Agenda 02/26/2019 Item #16C202/26/2019
EXECUTIVE SUMMARY
Recommendation to approve the termination and release of temporary construction easements
acquired for the water facilities construction in the case entitled Collier County v. Lord’s Way Realty
LLC.
OBJECTIVE: To terminate three Temporary Construction Easements (TCEs) that failed to provide an
explicit termination date. The public benefit is the elimination of a title encumbrance, which constitutes
an unnecessary cloud on title.
CONSIDERATIONS: The County acquired property by Order of Taking Parcel Nos. 720, 920, 721,
921, 722 and 922 on October 5, 2005, recorded on October 13, 2005 in Official Records Book 3910, Page
3826, Public Records of Collier County, Florida. The property was acquired for the construction,
operation, and maintenance of raw water mains, pipelines and well sites required for the Collier County
Water-Sewer District’s South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis
Expansion to 20 MGD Wellfield Project.
Generally, TCEs would explicitly denote the intended term and provide for a termination date in the
Order of Taking document or on the sketch and legal description. In this case, the Order of Taking
containing the TCEs was recorded without a termination date. This caused the TCEs to remain as an
encumbrance to the property, even though the construction was completed. The standard term for TCEs
in connection with this project was 36 months. County staff has confirmed that the TCEs are no longer
needed by the County.
To formally terminate the TCEs, the County needs to record a release of the TCEs in the official records
of Collier County. A copy of the Termination and Release of Easement is attached. This situation does
not require a formal vacation process since the omission was on the part of the County and the TCEs were
intended to expire after completion of construction.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The cost of recording the Termination and Release of Temporary Construction
Easements will be $52.50. The source of funding is the Water User Fee (412). Funding is available in,
and is consistent with, the FY2019 Capital Budget approved by the Board of County Commissioners on
September 20, 2018.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the
ex-officio governing board of the Collier County Water-Sewer District, approves the termination and
release of the three temporary construction easements and directs the County Manager, or his designee, to
record the Termination and Release of Easement in the official records of Collier County, Florida.
Prepared By: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. Termination and Release of Temporary Construction Easements.pdf1 (PDF)
16.C.2
Packet Pg. 775
02/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 7972
Item Summary: Recommendation to approve the termination and release of temporary
construction easements acquired for the water facilities construction in the case entitled Collier County v.
Lord’s Way Realty LLC.
Meeting Date: 02/26/2019
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
02/04/2019 2:30 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
02/04/2019 2:30 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 02/04/2019 2:34 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 02/04/2019 2:37 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 02/04/2019 2:49 PM
Public Utilities Department Sarah Hamilton Level 2 - Department Head Review Skipped 02/04/2019 4:55 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/05/2019 8:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/05/2019 3:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2019 8:00 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/06/2019 9:27 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/19/2019 4:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
16.C.2
Packet Pg. 776
16.C.2.aPacket Pg. 777Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)
16.C.2.aPacket Pg. 778Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)
16.C.2.aPacket Pg. 779Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)
16.C.2.aPacket Pg. 780Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)
16.C.2.aPacket Pg. 781Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)
16.C.2.aPacket Pg. 782Attachment: Termination and Release of Temporary Construction Easements.pdf1 (7972 : SCRWTP Releases)