Agenda 01/29/2008 Item #16C 2
Agenda Item No. 16C2
January 29, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve the acquisition of additional easement area for an Access
Easement to Lift Station 302.09 at a total cost not to exceed $4,520, Project Number
730841.
OBJECTIVE: The public purpose is to acquire an Access Easement to improve access to
Lift Station 302.09.
CONSIDERATIONS: Staffrecommends approval and execution of the attached Easement
Agreement between the Board of County Commissioners of Collier County, Florida, as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water-Sewer District (District), and Frank J. Dewane, as Bishop of the Diocese of
Venice, Florida (Property Owner) for the purchase of an Access Easement on lands occupied
by St. Peter the Apostle Church. This Access Easement increases the square footage of an
existing Utility Easement for access to the lift station and now overlays and duplicates inch
for inch an existing Drainage Easement, which has been recently improved by the County's
Stormwater Management Department. Collier County Public Utilities staff will share this
route to access the Lift Station behind the Church with Stormwater Management. This
cooperation between the two County agencics in utilizing the same easement area for two
purposes saves the Church from granting an additional easement in a different location for a
separate access to the lift station. A Location Map is attached.
~
Real Estate Services' staff appraiser valued the Access Easement at $4,000. The Property
Owner has agreed to sell the Access Easement to the District for $4,000.
The Easement Agreement has been reviewed and approved by the County Attorney's Office
and the Public Utilities Engineering Department. The Access Easement will be reviewed and
approved by the County Attorney's Office and the Public Utilities Engineering Department
prior to execution and recordation.
This project is consistent with the 2005 Wastewater Master Plan Update adopted by the
Board of County Commissioners (Board) on June 6, 2006, under Agenda Item 10(B). This
project is referenced in the Wastewater Master Plan under Section 8, Page 4 of 5 Line 81.
FISCAL IMPACT: The total cost should not exceed $4,520 ($4,000 for the Access
Easement and $520 for title commitment, title policy and recording of documents). Funds in
the amount of $4,520 are available in the FY 08 budget for this action in Project 730841,
Improve Access to Lift Stations. The FY 08 budget was approved by the Board on
September 20,2007. Source of funds is Wastewater User Fees (414).
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management
Plan standards to ensure the adequacy and availability of viable public facilities.
.~
Agenda Item No. 16C2
January 29, 2008
Page 2 of 9
RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District:
1. Approve the attached Easement Agreement and accept the Access Easement once
it has been received and approved by the County Attorney's Office and Public
Utilities Engineering Department; and
2. Authorize the Chairman to execute the Easement Agreement and any and all other
County Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct the County Manager or his designee to proceed to acquire the Access
Easement, to follow all appropriate closing procedures, and to record the Access
Easement, and any and all necessary documents to obtain clear title to the Access
Easement, in the Public records of Collier County, Florida.
PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Page lof2
Agenda Item No. 16C2
January 29, 2008
Page 3 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C2
Meeting Date:
Recommendation to approve the acquisition of additional easement area for an Access
Easement to Lift Station 302.09 at a lotal cost not to exceed $4,520, Project Number 730841.
1129/2008900:00 AM
Prepared By
Marlene McLaughlin
Property Acquisition Specialist
Date
Administrative Services
Real Estate Services
1121200812:49:02 PM
Approved By
Shanthi Sridhar
Project Manager
Date
Public Utilities
Public Utilities Engineering
1121200812:56 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
112120081:12 PM
Approved By
Thomas Wi des
Operations Director
Dale
Public Utilities
Public Utilities Operations
1/2/20083:52 PM
Approved By
Skip Camp, C.F .M.
Facilities Management Director
Date
Administrative Services
Facilities Management
113/20081:02 PM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
114120081 :30 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
114120084:06 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
1/7120089:57 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1n 12008 3 :43 PM
Approved By
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Page 2 of2
Agenda Item No. 16C2
January 29, 2008
Page 4 019
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1117120084:14 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1121/200B 11 :07 AM
file:! /C:\AgendaT est\Export\99-January%2029, %202008\ 16. %20CON SENT%20AG ENDA \... 1/23/2008
.,
Agenda Item No. 16C2
January 29, 2008
Page 5 of 9
PROJECT: Improve Access to Lift Stations
FOLIO: 55450960004 and 55451000002
Prepared By: .
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail EASEMENT AGREEMENT
Naples, Florida 34112
(239) 774-6400
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20OS, by and between
FRANK J. DEWANE, as Bishop of the Diocese of Venice, Florida, a Corporation Sole,
whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285, (hereinafter
referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, (hereinafter referred to as "Purchase~'), whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Access Easement for
the purpose of access, to, over, under, upon and across the lands described in Exhibit
"A" (hereinafter referred to as the "Property"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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. Owner shall convey the Property via an Access Easement to Purchaser for the
sum of Four Thousand and No/100 Dollars ($4,000.00) payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser.
2. 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. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser 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 Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
EA-UE
Easement Agreement
Agenda Item NO.1 C2
January 29, 2 08
Page 2 Page 6 f 9
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to Purchaser; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or In the vicinity ot the Property to be conveyed to Purchaser; that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall reimburse the Purchaser with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited 10 transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s), if any, recorded against the land underlying the Property from the
mortgagee(s), including any apportionment of the compensation that may be
required by any mortgagee. The cost of a title commitment shall be paid by
Purchaser.
8. 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 context so requires or admits.
g. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. If the Owner holds the land underlying the Property in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the land underlying the Property before the
Property held in such capacity is conveyed to Purchaser, its successors and
assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
Easement Agreement
Agenda Item No. 16C2
January 29, 2008
Page 3 Page 7 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 20ar.
AS TO PURCHASER:
DATED:
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
. Chairman
Deputy Clerk
AS TO OWNER:
DATED: //-26'- 07
FRANK J. DEWANE, as Bishop of the
Diocese of Venice, Florida,
a Corporation Sole
,......-Wf:_/.'" ~ .M' ;yL,
Volodym Smeryk, his At! mey In Fact
Frrj/?;1/tA. R/F/!;<?ff}
(Print or Type)
"It;~ J iC (U-17{J
Witn s (Signature)
Name:#11l7A \. 2act'll'~
(Print or Type)
Approved 61 to form & legal sufficiency
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,County' t rney
EA-UE
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Agenda Item No. 16C2
January 29, 2008
Page 9 of9
Existing lift station 302.09
Easement
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Location Map for Proposed Access Easement to Lift Station 302.09
Located on property owned by the Diocese of Venice
St. Peter the Apostle Church
Rattlesnake Hammock Road