Agenda 06/23/2009 Item #16B10
Agenda Item No. 16810
June 23, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a declaration setting aside county-owned property for Collier
Boulevard roadway, sidewalk, bike path, drainage and utility facilities. (Project No. 60001.)
Estimated Fiscal Impact: $20.00.
OBJECTIVE: To obtain Board approval to establish for the public record by declaration that
certain property owned by Collier County shall hereinafter be put to certain specific public uses,
namely roadway, sidewalk, bike path, drainage and utility facilities.
CONSIDERATIONS: Collier County is the fee simple owner of vacant property acquired
during August 2002 as part of the Lely Area Stormwater Improvement Project and now
earmarked for construction of a County park. This 99 acre property is situated on the west side
of Collier Boulevard between Davis Boulevard and Rattlesnake Hammock Road. A five foot
strip along the east side of this property, as more fully set out in the attached Declaration with
legal description and sketch, is needed to accommodate the relocation of a Florida Power & Light
Company power pole and overhead wires. The power pole is presently located within a proposed
sidewalk to be constructed as part of the Collier Boulevard Project. The proposed designated use
of this five foot strip for roadway, sidewalk, bike path, drainage and utility facilities will not
adversely affect the future plans for this property.
This declaration is to be recorded in the public records as constructive notice to all that the
subject property (five foot strip) is being put to the uses as described.
FISCAL IMPACT: The only costs to Collier County are the costs to record the declaration,
which will not exceed $20.00. Source of funds are gas taxes and/or impact fees.
GROWTH MANAGEMENT IMPACT: The Collier Boulevard Project is consistent with the
Long Range Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This Executive Swnmary is legally sufficient for Board action.
This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires
majority vote only. - JBW
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached declaration and authorize the Chairman to execute same on behalf of the
Board;
2. Direct the County Manager or his designee to record the declaration in the Public Records of
Collier County, Florida; and
3. Authorize the payment of all costs and expenses necessary to record same.
Prepared by: Robert Bosch, Right-of-Way Coordinator, TECM
Attachment: Declaration with Exhibit "A".
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 16810
June 23, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B10
Recommendation to approve a declaration setting aside county -owned property for Collier
Boulevard roadway, sidewalk, bike path, drainage and utility facilities Project No. 60001.
Estimated Fiscal Impact $2000
6/23/200990000 AM
Prepared By
Robert Bosch
Transportation
Date
Right of Way Coordinator
TECM
6/8/20092:11 :25 PM
Date
Approved By
Margaret A. Bishop
Transportation Services
Project Manager
Stormwater Management
6/8/20093:13 PM
Approved By
Jennifer A. Belpedio
County Attorney
Date
Assistant County Attorney
County Attorney Office
6/8/20093:15 PM
Approved By
Marlene Messam
Transportation Services
Date
Senior Project Manager
Transportation Engineering &
Construction Management
6/8/20093:22 PM
Date
Approved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
6/8/20094:15 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TECM-ROW
6/8/20095:57 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
6/9/2009 2: 18 PM
Date
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Stormwater Management
6/9/2009 5:07 PM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
6/10/20098:25 AM
Date
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Road Maintenance
6/10/200911:22 AM
Date
Approved By
Therese Stanley
Grants Coordinator
file://C:\AgendaTest\Export\ 132-June%2023,%202009\ 16.%20CONSENT%20AGENDA \ 1... 6/17/2009
Page 2 of2
Agenda Item No. 16810
June 23, 2009
Page 3 of 5
Transportation
Transportation Administration
6/11/200910:42 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
6/11/20095:01 PM
Appro\'ed By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
6/12/2009 1 :33 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/15/20097:46 AM
Approved By
Susan Usher
Senior ManagementJBudget Analyst
Office of Management & Budget
Date
County Manager's Office
6/15/20093:48 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
6/15120095:36 PM
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Agenda Item No. 1 10
June 23, 09
Page 4 f 5
PROJECT: Collier Blvd. #60001
PARCEL: FPL
FOLIO NO.: 00418560006
DECLARATION OF RIGHT .oF.WAY FOR ROAD, SIDEWALK,
DRAINAGE AND UTILITY FACILITIES
THIS DECLARATION is made this day of ,2009, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Declarant. .
WHEREAS. Declarant is the owner of certain real property situated in Collier
County, Florida, a portion of which Declarant desires to set aside and reserve in
perpetuity for right-of-way, drainage and utility purposes, said portion being more fully
described as follows and hereinafter referred to as the .Property":
See attached Exhibit "A" which is
incorporated herein by reference.
NOW, THEREFORE, Declarant does hereby set aside and specifically reserve
the Property for construction and maintenance of roadway, sidewalk, bike path,
drainage and utility facilities, including the installation of overhead and/or underground
electrical transmission and distribution facilities, and overhead and/or underground
telephone, fiber-optic and cable television facilities.
THIS DECLARATION may be amended or terminated by an affirmative vote of
the Board of County Commissioners.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed
the date and year first written above.
ATTEST:
DWIGHT E. BROCK, Cieri<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
, Deputy Clerk
BY:
DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
~~w~
Jenn' er B. White
Assistant County Attomey
Agenda Item No. 16810
June 23, 2009
Page 5 of 5
EXHIBIT i~\
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LEGAL DESCRIPTION AND SKETCH OF DECLARATION
OF RIGHT-OF-WAY (NOT TO SCALE)
THE EAST FIVE FEET OF THE PROPERTY DESCRIBED IN
WARRANTY DEED RECORDED IN O.R. BOOK 3091. PAGES 2521 -
2523. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
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COLLIER COUNTY (OR I
BOOK 3091, PAGE 1511)
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COLLIER COUNTY (OR.
BOOK 148'. PAGE J087,
RE.RECORDED IN O.R.
BOOK 1491. PAGE 4201