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Agenda 06/14/2016 Item #16A 5 Proposed Agenda Changes Board of County Commissioners Meeting June 14,2016 Add On Item 10A: Recommendation to consider a proposal from the Marco Island City Council to return County Road 92A(Goodland Road)to Collier County's jurisdiction and authorize the County Manager to further explore this option with the Marco Island City Manager. (Commissioner Fiala's request) Continue Item 16E4 to the June 28,2016 BCC Meeting: Recommendation to award Request for Proposal #16-6618, "Annual Contract for General Contractor Services" to the following six firms: Surety Construction Company,Bradanna,Inc.,Compass Construction,Inc.,William J.Varian Construction Company,Inc., Chris Tel,and EBL Construction. (Commissioner Taylor's request) Move Item 1611 to Item 13A: Miscellaneous Correspondence. (Commissioner Nance's request) Move Item 16J2 to Item 13B: To record in the minutes of the Board of County Commissioners,the check number(or other payment method),amount,payee,and purpose for which the referenced disbursements were drawn for the periods between May 12 to June 1,2016 pursuant to Florida Statute 136.06. (Commissioner Nance's request) Move Item 16J3 to Item 13C: To provide to the Board a "Payables Report" as of June 8,2016 pursuant to the Board's request. (Commissioner Nance's request) Note: Item 16A5 does not require Ex Parte Disclosure: • Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to install an approximately 18 foot long fence within the Harbor Road right-of-way, at the eastern terminus of the road adjacent to the property. (County Attorney's request) Item 16D14: Modify the Memorandum of Understanding document,where appropriate,to identify the County Manager or his designee as the responsible agent that will manage the contract on behalf of the Board of County Commissioners. (Commissioner Henning's request) 6/14/2016 8:31 AM 6/14/2016 16.A.5. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to install an approximately 18 foot long fence within the Harbor Road right-of-way, at the eastern terminus of the road adjacent to the property. OBJECTIVE: To have the Board of County Commissioners(Board)approve a Right of Way Easement Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to install a fence within the Harbor Road public right-of-way. CONSIDERATIONS: Ms. Kara Wright is the fee simple owner of that property described as Lot 16, Block B, Rock Harbor as recorded in Plat Book 1, Page 84 of the Official Records of Collier County. The subject property is adjacent to that certain public road right-of-way easement known as Harbor Road. Ms. Wright intends to use a portion of the road right-of-way easement to construct a fence which would connect to the existing fence on her property. There was previously a fence in approximately the same location,but the property owner has requested to install a new fence to match the dimensions and material of the fence on her property. The fence will not obstruct any travel within the right-of-way, nor will it affect the right of access of any adjacent property owners,because it will be located at the terminus of the road along the eastern boundary of the right-of-way easement. The extent of the encroachment is approximately 18 feet long by 6 inches wide and is shown more specifically on Exhibit B attached to the Easement Use Agreement. The owner agrees that the County will have unlimited access to the road and the owner will not use the road in any manner that is inconsistent with its purpose of a public right of way, except for the approved fence. The County has the right to demand removal of the fence, at the owner's expense, within 60 days of notice to the owner. The owner will also indemnify and hold harmless the County for any cost associated with the owner's installation and use of the fence. Staff has determined that the installation of the fence within the public right-of-way is beyond staff's discretion and requires Board approval. If approved, the property owner will still be required to obtain a Right-of-Way permit. FISCAL IMPACT: There is no fiscal impact to the County. The property owner shall be responsible for recording of the approved agreement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.-SAS Packet Page -107- 6/14/2016 16.A.5. RECOMMENDATIONS: 1. To endorse staff's recommendation to approve a Right-of-Way Easement Use Agreement between Collier County and Kara Wright,and 2. Authorize the Chairman to execute the agreement on behalf of the Board. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services Division, Growth Management Department Attachments: 1) Location Map 2) Right of Way Easement Use Agreement and Exhibits A and B Packet Page -108- 6/14/2016 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.5. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of Lot 16, Block B, Rock Harbor to install an approximately 18 foot long fence within the Harbor Road right-of-way, at the eastern terminus of the road adjacent to the property. Meeting Date: 6/14/2016 Prepared By Name:HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 5/2/2016 8:00:04 AM Approved By Name:PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 5/10/2016 4:18:16 PM Name:McLeanMatthew Title: Project Manager,Principal,Development Review Date: 5/11/2016 9:53:46 AM Name:MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 5/16/2016 8:47:27 AM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 5/25/2016 9:29:46 AM Name:KlatzkowJeff Title: County Attorney, Date: 5/25/2016 12:11:44 PM Name: IsacksonMark Packet Page -109- 6/14/2016 16.A.5. Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 5/25/2016 1:53:49 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 6/1/2016 3:18:29 PM Packet Page -110- 6/14/2016 16.A.5. _. ....-.............,‘,1111 W. 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RIGHT OF WAY EASEMENT USE AGREEMENT THIS RIGHT OF WAY EASEMENT USE AGREEMENT ("AGREEMENT") is made and entered into this day of , 2016 by and between Kara Wright ("Wright") and Collier County("County"), a political subdivision of the state of Florida, RECITALS: WHEREAS, Wright is the record owner of the fee simple interest in and to that certain parcel of real property (the"Subject Property") known as Lot 16, Block B, Rock Harbor, as depicted on Plat Book 1, Page 84, recorded in the Official Records of Collier County, Florida(the"Plat"), more specifically shown on Exhibit`A'; and WHEREAS, the Subject Property is adjacent to that certain road right-of-way known as Harbor Road, as depicted on the Plat; and WHEREAS, the County acquired a public right of'way easement interest in Harbor Road (the "Road Easement") by virtue of the Plat, which dedicated all roads to the perpetual use of the public. Unless a different intention is expressed, a dedication by way of plat results in the creation of an easement for the County, to be held in trust for the public at large for the purposes shown on the plat; and WHEREAS, the parties agree that Wright owns the underlying fee simple title from the edge of the Subject Property to the centerline of Harbor Road, but may only use the right of way in a manner that is not inconsistent with the purpose of the Road Easement as a public right of way; and WHEREAS, Wright desires to use the Road Easement solely to install and maintain a new permanent fence that will connect to the fence on the Subject Property, resulting in an encroachment into the Road Easement, as shown on Exhibit `B' (the "Encroachment"). WHEREAS, the County has no present objection to the use of the Encroachment within the Road Easement, provided that Wright agrees to the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the Recitals, the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1. The above recitals are true and correct and are incorporated herein. 4/19/16 (142 Packet Page-112- 6/14/2016 16.A.5. 2. The County shall have unlimited access to the Road Easement, and Wright will not use the Road Easement in any manner that is inconsistent with its purpose as a public right of way, except for the approved Encroachment as described in this Agreement. 3. Wright, at their sole cost, expense and risk, may install and maintain the Encroachment within the Road Easement to the extent shown on Exhibit B, provided it does not impair the County's use of the Road Easement. The County retains the right, however, in its sole discretion, and with or without cause, to demand by written request that the Encroachment be removed from the Road Easement, which Wright will do at their sole cost and expense within a reasonable time, but not later than 60 days from from receipt of such request. Any and all improvements relating to the Encroachment located within the Road Easement at the end of the 60 days shall be deemed to have been abandoned by Wright and may be removed and disposed of by County. 4. Wright shall indemnify and save harmless the County, including all employees of the County, from any loss or damages the County may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of Wright's use of the Road Easement for the purposes set forth in this Agreement. 5. This Right of Way Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, at Wright's sole cost and expense. This Agreement is intended to bind the Parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF,the parties hereto have caused this Right of Way Easement Use Agreement to be executed as of the day,month and year as first above written. Signed, Sealed and Delivered In the presence of: Witesses ilik Kara Wright J Print Name 7/ ill Print Name 4/19/16 Packet Page -113- 111) 6/14/2016 16.A.5. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Donna Fiala, Chairman Date: Approved as to form and legality Scott A Stone, Assistant County Attorney 4/19/16 41) Packet Page -114- 6/14/2016 16.A.5. --r— AI e S A.VEY SA" TCH OF BOUNDARY SURVEY t c ME INTENT OF MS SURVEY is FSP 17TU iRA»mr MY NOT FOR FENCE CONSTRUCTION COPYRIGHT .P...a. suers CORA • NOT FOR CONSTRUCTION NOT FOR DESIGN ti ri O �2 •'* �!� ROCK IwRLL1� 'r _..._.......................... , :el a------- 4, law 2,koh rirtax STREET ADDRFSSt ti nc89'37'fOO'C my' E495 HARBOR ROAD (P & Ms For w , NAPLES, Ft.QR11JA FIR ' Sinter la MOB 11.5 `ar LOT 15 LOT 26 k k CONC 6' MED FENCE '1 1;1 Pax45' {'CCP I pt ,,,). . t5 x-120 DOCKMS' - FORM w ip 17,7' 21.2' VALK N� 1 ~ . ScZE1' = DO' t 1 ° .tE _ RESUENCE VA & , -J,� �r S X 1ILI I ( 17.0' 1 0 7 LI av 6¢ 48 y .....(34.5 GRAPHIC SCALE t FIR ' a Rlarer c>- PASS �.!* 1 II a' m --- S. 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