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Resolution 2020-178 RESOLUTION NO. 2020 - 1 7 S A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AUTHORIZING ITS CHAIRMAN TO EXECUTE A TRANSPORTION POST PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY. WHEREAS, as part of the original Interstate 75 (1-75) construction, the State of Florida Department of Transportation (hereinafter referred to as the Department) realigned the Cocohatchee Canal under Financial Project # 200746-1-52-01 away from the Immokalee Road Interchange to provide a more cost-effective crossing and obtained a perpetual easement "for the purpose of clearing, excavating, constructing and maintaining outfall and drainage ditches and drain;" and WHEREAS, Collier County (hereinafter referred to as the Local Agency) has requested to maintain said easement and the Department owned canal area within the I-75 right- of-way;and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the Local Agency to maintain the canal within the Department's right of way; and WHEREAS, the Board wishes to approve and authorize its Chairman to execute a Transportation Post Project Management Agreement between Florida Department of Transportation and Collier County. NOW,THEREFORE,BE IT RESOLVED by the Board: Section 1. The Board hereby authorizes its Chairman to execute a Transportation Post Project Management Agreement between Florida Department of Transportation and Collier County. Section 2. The Clerk of Courts is hereby directed to send a copy of this Resolution to the Department of Transportation along with the executed Transportation Post Project Management Agreement between Florida Department of Transportation and Collier County. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 13th day of October, 2020. ATTEST:` BOARD OF COUNTY COMMISSIONERS, CRYSTAL K. KINZEI ,,,CLERK COLLIER UNTY, FLORIDA By: -Ll U . 1�.�/G/‹._ _ By: ', ,e41- l'8 ";F fQ Cr�� . ; Clerk Burt L. Saunders, Chairman 5 , Ape • i.;�;4 , ma _'•�. i egality: ill fit- -- Jeffrey f . k 1 atzkow, County Attorney FPID#200746-1-52-01 MAINTENANCE AGREEMENT: Collier County Page 1 of 2 TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, the "DEPARTMENT") and COLLIER COUNTY (hereinafter, "LOCAL AGENCY") for the maintenance of transportation enhancements described below.* WITNESSETH 1. WHEREAS, as part of the original Interstate 75 (1-75) construction, the DEPARTMENT realigned the Cocohatchee Canal under Financial Project # 200746-1-52-01 away from the Immokalee Road Interchange to provide a more cost-effective crossing and obtained a perpetual easement "for the purpose of clearing, excavating, constructing and maintaining outfall and drainage ditches and drain" per Official Record Book 365, Page 414 as shown in Exhibit A, attached and incorporated by reference; and 2. WHEREAS, the LOCAL AGENCY has requested to maintain said easement and the DEPARTMENT owned canal area within the 1-75 right-of-way as shown in Exhibit B (attached and incorporated by reference) to provide an improved level of vegetation and canal maintenance; and 3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the LOCAL AGENCY to maintain the canal within the DEPARTMENT's right of way; and 4. WHEREAS, the LOCAL AGENCY by Resolution No. -�-920 178 ' dated October 13, 2020, a copy of which is attached hereto and made a part hereof as Exhibit C, has consented to and approved the Agreement and has authorized its Chairperson or designee to execute said Agreement. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: • The LOCAL AGENCY will be responsible, at its costs, for the maintenance of the Cocohatchee Canal within the limits shown in Exhibit B, including all above ground maintenance together with routine mowing, dredging and debris removal in accordance with South Florida Water Management District canal maintenance standards. • The LOCAL AGENCY may assign this AGREEMENT to the South Florida Water Management District, with the understanding that the DEPARTMENT will hold the LOCAL AGENCY responsible for the terms of this AGREEMENT. If assigned, the LOCAL AGENCY shall provide a copy of said assignment to the DEPARTMENT. *This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments,agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly,it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written.This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. FPID#200746-1-52-01 MAINTENANCE AGREEMENT: Collier County Page 2 of 2 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf through its Chairperson or designee, and THE FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary for District One, as indicated below. This Agreement shall become effective on the 13th day of October, 2020. COLLIER COUNTY, FLORIDA ATTEST BOARD OF COUNTY COMMISSIONERS CRYSTAL :a . K4N EL, Clerk of the COLLIER COUNTY, FLORIDA Circuit oU OQ'h3ptroller da 1%/iii%...Ae.€001Pa• -1++ '.. wy¢ 1cip EPUTY CLERK BURT L.SAUNDERS,CHAIRMAN Approve a • fo PSile alit : pp � 9 Y -0; JEFFREY A.K I' OUNTY ATTORNEY /I I �--` STATE OF FLORIDA DEPARTMENT OF TRANSbRT N ATTST / -7/ BY: ���Qx C��-. �._ BY: i — / DISTRICT ONE SECRETARY OR DESIGNEE (4,1z114_e NAME PRINT NAE T `on 1 s hi;- I4 SI�„f ii/4b0)0 �f)±i.i �'` ,v.4. AG„,;,,.�3J�- I/ DATE TITLE DATE (//c�/A0 FLA. DEPT. OF TRANS LEGAL REVIEW: BY: i/10n (Aotucfaa.t y,. : '/2,3'oa••= EXHIBIT "A" - • :/34,YO 215860 (IND. SWDE)''d•4 PARCEL NO. 300.1 SECTION T ' 03175-2401":... STATE'ROAD 93 r 365 PAcI 414 COUNTY Collier FAPE I-75-413]316 DRAINAGE EASEMENT THIS EASEMENT made this 2nd day of July , A. D. 19 7O between Charlotte U. Labov; Joseph U. Lahov, individually $ as Custodian for Lauren Labov 4 Wendy Labov; Marjorie L. Jacobs, individually $ as Custodian for Bruce David Jacobs, Daniel R. Jacobs t Lynn Jacobs; f# Ruth/Grossman as Custodian for Amy Leah Grossman, Seth L. Grossman, Susan Grossman $ Elizabeth Grossman as the first part ies , and the STATE OF FLORIDA, for the use and benefit of the State Department of Transportation, as the second party. WITNESSETH: That the first part ies , in consideration of the sum of One Dollar and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grant unto the second party, its successors and assigns, a perpetual easement and right of way for the purpose of clearing, excavating, constructing.-and maintaining outfall and drainage ditches and drain: in, upon and through The following described land in Collier County, Florida, to'wit:- Parcel 300 Section 03175-240]- That part of: Section 19, Township 48 South, Range 26 East, lying within the following metes and bounds description: Continence at the corner common to Sections 19, 20, 29 and 30, Township 48 South, Range 26 East, run thence South 0°03'16" East 50 feet, thence South 89°34'36" West 973.80 feet, thence North 0°25'24" West 57.91 feet to the Point of Beginning, continue thence North 0°25'24" West 92.09 feet, thence North 48°49'40" West 279.67 feet, thence North 12°09'27" West 675.77 feet to the beginning of a curve concave to the Northeasterly having a radius of 2650.79 feet, thence Northerly along said curve 487.44 feet through a Central Angle of 10°32'08" to the end of said curve, thence North 1°37'19" West 455.13 feet, thence South 89°31'26" West 120.02 feet, thence South 1°37'19" East 445.13 feet, to the beginning of a curve concave to the Northeasterly having a radius of 2770.79 feet, thence Southerly along said curve 509.51 feet through a Central Angle of 10°32'08" to the end of said curve, thence South 12°09'27" East 675.77 feet to the beginning of a curve concave to the Northeasterly having a radius of 335.17 feet, thence Southeasterly along said curve 354.71 feet through a Central Angle of 60°38'06" to the end of said curve, thence South 89°13'33" East 100.02 feet to the Point of Beginning. LESS existing rights of way. Containing 5.56 acres, more or less. ALSO: That part of: The above described property lying within the following metes and bounds description: Commence at the corner common to Sections 19, 20, 29 and 30, Township 48 South, Range 26 East, run thence South 0°03'16" East 50 feet thence South 89°34'36" West 2373.80 feet, thence North 0°25'24" West 57.90 feet to the Point of Beginning, thence North F-592 Cross Reference Control No. Mil YO Parcel 300,1 Section 03175-2401 ..'`'page 2 State Road 93 Collier County FAP #I-75-4(3)316 l 365 Mt 415 88°22'34" East 100.02 feet to the beginning of a curve concave to the Northwesterly having a radius of 349.73 feet, thence Easterly and Northerly along said curve 338.51 feet through a Central Angle 55°27'26" to the end of said curve, thence North 13°01'48" East 502.51 feet to the beginning of a curve concave to the Westerly having a radius of 2770.79 feet, thence Northerly along said curve 459.73 feet through a Central Angle of 9°30'22" to the end of said curve, thence North 3°31'26" East 518.75 feet, thence North 0°28'34" West 160.50 feet, thence South 89°31'26" West 109.07 feet, thence South 3°31'26" West 671.25 feet to the beginning of a curve concave to the Westerly having a radius of 2650.79 feet, thence Southerly along said curve 439.81 feet through a Central Angle of 9°30'22" to the end of said curve, thence South 13°01'48" West 502.51 feet, thence South 46°47'37" West 269.22 feet, thence South 0°25'24" East 92.10 feet to the Point of Beginning. LESS existing rights of way. Containing 5.37 acres, more or less. THIS INSTRUMENT WAS PREPARED BY T. L. DUNN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BARTOW, FLORIDA DESCRIPTION APPROVED JANUARY 29, 1970 OFFICIAL EGORpp Boo :0LLIF6 CatINTY,FLORIDA Luc t� 9 os AH 'TO ;LEAK OF CACUir COLLIER COUNTY,I�L A . St ILL) PAGE TWO 365 S416 TO HAVE AND TO HOLD the same unto the second party, its successors and assigns, together with impunity unto the second party, its successors or assigns, from all claims for damage, if any, arising from or growing out of such construction and/or maintenance, to the land, if any, owned by the first part ies lying adjacent or contiguous to the lands hereinabove described and the part ies of the first,part will defend the title to said lands against all persons claiming by, through or under said part ies of the first part. IN WITNESS WHEREOF, the first part lee have hereunto set their hand a and seal this 2nd . day of July, A. D. 19 70 Signed, sealed and delivered in the presence of: 1/6(449: 1 4 , .2( 4I ) Albert (SEAL) Meta B.TYeskin = !iced 11y stodian aforesaid As to the Parties of the (SEAL) irst ( %"�,,a, p� �G )(SEAT.) n _duall axed as Custodian aforesaid (SEAL) • L` �� 4 SEAL) "useodianl aforesaid (SEAL) muccatuzzummasumfistroamazaw STATE OF CONNECTICUT _ COUNTY OF NEW HAVEN ) S5. NEW HAVEN Before me, the undersigned authority, this day personally appeared Charlotte U.Labov, Joseph U. xaoc Labov and Carolyn D. Iabov, his wife, and iarjorie L. Jacobs, Iiiiangibi4 to me well known and known to me to be the individuals described in and who executed the foregoing instrument, and they severally acknowledged before me that they executed the same for the purposes therein expressed. !At 365 Am 417 (IND. SWDE) PAGE THREE WITNESS my hand and official seal this 2nd day of July A. D. 19 70 �/ Q �D My Commission expires: G�`1.1� Notary Public in an f he County and ''5';„A; i11, 1971 State aforesaid. NimecomposigwittapqvigpsERREzmfigwy - k U 131-% �G'� cClrJN S • TA21E Op CONNECTICUT ) ) SS. NEW HAVEN, July 2, 1970. COUNTY OF NEW HAVEN Before me, the undersigned authority, this dray ersonallyy appeared Joseph U. Labov, Custodian as aforesaid, Majo i L. Jacooj OuBettOgia1 as 4 aforesaid, and Ruth L.Grossman a wallas o�esa ,�to me well.lo7own and Down to me to be the individual S _ described in and who executed the foregoing instrument, and acknowledged before me that .they executed the same for the purposes therein expressed. Witness my hand and official seal the 2nd day of July, A. D. 19 70 Ply Commission expires: Notary Public in and All the County and State aforesaid. April 1, 1971. °TA if .9- ,,���, - DOCUMENTARY 0�n�+F c; °� S` FLO M A S U R TAX rr AUG26'7O j ea. i jj 1 3. 7 5 STATE OF FLORIDA ei : DOCUMENTAPU STAMP TAX 0 U U COMPTROLLER �- STATE OF FLORIDA U D= `830= rC�OMPTROLLER - _ r B•190147 f' P Recorded In Official Record.Book of COLLIER COUNTY,FLORIDA MAROARET T.SCOTT Clark of Circuit Cos; Exhibit "B" Page 1 of 3 Parcel 300 Section 03175-2401 300A Drainage Easement recorded on Official Records Book 365, Page 414, Public Records of Collier County, Florida; That part of the southeast quarter of Section 19, Township 48 South, Range 26 East, lying within the following metes and bounds description: Commence at the corner common to Sections 19, 20, 29 and 30, Township 48 South, Range 26 East; run thence South 02036'22" East 49.97 feet to the survey baseline of County Road 846 [(Immokalee Road) per section 03175-000 FPID 4063133] ; thence along said survey baseline South 89°34'24" West 966.37 feet; thence North 00°25'36" West 149.64 feet to the POINT OF BEGINNING; thence North 48°49'53" West 279.67 feet; thence North 12°09'32" West 675.77 feet to the beginning of a curve concave to the Northeasterly having a radius of 2650.79 feet; thence Northerly along said curve 487.88 feet through a Central Angle of 10°32'43" to the end of said curve; thence North 01°37'26" West 445.13 feet; thence South 89°31'18" West 120.03 feet to the east existing Limited Access right of way line of State Road 93 [(Interstate-75) per section 03175-000 FPID 4063133] ; thence along said easterly existing Limited Access right of way line the following four (4) courses: 1) South 01°37'26" East 447.53 feet to the beginning of a curve concave to the Northeasterly having a radius of 2770.79 feet; 2) Southerly along said curve 509.49 feet through a Central Angle of 10°32'08" to the end of said curve; 3) South 12°09'37" East 675.77 feet to the beginning of a curve concave to the Northeasterly having a radius of 335.17 feet; 4) thence Southeasterly along said curve 184.58 feet through a Central Angle of 31°33'13" to the end of said curve and the end of said courses; thence South 89°34'24" East 242.47 feet to the Point of Beginning. Containing 5.257 acres, more or less. ALSO: 300B Drainage Easement recorded on Official Records Book 365, Page 414, Public Records of Collier County, Florida; That part of the southeast quarter of Section 19, Township 48 South, Range 26 East, lying within the following metes and bounds description: Commence at the corner common to Sections 19, 20, 29 and 30, Township 48 South, Range 26 East; thence South 02°36'22" East 49.97 feet to the survey baseline of County Road 846 [(Immokalee Road) per section 03175-000 FPID 4063133] , thence along said survey baseline South 89°34'24" West 2366.37 feet; thence North 00°25'36" West 150.00 feet to the POINT OF BEGINNING; EXHIBIT "B" Pagel of 3 Exhibit "B" Page 2 of 3 thence North 89034'24" East 231.99 feet to the west existing Limited Access right of way line of said State Road 93 and the beginning of a non tangent curve concave to the Northwesterly having a radius of 349.73 feet and the west existing Limited Access right of way line of said State road 93; thence along said west existing Limited Access right of way line the following five (5) courses: 1) thence Easterly and Northerly along said curve 177.36 feet through a Central Angle 29°03'22" and chord bearing of North 27°33'11" East to the end of said curve, 2) thence North 13°01'40" East 502.51 feet to the beginning of a curve concave to the Westerly having a radius of 2770.79 feet, 3) thence Northerly along said curve 459.71 feet through a Central Angle of 09°30'22" to the end of said curve, 4) thence North 03°31'20" East 518.74 feet, 5) thence North 00°28'42" West 160.50 feet to the end of said courses, thence South 89°31'18" West 109.07 feet, thence South 03031'17" West 671.24 feet to the beginning of a curve concave to the Westerly having a radius of 2650.79 feet, thence Southerly along said curve 439.80 feet through a Central Angle of 09°30'22" to the end of said curve, thence South 13°01'44" West 502.51 feet, thence South 46°47'l6" West 269.23 feet to the Point of Beginning. Containing 5.214 acres, more or less. Also 300C BEGIN at a point on the east existing Limited Access right of way line of said State Road 93 located South O1°37'26" East 29.70 feet from the northwest corner of Parcel 300 A; thence along the said easterly existing Limited Access right of way line South 01°37'26" East a distance of 168.04 feet; thence North 57°13'22" West a distance of 105.24 feet; thence North 89°59'08" West a distance of 163.73 feet; thence South 59°15'07" West a distance of 101.04 feet to the westerly existing Limited Access right of way line of said State Road 93; thence along said westerly existing Limited Access right of way line North 03°31'20" East a distance of 29.06 feet; thence continue along said westerly existing Limited Access right of way line North 00°28'42" West a distance of 130.83 feet; thence North 89°31'1B" East a distance of 333.61 feet to the POINT OF BEGINNING. 41,336 square feet, more or less. Legal DescriOon Approved by: Michael D. NcLeari: PBM # 6658 Date: /0-/ '-20/9 NOT VALID UNLESS EMBOSSED EXHIBIT "B" Page2 of 3 SECTION 19 , TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY EXHIBIT "B" ©CURVE DATA mzil - • I i 1�9.1141 1 �an• rsa s sRratEarn ►►ra !, 16 _ nL.E. -1.'1 auNisEI`nallImiliSsW wrl 50 Tt64 Ii 1 09 0' a$hT•.3'r. 5 :-135?r._ 1"-"" I I �3 a ay I SE 1 /4 j «9 RO M0'=i:oir' I F: Y2t 1 �14-�=rT "eh A q4. 1 SE I /4 0 100 200 1 1,4, co , 'aa!.. . _— Iti R/9.59.Oa7= 11 I.. 163.73' w ) Scale: " = 200' i" f o - N I 1 7. M o."+.-. GW I _ E a5E I " ( 308 R A 1 I HA 7. 1 I ' tan I 1 L/1J W N Z I -- t 1— u Es co;,to I I =to� 1 ( in 1 1 �( 3B0 _ e 11 ( 1 I ( vs 3 wi SE I /4 _ 41 r.ir ' 1 \ ,r SE I /4 a 1 ^ te s b7 3 . t- . ,t4•. N. .'.s.ff' 4 r-k s$N$ _. .8 P.R ro..w it� SECTION 19 s 69134•01•R STA.R3t•ro.a1 ~�—>C'•.— R 25 SECTION 30 II 5 4 ^ i0 Ar \ N B9.34'24" E 1400.00' SURVEY BASE LINE -s 36/.n•s.'1.- a 77 C.R. 846 (IMMOKALEE RD.) C.R. 846 (IMMOKALEE RO.I (UNDER) IUNDERI — FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH — NOT A SURVEY STATE ROAD NO. S.R.93 (I-75) COLLIER COUNTY • — __.. MIVAII6D r: OATA SOURCE: __ r as ----- - -- FLORIDA DEPARTMENT OF TRANSPORTATION 03/73400 FM a0►3133 REID OF WAY IMP _ DRAWN 1M 104-111 F.P. NO. N/A SECTION 03175-2401 SHEET 3 OF 3 07401011 r OA9! OIECKED NON f0•Lls EXHIBIT•B• F'DOT Florida Department of Transportation RON DESANTIS 801 North Broadway Avenue KEVIN J.THIBAULT,P.E. GOVERNOR Bartow,FL 33830 SECRETARY DELEGATION OF AUTHORITY I, L.K. Nandam, P.E., District One Secretary of the Florida Department of Transportation, do this date, hereby delegate to Sharon L. Harris, District Maintenance Administrator, the authority to sign her name, on my behalf("for District Secretary or Designee"), for all zero cost District Maintenance Agreements. This delegation supersedes prior delegations and shall remain in full force and effect until such time as it is revoked or superseded in writing by me or my successors. L.K. Nandam, P.E. District Secretary ATTEST: 'i a ( c..l / / \I tr y DATE: �l///2D2-� Executive Secr tary Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov