Lee County Board of County Commissioners

Transcription

1 Lee County Board of County Commissioners 1. REQUESTED MOTON: ACTON REQUESTED: Accept by donation, Parcel 10 for right-of-way necessary for the Charlee Road Special mprovements MSBU for paving and maintenance of the existing road; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees. WHY ACTON S NECESSARY: Charlee Road is currently a privately owned road and the County cannot initiate paving and maintenance without a fee interest. WHATACTON ACCOMPLSHES: Acquisition of right-of-way via Quit-Claim Deed bydonation from benefitted property owner. 2. DEPARTMENTAL CATEGORY: 06 COMMSSON DSTRCT #: 4 4. AGENDA: 5. REQUREMENT/PURPOSE: J...- CONSENT ADMNSTRATVE 125 APPEALS ORDNANCE PUBLC b ADMl, u. ~ WALKON OTHER RSN TME REQURED: 7. BACKGROUND: 3. MEETNG DATE: 6. REQUESTOR OF NFORMATON 02 A. COMMSSONER A B. DEPARTMENT ndedendent i r C. DVSON County Lands f-l.f%.5r/d~0?. By: Karen L.!A/ Fors th. Director Y//. L/, nmw The Board of County Commissioners created the Charlee Road Special mprovement MSBU on February 12, 2002, when it adopted Resolution Number The principal purpose of the project is paving and maintenance of the currently existing,oadway for Charlee Road in North Cape Coral, the cost of which will be assessed proportionately against benefitted property xvners. Arequirement for maintenance to be accepted by the County is to obtain Quit-Claim deeds from all benefitted property xvners. The attached is a copy of the deed received from the benefitted owner, the Shipman Family Limited Partnership. The original document is in the files of County Lands and will be recorded upon approval by the Board of County Commissioners. rhere remains 17 more properties for which deed conveyances to the County are required Uds are available in Account Number: jtaff Recommends Board approve the Requested Motion. 5. MANAGEMENT RECOMMENDATONS: 9. RECOMMENDED APPROVAL: L COMMSSON ACTON: APPROVED

2 THS Quit-Claim Deed, executed this /xday of &FL,2O&, by Shipman Family Limited Partnership, a Florida Limited Partnership and having its principal place of business at 3331 Diamond Key Court, Punta Gorda, FL 33955, Grantor, to LEE COUNTY, a political subdivision of the State of Florida, whose post office address is Post Office Box 398, Fort Myers, FL , Grantee: (The terms "Grantor" and "Grantee" include singular and plural, heirs,, legal representatives, and assigns of individuals, and the successors and assigns of corporations.) WTNESSETH, The Grantor, for and in consideration of the sum of $1.00 in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the Grantee, all the right, title interest, claim and demand that the Grantor has in the following described parcel of land located in Lee County, Florida. SEE SCHEDULE "X" ATTACHED HERETO TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. N WTNESS WHEREOF, The Grantor has signed and sealed these presents the day and year first above written. Family Limited Partnership.ldAR ORGNAL DOCUMENTS RETANED N COUNTY LANDS FLES FOR HARDLMG UPON ~OARQ ACCEPKA

3 Engineering A Division of,lbfh, nc. APRL 9,2002 JOB NO: %7001SKl2B.doc SHEET 1 OF 2 A 30 FOOT WDE PARCEL OF LAND LYNG N SECTON 5, TOWNSHP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORDA. DESCRPTON OF PARCEL CVL AGRCULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATON SURVEYNG & MAPPNG G!S Partners for Resulb Value by Design A 30 FOOT WDE PARCEL OF LAND LYNG N SECTON 6. TOWNSHP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORDA, BElNd MORE PARTCULARLY DESCRBED ASFOLLOWS: THE NORTH FEET OF THE FOLLOWlNG:DESCRBED LAND: PARCEL OF O.R. 2969, PAGE 211.$, PUBLC RECORDS OF LEE COUNTY, FLORDA. LOT 12, LEGALLYDESCRBED AS FOLLOWS TO WT: THESOUTH FEET OF THE EAST FEET OF THE WEST FEET OF THE NORTH FEET OF THE SOUTH FEET OF SECTON 6. TOWNSHP 43 SOUTH, RANGE 23 EAST. LESS THE FOLLOWNG: : THE EASTERLY ACRES OF LOT 12, OF CHAR-LEE RANCHETTES, UNRECGRDED LOCATED N SECTON 6, TOWNSHP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORDA; MORE PARTCULARLY DESCRBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAD LOT 12 ALSO BENG THE PONT OF BEGNNNG, RUN S.O ~.,, FEET; THENCE S W., FEET; THENCE N E., FEET; THENCE N.B E., FEET TO TH:E PONT OF BEGNNNG. SUBJECT TO ALL. EASEMENTS. RESTRCTONS, RESERVATONS AND RGHTS OF WAY OF RECORD: CONTANNG SQUARE FEET MORE OR LESS. REFER TO 8 % X 11 SKETCH. (SHEET 2 OF 2) NK EbiGNEERNG. A DVSON OF LBFH NC. NO Colonial Blvd., Suite 31 Fort Myers, FL (941) Fax: (941) PROFESSONAL. &ND FL. CERT. NO THE FRM SURVEi OR

4 NORTH UNE. SOUTH 1660: SECTON 6 / 60 ROM EASEMENT, O.R w bl PAGE q.f -?$ CHAR-LEE ui p RANCHETTES G g (UNRECORDED) vi HS SKETO S NOT VAl.lO WlTHCiJT THE SlGNAllJRE AN0 THE kwmal RASE0 SEAL OF A FLCft,OA UCERSEO SWVXX AR0 MAPPER i BJEC7 TO EASEMEN%, ESWJCTONS. RESERVATONS, ANO RGHTS OF WAY OF RECOW), EMNGS (F SHOb?4 NEREON) ARE B&C LPON TNE CERTERtlNE OF Z-MLEE NOAO FENG N.8.SZWE. SHEET 2 OF 2 SKETCH (NOT A SURVEY) A~~MDEPMCELCFAND LYNG N SECTON 6. TOWNSHP 43 SOUTH, RANGE 23 EAST LEE COUNTY. FLORDA ~~~~.. -~._., ,,.,,=,, rmn( (941) Fax: (941) 93,~0456 BPR k FBPE License No:

5 So r, 5 ~ THS NSTRUMENT PREPARED BY: Division of Count Lands Post Office Box Y 98 Fort Myers, Florida Strap No.: Parcel 10, Charlee Road MSBU STATE OF /%$&.@ COUNTY OF Lw. PARTNERS- AFFDAVT Before me, a notary public, appeared Jack A. Shipman, who, being first duly sworn, deposes and says as follows: 1. The Shipman Famil Limited Partnershi is current1 in existence under a valid partnership agreement; has not!z, een drssolved; and E as been, in Y ull force and effect during the entire time the partnership has held title to the real property. 2. Jayne H. Shipman, general partner of the Shipman Family Limited Partnership is deceased. A copy of her death certificate is recorded in Official Record Book 3439, page 3014, Public Records of Lee County, Florida. 3. Jack A. Shi man is the sole surviving and managing general partner of the Shipman Family Limited Pa rr nershrp and is fully empowered, in accordance with the partnershi agreement, to execute any and all documents necessary to convey title to the real prope! y, described in Exhibit A, to Lee County. FURTHER AFFANT SAYS NOT. Sworn to and subscribed before me this General Partner of the Shipman Family Limited rinted Name: Jack A. Shipman,2002, by Jack A. Shipman as Notary Signature c!!i&z&a Print, Type or Stamp Name of Notary OR Prodr%?l%$if%~ - Type of dentification w txw!..a. GXNTANHE Notary Pub%. 61alo oi Flcwlcla Mycomm.exp May 25, 2003 Comm No CCQ10209

6 P Scbeduk-)( SHEET 1 OF 2 i i,lb%h, nc. A 30 FOOT WDE PARCEL OF LAND LYNG N SECTON 6, TOWNSHP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORDA. DESCRPTON OF PARCEL CVL A 30 FOOT WDE PARCEL OF LAND LYNG N SECTON 6, TOWNSHP 43 AGRCULTURAL SOUTH, RANGE 23 EAST, LEE COUNTY, FLORDA, BENG MORE WATER RESOURCES PARTCULARLY DESCRBED &FOLLOWS: WATER & WASTEWATER THE NORTH FEET OF THE FOLLOWNG:DESCRBED PARCEL OF TRANSPORTATON LAND: SURVEYNG & MAPPNG 0.~. 2969, PAGE 21i,i, pubuc RECORDS OF LEE: COUNTY, FLORDA. LOT 12, LEGALLY DESCRBED AS FOLLOWS ~TO WT: THESOUTH 415;OO FEET OF THE EAST FEET OF THE WEST FEET OF THE NORTH FEET OF THE SOUTH FEET OF SECTON 8, TOWNSHP 43 SOUTH, RANGE 23 EAST. LESS,THE FOLLOWNG: THE ~ASTERL? EASTERLY ACRES OF LOT 12, OF CHAR-LEE RANCHETTES, UNRECORDED LO0 LOCATED N SECTON 8, TOWNSHP 43 SOUTH, RANGE 23 EAS EAST, LEE COUNT, FLORDA; MORE PARTCULARLY DESCRBED AS FOLLOWS: FROM THE NORTHEAST CORNER bf SAD LOT 12 ALSO. BENG THE PONT OF BEGNNNG, RUN S.O W.,,~ FEET; THENCE S W., FEET; THENCE N.O:42 25 E., FEET; THENCE N E., FEET TO THE PONT OF BEGNNNG. Partners for Result Value by Design SUBJECT TO ALL. EASEMENTS,.RESTRCTONS,.RESERVATONS AND RGHTS OF WAY OF RECORD. CONTANNG SQUARE FEET MORE OR~LESS. REFER TO 8 % X 11 SKETCH. (SHEET2 OF 2) 1,.. NK EbiGNEERNG. A DVSON OF LBFH NC. BPR & FBPE LCENi 1400 Colonial Blvd., Suite 31 Fort Myers, FL (941) Fax: (941) : %. FOR THE FRM PROFESSONALS LAND SUiVEVOR FL. CERT. N

7 ix A NORTH UNE. SOUTH SEcTK)( 6 d / A A 1 m., a. a. J 2 z 5 -a+ 1 _-_m , s :.,.;..;.., (., *.:.j?;, M ssf SF~.~;.~~~~~~.~~;~~~~ EJ ~ _, f N.%3 2Tl8 E _ -- f 226.2g SO,,M,,NE, NORTH 630. SOUTH 1660: SECTON 6 S.88~22 18 W. $ CHARLEE RD. F vi N.E. CORNER LOT 12 CHAR-LEE RANCHETTES (UNRECORDED) SCALE N FEET+\,, \.-,,x tefer TO El15 SKETCH s NOT VAL!O MliCUT THE SGNATL,~ AND THE ~TGML WED SW OF A FLORDA LCENSED?aFwxn ANY MAPPER %BSCT TO EASEMENTS. BlRiCllON$ RESERVATONS, AND RGHTS OF NAY OF RECORD. EdRNGS (F SHOW HEREON) ARE BrsEO UPON THE CENRRUNE OF abw~~ mho.smm ti.aazrax SKETCH (NOT A SURVEY) A3WmDEPARtXLOFLAND LYNG N SECTON 6. TOYSHP 43 SOUTH. RANGE 23 EAST LEE COUNTY, FLOROA QENNCA6AMSFa(THfFlRU SHEET 2 OF 2 PMESXMlwNDswNEoR nk CONSULTNG CVL ENGNEERS, s DATE 4/09/02 Engineering SURVEYORS & MAPPERS E SCALE 1w50 Pmtnem For Results. z A DivisiM1 of LBM.m. DRAWN G.C.A. Valve By Design,zsr\ 5.: 0 CHECK 1400 Colonid Blvd., Suite 31. Fort Myers. &rid., 3sQD7 q al (94 1) Fax: (941) 931-D&6 PPROMD ti, BPR k Fl3PE ticense No: 959 wrw.lbfh.com 2 Ei

8 \ \. i Executive Title nsurance Services, nc NE Pine sland Road Cape Coral, Florida FileNo.: LTP-1299 OWNERSHP AND ENCUMBRANCE REPORT THS CERTFES, that according to the nxords in the Office of the Clerk of the Circuit Court Lee County, State of Flori& effective d&c: March 3,2002 at 5:00 PM., Shipman Family Limited Partnership, a Florida Limited Partnership, is/are the apparent record owner(s) of the following described land (hereinattcr referred to as the Propert]~ ), situate, lying and being in tbe County of Lee, Stat0 of Florida, to-wit: LEGAL DESCRPTON: Lot 12,lcgally described as follows to wit: The South feet of the East feet of the West feet oftbe North feet of the South feet of Section 6, Tomhip 43 South, Fange 23 East; subject to a 30 foot Easement on tbo North side; subject to a retained % interest in and to al of the Oil, Gas, and Mineral Rights, in on O under said property as retained by Grantor, R.V. Rickord, a single man, in Warranty Deed dated October 14, 1949, and filed October 17, 1949, in Deed Book 197, at Page 289, of the Public Records of Lee County, Florida. LESS THE FOLLOWNG: The Easterly acms of Lot 12, of Char-Lee Ranch&es Unrecorded, located in Section 6, Township 43 South, Range 23 East, Lee County, Florida; more particularly described as follow to wit; From the Northeast comer of said Lot 17. also being the Point of Beginning, run South 0 degrees 42 minutes 25 seconds West, feet; thence South 88 degrees 22 minutes 18 seconds West, :feel; thencenorth 0 degrees 42 minutes 25 seconds East, fat; thence North 88 degrees 22 minutes 18 seconds Easf feet to the Point of Beginning; subject to a 30 foot Road Easemcnt along the Nortbcrly boundary tbcreo~ subject to a retained % intcrcst in and to all ofthe Oil, Gas and Mineral Rights in, on or under said property as retained by grantor, R.V. Rickord, a single man, in Warranty Deed dated October 14, 1949 and tiled October 17, 1949 in Deed Book 197, at Page 289, of the Public Records of Lee County, Florida. SUBJECT TO THE FOLLOWNG: (The items shown herein are the only pertinent instruments affecting the above land, for the period stated above) 1. Warranty Deed recorded in Official Record Book 2969, Pago Warranty Deed recorded in Official Record Book 3969, Page Warranty Deed recorded in Off&d Record Book 3969, Page Warranty Deed recorded in Official Record Book 3969, Page 2119.

9 <r i ~~ OWNER&b AND ENCUMBRANCE REPO&&atinued) defects that would render such instrument or proceedings null and void or defective. AN instruments in the chain of title to the Properly are assumed to be good and valid. The Company s liabilityfor this Report is limited to $1,000 and extends on/y to the Customer whoplaced the order with the Company. No one else may rely upon this Report. Customer, by accepting this Report, agrees lo indemnify and hold Company harmlessfrom any claims or losses in excess of the limited wnounf stated above, This Report contains no expressed or implied opinion, warranty, guarantee, insurance or other similar assurance as fo the status of title Lo realproperly. This report should only be relied upon for title information and, therefore, should be verified by a commiimenl for tide insurance Date: March 11,2002. Executive Title nsurance Services, nc. By: a