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Agenda 07/12/2022 Item #16A 8 (Terminate a perpetual non-exclusive Boat Ramp Access & Maintenance Easement for maintenance of SR-29 Canal)07/12/2022 EXECUTIVE SUMMARY Recommendation to terminate a perpetual non-exclusive Boat Ramp Access and Maintenance Easement granted to Collier County for maintenance of the SR-29 Canal. Estimated Fiscal Impact: $18.50. Source of funding is Storm Water Fund 103 Cost Center 172929. OBJECTIVE: To terminate a perpetual non-exclusive Boat Ramp, Access and Maintenance Easement (Parcel 102AME) that is no longer needed for maintenance of the SR-29 Canal (also known as the Barron Canal). CONSIDERATIONS: On June 22, 2021 (Item No. 16Al2), the Board of County Commissioners ("Board") approved the acquisition of Parcel 102AME, a perpetual non-exclusive Boat Ramp, Access and Maintenance Easement needed for the construction of two boat ramps to facilitate the County's scheduled maintenance of the SR-29 Canal. Parcel 102AME was subsequently acquired by donation at a cost of $422, being the costs of title work and recording fees, and the easement instrument was recorded on July 9, 2021, in Official Records Book 5978, Page 3665 of the public records of Collier County. A copy of the recorded easement is attached. The proposed boat ramps were never constructed, in part due to wetland impacts. Staff has re-evaluated the need for boat ramps and has determined a right -of -entry in a proximate location is adequate for the maintenance activities. The owner has provided the right -of -entry for the maintenance activities. Therefore, Parcel 102AME is no longer required to complete the area maintenance efforts. The right of entry is more economical, does not require disturbing a wetland area and allows vegetation removal mechanically from the bank. Paragraph five of the Easement states the following: "In the event that the easement is no longer needed for purposes of accessing and maintaining the Barron Canal, then the easement shall terminate, and all rights granted hereunder shall revert to Owner." The property owner, Sunniland Family Limited Partnership, LLC, has requested termination of the easement and staff s recommendation is to terminate this easement consistent with paragraph five of the easement instrument. FISCAL IMPACT: Recording fees are estimated not to exceed $18.50. Funds are available in Storm Water Fund 103 Cost Center 172929. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to fortu and legality and requires a majority vote for Board approval. --DDP RECOMMENDATION: That the Board approve the termination of the perpetual non-exclusive Boat Ramp, Access and Maintenance Easement recorded in Official Records Book 5978, Page 3665 and authorize the County Manager, or his designee to record the tennination in the public records of Collier County, Florida in a form approved by the office of the County Attorney. I Packet Pg. 653 07/12/2022 Prepared By: Vivian Rodriguez, Property Acquisition Specialist, Right -of -Way Acquisition, Transportation Engineering Division. ATTACHMENT(S) 1. Location Map (PDF) 2. Termination of Easement (PDF) 3. Boat Ramp, Access and Maintenance Easement (OR 5978, PG 3665) (PDF) Packet Pg. 654 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doe ID: 22200 Item Summary: Recommendation to terminate a perpetual non-exclusive Boat Ramp Access and Maintenance Easement granted to Collier County for maintenance of the SR-29 Canal. Estimated Fiscal Impact: $18.50. Source of funding is Storm Water Fund 103 Cost Center 172929. Meeting Date: 07/12/2022 Prepared by: Title: — Facilities Management Name: Vivian Rodriguez 05/10/2022 8:24 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 05/10/2022 8:24 AM Approved By: Review: Growth Management Department Geoffrey Willig Growth Management Department Transportation Engineering Jay Ahmad Additional Reviewer Transportation Engineering Robert Bosch Additional Reviewer Road Maintenance Gerald Kurtz Additional Reviewer Growth Management Department Jeanne Marcella Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Growth Management Operations Support Tara Castillo Growth Management Department Gene Shue Additional Reviewer Growth Management Operations Support Yahaira Magee Growth Management Department Vivian Rodriguez Growth Management Growth Management Department Trinity Scott Transportation 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 Laura Wells Additional Reviewer Office of Management and Budget Laura Zautcke Additional Reviewer Skipped 06/08/2022 4:13 PM Completed 05/10/2022 8:36 AM Completed 05/10/2022 9:00 AM Completed 05/10/2022 9:18 AM Completed 05/12/2022 1:17 PM Additional Reviewer Completed Additional Reviewer Completed Completed 05/17/2022 5:53 PM Additional Reviewer Completed Skipped 05/09/2022 2:55 PM Completed 05/20/2022 2:56 PM Completed 05/24/2022 9:14 PM Completed 05/25/2022 9:09 AM Completed 05/25/2022 11:11 AM Completed 05/25/2022 2:37 PM Completed 05/26/2022 1:17 PM I Packet Pg. 655 1 07/12/2022 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 07/06/2022 4:05 PM 07/12/2022 9:00 AM I Packet Pg. 656 1 AERIAL — PARCEL 102AME Sunniland Family Limited Partnership Boat Ramp. Access and Maintenance Easement — Barron Canal 0 0 E I Packet Pg. 657 Prepared by and return to Cofl�er County Transl Engineering - ROW 2885 South Horseshoe Drive Naples, Florida 34104 [space above for recording data] PROJECT 77777 Road Malintenance PARCEL: 102AME F011­10� 00234520000 TERMINATION OF EASEMENT THIS TERMINATION OF EASEMENT is executed this _day of _, 2022, by and between SUNNILAND FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership, whose mailing address is P.O. Box 930, Immokalee, FIL 34143 (the "Partnership") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County attorney, Suite 800, Naples, Fill 34112 (the "County"). W I T N E S S E T H: WHEREAS, pursuant to that certain perpetual non-exclusive Boat Ramp, Access and Maintenance Easement dated January 4, 2021, recorded in Official Records Book 5978, Page 3665, Public Records of Collier County, Florida (the "Easement"), the Partnership granted to the County that certain easement for the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining access structures and facilities, including, but not limited to, canals, ditches, swales, earthen berms, rip -rap and retaining wall systems, fences, gates and boat ramps for government entities to maintain the Barron Canal, also known as the SR 29 Canal, adjacent to the easement area-, and WHEREAS, the Partnership and the Courty have mutually determined that the Easement should be terminated, and ali rights therein and thereby granted shall revert to the Partnership. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged by the undersigned, the Partnership and the County do hereby agree and confirm that the Easement is hereby terminated and is and shall be null and void and the County shall have no further rights or obligations as to the Easement. SIGNATURES APPEAR ON THE FOLLOWING PAGE I Packet Pg. 658 1 IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents the day and year first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: Deputy Clerk WILLIAM L. McDANIEL, Jr., Chairman AS TO OWNER: DATED:_ffb-�Ai 3. SUNNILAND FAMILY LIMITED PARTNERSHIP, C14 a Florida limited partnership, BY: SUNNILAND PARTNERS, LLC, Witness (Sidnature) a Florida limited liability company, i sgeneral partner Name (Print or Type BY-, C14 ALIESE P. PRIDDY, Manager/Mk�ber Wii ess SignaVir6) E M ,,4amq (Print or Type) 4- 0 r_ 0 ca r_ E Approved as to form and legality.- a) E Derek D Perry, Assistant County Attorney (,)X L' 2 I Packet Pg. 659 1 INSTR 6092427 OR 5978 PG 3665 RECORDED 7/9/2021 8:57 AM PAGEs 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 PROJECT: 77777 Road Maintenance PARCEL: 102AME FOLIO: 00234520000 BOAT RAMP, ACCESS AND MAINTENANCE i EASEMENT V%W� THIS BOAT 5PP, AC.QUS AND MAINTENANC�'"EASEMENT, made and entered. intoythlis, 4:�n day of QQ ar 2021, by SUNNILAND FAMILY LIMITP d artnership, whose mailing address is P.O. ,,"ART,NERSHIP, a Florida Limite Box 9io",, lmrfiokqlee, FL 34143 (hereinafter referred to as "Grantor"), to COLLIER COLINTYra potitic4l subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East cto the Office of the County Attorney, Suite 800, Naples, FL 34112, (hereinafter refeuddtda s "Grantee") (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee arbus9d for singular or plural, as the context requires.) W I T N E S S E T H. Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee "the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a perpetual, -e�i�arid: intenance Easement over, under, upon and non-exclusive Boat Ramp, Acc across the following described lar,4 located, in Collier County, Florida, to wit: See attached Exhibit "A" whic0"isIn6orporated herein by reference. Subject to easements, restrictiofis,'aind reservations of record. THIS IS NOT HOMEStEAPPROPERTY TO HAVE AND TO HOLD the same unto theoranfeetogether with the right to enter upon said land and to place andfor excavate matelialsfbr'�the purpose of constructing, I operating, and maintaining access structures and'441liti, 30ricluding but not limited to 0 z 11 systems, fences, gates 'r, , t_ canals, ditches, swales, earthen berms, rip -rap and ret in, and boat ramps for government entities to maintain th6,Banroh Canal, also known as the SR 29 Canal adjacent to the easement area. The 'eas nt granted herein shall constitute easements running with the land and shall burden thellands described above. In the event that the easement is no longer needed for purposetybf accessing and maintaining the Barron Canal, then the easement shall terminat"n"I[ 'rights granted hereunder shall revert to Owner. i IN WITNESS WHEREOF, the Grantor has caused these the day and year first above written. Witnies—s -(Signature) SUNNILAND FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, By: SUNNILAND PARTNERS, LLC, a Florida limited liability company, its I alt By: LIESE P. PRIDDY, Manager/Memb r THLOCONVEVANCE ACZ';;FT'F-0'11y TW WARD OF C0UWV'C4MM=I0NEft COLLIER COUNTY, FLOMPA. PURSUANT TOAG91410& 1(,A i.1, DATED: 6- 2) - 2a1JTEM iF to LO �12;1 6A, OR 5978 PG 3666 STATE OF FLQRID COUNTY OF LZI rt. c7r— The foregoing Boat Rip, Access and Maintenance Easement was acknowledged s of -1 online notarization this �f6h day of lb�me b) 'iean hysical presence or r ry Vor-4 � 'Z02j, y ALIESE P. PRIDDY, as Manager/Member of Sunniland Partners' F - limited liability company, as general partner of SUNNILAND I forida FAMILY LIMITED PAP.TNERSHIP, a Florida limited partnership, who: is personallyk1n, own to me OR produced FL bL as proof of identity. (affix notan"'al sea�,, -\,� (Sig?raTure of Notary Public) KRION DODICK—�" My COMMISSION # GG 932200�, ri (P nt Name of Notary Public) EXPIRES: November 14, 20� Z��.4 SwM TW Notary Pubk U Serial I Commission # (if any): f'-`My�,Commission Expires: Approved as to form and legality: <::�7 0 0 Jennifer A, Belpedio Assistant County Attorney to to LO '0�-' *** OR 5978 PIG 3667 *** SKETCH AND DESCRIPTION EXHIBIT "A" PROPOSED BOAT RAMPS PAGE I OF-1 A PORTION OF A PARCEL DESCRIBED IN O.R, BOOK 4969 PAGE 3112 AND BEING A PORTION OF EAST ONE HALF OF SECTION 29,TOWNSHIP 48 SOUTH, RANGE 30 EAST OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OR BOOK 4968 PAGE 3132 LESS THE RIGHT-OF-WAY OF STATE ROAD 29 IN THE EAST ONE HALF OF SECTION 29, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00*46'16" WEST ALONG SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL A DISTANCE OF 627 81 FEET TO THE POINTbF BEGINNING; THENCE CONTINUE ALONG WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL NORTH 00'46'16" WEST A DISTANCE OF 520 00 FEET, THENCE LEAVING SAID WEST LINE OF SAID PARCEL AND THE EASTERNIBANK OF THE EVERGLADES-IMMOKALEE CANAL NORTH 89"13'14" EAST A DISTANCE OF 150 00 FEET, THENCE SOUTH 00*46'16" EAST-A'DisTANCE OF 520 00 FEET; THENCE SOUTH 89*13'"" WEST A DISTANCE OF 150 00 FEET TO A POINT ON THE WEST LINE OF SAID PARCELANP THE EASTERN BANK OF THE EVERGLADES AMMOKALEE CANAL, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 1,80 ACRES MORE OR LESS N MAT op F GRAPHIC SCALE J�AN, K a 2W IN FfTr I inch - 200 ft 8 1/2 X 14 Not to Scale + EAJ C14 JHIS IS NOT A SURVEY 0 PROPOSED BOAT RAMPS "GENERAL NOTES- w 4SIONS ARE IN FEET AND DECIMALS THEREOF 2. BEA S ARE ASSUMED AND BASED ON THE WEST LINE E Cr 15000 �, �,',PARCE�L, BEING NORTH 00*46'16" WEST. Uj - - - - A,=', FICtAL RECORD BOOK P IPA. P"T OF BEGINNING P.00 -40INTOP COMMENCEMENT Ko kD c, IQ EXISTING ASPHALT SUNNILAND FMLy'(tT0 §-8-9-131".' W ROAD PARTNERSHIP 150�00 O.R. 4868 PAGE 313Z + 7 �? P.O.B. �2 !7' z THOMAS J. ANDERSON, P.S.M FLORIDA SURVEYOR & MAPPER LS 5804 COLLIER COUNTY SURVEYOR SECTION 29 ------- COLLIER COUNTY _V ff,6� -h Growth Management Department Road Maintenance Division 2885 South Horse bee Drive, Naples Florida 34104 O.C. Phone 239-252-5'910 Fax239-252-5828 Date SCALE xt No ]-fle No 1. = (3, 1 Proji, REVISED 4-28�20 ADDED Lou NORTH AND SOUTH OF ORIGINAL PROPOSED BOAT RAMP LAYOUT 102-20-2020.,, 1 20 $,R� 29 29�48-30 190340 to to (L 3