Agenda 10/13/2020 Item #16C 2 (LCEC Easement - Town of Ave Maria)10/13/2020
EXECUTIVE SUMMARY
Recommendation to approve an Easement to Lee County Electric Cooperative, Inc., (LCEC) for
installation of electric facilities to service the Multi -Purpose Public Safety Facility on County-
owned property located within the Town of Ave Maria.
OBJECTIVE: To provide electric service to the Multi-Purpose Public Safety Facility on County-owned
property within the Town of Ave Maria. This facility will house Immokalee Fire Station #32, the
Sheriff’s Office and County Emergency Medical Services.
CONSIDERATIONS: On September 25, 2018, Agenda Item No. 16E10, the Board of County
Commissioners approved a Lease Agreement with the Immokalee Fire District on County owned property
to facilitate the construction of the future Multi-Purpose Public Safety Facility (PSF).
The Lease provides that the Immokalee Fire District (District) and the County, agrees that the District will
lease three acres of the four acres deeded to the County for the construction and operation of a PSF. All
costs for the design, construction, permitting, management, and on-going maintenance is the sole cost of
the District. The District will provide the County with space within the PSF for the Sheriff’s Office and
EMS.
In order for LCEC to provide electric service to the future PSF, it will be necessary for the County to
approve the attached blanket Easement that will not be recorded. Once the infrastructure is installed, a
permanent Easement will be submitted for future Board approval that will capture the exact location of
the electric facilities.
When a future government building is constructed on the remaining one-acre, it will be necessary to
process and easement at that time to provide electric facilities.
A location map is attached for reference.
The Easement has been reviewed and approved by the County Attorney’s Office.
FISCAL IMPACT: There is no fiscal impact to this item.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the blanket LCEC
Easement to provide electric service to the future Multi-Purpose Public Safety Facility on County-owned
property located within the Town of Ave Maria. The permanent Easement will be submitted for future
Board action.
Prepared by: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. LCEC Easement (PDF)
2. Location Map (PDF)
16.C.2
Packet Pg. 1692
10/13/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 13554
Item Summary: Recommendation to approve an Easement to Lee County Electric Cooperative,
Inc., for installation of electric facilities to service the Multi -Purpose Public Safety Facility on County-
owned property located within the Town of Ave Maria.
Meeting Date: 10/13/2020
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
09/11/2020 12:07 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
09/11/2020 12:07 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/11/2020 12:39 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/11/2020 1:50 PM
Facilities Management Damon Grant Director - Facilities Completed 09/14/2020 10:35 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 09/15/2020 12:28 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/15/2020 3:31 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/16/2020 8:59 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/16/2020 9:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2020 9:17 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/16/2020 10:22 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/05/2020 10:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
16.C.2
Packet Pg. 1693
Prepared By:
Engineering Department
Lee County Electric Cooperative, lnc.
Post Office Box 3455
N. Ft. Myers, FL 33918-3455
wo #400270517
FOLIO 22671201708 AND 22671201601 (portion)
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and or assigns, as Grantor, whose
post office address is 3335 Tamiami Trail East, Naples, Florida34112, in consideration of
the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to Lee County Electric Cooperative, lnc., a
Florida not for profit corporation, as Grantee, whose post office address is Post Office Box
3455, North Fort Myers, Florida 33918, and to its successors and assigns (the term
"assigns" meaning any person, firm, or corporation owning by way of assignment all rights
under this Agreement or a portion of such rights, with the Grantee or its other assigns
retaining and exercising the other rights), a perpetual easement for a right-of-way to be
used for the construction, operation, and maintenance of one or more overhead and
underground electric distribution or transmission lines, including, but not limited to, wires,
poles, cables, conduits, anchors, guys, and roads, trails, and equipment associated
therewith, attachments and appurtenant equipment for fiber optic telecomm un ications and
television purposes (all of the foregoing hereinafter referred to as "facilities"), over, under,
in, on, upon, and across the lands of the Grantor situated in the County of Collier and State
of Florida and being more particularly described as follows:
See Attached Exhibit "A" known as that Warranty Deed, lnstrument 5685343
at OR Book 5608, Page 2080, recorded 3/19/19 which is incorporated herein
by reference
The foregoing easement shall be limited to a strip of land Twelve (12) feet in width, the
centerline of which shall be a line drawn between poles or along a buried cable, together
with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge,
add to, change the voltage, as well as the nature or physical characteristics of, replace,
remove, or relocate such facilities or any part of them described above with all rights and
privileges necessary or convenient for the full enjoyment or the use thereof for the
purposes described herein, including, but not limited to, the right to trim, spray, cut, and
keep clear all trees and undergrowth and other obstructions within said rrghlof-way and on
lands of Grantor adjacent to said right-of-way that may interfere with the Grantee's use of
said easement and facilities, togetherwith the rightto markthe location of any underground
facilities by above-ground markers and other suitable markers, the right of ingress and
eg ress for Grantee, its contractors, agents, successors or assigns, over the adjacent lands 〇
16.C.2.a
Packet Pg. 1694 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
of the Grantor, for the purpose of exercising and enjoying the rights granted by this
easement and any or all ofthe rights granted hereunder.
By the execution and delivery hereof, Grantor so expressly agrees that no portion of the
righlof-way shall be excavated, altered, obstructed, improved, surfaced, or paved without
the prior written permission of the Grantee, or its successors or assigns, and no building,
well, irrigation system, drainage system, structure, obstruction, or improvement (including
any improvements for recreational activities) shall be located, constructed, maintained, or
operated over, under, upon, or across said right-of-way by the Grantor, or the heirs,
personal representatives, successors or assigns of Grantor.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use, and enjoyment of this easement and the rights granted hereby.
lN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of 20
ATttEST:
BOARD OF COUNIY COMMISS10NERS
CRYSTAL K K!NZEL,CLERK COLLiER COUNTY,FLORIDA
,Deputy Clerk Burt L. Saunders, Chairman
Approved as to legal form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
BylBy:
16.C.2.a
Packet Pg. 1695 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
INSTR 5685343 oR 5608 PG
CLERK OF THE CIRCUIT COUR丁DOC@.70 SO.70 REC S44.00
2080 RE⊂ORDED 3/■8/20■9AND COMPttROLLER, COLLIER 3:36 PM PAGESCOUNTY FLORIDA
PRO」ECT: EMS′SO―Ave MaHa
FOLI(): 22671201708 and 22671201601(portiOn)
WARRANTY DEED
丁H!S llVARRANttY DEED is made this____二 day Of ,2019,
by Ave Maria Development,LLLP,a Florida limited liabi:ity limited partnership,by its
undersigned Manager,whOse address is 2600(3olden(3ate Parkway,Naples,FL 34105
(hereinafter referred to as“Grantor'),tO coLLIER COUNTY,a pol性 ical subd市 ision oftheState of Florida,its successors and assigns,whose post Office address is 3335 Tanliarni
Trail East,Naples,Florida,34112(hereinafter referred to as“Grantee").
(Wherever used herein the include all the parties to
this instrument and their successors and assigns.)
W!TNESSETH:That of the sum of Ten Dollars
($10.00)and Other hereby acknowledged,
hereby grants, bargains,and confirms unto the
Grantee, all that certain wit:
See Attached by reference.
Subject to of record.
itaments and appurtenances thereto
belonging or in an)nrise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lavrrfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances except as noted above.
lN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
(Signatures on following pages)
TOGETHER wkh a∥the
16.C.2.a
Packet Pg. 1696 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
OR 5608 PG 208■
孔t´ικノみ
出TSS6。電指朧vE.■OCkham
Ave Maria Development. LLLp, a Florida
limited liability limited partnership
By: Barron Collier Corporation, a Florida
corporation
Its: Managing Partner
る、dayof 3mm笠 ,2049
F!orida corporationl on behalf
whohas[]produced
#(if any):
Expires:
Austin Hoi€il
STATE oF TIrridA
COUN7‐Y OF Cる 磁r
The foregoing instrument
by Brian Goguen, as Vice
of the partnership, who is
VVITNESS my hand and
(affiX nOtarial seai)
AllSTIN HOWELL
CommilssimiC●21"P3
帥 lreS∥3y8,'"'
3●ndd珈 詢餞―
正 〇
Public)
16.C.2.a
Packet Pg. 1697 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
OR 5608 PG 2082
STATE OF
COUNTY OF
The foregoing instrument
by Paul R. Roney, as
of the company, who is
AS
WITNESS my hand and
Ave Maria Development. LLLP, a Florida
limited liability limited partnership
By: Nua Baile, LLC, a Florida limited
!iability company
Its:
By:
Prin
T託 !e:
no o^, orFgbtatWzotg
liability company, on behalf
whohastlproduced
LLC,a
1舅 9・
“
θご―Public)
#(if any):
Expires:
LUC!EA.RAMSDELL ｀￢
NOTARY PUBLIC‐STATE OF MiCHIGAN
COUヽ 「r CF総 ＼SHTENAVV胤認棚漱謂瞥2盪 襲塑乙Lり_T義
Witness
Nam*
Approved as to lbrm and lcg:rlitY
③
16.C.2.a
Packet Pg. 1698 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
OR 5608 PG 2083
ExhibitrrA'r
Legal Description - 4-Acre Parcel
Tract"F-7", Ave Maria unit Two, Park of commerce, recorded in plat Book 4g, pages22
through 28, Collier County, Florida.
And
The South 109.47 feet of Tract "F-6", Ave Maria Unit Two, Park of Commerce, recorded in Plat
Book 48, pages22 through 28, Collier County, Florida, as measured parallel with the southerly
linc of sald Tract“F-6)'.
鶴
拶
OF
16.C.2.a
Packet Pg. 1699 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
GENERAL NOTES:
BEARINCS ARE BASED ON THE EAST RIHCT-OF―WAY LINE OFUSEPPA DRIVE. BEINC NORTH 1 008156" WEST.
DIMENS10NS ARE IN FEET ' AND DECIMALS THEREOFAE. =ACCESS EASEMENT
DE. ‐ DRA NACE EASEMEN■
PUE_ = PuBLIC U■LITY EASEMENTPB = PLAT B00KPOC = PolNT OF COMMENCEMENTPOB = POIN■ OF BECINNINGR_OW =RIGHT-OF―WAYAMUE ‐AVE MA RA UTILITY EASEMENTSEE ATTACHMENT FOR LECAL DESCRIP￢ONTH!S SKETCH MAY HAVE BEEN REDUCED
SEE ATACHMENI FOR LECAL DESCRIP■ON
*** NOT A S∪R∨EY ***
SCALE IN FEET
Phone 螺鶉 徊m●。ln 15615851-SK02
16.C.2.a
Packet Pg. 1700 Attachment: LCEC Easement (13554 : LCEC Easement @ Ave Maria)
Location Map
~ Town of Ave Maria ~
Multi-Purpose Public Safety Facility (Facility)
Immokalee Fire, Collier County EMS and Collier County Sheriff’s Office
16.C.2.b
Packet Pg. 1701 Attachment: Location Map (13554 : LCEC Easement @ Ave Maria)