Agenda 02/25/2020 Item #16C 7 (Release of Temp. Construction Easement - A.L. Petroleum Inc)02/25/2020
EXECUTIVE SUMMARY
Recommendation to approve the termination and release of a temporary construction easement
acquired to facilitate the construction of water facilities in the case entitled Collier County, Florida
v. A.L. Petroleum, Inc.
OBJECTIVE: Terminate one Temporary Construction Easement (TCE) 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 a Stipulated Order of Taking of Parcel No. 10T
on April 26, 2006, recorded on May 3, 2006 in Official Records Book 4030, Page 2363, Public Records
of Collier County, Florida. The property was acquired to facilitate the construction of water trans mission
mains along CR-951 for the Collier Boulevard Water Main 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 TCE was recorded without a termination date. This caused the TCE to remain as an
encumbrance to the property, even though the construction was completed. The standard term for a TCE
in connection with this project was 36 months. County staff has confirmed that the TCE is no longer
needed by the County.
To formally terminate the TCE, the County needs to record a release of the TCE 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 TCE was
intended to expire after completion of construction.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The cost of recording the Termination and Release of Temporary Construction
Easement will be $35.50. 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 Comm issioners
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 one temporary construction easement 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 10.T (PDF)
16.C.7
Packet Pg. 1942
02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doc ID: 11493
Item Summary: Recommendation to approve the termination and release of a temporary
construction easement acquired to facilitate the construction of water facilities in the case entitled Collier
County, Florida v. A.L. Petroleum, Inc.
Meeting Date: 02/25/2020
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
01/27/2020 12:47 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/27/2020 12:47 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 01/27/2020 1:41 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/27/2020 2:21 PM
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 01/27/2020 3:23 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 2:24 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 01/29/2020 11:24 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/29/2020 12:16 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/30/2020 8:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/30/2020 8:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/30/2020 8:49 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/31/2020 1:07 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 12:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
16.C.7
Packet Pg. 1943
After recording retum to:
Francesca Passidomo, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Ftorida 34103
EASEplEENTS
This Termination and Release of Temporary Construction Easement contained in Orders of
Taking (the ' fq!qi44ig!") is executed and made effective as of the _ day of _, 2020 by the
Board of County Commissioners of Collier County, Florida, the governing body of Collier County and as
Ex-Officio Governing Board of Collier County Water-Sewer District ("Countv").
WIIEREAS, the County acquired property by Order ofTaking Parcel No.10T on April26,2006,
recorded on May 3, 2006 in Official Records Book 4030, Page 2363 of the Public Records of Collier
County, Florida (the "Order"); and
WHEREAS, Parcel 10T is a temporary construction easement C'T.C.E.) located in Collier
County, more particularly described on Exhibit "A" (the "Easemen!_Area").
WIIERf,AS, the Easement Area is located on land owned by SD San Marino, LLC, a Florida
limited liability company ("Owner").
WHEREAS, the T.C.E. was intended to terminate upon the third year following commencement
of construction, but does 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 abandonment and termination of the T.C.E.
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable
considerations, the receipt and sufficiency 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.
@
ISIGNATURES APPEAR ON FOLLOWING PAGES]
16.C.7.a
Packet Pg. 1944 Attachment: Termination - SD San Marino LLC - Parcel 10.T (11493 : Termination - Parcel 10T)
IN WITNESS WHEREOF, the foregoing is agreed to as of the date and year first written above.
COUNTY:
BOARD OF COUNTY COMヽ 41SSIONERSATTEST:
CRYSTAL K.KINZEL,Clerk
By:
Approved as to form and legality:
By:
COLLIER COUNTY,FLORIDA
By:
Deputy Clerk Burt L. Saunders, Chairman
County Attorney
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16.C.7.a
Packet Pg. 1945 Attachment: Termination - SD San Marino LLC - Parcel 10.T (11493 : Termination - Parcel 10T)
WITNESSES:
STATE OF FLORIDA
COUNTY OF COLLIER
OWNER:
SD SAN MARINO,LLC,a
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as Manager of SD San Marino ,LLC, a Florida limited tiabitity compun([o, U"talf of the company. @
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16.C.7.a
Packet Pg. 1946 Attachment: Termination - SD San Marino LLC - Parcel 10.T (11493 : Termination - Parcel 10T)
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16.C.7.a
Packet Pg. 1947 Attachment: Termination - SD San Marino LLC - Parcel 10.T (11493 : Termination - Parcel 10T)