTH MANAGEMENT EffACT: There is no Growth Management Impact associated
with this recommendation.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
n 1. Declare the land described on the attached Quitclaim Deed as surplus;
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12/11/2012 Item 16.A.3.
2. Approve and authorize the Chairman to execute the attached Quitclaim Deed conveying the
land back to the State of Florida Department of Transportation; and
3. Both as the Governing Body of Collier County and also as the Ex- Officio Governing Body of
the Collier County Water -Sewer District, accept an easement from the State of Florida
Department of Transportation and authorize the County Manager or his designee to record
same in the public records of Collier County, Florida
Prepared By: Robert Bosch, ROW Coordinator, Transportation Engineering.
Attachments: 1) Quitclaim Deed; 2) Location Map; 3) Legal description ,& sketch of proposed
easement area; and 4) Email from adjacent property owner confirming knowledge of proposed
easement.
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12/11/2012 Item 16.A.3.
10� COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3.
Item Summary: Recommendation to declare a 0.28 acre parcel of land on Tamiami Trail
East as surplus property, to authorize the conveyance of the property back to the State of
Florida, and to accept the conveyance of an easement to Collier County and the Collier County
Water -Sewer District. (Estimated Fiscal Impact: None.)
Meeting Date: 12/11/2012
Prepared By
Name: BoschRobert
Title: Right Of Way Coordinator,Transportation Engineerin
7/11/2012 2:47:59 PM
Approved By
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 11/14/2012 3:32:17 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 11/15/2012 8:58:13 AM
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 11/15/2012 9:19:15 AM
Name: ShueGene
Date: 11/15/2012 9:34:05 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 11/15/2012 11:32:03 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 11/15/2012 12:03:59 PM
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12/11/2012 Item 16.A.3.
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 11/16/2012 3:36:09 PM
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 11/19/2012 8:02:39 AM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 11/19/2012 5:06:49 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/21/2012 4:08:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2012 9:01:00 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/26/2012 11:45:14 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2012 4:09:09 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 6:11:29 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/28/2012 10:58:51 AM
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12/11/2012 Item 16.A.3.
PROJECT: Miscellaneous No. 99999
PARCEL: 253FEE
n FOLIO: 30480040003
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this day of , 2012, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred as "Grantor"), to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION whose mailing address is P.O. Box 1249,
Bartow, Florida 33831 (hereinafter referred 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) 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 situate, lying and being in Collier
County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
THIS IS NOT HOMESTEAD PROPERTY
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 Grantor has caused these presents to be executed
the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 10/15/10
BY:
FRED W. COYLE, Chairman
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12/11/2012 Item 16.A.3.
EXHIBIT "A" ^
Those portions of Lots 1, 2 and 3, and all of a vacated alley in Block A of Eastgate
Subdivision, as per plat thereof recorded in Plat Book 1, page 56, Public Records of
Collier County, Florida; all being in Section 11, Township 50 South, Range 25 East,
Collier County, Florida, and being described as follows:
BEGIN at the northeast comer of said Lot 3; thence along the east lines of said Lot 3
and alley, South 00 °16'55" East a distance of 97.61 feet to the southeast comer of said
alley; thence along the south line of said alley, South 89 °04'07" West a distance of
138.69 feet to the southwest comer of said alley; thence along the west lines of said
alley and Lot 1, North 00 °14'13° West a distance of 16.67 feet; thence North 37 °59'11"
East a distance of 138.66 feet; thence South 82 058'39° East a distance of 23.32 feet to
the northerly line of said Lot 3; thence along said northerly line, South 52 000'49" East a
distance of 37.77 feet to the POINT OF BEGINNING.
Containing 12,155 square feet, more or less.
QUITCLAIM DEED
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12/11/2012 Item 16.A.3.
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12/11/2012 Item 16.A.3.
F.P. NO. 1953651
SECTION 03010-2554
PARCEL 139(Part) - Perpetual Easement
Description:
Those portions of Lots 2 and 3, Block "A" of Eastgate
Subdivision as per 'plat thereof recorded in Plat Book 1, Page
56, Public Records of Collier County, Florida; all being in
Section 11,, Township 50 South, Range 25 East, Collier County,
Florida and being more particular-'y described as follows:
BEGIN at the northeast corner of said Lot 3, said point lying on
the southerly right of way line for State Road 90(US 41) per
FDOT Map Section 03010-2554; thence departing said southerly
right of way line, run South 00016155TM East along the east line
of said Lot 3 for 26.75 feet; thence departing said east line
run North 52000'49" West for 74.32 feet to the easterly right of
way line for Peters Avenue and State Road 90(US 41); thence run
along said easterly right of way the following two (2) courses:
1) North 37059'11" East for 9.00 feet; 2) South 82,15813911 East
for 23.32 feet to the southerly right of way line for said State
Road 90(US 41); thence run South 52000,491, East along said
southerly right of way for 37.77 feet to the POINT OF BEGINNIING.
Parcel contains 1,267 square feet, more or less.
Descrir>:ion Approved by;
W-1 I
a.!Iiam E. r%ay P.L.S� t,2737
Date: It 113 / 201 21
NOT VALID IJNLEIS EMBO
EXHTSIT "A"
Page 1 of
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PLAT BOOK 29 PAGES 40.41
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Map Exhibit "B"
Page 1 of 1
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD NO
J.W. DRAWN .
"mss !r DATE [CHECKED I G.R.
90 (U.S. 41) Tamiami Trail
` D0.TE OA[VAAED )r
M� � F.D.O.T. District d�c
Packet Page -2115-
DATA S01"C[.
SECTION 03010 -2554
COLLIER COUNTY
12/11/2012 Item 16.A.3.
From: Eric Strickland
To: BoschRobert
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows): Miscellaneous Projects
No. 99999
Date: Wednesday, November 14, 2012 12:50:25 PM
Robert
We have reviewed the easement and have no issues with this. This is approved.
Thank you
Eric
From: BoschRobert [ mailto :RobertBosch @colliergov.net]
Sent: Wednesday, November 14, 2012 10:50 AM
To: Eric Strickland
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Eric,
Attached is the corrected legal description and sketch of the proposed easement to be conveyed
by FDOT to Collier County and to the Collier County Water -Sewer District after the entire parcel has
been conveyed back to FDOT. Please urgently confirm your approval of this revised legal
description.
Thank you,
PA
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252 -5885
From: BoschRobert
Sent: Friday, November 09, 2012 2:38 PM
To: 'Eric Strickland'
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Importance: High
Eric — the recording information for the parent tract as shown in the sketch attached to the new
legal it incorrect. It should be "OR 3939 PG 463" and is currently being corrected. I need you to
confirm your approval as soon as possible please. Thank you!
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12/11/2012 Item 16.A.3.
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252 -5885
From: BoschRobert
Sent: Thursday, November 08, 2012 9:22 AM
To: 'Eric Strickland'
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Eric —The new legal is attached. Essentially it's identical to the legal attached to my email dated
October 26, 2012 below, except for minor call variations. Please confirm your approval ASAP.
Thank you.
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
r�
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252 -5885
From: Eric Strickland [mai Ito: estrickland(a )kiterealty.coml
Sent: Tuesday, November 06, 2012 12:05 PM
To: BoschRobert
Cc: HendricksKevin; JarviReed
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Ok
Thanks
From: BoschRobert [mailto:RobertBosch(c colliergov.net]
Sent: Tuesday, November 06, 2012 8:51 AM
To: Eric Strickland
Cc: HendricksKevin; JarviReed
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Eric,
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12/11/2012 Item 16.A.3.
Thank you for your email. I learned late last week that FDOT will be creating a new legal
description for the proposed easement parcel using their bearing system to avoid any possible
hiatus. The new legal description should be ready by the end of this week and I will email it to you
when I receive it.
Regards,
Rod Saa4a
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252-5885
From: Eric Strickland [mailto:estrickland(a kiterealty.cml
Sent: Monday, November 05, 2012 9:09 PM
To: BoschRobert
Subject: RE: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Robert
We have reviewed the email below.
I am authorized to represent Kite on this matter.
We have reviewed the easement that will burden the property and have no issues with this
restriction
Thank you
Eric
From: BoschRobert [ mailto: RobertBosch(&collieraov.net]
Sent: Friday, October 26, 2012 3:14 PM
To: Eric Strickland
Subject: Parcel 253FEE (FDOT/ Collier County Surplus Property - Kite Courthouse Shadows):
Miscellaneous Projects No. 99999
Eric,
The County Attorney's Office has reviewed my agenda item for this matter and has requested that I
obtain confirmation from the adjacent property owner interested in purchasing this surplus
property that portion of it will be burdened by easements in favor of Collier County and the Collier
County Water -Sewer District. �
Attached is a legal description and sketch of the portion to be burdened by foresaid easements.
Packet Page -2118-
12/11/2012 Item 16.A.3.
The easement to be conveyed by FDOT to Collier County will be for the installation and
maintenance of traffic signal mast arm assemblies, traffic signal controller cabinets, sidewalks,
street lights and electrical wiring, public and private utilities, and drainage structures, and shall
include the right to enter upon the land, excavate, and place or remove materials for such
purposes.
The easement to be granted by FDOT to the Collier County Water -Sewer District will be for
wastewater and reclaimed water utility facilities and access purposes and shall include the right to
enter upon said land, excavate, and place or remove materials, including, but not limited to,
wastewater and reclaimed water lines and pipes, pumping stations, electrical panels, telemetry
towers, and other equipment or improvements appurtenant thereto for purposes of constructing,
operating, and maintaining wastewater and reclaimed water utility facilities thereon.
Please confirm:
1. That you are authorized to represent foresaid property owner in this matter; and
2. That the property owner is aware that the portion of the land more fully described in the
attached legal description and sketch will be so burdened.
As soon as I receive your confirmation I will be able to move forward with my agenda item.
Thank you,
Robert M. Bosch
Coordinator - Right of Way Acquisitions
Transportation Engineering Department
Collier County Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Tel.: (239) 252 -5843
Fax: (239) 252 -5885
Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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12/11/2012 Item 16.A.3.
F.P. NO. 1953651
SECTION 03010-2554
PARCEL 139(Part) - Perpetual Basement
Description:
Those portions of Lots 2 and 3, Block "A' of Eastgate
Subdivision as per plat thereof recorded in Plat Book 1, Page
56, Public Records of Collier County, Florida; all being in
Section 11, Township 50 South, Range 25 East, Collier County,
Florida and being more particularly described as follows:
BEGIN at the northeast corner of said Lot 3, said point lying on
the southerly right of way line for State Road 90(US 41) per
FDOT MaD Section 03010-2554; thence departing said southerly
right of way line, run South 0001615511 East along the east line
of said Lot S for 26.75 feet; thence departing said east line
run North 5200014911 West for 74.33 feet to the easterly rfight of
way line for Peters Avenue and State Road 90 (US 41) ; thence run
along said easterly right of way the following two (2) courses:
1) North 37059111" East for 9.00 feet; 2) South 820581391 East
for 23.32 feel to the southerly right of way line for said State
Road 90(US 41); thence run South 52000149" East along said
southerly right of way for 37.77 feet to the POINT 0-7 BEGINNING.
Parcel contains 1,.267 square feet, more or less.
Descriotion Antroved bv;
-AA o n
William E. RaS.- /2727
Date: I I lj�i 1 20/2-
NOT VALID I LESS EMBOSS D
EXHIBIT "All
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Scale: 1" = 30'
Map Exhibit "B"
Page 1 of 1
— — - FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
— STATE ROAD NO. 90 (U.S. 41) Tamiami Trail COLLIER COUNTY
•, ' PREPARED DATA SOWCC Br ppn F.D.O.T. Di stract
Onc
DMWN J.W.
Br I DATE CHECKED G.R. Packet. Page -2121- SECnON 03010 -2554