Agenda 10/26/2021 Item #16C 5 (LCEC Easement Caxambas Park Community Center)10/26/2021
16.C.5
EXECUTIVE SUMMARY
Recommendation to approve an Easement to Lee County Electric Cooperative (LCEC), Inc. for
installation of electric facilities to service the Caxambas Park Community Center on County -owned
property located on Marco Island.
OBJECTIVE: To provide electric service to the Caxambas Park Community Center (CPCC) on County -
owned property located in the city of Marco Island. This facility will house a new Community Center.
CONSIDERATIONS: On January 26, 2021 the Board of County Commissioners awarded an
Agreement pertaining to Invitation to Bid No. 20-7790, "Caxambas Pass Park Community Center," to
Fort Construction Group of Naples, Inc. Construction started in February 2021 and in June 2021 it was
confirmed by both Collier County Real Property and LCEC that at the area where the main power should
have been brought to the new building, there was not a recorded easement with LCEC. After meeting
with LCEC on site, it was determined that the future electric service to the building will need to come
from a pole located across the street from the project site. LCEC indicated they will need a 12' easement
where the conduit will be and for their transformer location.
In order for LCEC to provide electric service to the future CPCC, 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 that will capture the exact location of the electric facilities will be submitted to the
County Attorney's Office for review, approval, and recordation.
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 Caxambas Park Community Center on County -owned property
located on Marco Island and authorize the recording of the permanent Easement upon review and
approval of the County Attorney's Office.
Prepared by: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. LCEC - Easement (PDF)
2. Location Map (PDF)
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16.C.5
10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doe ID: 20257
Item Summary: Recommendation to approve an Easement to Lee County Electric Cooperative,
Inc (LCEC). for installation of electric facilities to service the Caxambas Park Community Center on
County -owned property located on Marco Island.
Meeting Date: 10/26/2021
Prepared by:
Title: Manager - Property Acquisition & Const M Facilities Management
Name: Toni Mott
10/04/2021 4:11 PM
Submitted by:
Title: Director - Facilities Maangement — Facilities Management
Name: Ed Finn
10/04/2021 4:11 PM
Approved By:
Review:
Facilities Management
Claudia Roncoroni
Additional Reviewer
Public Utilities Operations Support
Jennifer Morse
Additional Reviewer
Facilities Management
Tony Barone
Additional Reviewer
Facilities Management
Ed Finn
Director - Facilities
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Public Utilities Department
Joseph Bellone
Level 2 Division Administrator Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Growth Management Operations Support
Christopher Johnson
County Attorney's Office
Jeffrey A. Klatzkow
Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
10/04/2021 4:23 PM
Completed
10/06/2021 11:09 AM
Completed
10/08/2021 1:52 PM
Completed
10/08/2021 3:06 PM
Completed
10/08/2021 3:59 PM
Completed
10/11/2021 1:59 PM
Completed
10/11/2021 3:02 PM
Completed
10/12/2021 9:35 AM
Additional Reviewer Completed
Completed
10/13/2021 2:26 PM
Completed
10/18/2021 9:12 AM
10/26/2021 9:00 AM
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16.C.5.a
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918-3455
WR#:400393812; 400440360
Folio* 57850120002
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Collier County Board of County Commissioners, a a
political subdivision of the State of Florida, as Grantor, whose post office address is 3299 Tamiami Trail M
East, Suite 303, Naples, Florida 34112, in consideration of the sum of one dollar and other valuable E
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considerations, receipt of which is hereby acknowledged, does hereby grant to Lee County Electric x
Cooperative, Inc., a Florida not for profit corporation, as Grantee, whose post office address is Post f6
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Office Box 3455, North Fort Myers, Florida 33918, and to its successors and assigns (the term "assigns" w
meaning any person, firm, or corporation owning byway 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 aEi
perpetual easement for a right-of-way to be used for the con s€ruction, operation, and maintenance of one or
more overhead and underground electric distribution or transmission lines, including, but not limited to, wires, w
poles, cables, conduits, anchors, guys, and roads, trails, and equipment associated therewith, attachments w
and appurtenant equipment for fiber optic telecommunications and television purposes (all of the foregoing J
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: n
N
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SEE EXHIBIT "A" and EXHIBIT "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF c
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 orthe use thereof forthe 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 right-of-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, together with the right to mark
the location of any underground facilities by above -ground markers and other suitable markers, the right of
ingress and egress for Grantee, its contractors, agents, successors or assigns, over the adjacent lands of
the Grantor, for the purpose of exercising and enjoying the rights granted by this easement and any or all of
the rights granted hereunder.
By the execution and delivery hereof, Grantor so expressly agrees that no portion of the right-of-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.
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16.C.5.a
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.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
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SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF=
Board of County Commissioners
Collier County, Florida
M
Attest:
Crystal Kinzel, Clerk of the Circuit Court
and Comptroller
Print:
Deputy Clerk
3299 Tamiami Trail East, 411 Floor
Naples, Florida 34112
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
Penny Taylor, Chair
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112-5746
Page 2 of 6
day of
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16.C.5.a
Exhibit A
Warranty Deed into Collier County
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16.C.5.a
Caam-,, CgLV , 3M 5. 'W. 'third Jverue
RECOADERanam= pm U141WL Fko*/6a 3i}29
COC � Tais 100caralts, made this �7 day of October. 1983.
A D.. between 1186 bBLMKA CORPORATION. a Delaware corporation.
.Ai#ully authorised to transact business in the state of Florida, C] o
of the eirst part, and COLLIER COUNTY, a political to 0
s ITIAlon of the State of Florida, whose sailing address is 7Qt CO
Cgiyfer;C unty Courthouse, Naples, Florida, 33942. the party of
N I T D* B S 2 7 6
That the"-#U of the first part, for aDd in consideration o
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of the sum �'S" Eli DOLLARS AVID OTHER GOOD AND VALUABLE ti C2
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CONSIDERATION,`, it in _hand paid by the said party of the second m
Part, the receipt. ereo is hereby acknowledged, has granted,
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bargained and eol� eid party of the second part. its
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successors and assigns �w the following described land
situate, lying and beiixjy a�Cvaaty of Collier and State of
..ff ti
Florida, to -wit:'' r`
THAT PART OF: !\,
k TRACT 'e OF MARCO BRACIt- TEN, according
to the plat thereof, 4 recur4pd.,in Plat Book
6, Pages 74 through 79 inclujgVo 6f the Public
Records of Collier County Plc dk and being
more particularly described.ass
BEGIN the Southwest corner of act "a"
for the POINT OF BBGINNING af' f el of
land hereinafter described; aW.-po*t'Velng
on the Easterly right-of-way linwO"Mr liar
Court, as shown on said plat of.ltrre0, ch
Unit Ten; run thence H17038'34"E aj onq. a d
Easterly right-of-way line for a st e,.
326.58 feed thence leaving said dster
right-of-way line, 572.21126"E for a',dist e
of 704.21 feet to a point on the $ rly
boundary of said Tract "B"; thence 512025'007If
along said Easterly boundary for a distance o
r 102.56 feet to the Southeast corner therso
thence run the following courses along th6
Southerly boundary of said Tract 18", West fUD".. -':ti
a distance of 269.00 feetp than S65122'17"N
for a distance of 212.44 feed thence
N72.21125"w for a distance of 300.00 feet to
the Point of Beginning.
Containing 4.00 acres, more or less. n`
This deed is executed subject to the following terms and '
conditions.
1. Ad valorem taxes and all assessments, if any, for the
year of 1983.
2. Existing zoning and all easements, restrictions and
reservations of record.
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16.C.5.a
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3_ It is a condition of this conveyance that the property
herein described be used only as a boat launching area
to provide public access to adjacent navigable waters. q v
In the event the party of the second, it successors of = c�
assigns fail to use the property herein described a ra< o
boat launching area, then in that event, the party of F
the first part may at anytime during the next twenty sib
' (701 years, re -Enter and retake the property herein
` described _
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d the said party of the first part, does hereby fully
r at • a title to said land, and will defend the sane against
not claists of all persons whomsoever,
ky 'N SSS VggREoF, the said party of the first part has
ca eaile' [went* to be signed in its name by its authorized
of nerd a corporate seal to be affixed the and year above
written
Signed, sealed a a lVered In THE D81
the presence -=of!
By
FRAWK
Pres idi
r �
41` iR/ ol"` 1*TTEST s
FLORIDA
O STATE OF F L R } v
COUNTY OF DADE }
Corporate Secretary
I HEREBY CERTIFY, that o' thin' day of October, 1983
before me personally appeared RLB. III and MICHELLE
R. GARBIS, President and Corpor Sepry respectively, of THE
DELTONA CORPORATION, a corporation 41{g laws of the State fo
Delaware, authorized to traneaF
s in the State of
Florida, to me known to be the pe .signed the foregoing
instrument as such officers had ift� ed the execution
thereof to be their free acts and deeds s officers for the
uses and purposes therein mentioned and.,.th the* affixed thereto
the official seal of said corporation, that "aid instrument
is the act and deed of said corporation.
WITNESS my hand and official seal at M a i in 1 e County gf
Dade and State of Florida, the day and year t�oie aid.
if
my Commission Expires:
NOTA[Y PUILIC STATE OF FLORMA AT LA'"
MY ColAWSSION fXr11B AI1G IS 7984
1C,,,M0 IKkU G•rA:L 1A . tR4Q t\YR11W
�YV& A4 ,
Florida, at
Received $
Documentary Stamp lox
Collier County, Florida
William J. Reagan, Clerk
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16.C.5.a
Exhibit B
Page 5 of 6
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16.C.5.a
Description of Blanket Easement Parcel
That Part of Tract "B" of Marco Beach Unit Ten, according to the plat thereof, as recorded in Plat Book 6,
Pages 74 through 79, inclusive of the Public Records of Collier County, Florida and being more
particularly described as follows;
BEGIN the Southwest corner of said Tract "B" for the POINT OF BEGINNING of the parcel of land
hereinafter described; said point being on the Easterly right —of-way line of Collier Court, as shown on
said plat of Marco Beach Unit Ten; run thence N 17038'34" E along said Easterly right-of-way line for a
distance of 326.58 feet; thence leaving said Easterly right-of-way line, S 72°21'26" E for a distance of
704.21 feet to a point on the Easterly boundary of said Tract "B"; thence S 12°25'00" W along said
Easterly boundary for a distance of 102.58 feet to the Southeast corner thereof; thence run the following
courses along the Southerly boundary of said Tract "B", West for a distance of 269.00 feet; thence S
65'22'17" W for a distance of 212.44 feet; thence N 72°21'25" W for a distance of 300.00 feet to the
Point of Beginning.
Containing 4.00 acres, more or less
Page 5 of b
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16.C.5.b
Location Map
Caxambas Park Community Center
909 Collier Court
Folio 57850120002
:ally Caunly
Packet Pg. 993