Agenda 06/14/2016 Item #16A 5 Proposed Agenda Changes
Board of County Commissioners Meeting
June 14,2016
Add On Item 10A: Recommendation to consider a proposal from the Marco Island City Council to
return County Road 92A(Goodland Road)to Collier County's jurisdiction and authorize the County
Manager to further explore this option with the Marco Island City Manager. (Commissioner Fiala's request)
Continue Item 16E4 to the June 28,2016 BCC Meeting: Recommendation to award Request for Proposal
#16-6618, "Annual Contract for General Contractor Services" to the following six firms: Surety Construction
Company,Bradanna,Inc.,Compass Construction,Inc.,William J.Varian Construction Company,Inc.,
Chris Tel,and EBL Construction. (Commissioner Taylor's request)
Move Item 1611 to Item 13A: Miscellaneous Correspondence. (Commissioner Nance's request)
Move Item 16J2 to Item 13B: To record in the minutes of the Board of County Commissioners,the check
number(or other payment method),amount,payee,and purpose for which the referenced disbursements
were drawn for the periods between May 12 to June 1,2016 pursuant to Florida Statute 136.06.
(Commissioner Nance's request)
Move Item 16J3 to Item 13C: To provide to the Board a "Payables Report" as of June 8,2016 pursuant to
the Board's request. (Commissioner Nance's request)
Note:
Item 16A5 does not require Ex Parte Disclosure:
•
Recommendation to approve a Right-of-Way Easement Use Agreement to
allow the owner of Lot 16, Block B, Rock Harbor to install an approximately
18 foot long fence within the Harbor Road right-of-way, at the eastern
terminus of the road adjacent to the property. (County Attorney's request)
Item 16D14: Modify the Memorandum of Understanding document,where appropriate,to identify the
County Manager or his designee as the responsible agent that will manage the contract on behalf of the Board
of County Commissioners. (Commissioner Henning's request)
6/14/2016 8:31 AM
6/14/2016 16.A.5.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
Right-of-Way Easement Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to
install an approximately 18 foot long fence within the Harbor Road right-of-way, at the eastern
terminus of the road adjacent to the property.
OBJECTIVE: To have the Board of County Commissioners(Board)approve a Right of Way Easement
Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to install a fence within the Harbor
Road public right-of-way.
CONSIDERATIONS: Ms. Kara Wright is the fee simple owner of that property described as Lot 16,
Block B, Rock Harbor as recorded in Plat Book 1, Page 84 of the Official Records of Collier County.
The subject property is adjacent to that certain public road right-of-way easement known as Harbor Road.
Ms. Wright intends to use a portion of the road right-of-way easement to construct a fence which would
connect to the existing fence on her property. There was previously a fence in approximately the same
location,but the property owner has requested to install a new fence to match the dimensions and material
of the fence on her property.
The fence will not obstruct any travel within the right-of-way, nor will it affect the right of access of any
adjacent property owners,because it will be located at the terminus of the road along the eastern boundary
of the right-of-way easement. The extent of the encroachment is approximately 18 feet long by 6 inches
wide and is shown more specifically on Exhibit B attached to the Easement Use Agreement.
The owner agrees that the County will have unlimited access to the road and the owner will not use the
road in any manner that is inconsistent with its purpose of a public right of way, except for the approved
fence. The County has the right to demand removal of the fence, at the owner's expense, within 60 days
of notice to the owner. The owner will also indemnify and hold harmless the County for any cost
associated with the owner's installation and use of the fence.
Staff has determined that the installation of the fence within the public right-of-way is beyond staff's
discretion and requires Board approval. If approved, the property owner will still be required to obtain a
Right-of-Way permit.
FISCAL IMPACT: There is no fiscal impact to the County. The property owner shall be responsible
for recording of the approved agreement.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval.-SAS
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6/14/2016 16.A.5.
RECOMMENDATIONS:
1. To endorse staff's recommendation to approve a Right-of-Way Easement Use
Agreement between Collier County and Kara Wright,and
2. Authorize the Chairman to execute the agreement on behalf of the Board.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services Division, Growth
Management Department
Attachments:
1) Location Map
2) Right of Way Easement Use Agreement and Exhibits A and B
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6/14/2016 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of
Lot 16, Block B, Rock Harbor to install an approximately 18 foot long fence within the Harbor
Road right-of-way, at the eastern terminus of the road adjacent to the property.
Meeting Date: 6/14/2016
Prepared By
Name:HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
5/2/2016 8:00:04 AM
Approved By
Name:PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/10/2016 4:18:16 PM
Name:McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 5/11/2016 9:53:46 AM
Name:MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 5/16/2016 8:47:27 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 5/25/2016 9:29:46 AM
Name:KlatzkowJeff
Title: County Attorney,
Date: 5/25/2016 12:11:44 PM
Name: IsacksonMark
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6/14/2016 16.A.5.
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 5/25/2016 1:53:49 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/1/2016 3:18:29 PM
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6/14/2016 16.A.5.
RIGHT OF WAY EASEMENT USE AGREEMENT
THIS RIGHT OF WAY EASEMENT USE AGREEMENT ("AGREEMENT") is
made and entered into this day of , 2016 by and between Kara Wright
("Wright") and Collier County("County"), a political subdivision of the state of Florida,
RECITALS:
WHEREAS, Wright is the record owner of the fee simple interest in and to that
certain parcel of real property (the"Subject Property") known as Lot 16, Block B, Rock
Harbor, as depicted on Plat Book 1, Page 84, recorded in the Official Records of Collier
County, Florida(the"Plat"), more specifically shown on Exhibit`A'; and
WHEREAS, the Subject Property is adjacent to that certain road right-of-way known
as Harbor Road, as depicted on the Plat; and
WHEREAS, the County acquired a public right of'way easement interest in Harbor
Road (the "Road Easement") by virtue of the Plat, which dedicated all roads to the
perpetual use of the public. Unless a different intention is expressed, a dedication by way
of plat results in the creation of an easement for the County, to be held in trust for the
public at large for the purposes shown on the plat; and
WHEREAS, the parties agree that Wright owns the underlying fee simple title from
the edge of the Subject Property to the centerline of Harbor Road, but may only use the
right of way in a manner that is not inconsistent with the purpose of the Road Easement
as a public right of way; and
WHEREAS, Wright desires to use the Road Easement solely to install and maintain a
new permanent fence that will connect to the fence on the Subject Property, resulting in
an encroachment into the Road Easement, as shown on Exhibit `B' (the
"Encroachment").
WHEREAS, the County has no present objection to the use of the Encroachment
within the Road Easement, provided that Wright agrees to the terms and conditions set
forth below.
NOW THEREFORE, for and in consideration of the Recitals, the sum of TEN
DOLLARS ($10.00) and for other good and valuable consideration the receipt and
sufficiency of which are hereby expressly acknowledged, the parties hereto agree as
follows:
1. The above recitals are true and correct and are incorporated herein.
4/19/16 (142
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6/14/2016 16.A.5.
2. The County shall have unlimited access to the Road Easement, and Wright will
not use the Road Easement in any manner that is inconsistent with its purpose as a
public right of way, except for the approved Encroachment as described in this
Agreement.
3. Wright, at their sole cost, expense and risk, may install and maintain the
Encroachment within the Road Easement to the extent shown on Exhibit B,
provided it does not impair the County's use of the Road Easement. The County
retains the right, however, in its sole discretion, and with or without cause, to
demand by written request that the Encroachment be removed from the Road
Easement, which Wright will do at their sole cost and expense within a reasonable
time, but not later than 60 days from from receipt of such request. Any and all
improvements relating to the Encroachment located within the Road Easement at
the end of the 60 days shall be deemed to have been abandoned by Wright and
may be removed and disposed of by County.
4. Wright shall indemnify and save harmless the County, including all employees of
the County, from any loss or damages the County may suffer as a result of claims,
suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or
judgments, including attorneys' fees and costs of litigation, against the County
arising out of Wright's use of the Road Easement for the purposes set forth in this
Agreement.
5. This Right of Way Easement Use Agreement shall be recorded in the Public
Records of Collier County, Florida, at Wright's sole cost and expense. This
Agreement is intended to bind the Parties, together with their respective
successors, assigns and heirs.
IN WITNESS WHEREOF,the parties hereto have caused this Right of Way Easement
Use Agreement to be executed as of the day,month and year as first above written.
Signed, Sealed and Delivered
In the presence of:
Witesses
ilik
Kara Wright
J
Print Name
7/ ill
Print Name
4/19/16
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6/14/2016 16.A.5.
ATTEST: COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
By: Donna Fiala, Chairman
Date:
Approved as to form and legality
Scott A Stone, Assistant County Attorney
4/19/16
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