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Agenda 02/25/2020 Item #16C 6 (Release of Temp. Construction Easement - San Marino Joint Venture)02/25/2020 EXECUTIVE SUMMARY Recommendation to approve the termination and release of temporary construction easements acquired to facilitate the construction of water facilities in the case entitled Collier County, Florida v. San Marino Joint Venture. OBJECTIVE: Terminate two Temporary Construction Easements (TCEs) that failed to provide an explicit termination date. The public benefit is the elimination of a title encumbrance, which constitutes an unnecessary cloud on title. CONSIDERATIONS: The County acquired property by Order of Taking Parcel Nos. 849, 949, 850, 950, 851R, 951R, 752R, 952R, 953AN, 754R and 954R on October 18, 2005, recorded on November 14, 2005 in Official Records Book 3927, Page 3243, Public Records of Collier County, Florida. The property was acquired to facilitate the construction, operation, and maintenance of a sewer force main, raw water mains and pipelines and well sites required for the Collier County Water -Sewer District’s South County Regional Water (SCRWTP) Reverse Osmosis Expansion to 20 MGD Wellfield Project. Generally, TCEs would explicitly denote the intended term and provide for a termination date in the Order of Taking document or on the sketch and legal description. In this case, the Order of Taking containing the TCEs was recorded without a termination date. This caused the TCEs to remain as an encumbrance to the property, even though the construction was completed. The standard term for TCEs in connection with this project was 36 months. County staff has confirmed that the TCEs are no longer needed by the County. To formally terminate the TCEs, the County needs to record a release of the TCEs in the official records of Collier County. A copy of the Termination and Release of Easement is attached. This situation does not require a formal vacation process since the omission was on the part of the County and the TCEs were intended to expire after completion of construction. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The cost of recording the Termination and Release of Temporary Construction Easements will be $44.00. The source of funding is the Water User Fee Fund (412). Funding is available in, and is consistent with, the FY2020 Capital Budget approved by the Board of County Commissioners on September 19, 2019. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board action. -JAB RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the ex-officio governing board of the Collier County Water-Sewer District, approves the termination and release of the two temporary construction easements and directs the County Manager, or his designee, to record the Termination and Release of Easement in the official records of Collier County, Florida. SUBMITTED BY: Toni A. Mott, Manager, Facilities Management Division ATTACHMENT(S) 1. Termination - SD San Marino LLC - Parcel 752R (PDF) 16.C.6 Packet Pg. 1935 02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6 Doc ID: 11492 Item Summary: Recommendation to approve the termination and release of temporary construction easements acquired to facilitate the construction of water facilities in the case entitled Collier County, Florida v. San Marino Joint Venture. Meeting Date: 02/25/2020 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 01/27/2020 12:40 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 01/27/2020 12:40 PM Approved By: Review: Facilities Management Damon Grant Director - Facilities Completed 01/27/2020 1:44 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/27/2020 2:26 PM Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 01/27/2020 3:22 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 01/27/2020 4:14 PM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 01/28/2020 2:29 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 01/30/2020 10:52 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/30/2020 2:38 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/30/2020 3:44 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/30/2020 4:03 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/31/2020 1:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2020 1:35 PM Budget and Management Office Ed Finn Additional Reviewer Completed 02/03/2020 9:56 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/13/2020 12:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 16.C.6 Packet Pg. 1936 After recording retum tol Francesca Passidomo, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North. Suite 300 Naples, Florida 34103 EASEDIEENTS This Termination and Release of Temporary Construction Easement contained in Orders of Taking (the "Termination") is executed and made effective as of the _ day of _, 2020 by the Board of County Commissioners of Collier County, Florida, the goveming body of Collier County and as Ex-Officio Goveming Board of Collier County Water-Sewer District ("Countv"). WHEREAS, the County acquired property by Order of Taking Parcel Nos.849, 949, 850, 950, 85lR, 951R, 752R, 952R, 953AN, 754R and 954R on October 18, 2005, recorded on November 14, 2005 in Official Records Book 3927, Page 3243 of the Public Records of Collier County, Florida (the "Q4!s"); and WHEREAS, Parcels 752R and 754R are temporary construction easements ("T.C.E.") located in Collier County, more particularly described on Exhibit "A" and Exhibit "B" (collectively, the "Easement Area"). WHEREAS, the Easement Area is located on land owned by SD San Marino, LLC, a Florida limited liability company ("Qrr4q'). WHEREAS, the T.C.E. were intended to terminate upon completion of construction, but do not include a termination date and accordingly remain as a cloud on the title. WHEREAS, the County desires to formally terminate the T.C.E. and Owner desires to evidence such abandorunent and termination ofthe T.C.E. NOW THERf,FORE, in consideration of ten dollars ($10.00) and other good and valuable considerations, the receipt and su{ficiency of which are hereby acknowledged, the County hereby relinquishes, abandons and vacates the T.C.E. over the Easement Area, effective upon the recording hereof in the Public Records of Collier County, Florida. All other easements acquired by Collier County shall remain in full force and effect. The terms hereof shall be binding on the County and its respective successors and assigns. ⑤ ISIGNATURES APPEAR ON FOLLOWING PAGES] 16.C.6.a Packet Pg. 1937 Attachment: Termination - SD San Marino LLC - Parcel 752R (11492 : Termination - Parcel 752R) IN WITNESS WIIEREOF, the foregoing is agreed to as of the date and year first written above. COUNTY: BOARD OF COUNTY COMヽ 41SSIONERSAWEST: CRYSTAL K.KINZEL,Clerk By: Approved as to form and legality: COLLIER COUNTY,FLORIDA By: Deputy Clerk Burt L. Saunders, Chairman Attomeyssl多゛ざ ′ρ β GAИ rしり磁]sCθ ハ呪ハrし E θArFθ ttθ ″昴石GFИ G珂 [20-ECM‐02463/1516948/1]TERMINAT10N OF TEMPORARY CONSTRUCT10N EASEMENTS Page 2 of5 By: ③ 16.C.6.a Packet Pg. 1938 Attachment: Termination - SD San Marino LLC - Parcel 752R (11492 : Termination - Parcel 752R) WITNESSES: @meorhasProduced JUOITH M SEALE Notary Public - State ol Florida Commission # GG 027265 My Comm. Expires SeP 28,2020 Bonded through National Notary Assn. OWNER: SD SAN MARINO,LLC,a FloHda lilnitcd liability company as identification. My Commission Expires: Ⅷ:れ軌ル《夕に STATE OF FLORIDA COIINTY OF COLLIER ne foregOing was acknowledged before me as Manager of SD San Marino,LLC,a Flo五 da limit [20-ECMЮ 2463/1516948/1] TERMINAT10N OF TEMPORARY CONSTRUCT10N EASEMENTS Pagc 3 of5 ③ Approved as to lbrnr antl lcgalitY Assiitant CountY A 16.C.6.a Packet Pg. 1939 Attachment: Termination - SD San Marino LLC - Parcel 752R (11492 : Termination - Parcel 752R) EXHIBIT``A'' (PARCEL 752R) N mESE誰第どl出詔鶏M汗誂欲絆 50s F「とし R/wEASEMENT 難輻 ∬よ …,.,iLHe,ffH,.Hffipffi*ttrzr,f.* ffi9:Ejr TEllsuEr-99qq of srp saJnansr r,z+ or,r IIW CoRttR OF 雑馬ク∝ :椰脳認哩ぎ ∥鰤肥甲騨鸞雪響 ^型 … 1^'1 "罵雫綿『甑鮮。棚ョ』肥晋辮.曼上品W優 ['出距i出縦y1/4“THE PdNTご憾鸞牌匈環制岬叩砥鐸胴鮒響珊攣N生鼎弾 ■T`澤れ PCE Rw sou"●●4●|′に乳 A iSTANCC oF榔昴響i篇楡肺繹 1野卜鯖麒ヒi辮諦織願 o.ft?lt{no tEooO S+ Ft Ct? A.. raE lts3, 鵬 77●JlS …ギ 1搬島臨臨欧酬 N 斑000-lcll●● [20‐ECMЮ 2463/1516948′1〕TERMNAT10N OF TEMPORARY CONSTRUCT10N EASEMENTS Pagc 4 of5 16.C.6.a Packet Pg. 1940 Attachment: Termination - SD San Marino LLC - Parcel 752R (11492 : Termination - Parcel 752R) EXHIBIT“B"(PARCEL 754R) 冊提`釧 EET,∝1rN翻 E NE古奎露ど11出晨品、将F誅 :檄 'P50S, I10RTH uNE OF SEC■ON 電鵠絆 s8810'16'E A SuRロ難響輯騨濫F … 愧1 鴨勒鱚黎鰭 1/4 聴躙群懇辟臨暦置冊掛囲騒ず則ゴ:鰐鼈毀塁PH帷 … ヽCOCOmER CoM 120-ECM l12463/1516948/1]TERMPヾ AT10N OF TEMPORARY CONSTRUCT10N EASEMENTS Pagc 5 of5 OR●50 Ac“睫 ":ヽ 16.C.6.a Packet Pg. 1941 Attachment: Termination - SD San Marino LLC - Parcel 752R (11492 : Termination - Parcel 752R)