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Agenda 07/28/2009 Item #16D14Agenda Item No. 1SO14 July 28.2OOS Page 1ofS EXECUTIVE SUMMARY Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for providing electric service to the Margonod Park located at 321 Pear Tree Avenue, Goodiand, at a cost not to exceed $27.00. To obtain approval from the Board of County Commissioners (hereinafter referred 10 as "Board") to approve the conveyance of an Easement to Lee County Electric Cooperative (hereinafter referred to as ^UCEO^) for the installation of overhead electric distribution lines for fiber optic telecommunications and television purposes ot the MargoodPork. On November 30, 2004. Agenda |bam 10D, the Board of County Commissioners approved the purchase of the Margood Park. The consultants have been retained b)design a master plan and construction documents, The County (Parke & Recreation) have met regarding the design and received their approval. The consultants have submitted for Re-Zone, SDP and have applied for all local, federal and state permits. The Easement measures 1O feet in width and comprises abta|of4.347squorefootorjOaorea. more or less, as shown and described on Exhibit "A" of the Easement. In order for LCEC to provide electric service to the K4oruood Park, it will be nooaaoory for the County to execute and record the attached Easement. FISCAL IMPACT: The total cost will not exceed $27.00 for the recording mf the Easement. The funds are available in the Parks and Recreation Impact Fee Fund (94O) inthe N1argood Park project number 80024. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Easement has been approved for form and legal sufficiency. This item is not quo 'mdicia[mndassuchex pprte disclosure ienot required. This item requires majority vote only. This item is legally sufficient for Board action. JBW That the Board of County Commissioners approves the attached Easement and authorizes the Chairman bz execute the Easement; and. also directs the County Manager or his designee to proceed to follow all appropriate closing procedures; and, to record the Easement in the Public Records of Collier County, Florida. PREPARED BY: Jason Bires, Property Acquisition Specia|ist, Real Property Management. Department of Facilities Management. Page 1 of 1 Agenda Item No. 16D14 July 28, 2009 Page 2 of 6 file://C:\AgendaTest\Export\1 33-July%2028,%202009\1 6. %20C0NSENT %20AGENDA \1... 7/22/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D14 Item Summary: Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for installation of overhead electric distribution lines to provide electric service to the Margood Park located at 321 Pear Tree Avenue, Goodland at a cost not to exceed $27.00. Meeting Date: 7/28/2009 9:00:00 AM Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 7/14/2009 4:39:23 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/1412009 4:50 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 7/15/2009 2:15 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/1512009 2:56 PM Approved By Tony Ruberto Project Manager Date Public Services Parks and Recreation 7/15/2009 3:56 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/1612009 7:52 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 7121120099:19 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 7/21/2009 10:47 AM Commissioners file://C:\AgendaTest\Export\1 33-July%2028,%202009\1 6. %20C0NSENT %20AGENDA \1... 7/22/2009 Prepared By: Engineering Department Lee County Electric Cooperative, Inc. Post Office Box 3455 N. Ft. Myers, FL 33918 -3455 Agenda Item No. 16D14 July 28, 2009 Page 3 of 6 Township 52 South, Range 27 East, Section 18 EASEMENT KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision of the State of Florida, as Grantor, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112 -4902, in consideration of the sum of one dollar and other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to Lee County Electric Cooperative, Inc., a Florida non - profit corporation, whose post office address is Post Office Box 3455, North Fort Myers, Florida 33918 -3455, and to its successors and assigns (the term "assigns" meaning any person, firm, or corporation owning by way of assignment all rights under this Agreement or a portion of such rights, with the Grantee or its other assigns retaining and exercising the other rights), a perpetual easement for a right -of -way to be used for the construction, operation, and maintenance of one or more overhead electric distribution lines, including, but not limited to, wires, poles, cables, conduits, anchors, guys, and roads, trails, and equipment associated therewith, attachments and appurtenant equipment for fiber optic telecommunications and television purposes (all of the foregoing hereinafter referred to as "facilities "), over, under, in, on, upon, and across the lands of the Grantor situated in the County of Collier and State of Florida and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF together with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge, add to, change the voltage, as well as the nature or physical characteristics of, replace, remove, or relocate such facilities or any part of them upon, across, or over the right -of -way described above with all rights and privileges necessary or convenient for the full enjoyment or the use thereof for the purposes described herein, including, but not limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other obstructions within said right -of -way and on lands of Grantor adjoining said right -of -way that may interfere with the proper construction, operation, and maintenance of such facilities or any part of them, the right of ingress and egress for personnel and equipment of Grantee, its contractors, agents, successors or assigns, over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. By the execution and delivery hereof, Grantor so expressly agrees that no portion of the right -of -way shall be excavated, altered, obstructed, improved, surfaced, or paved without the prior written permission of the Grantee, or its successors or assigns, and no building, well, irrigation system, drainage system, structure, obstruction, or improvement (including any improvements for recreational activities) shall be located, constructed, maintained, or operated over, under, upon, or across said right -of -way by the Grantor, or the heirs, personal representatives, successors or assigns of Grantor. "? yAg0. Agenda Item No. 16D14 July 28, 2009 Page 4 of 6 By the execution hereof, Grantor covenants that it has the right to convey this easement and that the Grantee and its successors and assigns shall have quiet and peaceful possession, use, and enjoyment of this easement and the rights granted hereby. IN WITNESS WHEREOF, the Grantor has executed this Agreement this day of 2009. ATTEST: DWIGHT E. BROCK, CLERK M Deputy Clerk Approved as to legal form and Sufficiency: A- -- S1'ew-,\T. wi1CicmS Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA Bv: Donna Fiala, Chairman 1 P 1m X CL � W W ti Q `sg v Z � 2 j L � a i � I I I � I s O LU I cc. ( 011 t Cal I I I i I Agenda Item No. 16D14 - 92 22 28, 2009 �g I age 5of6 O N a om U wcx: o _ � � D ! ♦.�. Amy �Zao •� U W �ro Z W I o� O Zt Q � I w N O p v � O h J o� 1 o c 4m p �m Ilk I c� Y W wq 4L— D c.� a p q�y�ti (3 h O U is at! i�e 4z2 O z G � mU ckz y a ZKati 11, a 4 Lu 4 CC e D o � h ti � W W ti Q `sg v Z � 2 j L � a i � I I I � I s O LU I cc. ( 011 t Cal I I I i I Agenda Item No. 16D14 - 92 22 28, 2009 �g I age 5of6 O N a om U wcx: o _ � � D ! ♦.�. 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