Agenda 05/10/2016 Item #16D 75/10/2016 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve the conveyance of a Grant of Utility Easement to Comcast of
Colorado; Florida; Michigan; New Mexico; Pennsylvania; Washington, LLC, a subsidiary of
Comcast Cable Communications, LLC, to provide cable connections for "Xfmity" high speed
internet service within the Marco Island Historical Museum.
OBJECTIVE: To provide "Xfinity" high speed internet service to the Marco Island Historical Society
which has its offices inside the Marci Island Historical Museum.
CONSIDERATIONS: In order for Comcast to provide communications equipment to the Marco Island
Historical Museum, it will be necessary to execute and record the attached conveyance of a Grant of
Utility Easement to Comcast Cable Communications Management, LLC (hereinafter referred to as
"Comcast").
The Grant of Utility Easement comprises a total of 3,805 square feet, more or less, as shown and
described on Exhibit "A" of the Grant of Utility Easement.
The Grant of Utility Easement has been reviewed and approved by Marco Island Historical Museum staff.
FISCAL IMPACT: Recording costs shall not exceed twenty ($20.00) dollars and will be paid from Fund
198.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote
for approval. — JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approves the attached Grant of
Utility Easement, authorizes the Chairman to execute the Grant of Utility Easement, and directs the
County Manager or his designee to proceed to follow all appropriate closing procedures and to record the
Grant of Utility Easement in the Public Records of Collier County, Florida.
Prepared By: Deborah Goodaker, Property Acquisition Specialist; Facilities Management Division
Attachment: Grant of Utility Easement
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5/10/2016 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to approve the conveyance of a Grant of Utility
Easement to Comcast of Colorado/Florida/Michigan/New Mexico/Pennsylvania/Washington,
LLC, a subsidiary of Comcast Cable Communications, LLC, to provide cable connections for
"Xfinity" high speed internet service within the Marco Island Historical Museum.
Meeting Date: 5/10/2016
Prepared By
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
4/22/2016 2:56:55 PM
Submitted by
Title: Property Acquisition Specialist, Facilities Management
Name: GoodakerDeborah
4/22/2016 2:56:56 PM
Approved By
Name: LinguidiDennis
Title: Division Director - Facilities Mgmt, Facilities Management
Date: 4/22/2016 3:23:57 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 4/25/2016 9:34:53 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 4/25/2016 9:40:04 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 4/25/2016 11:13:59 AM
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5/10/2016 16.D.7.
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/26/2016 8:25:44 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 4/26/2016 3:06:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2016 10:43:23 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 4/29/2016 10:20:34 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/30/2016 11:23:45 AM
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5/10/2016 16.D.7.
PROJECT: Marco Island Historical Museum
Internet Service with Comcast
PARCEL: 57640160007
GRANT OF UTILITY EASEMENT
This GRANT OF UTILITY EASEMENT (the "Easement") made and executed this day of
, 2016, by and between COLLIER COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as GRANTOR and Comcast of Colorado/Florida/Michigan/New Mexico/
Penn sylvania/Washington, LLC, hereinafter referred to as GRANTEE.
WITNESSETH
That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its
successors or assigns, a non exclusive easement for the purpose of installing, constructing, replacing,
maintaining, repairing, operating, inspecting and removing, at Comcast's sole option and expense,
certain wires, cables, conduit, lock -boxes, building entrance facilities, and other appurtenant fixtures and
equipment (the "Facilities") over, under, across, and along the property as more particularly described
on Exhibit "A" attached hereto and made a part hereof, as recorded in OR Book 4589 Page 408 et. seq.
TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE, its successors and
assigns.
GRANTEE, by acceptance of this Easement agrees for itself, its successors and assigns, to
_ maintain said Easement and in no way interfere at any time with the right of ingress or egress of
GRANTOR, its successors and assigns, or any other party requiring access to any of the property over
which said Easement is granted. GRANTEE further agrees that it will at all times use extreme care to
restore all grounds to as good or better condition than found prior to GRANTEE'S, construction,
maintenance and repair.
In the event GRANTEE, in its sole discretion, determines that GRANTEE no longer needs the
Easement, GRANTEE may relinquish the rights granted to it under by quit -claiming GRANTEE'S interest
in the Easement to GRANTOR. Upon such relinquishment, GRANTEE may, at its option, leave in place
all underground Facilities installed on the Easement, or may remove the same and repair and restore
any damage to the Easement caused by such removal.
GRANTOR shall indemnify, defend, and hold GRANTEE, its parents, subsidiaries, affiliates,
directors, officers and employees harmless from and against any liabilities, claims, damages, costs,
losses, or expenses arising out of or related to GRANTOR'S (i) use of the Easement by it or its agents,
employees, contractors, licensees, and invitees; (ii) negligent or willful act or omission; (iii) failure to
comply with the terms of this Easement; or (iv) interference with GRANTEE'S use and enjoyment of the
Easement. Subject to the limitations set forth in Section 768.28, Florida Statutes and to the extent that
such limitations are applicable to this Easement, GRANTEE shall indemnify, defend and hold GRANTOR
harmless from and against any liability, claims, damages, costs, losses, or expenses arising out of or
related to GRANTEE'S (i) interference with GRANTOR'S use and enjoyment of the Easement, except as
permitted herein; (ii) negligent or willful act or omission; or (iii) failure to comply with the terms of this
Easement.
GRANTEE shall have access to the Easement during normal business hours and at all times
during emergencies.
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5/10/2016 16.D.7.
All notices, demands, requests or other communications given under this Easement shall be in
writing and be given by certified mail, return receipt requested, or by a nationally recognized overnight
courier service to the address set forth below or as may subsequently in writing requested.
If to the GRANTOR: Collier Real Property Management
3335 Tamiami Trail East
Naples, FL 34112
If to the GRANTEE: Comcast Cable Communications Management, LLC
789 International Pkwy
Sunrise, FL 33323
Attn.: Business Services
With a copy to: Comcast Cable Communications, LLC
One Comcast Center
1701 JFK Blvd.
Philadelphia, PA 19103-2838
Attn: General Counsel
This Easement may be amended, revised, waived, discharged, released or terminated only by a
written instrument executed by both parties hereto. All of the provisions of this Agreement shall be
binding upon and inure to the benefit of GRANTOR, GRANTEE and their respective successors and
assigns.
IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by
its Board of County Commissioners acting by the Chairman of said Board, the day and year first above
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Donna Fiala, Chairman
Approved as to form and legality
JENNIFER BELPEDIO, Asst. County Attorney
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fttnks Engineering EXHIBIT
Professional Engineers, Planners S Lend Surveyors PAGE1 Q_EZ
10511 Six Mlle cypress Parkway
Fort Myeres, Florida 33966
(239)939-5490
Fax (239) 939-2523
Engineering License No, EB 6469 4 Surveying License No. LB 6690
DESCRIPTION
OFA
PARCEL OF LAND
LYING IN
SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST
CITY OF MARCO ISLAND, COLLIER COUNTY, FLORIDA
(MARCO ISLAND HISTORICAL MUSEUM
16' WIDE LEE COUNTY ELECTRIC COOPERATIVE EASEMENT)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, CITY
OF MARCO ISLAND, LYING IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST, LYING OVER A
PART OF TRACT •T)", MARCO BEACH UNCI SEVEN, RECORDED IN PLAT BOOK 6 AT PAGES 55
THROUGH 62 OF THE COLLIER COUNTY PUBLIC RECORDS, AND BEING FURTHER DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WESTERLY CORNER pESAtD TRCCC D"; THENCE N.60"32'05"E. ALONG THE
NORTHWESTERLY LINE OF SAID T 0 �PE1+T TO THE POINT OF BEGINNING;
TIiENCE CONTINUE 34.60°32'057- 2(a LINE FOR 16.57 FEET; THENCE
S.14"2621"E. FOR 70.09 FEfiT; b/F X0°2448"E. F THENCEN.29'2T49"W. FOR .60"3 R 40.73 FEET; 0024'48"EEET
7.28 FEET; THENCE 34. FOR 66.33 F;
THENCE S.29'24'S4"E FO FEET; THENCE S.50'24'48 F 64.87 FEET; THENCE
S.6V3T43'W. R26.15 2.64 FEET 7iiENCE S.7 33'3 749"E. FO i N 14°26 "W. OR 6.39 FEET TO THE
POINT OF BEGINNING.
EASEMENT CONTAINS
BEARINGSARE BASED L9� {ihls BEA ITl
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DESCRIPITONPREP .� 9, 2010.
RICHARD M. RITZ i�;
REGISTERED LAND SURVEYOR L;
FLORIDA CERTIFICATION NO.
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Sar to ofnce
Cort Charlotte Otlice
1144Ta11evut Road, Suite 105
12653 SWCR769,Suite B
Sarasota, Florid# 34243
Lake Suzy, Florida 34269
(941) 360.1616
(941) 625•1165
Fu (941)360.6911
Faz(941)625.1149
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