Resolution 2001-242
RESOLUTION NO. 2001- 242
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE A LOT LINE ADJUSTMENT AFFIDAVIT PERTAINING TO THE
COUNTY AND cpoe DEVELOPMENT COMPANY, L.L.C., AND
APPROVING THE STATUTORY EXCHANGE OF PROPERTY ENABLING
THE COUNTY TO CONSTRUCT A PARKING FACILITY FOR THE
PROPOSED COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES BUILDING.
WHEREAS, the StafTofCollier County and representatives ofCPOC Development Company,
L.L.c. (CPOC), have prepared an agreed upon, written Lot Line Adjustment Affidavit (Affidavit)
pertaining to the exchange of County owned - and privately owned - properties to enable the County to
construct a parking facility to accommodate parking needs for the proposed Community Development
and Environmental Services Building; and
WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of
public and private properties has been properly advertised two (2) times in the Naples Daily News, a
newspaper of general circulation in Collier County; and
WHEREAS, the Board of County Commissioners of Collier County (County), based on the
facts and recommendations from Staff, now finds that the County's fee interest in a portion of Lot 9,
East Naples Industrial Park, is intended therein to be conveyed by the County, and is no longer needed
or required by the County for a County purpose, and that the conveyance of same to CPOC would be
in the best interest of the County, provided the County receives from CPOC fee title to a portion of Lot
10, East Naples Industrial Park, and any easements necessary to ensure legal ingress and egress, as
similarly described in the Affidavit, which shall be used by the County to construct a parking facility;
and
WHEREAS, by this Resolution the Board of County Commissioners desires to authorize its
Chairman to execute the Lot Line Adjustment Affidavit, attached hereto, and take such other action
needed to complete the subject property exchange,
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1.
restated;
The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully
2. The Board of County Commissioners of Collier County, Florida, hereby directs and
authorizes its Chairman, on behalf of this Board, to execute the Lot Line Adjustment Affidavit,
attached hereto, hereby approves the exchange of property described therein and any acts needed to
convey and accept the public and private properties, respectively, so as to enable the construction of a
proposed parking facility; and
3. This Resolution shall take effect immediately upon adoption.
, .: ADOP~Dthis ~day of ~
favonng adopt1On. .
, 2001 after motion, second and majority vote
ATTEST:
D\~IGHT E. BROCK; Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, F A
By: ~.t:t1..;,~~ ~ ./
GJJ.l~ .. ~A~ Deputy Clerk
Attest'ie'to Chlln.an's
S1gnlturt only.
f3~~
Patrick G. White
Assistant County Attorney
This instrument prepared by
and after recording return to:
Leo J. Salvatori, Esq.
Quades & Brady, LLP
4501 Tamiami Trail North
Suite 300
Naples, Florida 34103
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LOT LINE ADJUSTMENT AFFIDAVIT
NOW COMES, Thomas C. Lund, President of TCL REALTY, INC., an Illinois corporation,
as Manager of CPOC Development Company, L.L.C., a Delaware limited liability company
("CPOC"); and James D. Carter, PhD, as Chairman of the Board of County Commissioners for
Collier County, Florida ("County"), who being duly sworn, depose and say that:
CPOC Development Company, L.L.C., a Delaware limited liability company, is the
owner and holder of fee simple title to the premises described-in Exhibit A attached
hereto, which property is hereafter referred to as "Lot 10".
Whereas, Collier County, a political subdivision of the State of Florida, is the owner of
the premises described on Exhibit B attached hereto, which property is hereafter
referred to as "Lot 9/'
CPOC and County desire to adjust the common lot line between said Lot 9 and Lot 10,
so that portion of Lot 9 described on Exhibit A-1 becomes annexed to and part of Lot
10; and that portion of Lot 10 described on Exhibit B-1 becomes annexed to, and part
of Lot 9.
o
The foregoing lot line adjustment constitutes an insubstantial boundary change between
the adjacent parcels within the meaning of Section 3.2.4.8.1 of the Collier County Land
Development Code (LDC).
The lot line adjustment meets the standards of, and conforms to, the requirements in
accordance with Section 3.2.4.8.2 LDC, in that both CPOC and the County consent
to the lot line adjustment.
o
The existing properties are not an existing nonconforming lot within the meaning of
Section 3.2.4.8.3. LDC, and the resulting lots will conform to the standards of th~_~
LDC. ~-
Furthermore, the lot line adjustment will not affect the development rights or permitted
density or intensity of use of the affected lots by providing the opportunity for the
creation of new lots for resale or development within the meaning of Section 3.2.4.8.4
LDC.
QBNAP\260662.3
a written request within the meaning of that section. A
This Affidavit has been reviewed and approved by John M. Dunnuck, III,
Community Development and Environmental Services Administrator Interim
Florida on this ~,z;~day of .__~__~, 2001. of Collier County,
CPOC Development Company, L.L.c., a
Delaware limited liability COmpany
ICorporate Seal)
By: TCL REALTy, INC., an Illinois
c°r~ger
COLLIER COUNTY, a political subdivision
of the State of Florida
Dwight E. Brock, Clerk of Courts
Q8NAP\260662,3
-2-
STATE OF FLORIDA
COUNTY OF COLLIER
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T,~ foregoing instrument was sworn to and acknowledged before me this ~(,,~VI, day of
~ , 2001, by Thomas C. Lund, as President of TCL REALTY, INC.', an Illinois
corporation, as Manager of CPOC Development Company, L.L.C., a Delaware limited liability
known to me.
company, w~._~
My Commission Expires:
~.~_~, Nicole M Margtn~n
~[~, My Commission CC885905
%~-r~,.~ Exp es November 4. 2003
Signatur~ of Nota~~-' ~'
Name of Notary Printed
Serial Number, Commission
Number (if any) Printed
QBNAP\260662.3 -3-
Exhibit A 16 ~,15 ~
Lot 10, East Naples Industrial Park, recorded in Plat Book 10, in Pages 1 14 and
1 15, of the Public Records of Collier County, Florida.
N oo'o8'1~' w '~8o.oo
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Exhibit B
Lot 9, East Naples Industrial Park, recorded in Prat Book 10, in Pages 1 14 and
1 15, of the Public Records of Collier County, Florida.
3-2001 BES 20002416~O0:~416SDLX
W 180.00
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N 00~)8'18" W 180.00 '(P)
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