Agenda 12/02/2008 Item #10F
Agenda Item No.1 OF
December 2, 2008
Page 1 of 17
~
EXECUTIVE SUMMARY
Recommendation that the Board of COWlty Commissioners provide direction to staff for
the disposal ofDelasol Neighborhood Park
Obiective: That the Board of COWlty Commissioners provides direction to the COWlty
Attorney and the COWlty Manager, or his designee, related to disposition and or disposal
of properties identified to be a neighborhood park within the DelasoI PUD.
Considerations: On January 15,2008, the Board ofCoWlty Commissioners voted 4-1 to
(a) not proceed with Delasol Neighborhood Park, (b) revise the PUD if necessary and (c)
for staff to return with recommendations regarding disposing of the property.
(a) All plans to proceed with developing the park were ceased and Q, Grady Minor, the
consultant working with staff on the project was directed to provide both invoices paid to
date and any outstanding invoices to determine current costs associated with the project.
The total cost to date for services rendered is $36,342.50.
(b) Furthennore, discussions with CDES staffreflect fees associated with amending the
PUD to be approximately $15,250. A breakdown of the fees associated with these costs
is as follows:
--
ITEM COSTS
PUD Application Fee (Base Fee) $6,000
PUD Application Fee (Acreage Fee) $3,650
Fire Review Fee $150
Comprehensive Plan Consistency Review $2,250
Fee
Easement Vacation Fee $2,000
Collier County Planning Commission $760
Advertising cost
Board of County Commissioners $440
Advertising cost
Total *$15,250
* Additional fees may apply and would be detennined at the time of the pre application process with CDES to pursue amending the
PUD. lbey include Environmental Impact Study (EI5) fee of $2,500; a Listed Species Survey Review Fee of $1,000, which would
apply if an EIS is not required; and a Transportation Methodology Fee (from $500 to $1,500)
,-
Agenda Item No.1 OF
December 2, 2008
Page 2 of 17
In addition, CDES staff has indicated that by working with Parks and Recreation staff,
CDES staff time would amount to 30 hours @ $100 per hour for an expense of
approximately $3,000 to complete the PUD amendment process.
Costs associated with public noticing for the amendment of the PUD would amount to
approximately $1,200 and the Delasol Homeowners Association has indicated that they
would be willing to pay these costs.
The text of the PUD states: "Within the project, the developer shall dedicate a minimum
of one (1) acre of property to Collier County for the development of a neighborhood park
which is accessible by the general public." In addition the PUD Master Plan contains
text that refers to the same dedication requirement language and also provides for and
indicates the location of a 20- foot wide public pedestrian access point to the
neighborhood park inside the development from Lakeland Avenue, outside the
development, abutting the Willoughby Acres subdivision.
(c) Subsequent to the Board's decision, an unrecorded agreement between the Board and
the developer, Centex, was discovered which limits the County's options in disposing of
the Park Property. According to an Agreement for Dedication dated July 29, 2003:
"2. Upon Acceptance of Centex's dedication, Centex shall be entitled to an impact
fee credit against the County's Park Impact Fee requirements in the amount of
$39,761.
7. If the County, by action of the Board of County Commissioners, determines not
to construct a park on the Park Property, it will execute an appropriate instrument
releasing the Park Property from the dedication obligation.
8. This Agreement shall be binding upon the successors and assigns of the parties,
and is for the benefit of, and may be enforced by, the parties hereto or their assigns,
including the Delasol Homeowners Association, Inc. The parties agree that specific
peiformance and/or mandatmy injunction as appropriate shall be available remedies
for the enforcement of this Agreement."
This Agreement provided that Centex would be entitled to an impact fee credit for the
dedication of the one acre park by dedication on the plat. Records revealed that this
impact fee credit was not received by Centex. Officials with Centex have agreed to
waive this entitlement and formally release the County from any future claim arising out
of this obligation,
Although the PUD contemplates the entry of a developer's contribution agreement
pursuant to s. 2,2,20,3.7, of the LDC, it is silent as to the release of the Park Property in
the event the County decides not to construct a park. Nonetheless the Agreement seems
to reflect the Board's decision to permit the return of the Park Property in this instance,
Consequently, if the Board intended to be bound by this Agreement, its subsequent
decision (0 halt construction on the Park Property will require that the County execute a
Agenda Item No.1 OF
December 2, 2008
Page 3 of 17
recordable instrument releasing the Park Property from the dedication. Because the Park
Property was also conveyed by Warranty Deed to the County, staff proposes that the
County re-convey the Park Property to the Delasol Homeowners Association.
The Delasol HOA has agreed to the County retaining the 20 foot platted access easement
provided it is shortened to extend from Euclid Ave. to approximately 10 feet from the
south boundary of Tract U. This easement will expire in 5 years if not used by the
County. To modify the access casement, the County will be required to proceed with a
partial vacation of platted easement in accordance with Resolution No. 2006-160. The
Delasol HOA will cooperate in the vacation of the platted easement to ensure the above
terms are met.
LEGAL CONSIDERATIONS: The developer has conveyed the one acre site to the
County for development ofa park site pursuant to Section 6.14 of Ordinance No. 00-80,
by dedication in the Delasol Phase Two subdivision plat recorded in Plat Book 41 Page
51 et seq of the Public Records of Collier County and by warranty deed in OR Book 4165
page 122 of the Public Records of Collier County. Although a PUD amendment is
technically required to remove the PUD commitment, this should not be necessary since
the property was conveyed and the BCC no longer desires a neighborhood park for the
public in this location.
The Dedication Agreement provides that the Park Property, if not used for the intended
public purposes, should be returned to the developer, or its assigns, which is presently the
Delasol HOA. In keeping with this Agreement, together with Board direction, staff has
prepared a Quitclaim Deed that complies with Section ]25.411, FS, which conveys this
Park Parcel to the HOA. The Park Parcel is zoned CR, Common Area/Recreation by
PUD Ordinance No. 00-80, which allows lakes, open space/preserve areas, pedestrian
and bike paths, docks, outdoor recreation and a clubhouse. To reduce the County's
exposure against any claim that might arise out of this conveyance, staff has obtained an
Indenmity Agreement with the HOA, in which the HOA agrees to defend and hold the
County harmless against all claims which might arise involving this matter. To further
reduce the County's exposure, the County and the fornler Developer (Centex) have
agreed upon a Mutual General Release. A copy of these documents is included in this
agenda package,
This matter is legally sufficient for Board action. This item is not-quasi-judicial and as
such, there is no requirement for disclosure of ex parte communications. A majority vote
of the Board is necessary for Board action. -HF AC
Fiscallmllact: There has been a total of $36,342.50 spent to date on the development of
Delasol Neighborhood Park. There has been no payment of impact fee credits to Centex
for the acceptance of the parceL It is anticipated if the PUD were amended by Parks and
Recreation Department an additional $12,050 would be spent on fees associated with
CDES to accomplish this task along with costs associated with CDES staff of
approximately $3,000. There is a $2,000 easement vacation application fee that would be
applied should it be required. There are sufficient funds in Project #806051 to meet these
Agenda Item No, 10F
December 2, 2008
Page 4 of 17
expenditures. The Delasol HOA has indicated that they will pay for advertisement costs
up to $1,200 associated with amending the PUD should the Board of County
Commissioners require this action, There will be costs associated with recording, which
costs should be paid by the Delasol HOA, in an amount not to exceed $60.
Growth Manal!ement Impact: Neighborhood parks are not inventoried in the Growth
Management Plan.
Recommendation: That the Board of County Commissioners authorizes the Chairman
to direct staff as to one of the following options:
Option 1:
1. Amend the PUD solely for the pwposes related to the matter of a public park,
direct CDES staff to assist the Parks and Recreation Department in the processing
of the PUD amendment petition; and authorize the payment of associated costs
associated from Project #806051.
2. Authorize the Chairman to execute a Quit Claim in the form attached hereto and
condition closing on this conveyance upon receipt of a release from Centex in
favor of the County as to all claims arising out of the Dedication Agreement and
an Indemnity Agreement with the HOA, in which the HOA agrees to defend and
hold the County harmless against all claims which might arise involving this
matter.
Option 2:
1, Find that construction of the Park Property will not serve the public interest and
direct staff to forego a PUD amendment.
2. Authorize the Chairman to execute a Quit Claim in the form attached hereto and
that any future plat amendments are responsibility of grantee; and condition
closing on this conveyance upon receipt of a release from Centex in favor of the
County as to all claims arising out of the Dedication Agreement and an Indemnity
Agreement with the HOA, in which the HOA agrees to defend and hold the
County harmless against all claims which might arise involving this matter.
Prepared by: Barry Williams, Director, Parks and Recreation Department
Page 1 of 1
Agenda Item No, 10F
December 2, 2008
Page 5 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
10F
Recommendation that the Board of County Commissioners provide direction to staff for the
disposal of oela501 Neighborhood Park.
12/2/2008900:00 AM
Item Number:
Item Summary:
Prepared By
Barry Williams
Director
Date
Public Services
Parks and Recreation
10/9/2D081 ;12:48 PM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
11/24/20081:38 PM
Approved By
Sue Zimmerman
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
11/24/20082:54 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
11/24/20D8 2:59 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/24/20084:30 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/25/20081:48 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
11/25/20082:35 PM
file://C:\AgendaTest\Export\117-December%202,%202008\1 0.%20COUNTY%20MANA... 11/25/2008
Agenda Item No, 10F
December 2, 2008
Page 6 of 17
MUTUAL GENERAL RELEASE
1. In exchange for good and valuable consideration, the receipt of which is hereby
acknowledged, CENTEX HOMES, a Nevada general partnership (hereafter "Centex") and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereafter the
"County") hereby release and forever discharge each other from any and all claims, entitlements,
causes of action, debts, or any other legal action in law or equity, which were or could have been
raised, and any other cause of action in law or equity that the parties may have against each
other, their agents, employees and principals regarding that certain Agreement for Dedication
dated July 29, 2003 between Centex and the County (the "Agreement"), a true copy of which
being attached hereto and incorporated by reference. This release specifically includes, but is not
limited to, any claim by Centex of entitlement to impact fee credits referenced in the Agreement.
The purpose of this release is for each party to release all of the other parties from any and all
claims or causes of action of any nature from the beginning of the world to the day of these
presents,
2. The acceptance of this General Release and anything contained herein shall not be
construed as an admission or acknowledgment of any liability or wrongdoing by any of the
parties. The parties also agree that this document may be executed in counterparts and
transmitted to one another by facsimile transmission and taken together the faxed counterparts
shall constitute a binding agreement. The parties hereby declare that they have read this Mutual
General Release in its entirety and know the contents thereof, that they have had the benefit of
the advice of independent counsel of our own choosing and that they have signed it as their own
free act and deed,
This Release is understood and agreed to on this _ day of
,2008.
Witnesses:
CENTEX:
Centex Homes, a Nevada general
partnership
By: Centex Real Estate Corporation, a
Nevada corporation, its managing
general partner
Print Name
By:
Name:
Its:
Print Name
STATE OF
COUNTY OF
Before me, the undersigned notary public, appeared
of Centex Real Estate Corporation, managing general partner of Centex
Agenda Item No, 10F
December 2, 2008
Page 7 of 17
Homes, who is personally known to me or was identified by driver's license, and who
acknowledged freely executing this Release and who took an oath on this _ day of
,2008,
Notary Public
Printed Name of Notary
My Commission Expires:
Witnesses:
COUNTY:
Collier County, Florida
By its Board of County Commissioners
By:
Name:
Its:
Print Name
Print Name
STATE OF
COUNTY OF
Before me, the undersigned notary public, appeared
of the Board of County Commissioners of Collier County, Florida, who is
personally known to me or was identified by driver's license, and who acknowledged freely
executing this Release and who took an oath on this _ day of , 2008.
Notary Public
Printed Name of Notary
My Commission Expires:
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
Agenda Item No, 10F
December 2, 2008
Page 8 of 17
INDEMNITY AGREEMENT
In consideration of TEN DOLLARS and 0/100 ($10.00) and other good and
valuable consideration, receipt of which is acknowledged, DELASOL HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit corporation (hereafter "DelasoI"), agrees
to indemnify and hold harmless the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA (hereafter the "County"), from and against any
liability, damages, reasonably attorney's fees or costs the County may suffer as a result of
claims, demands, judgments against it arising out of:
a) the County's election to not construct and maintain a public park on Tract "u"
in Phase Two of the Delasol subdivision, as such tract is further identified on the Plat of
Delasol Phase Two, recorded in Plat Book 41, Pages 51 through 55, Collier County,
Florida Public Records (hereafter referred to as the "Park Parcel"); and
b) the County's election to release the dedication of the Park Parcel and convey
the Park Parcel to Delasol pursuant to the Agreement for Dedication dated July 29, 2003
between the County and Centex Homes.
The County agrees to give Delasol fifteen (15) days' written notice of any claim
made against the County on the obligations indemnified against.
The obligations of Delasol hereunder to indemnify the County do not include any
claims against the County associated with the County's retention of all or a portion of the
twenty (20) foot access easement shown on the Plat of Delasol Phase Two initially
dedicated for access to the Park Parcel.
2008.
This Indemnity Agreement is understood and agreed to this _ day of October,
Witnesses:
Delasol Homeowners Association,
Inc., a Florida non-profit corporation
Print Name
By:
Name: James R. Culkar
Its: President
Print Name
STATE OF
COUNTY OF
Agenda Item No, 10F
December 2, 2008
Page 9 of 17
Before me, the undersigned notary public, appeared James R. Culkar, president of
Delasol Homeowners Association, Inc., who is personally known to me or was identified
by driver's license, and who acknowledged freely executing this Release and who took an
oath on this _ day of , 2008.
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
Notary Public
Printed Name of Notary
My Commission Expires:
Agenda Item No, 10F
December 2, 2008
Page 10 of 17
DELASOL HOMEOWNER'S ASSOCIATION, INC.
c/o Inte~rated Property Management
3435 10 Street N, Suite 201
Naples, Florida
To: Board of County Commissioners of Collier County, Florida
Re: Disposal of Tract U ("Delasol Park Property")
Please accept this letter as confirmation that the Board of Directors for the
Delasol Homeowners Association, Inc, ("Association") has voted to contribute up to
$1,200,00 for advertising public notice of any PUD amendment required in connection
with the County's release of the park dedication and conveyance of the Delasol Park
Property to the Association,
Sincerely,
James R. Culkar
Association President
Agenda Item No, 10F
December 2, 2008
Page 11 of 17
MEMORANDUM
Date:
July 30, 2003
To:
John Houldsworth, Senior Engineer
Planning Services
From:
Trish Morgan, Deputy Clerk
Minutes & Records Department
Re:
Agreement for Dedication - Park in Delasol
Enclosed please find one copy of the document as referenced
above (Agenda Item #16A9), approved by the Board of County
Commissioners on July 29, 2003.
The original agreement is being retained for the record.
If you should have any questions, please contact me at:
774-8406. .
Thank you.
Enclosure
Agenda Item No.1 OF
December 2, 2008
Page 12 of 17
AGREEMENT FOR DEDICA nON
This Agreement is made this ~day of~, 2003 by and between Centex
Homes, a Nevada general partnership ("Centex") and the Board of County Commissioners of
Collier County, Florida ("County"), and together, "the Parties".
RECITALS
Centex is the owner of certain real property in Collier County zoned "PUD by Ordinance
No, 2000-80, and known as the Madeira Planned Unit Development Ordinance (the PUD") to be
developed by Centex as a residential community called Delaso!. The real property covered by
the PUD and this Agreement is described in the PUD, a copy of which is attached hereto as
Exhibit A.
Pursuant to Section 6.14 of the PUD, Centex has agreed to dedicate to the County one (1)
acre of property within the PUD for development by the County of a neighborhood park. This
Agreement shall. set forth the terms and conditions of such dedication and shall constitute the
impact fee credit agreement provided for in the PUD.
WITNESSETH
For and in consideration of the mutual promises contained herein, the Parties agree as
follows:
I. As provided in the PUD, Centex shall dedicate to the County the one (1) acre parcel (the
"Park Property") identified as "Public Park" by dedication on the plat of Delasol Phase Two (the
"Plat'') attached hereto as Exhibit B and made a part hereof. The dedication will be deemed to
have been made upon the approval of the Plat by the Board of County Commissioners; however,
Centex shall be responsible for maintaining the Park Property in accordance with applicable
County regulations until the earlier of (I) 50 % build out of the project, which, for purposes of
this agreement shall mean the issuance of a certificate of occupancy for the residence which, -
together with all previously issued certificates of occupancy, represents one-half of the number
residential lots approved by the plats of Delasol Phase One and Delasol Phase Two, or (2) the
County shall commence construction of a neighborhood park. Centex shall have the right to go
upon the Park Property to maintain the property and to enable Centex to install subdivision
improvements on the PUD property. Following the dedication, the County shall be responsible
for all then due real estate taxes and/or assessments, if any, that previously have been, or in the
future may be, imposed by any govemmental authority on the Park Property,
2. Upon acceptance of Centex' s dedication, Centex shall be entitled to an impact fee credit
Agenda Item No, 10F
December 2, 2008
Page 13 of 17
against the County's Park hnpact Fee requirements in the amount of$ 39,761.
3. Centex, as part of the plat process, will grant the County a 20 foot non-exclusiye
easement for public access as shown on the Plat. The County will be responsible for all costs
associated with access, including permitting. The County acknowledges that this access
easement, in whole or in part, will be upon lands that are the subject of a conservation easement
required by the South Florida Water Management District, A copy of the proposed conservation
easement is attached hereto as Exhibit C and the County acknowledges that the terms of the
conservation easement do not prohibit the COWlty, upon the issuance of required permits, from
constructing an access facility sufficient for the County's needs,
Centex acknowledges that the County will need to obtain appropriate permits for the
construction of the access facility from the South Florida Water Management District and/or the
U.S. Army Corps of Engineers. In the event that the required pennitting will necessitate a
modification of the District and Corps permits for the Delasol project that have been issued to
Centex or its successors, Centex agrees to the modification of such permits and will, upon
request of the County, execute such authorizations and consents as may be needed for the County
to apply for modification of the permits. In connection with the modification of tlie pencits, and
the construction and operation of the access facility, the County agrees as follows:
a. The County will be solely responsible for obtaining any necessary permits or
modifications of existing permits and constructing and operating the access facility, which
responsibility shall include, but not be limited to the payment of all costs in connection
therewith, including any additional mitigation costs.
b. The County shall ensure that its officers, agents, employees or contractors comply
with all applicable permit conditions and that the work is perfonced and the access facility
operated in such a manner as to avoid violatio!)S of the regulations of the pennitting agencies.
c. In the event that Centex or its successors, as pennit holder, is charged with the
violation of any permit condition or the violation of the regulations of any of the permitting
agencies in connection with the pencitting, construction, or operation of the access facility, the
County shall indemnify such permit holder for any and all costs of whatsoever kind or nature, .
including attorney's fees incurred by such permit holder as a result of such enforcement action.
4. The County acknowledges that Delasol will be a gated residential community with private
roads. Accordingly, except as provided below, there shall be no public access to the Park
Property through the roads in Delasol except for access by residents ofDelasoL'
5. The County, at such time as it determines in its sole discretion, will construct a
2
Agenda Item No, 10F
December 2, 2008
Page 14 of 17
neighborhood park as defined in applicable County policies and regulations on the Park Property.
Centex shall have no obligation to provide infrastructure, including, but not limited to, water'
management facilities or utilities to the Park Property. However, the County agrees that Centex
may install irrigation facilities and landscaping, and maintain the same, within the Park Property
prior to construction of the park at its own expense, and such facilities will become the property
oftbe County. Centex shall obtain approval from the Director of the Parks and Recreation
Deplll1ment prior to installing such facilities.
6. The County will maintain the park in a sightly condition in accordance with the County's
policies for trash pickup and mowing, and will regulate use of park facilities so that it does not
become a nuisance or eyesore to residents ofDelasol. Centex will grant access privileges to the
County for the use ofDelasol's roads for the purpose of construction and maintenance of the
Park Property.
7, If the County, by action of the Board of County Commissioners, determines not to
construct a park on the Park Property, it will execute an appropriate instrument releasing the Park
Property from tbe dedication obligation.
8. This Agreement shall be binding upon the successors and assigns of the parties, and is for
the benefit of, and may be enforced by, the parties hereto or their assigns, including the Delasol
Homeowners Association, Inc. The parties agree that specific perfonnance and/or mandatory
injunction as appropriate shall he available remedies for the enforcement of this Agreement.
In Witness Whereof, the parties have executed this agreement as of the date first above
written,
,
Signature Page Follows
3
Agenda Item No, 10F
December 2, 2008
Page 15 of 17
neighborhood park as defined in applicable County policies and regulations on the Park Property,
Centex shall have no obligation to provide infrastructure, including, but not limited to, water.
management facilities or utilities to the Park Property. However, the County agrees that Centex
may install irrigation facilities and landscaping, and maintain the same, within the Park Property
prior to construction of the park at its own expense, and such facilities will become the property
ofthe County. Centex shall obtain approval from the Director of the Parks and Recreation
Department prior to installing such facilities.
6. The County will maintain the park in a sightly condition in accordance with the County's
policies for trash pickup and mowing, and will regulate use of park facilities so that it does not
become a nuisance or eyesore to residents of Delaso!. Centex will grant access privileges to the
County for the use ofDelasol's roads for the purpose of construction and maintenance of the
Park Property,
7, If the County, by action of the Board of County Commissioners, determines not to
construct a park on the Park Property, it will execute an appropriate instrument releasing the Park
Property from the dedication obligation.
i--
8, This Agreement shall be binding upon the successors and assigns of the parties, and is for
the benefit of, and may be enforced by, the parties hereto or their assigns, including the Delasol
Homeowners Association, Inc. The parties agree that specific performance and/or mandatory
injunction as appropriate shall be available remedies for the enforcement of this Agreement.
In Witness Whereof, the parties have executed this agreement as of the date first above
written.
,
Signature Page Follows
3
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Agenda Item No, 10F
December 2, 2008
Page 16 of 17
Centex Homes, a Nevada general,
partnership
By: Centex Real Estate Corporation, a
Nevada corporation, its managing general
~
\U
By: Tim Rucmler
Division President
-
ATTEST:
Dwight E. Brad(. Clerk
. ~ . - I >..
.:::'.
..
COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUN1Y
COMMISSIONERS
.~ ."
-
By. ~;;I~ ,'<t., ~. ~
At&r~li:~il"Uft's
s1gnature:.Only.
Tom
Approved as to form and
V;(~\Jhe>
~OI' David C, Weigel ~",,~I()l, G.wl\ \\Ii:
County Attorney
,
4
PARCEl: Delaso1 Tract"lJ"
Agenda Item NO. r10F
December 2, 008
Page 17 f 17
i .
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this _ day of , 2008, by
COLLIER COUNTY, FLORIDA, a political subdivision of the Slate of Florida,
(hereinafter called the Grantor), to Delasol Homeowners Association, Inc" a not-for-
profit Florida corporation, its successors and assigns, whose post-office address is_
(hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee- include all the parties to
thi6 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, tille, 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:
Tract "U", as depicted on Plat of Delasol Phase Two, Recorded in Plat Book 41,
Pages 51 through 55, as recorded in the public records of Coiller County, Florida
Subject to easements, restrictions, and reservations of record and the following
restrictive covenant:
Thi6 property may only be used for purposes as set forth in PUD Ordinance oo-aO.
This covenant shall run with the land,
The Grantor acknowledges by execution of this deed that the dedication of Tract U
for a public pari< expressed on the Plat of Delasol Phase Two Is hereby repudiated. By
acceplance and recording of this deed, Grantee assumes all responsibility for any future
vacation of this plat dedication, if such vacation becomes necessary.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the eslata, 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.
DATE:
COlLIER COUNTY, FLORIDA
ATTEST: DWIGHT E, BROCK, Clerk
, Deputy Cieri<
BY:
TOM HENNING, Chairman
Approved as to form and legal sufficiency:
Heidi Ashton, @
Assistant County Attorney
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