Agenda 11/12/2013 Item #16A 911/12/2013 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with the Collier County School District to
convey Right -of -Way to Collier County for the construction of a sidewalk along the west
side of Andrew Drive from the southerly boundary of Shadowlawn Elementary School to
Caledonia Avenue. Fiscal Impact: $27 from Fund 101
OBJECTIVE: To capture the westerly portion of Andrew Drive in a Road Right -of -Way,
Drainage and Utility Easement which will also provide the County with the ability to construct a
sidewalk from the southerly boundary of the Shadowlawn Elementary School property north to
the proposed Caledonia Avenue crosswalk.
CONSIDERATIONS: The construction of a sidewalk, proximate to the Shadowlawn
Elementary School, along the west side of Andrew Drive is being proposed as part of a project
administered by the State of Florida Department of Transportation. The Collier County School
District has agreed to convey a Road Right -of -Way, Drainage and Utility Easement to the
County necessary for the construction of this sidewalk. The cost of the sidewalk construction
will be funded by the State of Florida Department of Transportation.
FISCAL HYTACT: Recording the Road Right -of -Way, Drainage and Utility Easement in the
public records will cost $27.00 which will be paid from general fund 101 Road Maintenance
Cost Center 163620.
GROWTH MANAGEMENT EAPACT: There is no Growth Management impact associated
^. with this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed 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:
1) Approve the attached Agreement for the conveyance of a Road Right -of -Way,
Drainage and Utility Easement from the Collier County School District and authorize
its chairwoman to execute same on behalf of the Board; and
2) Authorize the County Manager or his designee, to record the easement instrument in
the public records of Collier County, Florida, and to take those measures to ensure
the County's performance in accordance with the terms of the Agreement.
Prepared By: Sonja Stephenson, Property Acquisition Specialist, Growth Management
Division, Transportation Engineering, Right -of -Way Acquisition
Attachments: (1) Road Right -of -Way, Drainage and Utility Agreement; (2) Location Map
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11/12/2013 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to approve an Agreement with the Collier County
School District to convey Right -of -Way to Collier County for the construction of a sidewalk
along the west side of Andrew Drive from the southerly boundary of Shadowlawn Elementary
School to Caledonia Avenue. Fiscal Impact: $27 from Fund 101
Meeting Date: 11/12/2013
Prepared By
Name: StephensonSonj a
Title: Property Acquisition Specialist,Transportation Eng
10/16/2013 11:10:07 AM
Submitted by
Title: Property Acquisition Specialist,Transportation Eng
Name: StephensonSonja
10/16/2013 11:10:09 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 10/16/2013 1:19:32 PM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 10/16/2013 1:44:20 PM
Name: NauthRookmin
Title: Management/Budget Analyst,Transportation Administr
Date: 10/16/2013 3:22:59 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
n Date: 10/18/2013 7:58:55 AM
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Name: ShueGene
Date: 10/18/2013 9:12:27 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 10/18/2013 9:49:23 AM
Name: KearnsAllison
Date: 10/21/2013 9:32:57 AM
11/12/2013 16.A.9.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1 0/22/2013 12:57:26 PM
Name: HendersonHarry
Title: Review Appraiser,Transportation Engineering & Construction Management
Date: 10/23/2013 7:51:58 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/24/2013 8:17:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/24/2013 9:14:30 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/30/2013 4:27:31 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/30/2013 4:55:01 PM
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11/12/2013 16.A.9.
PROJECT: Miscellaneous Project - 99999 (FPID #: 428254- 1- 52 -01)
PARCEL No(s): 276RDUE
FOLIO No(s): 61842800009
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this IV day of Ck.-& " , 20 !'�L, by between the
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775
Osceola Trail, Naples, Florida 34105 (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% the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non - exclusive Road Right -of -Way, Drainage and Utility 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 the 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:
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. Owner shall convey the Easement to County, in a form acceptable to County and
at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the 'Closing."
3. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause.
4. 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.
5. 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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
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11/12/2013 16.A.9.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 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 Georgia A. Hiller, Esq. Chairwoman
Approved as to form and legality:
Assistant County Attorney
AS TO OWNER:
DISTRICT SCHOOL BOARD OF
, �� S/�
DATED:_ /
COLLIER COUNTY, FLORIDA
v �y
Witness (Signature)
Bar ara Berry, air
L". 2 i/'-P-
N%ame (Print or Type)
Witness (Signature)
Name (Print or Type)
pproved as to form and legality:
Ph
ne
eral Council
Last Revised: 6WO13
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11/12/2013 16.A.9.
PROJECT AND PARCEL NO. 99999- 276ROUE (FPID #: 428254- 1- 52 -01)
PARENT TRACT FOLIO NO. 61842800009
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY) P —L-• --
The South 515 feet of the East 30 feet of the following described property::
The East Half of the West 641.7 feet and the south Half of he West 641.7 feet of Lot
129, Naples Grove and Truck Company's Little Farms No. 2, according to the plat
thereof recorded in Plat Book 1, Page 27 of the public records of Collier County
Florida, and
The West Half, or approximately 643.1 feet of Lots 127 and 128, Naples Grove and
Truck Company's Little Farms No. 2, according to the plat thereof recorded in Plat
Book 1, Page 27 of the public records of Collier County, Florida
11/12/2013 16.A.9.
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