Loading...
Agenda 01/23/2018 Item #16D101/23/2018 EXECUTIVE SUMMARY Recommendation to approve a Temporary Construction Easement Agreement, Temporary Construction Easement, and a Utility Easement for a proposed water main at no cost to the County. OBJECTIVE: To approve a Temporary Construction Easement Agreement and Temporary Construction Easement with Legacy Naples, LLC, a Florida limited liability company (Developer) and approve a Utility Easement between Collier County (County) and the Board of County Commissioners of Collier County (Board), as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (District). CONSIDERATIONS: Developer has requested a Temporary Construction Easement from the County on County-owned property at 7610 Davis Boulevard, where the Domestic Animal Services Division (DAS) facilities are located. Developer would like to connect to the existing water main, which is on the south side of Davis Boulevard and plans to do what is called a back tap. A back tap means that instead of tapping into the water main on the north side of the pipe, they would bore past the water main and connect on the south side of the pipe. This process would promote public safety and would not impact traffic on Davis Boulevard. The developer has also requested a permanent Utility Easement be granted from County to District for the permanent water main and facilities which would be on the DAS property. Developer shall install a permanent eight (8’) foot wide by six (6’) foot tall swing gate along the southwest side of the DAS entrance driveway to allow access to the existing fenced area for DAS and District staff. Final gate location to be coordinated with DAS staff. The attached documents have been reviewed and approved by the County Attorney’s Office. FISCAL IMPACT: There is no cost to the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. -JAB RECOMMENDATION: To approve and authorize the Chairman to execute the Temporary Construction Easement Agreement, Temporary Construction Easement, and Utility Easement and to direct the County Manager or his designee to record the easements in the Public Records of Colli er County, Florida. Prepared By: Cindy Erb, SR/WA, Sr. Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Temporary Construction Easement Agreement (PDF) 2. Temporary Construction Easement (PDF) 3. County Utility Easement (PDF) 16.D.1 Packet Pg. 346 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 4382 Item Summary: Recommendation to approve a Temporary Construction Easement Agreement, Temporary Construction Easement, and a Utility Easement for a proposed water main at no cost to the County. Meeting Date: 01/23/2018 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 12/20/2017 4:12 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 12/20/2017 4:12 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 12/20/2017 4:58 PM Solid and Hazardous Waste Sue Zimmerman Additional Reviewer Completed 12/21/2017 3:26 PM Solid and Hazardous Waste Dayne Atkinson Additional Reviewer Completed 12/21/2017 4:31 PM Domestic Animal Services Darcy Andrade Additional Reviewer Completed 12/21/2017 5:08 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/26/2017 8:33 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 12/26/2017 10:15 AM Water Pamela Libby Additional Reviewer Completed 12/29/2017 8:39 AM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 01/02/2018 9:13 AM Facilities Management Dennis Linguidi Additional Reviewer Completed 01/02/2018 10:40 AM Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 01/02/2018 5:41 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/05/2018 8:46 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/08/2018 11:31 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/09/2018 7:09 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/10/2018 8:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2018 2:52 PM Budget and Management Office Ed Finn Additional Reviewer Completed 01/12/2018 12:31 PM 16.D.1 Packet Pg. 347 01/23/2018 County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 1:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 16.D.1 Packet Pg. 348 16.D.1.aPacket Pg. 349Attachment: Temporary Construction Easement Agreement (4382 : DAS - Utility Easement) 16.D.1.aPacket Pg. 350Attachment: Temporary Construction Easement Agreement (4382 : DAS - Utility Easement) 16.D.1.aPacket Pg. 351Attachment: Temporary Construction Easement Agreement (4382 : DAS - Utility Easement) 16.D.1.aPacket Pg. 352Attachment: Temporary Construction Easement Agreement (4382 : DAS - Utility Easement) 16.D.1.aPacket Pg. 353Attachment: Temporary Construction Easement Agreement (4382 : DAS - Utility Easement) PRO」ECT: DAS―LegaCy Naples ul∥ty Easement FOL10: 00406680008 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this day of 2017, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing office address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Grantor"), and LEGACY NAPLES, LLC, a Florida limited liability company, whose mailing address is 25101 Chagrin Blvd, Suite 300, Beachwood, OH 44122, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Granto/' and "Grantee" are used for singular or plural, as the context requires, and include allthe parties to this instrument and their respec'tive heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT'A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and forthe purpose of accessing, installing and connecting to the public water improvements adjacent thereto. Prior to construction, Collier County Utilities staff and Domestic Animal Services staff must be notified. This Easement is limited to fourteen (14) calendar days, once construction commences. lf necessary, this Easement may be granted additional time if mutually agreed upon. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto. IN VVITNESS WHEREOF,the day and year first above written ATTEST: DWIGHT E BROCK GMNTOR has caused these presents to be executed the BOARD OF COUNTY COMMISS10NERS COLLIER COUNTY,FLORIDA BY: , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney PENNY TAYLOR,Charman 16.D.1.b Packet Pg. 354 Attachment: Temporary Construction Easement (4382 : DAS - Utility Easement) l董霊 p語 菫XHIBl ::::::11二 蔦 E「三JJ「 ~雇 ヨ ζ Pr,1;-J-o ゛今｀｀16.D.1.b Packet Pg. 355 Attachment: Temporary Construction Easement (4382 : DAS - Utility Easement) PRO」ECT: DAS―Legacy Naples U"∥ty Easement FOL10: 00406680008 UTILITY EASEMENT TH:S EASEMENT,made and entered into this_____day of 2017,by COLLiER COUNTY,a po∥tical subdivision of the State of Florida,whose mai∥ng address is 3335 East Tanliami Tra∥, Suite 101, Naples, Florida 34112, hereinafter referred to as"Grantorttothe BoARD OF COUNTY COMMISS10NERS OF COLLiER COUNTY,FLORIDA, AS THE GOVERNiNG BODY OF COLLiER COUNTY AND AS EX‐OFFiC:O THEGOVERN:NG BOARD OF THE COLLiER COUNTY WATER‐SEWER D:STRICT, whose ma∥ing address is 3335 East Tamiami Trail, Suite 1 01, Naples, Florida 34112, its successors and assigns,hereinafter referred to as"Grantee" WITNESSETH: Grantor,for and in consideration of TEN DOLLARS(S1000)and Other valuable consideraJon paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys,grants,bargains and se∥s unto the Grantee,its successors and assigns,a perpetual, non―exclusive easement, license, and priv∥ege for utility purposes, on the fo∥owing described lands located in Co∥ier County,Florida,to witi See attached Exhibit・ A"which is incorporated herein by reference Sublectto easements,restnctiOns,and reserva∥ons of record THiSIS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together wth the nghttO enter upon said land, excavate, and place or remove materials fo「 the purpOse of constructing, operating, and maintaining ut∥ity facilities thereon Grantor and Grantee are used fo「singular or plural,as the context requires lN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and year irst above written ATTEST: DWIGHT E BROCK ,Deputy Cterk Approved as to form and legality: BOARD OF COUNTY COMM:SS10NERS COLLIER COUNW,FLORIDA PENNY TAYLOR,Charman BY: 16.D.1.c Packet Pg. 356 Attachment: County Utility Easement (4382 : DAS - Utility Easement) 性 J´_BliZO 召=Ч い ￢mコ5 ∽ ≧0mX0mコm0言」 pJ ヽヨ 」 曇 」 目コ | |V―Z7論s 16.D.1.c Packet Pg. 357 Attachment: County Utility Easement (4382 : DAS - Utility Easement)