Agenda 11/10/2015 Item #16A26 11/10/2015 16.A.26.
EXECUTIVE SUMMARY
Recommendation to grant an easement to the South Florida Water Management District in order
to provide access to a boat ramp being installed to maintain the Cocohatchee Canal as a part of the
construction of roadway and bridge improvements also known as the Collier Boulevard Extension.
OBJECTIVE: To grant the South Florida Water Management District (SFWMD) an easement across
County right-of-way so that District maintenance crews will have access to a boat ramp that is being
constructed in the re-aligned Cocohatchee Canal west of Collier Boulevard.
CONSIDERATIONS: The Cocohatchee Canal must be re-aligned as part of the construction of
improvements to the intersection of Collier Boulevard and Immokalee Road. An Easement for
maintenance of the re-aligned canal was recently granted to the District (September 8th) in accordance
with the provisions of the Cooperative Agreement between Collier County and the Big Cypress Basin, as
amended, which provides for operational control and maintenance of the primary watercourses and water
control structures throughout the County. Since then, it has been discovered that the District maintenance
crews will require access across County right-of-way in order to utilize the boat ramp into the
Cocohatchee Canal that is being constructed as part of the improvements to the intersection of Collier
Boulevard and Immokalee Road.
FISCAL IMPACT: There is no fiscal impact to the County. The District will pay to record the
easements.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION:
I. To approve the granting of another easement to the South Florida Water Management District
(SFWMD);
2. To authorize the Chairman to execute same on behalf of the Board; and
3. To authorize the County Manager or his designee to deliver the executed easement instrument to
the District so they may record it in the public records.
Prepared by: Kevin Hendricks, Manager, ROW Acquisition, Transportation Engineering Division,
Growth Management Department
Attachments:
1. Easement Instrument with Legal Description and Sketch attached as Exhibit"A"
2. Location Map
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11/10/2015 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
Item Summary: Recommendation to grant an easement to the South Florida Water
Management District in order to provide access to a boat ramp being installed to maintain the
Cocohatchee Canal as a part of the construction of roadway and bridge improvements also
known as the Collier Boulevard Extension.
Meeting Date: 11/10/2015
Prepared By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
11/2/2015 2:08:31 PM
Submitted by
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Name: HendricksKevin
11/2/2015 2:08:33 PM
Approved By
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 11/3/2015 8:52:24 AM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 11/3/2015 8:55:49 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 11/4/2015 7:02:03 AM
Name: KearnsAllison
Title: Manager-Financial & Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 11/4/2015 7:40:35 AM
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11/10/2015 16.A.26.
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 11/4/2015 8:31:07 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 11/4/2015 8:39:20 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/4/2015 9:52:22 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 11/4/2015 11:07:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/4/2015 1 1:27:25 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/4/2015 11:42:1 5 AM
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11/10/2015 16.A.26.
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (hereinafter referred to as the "Easement') is made
and entered into on this day of , 2015, by and between the
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a government entity created by
Chapter 373, Florida Statutes (hereinafter referred to as the "District"), 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").
WHEREAS, County and District are parties to a cooperative agreement" governing
the operational control and maintenance of various watercourses and water control
structures in Collier County dated October 13, 2000 ("Original Cooperative Agreement");
as amended by that certain First Amendment to Cooperative Agreement dated Feb. 10,
2011 ("First Amendment"); as amended by that certain Second Amendment to Cooperative
Agreement dated May 10, 2011 ("Second Amendment"); as amended by that certain Third
Amendment to Cooperative Agreement dated Feb. 9, 2012 ("Third Amendment"); and as
further amended by that certain Fourth Amendment to the Cooperative Agreement dated
September 8, 2015; the Original Cooperative Agreement, as amended by the First
Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment
is hereinafter referred to as the "Cooperative Agreement"; and
WHEREAS, a portion of the watercourses covered under the Cooperative Agreement
known as the Cocohatchee Canal and the CR 951 Canal have been relocated; and
WHEREAS, the parties desire to submit the relocated canal sections to the control of
the Cooperative Agreement.
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 Easement.
2. EASEMENT — County hereby conveys unto the District an easement for the duration
of the Cooperative Agreement across that certain real property described in Exhibit
"A" (attached hereto and made a part hereof). The purpose of this Easement shall be
for the transfer of operational control and maintenance of the watercourse(s) and
water control structure(s) located on said real property in accordance with the terms,
conditions and provisions of the Cooperative Agreement.
3. ENTIRE AGREEMENT - This Easement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties as to the real
property described in Exhibit "A" and, except for the Cooperative Agreement and that
certain Grant of Easement dated September 8, 2015, and recorded in the public
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records of Collier County, Florida, in OR Book 5200, Page 1177, there are no other
prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification, amendment or
cancellation of this Easement shall be of any force or effect unless made in writing
and executed and dated by both County and District.
4. SEVERABILITY - Should any part of this Easement be found to be invalid, then such
invalid part shall be severed from the Easement, and the remaining provisions of this
Easement shall remain in full force and effect and not be affected by such invalidity.
5. VENUE - This Easement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the County has executed this Easement on the date first
above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
ssistan( ount Attorney
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PARCEL OF LAND
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COLLIER COUNTY,FLORIDA
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DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22 THENCE
N.00'SD'1E3"W. ON THE EAST LINE OF SAID SECTION 22 FOR 100.01 FEET TO
AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE
P OF RESERVATION TRACT A AS RECORDED IN OFFICIAL RECORDS BOOK 4413,
PACE 3634. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N.89'57'28'W. ON IHE EASTERLY PROLONGATION AND SOUTH LINE OF
SAID RESERVATION TRACT A FOR 642.15 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
8 THENCE N.00•44'25"W., DEPARTING SAID SOUTH LINE FOR 11613 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF SAID RESERVATION TRACT A;
THENCE N.85'07'281. ON SAID NORTH LINE FOR 109.20 FEET;
THENCE S.40133'07"W., DEPARTING SAID NORTH LINE FOR 165.04 FEET TO THE
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 6,324 SQUARE FEET OR 0.145 ACRES. MORE OR LESS.
BEARINGS HEREINABOVE MENTIONED ARE BASED ALONG STATE PLANE
COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 83 (NSRS
2011) WHEREIN THE EAST LINE OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE
26 EAST BEARS N 00150'18" W.
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SKETCH AND DESCRIPTION 9810 WIQW Park Dt..SUNe 200
PARCEL OF LAND Nepe(39)5a 30575
Phone(239)597A675
LYING IN SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST Fax:(239)597-0578
COWER COUNTY,FLORIDA LB No.:8852
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN 13 FILE NAME SHEET
110027.00.00 , 0 22 ` 48 26 ' 10/28/15 I TJD BCB EASEMENT I 2 OF 2
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