Agenda 11/09/2021 Item #16B 1 (Resolution - Execution of Declaration of Right-of-Way Easement)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a resolution and a Declaration of Right of Way Easement for three
County owned lots (1, 2, and 3) located on Bayshore Dr. and Thomasson Drive to correct a 25 feet
right of way discrepancy. The total cost for this transaction will not to exceed the cost of $40.00.
OBJECTIVE: That the Board adopts, approve, and authorize its Chairman to sign the attached
Resolution and Declaration of Right of Way Easement for three lots to correct the right of way.
CONSIDERATIONS: During the process of obtaining a survey for the demolition of the former Del’s
store, a right of way discrepancy was discovered by the surveyor hired to provide an ALTA survey.
The following information was discovered. There are various pieces of conflicting information regarding
the location of the portion of the east right of way line of Bayshore Drive (previously Kelly Road) that
lies along the west line of the parcels that were surveyed. The discrepancy is related to another survey
from the FDOT right of way map of this area. The right of way map shows the additional 25 feet of right
of way.
After a thorough review of the documents and several meetings with staff and surveyors, it was
determined that the discrepancy information was not included in the title work that was provided at the
time of the closing for Del’s Corner, and that ultimately the additional 25 feet is necessary to correct the
discrepancy.
The Declaration of Right of Way Easement will correct the 25 feet of right of way discrepa ncy. Without
it, the ALTA survey cannot be completed, and demolition of the store cannot be performed. The
Resolution and Declaration are needed to document existing right of way. Lots 1,2 and 3 are County
owned. Accordingly, no private property interests are affected by approval of this item.
The Declaration of Right of Way Easement has been reviewed and approved by the County Attorney’s
Office. The location map is attached for reference.
FISCAL IMPACT: The cost to record the Declaration of Right of Way Easement should not exceed
$40.00. The source of funding is Bayshore CRA Capital Fund 787, Project 50206.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
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:
1. Approve the attached Resolution and Declaration of Right of Way Easement once it is
received and approved by the County Attorney’s Office;
2. Authorize the Chairman to execute the Resolution and Declaration of Right of Way Easement
and any and all other County Attorney’s Office approved documents related to this matter;
and
3. Direct the County Manager or his designee to proceed to record Declaration of Right of Way
Easement in the Public records of Collier County, Florida.
16.B.1
Packet Pg. 521
11/09/2021
Prepared By: Sonja Stephenson, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Resolution (PDF)
2. Declaration of ROW Easement (PDF)
16.B.1
Packet Pg. 522
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 20443
Item Summary: Recommendation to approve a resolution and a Declaration of Right of Way
Easement for three County owned lots (1, 2, and 3) located on Bayshore Dr. and Thomasson Drive to
correct a 25 feet right of way discrepancy. The total cost for this transaction will not to exceed the cost of
$40.00.
Meeting Date: 11/09/2021
Prepared by:
Title: – County Manager's Office
Name: Debrah Forester
10/20/2021 4:44 PM
Submitted by:
Title: – County Manager's Office
Name: Debrah Forester
10/20/2021 4:44 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/21/2021 8:47 AM
Facilities Management Toni Mott Additional Reviewer Completed 10/22/2021 9:04 AM
County Manager's Office Debrah Forester Director - CRAs Completed 10/22/2021 9:44 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/26/2021 7:34 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/29/2021 2:46 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/29/2021 2:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/29/2021 3:27 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/29/2021 3:50 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/02/2021 9:39 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/02/2021 10:55 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.B.1
Packet Pg. 523
RESOLUTION NO.2O21-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING THE E)GCUTION OF THE DECLARATION
OF RIGHT OF WAY EASEMENT.
WHEREAS, Collier County acquired three lots by Warranty Deed dated November 20, 2020 from
Theresa Ackerman and recorded in the Public Records of Collier County in O.R. Book 5848, Page 493, for
future public use for the Bayshore/Gateway Triangle CRA (BGTCRA); and
WHEREAS, the described Declaration of Right of Way Easement is a necessary element to correct the
25' feet discrepancy of Right of Way discovered during the process of obtaining an ALTA survey for the
demolition of the Del's Comer.
NOW, TTIEREFORE, BE IT RESOLVED BY TTIE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA thAt:
2. The authorization ofthe Chair to execute the Declaration ofRight of Way Easement.
This Resolution adopted this _ day ofNovember, 2021, after motion, second, and majority vote.
ATTEST:
CRYSTAL K. KINZEL, Clerk of the Circuit Court
and Comptroller
BY:
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio. Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COIT.ITY, FLORIDA
By
r)
0\
\o\
l. The Board of Counff Commissioners does hereby authorize the Chairman of the Board of County
Commissioners to execute Declaration of Right of Way Easement described in exhibit "A".
The Declaration of Right of Way Easement have been previously reviewed and approved by Real Property
Management and the County Attomey's Office.
Penny Taylor, Chair
16.B.1.a
Packet Pg. 524 Attachment: Resolution (20443 : Del's Corner ROW Easement)
DECLARATION OF RIGHT OF WAY EASEMENT
THIS DECLARATION is made this day of _, 2021, by
coLLlER couNTY, a political subdivision oithEEiite bf Floridalts successors and
gssigls, whose mailing address is 3335 East ramiami rrail, ste 101, Naples, Florida
34112-2309, hereinafter referred to as "Declarant.,'
Declarant is the owner of certain real property situated in collier county, Florida,
more fully described below, hereinafter referred to as the "property."
See attached Exhibit "A" which is
incorporated herein by reference.
Declarant hereby declares that the Property is, and shall continue to be held and
used in accordance with, and subject to a non-exclusive easement and privilege for a25
feet Right of way to construct and maintain a roundabout on the propefi aJcontained
in this Declaration and described in Exhibit "A," attached hereto and made a part hereof,
hereinafter referred to as the "Right of Way Easement."
Project: Del's Corner
Folio No(s): 52600080009
52600120008
The Right of Way Easement, as set forth in this Declaration, shall bind, and the
benefits thereof shall inure to Declarant and its representatives, agents, successors and
assigns.
lN WTNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
ATTEST:
CRYSTAL K. KINZEL, Clerk of
The Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNry, FLORIDA
BY:
Penny Taylor, Chair
,o,trol I o P.
16.B.1.b
Packet Pg. 525 Attachment: Declaration of ROW Easement (20443 : Del's Corner ROW Easement)
E.F. 6aines SurveyinB Services, lnc.
5245 Ramsey Way, Suite 2
Fort Myers, Flo rida 33907
(P) 2 39-418-0126: (W) EFGaines.com
LEGAL DESCRIPTION
Proposed Roadway Parcel for Bayshore Driye
PaIt ofLots l, 2 and 3, Jonesville (plat Book 4, page 4l)
Located in Section 23, Township 50 Sourh, Range 25 East, Collier County, Florida
All that part of Lots 1,2 and 3, Jonesville, according to the plat rhereofas recorded in plar Book 4, page 41, public
Records ofCollier Counry, Florida being more panicularly described as follows: -
COMMENCING at tle northeast corner of Lot 4, Jonesville, according to the plat thereof as recorded in plat Book
4, Page 41, Public Records ofCollier County, Florida;
thence along the north line of said Lot 4 and the north line of Lor 3 of said Jonesville, S.89.46'25-W. for 267 .25
feet to a point of cusp and the POINT OF BEGINNING of the parcel herein described;
thence leaving said nonh line of Lot 3, southwesterly 39.48 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 25.00 feet, through a central angle of90029'10" and being subtended
byachordwhichbears5.44'31'50"W.for35.51 feet to a line which lies 25 feet easterly of, as measured at righr
angleto, and parallel with the west line ofsaid Lot 3:
thence along said parallel line, also being parallel with the west line ofLors I and 2 ofsaid Jonesville, S.0.42'45"E.
for 249.'15 feet to the south line of said Lot l;
thence along said south Iine of Lor t s.89'44'29"w. for 25.00 feet to rhe so[hwesr comer of said Lot I ;
thence along the west line ofsaid Lots 1, 2 and 3 also being the east right-of-way line ofBayshore Drive (55' wide)
N.0o42'45"W. for274.98 feet ro the northwest comer of said Lot 3;
thence along the north line of said Lot 3, N.89'46'25'E. for 50.2 ] feet to the Point of Beginning of the Parcel
herein described;
Containing 701 I +/- square feet;
Bearings are based on the east right-of-way line of Bayshore Drive being N.0"42'45"W.
Prepared by:
E.F. Gaines Surveying Services, Inc.
Florida License No. LB7l65
Elizabeth F. Gaines, PSM Oigitally signed by Ellzabeth F. Galnes, PSM
Date: 202 1.10.04 1 3:35;03 -04'00'
Elizabeth F. Gaines, PSM
Florida License No. LS4576
Not valid without the signature ald raised seal or Adobe electronic signature of the signing surveyor shown above
Reference; 0850-003 (sketch)
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16.B.1.b
Packet Pg. 526 Attachment: Declaration of ROW Easement (20443 : Del's Corner ROW Easement)
NORTH LINE OF SECTION 2J.
TOWNSHIP 50 SOUTH, RANGE 25 EAST
o THOMASSON DRIVE
60' R/w (PER P.B. 4, PG. 41)
N89'46',25"E
50.21's89'46',25"W 267,25'
POINT OF
BEGINNING POINT OF
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tri
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=
COMMENCEMENT
NE CORNER OF LOT 4
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LOT 3
RA0IUS=25.00'
ARC=39.48'
DELTA=90'29'10"
CH0RD=S44'31'50"w J5.51'
LOT 4
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LOT 2
PROPOSED
ROADWAY PARCEL
(70r1* souARE FEET)
ZJ
LOT I 6o lo 6o
s89'44'29"W
25.O0'( IN FEET )
1 inch = 80 ,L
P.B. = PLAT BOOK
LOT 25 N OTES:
1, DISTANCES SHOWI! HEREON ARE IN FEET AND
DECIMALS IHEREOF.
2, BEARINGS ARE BASED ON THE EAST LINE OF
BAYSHORE DRIVE BEING N,O'42'45"U
J. THE PROPERTY SHOWN HEREON IS SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF
RECORD.
-IqFsli
J.,$
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SKETCH OF LEGAL OESCRIPTION
FOR ROAD RIGHT-OF-WAY PURPOSES ALONG BAYSHORE DRi\€
lssr.re Dote: 10/4/2021
Checked: EFG
Drown: EFC
Field: N/A
Scoler 1"=60'
Project No.: 0850
CAD File: 0850-003
This is o sketch to occompony o legol descriplion . (see
ottoched) of o porcel of lond being port of Lots 1,2 ond
3, Jonesville (P.8. 4, PG. 41), Collier County, Florido.
E I iza b et h F. G a i n es, P S M B:lflf ,'l:;:3.'1,:l;X0,".'Lf;F""*'
*'
Elizobeth F. Goines, PSI\,,1
Florido License No. 1S4576
Not volrd rrtnout th. llgndtu.e trd rohed !.ol { Adob.
d.ct,ooic.rgnotu.€ of Eizob.h F. Gdn.!, PSll rhom obov.Sheet No.: I 0F 1
E.F. Gaincs
Surveying Scrvices, lnc
FL Li( cnrc No. 187165
5245 Ramrcy \yay, Surtc 2
Fort Mycrr, Flor,d, 1f907
Phonc:2f9-4la-O126
U/cb: EFGarncs.om
ci'o
I
neld Dote: N/A
16.B.1.b
Packet Pg. 527 Attachment: Declaration of ROW Easement (20443 : Del's Corner ROW Easement)