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Agenda 04/22-23/2008 Item #16E 2 Agenda Item No, 16E2 April 22, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a Statutory Deed for the conveyance of GAC Land Trust Reserved Land required for a pond site for the Oil Well Road Expansion Project that will provide revenue in the amount of $200,000 for the GAC Land Trust Fund, OBJECTIVE: To approve and execute a Statutory Deed between 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 (Board) and Collier County, a political subdivision of the State of Florida (County), which provides for the conveyance of five acres from the GAC Land Trust Reserved List to be utilized for the Oil Well Road Expansion Project. 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, thereof, 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. ,-'- Issue: On November 20, 2006, a written request from the Transportation Department was presented to the members of the Golden Gate Land Trust Committee requesting the removal and conveyance of a five acre parcel identified as Unit 64, Tract 94 (hereinafter referred to as "Land") from the Reserved List for utilization as a pond site for the Oil Well Road Expansion Project. At their February 1, 2007 meeting, the GAC Land Trust Committee recommended unanimously that the Board of County Commissioners approve the removal of the Land from the Reserved List and authorize its conveyance to the County at the appraised value. The Statutory Deed has been approved by the County Attorney's Office and a Reverter Discharge & 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 $200,000 will be transferred from the Transportation Road Impact Fees and Gasoline Taxes into the GAC Land Trust Fund Account 605-122390-364220. GROWTH MANAGEMENT IMPACT: There is not impact to the Collier County Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves a Statutory Deed providing for the conveyance of Land to the County; authorizes Chairman Henning to execute the Statutory Deed; and directs the County Manager or his designee to record the Statutory Deed in the Public Records of Collier County, Florida; and Acting as County, accepts the Statutory Deed; and authorizes the payment from the Transportation Road Impact Fees and Gasoline Taxes in ,- the amount of $200,000, PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities Management Department Page 1 of 1 Agenda Item No. 16E2 April 22, 2008 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E2 Meeting Date: Recommendation to approve a Statutory Deed for the conveyance of GAC Land Trust Reserved Land required for a pond site for the Oil Well Road Expansion Project that will provide revenue in the amount of $200,000 for the GAC Land Trust Fund. 4/22/20089:0000 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 4/10/20083:28 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 4/10/2008 4: 1 0 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4/10/2008 4:27 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/11/20087:55 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4/11/20083:07 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/12/2008 2:39 PM file://C:IAgendaTestIExportl I 05-April%2022,%202008116,%20CONSENT%20AGENDAll... 4/16/2008 Agenda Item No. 16E2 April 22, 2008 Page 3 of 4 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 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE ST ATE OF FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, FL 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, its successors and assigns forever, the fOllowing described land lying and being in Collier County, Florida, hereinafter referred to as the Lands: Tract 94, Golden Gate Estates, Unit 64, according to the plat thereof as recorded in Plat Book 7, Page 64, of the Public Records of Collier County Florida, 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 OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Tom Henning, CHAIRMAN Agenda Item No, 16E2 April 22, 2008 Page 4 of 4 REVERTER DISCHARGE & RELEASE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc., a Florida corporation, tlk/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, or other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Rorida, second party, the receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and "second party" shall indude aU the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acqufts, satisfies, ad forever discharges the (1) the restrictions on the use of the property and the use of the proceeds under Paragraph 5; (2) the first parties reverter right under Paragraph 5; (3) the appraisal requirements contained in Paragraph 7; (4) the first party's right of first refusal contained in Paragraph 8; all part of the Agreement dated November 15, 1983, as amended, between Avatar Properties Inc., flkla GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 0270 In the Public Records of CoUier County, Florida, for the lands described as follows: Tract 94, Golden Gate Estates, Unit 64, according to the plat thereof as recorded in Plat Book. 7, Page 64 of the Public Records of Collier County. Florida. This release is contingent upon the tract being owned by Collier County to be utilized for the Oil Well Road Expansion Project. '~rfSS WHEREOF, I have hereunto set my hand and seal this I , A.D" 2006. JDt:::... day of AVATAR PROPERTIES INC., a Florida Corporation BY ?a.tIll..Ua. t ?fWc,L Patricia K. Fletcher Executive Vice President (p . t name) ~~~nt (print name) Avatar Properties Inc. 201 Alhambra Circle, Coral Ga~es, Flonda :!3134 (CORPORATE SEAL) STATE OF FLORIOA: COUNTY OF ~~g~ng Reverter Discharge & Release was acknowledged before me this I D- day of i . 2008, by Patricia K. Fletcher, Executive Vice President of Avatar Properties Inc., a Florida corporation, ~n behalf of the corporatIon. She IS personally known to me or 'Nho has produced -.J as identification. .,,-::,.:~ otILDl\V,lIIBERT . . \lv,-J'A.uJSSQltDOTl_ ...~..~-:x;'lt1es.CIc:Ulw8,2011 e~<lOIIIIIll'fMr,JqIl_"'" ~ounty Attorney