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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) Packet Pg. 445 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 Packet Pg. 446 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. [22-EIS-04653/1716402/1] 010-9313-0191/1/AMERICAS Page 1 of 2 Packet Pg. 447 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 [22-EIS-04653/1716402/1] 010-9313-0191/1/AMERICAS Page 2 of 2 Packet Pg. 448 16.C.1.a Exhibit "A" CO le CD N W U H w O C O r R C E L cd C L :i Q [22-EIS-04653/1716402/1] 010-9313-0191/1/AMERICAS Page 1 of 2 Exhibit "A" Packet Pg. 449 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 1 Hf N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 `� 1487`3.5'04'E 100.16 F,P.dcL. F2/W EASEMENT N 1/2 OF T1iE N 112 OF 0) in i 70' THL N 1/2 OF THE SIN v -- -- 1 /4 OF THE SW 1/4 ;+1 0 FOLIO NO.: to cv tin �RjCP [7 15, 0041680ODol a'.I 'f LT ty EASFut rvT O S87'35'26'W P P. CORNER OF 40.06' tEt N 1/2 OF THE r PROPOSED N 1/2 OF III[ F.P &L-FLOR;OA POWER d� LICttT CO. R/W - RIGHT-OF-WAY �+ op PRDOUC710N N 1/2 Or THF- G SW 1/4 OF THE P.O.B.-PCWT OF BEGINNING P.O.C.-POINT 0QO UTILITY EASEMENT SW 1/4 —. OF COMMENCEUENT N V) P.O.B. 210.34' S87 35'26'W I I $87-35'26'W SOUTH UNE OF THE N 1/2 OF THE I+1 1/2 OF THE N 1/2 OF THIC SW 1/4 OF THE SW 1/4 ' ;r ULMellmLi 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 [22-EIS-04653/1716402/1] 010-9313-0191 / l /AMERICAS Page 2 of 2 Exhibit "A" Packet Pg. 450 _ •.�::" .'fin `�.}'���a �,* �• mw i 1