Agenda 05/10/2022 Item #16C 1 (Termination of TCE for Water Facilities )16.C.1
05/10/2022
EXECUTIVE SUMMARY
Recommendation to approve the termination and release of a temporary construction easement
acquired for the water facilities construction in the case entitled COLLIER COUNTY v.
AMERISITE LLC.
OBJECTIVE: To terminate a Temporary Construction Easements (TCE) that failed to provide an
explicit termination date. The public benefit is the elimination of a title encumbrance, which constitutes
an unnecessary cloud on title.
CONSIDERATIONS: The County acquired property by Order of Taking Parcel Nos. 810, 910, 711,
911, 812, 912, 813, and 913R on October 18, 2005, recorded on November 14, 2005, in Official Records
Book 3927, Page 3199, Public Records of Collier County, Florida. The property was acquired for the
construction, operation, and maintenance of raw water mains, pipelines and well sites required for the
Collier County Water -Sewer District's South County Regional Water Treatment Plant (SCRWTP)
Reverse Osmosis Expansion to 20 million gallon per day (MGD) Wellfield Project.
Generally, TCEs would explicitly denote the intended term and provide for a termination date in the
Order of Taking document or on the sketch and legal description. In this case, the Order of Taking
containing the TCEs was recorded without a termination date. This caused the TCEs to remain as an
encumbrance to the property, even though the construction was completed. The standard term for TCEs
in connection with this project was 36 months. County staff has confirmed that the TCEs are no longer
needed by the County.
To formally terminate the TCEs, the County needs to record a release of the TCE in the official records of
Collier County. A copy of the Termination and Release of Easement is attached. This situation does not
require a formal vacation process since the omission was on the part of the County and the TCEs were
intended to expire after completion of construction.
FISCAL IMPACT: The cost of recording the Termination and Release of Temporary Construction
Easements will be $35.50. The source of funding is the Water User Fee Fund (412). Funding is available
in, and is consistent with, the FY2022 Capital Budget approved by the Board of County Commissioners
on September 23, 2021.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. -DDP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the
ex-officio governing board of the Collier County Water -Sewer District, approves the termination and
release of the temporary construction easement and directs the County Manager, or his designee, to record
the Termination of Temporary Construction Easement in the official records of Collier County, Florida.
Prepared by: Cindy M. Erb, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Termination of TCE (PDF)
2. LOCATION MAP (PDF)
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16.C.1
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doe ID: 22048
Item Summary: Recommendation to approve the termination and release of a temporary
construction easement acquired for the water facilities construction in the case entitled COLLIER
COUNTY v. AMERISITE LLC.
Meeting Date: 05/10/2022
Prepared by:
Title: Property Acquisition Specialist, Senior — Facilities Management
Name: Cindy Erb
04/27/2022 10:11 AM
Submitted by:
Title: Director - Facilities Maangement — Facilities Management
Name: Ed Finn
04/27/2022 10:11 AM
Approved By:
Review:
Public Utilities Planning and Project Management Matthew McLean
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer
Facilities Management
Jennifer Belpedio
Manager - Real Property
Water
Howard Brogdon
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Facilities Management
Ed Finn
Director - Facilities
Public Utilities Department
Joseph Bellone
Level 2 Division Administrator Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Completed
04/27/2022 1:30 PM
Completed
04/27/2022 3:56 PM
Completed
04/28/2022 6:37 AM
Completed
05/02/2022 12:11 PM
Completed
05/02/2022 7:05 PM
Completed
05/02/2022 12:13 PM
Completed
05/02/2022 12:20 PM
Completed
05/02/2022 12:40 PM
Completed
05/02/2022 1:17 PM
Completed
05/03/2022 12:01 PM
Completed
05/03/2022 3:44 PM
05/10/2022 9:00 AM
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16.C.1.a
This Document Prepared
By and Return to:
Stacy H. Krumin, Esquire
Squire Patton Boggs (US) LLP
One Tampa City Center
201 N. Franklin Street, Suite 2100
Tampa, Florida 33602
Office: (813) 202-1300
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (the
"Termination") is made as of this day of , 2022, by COLLIER
COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water -Sewer District ("County").
WITNESSETH:
WHEREAS, on October 18, 2005, County acquired easements over certain property in
Collier County, Florida, pursuant to an Order of Taking, recorded November 4, 2005 in Official
Records Book 3927, Page 3199 of the Public Records of Collier County (the "Order");
WHEREAS, the Order contains several Access and Utility Easements and one (1)
Temporary Construction Easement Parcel 711 more particularly described on Exhibit "A"
attached hereto and made a part hereof (the "Easement") which Easement was created to provide
for land area necessary for the construction of the facilities within the Access and Utility
Easements; and
WHEREAS, the Easement Area is located on land owned by SD San Marino, LLC, a
Florida limited liability company ("Owner"); and
WHEREAS, the construction of the proposed facilities is complete; and
WHEREAS, the County desires to formally terminate the Easement and Owner desires
to evidence such abandonment and termination of the Easement; and
WHEREAS, County owns all right, title and interest in and to the Easement.
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the
County does hereby (a) cancel and terminate the Easement and all of its provisions; (b) remove
the Easement of record and deem it of no further force and effect; (c) declare that no portion of
the property set forth in the Easement shall from this day forward be burdened by or receive the
benefit of the Easement. All Access and Utility Easements set forth in the Order shall remain in
full force and effect.
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16.C.1.a
IN WITNESS WHEREOF, County has executed this Termination as of the date and
year first above written.
ATTEST:
CRYSTAL K. KINZEL, Clerk
I:
, Deputy Clerk
Approved as to form and sufficiency:
Derek D. Perry
Assistant County Attorney
COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
William L. McDaniel, Jr., Chairman
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16.C.1.a
Exhibit "A"
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16.C.1.a
S-WRTCH
AND DESCRIPTION OF A
TEMPOJURY
CONSTRUC770)V FA.SE ENT
FOR PRODUCTION WELL N0, 18
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 14, 7WP SO S.
NORTH LINE OF THE N 1/2 OF RGE 26 E, COWER COUNTY, FL01210A
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OF COMMENCEUENT
N V) P.O.B. 210.34'
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SOUTH UNE OF THE N 1/2 OF
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SOUTHW&ST Of A PARCEL OF LANp LYING IN TK NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF T1tE SOUTHWEST 1/4 Of SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY,
FLORIDA:
COWWENCING AT THE SOUTHEAST CORNER OF SAD NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE
W. A DISTANCE OF
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, THENCE RUN S87'35'26'210.34 FEE7 ALONG THE
SOUTH LINE OF S&D 14CRTH 1/2 OF THE NORTH 1/2 OF THE NOtTFi 1/2 OF THE SOUTHWEST 7/4 OF THE
SOUTHWEST t/4 TO THE N01l1T OF BEGIVNCliG: THENCE CONTINUE S87'35'26'W, A DISTANCE OF 60.10 FEET ALONG
SAID SOU111 UNE. THENCE RUN NDO'49'36%. A DISTANCE OF 167.52 FEET TO THE NORTH UNE Of SAID NORTH 1/2
OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF T1iE SOUTHWEST 1/4; THENCE RUN
N87-35'04-F- A DISTANCE OF 1D0.16 FEET ALONG SAID NORTH UNE; THENCE RUN 500'49'35'W, A DISTANCE OF
117.45 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POWER ANJ LIGHT COMPANY RICHT-OF-WAY
EAST YLFIT, A UNE THAT IS PARALLEL TO THE EAST UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE WORTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87'3S'?6'W, A DISTANCE OF 40.06 FEET
ALONG A UNE THAT IS PARALLEL TO SAID SCUTH LINE: THENCE RUN SOO'49'35-W, A CISTANCE OF 50.08 FEET
ALONG A LINE THAT IS PARALLEL TO SAID EAST LINE TO TH[ POINT OF BEGNNING.
CONTAtNNG 1#,750 SQUARE FEET OR 0.34 ACRM MORE OR LESS.
tiR.IE;
---- {��— THE PARCEL BEARING, DI57M4C£S, AND AREAS
JAM -S ^ W1IKISON `FOR THE FIRM LB6773) SECTION CALCULATIC ARE
BASIS ASED ON A OF &CAFONG FIELD
STATERPLANEf
PROFS OVAL SURVEI^ A AND MAPPER COORDINATE SY51E6A, FLlL EAST 1
FLORI CE7iSE N 7 ONFi '83/90.
THIS z �' AY OF ' 994. THISIS NOT -A, SURVEY
%EMEY C. COOKER ANDSUIASSOCIATES, INC.
NG
3900 COLONIAL BLVDD H S ITNEG 4, FWD ORT MYERS, FLORIDA 33872
PHONE' ANSEN. 77-0722ajENTFAX: (239)277-7179 EWATL' SUR4"NOCCOONER COM
PARC -: CrtEELEY AND kANSEN, LLC DRAWN BY: NW PAFt L UtZC 1PTIO1l: CHECKED BY: ,I.N.w.
. CONSTRUCTION EASE]IEN� No-18 DATE: 5/3/o4
Sw 1/4
4 OF SCALE: 1'-60' REV: 10/20/04
/ THE SW 1/4 OF SEC 14-50--26 PROJECT NO: 020901 DWG Na seC1.w-rcL{rc a, SHEFf: I OF 1
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Exhibit "A"
Packet Pg. 450
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