Agenda 09/22/2015 Item #16A 5 9/22/2015 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the acquisition of a Drainage, Access and
Maintenance Easement (Parcel 104DE) required pursuant to Collier County Ordinance No. 07-54
(a/k/a the"Tree Farm MPUD"Ordinance).Project#60132. (Estimated fiscal impact: $100)
OBJECTIVE: To acquire a Drainage, Access and Maintenance Easement (Parcel 104DE) over, under,
upon and across a portion of the lands owned by Thomas S. Monaghan, individually and as Trustee under
a Trust Agreement dated August 24, 2004 known as the Tree Farm Land Trust (Owner) and required
pursuant to Collier County Ordinance No. 07-54 (a/k/a the"Tree Farm MPUD" Ordinance).
CONSIDERATIONS: Section 6.3(F) of the Tree Farm MPUD Ordinance requires the developer of the
Tree Farm MPUD property to accept and treat stormwater from 50% of the impervious area of the
proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD in accordance with South
Florida Water Management District permitting requirements.
In satisfaction of this requirement, Owner has agreed to convey the requested easement to Collier County
on the terms and conditions set forth in the accompanying Easement Agreement, said terms including that
no compensation shall be due and payable for Parcel 104DE.
Accordingly, staff is recommending that the Board of County Commissioners (the "Board") approve the
accompanying Easement Agreement.
FISCAL IMPACT: Funds in the approximate amount of $100 (recording cost) are available in the
Immokalee/CR951 Broken Back Intersection Project #60132. Source of funds is gas taxes. The bridge
and all other new or replacement features to be installed during the execution of the project, such as
roadway and stormwater features will be new. Therefore, minimal to no maintenance costs are expected
to be incurred within the first 5 to 7 years of service and will be absorbed into the regular maintenance
schedule thereafter. Annual operation costs of water and/or wastewater mains replaced during the project
will remain the same or decrease.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval.—JAB.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
recommendation.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the accompanying Easement Agreement (Parcel 104DE) and authorize its Chairman to
execute same on behalf of the Board;
2. Accept the conveyance of Parcel 104DE and authorize the County Manager, or his designee, to record
the Easement Agreement in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the Easement Agreement to close the transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Easement Agreement; and
5. Authorize any and all budget amendments required to carry out the collective will of the Board.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department
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9/22/2015 16.A.5.
Attachments: 1)Easement Agreement(Parcel 104DE)and 2)Property Location Map
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9/22/2015 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to approve an easement agreement for the acquisition
of a Drainage, Access and Maintenance Easement (Parcel 104DE) required pursuant to Collier
County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD" Ordinance). Project#60132.
(Estimated fiscal impact: $100)
Meeting Date: 9/22/2015
Prepared By
Name: FarrisDeborah
Title: Property Acquisition Specialist, Senior, Growth Management Department
8/18/2015 12:59:17 PM
Approved By
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/24/2015 2:15:21 PM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 8/24/2015 2:27:52 PM
Name: AhmadJav
Title: Division Director-Transportation Eng, Growth Management Department
Date: 8/26/2015 7:21:57 AM
Name: StoltsAnthony
Title: Project Manager, Senior, Growth Management Department
Date: 8/26/2015 4:00:22 PM
Name: LynchDiane
Title: Supervisor-Operations. Growth Management Department
Date: 8/27/2015 6:36:45 PM
Name: TaylorLisa
Title: Management/Budget Analyst. Growth Management Department
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9/22/2015 16.A.5.
Date: 8/28/2015 11:16:06 AM
Name: GossardTravis
Title: Division Director-Road Maintenance, Growth Management Department
Date: 8/31/2015 8:31:12 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 8/31/2015 8:46:40 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 8/31/2015 9:23:08 AM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 8/31/2015 10:51:13 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 8/31/2015 12:41:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/4/2015 1:34:46 PM
Name: UsherSusan
Title: Management/Budget Analyst. Senior, Office of Management&Budget
Date: 9/10/2015 3:16:25 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/10/2015 3:32:31 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/11/2015 10:33:42 AM
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9/22/2015 16.A.5.
PROJECT: CTS-104DE
PARCEL No(s): 104DE
FOLIO No(s): 00187240000,00187400002&00188040005
EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter veered to as the "Agreement") is made and
entered into on this I() day of , 20 1' ,, by THOMAS S.
MONAGHAN, INDIVIDUALLY AND AS TRUSTEE UNDER A TRUST AGREEMENT
DATED AUGUST 24, 2004 KNOWN AS THE TREE FARM LAND TRUST, whose
mailing address is 24 Frank Lloyd Wright Drive,Ann Arbor, Michigan 48105 (hereinafter
referred to as "Owner"), and 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"County").
WITNESSETH:
WHEREAS, Collier County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD"
Ordinance), Section 6.3 (F), requires the developer of the Tree Farm MPUD property to
accept and treat stormwater from 50% of the impervious area of the proposed
extension of Collier Boulevard adjacent to the Tree Farm MPUD in accordance with
South Florida Water Management District permitting requirements;and
WHEREAS, County has requested that Owner, in satisfaction of this requirement,
convey to County a Drainage, Access and Maintenance Easement over, under, upon
and across the lands described in Exhibit "A" (hereinafter referred to as the
"Easement"),which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. RECITALS. All of the above recitals are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. EASEMENT.
(a)GRANT AND PURPOSE - OWNER HEREBY CONVEYS the Easement to
County for the stated purposes. The Easement is perpetual, non-exclusive,
"blanket" in nature and extends to all surface and underground stormwater
management systems including lakes, ponds, swales and ditches, and to all
such underground conveyance systems, including pipes, inlets and water
control structures (collectively referred to as "Drainage Facilities"), as may be
installed or constructed on the lands described in Exhibit "A", giving County
the right (but not the obligation) to enter upon the subject property and
perform maintenance on any of the components comprising the Tree Farm
MPUD stormwater management system.
(b)CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES.
(1) Construction of the Drainage Facilities. Any and all cost or
expense associated with the design, permitting and construction of
any of the Drainage Facilities located on the lands described on
Exhibit"A"shall be the sole and absolute responsibility of Owner.
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9/22/2015 16.A.5.
(2) Maintenance. Any and all cost or expense associated with the repair
or maintenance of the Drainage Facilities located on the lands
described on Exhibit"A"shall be the sole and absolute responsibility of
Owner, however,County shall have the right(but not the obligation)to
perform such maintenance on any of the components comprising the
Tree Farm MPUD stormwater management system as it deems
necessary.
3. TERM. The term of this Agreement and the terms and provisions of the"blanket"
easement granted pursuant hereto shall be effective upon execution of this
Agreement by both parties, shall continue perpetually thereafter, and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees,whenever the context so requires or admits.
4, NO PUBLIC DEDICATION. Nothing contained herein shall be deemed to
constitute a gift or dedication of any portion of the Easement to the general public
or for the benefit of the general public, it being the specific intention of Owner that
the grant of the Easement is strictly limited to the County for the drainage, access
and maintenance purposes stated in Paragraph 2 above.
5. ENTIRE AGREEMENT. Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are
no other prior or contemporaneous written or oral agreements, undertakings,
promises,warranties, or covenants not contained herein.
6. VENUE. This Agreement is governed and construed in accordance with the laws
of the State of Florida. In the event a court of competent jurisdiction shall
determine that any provision hereof is invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions hereof, all of which shall
remain in full force and effect. This Agreement may not be amended or modified
except by an instrument in writing executed by Owner and County, and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
and as of the date first above written.
AS TO COUNTY:
DATED:September 22, 2015
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Tim Nance, Chairman
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OWNER'S SIGNATURE CONTINUED TO NEXT PAGE
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AS TO OWNER:
DATED:
Witn (Signature) HOMAS S.M AGHAN,individua
and as Trustee U/T/A dated
/
l` 7e- jiff August 24,2004 known as the
Nafn&(Print or Type) Tree Farm Land Trust
/71M.Aa (r)1(r--?-6
/Witness(Signature)
ti (6k rD2e,
Name(Print or Type)
STATE OF 011C.ttgaal
COUNTY OF tr..•"1: �211c_3
Te foregoing Easement Agreement was acknowledged before me this 1 COI day of
,414-'It',IL , 201 S , by Thomas S. Monaghan, individually and as Trustee
und a Trust Agreement dated August 24, 2004 known as the Tree Farm Land Trust,
who:
!(, is personally known to me
OR
produced as proof of
identity.
(affix notarial seal) / ~-
(Signature "Notar �yblr j r
rri44 in "
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires: i i- -i i
DINA L.WALDENMAYER
NOTARY PUBLIC-STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires No 16,2€19
Acting in the County of ? lr yf "•` ,%„„
Approved as to form and legality:
Jent"er A.Belpedio
Assistant County Att, n-
Last Revised 12/10/2014
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EXHIBIT"A" 9/22/2015 16.A.5.
Parcel 1:The East half of the Southeast quarter,of the Northeast quarter of Section 22,
Township 48 South, Range 26 East,Collier County, Florida;
Parcel 2: The East half of the Northeast quarter,of the Southeast quarter of Section
22,Township 48 South, Range 26 East,Collier county,Florida; and
Parcel 3: The East half of the Southeast quarter,of the Southeast quarter of Section
22,Township 48 South, Range 26 East, Collier County, Florida.
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LOCATION MAP
(Not to Scale)
Thomas S. Monaghan,Trustee
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