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Agenda 11/14/2023 Item #16C 1 (TCE PAE for Pump Station 304.03)11/14/2023 EXECUTIVE SUMMARY Recommendation that the Board approve a Temporary Construction Easement and Perpetual Access Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to permit temporary construction activities for upgrades to existing Pump Station 304.03, and perpetual access for necessary maintenance and collection activities. OBJECTIVE: To provide Collier County Water-Sewer District (“CCWSD”) a temporary construction easement on County-maintained property to upgrade an existing pump station and allow for perpetual access to said station for the purpose of maintenance and collection activities. CONSIDERATIONS: In order for Collier County to provide needed construction upgrades and continuing maintenance to Pump Station 304.03, it will be necessary to execute and record the attached Temporary Construction Easement and Perpetual Access Easement (the “Easement”). The Easement comprises a total of 663 square feet, more or less, as shown and described in Exhibit “A” of the Easement. The Easement has been reviewed and approved by the County Attorney’s Office and Public Utilities staff. Community Redevelopment Agency (“CRA”) staff is responsible for landscape maintenance of the property, and accordingly, construction work will be coordinated with the CRA. FISCAL IMPACT: Recording costs shall not exceed thirty-six dollars ($36.00) and will be paid from the Wastewater User Fee Capital Fund (4014). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for approval. - RTT GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: To approve the attached Easement to allow CCWSD to perform construction upgrades to PS 304.03 in coordination with the CRA and thereafter to continue its necessary maintenance and collections work in perpetuity; authorize its Chairman to execute the Easement; and direct the County Manager or her designee to record the Easement in the Public Records of Collier County, Florida. Prepared by: Deborah Goodaker, Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. TCE and PAE w-Exhibit A (PDF) 16.C.1 Packet Pg. 773 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 26987 Item Summary: Recommendation that the Board approve a Temporary Construction Easement and Perpetual Access Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to permit temporary construction activities for upgrades to existing Pump Station 304.03, and perpetual access for neces sary maintenance and collection activities. Meeting Date: 11/14/2023 Prepared by: Title: Property Acquisition Specialist – Facilities Management Name: Deborah Goodaker 10/18/2023 11:40 AM Submitted by: Title: – Facilities Management Name: John McCormick 10/18/2023 11:40 AM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 10/18/2023 11:42 AM Public Services Department Todd Henry Level 1 Department Review Skipped 10/18/2023 11:56 AM Public Utilities Department Andrew Youngblood Additional Reviewer Completed 10/18/2023 1:49 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 10/18/2023 2:39 PM Wastewater Robert Von Holle Additional Reviewer Completed 10/18/2023 2:48 PM County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 10/18/2023 3:20 PM Engineering and Project Management Shon Fandrich Additional Reviewer Completed 10/18/2023 3:21 PM Engineering and Project Management Matthew McLean Additional Reviewer Completed 10/19/2023 9:44 AM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 10/30/2023 3:53 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/30/2023 4:02 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/30/2023 9:31 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2023 10:58 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/31/2023 11:43 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 16.C.1 Packet Pg. 774 PROJECT: Basin 306 Duplex Pump Stations PARCEL: PS 304.03 lLunar Triangle FOLIO: None (See Exhibit A) Page I of2 TEMPORARY CONSTRUCTION EASEMENT AIID PERPETUAL ACCBSS EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT and PERPETEUAL ACCESS EASEMENT is made and entered into this day of 2023,by COLLIER COfIIITY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Naples, FL34l12 (hereinafter referred to as "Grantor"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COI]NTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COI]NTY WATER-SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: See Exhibit A, Legal Description and Sketch, parcel lying in Section 14, Township 50, Range 25, Collier County, Florida THIS IS NOT HOMESTEAD PROPERTY This Temporary Construction Easement is granted for the express purpose of providing Grantee temporary access and right of entry to Grantor's lands as described above, for the purpose of construction upgrades and improvements to existing Pump Station 304.03, as well as temporarily storing construction material and equipment adjacent thereto. This Temporary Construction Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto and establish any buffers as may be required by Grantor. Y"O The Perpetual Access Easement shall remain in effect permanently for necessary maintenance and collection activities. Grantor, for and in consideration of TEN DOLLARS ($ I 0.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: 16.C.1.a Packet Pg. 775 Attachment: TCE and PAE w-Exhibit A (26987 : Lunar Triangle PS 304.03 - TCE and PAE) PROJECT: Basin 306 Duplex Pump Stations PARCEL: PS 304.03 / Lunar Triangle FOLIO: None (See Exhibit A) Page 2 of 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST:BOARD OF COUNTY COMMISSIONE,RS COLLIER COLINTY. FLORIDA CRYSTAL K. KINZEL, Clerk By: Deputy Clerk RICK LoCASTRO, Chairman "Approved as toform and legality " Assistant County Attorney G:\[]asin 306 Dupler PS\Ciroup lll\PS -10.1.01-Lunar TriangleYl'CE & Access llasernenl.doc cYs 16.C.1.a Packet Pg. 776 Attachment: TCE and PAE w-Exhibit A (26987 : Lunar Triangle PS 304.03 - TCE and PAE) LOT 99 L1r 96 LOT 9J L)r 92 Lor 9t LOT 90 L)r 89 DESC. CORNER OF LOT IOO N89'54'29"E 37.37'UKE KELLY UNIT 2 P8JPE93 POB DESC LUNAR STREET 60.00' l..i.l e.o LrltoI U) co NORTH LINE OF LOT lOO (PB 3 Pc eJ) NORIHWEST CORNER OF PARK AND COMLIUNIIY N TOWER UKE KELLY UNIT 2 P83PG9J NORTH LINE OF PARK AND COMIIUNTY N TOWER (P8 3 Pc e3)E cn I N N E @L =riq o ao o z6 6 a @6 I o oNoN o oN ., =tr N89'54'29"E 315.51'BEARINC R=260.00' A=1 1 "46'19" CB=N44'29'27"W C=53.33' L=53.42' N Lor 3 WsT LINE OF PARK AI,IO N |OWER J P6 eJ) {D- (P8 Lor 4 L)r t02 (TNTENDED SCALE: 1 NOTES: 1. THIS SKIICH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL.2. POC : POINT OF COMMENCEMENT3. POB : POINT OF BEGINNING.4. DESC. : DESCRIPTION 5. DB = DEED BOOK6. OR : OFFICIAL RECORDS BooK7. PG : PAGE 8. INSTR./oRI : OFFICIAL RECORDS INSTRUMENT9. NO. : NUMBER 10. PARCEL CONTATNS 663 SQUARE FEET (0.02 ACRES), MORE OR LESS ,1 1. DESCRIPTION ATTACHED. David Hyatt Digitally signed by David Hyatt Date:2023.08.17 09:15:43 -04'00' NOT A SURWYI HEREBY CERTIry, TO THE BEST OF MY KNOWLEDGEAND BELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. THIS SKfTCH HAS BEEN DIGITALLY SIGNED BY: DAV|D J. HyArI (FOR THE F|RM L.B. 642) PROFESSIONAL SURVEYOR AND MAPPER FTORIDA CERTIFICATE NO. 5834 ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED, AND THE DIGITAL SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. SKETCH TO ACCOMPANY DESCRIPTIONPUMP STATION EASEMENT LYING IN SECTION 14, TOWNSHIP 50, RANGE 25 COLLIER COUNry, FLORIDA JOHNSON ENGINEERING, INC. 2122 JOHNSON STREIT P.O. BOX 1550 FORT MYERS, FLORIDA 33902-1550 PHONE: (239) 534-0046 t.B. #642 & t.B. #642ENGINEERING JOHNS DAIE IPROJECT NO. AUGUST 2o2J lroro.ouu-o.o FILE NO. 1 4-50-25 1" = 50' SCALE 10F2 SHEET EXHIBIT 'A' - Page 1 of 2 16.C.1.a Packet Pg. 777 Attachment: TCE and PAE w-Exhibit A (26987 : Lunar Triangle PS 304.03 - TCE and PAE) E a I NoN E I =rjq o L @o z6 o E @ o I o o o 9! N c't o o@ F DESCRIPTION PUIUP STATION EASIMENT LYING IN SOUTHEAST QUARTER (St-|/+) 0F THE NORTHEAST QUARTER (NE-l/4) OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A PARCEL LYING lN THE SOUTHEAST QUARTER (SE-1 /+) OF THE NORTHEAST QUARTER (NE-]/4) OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNry, FLORIDA, WHICH TRACT OR PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI'/ENCING AT THE NORTHWEST CORNER OF LOT 100, LAKE KELLY UNIT 2 PLAT BOOK 3, PAGE93 , OF THE PUBLIC RECORDS OF COLLIER COUNry, FLORIDA. FRON/ SAID POINT OF CON/I/ENCEMENT, THENCE RUN NORTH 89' 54' 29" EAST ALONG THE NORTH LINE OF SAID PLAT FOR 315.81 FEil TO THE NORTHWEST CORNER OF THE PARK AND COMMUNIry TV TOWER FROM SAID PLAT AND THE POINT OF BEGINNING. FROIil SAID POINT OF BEGINNING, CONTINUE ALONG THE NORTH LINE OF SAID PARK AND CO[/[/UNITY W TOWER LINE NORTH 89' 54' 29" WEST FOR J7.37 FEET; THENCE DEPARTING FROTU SAID NORTH LINE RUN SOUTH OO'OO'OO" EAST FOR 38.10 FEET TO AN INTERSECTION WITH A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 260.00 FEET BEING THE WEST LINE OF SAID PARK AND COMtilUNlry TV TOWER; RUN ALONG SAID CURVT TO THE LEFT A DTSTANCE OF 53.+2 FEET WITH A CHORD BEARING NORTH 4+" 29' 19" WEST AND 55.33 FEET TO THE NORTHWEST CORNER OF SAID PARK AND CON/N/UNIry ry TOWER AND THE POINT OF BEGINNING. PARCEL CONTA|NS 663 SQUARE FEET (0.02 ACRES), N/ORE OR LISS BEARINGS HEREINABOVE N/ENTIONED ARE BASED ON STATE PLANE COORDINATES, NORTH AMERICAN DATUI/ 83 (2011 ADJUSTMENT), FLORIDA ZONE EAST, WHEREIN THE NORTH LINE oF LoT 1Oo, LAKE KELLY UNIT 2 PLAT BOOK J, PAGE 93 , OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEARS NORTH 89' 54' 29" EAST. SKETCH TO ACCOTVIPANY DESCRIPTIONPUMP STATION EASEMENT LYING IN SECTION 14, TOWNSHIP 50, RANGE 25 COLLIER COUNry. FLORIDA JOHNSON ENGINEERING, INC. 2122 JOHNSON STREEI' P.O. BOX 1550 FORT MYERS, FLORIDA 33902_1550 PHONE: (239) 334-0046 t.B. #642 & L.B. #642ENGINEERING JOHNS DA]E AUGUST 2023 PROJECT NO. 2020J066-030 IFILE No. ISCALE | ,o-so-zs | ," = so'20F2 SHEET EXHIBIT 'Ao - Page2 ol2 16.C.1.a Packet Pg. 778 Attachment: TCE and PAE w-Exhibit A (26987 : Lunar Triangle PS 304.03 - TCE and PAE)