Agenda 02/14/2017 Item #16A 202/14/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Amendment to Easement
Agreement and Easement Relocation between Collier County (“County”) and Habitat for
Humanity of Collier County, Inc. (“Habitat”) in order to allow rel ocation of a recorded access
easement associated with the project called Vincent Acres, PL20150002012, that was previously
conveyed to the County.
___________________________________________________________________________________
OBJECTIVE: To approve and authorize the Chairman to sign an Amendment to Easement Agreement
and Easement Relocation to allow the relocation of an existing, recorded easement.
CONSIDERATIONS: On April 24, 2008, Waterways Joint Venture VII, predecessor to Habitat,
recorded an Easement Agreement over a portion of their property in favor of the County for the purpose
of accessing and maintaining access to two sites which the County owned. The County subsequently
transferred their parcels to the Florida Department of Transportation (FDOT). Habitat now has a
proposed site plan and wishes to have the location of the existing easement relocated so as not to interfere
with the planned development of their parcel. The Agreement acknowledges it may be necessary for
Habitat to modify the location of the Access Easement because the exact manner of development was not
determined at that time. FDOT has indicated they have an adequate alternate easement. Habitat is
providing this relocated Access Easement in accordance with a PUD commitment under the Vincent
Acres PUD, Ord. 16-29, which requires Habitat to convey a replacement easement for access to the Pond
site to the County. Staff has reviewed the proposed subdivision plans for Vincent Acres and concurs that
the easement will better serve the parties in the new proposed location.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary; the applicant
will be responsible for recording fees.
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 execute the attached Amendment to Easement Agreement and Easement
Relocation between Collier County and Habitat, and authorize the Clerk of Courts to record the document
in the public records.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Location MAP (PDF)
2. Original Easement Agreement (PDF)
3. Vincent Acres Replacement Easement (PDF)
16.A.2
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02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Item Summary: Recommendation to approve and authorize the Chairman to sign an Amendment
to Easement Agreement and Easement Relocation between Collier County (“County”) and Habitat for
Humanity of Collier County, Inc. (“Habitat”) in order to allow relocation of a recorded access easement
associated with the project called Vincent Acres, PL20150002012, that was previously conveyed to the
County.
Meeting Date: 02/14/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
12/22/2016 6:28 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/22/2016 6:28 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/22/2016 2:13 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/06/2017 3:45 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/10/2017 1:01 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/12/2017 2:55 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/17/2017 10:09 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/19/2017 8:19 AM
Growth Management Department James French Additional Reviewer Completed 01/19/2017 8:20 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/20/2017 10:25 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/25/2017 11:10 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/25/2017 1:45 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/27/2017 9:11 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.A.2
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16.A.2.a
Packet Pg. 379 Attachment: Location MAP (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 380 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 381 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 382 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 383 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 404 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
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Packet Pg. 405 Attachment: Original Easement Agreement (2510 : Easement Amendment Vincent Acres)
'Ihis instrument prepared by:
Joshua M. tlialek, Esq.
Porter. Wrighr. Morris & Arthur LLP
9132 Strada Place- Third Flcnr
Naplcs. Florida 34 I 0t
AMENDMENT TO EASEMENT AGREEMENT
AND EASEMENT RELOCATION
THIS AMENDMENT TO EASEMENT AGREEMENT.4dND NhSTUNXT
RELOCATION (this o'Agreement"), is made and entered into this (Ctrt-d-"y oP-l%'f(Av
HABITAT FoR HUMANITY oF COLLIER COIINTY, INC., a Florida non-profir
corporation, whose address is I I145 Tamiami Trail East, Naples, Florida 34113, as successor in
interest to Waterways Joint Venture VII ("WWJVVII"), hereinafter collectively referred to as
"Habitat", and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "Collier CounQ/".
WITNESSETH
WHEREAS' WWJVVII and Collier County entered into an Easement Agreement
recorded in Book 4353, Page 0445, in the Official Records of Collier County, Florida (the
"Easement Agreement"); and
WHEREAS, Habitat acquired the property described in the attached Exhibit *A'.
hereinafter the "Habitat Property", on or about May 31, 201 I, from WWJVVII for the purpose of
developing the Habitat Property; and
WHEREAS, the State of Florida Department of Transportation ("FDOT") acquired the
property described in the attached Exhibit "8" attached hereto (the "3 Acre Site") and that
certain property described on Exhibit (C' attached hereto (the "10 Acre Site") from Collier
County; and
WHEREAS' Habitat is the successor in interest to WWJVVII relative to the Habitat
Property and the Easement Agreement; and
WHEREAS, pursuant to the terms of the Easement Agreement, Collier County was
granted the Access Easement upon and through the Access Easement Area more specifically
described on Exhibit "E" of the Easement Agreement for the purpose of maintaining the ten (10)
acre Pond Site now owned by the F'DOT, as described in the Easement Agreement; and
WHEREAS, Section 3(c) of the Easement Agreement acknowledges it may be necessary
for Habitat to modiff the location of the Access Easement Area from time to time as the exact
manner of Development had not yet been determined; and
WHEREAS, Section 3(c) of the Easement Agreement further provides that Habitat may
relocate the Access Easement Area from time to time, provided that: (i) Habitat notifies Collier
County in advance of making any such change to the Easement Access Rrea (ii) any and all cost
Page I of4
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Packet Pg. 406 Attachment: Vincent Acres Replacement Easement (2510 : Easement Amendment Vincent Acres)
associated with the relocation of the Easement Area be bome solely and absolutely by Habitat;
and (iii) the modification of the Easement Access Area will not unreasonably impede or interfere
with the Access Easement Purpose; and
WHEREAS' in Collier County Ordinance No. l6-29. as part of the planning process for
the rezoning of the Habitat Property now known as the Vincent Acres RPUD, in its Exhibit ,.F."
PUD Commilments, under the "STORMWATER" heading, Section A, Habitat is required to
convey a replacement easement for access to the Pond Site to the County in accordance with the
Easement Agreement; and
WHEREAS, Habitat now desires to relocate the Access Easement Area as forth in this
Agreement due to the modification to the plans for the Habitat Property made during the
planning process.
NOW THEREFORE in consideration of the sum of TEN DOLLARS ($10.00) and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
l. Relocation of Access Easement Area. The parties agree to relocate the Access
Easement Area and replace the original Exhibit "E" attached to the Easement Agreement with
the new Exhibit (E'attached hereto.
2. Remainine Provisions. All other provisions, agreements and terms of the
Easement Agreement shall remain in full force and effect.
3. Recordine. This Agreement shall be recorded in the Public Records of Collier
County, Florida, and be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, Habitat for Humanity of Collier County, Inc. and Collier
County have executed this Agreement on the date and year first above written.
IREMAINDER OF PAGE INTENTIONALLY LET[ BLANK;
STGNATURE PAGE FOLLOWSI
At\
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Packet Pg. 407 Attachment: Vincent Acres Replacement Easement (2510 : Easement Amendment Vincent Acres)
WITNESSf,S:
(Signature)
,F,l r'.',Srbo,ll-
(Type or Print Name)
(AFFIX NOTARY SEAL)
(s
(Type or Print Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this
Nicholas Kouloheras, as Executive Director of
Florida non-profit corporation, who is personally
Habitat for Humenity of Collier County,
Inc., a Florida non-profit corporation
Executive Director
20t6by
of , Inc., a
me.
Rebecca Notary Public
I ; ,,:
. ,:,:
Page 3 of4
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Packet Pg. 408 Attachment: Vincent Acres Replacement Easement (2510 : Easement Amendment Vincent Acres)
ATTEST: Ilwight E. Brock, Clerk of Courts
By:
Printed Name/Title
Approved as to form & legality
Scott A. Stone,
Assistant County Attorney
NAPLES64789OV 5
Board of County Commissioners, Collier
County, Florida
Chairman
afe-/t6
')Page 4 of4
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Packet Pg. 409 Attachment: Vincent Acres Replacement Easement (2510 : Easement Amendment Vincent Acres)
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LETT HAVING A RADIUS OF 25.00 TTIT THROUGH A CTNTRAL ANSLT OF 47'36'44" ANO
BTING SUBTINDED BY A CHORO WHICH BEARS N.24'04'53"8. fOR 20.18 FT[T;
THENCE N,OO'16'31"8.. TOR 349.8J TEE'I TO A POINT OF CURVAIURT;
THENCE NORTHEASTERLY 70.69 FEET AIONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 45.00 TEET THROUGH A CENTRAL ANGLT OF 9O'OO'OO" AND
BTING SUB?TNDED BY A CHORD WHICH BEARS N.45'16'J1"8. FOR 63.64 F[LT:
THENCT S"89'43'29"E., roR 38.00 rtfl TO THt potNI or EtGtNNtNc or THr pARcEL
DESCRIBED HEREIN:
CONTAINING 24.998 SQUARE TEET OR 0.57 ACBES, MORE OR LEsS.
BEARINGS MENTIONED HEREINABOVE ARE BASED NORTH LINE OF THT NORTHEAST QUARIER
OF SECTION 5, TOWNSHIP 50 SOUTH. RANGE 26 EASI TO BEAR N89'43'32"W.
ACCESS EASEMENT
LYING IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNW, FLORIDA
6610 Willow Park Dr.. Suilo 200
Naples, Florida 34109
Phone (239) 597-0575
fax: t239) 597-0578
LB No,:6952
ENGINEER.ING
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Packet Pg. 416 Attachment: Vincent Acres Replacement Easement (2510 : Easement Amendment Vincent Acres)