Agenda 07/28/2009 Item #16D 5Agenda Item No. 16D5
July 28, 2009
EXECUTIVE SUMMARY Page 1 of 5
Recommendation to approve an Agreement regarding the conveyance of a portion or all of the
access easement acquired for the Delasol Neighborhood Park at a cost not to exceed $42, Project
800605.
Obiective: To obtain Board of County Commission (Board) approval of the attached Access
Easement Agreement (Agreement) to convey to the Delasol Homeowner's Association (Delasol HOA)
a portion or all of the access easement acquired for the property previously identified to be a
neighborhood park within the Delasol PUD.
Considerations: On December 2, 2008, the Board of County Commissioners voted 3 -2 to quit -claim
deed Tract U, previously dedicated and deeded to the County for a neighborhood park, to the Delasol
HOA. On July 7, 2009, the Quitclaim Deed was recorded in the Collier County Public Records,
together with Centex's release and an Indemnity Agreement between the County and the Delasol
HOA. The County and the Delasol HOA further agreed to modify the access easement, and have set
forth the Board's direction in the attached Agreement.
LEGAL CONSIDERATIONS: The developer of the Delasol community conveyed an access
easement to Collier County by plat to enable the public to access the formerly proposed public
neighborhood park. Since the park project was canceled and the County conveyed the park parcel to
the Delasol HOA, the access easement is no longer needed to access the park. In accordance with
Section 255.22, FS, if property is donated to the county and not used for the purpose it was conveyed,
the County may convey the property back to the owner or successor in title by quitclaim deed. The
Delasol HOA has requested that a portion of the access easement be conveyed to the Delasol HOA and
has agreed to allow the County to use a portion of the access easement if the County acquires a
neighboring parcel for conservation purposes. But if the County does not acquire the property for
Conservation purposes, then the Delasol Community has asked for the entire access easement to be
conveyed to the Delasol HOA. This item is ready for Board consideration. It is not quasi - judicial and
ex parte disclosures are not required. A majority vote of the Board is necessary for Board action- -
HFAC
Fiscal Impact: The only costs to Collier County arising from entering into this Agreement are
recording costs and a certified copy of the recorded document not to exceed $42. The funds will be
paid from Project 800605,
Growth Management Impact: Neighborhood parks are not inventoried in the Growth Management
Plan.
Recommendation: That the Board:
1. Approve the attached Access Easement Agreement and authorize the Chairman to
execute same on behalf of the Board;
2. Direct the County Manager or his designee to record the Agreement in the Public
Records of Collier County, Florida; and
3. Authorize the payment of all costs and expenses necessary to record the Agreement.
PREPARED BY: Sue Jim Zimmerman; Property Acquisition Specialist; Real Property Management,
Department of Facilities Management Department
Page 1 of 1
Agenda Item No. 16D5
July 28, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16D5
Item Summary: Recommendation to approve an Agreement regarding the conveyance of a portion or all of
the access easement acquired for the Delasol Neighborhood Park at a cost not to exceed
$42, Project 800605.
Meeting Date: 7/28/2009 9:00:00 AM
Prepared By
Sue Zimmerman
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
7/10/2009 4:27:38 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
711312009 8:54 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/13/2009 4:03 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
7/1412009 3:37 PM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
7/14/2009 3:58 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
711 512009 11:18 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1512009 1:38 PM
Approved By
Jeff Kiatzkow County Attorney Date
County Attorney County Attorney Office 711512009 5:47 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 7/2012009 2:18 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 7/20/2009 4:56 PM
file: / /C: \AgendaTest \Export\ 133- July %2028, %202009\ 16. %2000NSENT %20AGENDA\ 1... 7/22/2009
Prepared by and Return To:
Agenda Item No. 161D5
July 28, 2009
Page 3 of 5
Mark E. Adamczyk, Esq.
Peck & Peck, P.A.
5801 Pelican Bay Blvd., Suite 103
Naples, Florida 34108
ACCESS EASEMENT AGREEMENT
This Agreement to Vacate Access Easement (the "Agreement ") dated the day of
2009, by and between DELASOL HOMEOWNERS ASSOCIATION, INC., a
Florida not - for - profit corporation ( "Delasol "), with a mailing address of c/o Integrated Property
Management, 3435 106` Street North, Suite 201, Naples, Florida 34103, and COLLIER
COUNTS', FLORIDA, a political subdivision and County of the State of Florida ( "County "),
with a mailing address of 3301 E. Tamiami Trail, Naples, Florida 34112,
WHEREAS, Delasol is the owner of the following real property located in Collier
County, Florida:
Tract "P -5 ", as shown on the plat of DELASOL PHASE TWO, a subdivision in Collier
County, Florida, according to the plat thereof recorded in Plat Book 41, Pages 51 through
55, inclusive, of the Official Records of Collier County, Florida.
WHEREAS, pursuant to the above - referenced plat, a twenty (20) foot access easement
over Tract P -5 was dedicated and conveyed to County to access Tract "U ", said access easement
being more particularly shown as "20' A.E." in Plat Book 41, Page 55, and in the Warranty Deed
dated October 16, 2006 and recorded in O.R. Book 4165, Page 122, all of the Official Records of
Collier County, Florida (hereafter referred to as the "Access Easement "); and
WHEREAS, County has conveyed said Tract "U" to Delasol by Quit Claim Deed dated
December 2, 2008 and recorded in O.R. Book 4418, Page 3296, of the Official Records of
Collier County, Florida. and
— WHEREAS, Delasol has requested that the Access Easement be vacated, but County
wishes to retain a substantial portion of the Access Easement for public purposes on the terms
and conditions stated in this Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein, the adequacy and
sufficiency of said covenants having been acknowledged by all parties to this Agreement, the
parties hereby covenant and agree as follows:
1. The above - referenced recitals are true and correct.
2. The parties acknowledge and mutually agree that the Access Easement may not be used
by the public to access Tract "U" or any portion of the Delasol subdivision and may be
Agenda Item No. 1625
July 28, 20109
Page 4 of 5
used for public access to the following described parcel, subject to the limitations stated
below in Paragraph 3:
The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section
24, Township 48 South, Range 25 East, of Collier County, Florida (hereinafter referred
to as the "Conservation Parcel ")
3. The County expressly agrees to the following terms and conditions regarding the use,
extent and duration of the Access Easement:
a. The County may use the Access Easement in a reasonable manner in connection
with the inspection and acquisition of the Conservation Parcel. If the County
acquires title to the Conservation Parcel, the County may retain a portion of the
Access Easement for public access to -the Conservation Parcel and the
construction of related access facilities, provided that the County executes and
delivers to Delasol a quit claim deed conveying the North ten (10) feet of the
Access Easement to Delasol. Further, County agrees to be solely responsible for
any regulatory permits (including but not limited to new or existing
environmental resource and wetlands permits) needed for its use of the Access
Easement.
b. Notwithstanding anything stated in this Agreement to the contrary, if the County
does not acquire title to the Conservation Parcel within five (5) years of the date
of this Agreement, the County agrees to execute and deliver to Delasol a quit
claim deed conveying the Access Easement in its entirety to Delasol and remove
any temporary or permanent access improvements and repair any damage caused
by the County's use, at its sole cost and expense.
4. In the event of a default under this Agreement, the non - defaulting party shall be entitled
to pursue any legal or equitable remedies pursuant to Florida law, including an action for
specific performance or injunctive relief. Florida law shall govern this Agreement.
Venue for any proceeding to enforce this Agreement shall be in Collier County, Florida.
The prevailing party in any action to enforce this Agreement shall be entitled to recover
reasonable attorney's and costs so incurred.
5. This Agreement shall be binding upon, and shall inure to the benefit of the interested
persons and their respective successors, assigns, heirs and representatives.
6. This Agreement is intended to become effective immediately upon being recorded within
the Public Records of Collier County, Florida.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Witnesses:
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Print Name
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Print Name
Approved as to form and legal
sufficiency:
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Heidi Ashton -Cicko
Assistant County Attorney
Agenda Item No, 16D5
July 28, 2009
Page 5of5
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
DONNA FIALA , Chairman
Delasol Homeowners Association, Inc., a
Florida non- profit corporation
By: / ,r
Name: ell Salmons
Title: