Agenda 01/10/2017 Item #16A11 16.A.11
01/10/2017
EXECUTIVE SUMMARY
Recommendation that the Board accepts the conveyance of a Road Right-of-Way, Drainage and
Utility Easement from The Moorings, Incorporated, to capture the turn lane, sidewalk and
irrigation main that was constructed outside of the County's right-of-way by the Halstatt
Partnership during the construction of the Golden Gate Parkway/Airport Pulling Road overpass
(Companion to Agenda item 16.A.12).
OBJECTIVE: That the Board of County Commissioners (Board) formally accepts the conveyance of a
right-of-way, drainage and utility easement within which public works improvements are located.
CONSIDERATIONS: The Moorings, Incorporated, the successor in interest to Halstatt Partnership
("Halstatt") and current owner of the lands located north and west of the Golden Gate Parkway/Airport
Pulling Road overpass, has executed a right-of-way easement in favor of Collier County over, under and
across lands containing improvements which are a part of the Golden Gate Parkway/Airport Pulling Road
overpass.
While construction of the Golden Gate Parkway/Airport Pulling Road overpass was underway between
2005 and 2007, Halstatt, then owner of the subject property located in the northwest quadrant of the
overpass, paid for the design and construction of a turn lane serving their property, and contributed
funding toward the landscaping and irrigation of the overpass. The turn lane and ancillary improvements
(sidewalk and stormwater drainage facilities) not only occupied much of the existing County right-of-way
that had been set aside for the overpass, but a portion of the improvements constructed at that time were
also located outside the County's right-of-way on Halstatt owned property.
In July 2015, The Moorings, Incorporated, purchased said property from Halstatt; because they desire to
add landscaping within the right-of-way at the northwest quadrant of the overpass and enter into a
Landscape Maintenance Agreement with the County for that purpose, they are also willing to convey to
the County the right-of-way that should have been conveyed to the County by Halstatt at the time of the
overpass construction. Section 6.06.06.01 of the Collier County Land Development Code ("Street
System Requirement") states that, "If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to
Collier County as a consequence of such improvement. . ."
In April 2005,representatives from Halstatt, Grey Oaks and The Estuary, hired a local landscape architect
to prepare landscape and irrigation plans for those portions of the overpass project fronting their
respective properties. The landscape and irrigation plans for the overpass were incorporated into the
original overpass roadway project beginning in October 2005. In fact, Collier County accepted a
donation/contribution in the amount of $101,821.89 for the installation of the landscaping and the
irrigation as part of the overpass construction. This contribution was formally accepted as a "public
purpose"by the Board of County Commissioners through the adoption of Resolution No. 2006-274.
Also,just prior to The Moorings, Incorporated,purchase of the property located in the northwest quadrant
of the overpass in July 2015, officers of the corporation approached the County with a desire to enter into
a Landscape Maintenance Agreement relative to the property's Airport-Pulling Road frontage, and said
Landscape Maintenance Agreement was entered into on May 10, 2016. The Moorings, Incorporated, now
wishes to enter into another Landscape Maintenance Agreement relative to their Golden Gate Parkway
frontage,which will be heard as a separate agenda item.
FISCAL IMPACT: There is no cost to Collier County associated with this proposal. The Moorings,
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16.A.11
01/10/2017
Incorporated,will be responsible for the fees to record the easement in the public records. Estimated value
of the easement is $74,000.
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
RECOMMENDATION: To accept the conveyance of the perpetual, non-exclusive road right-of-way,
Drainage and Utility Easement from The Moorings,Incorporated.
Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Division,Growth Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Easement with Exhibit A (PDF)
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16.A.11
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Item Summary: Recommendation that the Board accepts the conveyance of a Road Right-of-
Way, Drainage and Utility Easement from The Moorings, Incorporated, to capture the turn lane, sidewalk
and irrigation main that was constructed outside of the County's right-of-way by the Halstatt Partnership
during the construction of the Golden Gate Parkway / Airport Pulling Road overpass (Companion to
Agenda item 16.A.12).
Meeting Date: 01/10/2017
Prepared by:
Title: Manager-Right of Way—Transportation Engineering
Name: Kevin Hendricks
12/06/2016 10:51 AM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
12/06/2016 10:51 AM
Approved By:
Review:
Growth Management Department Pamela Lulich Additional Reviewer Completed 12/06/2016 12:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/08/2016 8:04 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/12/2016 1:36 PM
Procurement Services Allison Kearns Additional Reviewer Completed 12/19/2016 1:09 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/19/2016 1:35 PM
Growth Management Department Gene Shue Additional Reviewer Completed 12/20/2016 11:49 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 12/21/2016 9:23 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/21/2016 1:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/21/2016 1:56 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/21/2016 2:24 PM
Budget and Management Office Mark lsackson Additional Reviewer Completed 12/22/2016 10:05 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 1:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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LOCATION MAP
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PROJECT: Moorings Park
FOLIO: 13170001528
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
THIS EASEMENT, is made and entered into this day of Dt. e011)C," ,
20 , by, THE MOORINGS, INCORPORATED, a Florida not-for-profit corporation whose
mailing address is 120 Moorings Park Drive, Naples, Florida 34105 (hereinafter referred to as
"Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "Grantee"). E
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
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Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby 0
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual,
non-exclusive road right-of-way, drainage and utility easement to enter upon and to install CN
and maintain roadway, bikepath and sidewalk improvements, an irrigation main, drainage N
structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining
wall systems, underground pipes, various types of water control structures and any and all 3
manner of public and private utility facilities over, under, upon and across the following
described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enteras
upon said land and to place and/or excavate materials for the purpose of constructing,
operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility
facilities" includes public as well as private utilities, such as electric, telephone and cable
television, but only if such facilities have Collier County's consent and proper authorization.
This easement includes the right to remove and use any and all excavated material. The
easement granted herein shall constitute an easement running with the land and shall burden
the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written,
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WITNESSES: THE MOORINGS, INCORPORATED, a
Florida not-for-profit corporation
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(Print Name)
Witness (Signature)
(Print Name)
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STATE OF -It .I da
COUNTY OF (.J:(
The foregoing Road Right-of-Way, Drainage and Utility Easement was acknowledged before o
me this 0t day of 'Oe:.:�mb' , 20 I , by N\ Cit+00 , as
CX\jr of The Moorings Incorporated, a Florida not-for-profit L
corporation, on behalf of the corporation, who: N
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produced as proof of identity. w
(affix notarial seal) ,
(Signature 'of Notary Public)
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(Print Name of Notary Public)
Segal / Commission # (if any): . , ! 1.- —�'`°
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My Commission Expires: ; Yr `.''' l t
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
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\ EXHIBIT A
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EXHIBIT "A
Stantec Page 2 of 2
s?,oi Pek(;a7 Bay Bouivard 3 i?E J1 Nar141L
Legal Description
All that part of Tract 4, Moorings Park at Grey Oaks,
a subdivision according to the plat thereof recorded in
Plat Book 54, Pages 70 and 71, of the Public Records of Collier County, Florida.
(Road Right of Way, Drainage and Utility Easement)
All that part of Tract 4, Moorings Park at Grey Oaks, a subdivision according to the plat thereof
recorded in Plat Book 54, Pages 70 and 71, of the Public Records of Collier County, Florida
being more particularly described as follows:
BEGINNING at the Southwesterly most corner of Tract 4, Moorings Park at Grey Oaks, thence N
along the boundary of said Tract 4, 34.60 feet along the arc of a circular curve concave w
Northwest having a radius of 25.00 feet through central angle of 79°17'34" and being
subtended by a chord which bears North 49°35'54" East 31.90 feet; O
Thence leaving said line, North 80`51'29" East 80.70 feet;
Thence South 81°54'45" East 49.09 feet;
Thence South 75°31'33" East 15.81 feet; d
Thence North 87`19'38" East 4.23 feet; a�
Thence North 89°0627" East 122.26 feet;
Thence South 79°06'26" East 21.57 feet;
Thence South 88°08'32" East 22.88 feet; 2°
Thence North 89°14'18" East 34.13 feet;
Thence North 88°15'58" East 26.67 feet;
Thence North 89°28'34" East 25.00 feet;
Thence North 88°35'50" East 13.53 feet;
Thence North 85°2525" East 15.93 feet:
Thence South 86°11'39" East 20.97 feet to a point on the Southerly boundary of .15
aforementioned Tract 4;
Thence along the boundary of said Tract 4 in the following four(4) described courses: w
1. South 83°51'33"West 57.05 feet;
2. South 89°14'42"West 379.91 feet;
3. South 00°54'07" East 10.02 feet;
4. South 89°15'06"West 38.08 feet to the POINT OF BEGINNING.
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Containing 0.11 acres, more or less.
Subject to easements and restrictions of record. ul
Bearings are based on the North line of Tract 4, Moorngs Park at Grey Oaks, being South
90°00'00"West. a)
Certificate of authorization #LB-7866 a)
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: December 5, 2016
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 23-879
7
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