The URL can be used to link to this page

Agenda 09/28/2021 Item #16C 2 (Terminate Utility Easement - JDA Courthouse Shadows, LLC)09/28/2021 EXECUTIVE SUMMARY Recommendation to approve the documents necessary to terminate a portion of an existing Collier County Utility Easement to JDA Courthouse Shadows, LLC, a South Carolina limited liability company, associated with the development at Courthouse Shadows. OBJECTIVE: To terminate the utility easement which had previously been conveyed for sanitary sewer utility facilities to the County. CONSIDERATIONS: On September 22, 1987, Agenda Item 14D4, the Collier County Board of County Commissioners (Board) accepted the sewer facilities to serve Courthouse Shadows. The Utility Facility Warranty Deed, Bill of Sale and Easement, were recorded on September 23, 1987, in Official Records Book 1297, Page 1156, which conveyed sanitary sewer utility facilities located within Courthouse Shadows to the Board of County Commissioners of Collier County, Florida, as the Governing Board of the Collier County Water-Sewer District (County). These conveyance documents were recorded after preliminary acceptance of the utility facilities for the project, in accordance with the Utility Facility Standards and Procedures Ordinance No. 2004-31. The purpose of the attached Termination of Easement is to reconvey back to the current property owner, to JDA Courthouse Shadows, LLC, a South Carolina limited liability company (JDA), the County’s interest in any sanitary sewer utility facilities that may exist within the subject property so JDA can develop their property and relocate the existing sewer utility facilities. Final acceptance of utilities for PL20200000554 Courthouse Shadows Utility Relocation (SDPA) is prerequisite to termination of this easement because the Dunkin Donuts at 3440 TAMIAMI TRL E is served by the existing sewer running through this easement but will be connected to the new sewer constructed along the reverse frontage road under this permit. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - JAB RECOMMENDATION: To approve and authorize the Chairman to sign the Termination of Easement between County and JDA in order to reconvey to JDA, the County’s interest in any sanitary sewer utility facilities and utility easements associated with the development at the Courthouse Shadows project, which were previously conveyed to the County. Prepared by: Cindy M. Erb, Senior Property Acquisition Specialist, Division of Facilities Management ATTACHMENT(S) 1. Signed Bill of Sale 9-10-2021 (PDF) 2. Termination of Easement (PDF) 3. LOCATION MAP (PDF) 16.C.2 Packet Pg. 936 09/28/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 17767 Item Summary: Recommendation to approve the documents necessary to terminate a portion of an existing Collier County Utility Easement to JDA Courthouse Shadows, LLC, a South Carolina limited liability company, associated with the development at Courthouse Shadows. Meeting Date: 09/28/2021 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 08/20/2021 10:31 AM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 08/20/2021 10:31 AM Approved By: Review: Growth Management Development Review Marcus Berman Additional Reviewer Completed 08/23/2021 6:22 AM Wastewater Steve Messner Additional Reviewer Completed 08/25/2021 10:31 AM Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 09/09/2021 2:04 PM Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 09/09/2021 5:23 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 09/10/2021 3:30 PM Facilities Management Toni Mott Additional Reviewer Completed 09/13/2021 2:53 PM Facilities Management Ed Finn Additional Reviewer Completed 09/14/2021 7:14 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 09/15/2021 9:09 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/16/2021 8:09 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/16/2021 1:32 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2021 1:43 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/17/2021 8:24 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/17/2021 10:03 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/21/2021 11:36 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM 16.C.2 Packet Pg. 937 PROJECT: 2021 Courthouse Shadows Bill of Sale 1 BILL OF SALE OF SANITARY SEWER FACILITIES This Bill of Sale is executed this _________ day of _______________, 2021, on behalf of the BOARD OF COUNTY COMMISISIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (“Grantor”) to JDA COURTHOUSE SHADOWS, LLC, a South Carolina limited liability company, its successors and assigns, (“GRANTEE”). GRANTOR, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration from GRANTEE to GRANTOR, receipt of which is hereby acknowledged, GRANTOR herby CONVEYS to GRANTEE, its successors and assigns forever, ownership in and to any and all pipe, fittings, and any other infrastructure or improvements appurtenant thereto or thereunder, associated therewith and/or connected thereto, for GRANTEE’S operation, replacement, repairs, maintenance, and/or relocation, lying and being in Collier County, Florida, as follows: (Exhibit “A” and Exhibit “B” attached hereto is a sketch or other graphic representation that depicts the physical location of items being conveyed by this Bill of Sale.) At this time, only the easement described in Exhibit “A” is being vacated, but upon the recordation of the new gravity sewer, the easement described in Exhibit “B” shall automatically be terminated. GRANTEE shall be liable for continuing sewer service to all existing customers currently being served until the new gravity sewer is accepted and placed in service. IN WITNESS WHEREOF, Grantor has caused this Bill of Sale to be executed the date and year first above written as authorized by the Board of County Commissioners as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AS AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER __________________________ DISTRICT ,Deputy Clerk BY: ____________________________ PENNY TAYLOR, Chair Approved as to form and legality: _____________________________________ Jennifer A. Belpedio, Assistant County Attorney 16.C.2.a Packet Pg. 938 Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) 16.C.2.aPacket Pg. 939Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) EXh"= 仏 PttrC ほ TFEDヽ 18-445軍瀬罷遇椰鳥響「 ln_d_Fと “中腱嚇“N。3■2腸:拙 К鶴翻闊耀齢 1 0F 2 16.C.2.aPacket Pg. 940Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) Jヨ臼10-―」と一J__2L――――――――――――:量い|::言言:′ヽN、￢ヘカ0≧￢ド9しつ会 ■ ≧聟匈い■こ8“ヾ30“∝ヾ80い■ヾげ総ヽビヾdい ξ “0““ ヽヨ首国・ミ゛驀選dN 嘴 ‐ :: |ミご ∬ 目 ● ミト:32 1日向8■Ov 8胃 ― ∽0百詳日言ョ :ilヴ|ζミ瀞l ´/:゛:/8 ミ:::ぐこ33号 /6 16.C.2.aPacket Pg. 941Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) 16.C.2.aPacket Pg. 942Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) _闘 Ⅲ開「」聖'詢"-2 g―y―(gg tcva 'r xoo? lnd)NAtStN1SnS TV)1SV1 “昌∞里カ≧0Cl : 早電ざー 16.C.2.aPacket Pg. 943Attachment: Signed Bill of Sale 9-10-2021 (17767 : Courthouse Shadows - Sewer Utilities) pRO」ECT:2021 Courtい。use Shadows TERMINAT:ON OF EASEMENT WHEREAS,the BOARD OF COUNTY COMM:SS10NERS OF COLLIER COUNTY, FLOR:DA,AS THE GOVERNING 80DY OF COLL!ER COUNTY,AND AS THE EX‐OFF:C:0GOVERN!NG BOARD OF THE COLLiER COUNTY WATER‐SEWER D:STR:CT.ぐ 'Easement Holder)is the Owner of record ofthat certain Ut∥ty Faci∥ty Warranty Deed,(・ EasemenぜりdatedSeptember ll, 1987, and recorded on September 23, 1987 in Of「cial Records Book 1297, Page l165,ofthe Pub∥c Records of Co∥ier County,Florida WHEREAS,JDA COURTHOUSE SHADOWS,LLC,a South Caro∥na limited:iability company,("Grantorl)is the Owner of record of the property descrbed in the Easement as Exhib忙 "A∥and Exhlb"・ B'as attached: WHEREAS,the Grantor acqulred the Easements which had previously been granted to Easement Holder for purposes of conveyance of utility facllitiesi WHEREASi the Crantor wishes to terminate the Easement described in Exhibl・ A"at this tlmei and WHEREAS,the Grantor vvishes to termlnate the Easement descHbed in Exhibl・ B"and upon the recordation ofthe new gravity sewer easement,the Easement described in Exhibit・ B' sha∥automat ca∥y be terminated WHEREAS, the Easement Holder and Crantor are agreeable to terrninating the Easement NOVV,THEREFORE,in consideration of TEN DOLLARS(S1000)and Other valuable consideratlon, receipt of which is hereby acknowledged, the Easement Holder does hereby re∥nquish,abandon,and terminate its interestin the Easement and releases the Easement lN VVITNESS WHEREOF, the Easement Holder has caused these presents to be executed the date and yearfi「st above written DATED: A7‐「ESTI CRYSTAL K KINZEL,Cierk , Deputy Clerk Approved as lo torm and lggalityl BOARD OF COUNTY COMMISS10NERS COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX‐OFFIC10 THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRiCT BY: PENNY TAYLOR,Chair 」onnferA B●lpedio A●●lstent Counly Atto「ney 12■RPRЮ 3432′165'854′l] ギ的 16.C.2.b Packet Pg. 944 Attachment: Termination of Easement (17767 : Courthouse Shadows - Sewer Utilities) EX∥肝｀n・町一ニ 16.C.2.bPacket Pg. 945Attachment: Termination of Easement (17767 : Courthouse Shadows - Sewer Utilities) Jヨロ |● 2_d__2-―――――――――――:;ヽ|需需l ミ:言言:ヽ呈￢ゞい8 ヽら言,P撃0■d8こ目でゝ8 けヾ8■ヾS曖8■■8ヽぎ8い : ミ゛尽トい｀ :: |ミご ρ 書 ● 蚕トミ ]冒 ∥日"8■Ov0">"IE 〇 ∽ 〇>■日 /8 ::::ζE言ぢ 16.C.2.bPacket Pg. 946Attachment: Termination of Easement (17767 : Courthouse Shadows - Sewer Utilities) 16.C.2.bPacket Pg. 947Attachment: Termination of Easement (17767 : Courthouse Shadows - Sewer Utilities) L」｀B昴‐2“22-7幽●g″囲ly●●gュソ■リ″αSWσ勧りSユア■Sθ 砂騨0 16.C.2.bPacket Pg. 948Attachment: Termination of Easement (17767 : Courthouse Shadows - Sewer Utilities) LOCATION MAP *Subject Property 16.C.2.c Packet Pg. 949 Attachment: LOCATION MAP (17767 : Courthouse Shadows - Sewer Utilities)