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Agenda 02/27/2018 Item #16C 302/27/2018 EXECUTIVE SUMMARY Recommendation to approve the Easement Agreement with Sheryl L. Dorta, as Trustee of the Sheryl Lynn Dorta Living Trust, dated March 11, 2016, and Robert W. Dorta, as Trustee of the Robert Wayne Dorta Living Trust, dated March 11, 2016, at a cost not to exceed $5,500 for the acquisition of a County Utility Easement for proposed water and wastewater infrastructure improvements, Project Number 70103. OBJECTIVE: To purchase a utility easement for future proposed water and wastewater infr astructure improvements to connect Twin Eagles development to current Collier County Water -Sewer District facilities. The public purpose is to bring outdated and inadequate utility infrastructure into compliance with current county standards while meeting the demand for service, improving reliability, protecting public safety and providing proactive environmental protection. CONSIDERATIONS: Collier County Public Utilities Division is proposing to connect the Twin Eagles development to the existing Collier County wastewater system in FY18. An easement from the property owners, Sheryl L. Dorta, as Trustee of the Sheryl Lynn Dorta Living Trust, dated March 11, 2016, and Robert W. Dorta, as Trustee of the Robert Wayne Dorta Living Trust, dated March 11, 2016 (collectively known as Sellers), is necessary. The Sellers are willing to grant an easement for future water and wastewater service to Collier County Water Sewer District at the cost of its appraised value. Real Property Management’s in-house Real Estate Appraiser has determined the fair market value of the property to be $4,500. FISCAL IMPACT: The total outlay should not exceed $5,500 ($4,500 for the utility easement and approximately $1,000 for title commitment, title policy and recording of documents). Funding is available in and is consistent with the FY18 Capital Budget approved by the Board on September 21, 2017. The source of funding is the Wastewater User Fee Fund 414. Funds are available in Project 70103, Northeast Service Area Integration. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - JAB RECOMMENDATION: That the Board: 1. Approves and accepts the attached Easement Agreement and Utility Easement with Sellers; 2. Authorizes the Chairman to execute the Easement Agreement with Sellers, and any and all other County Attorney’s Office approved documents related to this transaction once they have been approved by the County Attorney’s Office; 3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; 4. Directs the County Manager or his designee to proceed to acquire this easement, to follow all appropriate closing procedures, to record the Utility Easement and any and all necessary documents to obtain clear title of the easement and to take all reasonable steps necessary to ensure performance under the Easement Agreement. Prepared By: Cindy Erb, Senior Property Acquisition Specialist, Facilities Management Division 16.C.3 Packet Pg. 790 02/27/2018 ATTACHMENT(S) 1. Easement Agreement (PDF) 2. LOCATION MAP 1-2018 (DOCX) 16.C.3 Packet Pg. 791 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 4657 Item Summary: Recommendation to approve the Easement Agreement with Sheryl L. Dorta, as Trustee of the Sheryl Lynn Dorta Living Trust, dated March 11, 2016, and Robert W. Dorta, as Trustee of the Robert Wayne Dorta Living Trust, dated March 11, 2016, at a cost not to exceed $5,500 for the acquisition of a County Utility Easement for proposed water and wastewater infrastructure improvements, Project Number 70103. Meeting Date: 02/27/2018 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 01/23/2018 3:54 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 01/23/2018 3:54 PM Approved By: Review: Facilities Management Dennis Linguidi Additional Reviewer Completed 01/23/2018 5:24 PM Wastewater Steve Messner Additional Reviewer Completed 01/24/2018 9:18 AM Facilities Management Toni Mott Additional Reviewer Completed 01/24/2018 9:34 AM Public Utilities Operations Support Christopher Johnson Additional Reviewer Completed 01/24/2018 9:52 AM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 01/29/2018 10:13 AM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 01/30/2018 1:35 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 01/30/2018 4:56 PM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 02/02/2018 12:17 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 02/02/2018 12:42 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/02/2018 1:30 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/02/2018 2:36 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/02/2018 4:41 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/02/2018 7:01 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2018 12:36 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 16.C.3 Packet Pg. 792 NE Slrvics Area Inte€ration - Dorla TAX lD *: 37640750003 EASEMENT AGREEMENT TH:S EASEMENT AGREEMENT(hereinafter referred to as the“Agreemenぜ 》iS made and entered into on this _ day of , 2018, by and between SHERYL L. DORTA, AS TRUSTEE OF THE SHERYL LYNN DORTA LIVING TRUST, DATED MARCH 11, 20'16, AND ROBERT W. DORTA, AS TRUSTEE OF THE ROBERT WAYNE DORTA LIVING TRUST, DATED MARCH 1,,1, 2016, (hereinafter referred to as "Owner"), whose mailing address is 3161 8th Street NW, Naples, FL 34120, and 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, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 341 12-5356; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility purposes 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; WHEREAS, any utility pipelines installed in the Easement will be underground; WHEREAS, should there be a need to repair or modify the underground utility, the Owner's property will be restored to pre-existing condition at purchaser.s cost; WHEREAS, owner desires to convey the Easement to purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate owner for conveyance of the Easement; Now THEREFORE, in consideration of these premises, the sum of ren Dollars ($1.0-00), . and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby mutually acknowledged, it is agreed by and beiween the parties asfollows: 1.owner shall convey the Easement to purchaser for the sum of Four ThousandFive Hundred and 00/100 dollars ($4,500), payable by County W"rrant lsaiOtransaction hereinafter referred to as the "closin!"). saio paymlnt shall be fullcompensation for the Easement conveyed, incruding ail rindscaping, trees,shrubs, improvements, and fixtures located thereon, and for "nV iar"g""resulting to owner's remaining lands, and for all other damages in'"onn"ct]onwith conveyance of said Easement to purchaser. Prior to closing, owner shall obtain from the holders of any riens, exceptionsand/or qualifications encumbering the Easement, the execution or'"ucr,216.C.3.a Packet Pg. 793 Attachment: Easement Agreement (4657 : Dorta Utility Easement) 3Easement Agreement Page 2 instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offe/' to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of tifle. owner shall indemnify, defend, save and hold harmless the purchaser against and from, and to reimburse the Purchaser with respect to, any and all damlges,claims, liabilities, laws, costs and expenses (including without limita-tion reasonable paralegal and aftorney fees and expenses whether in court, out ofcourt, in bankruptcy or administrative proceedings or on appeal), penalties or finesincurred by or asserted against the purchasei by reason or arising out of thebreach of owner's representation under section s. tnls provision In"tt ,r*ir"Closing and is not deemed satisfied by conveyance of title. Thefurchaser sharr pay for all costs of recording the conveyance instrument inthe Public Records of collier county, Florida. All-other costs associated with thistransaction including but not limited to transfer, documentary and intangible taxes,and recording costs for any curative instruments shail be oorn" "iJ paio' uyowner. owner shail be responsibre for paying any costs and/or fees associatedwith securing and recording a subordination, bonient & Joinder or gasemeni orthe mortgage(s) recorded against the property underrying tne Easemeniir; il"mortgagee(s). The cost of a tifle commitment Lhail be paid by purchaser. -' '456716.C.3.a Packet Pg. 794 Attachment: Easement Agreement (4657 : Dorta Utility Easement) 8910 Easement Agreement Page 3 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, and/or assignees, whenever the context so requires or admits. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. lf the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to purchaser, its successors and assigns. (lf the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. !N WITNESS WHEREOF,the parties hereto have executed this Agreement on this _ day of 2018 Date Easement acquisition approved by BCC: AS ttO PURCHASER: ATttEST: DW:GHttE BROCK,Clerk BOARD OF COUNTY COMMiSSloNERS COLL!ER CouNTY,FLORIDA,AS THE GOVERN:NG 80DY OF COLLIER COUNTY AND AS EX‐OFF:C!O THEGOVERN!NG 30ARD OF THE COLLIER COuNTY WATER‐SEWERD!STRICT ,Deputy Cierk Approved as tO fOrln and lega∥ty: BY: ANDY SOL:S, Chalrman 16.C.3.a Packet Pg. 795 Attachment: Easement Agreement (4657 : Dorta Utility Easement) Easement Agreement AS T0 0WNER: W!丁 NESSES: Page 4 AS TRUSTEE OF TRUST,DATED MARCH ll,2016 ROBERT W DORTA,AS TRUSTEE OF THE ROBERT WAYNE DORTA LIV!NG TRUST,DATED MARCH ll, 2016 a*u ht, Wilness (Name) THE SHERYL LYNN DORTA LIVING 16.C.3.a Packet Pg. 796 Attachment: Easement Agreement (4657 : Dorta Utility Easement) i l o:V0'.\rr.r7o-'2^d re -tc!.'n.eirtb..n (urd--s.n!i-t .ror.) qa s? ot, rot, - JlrF ヽ 0∽ 日量 2H 上_8TH STREET NW 60' R T-OF―WAY ―Z‐1:: `曼ス ■1816.C.3.a Packet Pg. 797 Attachment: Easement Agreement (4657 : Dorta Utility Easement) LOCATION MAP 16.C.3.b Packet Pg. 798 Attachment: LOCATION MAP 1-2018 (4657 : Dorta Utility Easement)