Agenda 02/23/2010 Item #16B 1
Agenda Item No. 16B1
February 23, 2010
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation to approve a resolution providing for the acceptance of real property
conveyances to the County or to the County Water-Sewer District which are made
pursuant to ordinances, agreements, conditional use stipulations, or which have been
requested by the County Manager, or his designee, as a pre-condition for the approval of
site development plans, and which authorizes the Chairman of the Board to execute certain
agreements related to said conveyances.
OBJECTIVE: To approve a resolution accepting certain real property conveyances, delegating
authority to the Board Chairman to execute certain agreements on behalf of the Board, and
delegating certain ministerial authority to the County Manager, or his designee, to record said
conveyances in the public records,
CONSIDERATIONS: All throughout each year, various interests in real property must be
conveyed to Collier County in order to fulfill development commitments as required by re-zone
ordinances, conditional use stipulations and site development plan approvals, The formal
acceptance of these conveyances is necessary for the establishment of the right to construct
and/or maintain improvements over, under, upon and across said real property,
Resolution Number 2004-209 approved by the Board on June 22, 2004, provided for the
acceptance of such real property conveyances but fell short of authorizing the Chairman of the
Board to execute certain agreements on behalf of the Board, There are two types of agreements
which are important to many ofthese real estate transactions:
I. "Donation" Agreements - where it is documented that no compensation whatsoever
is being paid to the grantor in exchange for the real property conveyance; and
2. Utility Subordination Agreements - where entry into such agreement with a utility
service provider is required in order to obtain the utility company's subordination of
their prior easement interest to that of the interest sought by the County,
A "Sample Real Property Conveyance Agreement" is attached to the resolution as Exhibit "A."
The important provisions of this agreement are that no compensation shall be paid for the real
property interest being conveyed, and that the conveyance is contingent upon no other
provisions, conditions, or premises other than those so stated in the agreement; and that the
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 therein. This
language is intended to foreclose future disputes before they are made, wherein a property owner
claims that certain promises were made by County staff in exchange for the conveyance of the
real property interest.
In addition, a "Sample Subordination of Utility Interests and Agreement for Reimbursement for
Additional Facility Relocations" is attached to the resolution as Exhibit "B." The provisions of
Agenda Item No. 1681
February 23,2010
Page 2 of 18
these agreements, the basic format of which is used by nearly all utilities (Florida Power and Light,
Embarq, Comcast, AT&T, etc.), conform to the Utility Accommodation Guide which has as its
root Federal Highway Administration interstate highway policies and procedures, and which is
promulgated by FDOT Agency Rule in the Florida Administrative Code, ChapterI4-46. The basic
provisions of the Utility Accommodation Guide are as follows: If the utility company's existing
facilities are located in the public right-of-way, and they need to be moved to accommodate public
works improvements, then the utility company must relocate them at the company's expense. If
the utility company's existing facilities are located in an easement held by the company, and they
need to be moved to accommodate public works improvements, then the government pays for the
relocation.
The cost of utility facilities relocation is usually never known until just prior to construction when
the utility develops a relocation plan, and a cost estimate, and then makes an adjustment for the
useful service life of the facilities. If the facilities have to be moved, and the company is entitled to
reimbursement. then the cost is whatever it is, and the govemment either pays it, or redesigns or
abandons its public works project.
The attached Resolution creates a blanket acceptance of real property conveyances made to
Collier County which have been requested by Collier County, through one venue or another,
streamlines the process for recording such conveyances in the public records, and delegates
authority to the Board Chairman to execute certain agreements on behalf ofthe Board.
FISCAL IMPACT: There will be no fiscal impact on the planned budget as a result of this
request.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's long-
range planning effort.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action.-RNZ
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to execute the attached Reso lution.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM
Attachments: (1) Resolution No. 2010-_ (ready for adoption by the Board, execution by its
Chairman, and indexing by the Clerk); (2) Sample Real Property Conveyance Agreement (as
Exhibit "A" to the Resolution); (3)Sample Utility Subordination and Facilities Relocation
Agreement (as Exhibit "B" to the Resolution); (4) Resolution No. 2004-209 (the Resolution
being superseded); and (5) a red-lined version of Resolution No. 2004-209.
Agenda Item No. 1681
February 23,2010
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681
Recommendation to approve a Resolution providing for the acceptance of real property
conveyances to the County or to the County Water-Sewer District which are made pursuant
to ordinances, agreements, conditional use stipulations, or which have been requested by
the County Manager, or his designee, as a pre-condition for the approval of site development
plans, and which authorizes the Chairman of the Board to execute certain agreements
related to said conveyances.
Meeting Date:
2/23/20109:00:00 AM
Prepared By
Kevin Hendricks
Manager ~ Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
1181201011:18:32 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
1/81201011:42 AM
Approved By
Norm E. Feder, AICP
Administrator ~ Transportation
Date
Transportation Division
Transportation Administration
1/8/20104:36 PM
Approved By
Robert N, Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
11111201012:37 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
1/11/201012:48 PM
Approved By
Therese Stanley
Manager ~ Operations Support - Trans
Date
Transportation Division
Transportation Administration
1111/20104:52 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
1/12120109:43 AM
Approved By
Toni A. Mott
Manager - Property Acquisition & Const
M
Date
Administrative Services
Agenda Item No. 1681
February 23,2010
Page 4 of 18
Division
Facilities Management
1/12/20103:02 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
1/13/201011:02 AM
Approved By
Jeff Klatzkow
County Attorney
Date
1/14/20104:43 PM
Approved By
Skip Camp, C.F.M,
Director ~ Facilities Management
Date
Administrative Services
Division
Facilities Management
219120103:25 PM
Approved By
James W. DeLany
Date
County Attorney
County Attorney
219/2010 3:59 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/10/20109:37 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
2/10/20106:02 PM
Agenda Item No. 1681
February 23, 2010
Page 5 of 18
SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of , 20_, by and between
, whose mailing address is (hereinafter referred to as
"Grantor"), and COLLIER CO UNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County an
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, Grantor recognizes the benefit to Grantor 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
Property 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, Grantor 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
(Grantor's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing,"
3. Prior to Closing, Grantor 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. At
or prior to Closing, Grantor shall provide County with a copy of any existing prior
title insurance policies. Grantor shall provide such instruments, properly
executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
Agenda Item No. 1681
February 23, 2010
Page 6 of 18
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 Easement.
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. 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.
7. Conveyance of the Easement by Grantor 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,
8, 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 on
the date first above written.
AS TO COUNTY:
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
, Chairman
Last Revised: 11/30/09
Agenda Item No. 1681
February 23. 2010
Page 7 of 18
AS TO GRANTOR:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attomey
Last Revised: 11130109
Agenda Item No. 1681
February 23,2010
Page 8 of 18
SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT
FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this _ day of , 20] 0, by and between COLLIER COUNTY,
a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY
PROVIDER 1 (hereinafter referred to as "Utility"),
WITNESE TH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for
highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of the
interest claimed in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the
public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each,
and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any
future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on
Exhibit" A", attached hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility
and the County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"
attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of
constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on
the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
The County and the Utility further agree that:
I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which
includes the Utility's easements identified above and additional lands for public right-of-way, as described
in Exhibit" A", attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and
relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance
with the County's current minimum standards for such facilities as ofthe date of this agreement. Any new
construction or relocation of facilities within the public right-of-way will be subject to prior approval by
the County.
Agenda Item No. 1681
February 23. 2010
Page 9 of 18
3, The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located
presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or
adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,
but not limited to, the cost of acquiring replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined
in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or
interfere with such facilities. The County shall provide and insure access to said lands by the Utility,
5, The Utility agrees to repair any damage to County facilities and to indemnifY the County against any loss
or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to,
upgrade or remove its facilities on the said public right-of-way,
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
,CHAIRMAN
Signed, sealed and delivered
in the presence of:
Print Name:
By:
Title:
Print Name:
By:
By:
Print Name:
(Corporate Seal)
2
Utility Subordination Agreement
Agenda Item No. 1681
February 23, 2010
Page 10 of 18
STATE OF
COUNTY OF
I hereby certiry that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared , to me known and personally known to me to be the person described
in, and did not take an oath and who executed the foregoing instrument as the of
and acknowledged before me that he executed the same as such official in the
name and on behalf of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this _ day of
,2010,
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Approved as to form and
legal sufficiency:
Assistant County Attorney
3
Utility Subordination Agreement
RESOLUTION NO. 2004. 209
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COILIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF AIL
REAL PROPERTY CONVEYANCES MADE EITHER TO COll.lE.R COUNTY.
A POUTICAL SUBDIVISION OF THE STArn OF FLORIDA, OR TO THE
COILIER COUNTY WArnR.SEWER DISTRICT, WHICH ARE HEREAFI'IlR
MADE IN COMPUANCE WITII THE DEVELOPMENT COMMITMENT
REQUlREMENTs OF ANY AND AU. ORDINANCES, OR IN FULFILLMENT
OF OBUGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT
ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS,
OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL
IMPROVEMENT PROJECT.
Agenda Item NO.1 1
February 23, 2 10
Page 11 0 18
WHEREAS, the Board of County Commissioners is the governing body of Collier County, a
political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the
Collier County Water-Sewer District (hereinafter coliectively referred to as "Collier County"); and
WHEREAS, various interests in real property must often be conveyed to Collier County for
pUblic use in order to fulfill certain development commitments stipulated by Collier County
ordinances, development orders, conditional use approvals, site development plan approvals, or in
order to fulfill obligations which may now or in the future be contained in agreements between
Collier County and any legal entity for the construction of capital improvement projects; and
WHEREAS, the fonnal acceptance by Collier County of such conveyances is important in
tbat infrastructure maintenance responsibilities are thereby established, and the public's right to
utilize certain real property becomes documented through such acceptance; and
WHEREAS, the growth of Collier County necessitates an 'increasing number of such
conveyances year after year, which would otherwise require C;:ounty staff to prepare an increasing
number of executive summaries to bring each separate "acceptance" before' the Board of County
Commissioners; and
WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time
and paperwork whicb is generated by the fonnalized acceptance process for each cnnveyance.
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be
conveyed to Collier County, or to the Coiiier County Water.Sewer District, and which are conveyed
as a development commitment requirement pursuant to any County ordinance, ss a stipulation or
.con~ition of Conditional Use approval or Site Development Plan approvsl, or in fulfillment of any
obligation which may now or in the future be contained in any agreement between Coilier County
and any other legal entity, or which real property conveyances are required for the construction of
Page 1
Agenda Item No. 1 1
February 23,2 10
Page 12 of 18
any capital project which hu been approved by the Board of County Commissioners, are hereby
accepted.
AND IT IS FURTIlliR RESOLVED that in order to document the acceptance of any such
conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance
on behalf of Collier County, with reference made to this resolution. shall be affixed to such
conveyance instrument by County staff prior to Ita recording In th. Public Rccorda of Collier
County, Florida.
AND IT IS FURTIlBR RESOLVED that the Chairman of the Board of County
Commissioners is hereby authorized to execute all documenta pertaining to the acceptance of any
such real property conveyance. or pertaining to lhe clemng of the lien of any encumbrances from
any such conveyance,
AND IT IS FURTIlBR RESOLVED that the staff Is authorized to follow proper real estate
closing procedures and record all such conveyance and curative instruments in the Public Records
of Collier County, Florida.
AND IT IS FURTIlBR RESOLVED that Resolution No, 2004-25 is hereby superseded snd
replaced in its entirety.
~^L _
TIllS RESOLUTION ADOPTED on this L day of " JV/\ L , 2004 after motion, second and
majority vote.
ATI'EST:
DWIOlIT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
. OF COLLIER COUNTY ;~RIDA
BY:DONNb~f~il
. .\~1' e01RD .
~(t;M~;f4..~lI C.
.' ~ ,<f'\.....t~ ....:.
. to. l>""1~"'~;~ .J~
Attest I' "t!l tJ;i,1riM"~ . ~
slgn.tur'~I:J1;;'i!LlIP c{
@,.,..... .i,
. '''J,'': ~ ~~~~~ i~ ~ ~\~~~
Approvod as to form and
legal sufficiency:
tJAd fA-
I ......-
HeIdi F. Ashton
Aasiatant County Attorney
118m' Ih.B6
~::d8 6, 21 o'{
~~~d 6:ra~{jj
Page 2
Agenda Item No. 1681
February 23, 2010
Page 13 of 18
RESOLUTION NO. 2004-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL
REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER
MADE IN COMPLIANCE WIllI THE DEVELOPMENT COMMITMENT
REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT
OF OBLIGATIONS PURSUANT TO AGREEMENTS, DEVELOPMENT
ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULATIONS,
OR AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL
IMPROVEMENT PROJECT,
WHEREAS, the Board of County Commissioners is the governing body of Collier County, a
political subdivision of the State of Florida (hereinafter referred to as "Countv"):. and iF! ad.aitisfI. is
ei'~ eff:ieie tAe CEP:emiRg Beard sftAe Callier CSI:IR't 'Vater Se',n~r Distriet (h8Feiaa:fl:er eslleeti\'ely
refeFfea 18 as "Callier (BURt) "); aaa
WHEREAS. the Board of County Commissioners is also ex-officio the Governine: Board of
the Collier County Water-Sewer District (hereinafter referred to as "District"): and
WHEREAS, various interests in real property must often be conveyed to GeHieF the County
and to the District for public use in order to~ fulfill certain development commitments stipulated
by Collier County ordinances, development orders, conditional use approvals, site development plan
approvals;~ ar if!. ar€er t8 fulfill obligations which may now or in the future be contained in
agreements between GeJHep either the County or the District and any legal eatity orooertv owner: or
(3) which are conveyed to the County or to the District. at the reQuest of the County ManatZer or his
desie:nee. for the construction of capital improvement projects; and
WHEREAS, the exoress and fonna! acceptance by b<>!lief the County and/or the District of
such real orooerty conveyances is important ffi &that infrastructure maintenance responsibilities are
theres) established, and the public's right to utilize certain real property becomes documented
through such acceptance; and
WHEREAS, the growth of Collier County necessitates an increasing number of such
conveyances year after year, which would otherwise require Ce1:lIltJ' staff t8 the prepareation of an
increasing number of executive summaries to BRAg for the ournose of olacine: each separate
"aseef)tElRee" conveYance before the Board of County Commissioners for its exoress and formal
acceotance.t-aRd
Page 1
Agenda Item No. 1681
February 23,2010
Page 14 of 18
'NHERE.\~, it is aesil'8sle afu:l ia tke l3est iateFe5t efCellier CS1:tRtj ta reaaee H=ie staff tifFI e
amI pa]ger"\ 81'1: y. Aieh is geaeFatee l3y the f<8FffiWized aeeeptaflse f.lfseess fer eaeh ssm ej Rase.
NOW, THEREFORE. BE IT RESOLVED that all interests in real property which may be
conveyed to GetHef-~County; or to the Callier rauB!)' WatBf Sewer District, and which are
conveyed~ as a development commitment requirement pursuant to any County ordinance or
develooment order, as a stipulation or condition of Conditional Use approval Of Site Development
Plan approval~; 6f- _i2.lJn fulfillment of any obligation which may now or in the future be contained
in any agreement between GetHef ~County or the District and any etker legal eAtit)'orooertv
owner:, or iJl..which real property conveyances to the Countv or to the District which have been
reouested bv the County Manal!er or his desil!nee. and are required for the construction of any
Board~aDDroved capital imorovement project ""flieR Bas BeeR RflfJrs\ ea BY tRe Beara Elf Ce\:ffit)
CefRfflissisReFS, are hereby accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such
conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance
on behalf of Collier County, with reference made to this resolution, shall be affixed to such
conveyance instrument 8) CBoot:.' staff prior to its recording in the Public Records of Collier
County, Florida.
AND IT IS FURTHER RESOLVED that the Board aooroves and authorizes its Chairman
to execute on behalf of the Board a2Teements between real propertY Grantors and the County or the
District for which no compensation is beinl! oaid. and in substantially the same fonn as the Samole
Real Property Conveyance Aereement attached hereto and made a Dart hereof as Exhibit "A." ef
Catm.t:. CSffimissieners is keres) a1.ttfJ.erizea t8 eneel:1te all aSel:1ffleRts fJertaiRiag t8 t.BE! li€sefJt;aRee
of any Sl:16B real fJrsJ3erty em}'.'e:, ane!!, Elf 13er-taiRiag ta 1:J:Je steering aftRe lien af an:.' efl61:lffiBFafleeS
item aR:" SlieR eeR':eyanee.
AND IT IS FURTHER RESOLVED that the Board herebv aooroves and authorizes its
Chainnan to execute on behalf of the Board a2Teements between Utility Providers and the County or
the District in substantiallv the same Conn as that Samole Subordination of Utility Interests and
Al!reement for Reimbursement for Additional Facilities Relocation attached hereto and made a Dart
hereof as Exhibit "B."
Page 2
Agenda Item No. 1681
February 23, 2010
Page 15 of 18
AND IT IS FURlliER RESOLVED that the 5laff the County Mana,er or his des;""ee is
authorized to follow proper real estate closing procedures and record all such conveyance and
curative instruments in the Public Records of Collier County, Florida.
AND IT IS FURlliER RESOLVED that Resolution No. 2004-~209is hereby superseded
and replaced in its entirety.
lliIS RESOLUTION ADOPTED on this _ day of
and majority vote.
, 200410 after motion, second
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLEDON'I'J.\ FIALA. Chairman
Approved as to form and
legal sufficiency:
He;"i F, . \sAtaRRobert N, Zacharv
Assistant County Attorney
Page 3
Agenda Item No. 1681
February 23, 2010
Page 16 of 18
RESOLUTION NO. 2010-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF
ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. OR
TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE
HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT
COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR
IN FULFILLMENT OF OBLIGATIONS PURSUANT TO AGREEMENTS,
DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS
OR STIPULATIONS, OR AS MAY BE REQUIRED FOR THE
CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT,
WHEREAS, the Board of County Commissioners is the governing body of Collier
County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and
WHEREAS, the Board of County Commissioners is also ex-officio the Governing Board
of the Collier County Water-Sewer District (hereinafter referred to as "District"); and
WHEREAS. various interests in real property must often be conveyed to the County and
to the District for public use in order to: (1) fulfill certain development commitments stipulated
by Collier County ordinances, development orders, conditional use approvals, or site
development plan approvals; or (2) fulfill obligations which may now or in the future be
contained in agreements between either the County or the District and any property owner; or (3)
which are conveyed to the County or to the District, at the request of the County Manager or his
designee, for the construction of capital improvement projects; and
WHEREAS, the express and formal acceptance by the County and/or the District of such
real property conveyances is important so that infrastructure maintenance responsibilities are
established, and the public's right to utilize certain real property becomes documented through
such acceptance; and
Agenda Item No. 1681
February 23,2010
Page 17 of 18
WHEREAS, the growth of Collier County necessitates an increasing number of such
conveyances year after year, which would otherwise require the preparation of an increasing
number of executive summaries for the purpose of placing each separate conveyance before the
Board of County Commissioners for its express and formal acceptance,
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may
be conveyed to the County or to the District, and which are conveyed: (I) as a development
commitment requirement pursuant to any County ordinance or development order or, as a
stipulation or condition of Conditional Use approval or Site Development Plan approval, or (2) in
fulfillment of any obligation which may now or in the future be contained in any agreement
between the County or the District and any property owner; or (3) which real property
conveyances to the County or to the District which have been requested by the County Manager
or his designee, and are required for the construction of any Board-approved capital improvement
project, are hereby accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance of any
such conveyance of an interest in real property to Collier County, a stamp or seal attesting to
acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to
such conveyance instrument prior to its recording in the Public Records of Collier County,
Florida.
AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its
Chairman to execute on behalf of the Board agreements between real property Grantors and the
County or the District for which no compensation is being paid, and in substantially the same
form as that Sample Real Property Conveyance Agreement attached hereto and made a part
hereof as Exhibit "A,"
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Agenda Item No. 1681
February 23,2010
Page 18 of 18
AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its
Chairman to execute on behalf of the Board agreements between U1ility Providers and the
County or the District in substantially the same form as that Sample Subordination of Utility
Interests and Agreement for Reimbursement for Additional Facilities Relocation attached hereto
and made a part hereof as Exhibit "B."
AND IT IS FURTHER RESOLVED that the County Manager or his designee is
authorized to follow proper real estate closing procedures and record all such conveyance and/or
curative instruments in the Public Records of Collier County, Florida.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-209 is hereby superseded
and replaced in its entirety.
TillS RESOLUTION ADOPTED on this _ day of
, 20 I 0 after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and
~~
r
Robert N. Z ary
Assistant County Attorney
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