Agenda 01/10/2023 Item #16C 4 (BCC as the ex-officio governing board of the Collier County Water Sewer District, to terminate TCE acquired by the County for the construction of the County's Production Well)16.C.4
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to approve the termination and release of a temporary construction easement acquired by
the County for the construction of the County's Production Well No. 10 (SRO 25) in the Eminent Domain
case styled Board of County Commissioners of Collier County, Florida v. Vision & Faith, Inc., et al., Circuit
Court Case 05-CA-1275, (Project #708920.
OBJECTIVE: For the Collier County Board of County Commissioners, as the ex-officio governing board of the
Collier County Water -Sewer District, to terminate a Temporary Construction Easement (TCE) acquired by the
County for the construction of the County's Production Well No. 10 (SRO 25) in the Eminent Domain case styled
Board of County Commissioners of Collier County, Florida v. Vision & Faith, Inc., et al., Circuit Court Case 05-
CA-1275.
CONSIDERATIONS: The County acquired title to TCE Parcel #742 upon the entry of an Order of Taking
recorded in the Official Records (OR) of Collier County, Florida, in OR Book 3910, Pages 3745 through 3782, and
a Stipulated Final Judgment recorded in OR Book 4156, Pages 2391 through 2402. This TCE was required by the
County 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 MGD Wellfield Project #708921. The County's Production Well No 10 (SRO 25)
located on this TCE has been constructed and completed and the TCE is no longer needed by the County.
Generally, a TCE would explicitly denote the intended term and provide for a termination date in the Order of
Taking or Stipulated Final Judgment document or on the sketch and legal description. In this case, the Stipulated
Final Judgment containing the TCE was recorded without a termination date. This caused the TCE to remain as an
encumbrance to the property, even though the construction was completed. The standard term for TCE in
connection with this project was 36 months. County staff has confirmed that the TCE is no longer needed by the
County.
Petitioner SD San Marino has requested that the County terminate this TCE. To formally terminate the TCE, the
County needs to record a release of the TCE in the Official Records of Collier County. A copy of the proposed
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 TCE was intended to expire after completion of construction.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The cost of recording the Termination and Release of Temporary Construction Easements
will be approximately $27.00 and paid for by the petitioner.
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, Property Acquisition Specialist II, Facilities Management Division
ATTACHMENT(S)
1. Termination of temporary construction easement - 121222 (PDF)
2. Location Map (PDF)
Packet Pg. 772
16.C.4
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.4
Doe ID: 24105
Item Summary: Recommendation to approve the termination and release of a temporary construction easement
acquired by the County for the construction of the County's Production Well No. 10 (SRO 25) in the Eminent
Domain case styled Board of County Commissioners of Collier County, Florida v. Vision & Faith, Inc., et al.,
Circuit Court Case 05-CA-1275, (Project #70892).
Meeting Date: 01/10/2023
Prepared by:
Title: Property Acquisition Specialist, Senior — Facilities Management
Name: Cindy Erb
12/12/2022 9:56 AM
Submitted by:
Title: — Facilities Management
Name: John McCormick
12/12/2022 9:56 AM
Approved By:
Review:
Water Howard Brogdon Additional Reviewer
Facilities Management John McCormick Director - Facilities
Public Utilities Planning and Project Management Matthew McLean
Facilities Management
Public Utilities Operations Support
Public Utilities Department
Public Utilities Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
County Manager's Office
Board of County Commissioners
Jennifer Belpedio
Manager - Real Property
AmiaMarie Curry
PUD Department Review
Drew Cody
Level 1 Division Reviewer
George Yilmaz
Level 2 Division Administrator Review
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Susan Usher
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
CMO Completed
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
12/12/2022 2:45 PM
Completed
12/12/2022 2:46 PM
Additional Reviewer
Completed
12/14/2022 9:03 AM
Completed
12/15/2022 1:55 PM
Completed
12/20/2022 4:06 PM
Completed
12/21/2022 12:41 PM
Completed
12/27/2022 10:08 AM
Completed
12/27/2022 10:27 AM
Completed
12/27/2022 10:44 AM
Completed
12/27/2022 3:47 PM
Completed
12/28/2022 9:07 AM
01/02/2023 4:03 PM
Completed
01/03/2023 11:45 AM
01/10/2023 9:00 AM
Packet Pg. 773
16.C.4.a
This instrument was prepared by
and after recording return to:
Derek D. Perry, Esq.
Office of the County Attorney ,
3299 Tamiami Trail East, Suite #800 N
Naples, FL 34112 W
Cn
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (the
"Termination") is made as of January 10, 2023, by COLLIER COUNTY, FLORIDA, as
Governing Body of Collier County, Florida, and as Ex-Officio Governing Board of the Collier
County Water -Sewer District ("County").
WITNESSETH:
WHEREAS, on October 5, 2005, the County acquired an easement over certain property
in Collier County, Florida, pursuant to an Order of Taking, recorded October 13, 2005 in Official
Records Book 3910, Pages 3745 through 3782, and Stipulated Final Judgement of December 8,
2006, recorded December 19, 2006 in Official Records Book 4156, Pages 2391 through 2402 of
the Public Records of Collier County (collectively, the "Orders");
WHEREAS, the Orders contain several Access and Utility Easements, as well as that
certain Temporary Construction Easement for the construction of the County's Production Well
No. 10 known as Parcel 742, as 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 relating to Production Well No. 10; and
WHEREAS, the land encumbered by the Easement is located on land owned by SD San
Marino, LLC, a Florida limited liability company ("Owner'), who has petitioned the County to
terminate said Easement; 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.
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. But for release of the Easement, the Orders shall remain in full force and effect.
[Signature Page to Follow]
[22-PUE-00636/1756869/11 Page 1 of 2
Packet Pg. 774
16.C.4.a
IN WITNESS WHEREOF, the County has executed this Termination as of the date and
year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
as Governing Body of Collier County and as
Ex-Officio Governing Board of the Collier
By: County Water -Sewer District
Deputy Clerk
By:
Rick LoCastro, Chairman
Approved as to Form and Legality:
Derek D. Perry ,v
Assistant County Attorney \ ti
Attachments:
Exhibit "A" — Sketch and Legal Description of Temporary Construction Easement
Exhibit `B" — Location Map
N
0
W
co
0
r
[22-PUE-00636/1756869/11 Page 2 of 2
Packet Pg. 775
EXHIBIT • 16.C.4.a
A g PROJECT
PARCEL 7
�a
FOLIO �oyfr5��a�
LO
N
O
SKETCH A.ND 1).9SCRIPTI6N OF A
TEMPORARY CO,NS�.RUCTION EASEMENT
FOR PRODUCTION WELL NO. f0
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, 1VP 50 S,
RGE 26 E, COLLIER COUNTY, FLORtDA
N 1/2 OF THE N 1/2 OF THE
SW 1/4 OF THE SW 1/4 Na735.32`E
FOLIO NO.:
00411520001
KEY-.
IF.P.&L.-FL..ORIDA POWER. do LIGHT i
R/W.- RIGHT-OF-WAY
P.O.C. - POINT OF COMMENCi ENT
P.0"B. - POINT OF BEGAIMNG
LL O
O d'
w N\
N \�
z
LiJ Lit o
LL
O O
z�\
Z
S8735 32"W P.O.B. t I W
SOUTH LINE OF THE N 1/2 OF THE N —✓
DESCRIPTION: 1/2 OF THE SW 1/4 OF THE SW 1/4
A PARCEL LYING W THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4.OF THE.SOUTHWEST 1/4 OF
SECTION 11. TOWMSWP 50 SOUTH, RANGE 25.EAST, COWER COUNTY. FLORIDA. DESCRIBED AS FOLLOW:
CO"ENCING AT THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHwY 1/4 OF THE
SOUTHWESrif4, THENCE RUN SOUTH 8735'32' WEST, A DISTANCE OF 21.0.33 FEET ALONG THE SOUTH LINE or SAID
NORTH 1/2 OF..THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/44.TO THE POINT OF 9EGIMNING;
- THENCE CONTINUE SOUTH '6735'32" WEST: A DISTANCE OF 60.10 FEET ALONG SAID SOUTH Lft THENCE RUN NORTH
OO'49'42' EAST A DISTANCE OF 18a29 FEET ALONG A LINE THAT -IS PARALLEL TO THE EAST U NE OF_ SAID NORTH
1/Z.Oi= THE NORTH 1/2. OF THE SOUTHWEST 1/4 OF THE SOUTHWEST.1/4; , THENCE RUN NORTH 8735'32" EAST, A
DISTANCE OF 16016 FEET ALONG A LINE THAT IS PARAIIII..M..' SAID SOUTH LINE: THENCE RUN SOUTH 00`49'4e
WEST A DISTANCE OF130.21 FEET ALONG THE WEST LINE OF A 170-FOOT FLORIDA-POVER AND LIGHT
RIGHT--OF-WAY EASEMENT; SAID LINE RUNNING PARALLEL. TO SAID EAST UNE; THENCE RUN SOUTH 8735'32' WEST,
A DISTANCE '01' 40.06 FEEL' ALONG A LINE THAT IS PARALLEL TO SAID SOUTH L INE THENCE RUN SOUTH 00 49'42'
WEST, A DISTANCE OF 50.o8 FEET ALONG A LINE. THAT IS PARALLEL TO SAID EAST LINE, AND TO THE POINT OF
BEGINNING.'
CONTAINING 16,026 4 Ft, OR 0.37 Aa MORE OR LESS "
THPARCEL BEARING, DISTANCES, AND AREAS .
CALCULgTED ARE BASED ON A FTEZD SURVEY OF
J R 'WIL KISON (FOR. THE FIRM LB6773) SECTION- 11. BASIS OF BEARING: STATE PLANE
PR ONAI .:SURVEYOR• AND FLAPPER COORDINATE SYSTEM. FL& EAST ZONE, '83/'90.
FLORIDA CENSE N0: LS 4876
INS 7LDAY`OF .12L� 04. THIS. IS, NOT
,a: SUR1/EY
JEFFREY- C. ' COOE-R" AND=_ S" SOMATES, INC.
SURVEI'TNG _AND YAPPING;
3900 COLONIAL; BLVD.; 'SUITE 4, FORT- MY[7�5, F-ORIFJA 33912
PHONE (239)277-0722 FAX: (239)277=7179 EMAIL-• LiR.VEYiNG@COONER.COt.!
CLIENT: -GREE1 Fy AND HANSEN, LLC {BRAWN. BY: • ;jNM' CHECKED BY: J.N.W.
PARCEL DESCRIPTION: '.WELL NO. 10 DATE 8/17104 SCALE: 1'=so' R1 V 70/20/04 TEMP- CONSTRUCTION EASEMENT IN THE
SW 1/4 OF THE -SW 1/4 OF SEC 11-50-26• PROJECT-No::020901 tYG=Nosecliw=rcc( cto SHEET 1 OF 1
N N
o
w -
� N
O O
N
w
S87 35'37'
o
z N o
co o �_
60.10' cn ra Z
IF.P.&LL .R/W
EASEMENT
170'
1 Ld
�5
Ogg
2 Ld
o Lo
Qf toI a —w
P.O,C.-SE. CORNER OF THE N
1/2 OF THE N 1,/2 OF THE SW
1/4 OF THE SW 1/4
58735'32'W
210.3s
[22-PUE-00636/ 1756869/ 11
Page 1 of 1
Exhibit "A"
Packet Pg. 776
EXHIBIT "B"
16.C.4.a
LOCATION MAP
WOOD IDE
LANES
WESTPORT
COMMERCE
CENTER
1
3
6
CEDA
LES
HAM
(S.R. 84)
DAVIS BOULEVARD
NAPLES RI
A OUNTRY CL
SAN
MARINO
HACIENDA LAKES
(DRI)
NAPLES NATIONAL
GOLF CLUB
12
10
7
WILLOW RUN
LIDO
ISLES
HO OF ISLANDIA
P
41
FIRST
ASSEMBLY y 13
NAPL S LAKES
MINISTRIES
14 rp ay
DUN Y CLUB
5
LORD'S WAY
30ACRE �J `��F PROJECT
18
LOCATION
GOOD TURN
CENTER
v
RATTLESNA OC
ROAD McMULLEN
HAMMOCK PARK
SIERRA
COMMERCE CENTRE
MEADOWS
COLDER HACIENDA L
KES
REGIONAL (DRI)
MEDICAL
COLLEGEW
CENTER
E
EDISON
I
VILLAGE
22
24
19
ROCKEDGE
HACIENDA
LAKES
(DRI)
SABAL
LM
O
0
Q
w
J
O
m
!Y
27
26
25
30
p WINDING
U CYPRESS
HACIENDA LAKES
(DRI)
(DRI)
Prepared by
Marcus L. Berman P.S.M.
County Land Surveyor
Professional Surveyor & Mapper LS 5086
Growth Management Department
Development Review Division
2800 North Horseshoe Drive, Naples Florida 34104
LO
N
O
X
Cn
0
N
N
N
N
r�
Q
Packet Pg. 777
EXHIBIT "B"
16.C.4.b
LOCATION MAP
\WOODE IDE
LANES
WESTPORT
COMMERCE
CENTER
3
1
6
CEDA
LES
HAM
(S.R.84)
DAVIS BOULEVARD
NAPLES RIT
A OUNTRY CLU
SAN
MARINO
HACIENDA LAKES
(DRI)
NAPLES NATIONAL
GOLF CLUB
11
12
10
7
. --F
WILLOW RUN
LIDO
ISLE S
HO OF ISLANDIA
P
14
FIRST
ASSEMBLY Sq 13
N01MINISTRIES
APL S LAKES
FykL
OUN Y CLUB
LORD'S WAY14 (O�J
9�F PROJECT
18
5
LOCATION
0�
GOOD TURN
U
CENTER
RATTLESNA OC
ROAD MCMULLEN
HAMMOCK PARK
SIERRA
COMMERCE CENTRE
MEADOWS
coLUER HACIENDA LIKES
(DRI)
COLLEGEW
M D CAL
CENTER
EDISON
VILLAGE
22
24
ROCKEDGE
19
HACIENDA
LAKES
(DRI)
SABAL
LM
O
7
In
J
w
J
O
L-
m
x
27
w 26
25
30
O WINDING
U CYPRESS
HACIENDA LAKES
(DRI)
(DRI)
N
0
O
r
Q
Prepared by
Marcus L. Berman P.S.M.
County Land Surveyor
Professional Surveyor & Mapper LS 5086
Growth Management Department
Development Review Division
2800 North Horseshoe Drive, Naples Florida 34104
Packet Pg. 778
H:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Hacienda Lakes\Exhibit B for Folio #00411520001 - Derek.dwg, 12/12/2022 6:29:09 AM, MarcusBerman