Agenda 11/12/2019 Item #16C10 (Utilitiy Easement for Project #70043)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve the Easement Agreement with Bradstrom Village Condominium
Association, Inc., a Florida not-for-profit corporation (“Sellers”), at a cost not to exceed $4,553 for
the acquisition of a Utility Easement for proposed water and wastewater infrastructure
improvements, Project Number 70043.
OBJECTIVE: To purchase a utility easement which will provide safer access and install a permanent
generator for Pump Station 300.06 as a reliable back-up power source in Basin 300. The public purpose
is to bring outdated or inadequate utility infrastructure into compliance with current county standards
while meeting the demand for service, improving reliability, protecting public safety, and providing
proactive environmental protection.
CONSIDERATIONS: A perpetual, non-exclusive utility easement is necessary. The Sellers are willing
to grant an easement for future water and wastewater service to Collier County Water Sewer District at
the cost of its appraised value.
Real Property Management’s in-house Real Estate Appraiser has determined the fair market value of the
property to be $3,553. A copy of said Appraisal is attached for reference.
FISCAL IMPACT: The total outlay should not exceed $4,553 ($3,553 for the utility easement and
approximately $1,000 for title commitment, title policy, and recording of documents). Funding is
available in the Gravity Sewers Project 70043 in Wastewater Capital Fund (414). The source of funding
is from wastewater user fees.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for any Board action - JAB
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board:
1. Approves and accepts the attached Easement Agreement and Utility Easement with Sellers;
2. Authorizes the Chairman to execute the Easement Agreement with Sellers, and any and all
other County Attorney’s Office approved documents related to this transaction once they
have been approved by the County Attorney’s Office;
3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for
payment;
4. Directs the County Manager or his designee to proceed to acquire this easement, to follow all
appropriate closing procedures, to record the Utility Easement and any and all necessary
documents to obtain clear title of the easement, and to take all reasonable steps necessary to
ensure performance under the Easement Agreement.
Prepared By: Deborah Goodaker, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Appraisal NEW (PDF)
2. Easement Agreement w-Exh A (PDF)
3. Utility Easement w-Exhibit A (PDF)
16.C.10
Packet Pg. 1452
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doc ID: 10574
Item Summary: Recommendation to approve the Easement Agreement with Bradstrom Village
Condominium Association, Inc., a Florida not-for-profit corporation, at a cost not to exceed $4,553 for the
acquisition of a Utility Easement for proposed water and wastewater infrastructure improvements, Project
Number 70043.
Meeting Date: 11/12/2019
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Deborah Goodaker
10/17/2019 12:06 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/17/2019 12:06 PM
Approved By:
Review:
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/17/2019 1:51 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/17/2019 2:17 PM
Facilities Management Drew Cody Director - Facilities Skipped 10/18/2019 8:54 AM
Facilities Management Toni Mott Additional Reviewer Completed 10/18/2019 12:11 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/21/2019 2:24 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/21/2019 4:52 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/23/2019 3:55 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/25/2019 3:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2019 3:55 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2019 12:34 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/01/2019 9:31 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 9:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.C.10
Packet Pg. 1453
Appraisal Report for:
Project Name: PS 300.06 Generator Easement
Project Number: 70'145.1 Fund Number: 414
1. Customer Department PUED
Customer Contact: Perry Peeples Phone Number: Ext 8073
Subject Property Address: 338 Bradstrom Circle, Naples. FL
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Packet Pg. 1455 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
t#T,qYf-*?"gHLE,ARD
CURVE TAELE
cuavt I naorus DELTA CHORO BEAR]NC C']CRD LENCIH
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P,O.C aNIf CORN€R OF
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LELY CALF ESTAT€s
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DESCRIBED PARCEL OF UND
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LELY GOLF ESTATES ST, ANOREWS E,$I
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PHASE ]
B&AOSTROM VILLAGE,
A CONDOMINIUM
PHASE 1
BRAOSIROM VILLAGE,
A CONDOMINIUM
(oRB 1415, PG r 107)
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DESCRIPTION
A PARCEL OF LAND
LYNG IN
LOT 1, BLOCK 22, LELY GOLF ESTATES SI. ANDREWS EAST
SECNON 20. TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
50
(NTENDED DISPL Y sc,ALE: r"=50 )
5 A PARCEL OF LAND LYING IN A PORTION OF LOT 1,8LOCK 22, LELY GOLF ESTAIES ST. ANDREWS EAST, AS RECORDED IN PIAT BOOK 10,
B PACE 96, OF IHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO LYNG IN A PORTION OF PHASE 3, BRADSTROM VILLAGE, A6 CONDOMINIUM, AS RECORDEO IN OFFICIAL RECORDS BOOK ]4]5, PAGE 11O7. OF SAIO PUBLIC RECORDS, SECTION 20, ]OWNSHIP 50 SOUTH,I R,ANGE 26 EAST, COLLIER COUNTY, FLORIOA, EEING MORE PARTICULARLY OESCRIAED'AS FOLLOWSI
R COMMINCING AI THE NORTHWEST CORNER OF IHE AFOREMENTIONED LOT 1, S.'\]D POINT BEING THE BEGINNING OF A CURVE TO THE LEFT,
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TI.IENCE ALONC ]HE NORTHERLY LINE OF SAIO LOT ] AND SAID CURVE IO IHE LEFT HAVING A RAOIUS OF 2,2OO.IN FEE] (CHORO BEARINC
s.82'58'12"E.) (CHORD 2s.OO FEfr) (OELIA 0o'f,9'04") EOR A oTSTANCE OF 25.00 FEEr TO THE PO|NT OF EEGTNNTNG
FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONC SAID CURVE TO TI]E LEFT HAVING A RAOIUS OF 2,2OA.OO FEEI (CHORD BEARING
s.8J45'25"E.) (CHORD 35.00 FEft) (oELTA 00'54'42) FOR A oTSTANCE OF 35.00 FEET: THENCE S.O7 21'001/i. DEPARTTNG SAID NORTHERLY
LINE OF LOT 1, A DISTANCE OF JO.oo FEET To A POINT OF NON-TANCENT CURVATURE TO THE RICHT; THENCE ALONG SAIO CURVE IO IHE
R|GHT HAVING A RADTUS OF 2,2f,O.oo FEO (CHORD BEARTNC N.8J'45'.471V.) (CHORD 35.OO FEEr) (DELTA 0O'5J'57',) FOR A DTST NCE OF
J5,OO FEET IO AN INTERSECIION WIIH THE EASTERLY LINE OF A 25 FOOT WIDE ORANAGE EASEMENT. AS SHOWN ON THE AFORTMENTION€D
PLAI OF LELY GOLF ESIAIES ST. ANDREWS EAST| THENCE N.O/21 oO"E ALONG SAl0 EASTERLY LINE. A DISTANCE OF f,o.Oo FEET IO IHE
POINT OF BEGINNING
CONTAINING 1,050 SOUARE FEET, MORE OR LESS NOTES:
], IHIS IS NOT A BOUNDARY SURVET. NOR IS IT INTENDED TO 8E USEO AS
ONE,2. COORDINATES ANO HORIZONTAL DAIA SHOWN HEREON ARE IN FEET ANO
ARE PROJECTIO ONTO THE FLORIDA STATE PL.ANE COORDINATE SYSTEM,
EAST ZONE. NORTH AMERICAN DATUM OF 196J (MDE]), 2O1]
ADJUSTVENT-f,. BEARINGS SHOWN HEREON ARE EASED ON THE WESTERLY LINE OF LOI 1,
BLOCK 22, LELY GOLF ESIA]ES ST. ANDREWS EAST, IYHEREIN SAID
VIESTERLY LINE BEARS N,O721,OO.E,
NOT A SURVEY
I I]ERE8Y CERTIFY, TO THE BEST OF MY KNOWLEOCE
ANO 8EUEF, THAT IHE LEGAL DESCRIPTION ANO
SKETCH IIERE PREPARED IN ACCORDANCE WIIH IHE
APPLICI.ELE PROVISIONS OF CHAPTER 5J.]7,05,
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
CHAPTER 472. FLORIDA STATUTES.
4, PARCEL CONTA]NS ],O50 SQUARE FEFT. MORE OR LESS
5. P.O.C. = Po1NT OF COMMENCEMENT6. P.O.B. = POINT OF EEGINNING
7. oRB = oFFlclAL RECoRDS BooK
8. PA = PLAI BOOK9. PG=PGE
10. DE = oRAINAGE EASEMENT
11. UE = UTILITY EASEMENT
12. -R/w- = RIGHT-OF-WAY
13. SQ. FL = SQUARE EErr
14 R = RADIUS
MARK A, TEXTER (FOR IHE FIRM 1.8.
PROFESSIONAL SURVE/OR AND VAPPER
FI ORIIJA CFRTIFICAIf NO. 6J92
642)
DATI 5 GNE]
15. A = DELTA
16. CB = CHORD 8[-ARINC
17. C = CHORD
18. 1 = AaC LENGTH
]9. Q = CENIERLINE
NOT VAIID WITI]OUT THE SIGNAIURE AND ORIGINAL
RAISED SE}L OF A FLORIDA LICENSED SURVEYOR
AND MAPPER,
SKETCH AND DESCRIPTION
A PARCEL OF LAND
SECTION 20 TOWNSHIP 50 SOUTH RANGE 26 EAST
COLLIER COUNTY, FLORIDA
I Orlr "=50'20-50 26201,19700-20J
JOHNS
ENGINEERING
JOHNSON ENGINEERING. LNC,
2122 JOHNSON SIR€ET
P.O. BOX 1550
EOR-I MYEFS, FLORIOA JJ9O2-1550
PHONE: (219) 3J4-0046
FAr (2J9) JJ4-J661
E.B. 1642 t LB 1642
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16.C.10.a
Packet Pg. 1456 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
Existlnt
pump station
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Easements are a ri ght given to another person or entity to trespass upon or use land
owned by somebody else. An easement gives the right to cross or otherwise use
someone else's land for a specified purpose.
This aopraisal reoort is not a market value aooraisal reoort. The a ppraisal report is,
considered to be "value" in use. Value in use is based upon the productivity of an item
that is so specialized that it has no demonstrable market and the use will likely to
continue.
Conditions of the a ooraisal - A le gal description for the easement 30' x 35' is attached
The proposed easement site is encumbered by an existing 10' utility easement. The
proposed easement will be valued in fee. The matrix is used as a general guide in
looking at the effect an easement may have on property owners bundle of rights.
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The purpose of this appraisal report is to value a proposed utilitv easement for a
qenerator to service PS 300.06.
16.C.10.a
Packet Pg. 1457 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
Easement Valuation: To educate property owners and right of way professionals, an
easement valuation matrix can be used as a general guide to assess the effect an
easement may have on the total bundle of rights. ln establishing this matrix, a
percentage of fee value is indicated by the impact of the easement will have on the use
and utility of the subject property A few features / conditions noted but not qrven
consideration such as view. inqress / eqress, and other external factors
EX: SMALL SUBSURFACE EASEMENT
NominJ eiT€<t o.t use ad dlity
Ex: AIR RIGHTS. WAIIR OR SEWER UNE
Sub-surfece or air ri;htr ttEt h.rt miim.l eftd on u:c & utility
EX: CABLE LlNE5, WATER OR SEWER LINEs
Lfiation along a property line lo(ztidt aqosr nm usrbl€ t{d a.ee
EX; TELECOMMUNTCATIONS, WATER, CABIE UNES
Bahn@d use by bodr drn€r & €E€nrrnt hold€r
Ex: PIPELINES, SCENIC EASEMENTS
SoltE imprt on qrfa(. uie;
ConnTencc d irqr*r/cgrer rightr
EX: PIPELINES, DRAINAGE EASEMENTS.
FLOTYAGE ENEMENTS
Majo. impact oll rurfa<e ure arld
convqrancE of frrhrrp useS
EX: OVERHEAD ELECTRIC, RAlISOADS,
IRHGATIOiI CAT{ALs & FTOWAGE
Sev€r€ impf,tat qrfa uie rd(orllyfie d lirt!.ne us€t
Property Owner: Bradstorm Village, A Condominium
Location: TBD in Phase 3
Easement Area: 1 ,050sf +/-
Type of easement: Utility Easement (UE)
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16.C.10.a
Packet Pg. 1458 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
Market Conditions: Collier County
Colller Lee Charlotte Florlda U.5. Manatee Sarasota
Households making
S5O,@ or more
Households making
$75,m or more
Households making
$1m,0m or more
60.8%53.4%43.57.06 56.3%51.9.
41.4%32.716 26.m 32.5%38.6%33.@6 *.2%
28.616 20.6%74.ffi 20.86 26.2%22.5%24.7%
Source: US Censur 2016 ACs
C.lll.. MrAlf.ri{y Unl$ hro.d P.r Mdth
Colller County bsued p€rDIt! for l,{3t muld-famly unlts OutldlnF $,tth 3 or oore ut t!) ov.r th.
pa.t 12 moDdl!, endlng oo luDe 30,2018. ThL q,as alr 31.{% lncr.aJe from tbe pr.ylour l2,Eontb
perlod. 9,17 of the 1,{31 muld-faDly unlt! w€r€ for rent.l apenlrents or arstst€d llvlng uD[!.
E aaludlnt r€ntal ald a$lrted lMnt unlt3, the aoutrty saw a 1.0% decr.are In for-rala mdd-famIy
permlt b$a0ce over the palt 12 montk.
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The table below lndlcates tbe percentage ofhouseholds ln each countymaHng,50,000,975,000, and
t100,000 or more. These segrents ar€ parttcularly lDrponaDt to new houslng demand because they
are the segments that can typlcally afford new homes.
MARKET TRENDS 02 20I8Liurcl
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16.C.10.a
Packet Pg. 1459 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
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Zoning RMF 12
The market data research for pud and mixed use pud is as follows:
04/ t6/2018
02/09/2Or8
12/2L/2OL7
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09.95ac sold@ S150,000ac
28.88ac sold@ S181,787ac
27.40ac sold@ S156,934ac
21.50ac sold@ S 180,233ac
The average per acre for the existing data is S167,238 say S167,500ac. The S157,50Oac data is adjusted
upward 15% for market conditions, resulting in S192,625ac / 54.42sf. Considering the estimated value is
for the fee base value regarding the easement, we wall round up to $5.00sf. The $5.00sf will be used as
the base for the property rights under consideration.
Market data
16.C.10.a
Packet Pg. 1460 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
The proposed easement valuation:
Generator area (30'x35') 1,050sf +/-
Two valuations proposed due to no survey is available.
Encumbered easement area 10' x 35' = 350' (25Yo ot tee matrix)
350' x $5.00sf x 25% is $437.50 say $438.00 dollars.
Total easement valuation: $3,553.00 dollars
Appraiser Name: Roosevelt Leonard
Company: Collier County Real Property
Phonet 239-252-26211
E-Mail: rooseveltleonard@colliergov.net
Date Repon Signed: 0417212079
License or Certification #: R03287 State: FL
Designation: R/W-AC
Expiration Date of License 7f/30/2020
lnspection of Subject: None
1
2. Unencumbered easement area 20' x 35' = 700' (89% of fee matrix)
700' x $5.00sf x 89% is $3,115.00 dollars.
16.C.10.a
Packet Pg. 1461 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
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We certify that, to the best of our knowledge and belief:
1. The statements offact contained in this report are true and correct
2. The reported analyses, opinions and conclusions are limited only by the reported assumptions
and limiting conditions, and are our personal, unbiased professional analyses, opinions and
conclusions.
3. We have no present or contemplated future interest in the prope(y that is the subject ofthis
report and have no personal interest or bias with respect to the parties involved.
4. We have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
5. Our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
6. My compensation for completing this assignment is not contingent upon the development or
reporting ofa predetermined value or direction in value that favors the cause olthe client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence ofa
subsequent event directly related to the intended use of this appraisal.
7. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code ofProfessional Ethics & Standards of
Professional Appraisal Practice of the Appraisal Institute.
8. The reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal Practice
9. The use of this report is subject to the requirements ofthe Appraisal Institute relating to
review by its duly authorized representalives.
16.C.10.a
Packet Pg. 1462 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement)
PROJECT: Pump Station 300.06 cenerator
PARCEL: BradstromVillageCondominium
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement,,) is made and
entered into on this /'l day of .-Tu1 v, , 2019, by and between by BRADSTROM
VILLAGE CONDOMINIUM ASSOCtATtON, tNC., a Florida not-for-profit corporation,
(hereinafter referred to as "Owner"), whose mailing address is 326-338 Bradstrom Clrcle,
Naples, FL 341'13, and the BOARD OF COUNTY COMMTSSTONERS OF COLLTER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX.OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATERSEWER DISTRICT, itS
successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility, access
and maintenance purposes over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part of this
Agreement;
WHEREAS, Owner desires to convey the Easement to purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate
Easement;
Owner for conveyance of the
Prior to closing, owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement 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.
This Agreement shall be null and void, and of no further force or effect, unless closing
shall occur within sixty (60) days from the date purchaser executes this Agreement;
provided, however, that Purchaser shall have the unilateral right to er:tend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
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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 Easement to Purchaser for the sum of rhree Thousand Five
Hundred and Fifty Three Dollars ($3,553.00), payable by County Warrant (said
transaction hereinafter referred to as the "closing"). said payment shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
rmprovements, and fixtures located thereon, and for any damages resulting to owner's
remaining lands, and for all other damages in connectron with conveyance of said
Easement to Purchaser.
16.C.10.b
Packet Pg. 1463 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement)
Easement Agreement Page 2
4
5
release or subordinate any and all such iens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County
Warrant to Owner and Owner shall deliver the conveyance instrument to purchaser in a
form acceptable to Purchaser.
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.
Owner represents that the property underlying the Easement, and all uses of the said
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 underlyjng the Easement except as specifically disclosed to
the Purchaser; that the Owner has no knowledge of any spill or environmental law
violation on the property contiguous to or in the vicinity of the Easement to be sotd to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or threatened
environmental lien against the property underlying the Easement; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or transfer
of hazardous substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser against and from,
and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (includlng 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 tifle.
7 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 to 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) recorded against the
property underlying the Easement from the mortgagee(s). The cost of a ti e commitment
shall be paid by Purchaser.
Purchaser shall install landscaping to buffer the Easement and improvements installed
thereon. Once installed, Owner shall maintain all landscape buffering. Should Owner fajl
to maintain such buffering, Purchaser may, at its sole discretion, trim and maintain the
landscape buffer and bill the Owner for all actual costs incurred in maintaining the
landscape buffer.
@
6.
8.
16.C.10.b
Packet Pg. 1464 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement)
Easement Agreement
10.
ATTEST:
CRYSTAL K. KINZEL,
Clerk of the Circuit Court
Page 3
I This Agreement and lhe terms and proviEions horeof shali be effective as of the date thi8
Agreement is.executed by both parties and shall inure to the benofit of and be binding
upon the parties heroto and thsir respective heirs, executors, peBonal representativesl
successors, succassor trusteas, and/or assignees, vvhenever the context so requires or
admits.
'11.
12. This Agreement is governed and construed in accordance with the laws of the stalo of
Florida.
Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises olher than those so stated above; and the wrilten Agreement,
including all exhibits attached hereto, shall constitute th€ entire Agreement and
undeEtanding of the parties, and lhere are no other prior or contemporaneous written or
oral agreements, undertakings, promises, warranlies, or covenants not contained herein.
lf the Owner holds the property underlying the Easemenl in the form of a partnerchip,
limited partnorship, corporation, trust or any form oI representative capacity whatsoevir
for others, Owner shall make a written public disclosure, according to dhapter 2gO,
Florida statutes, under oath, of the name and address of every person having a beneflcial
interest in the property underlying the Easement before lhe Eaeament hald in such
capacity is conveyed to Purchaser, its succogsors and as8igns. (lf the corporation is
registered with the Federel securities Exchange commission or registered pursuant to
Chapter 517, Florida Statutes, whose stock is for sale to the general puOlic, it is hereby
exempt from the provisions of Chapter 286, Florida Statutes.)
lN WITNESS WHEREOF, th€ pail6s hereto have executed this Agreement on this_ day of _, 2019.
Date Easement acquisition approved by BCC:
AS TO PURCHASER:
DATED:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER.SEWER DISTRICT
BY:
WILLIAM L. MCDANIEL, JR., Chairman
@
(SIGNATURES CONTINUE ON FOLLOWING PAGE)
16.C.10.b
Packet Pg. 1465 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement)
Easement Agreement
AS TO OWNER:
DATED: 7 -Z -//
Witness
Name.
(Print or Type)
V.l
ignature)
Name:
(Print or Type)
Approved as to form and legality:
Jennifer pedio,
Assistant County
Page 4
BRADSTROM VILLAGE CONDOMINIUM
ASSOCIATION, lNC., a Florida not for
profit corporation
By:
Print:
Its:P €srD6J-f
6
@
16.C.10.b
Packet Pg. 1466 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement)
CUR\E TABLE
CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 2200.oo o'29'41"s82'53'51"E 19.00'19.00'
C2 2200.oo'o'54'42"s83'45'25"E 35.O0'3s.00'
2230.OO'0'53'57"N83'45'47"W 35.00' I Js.oo'
l
i#'^[,TIf -BouLEvAEDP.O.C.
NW CORNER OF-
LOf t, BLOCK 22,
LELY COLF ESTATES
ST. ANDREWS EAST
(PB 10, Pc e8)
PUEUC RECORDS OF
FLORIDA
S?
Noz
s
1
I
I
s
!u
P.O.B.
N@IHERLY UNE OF LOT I
c2
oo.(
s*
$$'*
I ,O,UE
(Pur)
o(/c3tu'zo
S=9Of,.-(Y=."s IzQ-<:J OEo'3foOoL<&r9f,
.o
DESCRIBED PARCEL OF UND
(1,050 SO. Fr. t)LOT 1
BtocK 22
LELY GOLF ESTATES ST. ANDREWS EAST
(PB 10, PG 98)
N
2!'or(atr1
1
I
PHASE J
BRADSTROM VILLAGE,
A CONDOMINIUM
(oR8 141s, PG 1107)
DESCRTPTION
A PARCEL OF LAND
LYNG IN
LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANOREIVS EAST
SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
o 12.5 25 50:
(INTENOED DISPLAY SCALE: 1,=50,)
PHASE 1
ERADSTROM VILLAGE,
A CONDOMINIUM
(oRB 1415, PG 1107)
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A PARCEL OF LAND LYING IN A PORTION OF LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANDREWS EAST, AS RECORDED IN PLAT BOOK 10,PAGE 9E, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO LYING IN A PORTION OF PHASE 3, BRADSTROM VILI-AGE, ACONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1415, PAGE.I 107, OF SAID PUBLIC RECORDS. SECTION 20, TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT BEING THE BEGINNING OF A CURVE TO IHE LEFT,THENCE ALONG THE NoRTHERLY LINE OF SAID LOT 1 AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FEfr (CHORD BEARTNGs.E2'53'51"E.) (cHoRD 19.00 FEEr) (DELTA oo'29'41') FoR A DIsTANCE oF 19.00 FEEr ro rHE potNT oF BEGtNNtNc.
FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FE5.r (CHORD BEARTNG!.,9!'€2!lE) (cHoRq 3s:90 lEE_r) -(DE_LTA
oo's4'42") FoR A DtsrANcE oF Js.oo FEEr; THENCE s.o7'21'oo1,v. DEpARING iaro ruonrnrRlyLINE oF Lor 1, A DISTANCE oF 30.00 FErr ro A PotNT oF NoN-TANGENT cuRVATURE'To rHE niCir; rgEtce AL6NG sAtD cuRVE To rHERIGHT HAVING A RADlus oF .22-ao.oo FErr (cHoRD BEARING N.83'4s'47"w.) (cHoRD Js.oo FEEr) (DELTA oo's3's7") FoR A D;5TANCE oF35.00 FEEI'; THENOE N.0721'00'E., A D|STANCE oF 3o.oo FEE|-To rHE potNT oF BEG|NN|NG.
CONTAINING 1,05O SQUARE FEET, MORE OR LESS.
NOTES:
NOT A SURYEY
1, THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS
ONE.2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FE T ANDARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NORTH AMERTCAN DATUM OF 1983 (NAD83), 2O11
ADJUSTMENT.3. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 1,BLOCK 22. LELY GOLF ESTATES ST. ANDREWS EAST, WHEREIN SAID
WESTERLY LINE BEARS N.O7'21'OO"E.4. PARCEL CONTAINS 1,050 SQUARE FETT, MORE OR LESS.5. P.O.C. = POINT OF COMMENCEMENT6. P.O.B. : POINT OF BEGINNING7. ORB = OFFICIAL RECORDS BOOK8. PB : PLAT BOOK9. PG : PAGE
10. DE = DRAINAGE EASEMENT
1 1. UE = UTILITY EASEMENT
I HEREBY CERIry, TO THE BEST OF MY KNOWLEDGE
12. -R/W- = RTGHT-OF-WAY
13. SQ. FT. = SQUARE FEEI
14. R : RADIUS
15. A = DELTA
16. CB : CHORD BEARING
17. C : CHORD
lE.L=ARCLENGTH
19. Q = 6ENTERLINE
DATE SIdNET], J OF
SKETCH AND DESCRIPTION
A PARCEL OF LAND
SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY , FLORIDA
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET
P.O. BOX 1550
FORT MYERS, FLORIDA 33902-1550
PHoNE: (2J9) JJ4-o046
FAx: (239) 334-3661
t.B. #642 & L.B. #642ENGINEERING
Jo HN
DAlE
08-1 9- 1 9
lPRo.EcT No.
I zo',osroo-zo:
NLE NO.
20-50-26 1 "= 50'
ISHEET
| ,o',
SCALE
TE NO.
ORIGINAL
RAISED
AND
THE LEGAL AND
WITH THE
5J- 17.O5,
CHAPTER
16.C.10.b
Packet Pg. 1467 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement)
PROJECT: Pump Slotion 300.06 Generolor
PARCEL: Brodstrom Villoge Condominium
UTILITY EASEMENT
THIS UTILITY EASEMENT, mode ond entered inlo this/bhdoy ot
2019, by BRADSTROM VlLtAGE CONDOMINIUM ASSOCIATION, lNC., o Florldo nol-for-
profil corporotion, (hereinofter referred to os "Grontor"), whose principol oddress is 326-
338 Brodslrom Circle, Noples, FL 341 13, to the BOARD OF COUNTY COMMISSIONERS OF
COTTIER COUNTY, FTORIDA, AS THE GOVERNING BODY OT COTTIER COUNIY AND AS THE
EX-OTFICIO GOVERNING BOARD OF THE COTTIER COUNTY WATER.SEWER DISTRICT
(hereinofter referred to os the "Grontee"),3335 Eost Tomiomi Troil, Suite 101, Noples,
Florido 341 12, its successors ond ossigns. (Wherever used herein the terms "Grontors"
ond "Grontee" include oll the porties to this instrument ond their respective heirs, Iegol
represenlotives, successors or ossigns.)
WITNESSETH:
Grontor, for ond in considerotion of TEN DOLLARS (9,l0.00) ond other voluoble
considerotion poid by the Grontee, the receipt ond sufficiency of which is hereby
ocknowledged, hereby conveys, gronts, borgoins ond sells unto the Gronlee. its
successors ond ossigns, o perpetuol, non-exclusive eosement, license. ond privilege for
utility, occess ond mointenonce purposes, on the following described londs locoted in
Collier County, Florido, io wit:
See ottoched Exhibit "A" which is incorporoted herein by reference.
Sub.iect to eosements, restrictions, ond reservotions of record.
THIS IS NOT HOMESTEAD PROPERTY.
{Signoture Poge Follows)
TO HAVE AND TO HOLD the some unlo the Grontee logether with the right to
enter upon soid lond, excovole, ond ploce or remove moteriols including, but not
limited to, utility lines ond pipes, generotors ond other equipment or improvements
oppurtenont thereto or ihereunder for the purpose of constructing, operoting, ond
mointoining utility fociliiies thereon. Grontor ond Grontee ore used for singulor or plurol,
os the context requires. The eosement gronted herein sholl consiitute on eosement
running with the lond ond sholl burden the londs described obove.
lN WITNESS wHEREoF, the Grontor hos coused these presents to be executed the
dote ond yeor first obove written.
16.C.10.c
Packet Pg. 1468 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement)
WITNESSES:
Witness (Sig not
Nome:l/l el is*V
(Print or Type)
BRADSTROM VILLAGE CONDOMINIUM
ASSOCIATION, INC.,
o Florido not{or-Profit corporotion
Wiine Signoture)
Nom
(Print or Type)Print:
Title:
6
{./
The foregoing ins wos ocknowledged before me this /blh ooy ot5.r\2019 by A Ca, rh t-rz qg ?r"s.Aent
on be o|f of BRADSTROM VILLAGE CO
By:1,.2-a
personolly known to me or [X ] hos p
NDOMINIUM ASSOCIATION. lNC., who I
roduced M/ hl"er.s L;ut\rc-
identificotion
WITNESS my hond ond officiol seol this l&[i,t doy of d-,r[v ,2019
(offix notoriol seol)
ignoture of otory Public)
r\'Jat4j (er {-c4. dc-
(title),
lis
o5
(Print Nome of Notory Public)
NOTARY PUBLIC
Seriol/Commission: uar* y P-[l,r
My Commission Expires: ,tpr.t tol\, yJt.
,Alfft Potiltr Jr.
l{oory PuUic
Ccrnnrcnwhh d fhlrodlorttrlly Conmisbr Sxplro
Apr lO,20,16Approved os to form ond legolity:
Jenni . Belpedio,
Assistonl County Attorney
@
STATE OF MA€,44e1t1€d{6
COUNTY OF MilA\er4(
5
16.C.10.c
Packet Pg. 1469 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement)
A PARCEL OF LANO
SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY. FLORIDA
SKETCH AND DESCRIPT N
lzo,.rr*-ro.
DATE
0E-19-19
P.O.C.
NYI CORNER OF
t'
1.T'"**If-wTygHlBvAnD
s
CURVE TAELE
CUR\T RAOIUS DELTA CHORD EEARING CHORD LENGTH
C1 2200.o0'o'29'41"s82'53'51"E 19.00'19.00'
c2 zzoo.oo' I o'st'+z's83'45'25"E 55.00'35.00'
22Jo.oo'lo'5J'57-N83'45 47'W J5.00 35.00LOT 1, ALOCK 22,
LELY GOLF ESTAITS
ST. ANDREWS EAST
(P8 10, PG 98)
PUAUC RTCORDS OF
P.O.B.
coutER NORIIERLY LNE Of LOf I
c2
z IJ T--I to' uE
(PUt)
ra
d=.s8
aQo50'A
g9
ica q
I
DESCRIBED PARCEL OF UND
(/,050 sa. FT. t)N
I
LOT 1
BLOCK 22
LELY COLF ESTATES ST. ANOREWS E''sT
25', E
a,4t)
(PB 1O, PG 98)PHISE 1
BRADSTROM VILITCE.
A CONDOMINIUM
(oR8 141s. PG r 107)
I PHASE 3
SRADSTROM VIILACE.
A CONDOMINIUM
(oR8 141s, PG 1107)
I
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I
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DESCRIPTION
A PARCEL OF LAND
LYING IN
LOT 1, BLOCK 22. LELY GOLF ESTATES ST. ANDREII/S EAST
SECTION 20. TOIVNSHIP 50 SOLTTH. RANGE 26 EAST
COLLIER COUNTY, FLORIDA
l
(NIENoED oISPLAY SCALE: 1'-50')
A PARCEL OF LAND LYING IN A PORTION OF LOT 1. BLOCK 22. LELY GOLF ESTATES S]. ANOREWS EAS], AS RECORDEO IN PLAT BOOK 10,
PACE 98. OF THE PUBLIC RECORDS OF COLUER COUNIY, FLORIDA. ALSO LYING IN A PORTION OF PHASE J, BRADSTROM VILTAGE, A
CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOX 1415, PAGE 1107. OF SA]D PUBLIC RECOROS, SECTION 20, TOWNSHIP 50 SOUTH,
RANCE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT EEING THE BEGINNING OF A CURVE TO THE LEFI.
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 AND SAID CURVE TO THE LEFT HAVING A RAOIUS OF 2,2OO.OO FEET (CHORD EEARING
s.Ez53'51"E.) (cHoRo 19.00 FEEr) (oELTA 00.29'41') FoR A DTSTANCE oF 19.00 FEEr To THE porNT oF BEGTNNTNG.
FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONG SA]D CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FEEI (CHORO EEARING
S.8J45'25'E.) (CHORo 35.00 FEE[) (oELTA 00 54'42-) FOR A DISTANCE OF 35.00 FEEr; THENCE S.07'21'001'v.oEPARTING SAl0 NORTHERLY
LINE OF LOT 1, A DISTANCE 0F 30.00 FEEr TO A POINT OF NON-TANCENT CURVAIURE TO THE RICHT; THENCE ALONG SAl0 CURVE T0 THE
R|GHT HAVTNG A RADTUS OF 2,230.00 FEEr (CHORo BEARTNG N.6J45'47'W.) (CHORo 35.00 FEEr) (DELTA 0053',57') FOR A o|STANCE 0F
35.00 FEET; THENCE N.0721,00"E., A OISTANCE OF 3O.OO FEET TO THE POINT OF BEGINNING.
CONTAININC 1,050 SOUARE FEET, MORE OR LESS.
NOT A SURYEY
NOTES:1. THIS IS NOT A BOUNOARY SURVE/. NOR IS IT INIENDED TO BE USED AS
ONE.2. COORDINATES ANO HORIzONTAL OATA SHOWN HEREON ARE IN FErI ANO
ARE PROJECTED ONTO THE FLORIOA STATE PTANE COOROINATE SYSTEM,
EAST ZONE, NORTH AMERTCAN oATUM 0F 1983 (M083), 201I
AOJUSTMENT.3. BEARINGS SHOIVN HEREON ARE BASED ON THE IVESTERLY LINE OF LOT I,
BLOCK 22, LELY GOLF ESTATES ST. ANOREWS EIST, WHEREIN SAID
IVESTERLY LINE BE}RS N,0721'OO"E.4. PARCEL CONTAINS 1,050 SQUARE FEET, MORE OR LESS.5. P.O.C. = PoINT OF COMMENCEMEUT6. P.O.B. = POINT OF BEGINNING7. ORB = OFFlCl l- RECORDS BOOK8. PB = PLAT BOOK9. PG = PAGE
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION ANO
SKETCH WERE PREPARED IN ACCORDANCE WITH THE
APPLICABLE PROVIS'O1IS OF C;IAPTER 5J_]7.05,
FLORIDA TO
CHAPTER
MARK A TE;T{R o,1 1.8. A
10. DE = DRAIIiAGE EASEMENT
11. UE = UTILITY EASEMENT
12. -R/W- = RTGHT-OF-|VAY
13. SO. FT. = SOUARE FEET
14. R = RADIUS
15. A = DELTA
16. CB = CHORo BEARING
17. C = CHORo
18. 1 = ARC LENGTH
19. Q = CENTERLINE
PROFESSIOIAL S
FLORIDF CEITI'ICA rE NO. 6392
oATE sl6rEor-. :
ror vnro -wr-noLr: ri* l-.iic:[rilune' ato oarcrur
RAISED SEAL-, OF A FLOPIDA t I'S$S€o SLTRVftOR
AND MAPPER,
OF
JOHNS'QN
ENGINEERING Fl(E IO.
20-50-26
sc^l.E stlEEt
10F1
c3
E
I
I
JOHNSON ENGINEERINC. INC.
2122 JOHNSON STREET
P.O. 80X 1550
FORT UYERS, FLORIOA 33302_1550
PHONE: (239) 334-00a0
Fru: (259) J34-J661
E.A. 11612 & L.B. 1642
16.C.10.c
Packet Pg. 1470 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement)