Agenda 03/11/2008 Item #16B 1
Agenda Item No. 16B1
March 11, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve an Agreemcnt and accept a Drainage Access and
Maintenance Easement for the donation of property reqnired for the Bayshore Drive &
Thomasson Drive Stormwater Improvement Project. Project #511341. (Estimated fiscal
impact $30.00.)
OBJECTIVE: Approve an Agreement for the acquisition of a Drainage Access and
Maintenance Easement for the Bayshore Drive & Thomasson Drive Stonnwater Improvement
Project having Project Number #511341.
CONSIDERATION: The Stonnwater Management Department has been actively involved in
the design, pennitting, and construction of the Lake Kelly Drainage Stonnwater Improvement
Project System for a number of years. When fully implemented, this project will provide
reduced flooding potential in portions of East Naples and promote better water quality discharges
into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier
County in the Bayshore Drive & Thomasson Drive Stonnwatcr Improvement Project segment
upon execution will provide the legal right to access and maintain the conveyance way and adds
to the overall Lake Kelly Drainage Project outfall system in compliance with the Growth
Management Plan.
_- The Agreement and Drainage Access and Maintenance Easement have been reviewed and
approved by the County Attorney's Office.
FISCAL IMPACT: Fiscal Impact associated with this Executive Summary IS $30.00
(recording fees) and is available, Source of funds are Ad Valorem taxes.
GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Agreement; and authorize the Chainnan to execute same on behalf of
the Board; and
2. Accept the conveyance of the property via a Drainage Access and Maintenance Easement as
stated in the Agreement and authorize the County Manager or his designee to record same in
the public records of Collier County, Florida; and
3. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's perfonnance in accordance with the tern1S and conditions of the Agreement; and
4. Approve any and all budget amendments, which may be required to carry out the collective
will 0 f the Board.
Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM
--
Attachments: (I) Agreement; (2) Drainage Access and Maintenance Easement
Page 1 of 2
.1\genda Item No. 16B 1
March 11, 2008
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B1
Meeting Date:
Recommendation to approve an Agreement and accept a Drainage Access and Maintenance
Easement for the donation of property required for the Bayshore Drive & Thomasson Drive
Stormwater Improvement Project. Project #511341.
3/11/200890000 AM
Prepared By
Margaret Kreynus
Property Acquisition Specialist
Date
Transportation Services
TECM-ROW
2/15/200812:07:29 PM
Approved By
Eugene Calvert
Principal Project Manager
Date
Transportations Services
Transportation Engineering and
Construction Management
2/19/20086:15 AM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
2/25/200810:40 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
2125/2008 1 :54 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
2/25/20082:34 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
2/25/20084:20 PM
Approved By
Gerald Kur..z
Senior Engineer
Date
Transportation Services
Stormwater Management
2/25/20084:35 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
2/26/200810:39 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
2/26120083:17 PM
file://C:\AQendaTest\ExDort\ I 02-March%2011.%202008\ 16.%20CONSENT%20AGENDA \ 1... :1/5/2008
Page 2 of 2
Agenda Item No, 10B 1
March 11, 2008
Page 3 of 9
Construction Management
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
2/27120089:30 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/28/20087:58 AM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
2/29/20083:38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Comn;issioners
County Manager's Office
3/3/20085:44 PM
file://C:\AgendaTest\ExDort\ 1 02-March%20 11.%202008\ 16.%20CONSENT%20AGENDA \ 1.., 3/5/2008
Agenda Item No. 1661
March 11, 2008
Page 4 of 9
PROJECT: 511341
FOLIO NO.: 61840560008
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of ; 2008, by and between CIRRUS
POINTE PARTNERS, LLC. whose mailing address is 15544 Monterosso Lane Unit
102. Naples, Florida 34110 (hereinafter referred to as "Owner"), to COLLIER COUNTY,
a political subdivision of the State of Florida, whose mailing address is 3301 Tamlami
Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive access, drainage. and maintenance easement for the purpose of
constructing, operating, and maintaining drainage structures and facilities, including but
not limited to canals, d~ches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, and various types of water control structures within the
easement area. This easement Includes the right to remove and use any and all
excavated material and to construct and maintain a stabilized roadbed facility capable
of providing access for vehicles and equipment thereon and adjacent thereto, 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 benefit to Owner and desrres 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
[$10.00), and other good and valuable consideration, the receipt and suffiCiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1, All of the above RECiTALS are true and correct and are hereby 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 properly executed easement instrument) is hereinafter
referred to as the "ClOSing."
3, Prior to ClOSing. Owner shall obtaIn from the holders of any liens, exceptions
andlor qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon therr recording in the public records of Collier County, Florida, 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
Closing shall occur within ninety (90) days from the date County 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 requrred to clear title,
all Easement recording fees. and any and all costs andlor fees associated with
Agenda Item 1"0, 16B1
March 11, 2008
Page 5 of 9
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 to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the contex1 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 all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other pfiOr or
contemporaneous written or 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 of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED:
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
Deputy Clerk
Chairman
AS TO OWNER:
CIRRUS POINTE PARTNERS, LLC
a Flonda limited liability corporation
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Name: "0I+AJbJ ,-. !-1El...lfi
(Print or Type)
Title: ;'/JA uAi2.rC
(Pnnt Title) i'llQ 1Vt.., 1-1. I h'U,.-y1~
DATED: ;'/,- /Q-07_
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Witness (Signature)
Approved as to form and
legal suffiCiency:
.Ll~ J, t ~ ~---_./'
Heidi F. Ashton
Assistant County Attorney
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EXHIBIT l
Page -'-..of-L-
Agelda Item-f'o. 1661
March 1, 2008
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THOMASSON DRIVE
LEGAL DESCRIPTION
DESCRIPrrOI/ OF A DRAII/AGE EASEMEI/T:
TIlE EASr 50.00 FEET OF TIlE FOLLOKII/G DESCRIBED PARCEl:
LOT 103 NAPLES GROVE ANO TRUCK CO's LITTlE FARMS #2 ACCORDING TO THE PLA T THEREOF RECORDED IN
PLIiT BOOK NO, I, A T PAGE 27A, OF TIlE PUBLIC RECORDS OF COWER COUNT~ FLORIOA.
CONrAINING 16500 SO FEET, MORE OR LtSS.
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NOTES:
1, -:THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER'lAnONS AND/OR RESTRICilONS OF RECORD.
2, D/MENSJONS SHOWN HEREON ARE IN rEfT AND DECIMALS 7l-IERfOr.
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Q. GRADY MINOR AND ASSOCIATES, P,A.
CERrrnCA TE OF AUrriORIIA rrON NUMBeR LB, 515t
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Q, GRADY MINOR AND ASSOCIATES, FA.
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
3800 VIA DEL REY
BONITA SPRING...9, FLORIDA 34134
PHONE' (239) ,947-1144 FAX' (239) 947-0375
CERTIFfCJ.TE oJ!' AUT[!ORrZATlON NUMBER LB 5151
, p,s.M. ;#6408
STA TE OF FLORIDA
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JOB CODE: CCU27 SHEET: 1 OF 1
DRA WII BY: RR
SKETCH AND LEGAL DESCRIPTiON
DRAINAGE EASEMENT
SEerION 14. 'f'OfYNSRJP 50 :SO!J7'H. RANCE 25 Ji'AS
COLYER COllN:rY: .l'LORfj)A
DATE: FEBRUARY, 2007 'DRAWING: B-3320
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Agenda Item 1-.10, 16B 1
March 11, 2008
Page 7 of 9
PROJECT: 511341
FOLIO NO,: 61840560008
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
~HIS EASEMENT, made and entered into this J!t!} day of
1-1cJ~, 2007, by CIRRUS POINTE PARTNERS. LLC, whose mailing
address IS 15544 Monterosso Lane Unit 102. Naples. Flonda 34110, (hereinafter
referred to as "Grantor"), to COLLIER COUNTY, a political subdivIsion of the State of
Flonda, whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112,
(hereinafter referred to as "G rantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and theIr respective heirs. legal representatives. successors and
assigns, Grantor and Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
Grantor, for and In consideration of TEN DOLLARS ($10,00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which IS hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a
perpetual, non~exclusive access, drainage, and maintenance easement over, under,
upon and across the follOWing described lands located In Collier County, Florida, to WIt:
See attached Exhibit "A" which IS
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together With the nght to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage structures and facilities, Including but
not limited to canals, ditches. swales. earthen berms. rip-rap and retaining wall
systems, underground pipes, and various types of water control structures Within the
easement area. This easement includes the right to remove and use any and all
excavated material and to construct and maintain a stabilized roadbed facility capable
of proViding access for vehicles and equipment for perpetual maintenance ot drainage
facilities thereon and adjacent thereto, The easement granted herein shall constitute
easements running with the land and shall burden the lands described above,
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
CIRRUS POINTE PARTNERS, LLC
a Flonda limited liability c oration
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Witness (Signature)
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Witness (Signat
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Name (Print)
(Signat e
Name: ..:lAP--IE.5 S h r:.i.J:(j
(Prrnt)
Title MAlJl&a"
(Print Title)
Agenda Item No. 16B 1
March 11, 2008
Page 8 of 9
STATE OF ;:t..Lr!?.J~
COUNTY OF fllY ( -
The forego.i(l9 grainage, AC(.cess and Maintenance Easement was ~kl}9wledged before
me \hIS .L!:1!!:. day of ~, 2007, by \JlJUI;:\ \'J. f-IFl.il..... the
1-'{4tJ~ an behalf of Cirrus Pointe Partners, LLC, a
FlOrIda limited iiabiiity corporation, who.:
--X- is persanally known to me
OR
produced
identity.
STACIE L STOLZ
MVCOMMISSION'DD44023i
EXPIRES:Jutv5,2OOIl
9tr8ITl1\IN~FIMI;Urdl""""
(Signature of No ary Public)
,-~f{;. L. ....."'rrDZ-L
(Print Name af Natary Pubiic)
Senall Commission # (if any): ';J;b ;.f4iJ?3 J
My Cammlsslon Exprres: '/- '5 -{Fl
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(affix notarial seal)
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Approved as to form and
Legal sufficiency:
CJ~ f/-
~Idi ~ Ashton
ASSistant County Attorney
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Las~ Rev~sed: 7./6/07
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Agera a Item 10.1
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EXHIBIT A- ~~
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THOMASSON DRIVE
LEGAL DESCRIPTION
cmPnON OF A DRAINAGE EASEMENT:
EAST 50. 00 FEET or THE FOLLOWiNG DESCRiOED PARCEL:
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LOT 10J NAPL[S GROVE AND TRUCK CDS, LITTLE FARMS #2 ACCORDING ,0 TH[ PlAT THEREOF RECORDED IN
PLAT BOOK NO.1, ilT PAGE 27A, OF mE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTA/Nl/",IG 15500 so rEf!, MO,:t[ CR LESS.
. NOTES:
" .rrl/S PROPERTY IS SUBJECT TO EASEMENTS, ,R.ES[R~/4 770NS AND/OR RESTRiCTIONS or RECO/7D.
2. OI/vlOISIONS SHOWN HEReON AR[ IN f[[T AND DfClMALS THEReoF,
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O. GRADY MINOR AND ASSOCIA TES. P.A.
CER~FlCATE OF AUi7{ORIZA~ON NUMBFJI L.B, 5151
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Q. CRADY MINOR AND ASSOCIATES, p, A.
CIVIL ENGINEERS-LAND SURll]iYORS-PLAJiNERS
3800 "TflA DEL REY
BONITA SPRINGS, FLORIDA 34134
;".;:,~,w:"
JOB CODE: CCU27 SHEET: 1 OF 1 DRAWN BY: RJ
SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT
SEC7'/ON i4, 7'OJPNSH'j"P 50 "SOll7l:l; RANCE 25 If'A.:.
COI;LJER COWITY, FLORIDA
PHONE' (239) 947-1144 FAX, (239) 947-0375 D T .
CER'I'1FICATE OF AUTHORIZATION NUMBER iJJ 5151 A 1S: FEBRUl'.Rl; 2007 'DRA WING: B-3320
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