Agenda 01/24/2012 Item #16A121/24/2012 Item 16.A.12.
Recommendation to approve an agreement with the Abbington Village Condominium
Association providing for. the conveyance of a Drainage Access and Maintenance Easement
from the Association to Collier County without compensation. Project No. 51101 Naples
Manor North Canal segment of the Lely Area Stormwater Improvement Project (Fiscal
Impact $3550)
OO&yd=: To obtain an easement required for the installation of a drain pipe with mitered
end section under the maintenance pathway along the south side of the Abbington Village
Condominium Association property as part of the Naples Manor North Canal segment of the
Lely Area Stormwater Improvement Project (LASIP).
CONSIDERATIONS: Without the installation of the proposed drain pipe under the
maintenance pathway that will be constructed along the north side of the Naples Manor North
Canal, stormwater will have no way to drain from the Abbington Village Condominium
Association property. The proposed Drainage Access and Maintenance Easement will allow for
the construction of a low berm with maintenance pathway along the top and the installation of a
pipe with a mitered and section to carry stormwater from the southwest corner of the
Association's property, under the maintenance pathway, and into the Canal. A drawing has been
attached to illustrate.
FISCAL IMPACT: Recording the Drainage Access and Maintenance Easement in the public
records will cost $35.50. Source of funds is Ad Valorem taxes.
GROW' ,j� MANAGEMENT IMPACT: There is no Growth Management Impact associated
with the approval of this executive summary.
LEGAL CONSID►Ej TIION& This item is legally sufficient for Board action and requires a
majority vote for Board approval. JW
RECOMMENDATION; That the Board of County Commissioners of Collier County, Florida:
1. Approve entry into the Agreement with Abbington Village Condominium Association, an
unexecuted copy of which has been attached to this executive summary with a legal
description appended thereto which will be revised and reduced in size in order to
minimize impacts to the Association's property,
2. Authorize its Chairman to execrate said Agreement on behalf of the Board with revised
legal description appended thereto after it has been executed by the condominium
association president and reviewed and approved as to form and legal sufficiency - -by the
County Attorney; and
3. Authorize the County Manager or his designee to record the Drainage Access and
Maintenance Easement from the Association to the County in the public records of
Collier County, Florida.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Growth Management
Division
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1/24/2012 Item 16.A.12.
Attachments: (1) Agreement between Abbington Village Condominium Association. and Collier
. County, not-yet-executed by the Association:
(2) Legal Description of Drainage, Access and Maintenance Easement (to be
revised); and
(3) Exhibit Showing Pipe with Mter€d End Section under Maintenance Pathway.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
1/24/2012 Item 16.A.12.
Item Summary: Recommendation to approve an agreement with the Abbington Village
Condominium Association providing for the conveyance of a Drainage Access and Maintenance
Easement from the Association to Collier County without compensation. Project No. 51101
Naples Manor North Canal segment of the Lely Area Stormwater Improvement Project (Fiscal
Impact $35.50)
Meeting Date: 1/24/2012
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
1/11/2012 12:26:26 PM
n Submitted by
Title: Manager - Right of Way,Transportation Engineering
Name: HendricksKevin
1/11/2012 12:26:27 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 1/12/2012 7:00:08 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 1/12/2012 7:44:34 AM
Name: CoxShane
Title: Project Manager, Senior,Transportation Engineering
Date: 1/12/2012 9:43:29 AM
Name: LynchDiane
Title: Administrative Assistant
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1/24/2012 Item 16.A.12.
Date: 1/12/2012 10:23:19 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/12/2012 11:04:43 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/12/2012 11:37:11 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/12/2012 2:02:24 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/12/2012 2:36:20 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2012 4:38:05 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/17/2012 9:13:08 AM
Name: OchsLeo
Title: County Manager
Date: 1/17/2012 9:50:30 AM
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1/24/2012 Item 16.A.12.
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1/24/2012 Item 16.A.12.
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1/24/2012 Item 16.A.12.
PROJECT: LASIP 51101 (Naples Manor North Canal)
PARCEL No(s): 261 DE
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this day of , 20 , by and ABBINGTON
VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for- profit corporation,
whose mailing address is c/o Guardian Property Management, 6704 Lone Oak
Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association ") 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, County has requested that Owner convey to the County a Perpetual,
Non - exclusive 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 the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no monetary 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. 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. 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
Easement upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to County on or before
the date of Closing.
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1/24/2012 Item 16.A.12.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement
by the County; provided, however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances
or qualifications affecting County's enjoyment of the Easement. Such right to
extend may be exercised by the County Manager or his designee for an additional
term not exceeding ninety (90) days without further Board action. All additional
extensions must be Board approved. At Closing, Owner shall deliver the Closing
Documents to County in a form acceptable to County.
5. County shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement.
6. County shall, as part of its Canal Improvement project, relocate onto Owner's
property, south and west of Building G and North and East of the Easement, the
large Royal Palm presently located within the proposed Easement area.
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Last Revised: 03/30/11
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1/24/2012 Item 16.A.12.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO ASSOCIATION:
WITNESSES:
(Signature)
(Print full name)
(Signature)
(Print full name)
Approved as to form and
legal sufficiency:
Jeff Wright
Assistant County Attorney
Last Revised: 03/30/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
ABBINGTON VILLAGE CONDOMINIUM
ASSOCIATION, INC., a Florida
not - for - profit corporation
By:
(Signature)
(Print full name)
(Corporate Title)
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1/24/2012 Item 16.A.12.
LEGAL DESCRIPTION
PARCEL 261 DAME - DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLDER
COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID SECTION 20, NO2'46'34 "E FOR A DISTANCE OF 112.34 FEET, TO A
POINT ON THE NORTHERLY BOUNDARY OF A DRAINAGE EASEMENT, AS SHOWN ON THE PLAT OF LELY GOLF
ESTATES ST. ANDREWS WEST, RECORDED IN PLAT BOOK 10, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, S39'06'20 "E FOR A DISTANCE OF
15.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, THE FOLLOWING TWO (2) DESCRIBED
COURSES:
1) THENCE S39- 06 -20 "E FOR A DISTANCE OF 33.34 FEET;
2) THENCE SBW30'52 "E FOR A DISTANCE OF 32.44 FEET;
THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, N39'06'20"W FOR A DISTANCE OF
61.66 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF A 10.00 FOOT WIDE UTS EASEMENT, PER
ABBINGTON VILLAGE, A CONDOMINIUM, RECORDED IN CONDOMINIUM BOOK 35, PAGE 15 OF THE PUBLIC
RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID LITS EASEMENT, SOZ47.10 -W FOR A DISTANCE OF 37.44
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 1440.3 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
JULY 21 2011
G Zr�1/
M HAEL A. WARD DATE SI NED
FLORIDA PROFESSIONAL LAND SURVEYOR CERTIFICATE No. LSD/ 5301
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
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DATE
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ABBINGTON VILLAGE
CONDOMINIUM BOOK 35, PG. 15
\ POB PARCEL266DAME
O.R. 3508 PG.
3204
PARCEL NO.
55150580008
SECTION 19 TWP. 50S RGE. 26E
SECTION 30 TWP. 50S RGE. 26E
O.R. 3508 PG.
3204 /
PARCEL N0.
55150680008
O.R. 2318 PG.
2263
PARCEL NO.
00439400006
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~ -PER C.B. 35 PG. 15
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SECTION 20 TWP. 50S RGE. 26E
SECTION 29 TWP. 50S RGE. 26E
POC
S.W. CORNER OF
SECTION 2D
LAKE PER P.B. 3 PG. 57
NAPLES MANOR UNIT NO. 1
LEGEND
POC = POINT OF COMMENCEMENT
POB - POINT OF BEGINNING
O.R. = OFFICIAL RECORDS BOOK
PG. PAGE
P.B. = PLAT BOOK
C.B. = CONDOMINIUM PLAT BOOK
NO. = NUMBER
SF = SQUARE FEET
® = DRAINAGE EASEMENT (DE) /
, 2% 2011 1f.1) W NAM%0 W "f.W AW" Nnr *06 VMd Dry, (LAM %%* 04 Sb" AW
PROJECT: LAW - NAPLES MANOR NORTH CANAL
SKETCH OF LEGAL DESCREMON
AM
9
BLOCK 2
NAPLES MANOR UNIT NO. 1
P.B. 3 PG. 57
S
PARCEL 266DAME 9910"" P.8 G N0, S,0200
N9FW, Fbfih 84100
PREPARED FOR., COLLIER COUNTY P7 9.: Red W-DRS FAX: MM 597•o548
LB No.: 5952
JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE I SCALE DATE DRAWN BY FILE NAME
990220.01.OD 0 20 50S I)RF i" = An , / ')/11 R.A.K. DE01
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