Agenda 12/02/2008 Item #16B 5
Agenda Item No. 16B5
December 2, 2008 .
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non-
Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate
City area. Proj ect No. 600831 (Fiscal Impact: $800.00)
OBJECTIVE: To obtain Board of County Commissioners' approval of an Agreement for the
donation of a .028 acre Perpetual Non-Exclusive Sidewalk and Access Easement in the Golden
Gate City area,
CONSIDERATIONS: The Alternative Transportation Modes Department has been
implementing a plan for the installation of Bus Shelters for the Transit System. One of the
shelters identified on the initial list is located on Golden Gate Parkway just east of 50th Street
SW. In order to construct the proposed shelter in accordance with ADA requirements the
foundation must be tied into an existing sidewalk.
Initial research confIrmed that the sidewalk was not contained within the road right-of-way as is
customary. The sidewalk is currently located on private property owned by SPTV Inc.
Therefore, staff contacted the owner and the owner agreed to donate the easement to the County.
FISCAL IMPACT: Costs incurred by the County for the execution of this agreement will be
for title work and the recording of the Easement (approximately $300), There is a possibility that
the mortgage holder may require a fee to subordinate their interest; those fees are usually at or
under $500, Therefore, the total possible fiscal impact is $800. Funds are available in CAT
Transit Enhancement Fund 426.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This request has been reviewed by the Office of the County
Attorney and is legally sufficient for Board action. - JAB
RECOMMENDA nON: That the Board of County Commissioners of Collier County:
1. Approve the attached Agreement;
2. Authorize its Chairman to execute the Agreement on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the Easement and authorize the County Manager or his designee to
record same in the public records of Collier County, Florida; and
5. Approve any and all budget amendments required.
Prepared By: Michelle Edwards Arnold, Department of Alternative Transportation Modes
Debbie Armstrong, Assistant Manager, Right of Way Acquisition
Attachment: Agreement
Page 1 of2
Agenda Item No. 16B5
December 2, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B5
Meeting Date:
Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non-
Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate
City area Project No. 600831 (Fiscal Impact: $800.00)
12/2/20089:00:00 AM
Prepared By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM-ROW
11/6/200812:33:52 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
11/13/200810:47 AM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Director
Date
Transportation Services
Alternative Transportation Modes
11/13/200811:55AM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11/13/2008 1 :12 PM
Approved By
Norm E. Feder, A1CP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/13/2008 1 :32 PM
Approved By
Barbara LaPierre
Ma nagemenUBudget Analyst
Date
Transportation Services
Traffic Operations
11/13/20084:27 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/14/20089:38 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14/20084:42 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
11/17/20088:54 AM
file://C:\AgendaTest\Export\117 -December%202,%202008\16.%20CONSENT%20AGEN... 11/25/2008
Page 2 of2
Agenda Item No. 16B5
December 2, 2008
Page 3 of 7
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
11/17/20081:25 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/20/20085:56 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/20/20086:06 PM
file://C:\AgendaTest\Export\117-December%202,%202008\16.%20CONSENT%20AGEN... 11/25/2008
Agenda Item No. 16B5
December 2, 2008
Page 4 of 7
PARCEL No(s): 99999-162SAE
FOLIO No(s): 36444080003
36444120002
36444160004
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of , 2008, by and between SPTV,
INC., a Florida corporation, whose mailing address is 10090 Intercom Dr. Unit 8-13,
Fort Myers. FL 33913-7786 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a politic" su~division of the State of F!orida, whose mailing address is 330\
Tamlami Trail East, Naples, Flonda 341 t2 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Perpetual,
Non-Exclusive Sidewalk and Access Easement over, under. upon and across the lands
described In Exhibit "A" (said easement hereinafter referred to as the "Property"), which
is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the bene\it to Owner and desires to convey the
Property 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
($\0.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, tt IS agreed by and between the parties as
follows:
I. Ail 0; the above RECiTALS are true ana correct ana are hereoy expressly
incorporated herein by reference as If set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a property executed easement Instrument) is hereinafter
referred to as the "ClOSing."
3. Prior to Closing, Owner 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 Property
upon their recording In the public records of Collier County, Florida. At or pnor to
Closing, Owner shall provide Purchaser with a copy of any eXisting pnor title
insurance policies. Owner 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
C!cs!nr sha:! r)ccur '{!'thin ninety (90) d")'~'j, "from the IJi.;ae CO\.inty executes thIS
Agreement; provided: however, that County shall have the unilateral right to
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 Property.
5. County shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording 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 fo the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
Agenda Item No. 16B5
December 2, 2008
Page 5 of 7
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions. or premises other than those so stated above; and this written
Agreement, Including ali exhibits attached hereto, shali constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written Dr 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 e,f Flonda
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Deputy Clerk
BY:
TOM HENNING) CHAIRMAN
AS TO OWNER:
DATED: ~
ck~' ().uJLfar,~
V'v'ilnetiS (Sigmuure)
LINDA /I, t.0 /lah1s
Name (Print or Ty )
. (j
'itness (Signature)
JaM/V!; V8J./c11j
Name (Print or Type)
SPTV. INC., a Florida corporation /'
~/{/(-U
By: Thomas C. Venetis, Director
~~
Witness (Signature)
G-eo~ ?~.~
~me (P;7e)
Wilt (Signature)
)jrJl,wd,,' IlTYJ
Name (Print or Type)
----
By: Sj' anos Perizes. Director
Approved as to form and
legal sufficiency:
~(.l A<, 1
~
ASSistant County Attorney
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THE EllBOSSED SEAL or A PROFESSIONAL URVEYOR AND JUPPER
.--., o.rnTl"Jo PREPARED BY
i.ntlSl$/IIOT"Pl'In' DATE 8/12/08
2.lUoRIIlGliHOIIolMEllEONNlEIIAIl1bONTHr DEAN R. DAVIS, PSU:
~~:;c ~~ lall PROFESSIONAL SURVEYOR AND MAPPER
FL. REG 4822
BOARD OF COLLIER COUNTY COMMISSIONERS
TRANSPORTA.TION SERVICES DIVISION
ROAD llAINTl!:NANCE DEPARTMENT
2e8lS SOUTH HORSESHOE DRIVIl
NAPLES. JI'LORlDA. 341lU (239) 252-8192
NOT VALID UNLESS SIGNED AND S
""" SKETCH AND DESCRIPTION
6.0' 1'JDE SIDEWAll( EASEIlENT
ALONG
GOLDEN GA'll PA!lKlIAY
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EXHIBIl'e~m~ r 2, 2008
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LEGAL DESCRIPTION
THE NORTHWESTERLY 6.00 FEET OF LOTS 3, 4, 5 AND 6
OF BLOCK 248 OF THE PLAT OF GOLDEN GATE UNIT 7
AS RECORDED IN PLAT BOOK 5, PAGE 135 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE
PARTICUARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERL YMOST CORNER OF LOT 3,
BLOCK 248 OF THE AFOREMEN~ONED PLAT OF GOLDEN
GA TE UNIT 7; THENCE RUN N50"36'28"E A DISTANCE OF
200.00 FEET; THENCE RUN S39"23'32"E A DISTANCE OF
6.00 FEET; THENCE RUN S50"36'28"W A DISTANCE OF
200.00 FEET; THENCE RUN N39"23'32"W A DISTANCE OF
6.00 FEET TO THE POINT OF BEGINNING.
CONTAINING THEREIN 0.028 ACRES OR 1200.00 SQUARE
FEET, MORE OR LESS.
NOT VALID UNLESS SIGNED AND S&ALID WITH THE hlBOSSED SEAL or A PROFESSIONAL SURVEYOR AND KAPPER
",.. SKETCH AND DESCRIPTION -", ~ PREPARED BY ~
6,0' WIDE SIDEWAlK EASEMENT i. ~~~ o\AI! IWQI ON lHI: g~ R. DAVIS ~
OOLDn :~GpARKWJ.Y ~"::~~OA. ~O:~Ofa~2'SURVEYOR AND MAPPER
BOARD OF COu..IER COUNTY COMMISSIONERS $lET,
Dllln4N TRANsPORTATION SERVICES DIVISION
ROAD KAINTENANCE DEPARTMENT
2~ali SO'UTH HORSESHOE DRIVIl
NAPLES. FLoRIDA. S4J.04 (239) 252-8192
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