Agenda 04/24/2012 Item #16C54/24/2012 Item 16.C.5.
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement with Jean Cohen, Trustee and accept
the donation, by Warranty Deed, of a 5.3 -acre parcel of land on Shady Hollow Boulevard,
to be used as a future public water supply well site and for associated Public Utilities
purposes, at a cost not to exceed $1,200.
OBJECTIVE: The public purpose is to assure the reliability and sustainability of the public
drinking water supply by providing land and other property rights for the establishment of well
sites and wellfields to adequately supply future water treatment plants to be developed by the
Collier County Water -Sewer District ( CCWSD).
CONSIDERATIONS: Jean Cohen, Trustee, has agreed to donate, to CCWSD, a 5.3 -acre parcel
of land at the southeast corner of Shady Hollow Boulevard and 91} Street NW. This location lies
directly along the route of a future raw water pipeline leading from five well sites previously
acquired to the west, and the site of the future North East Regional Water Treatment Plant
(NERWTP) to the east. The parcel will accommodate additional public water supply wells needed
to supply future expansion needs of the NERWTP, and also offers opportunities for mitigation
and other associated Public Utilities purposes. A Location Map is attached.
Real Property Management's staff appraiser has valued the parcel at $26,500. Mrs. Cohen has
agreed to convey the parcel by Warranty Deed to CCWSD at no cost, provided that CCWSD
assumes responsibility for payment of all acquisition transaction costs, including a $450
administrative fee required to release the parcel from the encumbrance of certain Collier County
Code Enforcement liens affecting a separate Collier County property held by the same owner. As
a companion item, Growth Management Division is requesting Board approval for the partial
release of these liens for the donated parcel only.
The results of an Environmental Screening Report prepared by the County's Conservation Collier
staff are favorable for the uses for which the parcel is to be utilized.
This acquisition is consistent with the 2008 Water Master Plan Update, Project 70908 —
NERWTP Wellfield Expansion Land Acquisition, Table 8 -2, line 27, adopted by the Board on
June 24, 2008, as Agenda Items l OB and IOC.
FISCAL IMPACT: Acquisition costs for the 5.3 -acre donated parcel will not exceed $1,200
($450 for Code Enforcement administrative fee, $700 +/- for title costs, and $50 +/- for recording
fees and miscellaneous costs). Funding is available in, and is consistent with, the FY 2012 Capital
Budget, approved by the Board on September 22, 2011. Funds are available in Project 70908.
The source of funding is Water impact fees, Fund 411.
This item is related to the purchase of land that may be used for future wells to provide a raw
water supply for the Northeast Regional Water Treatment Plant. Operating costs should not be
realized until a determination is made of the number of wells that can be placed on this site, the
site is improved, and the proposed wells installed.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Growth Management Plan to ensure the adequacy and availability
of viable public facilities.
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4/24/2012 Item 16.C.5.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. --
JBW
RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the
Governinz Board of the Collier County Water -Sewer District:
1. approve and authorize the Chairman to execute the attached Donation Agreement;
and
2. accept the attached Warranty Deed; and
3. authorize the County Manager or his designee to follow all proper closing
procedures, close the transaction, and record the Warranty Deed and any and all
necessary documents to obtain clear title to the parcel in the Public Records; and
4. approve processing of an interfund transfer to Code Enforcement for the $450
administrative fee.
Prepared By: Hans Russell, Sr. Property Acquisition Specialist
Real Property Management — Department of Facilities Management
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4/24/2012 Item 16.C.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5.
Item Summary: Recommendation to approve a Donation Agreement with Jean Cohen,
Trustee, and accept the donation, by Warranty Deed, of a 5.3 -acre parcel of land on Shady
Hollow Boulevard to be used as a future public water supply well site and for associated Public
Utilities purposes at a cost not to exceed $1,200.
Meeting Date: 4/24/2012
Prepared By
Name: RussellHans
Title: Property Acquisition Specialist, Senior,Facilities
3/30/2012 10:26:43 AM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 3/30/2012 11:11:07 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 3/30/2012 12:02:49 PM
Name: Paul Mattausch
Title: Director - Water,Water
Date: 4/2/2012 9:36:50 AM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date: 4/3/2012 5:22:12 PM
Name: AbbottAlicia
Title: Project Manager,Public Utilities Engineering
Date: 4/4/2012 10:02:19 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
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Date: 4/4/2012 12:25:04 PM
4/24/2012 Item 16.C.5.
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 4/5/2012 1:56:34 PM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 4/5/2012 3:17:51 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/5/2012 4:01:53 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 4/6/2012 6:36:17 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/12/2012 8:59:45 AM
Name: UsherSusan
Title: Management/Budget Analyst, Semor,Office of Manage
Date: 4/16/2012 2:40:32 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2012 10:43:07 AM
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FOLIO NUMBER: 39440160005
DONATION AGREEMENT
4/24/2012 Item 16.C.5.
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into by and between JEAN COHEN, Trustee of the Jean Cohen Revocable
Trust dated 9/28176, (hereinafter referred to as "Owner"), whose mailing address is P.O. Box
654, Bonita Springs, Florida 34133 -0654, 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, its successors and assigns, whose address is 3335 Tamiami
Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "County ").
WITN ESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described as follows:
Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof as
Recorded in Plat Book 7, Page 92, of the Public Records of Collier County, Florida;
and
WHEREAS, Owner desires to convey the Property to County on the terms and
conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County on the terms and conditions set forth herein, said terms including that no
compensation shall be due and payable for the Property 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. Owner shall convey the Property via a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
2. With the exception set forth in Paragraph 3 hereof, 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
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4/24/2012 Item 16.C.5.
encumbrances from the Property 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.
3. Owner and County acknowledge the existence, upon the public record, of certain
Code Enforcement liens encumbering the Property arising from actions related to other
property within Collier County now or formerly held by Owner, and County agrees to assume
all cost and expense associated with obtaining a release of the Property from the force and
effect of said Code Enforcement liens.
4. Closing shall occur within thirty (30) days from the date County executes this
Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
5. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County 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 County by reason or arising
out of the breach of Owner's representations under Paragraph 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
The cost of a title commitment shall be paid by County. All other costs associated with this
transaction shall be borne and paid by County.
9. Owner and County acknowledge and agree that the value of the Property, as
determined by a licensed real estate appraiser employed by County, is Twenty -Six
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4/24/2012 Item 16.C.5.
Thousand, Five Hundred and no /100 Dollars ($26,600), and that the Property is to be utilized
by County for a valid public purpose.
10. 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.
11. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement 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.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated:
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
FT -9
ATTEST;
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legal sufficiency:
Je fifer B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
3
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AS TO OWNER:
DATED: 3
WITNESSES:
Witness O(Signature)
t
Witness #1 ('Print Na e)
W nes 2 (Signature) ���� II
, A * Doc � 0—
Witness #2 (Print Name)
4/24/2012 Item 16.C.5.
�V� C4�
JEA OHEN, Trustee of the
Jean Cohen Revocable Trust dated 9/2886
4
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NE Wellfield
FOLIO NUMBER: 39440160005
WARRANTY DEED
4/24/2012 Item 16.C.5.
THIS WARRANTY DEED is made this -2014 day of MA lzcN
2012, by JEAN COHEN, Trustee of the Jean Cohen Revocable Trust dated 9128176
whose address is P.O. Box 654, Bonita Springs, Florida 34133 -0654, (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 post office address is
3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 -5356 (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.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof
as Recorded in Plat Book 7, Page 92, of the Public Records of Collier
County, Florida
Subject to easements, restrictions, and reservations of record.
THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
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4/24/2012 Item 16.C.5.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
(Signature
o-! �.-
(Printed Name
(Sign t )
(Printed Name)
STATE OF FLORIDA
COUNTY OF b�
N"t'j
JEAN CO N, Trustee of the
Jean Cohen Re cable Trust dated 9/28176
The foregoing Warranty Deed was acknowledged before me this_ day of
2012 by JEAN COHEN, Trustee of the Jean Cohen Revocable Trust
dated 9/28/76, who is personally known to me or who has produced �rc,�, as
identification. "'^�
(affix notarial seal)
TOREY LYN w
NOTARY Pusuc
STATE OF FLORM
comet# EE188M
AWIP E*rss 21312046
Approved as to form and legal sufficiency:
Jennifer . White, Assistant County Attorney
(Signat re of Public)
(Print Name df Notary Public)
NOTARY PUBLIC
Seriai/Commission
My Commission ExpiresQ -17 (Le
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