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Agenda 09/26/2023 Item #16C 6 (Utility easement known as Ekos on Santa Barbara)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve and execute documents necessary for the conveyance of a Utility Easement to the Collier County Water-Sewer District for utility infrastructure for a project on County-owned property, known as Ekos on Santa Barbara, located at 4640 Santa Barbara Boulevard. OBJECTIVE: To convey a Utility Easement to the Collier County Water-Sewer District (“District”) for utility infrastructure installed on County-owned property. CONSIDERATION: On August 13, 2019, the Board of County Commissioners (“BCC”) entered into a 99-year lease with McDowell Housing Partners, LLC (“Developer”). On October 10, 2019, the Board of County Commissioners (“BCC”) entered into a developer agreement with McDowell Housing Partners, LLC (“Developer”) to develop apartments for workforce and affordable housing. Construction of the development is now nearly complete, and in preparation for the final completion and obtaining the final Certificates of Occupancy, the utility conveyance process must be followed. The District is the water and wastewater utility service provider and will provide water and wastewater utility service to the project. As part of the utility conveyance process in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31, a developer is typically required to provide the County with a County Utility Easement in favor of the Water-Sewer District. Since the County owns the underlying property, the County is conveying this utility easement to the Water-Sewer District. Recording of appropriate documents will be done by GMD once all District requirements have been met for Preliminary Approval. The Developer will present a Warranty Deed and Bill of Sale separately to the District. A location map is attached for reference. FISCAL IMPACT: This item has no associated cost, as the Developer will pay for the costs. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -SAA RECOMMENDATION: To approve and authorize the Chairman to execute the attached Deed of Utility Easement; acting as Ex-Officio the Governing Board of the District, accept the attached Deed of Utility Easement; direct the County Manager or designee to proceed with the appropriate closing procedures and to record the documents in the Public Records of Collier County, Florida. Prepared by: Jeremiah Westerfield, Property Acquisition Specialist II, Facilities Mgmt/Real Property ATTACHMENT(S) 1. Deed of Utility Easement (PDF) 2. Ekos CUEs Location Map (PDF) 16.C.6 Packet Pg. 1356 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6 Doc ID: 26571 Item Summary: Recommendation to approve and execute documents necessary for the conveyance of a Utility Easement to the Collier County Water-Sewer District for utility infrastructure for a project on County-owned property, known as Ekos on Santa Barbara, located at 4640 Santa Barbara Boulevard. Meeting Date: 09/26/2023 Prepared by: Title: – Facilities Management Name: Jeremiah Westerfield 09/11/2023 12:02 PM Submitted by: Title: – Facilities Management Name: John McCormick 09/11/2023 12:02 PM Approved By: Review: Public Utilities Operations Support Geoffrey Willig Additional Reviewer Skipped 09/11/2023 1:39 PM Public Utilities Department Andrew Youngblood Level 1 Division Reviewer Completed 09/11/2023 1:45 PM Facilities Management John McCormick Director - Facilities Completed 09/11/2023 1:56 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 09/13/2023 3:39 PM Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 09/14/2023 8:52 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/18/2023 10:58 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/18/2023 11:57 AM Planning Commission Diane Lynch Additional Reviewer Completed 09/19/2023 10:11 AM Development Review Brett Rosenblum Additional Reviewer Completed 09/19/2023 11:05 AM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 09/19/2023 11:33 AM Growth Management Community Development Department Jaime Cook Additional Reviewer Completed 09/19/2023 12:04 PM Engineering & Natural Resources Diane Lynch Additional Reviewer Skipped 09/19/2023 12:05 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/18/2023 12:03 PM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Skipped 09/18/2023 12:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2023 2:04 PM Growth Management Community Development Department James C French Additional Reviewer Completed 09/19/2023 12:30 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/19/2023 4:58 PM 16.C.6 Packet Pg. 1357 09/26/2023 County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/20/2023 8:26 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.C.6 Packet Pg. 1358 Prcparcd by and rcturn to Sally A Ashkar,Esq Collicr Counけ Attomcy's Of「lcc 3299 Talnialni Trial East,Suitc 800 Naples,FL 34112 DEED OF UTILITY EASEⅣIENT THIS UTILITY EASEMENT(CUE)is grantcd and cOnvcycd this___day of Scptcmbcr 2023, by thc BOARD OF COUNTY COMPIISS10NERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY,`・ Grantor'',to thc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX‐OFFICIO GOVERNING BOARD OF THE COLLIER COUNTYヽ ⅣATER…SEWER DISTRICT,its succcssors and assigns,“Grantcc''. WITNESSETH: That thc Grantor for and in considcration of thc sum of tcn donars(31000)and Othcr valuabic considcration paid by Grantcc,rcccipt Of which by is hcrcby acknowicdgcd by Grantor, hcrcby convcys,grants,bargains and scns unto Grantcc,its succcssors and assigns,a pcrpctual, non‐cxclusivc cascmcnt,liccnsc,right and privHcgc to cntcr upon and to insta∥,rclocatc,rcpair and/or othcnvisc maintain ullity systcm(s)and ulll,facil■iCS,and/or portion(S)thCrCOt in,On, ovcr and undcrthcお ∥owing dcscribcd lands locatcd in CoHicr Coun″.Florida,to wit: Scc attachcd Exhibit“A,''、vhiCh is incorporatcd hcrcin by rclcrcncc. TO HAVE AND TO HOLD thc sarnc unto thc Grantcc,ls succcssors and/or assigns, togcthcr、vith thc right and privilcgc to cntcr upon said land to cxcavatc,rclocatc and/ortakc and/or introducc matcrials for thc purposc of constructing, opcrating, rclocating, rcpairing and/or othcnvisc maintaining thc suЦ cct ulli″faCillics and/or systcm(s)or pOttion(s)thCrcol in,On, ovcr and/or undcr thc cascmcnt arca Grantor and Grantcc arc uscd for singu!ar or plural,as thc contcxt a∥o、vs. lN WIWESS NVHEREOF,thc Grantor has causcd thcsc prcscnts to bc cxccutcd thc datc and ycar flrst abovc writtcn, ATTEST: Cwstal K.Kinzcl,Clcrk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Deputy Clerk Approved as to form and legality: Rick LoCastro, Chairman Sally A. Ashkar Assistant County Attorney Attachments: Exhibit "A" - Sketch & Legal Description By:By: [23‐EIS-04898/1810917/1]Page I of I 16.C.6.a Packet Pg. 1359 Attachment: Deed of Utility Easement (26571 : Ekos on Santa Barbara) EXIIIBIT“A" 16.C.6.a Packet Pg. 1360 Attachment: Deed of Utility Easement (26571 : Ekos on Santa Barbara) /aα く:‐ ぃ|壺ミ壺ヽく毬 | ミー t 減 | ミ | 婆|誘―ミ| ^恭f ニコ生二 ´ざ〆Tギ NORTH Marcus L, Berman MARCuS L 8ERMAN,PSM COLLIER COuNTY SURVEYOR FLORIDA SuRVEYOR&MAPPER LS 5086 NOT VALID WITHOUT THE THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDASURVEYOR&MAPPER EM.S.PARCEL Date1 2023 08 22 0R BOOK 2814 PAGE 848 08:23:47‐04'00. GENERAL NOTES l BEAR NGS ARE BASED ON THE WESTL NE OF SECT ON 4 BE NG S01・ 0225・E 2 DIMENS10NS AREIN FEET ANO DECIMALS THEREOF SKEttCH OF DESCRIPT10NS EXHIBIT"A" Developement Review Dlvlsion Growth Management Depattment 2800 North Horscshoc DHvc,Naplcs FloHda 34104 Phone:239-252-6885 Hヽ PlanⅢng and Regublonヽ En91-lng Depanmenぃ Enginee"n9FoderslACAD SURVEY DRAWINGS,る OS R‐2●8PL20230011200 Ekos on Santa B3●ara(UFA)d、 "8′ 2272023 8 21 53 AM MacusBo「man /糧炒りl｀軍1.ィ “η`CALuSA PARK C U E COUNTY U]uTY EASEMENT 4800 SOUARE FEET NORTH 1201 0F THE[´ST 40'OF THE WEST 100' OF THE SOuTHwEST 1/4′T‐50-S′R‐26-E 一一一一一一一 …1JGRAPHIC SCALE 16.C.6.a Packet Pg. 1361 Attachment: Deed of Utility Easement (26571 : Ekos on Santa Barbara) EXHIBIT“A" [Caル Sα Pα ″んCυ E一 ′力α′ρο″′ο″グCο ″″νρ″てηι″ケα′′力θθ″′rα ″ε`グ Cα ルsα Pα ″たE″″″′αッ ■力οοムrο ′力ι″ο″′カグEた οs ο″Sα ″αβ″らα″αノ″α ttα ′″ο′%′力ι″ο″ル″″ノοα′ルg ρα″σι′グ P′ρ″′夕Иρρ′・αお `″ /EI Nο θθイθθ2イ ∂θθ `′THE NORTH 120 FEET OF THE WEST 40 FEET OF THE LANDS DESCRIBED BY THAT CERTAIN SPECIAL WARRANTY DEED RECORDED AT OFFICIAL RECORDS B00K 2970,PAGE 3419 ET SEQ.,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS: THE NORTH 120 FEET OF THE EAST 40 FEET OF THEヽ VEST 100 FEET OF THE SW 1/4 0F SECTION 4. TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA; THE ABOVE DESCRIBES APPROXIMATELY 4,800 SQUARE FEET OF LAND. Togcthcr With: fEたοs Cυ E―′力α′′ο″′′οηグ Cυ E ον `″ αρο″′′ο″Cο “ ″νρ″てηθ″ν t770″′ “ Eた οs ο″Sα ″′α Bα″bα rα ノ%夕〃α″″ο′γ Pκ η `″ 夕 4″″αおα rD Ⅳo θθィθθ2イ 6イ θげ A PARCEL OF LAND LYING IN THAT PART OF SECT10N 4,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA.BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER OF SAID SECT10N 4 RUN THENCE N88°49'24"E ALONG THE EAST‐WEST QUARTER LINE OF SAID SECT10N 4 FOR A DISTANCE OF 6000 FEET TO THE EAST RIGHT‐OF‐WAY LINE OF SANTA BARBARA BOULEVARD; THENCE ALONG SAID RIGHT‐OF―｀ⅣAY LINE S01°02:25∥E FOR A DISTANCE OF 401 63 FEET TO THE POINT OF BEGIIINING; THENCE LEAVING SAID RIGHT-OF―WAY LINE N88°57'35∥E FOR A DISTANCE OF 15 00 FEET; THENCE S01°02'25"E FOR A DISTANCE OF 25.00 FEET; THENCE S88°57'35"W FOR A DISTANCE OF 15.00 FEET TO SAID RIGHT‐ OF‐WAY LINE OF SANTA BARBARA BOULEVARD; THENCE ALONG SAID RIGHT‐OF‐｀ⅣAY LINE N01°02'25"W FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGIblNING. THE ABOVE DESCRIBES APPROXIMATELY 375 SQUARE FEET OF LAND. Shcct 2 of2 16.C.6.a Packet Pg. 1362 Attachment: Deed of Utility Easement (26571 : Ekos on Santa Barbara) LOCATION MAP 16.C.6.b Packet Pg. 1363 Attachment: Ekos CUEs Location Map (26571 : Ekos on Santa Barbara)