Agenda 04/08/2014 Item #16A 84/8/2014 16.A.6.
EXECUTIVE SUMMARY
Recommendation to accept the conveyance of a Drainage Easement in Section 12, Township 51
South, Range 26 East, Collier County, Florida. (Fiscal Impact: None.)
OBJECTIVE: To accept for recording and for maintenance purposes a Drainage Easement that
the property owner would like to convey to the County.
CONSIDERATIONS: A legal description with a reference to "Drainage Easement" found in
an Assignment of Rents and Leases in the chain of title to the owner's property has created a
cloud on title which the owner wishes to clear; but the County is not considered the Grantee nor
claims to own the Easement. In order to do so it is proposed that the property owner replace the
"quasi- easement" with a bona fide drainage easement of a narrower width which meets the
maintenance needs of the County in this region. This will be accomplished by including the
following language in the easement: "This easement shall supersede all other easement rights
which Grantee may have in or upon the real property of which the easement is a part."
The road and stormwater maintenance department has indicated that it will be good to have the
easement in the event that drainage problems arise in that area and crews need access for
maintenance purposes.
FISCAL IMPACT: There is no Fiscal Impact associated with this item. The property owner
will pay the recording fees. Maintenance will not be routine and recurring. Legal access to the
ditch was important only in case it is ever needed in an emergency.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County. Florida,
accept the conveyance of the proposed Drainage Easement and accept the maintenance
responsibilities of the ditch located therein.
Prepared by: Kevin Hendricks. Right -of -Way Acquisition Manager
Transportation Engineering Department. GMD
Attachment: 1) Drainage Easement
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A
/8/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to accept the conveyance of a Drainage Easement in
Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Fiscal Impact: None.)
Meeting Date: 4/8/2014
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
3/6/2014 4:39:34 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 3/14/2014 8:39:16 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 3/1 8/2014 8:58:17 AM
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 3/18/2014 4:59:34 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 3/25/2014 4:51:30 PM
Name: ShueGene
Title: Director - Operations Support., Transportation Administration
Date: 3/26/2014 1:31:47 PM
Name: Marcellaieanne
Title: Executive Secretary, Transportation Planning
Date: 3/26/2014 3:22:57 PM
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4/8/2014 16.A.8.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/26/2014 3:39:21 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/26/2014 4:40:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 8:47:51 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/31/2014 2:27:47 PM
Packet Page -706-
Project:
PARCEL:
Folio No.: 00738160005
DRAINAGE EASEMENT
4/8/2014 16.A.8.
THIS EASEMENT, made and entered into this day of
, 2014, by 14601 EAST TRAIL, LLC, a Florida limited liability
company, whose mailing address is 4001 Tamiami Trail N., Suite 300, Naples, Florida
34103, (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 ").
(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:
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
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non - exclusive, underground drainage easement to enter upon and to install
and maintain underground drainage structures and facilities, including but not limited to
ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes,
and various types of water control structures 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.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and /or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon. Grantee shall bear
the responsibility for maintaining the easement area and all of its drainage structures
and facilities located therein. 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. This easement shall
supersede all other easement rights, if any, which Grantee may have in or upon the real
property of which the easement is a part, as described more particularly on Exhibit "B ",
attached hereto and incorporated herein by reference.
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4/8/2014 16.A.8.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
STATE OF FLORIDA
COUNTY OF COLLIER
GRANTOR:
14601 EAST TRAIL, LLC,
a Florida limited liability company
By: 40AA �=
e in . C�olWman, Manager
The foregoing instrument was acknowledged before me this Lj!� day of
l�Aecu , 2014, by Kevin G. Coleman, Manager of 14601 E t Trail,
LLC, a Florida limited liability company, on behalf of the company. He is
per
known to me or [_j produced /'7 as identification.
SEAL
� �� „ -, Notary Publi
CINDY "'Printed Name:
Mr co L. +:P ELLx i T
��SSION #rrQIIC803' My Commission Expi
hme Os, 2417
ATTEST:
Dwight E. Brock,
Collier County Clerk of Courts
By:
Print Name:
Title:
Approved as to form and legality:
By:
Print Name:
Title:
Packet Page -708-
ACCEPTANCE BY GRANTEE:
Board of County Commissioners,
Collier County, Florida
By:
Tom Henning, Chairman
Exhibit "A" (Page 1 of 2)
Legal Description of Easement Area
South Florida Surveying :Inc.
242123rd Sired S. W.
Napks, Fkrida 34'•'117
Phone:: (239) 348 1169
sfsinC&outft fitoridasurmi ng.com
February 25, 2014
418/2014 16.A.8.
LEGAL DESCRIPTION OF A 30 FOOT WIDE DRAINAGE EASEMENT DESCRIBED AS
FOLLO'W'S:
THE EASTERLY 30 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Collier,
STATE OF Florida, AND IS LESCRIBED AS FOLLOWS:
Beginning at the Southeast corner of Section 12, Township 51- South, Range 26 East, Collier
County, Florida, thence S 00 00' 00" 335.26 feet to a point in the North right -of -way line of
Highway 41; thence N 541 36'00" W 1672.10 feet along the North right -of -way Line of Highway
41 to a concrete monument and the true place of beginning of the parcel herein described; thence
continuing N 541 36' 00" W along the North right -of -way line of Highway 41 to a point in the
East right -of -way of Joseph Lane a distance of 802.80 feet; thence N 0° 34' E along the East
right -of -way of Joseph Lane a distance of 456.85 feet; thence S 54° 36' E a distance of 163.54
feet; thence S 89° 56'30" E a distance of 43.22 feet; thence S 54° 36' E a distance of 583.05 feet;
thence S 00 13' 30" W a distance of 489.36 feet to the true place of beginning of the parcel herein
described.
LESS AND EXCEPT all of the lands described above which. he East of the west line of the East
'lz of the Southeast %a of Section 12, Township 51 South, Range 26 East, Collier County, Florida
THE ABOVE DESCRIBED EASEMENT CONTAINS 0.34 ACRES.
South Florida Surveypig Inca
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Exhibit "A" (Page 2 of 2)
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4/8/2014 16.A.8.
EXHIBIT "B"
Legal Description of Overall Property
Beginning at the Southeast corner of Section 12, Township 51 South, Range 26 East,
Collier County, Florida; thence S 0" 00' 00" 335.26 feet to a point in the North right -of-
way line of Highway 41; thence N 54" 36' 00" W 1,672.10 feet along the North right -of-
way line of Highway 41 to a concrete monument and the true place of beginning of the
parcel herein described; thence continuing N 540 36'00" W along the North right -of -way
line of Highway 41 to a point in the East right -of -way of Joseph Lane a distance of
802.80 feet; thence N 0" 34' E along the East right -of -way of Joseph Lane a distance of
456.85 feet; thence S 54° 36' E a distance of 163.54 feet; thence S 89° 56' 30" E a
distance of 43.22 feet; thence S 540 36'E a distance of 583.05 feet; thence S 00 13'30"
W a distance of 489.36 feet to the true place of beginning of the parcel herein
described.
LESS AND EXCEPT that portion of the above - described parcel of land which lies
easterly of the West line of the East' /2 of the Southeast % of Section 12, Township 51
South, Range 26 East, Collier County, Florida.
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