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Agenda 06/24/2008 Item #16E 6 Agenda Item No. 16E6 June 24, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Statutory Deed for the conveyance of a GAC land Trust Reserved List Parcel to the Conservation Collier Program that will provide revenue in the amount of $116,914.00 for the GAC land Trust Fund. OBJECTIVE: To obtain approval and execution from the Board of County Commissioners (Board), acting in their capacity as Trustee of the GAC Land Trust, of a Statutory Deed, for the conveyance of a GAC Land Trust Reserved List Parcel to the Conservation Collier Program that will provide revenue in the amount of $116,914.00 for the GAC Land Trust Fund. CONSIDERATIONS: Brief History: On November 15, 1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The conditions of the dedication include that the property or revenue from the sale are to be used for fire and police protection facilities and services, public schools, libraries, and recreational facilities for existing and future residents and visitors of Collier County. All capital improvements must also be physically located within the geographical boundaries of Golden Gate Estates. In addition, on November 1, 1988, Item 14B3, the Board of County Commissioners approved the creation of a GAC Land Trust Reserved List, which set aside a portion of the GAC property in anticipation of greater future marketability potential or for future government needs spawned by growth in Golden Gate Estates. At their May 27, 2008 meeting, the GAC Land Trust Committee heard a presentation from Alex Sulecki on behalf of the Conservation Collier Program requesting the removal and conveyance of a 7.38 acre parcel identified as Unit 53, Tract 1 (hereinafter referred to as "Land") from the Reserved List. The Land is being acquired by Conservation Collier as it is located within the boundaries of the Unit 53 multi-parcel project. The GAC Land Trust Committee recommended with a vote of 3-0 (fourth member abstained) that the Board of County Commissioners remove the Land from the Reserved List to be sold to Conservation Collier at 100% of appraised value. The Conservation Collier Land Acquisition Committee approved this transaction on June 9, 2008, and voted to recommend Board approval for this transaction. A location map showing the subject parcel is attached for reference. The Statutory Deed has been approved by the County Attorney's Office and a Reverter Discharge and Release has been received from Avatar Properties Inc. acknowledging the conveyance of the Land. FISCAL IMPACT: Recording costs not to exceed $20.00 will be paid from the appropriate 605 Operating Fund. Funds in the amount of $116,914.00 will be transferred from the Conservation Collier Trust Fund (172) into the GAC Land Trust Fund Account 605-122390-364220 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The attached Statutory Deed has been reviewed and approved by the Office of the County Attorney for legal suffiCiency - JAB. Agenda Item No. 16E6 June 24, 2008 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, 1) approves the attached Statutory Deed providing for the conveyance of Land to the County; 2) authorizes Chairman Henning to execute the Statutory Deed; 3) directs the County Manager or his designee to record the Statutory Deed in the Public Records of Collier County, Florida; and Acting as County, 1) accepts the Statutory Deed; and 2) authorizes the payment from the Conservation Collier Program in the amount of $116,914.00. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Department of Facilities Management. /".-. Page I of I Agenda Item No. 16E6 June 24, 2008 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E6 Meeting Date: Recommendatlon to approve a Statutory Deed for the conveyance of a GAC Land Trust Reserved List Parcel to the Conservation Collier Program that will provide revenue in the amount of $116,914,00 for the GAC Land Trust Fund, 6/24/2008 9:0000 AM Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 6/12/20081:30;15 PM Approved By Alexandra J. Sulecki Senior Environmental Specialist Date Administrative Services Facilities Management 6/12/20082:18 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 6/12/20082:53 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 6/12/2008 3;03 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 6/12/20084;52 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6/12/20085:01 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/13/2008 8:12 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/16/2008 8:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/16/2008 1 :27 PM file://C:\AgendaTest\Export\ll 0-June%2024, %202008\ l6.%20CONSENT%20AGENDA \1... 6/18/2008 Agenda Item No. 16E6 June 24, 2008 Page 4 of 6 STATUTORY DEED THIS DEED, made this _ day of , 2008, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called the Grantor. to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ON BEHALF OF THE CONSERVATION COLLIER PROGRAM, having a mailing address of 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to It in hand paid by the Grantee, receipt whereof is hereby acknowledged. has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida, hereinafter referred to as the Lands: Tract 1, Golden Gate Estates, Unit 53, according to the plat thereof as recorded in Plat Book 7, Page 93 of the Public Records of Collier County, Fiorida. Subject to easements, restrictions, and 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 DF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, CHAIRMAN Appr;lved as to form & legal 8ufflclency wf9 p,!f,~e.-~ _ ountyA or y Agenda Item No. 16E6 June 24, 2008 Page 5 of 6 ~ REVERTER DISCHARGE II. RELEASE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc., a Florida corporation, flk/a GAC Properties Inc" fins! party, for and in consideration of the aum 01 Tan and No/100 ($10.00) DOllans, Of other valuabla considerations, _from or on bahen of Collier County, a political subdivi.lon of the stala 01 Florida, second Polly, the receipt whereof is hereby acknowledged. (Wherever used herein the tenns "first party" and "second patty" shall include aU the partIes to this Instrument and their respective SUccesIO~ SInd assigns.) HEREBY remises. releases, acquits, satisftes, and forever discharges the (1) the restrictions on. the use of the property and the uae of the proceed. under Parograph 5; (2) the appraisal requirements contained in Paragraph 7: (3) the first party's right of first refusal contained in Paragraph 8; all part 01 the Agreement dated November 15, 1983, a. amended between Avatar Properties Inc., ffk/a GAC ProperUes Inc., and Collier County, a political subdivision of the State of Florida, aa recorded in Official Record. Book 1340 al Page 0270 in the Public Records of Collie~ County, Florida, for the lands described as follows: Tract " Golden Gate Eslate. unit 53, according to the plat thereof as recorded in Plat Book 7, Page 93 of the Public Records 01 Collier County, Florida This release is contingent upon the. tract beting owned by Collier County to be utill:z:ad for Conservation CoIner. v.<- ~TNESS WHEREOF, I have hereunto sat my hand and seal this /~ -day 01 V"-"- , A.D" 2008. Signed, sealdd and delivered in presence ot. . ~ ~ ~,o- (print name) :t:-~~/ r; '5~t:'f.I{.'. ;? (print name) AVATAR PROPERTIES INC., a Flon~ration BY: Lt/&tR~, Melis oross < ' Vice President .' Avatar Properties Inc. 201 Alhambra Circle Coral Gabl..., Florida 33134 (CORPORATE SEAL) J, ~ J ~ . I,;.; i ( 1; 'I ~ / STATE OF FLORIDA: "" _ .J _ COUNTYOFHICt~- ~ .H- Jt!e..l9regoing Reverter Discharge & Release was acknOWledged before me this .J.a. - day of ~ I LJ~ . 2008, by Melissa BoroS$, VICe President of Avatar Properties Inc.. a Florida corporatip['l, on behalf of the corporation. ~he ts oersonally kn~ tn me or who has produced LJ LA as identification. ,~ . ,'" IWIIIELG.'Pu ' ' . ' . HolIIyI'llllllc-SllltGlFlool:lll:. Cl. . . . EiI*IoOl:l20. 2ll1o' : , " C,", . "1lO_~12; '. i atl:lr; of l , ( int Name 01 Notary) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ,~ Approved as to lorm & legal sufficiency ~~r~ ~ 'ntyA 0 .y .to o' -.0'.) ~\' l:IlIl Zll: -U/ ...... ...... -U/ !till