Agenda 09/13/2016 R Item #16A50 16.A.50
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement and authorize the Chairman to execute same
on behalf of the Board. Pine Ridge Stormwater Improvements. Project No.60126. (Fiscal Impact:
$27)
OBJECTIVE: To secure a drainage easement so that a pipe may be installed under and across private
property allowing lake overflow to drain west to Trail Boulevard rather than flooding the surrounding
properties.
CONSIDERATIONS: Negotiations between staff and the owner of Lot 42,Pine Ridge subdivision,have
resulted in the owner agreeing to grant the required easement to the County in exchange for the County's
removal of a pipe located elsewhere on the owner's property at the time of the installation of the County's
drain pipe located between Trail Boulevard and"Middle Lake" (as it is called on the plat of Pine Ridge,
as recorded in Plat Book 3,Page 24, of the public records of Collier County,Florida.) Other than the pipe
removal,the owner has made no other demands in exchange for the grant of easement, and has agreed to
give the County and its contractor the right of entry onto the remainder of the property to remove the
existing outfall pipe.
FISCAL IMPACT: Approving this agenda item will result in a net savings for the County when
compared with the cost to purchase the easement required to install the pipe between Trail Boulevard and
Middle Lake. The market value of the easement is estimated at roughly$15,000; and the fee to record
the easement in the public records will be$27. Cost to remove the existing collapsing lake outfall pipe for
the property owner at the same time as the installation of the new lake outfall pipe is estimated not to
exceed$1,500. Source of funds is transfers from the General Fund(001) and Unincorporated Area
General Fund(111).
The recurring operations and maintenance cost for maintenance of the pipe is estimated at less than$500
per occurrence on an annual maintenance cycle.
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-ERP
RECOMMENDATION: To approve entry into the attached Easement Agreement and authorize the
Chairman to execute same on behalf of the Board.
Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1.Location Map (PDF)
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16.A.50
09/13/2016
2.PB 3,. Page 24 (PDF)
3.Aerial Photo Showing Proposed Easement (DOC)
4. Owner-Executed Agreement(8-9-16) (PDF)
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16.A.50
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.50
Item Summary: Recommendation to approve an Easement Agreement and authorize the
Chairman to execute same on behalf of the Board. Pine Ridge Stormwater Improvements. Project No.
60126. (Fiscal Impact: $27)
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-Right of Way—Transportation Engineering
Name: Kevin Hendricks
07/14/2016 9:03 AM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
07/14/2016 9:03 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 07/29/2016 11:01 AM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 7:26 AM
Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 3:19 PM
Capital Project Planning,Impact Fees,and Program Management Gerald Kurtz Level 1 Sim.Reviewer 1-8Completed
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 08/08/2016 12:30 PM
Growth Management Department Kevin Hendricks Level 2 Division Reviewer Skipped 07/14/2016 8:56 AM
Road Maintenance Diane Lynch Level 1 Add Division Reviewer Completed 08/10/2016 3:53 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/17/2016 10:59 AM
County Attorney's Office Debbie Allen Level 2 Attorney Review Skipped 08/25/2016 2:12 PM
Growth Management Department Diane Lynch Level 3 Division Reviewer Skipped 08/08/2016 12:30 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2016 2:32 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/25/2016 2:58 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 11:05 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 1:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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1 6.A.50.a
LOCATION MAP
(PINE RIDGE DRAINAGE EASEMENT)
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16.A.50.d
PROJECT: Pine Ridge Stormwater Outfall Pipe Replacement
PARCEL No(s): 121 DE
FOLIO No(s): 67183640003
AGREEMENT
THIS AGREEMENT Hereinafter referred to as the "Agreement") is made and
entered into on this , a/— day of 31.2..1.-'.1 , 20 RA, , by and between
WIGGINS PASS REALTY CO., INC., a Florida cdrporation, whose mailing address is
5637 Strand Boulevard, Suite 201, Naples, Florida 34110 (hereinafter referred to as
"Owner"), 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, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Drainage
Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter
referred to as the "Easement"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
a)
1. RECITALS - The above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the a
Easement to County, in a form acceptable to County and at no cost to County,
unless otherwise stated herein. Said conveyance (Owner's delivery to County of
a properly executed easement instrument) is hereinafter referred to as the
"Closing."
Owner shall assist County in securing from the holders of any liens, exceptions
and/or qualifications encumbering the Easement, the execution of such
instruments which will remove, release or subordinate such encumbrances from
the Easement upon their recording in the public records of Collier County, Florida.
Prior to Closing and as soon after the execution of this Agreement as is possible,
Owner shall provide County with a copy of any existing title insurance policy and
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the Closing Documents, properly executed, witnessed, and notarized where
required, in a form acceptable to County.
3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the effective
date of this Agreement by County or within thirty (30) days of County's receipt of
all Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause.
4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement. County
shall have sole discretion as to what constitutes "reasonable processing fees."
0
5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall
be effective as of the date this Agreement is executed by both parties and shall
inure to the benefit of and be binding upon the parties hereto and their respective
heirs, executors, personal representatives, successors, successor trustees, 00
and/or assignees, whenever the context so requires or admits.
C)
E
6. EXISTING DRAIN PIPE - County shall cause the removal of the existing
drainage pipe structure located generally parallel to the Easement and lying within
thirty (30) feet of the southerly lot line of Owner's Lot 42, depicted on Exhibit "A"
CD
and Owner hereby grants to County a license for entry onto Lot 42 in order to
perform said pipe removal.
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7. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are
no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
•a
8. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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16.A.50.d
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk DONNA FIALA, CHAIRMAN o
a)
AS TO OWNER: WIGGINS PASS REALTY CO., INC.
a Flo orporation
DA D: 7 .),9 I Cn ••
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Witness (Signature) (Stature)
'6\3 SA-- OA-t,cj -NNC,\-\ '"•••t-
Name (Print or Type) (PriratFull Name) E
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Coita cs- F..JL„
Witness (Signature) (Corporate Title)
C PI Z.o L Po -te-r
Name (Print or Type)
Approved as to form and legality: E
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Emily R. Pepin
Assistant County Attorney
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PROJECT: Pine Ridge Stormwater Outfall Pipe Replacement
PROJECT PARCEL NO. 121 DE
PARENT TRACT FOLIO NO. 67183640003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 15 FEET OF LOT 42, BLOCK C, PINE RIDGE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 24, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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15 FEET
SKETCH NOT TO SCALE
Collier County Growth Management Division-Transportation Engineering Department 07`05!161:02 PM
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