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Agenda 05/24/2011 Item #16C45/24/2011 Item 16.C.4. EXECUTIVE SUMMARY Recommendation to approve a Utility Easement to the Collier County Water -Sewer District for the construction and maintenance of water utilities for the landfill gas -to- energy facility at the Collier County Landfill, at no cost to the County. OBJECTIVE: To approve conveyance of an easement from Collier County, a political subdivision of the State of Florida (County) to the Collier County Water -Sewer District (CCWSD), and acceptance of the easement by the CCWSD, for the construction and maintenance of water utilities extended during the construction of the landfill gas -to- energy facility (LGTE) at the Collier County Landfill (Landfill). CONSIDERATIONS: The Board of County Commissioners (Board), at their December 16, 2008 meeting, approved Agenda Item IOL authorizing the Landfill Gas Sales Agreement and Ground Lease between Collier County and Waste Management Inc. of Florida. The construction of the LGTE is nearing completion and testing of the equipment is scheduled to begin in May. A Utility Easement to the CCWSD for the water utilities, including, but not limited to water lines, pipes and valves, installed within the Utility Easement area, is required to provide access for maintenance of the water utilities and future installation, as needed. The Utility Easement area measures a total of approximately 38,322 square feet, and is shown and described on Exhibit "A" to the Utility Easement. A location map is attached for reference. FISCAL IMPACT: There is no fiscal impact to the County as a result of this Utility Easement. LEGAL CONSIDERATIONS: The attached Utility Easement has been approved for form and legal sufficiency. This item requires a majority vote for approval. -JBW GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners: 1. Approves the attached Utility Easement. 2. Authorizes the Chairman to execute the Utility Easement. 3. Accepts the attached Utility Easement in its capacity as the ex- officio governing board of the CCWSD. 4. Directs the County Manager or his designee to proceed to record the Utility Easement in the Public Records of Collier County, Florida. Prepared By: Sue Jim Zimmerman, Property Acquisition Specialist; Real Property Management, Department of Facilities Management Attachments: Utility Easement; Location Map Packet Page -1363- COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4. 5/24/2011 Item 16.C.4. Item Summary: Recommendation to approve a Utility Easement to the Collier County Water -Sewer District for the construction and maintenance of water utilities for the landfill gas - to- energy facility at the Collier County landfill, at no cost to the County. Meeting Date: 5/24/2011 Prepared By Name: ZimmermanSue Title: Property Acquisition Specialist,Facilities Management 5/2/2011 11:54:53 AM Submitted by Title: Property Acquisition Specialist,Facilities Management Name: ZimmermanSue 5/2/2011 11:54:55 AM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 5/2/2011 1:26:08 PM Name: Dayne Atkinson Title: Project Manager,Public Utilities Engineering Date: 5/2/2011 3:56:54 PM Name: HapkeMargie Title: VALUE MISSING Date: 5/2/20114:35:43 PM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 5/4/2011 10:59:51 AM Packet Page -1364- Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 5/6/2011 7:34:42 AM Name: DeLonyhm Title: Administrator - Public Utilities, Date: 5/6/2011 11:22:17 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 5/9/2011 11:31:45 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 5/9/20114:03:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/10/2011 9:25:56 AM Name: OchsLeo Title: County Manager Date: 5/15/2011 8:38:29 PM Packet Page -1365- 5/24/2011 Item 16.C.4. PROJECT: LANDFILL GAS -TO- ENERGY FOLIO: OD298520004 UTILITY EASEMENT 5/24/2011 Item 16.C.4. THIS EASEMENT, made and entered into this __ day of 2011, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "Grantor ", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose post office address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee W ITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non- exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. [THIS IS NOT HOMESTEAD PROPERTY.] TO HAVE AND TO HOLD the some unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk Approved as to form and legal sufficiency: Jennifer EIFR hite, Assistant County Attorney FRED W. COYLE, Chairman Packet Page -1366- z 0 > CO C < IR M t, 5/24/2011 Item 16.C.4. &IRA Z. hp,RCO MITI Ell, H2 Z WUKI�Aa4MHW!il 16P Egg gg } 93 !q�QHH,14 M914-xm ;l 4 x 11" 08 .6 10 wozw ag 0. rri ;70 Goo, 1 0 EXHIBIT—- Page—Lof I Packet Page -1367- 5/24/2011 Item 16.C.4. 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