Agenda 11/13/2012 Item #16D 111/13/2012 Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a Right of Entry to the Florida Department of Environmental
Protection to install, maintain and monitor groundwater monitoring wells at the Pepper Ranch
Preserve, at no cost to the County.
OBJECTIVE: To grant a right of entry to Florida Department of Environmental Protection for access,
construction, and maintenance of groundwater monitoring wells at the Pepper Ranch Preserve.
CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP) is requesting
permission to install 2 shallow monitoring wells at the Pepper Ranch Preserve as part of the Everglades
West Coast Watershed Basin Study. The monitoring wells are identified as MW -LT1 and MW -LT2 on
the attached location map.
FDEP's study will evaluate the role of groundwater in the contribution of contaminants to surface water
in Southwest Florida. The study in the Lake Trafford basin includes installing groundwater monitoring
wells at selected locations in the basin to collect and analyze groundwater samples from the shallow water
table aquifer. The results from this study will help the County plan water quality improvement projects
that will help restore Naples Bay.
In order for FDEP to install, maintain and monitor the monitoring wells, it will be necessary to grant
FDEP access in the form of a Right of Entry. The duration of the Right of Entry is five (5) years and may
be automatically renewed on an annual basis until completion of study.
FISCAL IMPACT: All associated costs with this transaction will be paid by FDEP. Funds in the
amount of $100.00 for recording of the Right of Entry are available to be withdrawn from the
Conservation Collier Trust Fund (172). FDEP will reimburse Conservation Collier Trust Fund (172).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATION: This item is legally sufficient and requires a majority vote for Board
action. - JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1) Approves and authorizes the Chairman to execute the attached Right of Entry; and 2) Directs the
County Manager or his designee to proceed to follow all appropriate closing procedures and to record the
aforementioned document in the Public Records of Collier County, Florida.
PREPARED BY: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management
Attachments: Right of Entry — FDEP Monitoring Wells
Location Map — FDEP Monitoring Wells
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11/13/2012 Item 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve a Right of Entry to the Florida Department
of Environmental Protection to install, maintain and monitor groundwater monitoring wells at
the Pepper Ranch Preserve, at no cost to the County.
Meeting Date: 11/13/2012
Prepared By
Name: ErbCindy
Title: Property Acquisition Specialist, Senior,Facilities
10/16/2012 8:37:52 AM
Submitted by
Title: Property Acquisition Specialist, Senior,Facilities
Name: ErbCindy
10/16/2012 8:37:53 AM
Approved By
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 10/16/2012 8:50:04 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 10/16/2012 11:21:10 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 10/16/2012 12:05:38 PM
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
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Date: 10/17/2012 11:59:43 AM
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 10/18/2012 8:59:33 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/18/2012 3:56:53 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 10/25/2012 10:11:19 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 10/29/2012 2:02:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2012 2:44:45 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/30/2012 12:35:48 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 10:19:21 AM
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11/13/2012 Item 16.D.1.
PROJECT: Conservation Collier— Pepper Ranch 11/13/2012 Item 16.D.1.
FDEP Monitoring Wells
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that hereinafter COLLIER COUNTY,
a political subdivision of the State of Florida, its agents, contractors or assigns, whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, known
as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration to it in hand paid, does hereby grant unto the FLORIDA DEPARTMENT
OF .ENVIRONMENTAL PROTECTION, ,SOUTH .DISTRICT OFFICE, : whose mailing„
address is PO Box 2549, Fort Myers, FL ' 33902, hereinafter known as GRANTEE, the
temporary license and right to enter upon the lands of the Grantor, for the sole purpose
of installing, maintaining and monitoring two (2) shallow monitoring wells within the
property described in Exhibit "A ".
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for five
(5) years from date accepted by Grantor. This Right of Entry shall automatically be
renewed for a further period of one (1) year at the end of each demised term and shall
continue in full force and effect unless either party has notified the other by registered or
certified mail, return receipt requested, at least ninety (90) days prior to the expiration of
the demised term of its intention not to renew.
ADDITIONALLY, the rights and interest granted hereunder are conditioned
upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably
interfere with Grantor's use of the lands described in Exhibit "A ", and agrees to provide
Grantor with advance notice when exercising its rights hereunder. Grantee shall
indemnify, defend, save and hold harmless the Grantor against and from, and to
reimburse the Grantor with respect to, any and all damages, claims, liabilities, laws,
costs and expenses. Grantee further agrees that it shall, at the Grantee's cost, repair
any damage caused to Grantor's property as a result of Grantee's exercise of its rights
hereunder.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed in its name this day of , 2012.
Dated Project/Acquisition Approved by BCC:
AS TO GRANTOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
Jeff Wright]
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
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11/13/2012 Item 16.D.1.
EXHIBIT "A"
MW -LT1 Location Information:
• Beginning at GPS point 81 °28'53.8265 "W, 26'26'23.2905"N, Collier County,
Section 35, Township 46, Range 28, intersection of Lake Trafford Rd and Pepper
Road.
• Follow Pepper Road west 2,455 feet (which is 50 feet east of where Lake
Trafford Oaks Drive begins and Pepper Road turns north)
• Follow paved entrance southwest for 55 feet to gate.
• Enter Conservation Collier property at Gate.
• Follow two -track path southwest for 185 feet
• Follow clearing along south side of tree line west for 80 feet.
• Well site is 15 feet south of tree line that runs east/west at GPS point
81029'22.289'W 26 026'22.4248 "N in Section 35, Township 46, Range 28.
• Monitoring Well site not to exceed 5'x 5' in area.
MW -LT2 Location Information:
• Beginning at GPS point 81 028'53:8265 "W, 26 °26'23.2905 "N, Coiner County,
Section 35, Township 46, Range 28, intersection of Lake Trafford Rd and Pepper
Road.
• Follow Pepper Road west 2,505 feet.
• Pepper Road turns north. Follow Pepper Road northwest for 80 feet to gate.
• Enter Conservation Collier property at Gate.
• Follow Pepper Road north 1,310 feet
• Pepper Road turns west. Follow Pepper Road west 2,560 feet.
• Pepper Road turns north. Follow Pepper Road north 1,300 feet.
• Pepper Road turns west. Follow Pepper Road west 2,235 feet.
• Pepper Road turns southwest. Follow Pepper Road southwest 255 feet.
• Pepper Road turns west - southwest. Follow Pepper Road west - southwest 2,830
feet.
• Pepper Road turns south. Head west 80 feet into clearing on west side of Pepper
Road.
• Well site is at GPS point 81 °31'1.9727 "W 26 026'44.7335 "N in Section 28,
Township 46, Range 28.
• Monitoring Well site not to exceed 5' x 5' in area.
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Lake Trafford Basin - BMAP
Groundwater Monitoring Priority Areas
3 New Wells - 2 Existing USGS Wells
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11/13/2012 Item 16.D.1.
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