Backup Documents 03/23/2010 Item #16D 1
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 5''2l.o-(0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATt6 tD 1
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatur~s, dates, and/or information needed. If the document is already complete with the
exceDtion of the ChaUman's si2l18ture, draw a line throup} routing lines #1 throuph #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Iuitials Date
rLim in ,ootin. ",dele)
1.JeffWright County Attorney ~ ~ l?.-uffO
2. Ian Mitchell, Supervisor Board of County Commissioners ~ Vz.r I
10
3. Minutes and Records Clerk of Court's Office
4.
5
6.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. N onnally the primary contact is the person who f..:reatedlprepared the executive
sununary. Primary contact infonnation is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All onginal documents needing the BCe Chairman's signature arc to be delivered to the Bee ottic;: only after the Bee has acted to approve the
item.)
Name of Primary Staff Rosa Munoz, Grants Coordinator Phone Number 252-5713
Contact
Agenda Date Item was March 23, 2010 Agenda Item Number ttifWr
Approved bv the BCC ICoD\
Type of Document Release of Deed Restriction Number of Original I
Attached Documents Attached
Initial the Yes column or mark "NI A" in the Not Applicable column, whiehever is Yes N/A(Not
appropriate. (Initial) Applicable)
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signed by the Chainnan, with lbe exception of most letters, must be reviewed and signed
by lbe Office of lbe Couuty Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and oossiblv Slate Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all olber rnuties excent the BCC Chainnan and the Clem to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the RM
document or the final ne~otiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on Ihe appropriate pages indicating where the Chairman's RM
signature and initials are reauired.
5. In most cases (some contracts are an exception), the original document and this routing slip NA
should be provided 10 Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee wilbin a certain
time frame or the BCC's actions are nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on March 23, 2010 (enter date) and all RM N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The Countv Attornev's Office bas reviewed the chan""s, if annlicable. line 6.
INSTRUCTIONS & CHECKLIST
I: Formsl County FonnsJ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
1601
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Release of Declaration
of Restriction with Immokalee Senior Housing, Ltd for the infrastructure construction on
2.33 acres in Immokalee, Florida to enable Immokalee Senior Housing, Ltd to construct
thirty (30) new one- and two-bedroom rental units targeted to very low-income elderly
residents.
OBJECTIVE: Approve and authorize the Chairman to sign a Release of Declaration of
Restriction with Immokalee Senior Housing, LId for the infrastructure construction on 2.33 acres
in Immokalee, Florida to enable Immokalee Senior Housing, LId to construct thirty (30) new
one- and two-bedroom rental units targeted to very low-income elderly residents.
CONSIDERATIONS: Per Resolution 2005-157 (4-12-2005) the CDES Division Administrator
had the authority to sign documents pertaining to the US. Department of Housing and Urban
Development (HOD) Community Development Block Grant (CDBG) program. The purpose of
the award to Immokalee Senior Housing, LId was to fund the infrastructure construction of thirty
(30) new one- and two-bedroom rental units targeted to very low-income elderly residents A
Declaration of Restriction was placed on the property and recorded on April 9, 2004 by the
Collier County Financial Administration and Housing Department. The award amount, as
detailed in the subrecipient agreement, of up to $86,122 was terminated and the funding was
returned to the Collier County Financial Administration and Housing Department. However, the
Release of Declaration of Restriction was not recorded at that time.
On March 3, 2010, Immokalee Senior Housing, LId requested that Collier County record a
Release of Declaration of Restriction.
FISCAL IMPACT: Acceptance of this Release of Declaration of Restriction will have no effect
on general funds.
GROWTH MANAGEMENT IMPACT: The CDBG project associated with this subrecipient
agreement assisted in meeting the goals, objectives and policies set forth in the Housing Element
of the Growth Management Plan. Approval of this item will have no growth management
impact.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to sign a Release of Declaration of Restriction.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
Ann P. Jennejohn
1601 1
From:
Sent:
To:
Subject:
MunozRosa [RosaMunoz@colliergov.net]
Wednesday, April 28, 20104:58 PM
Ann P. Jennejohn; RamseyFrank; SerranoMarlene
RE: March 23, 2010 Board Mtg Original Documents
Hello:
I had item 16D1 below. I've checked our files and no I did not receive the original, only a copy.
Thank you!
Rose ilvfllllOZ. Grants Coordinato!'
Collier County Housing & IIuman Services
330 I E. Tamiami Trail,
Bldg H, Suite 211
Naples, FL 34112
239-252-5713
Fax'=239-252-6556
Rosa:\'l unoz(a:coliienwv.net
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.comI
Sent: Wednesday, April 28, 2010 2:59 PM
To: RamseyFrank; SerranoMarlene
Cc: MunozRosa
Subject: March 23, 2010 Board Mtg Original Documents
Hi there,
I hope you might be able to help me Q
I'm missing a few oriainal documents that I had processed for the Board Meeting of March 23. 2010.
They are:
Item #16A6 (Lien Release for Stephen Johnson)
Item #16Dl (Release of Declaration of Deed Restrictions - Immokalee Senior Housing)
and
Item #16D2 (Lien Agreements/Impact Fee Deferrals)
I had attested to the Chairman's signature and taken them over to be recorded in official records with
instructions
for the originals to please be returned to our office, and for you all to receive copies.
I have a feeling my request(s) were ignored and the originals were returned to you.
Could you possibly let me know if the Recording Department has returned these to you?
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk to the Board of County Commissioners
1
16D 1
Prepared by:
Rosa Munoz
Record and Return to:
Collier County Housing & Human Services Department
3301 E. Tamiami Trail, Bldg H, Suite 211
Naples, FL 34112
THIS SPACE FOR RECORDING
RELEASE OF DECLARATION OF RESTRICTIONS
THIS DOCUMENT is signed by Collier County, Florida ("Lien Holder"), who is the
owner and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any
interest in, the following described Declaration of Restrictions ("Restriction"):
Declaration of Restrictions recorded on April 09, 2004 from lmmokalee Senior Housing, Ltd,
("Owner") to Board of County Commissioners of Collier County securing those certain
Covenants of land in the original amount of Eighty Six Thousand One Hundred Twenty-Two
Dollars ($86,122.00), which Restrictions are recorded in the following:
Otlicia1 Records Book 3539, Pages 0270 through 0272, inclusive,
of the Public Records of Collier County, Florida, encumbering certain property located in Collier
County, Florida, as more particularly described in the Restriction and the attached legal
description; and
This lien was to secure a claim of the Lien Holder against the Owner for the following:
For infrastructure on 2.33 acres in Immokalee, FL to enable Immokalee Senior Housing, L TO to
construct thirty (30) new one- and two-bedroom rental units targeted to very low-income elderly
residents.
Now in consideration of Eighty Six Thousand One Hundred Twenty-Two Dollars ($86,122.00)
paid by Owner, the receipt and sutliciency of which are acknowledged, Lien Holder does hereby:
I. Release, discharge, and terminate the above Restriction and certify that the claim secured
thereby has been fully paid and satisfied;
2. Authorize and direct the Clerk of the Circuit Court in and for Collier County to discharge,
cancel, the Restriction; and
3. Release and forever discharge the Owner from all claims, causes of action, demands and
liabilities of whatever nature which the Lien Holder ever had, now has or hereafter may
have in connection with the above Restriction.
This instrument shall bind Lien Holder and its heirs, legal representative, successors and assigns.
This instrument shall inure to the benefit of Owner and its heirs, legal representatives, successors
and assigns.
1601
IN WITNESS WHEREOF, this Release of Restriction is executed under seal on the 2 3 r J.
day of (\i\ A('-~~,2010.
ATTEST:
DWIGHT E, B~OCK,~lerk
'J.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,
By: )1. t J... C0 C".....~,Q,~
FRED W. COYLE, CHAIRMAN" ,
By: J)..uu ~O ,c. .
", . '.' .y Clerk
AiltItK .. ..""'...... ..
"i_MI .l~'
Approved as to form and
leg:~ufficiency: ........ ~.
, ~.
Je f E. Wright
A ~t County Attorney
1601
LEGAL DESCRIPTION
A portion of the southeast Y. of the southwest Y. of Section 33, Township 46
south, Range 29 east, Collier County, Florida, being more particularly described
as follows:
commence at the southwest comer of the northwest Y. of the southeast Y. of the
southwest Y. of said section 33, thence n. 00'00'20" W., along the west line ofthe
northwest Y. of the southeast Y. of the southwest Y. of said section 33 (said line
also being the centerline of II th Street North), a distance of 194.68 feet, thence n.
89'50'40" e., parallel with the north line of the northwest Y. of the southeast Y. of
the southwest 1/4 of said section 33, a distance of 30.00 feet to the east right-of-
way line of said II th Street North and the point of beginning of the parcel of land
herein described, thence north 89'50'40" east, a distance of 53.65 feet, thence
south 00'07'58" east, a distance of 202.04 feet, to a point of curvature thence
southeasterly, 39.24 feet along the arc of a circular curve, concave northeasterly,
having a radius of 25.00 feet, through a central angle of 89'56'09" and being
subtended by a chord which bears south 45'06'02" east, 35.34 feet to a point of
tangency; thence north 89'55'53" east, a distance of 136.98 feet, thence south
00'05'13" west, a distance of 12.20 feet, thence north 89'59'43" east, a distance
of 84.14 feet to a point of the west line of the northwest Y. of the southwest Y. of
the southeast Y. of the southwest Y. of said section 33, thence south 00'00'45"
east, along last said line, a distance of 288.89 feet to a point on the south line of
the northwest Y. of the southwest Y. ofthe southeast Y. of the southwest Y. of said
section 33, thence south 89'54'32" west, along last said line, a distance of 300.26
feet to a point on the east right-of-way of said II th Street North, thence north
00'00'20" west, along the north right-of-way line of said II th Street North, a
distance of 528.23 feet to the point of beginning, containing 101.785 square feet
or 2.337 acres more or less.