Agenda 06/24/2014 Item #16C36/24/2014 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve a Utility and Access Easement Agreement with Kensington Park Master
Association, Inc., for the acquisition of an easement at its appraised value to accommodate the
rehabilitation of a wastewater pumping station, at a total cost not to exceed $900, Project Number 70046.
OBJECTIVE: Acquire a utility and access easement from Kensington Master Association, Inc., which is
necessary for planned improvements and ongoing operation and maintenance of Pump Station (PS) 147.
CONSIDERATIONS: The Collier County Public Utilities Division is continuing its program to upgrade pump
stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor
control upgrades, and reliability upgrades. The existing platted easement for PS 147 is insufficient in size to
accommodate the improvements. The property owner, Kensington Master Association, Inc., is willing to grant
additional utility and access easement area at the cost of its appraised value.
Real Property Management's in -house Real Estate Appraiser determined the market value of the easement area to
be $792.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY14 Capital Budget approved by the
Board on September 19, 2013. The source of funding is the Wastewater User Fee Fund (414), Project 70046. The
total outlay should not exceed $900.00 for the purchase of the utility and access easement, recordation of the
easement, and title insurance.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval -JAB
GROWTH MANAGEMENT IMPACT: The project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the
Collier County Water -Sewer District
1. Approve the attached Utility and Access Easement Agreement and accept the Utility and Access Easement;
2. Authorize the Chairman to execute the Utility and Access Easement Agreement;
3. Authorize staff to prepare related vouchers and Warrants for payment; and,
4. Direct the County Manager or his designee to follow appropriate closing procedures and record the Utility and
Access Easement in the official records of Collier County, Florida.
Prepared by: Corinne Trtan, Project Manager, Public Utilities Planning and Project Management
Attachments: 1. Utility and Access Easement Agreement
2. Appraisal
3. Location Map
Packet Page -1017-
6/24/2014 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.3.
Item Summary: Recommendation to approve a Utility and Access Easement Agreement
with Kensington Park Master Association, Inc., for the acquisition of an easement at its
appraised value to accommodate the rehabilitation of a wastewater pumping station, at a total
cost not to exceed $900, Project Number 70046
Meeting Date: 6/24/2014
Prepared By
Name: TrtanCorinne
Title: Project Manager, Public Utilities Engineering
5/30/2014 12:03:25 PM
Submitted by
Title: Project Manager, Public Utilities Engineering
Name: TrtanCorinne
5/30/2014 12:03:26 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management, Facilities Management
Date: 6/2/2014 9:42:19 AM
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/2/2014 11:14:11 AM
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Date: 6/2/2014 4:51:10 PM
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Engineering
Date: 6/2/2014 8:11:17 PM
Packet Page -1018-
6/24/2014 16.C.3.
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 6/3/2014 10:55:31 AM
Name: JohnssenBeth
Title: Director - Wastewater, Wastewater
Date: 6/4/2014 4:10:57 PM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 6/5/2014 12:35:33 PM
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/5/2014 2:46:13 PM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/9/2014 8:32:42 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/10/2014 8:41:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/12/2014 1:19:59 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/13/2014 10:48:35 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 10:16:54 AM
Packet Page -1019-
6/24/2014 16.C.3.
Project: P.S. 147.00 Improvements
Folio No.: 52730007457
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into by and between KENSINGTON PARK MASTER
ASSOCIATION, INC., a Florida Non Profit corporation whose mailing address is 5435 Jaeger
Road, Suite 4, Naples, Florida 34109 (hereinafter referred to as "Owner"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "CCWSD "), whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non - exclusive Utility and Access Easement over, upon and across the lands described in
Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to
as the "Easement Area ") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement, in
the form attached hereto (Attachment "1 "), for the sum of Seven Hundred Ninety Two and
no 00 1100 Dollars ($792.00), U.S. currency by County Warrant or wire transfer (said
transaction hereinafter referred to as the "Closing ").
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or
qualifications encumbering the property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the property underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida. Owner
shall provide such instruments, properly executed, to the CCWSD on or before the date of
Closing.
3. Owner agrees to convey the Easement for the purpose of constructing, operating and
maintaining utility facilities on lands within the Easement Area. CCWSD shall repair or
replace the surface of any lands disturbed within the Easement Area after construction has
been completed.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend the
term of this Agreement for a period not to exceed 60 days.
5. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
6. Owner represents that to the Owner's knowledge, the Easement Area and all uses of the
Easement Area have been and presently are in compliance with all Federal, State and Local
environmental laws; that to the Owner's knowledge, no hazardous substances have been
generate., ,tore., treated -or transfer, ad on the Easement Area except as specifically
disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law
violation on any property contiguous to or in the vicinity of the Easement Area to be
conveyed to CCWSD; that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement Area, b) any existing or threatened
environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous substances on
the Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
Packet Page -1020-
6/24/2014 16.C.3.
7. CCWSD shall pay for all costs of recording the conveyance instruments in the Public
Records of Collier County, Florida. All other costs associated with this transaction including
but not limited to transfer, documentary and intangible taxes, and recording costs for any
curative instruments shall be borne and paid by Owner. The cost of a title commitment shall
be paid by CCWSD.
8. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws,
costs and expenses (including without limitation reasonable paralegal and attorney fees and
expenses whether in court, out of court, in bankruptcy or administrative proceedings or on
appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising
out of the breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
9. This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties 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.
10. Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
11. If the Owner holds the property underlying the Easement Area in the form of a
partnership, limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to Chapter
286, Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the property underlying the Easement Area before the Easement Area
held in such capacity is conveyed to CCWSD, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Packet Page -1021-
6/24/2014 16.C.3.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC:
AS TO CCWSD:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER
DA
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a t
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Deputy Clerk
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may:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT
BY:
Tom Henning, Chairman
KENSINGTON PARK MASTER ASSOCIATION,
a Florida Non Profit corporation
By: 22 �1rig2G�
Print Name:
Title:
Packet Page -1022-
Approved as to form and legality
Assisffin Cf ounty Attorn4
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6/24/2014 16.C.3.
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PLAT BOOK 36, PAGES 93 -97
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6/24/2014 16.C.3.
Stantec
LEGAL DESCRIPTION
Of part of Tract 1, Kensington Park Phase One,
Plat Book 21, pages 62 -67,
Collier County, Florida.
(Pump Station 147 Additional Easement)
All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book
21, pages 62 -67, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Southeast comer of said Tract 1;
Thence along the existing Collier County Utility Easement as shown on said plat of
Kensington Park Phase One, North 63 °45'53" West 34.15 feet to the POINT OF
BEGINNING;
Thence leaving said easement South 53 °43'38" West 42.61 feet;
Thence North 36 °1622" West 58.11 feet;
Thence along an existing Buffer Easement as per said Plat North 00 °38'53" West
4.79 Feet.
Thence North 53 °43'38" East 12.21 feet to a point on said Collier County Utility
Easement;
Thence along said easement in the following Three (3) described courses:
1. South 36 016'22" East 30.00 feet;
2. North 53 °43'38" East 10.96 feet;
3. South 63 °45'53" East 36.07 feet to the POINT OF BEGINNING.
Containing 1540 Square Feet or 0.036 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the south line of said Tract 1, being South 72 °48'54" West.
Certificate of authorization #LB -7866.
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: % Date October 11., 2013
Lance .T l�hi;ler,. Professional Surveyor and Mapper ##LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2G -853
Rev to avoid existing buffer easement 11 -14-13
Packet Page -1024-
6/24/2014 16. C. 3.
PROJECT: P.S. 147.00 Improvements s COIg/
FOLIO No.: 52730007457 i
/V o► FO I �-- I���Ia4Tlb/1� '-'
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of ,
2014, by KENSINGTON PARK MASTER ASSOCIATION, INC., a Florida Non Profit corporation, whose mailing address
is 5435 Jaeger Road, Suite 4, Naples, Florida 34109, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, 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 or assigns.) `
WITNE•SSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valua sideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby cone gr ts, ains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement forcilities a access purposes,
over, under, upon, and across the following described lands located in Collier County, ida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and
THIS IS NOT HOMESTEAD
TO HAVE AND TO HOLD the same unto the
excavate, and place or remove materials, including, but not
improvements appurtenant thereto or thereunder for the
facilities thereon. The easement granted herein shall co
lands described above.
IN WITNESS WHEREOF, the
!Nv rd.
oer with the right to enter upon said land,
i lines and pipes, and other equipment or
trusting, operating, and maintaining utility
running with the land and shall burden the
these presents to be executed the date and year first
above written.
NSINGTON PARK MASTER ASSOCIATION, INC.,
10\WN a Florida N rrofit corporation,
By:
Witne (Signature) ci
Name: L.9�'�y / !�AI?D
me: 1 o -01 *0� (Print or T p�L Title: S �J " -%
t NR a� --
(Print
STATE OF 1 1 ' Cpl
COUNTY
Packet Page -1025- �
Uri
T
e foregoing Utility and Ac
s5 Easement was ackrtowlqdged before me this .,1D day of
2014 by
k LLA l lame), (Title),
on til?half of Kensington Park Master
Associ ion, Inc. k Florida Non Profit corporation, who is [ ifi
personally known to me, or [ ] who
has produced as identification.
WITNESS my hand and official seal this day of �' 2014.
/
Z
(affix notarial seal)
-
�2atgeZN
"' 13RIGIT BRENNAN
( /f? lick �{
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"
MY COMMISSION 8 EE205204
(Print e of Notary Public)
,. EXPIRES June 18. 20116
I�o7laueA,ea vnuiys.mamn�
,
NOTAW PUBLIC �/ ` /
Serial /Commission #:(if any) �S 7
My Commission Expires: -e
Packet Page -1025- �
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6/24/2014 16.C.3.
CO����� e-Y COTilyi�
y
01 -17 -2014
Easement Valuation
PS 147.00 at Kensington
C/O Marlene McLaughlin
An easement acquisition is always a partial acquisition. Even if the proposed easement physically
covers the entire subject whole property, the underlying fee estate is not acquired. The underlying
fee owner still has a beneficial interest in the property. A partial acquisition can involve the
physical property or legal rights (such as access rights), or both. An easement is a specifically
defined interest (estate) in parent property and is owned by someone other than the owner of the
underlying fee simple interest. The easement is for a utility pump station. The size of the utility
easement is 1,540sf or 0.036 acres. The valuation of easement is as follows, by taking the
researched unit value of Kensington Park the estimated value is $220,000 per acre. The setback
areas, buffer areas, mitigation areas and common areas all have a functional utility of 10% of the
overall Kensington Park unit value.
The unit value is $220,000 x 10% is $22,000
$22,000 x 0.036 acre is $792.00 dollars.
The sketch, the easement legal, and map is attached. The estimated value of the easement is
$792.00 dollars.
—a—
Roosevelt Leonard
Real Estate Appraiser
Packet Page -1026-
PREPARED FOR AND PROPERTY OF
OLLIER COUNTY BOARD OF COMMISSIONERS
?ELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT WARRANTED
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GENERAL NOTES:
1
! BEARINGS ARE BASED ON THE SOUTH LINE OF TRACT 1
LOT 42 BEING SOUTH 77 48'54' WEST.
DIMENSIONS ARE IN FEET ' AND DECIMALS . THEREOF.
DIMENSIONS ALONG CURVES ARE: A = DELTA, L = ARC LENGTH,
CD = CHORD DISTANCE, T • TANGENT, R = RADIUS, CB = CHORD BEARING
P.O.C. — POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
R.O.W. = RIGHT —OF —WAY, A.E. = ACCESS EASEMENT,
D.E. = DRAINAGE EASEMENT, P.U.E. = PUBUC UTILITY EASEMENT,
C.U.E. = COWER COUNTY UTILITY EASEMENT
LOT 43 SEE ATTACHMENT FOR LEGAL DESCRIPTION
LOT 44
�. C.0 F�
PROPOSED EASEMENT
P.Q.C.
SOUTHEAST CORNER TRACT 1.
KESINGTON PARK PHASE ONE
PLAT BOOK 21, PAGES 62 -67, \
COWER COUNTY, FLORIDA. I
LOT 1
ASHLEY GROVE % 1
CA
moo}
Cif
0 40 80
SCALE IN FEET
I 1 N F DATA
LINE
BEARING .
DISTANCE
L1
N63'45'53"W
34.15
L2
S53'43'38'W
42.61
L3
N36' 16'2 'W
58.11
L4
N53 43'38 E
12.21
L5
S36' 16'22E
30.00
L6
N53'43'38 "E
10.96
L7
S63'45'53'E
36.07
L8
NOO'38'53"W
4.79
PLAT BOOK 32, I.OT 2
PAGES 26 -27 t
NOT A SURVEY * **
rK APPROVED: 0/13 CLIENT: O R4 C011NTY
DESCRIPTION: :
OF PART OF TRACT 1, KENSINGTON PARK PHASI
U6 3200 n 81b 200 Napier, Fiorftla 1.-W. P.B. 21 PAGES 62-67 COWER COUNTY FLC
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LEGAL DESCRIPTION
Of part of Tract 1, Kensington Park Phase One,
Plat Book 21, pages 62 -67,
Collier County, Florida.
(Pump Station 147 Additional Easement)
All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book
21, pages 62 -67, of the public records of Collier Ct?unty, Florida, being more
particularly described as follows;
Commencing at the Southeast comer of said Tract 1;
Thence along the existing Collier County Utility Easement as shown on said plat of
Kensington Park Phase One, North 63 °45'53" West 34.15 feet to the POINT OF
BEGINNING;
Thence leaving said easement South 53 043'38" West 42.61 feet;
Thence North 36 °16'22 West 58.11 feet;
Thence along an existing Buffer Easement as per said Plat North 00 °38'53" West
4.79 Feet.
Thence North 53 °43'38" East 12.21 feet to a point on said Collier County Utility
Easement;
Thence along said easement in the following Three (3) described courses:
1. South 36 °16'22" East 30.00 feet;
2. North 53 °43'38" East 10.96 feet;
3. South 63 045'53" East 36.07 feet to the POINT OF BEGINNING.
Containing 1540 Square Feet or 0.036 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the south line of said Tract 1, being South 72 °48'54" West.
Certificate of authorization #LB -7866.
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: -- --�'' Date October 11.2013
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2G -853
Rev to avoid existing buffer easement 11- 14-13
Packet Page -1028-
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