Loading...
Agenda 11/10/2015 Item #16A26 11/10/2015 16.A.26. EXECUTIVE SUMMARY Recommendation to grant an easement to the South Florida Water Management District in order to provide access to a boat ramp being installed to maintain the Cocohatchee Canal as a part of the construction of roadway and bridge improvements also known as the Collier Boulevard Extension. OBJECTIVE: To grant the South Florida Water Management District (SFWMD) an easement across County right-of-way so that District maintenance crews will have access to a boat ramp that is being constructed in the re-aligned Cocohatchee Canal west of Collier Boulevard. CONSIDERATIONS: The Cocohatchee Canal must be re-aligned as part of the construction of improvements to the intersection of Collier Boulevard and Immokalee Road. An Easement for maintenance of the re-aligned canal was recently granted to the District (September 8th) in accordance with the provisions of the Cooperative Agreement between Collier County and the Big Cypress Basin, as amended, which provides for operational control and maintenance of the primary watercourses and water control structures throughout the County. Since then, it has been discovered that the District maintenance crews will require access across County right-of-way in order to utilize the boat ramp into the Cocohatchee Canal that is being constructed as part of the improvements to the intersection of Collier Boulevard and Immokalee Road. FISCAL IMPACT: There is no fiscal impact to the County. The District will pay to record the easements. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. ERP GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: I. To approve the granting of another easement to the South Florida Water Management District (SFWMD); 2. To authorize the Chairman to execute same on behalf of the Board; and 3. To authorize the County Manager or his designee to deliver the executed easement instrument to the District so they may record it in the public records. Prepared by: Kevin Hendricks, Manager, ROW Acquisition, Transportation Engineering Division, Growth Management Department Attachments: 1. Easement Instrument with Legal Description and Sketch attached as Exhibit"A" 2. Location Map Packet Page-718- 11/10/2015 16.A.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.26. Item Summary: Recommendation to grant an easement to the South Florida Water Management District in order to provide access to a boat ramp being installed to maintain the Cocohatchee Canal as a part of the construction of roadway and bridge improvements also known as the Collier Boulevard Extension. Meeting Date: 11/10/2015 Prepared By Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management 11/2/2015 2:08:31 PM Submitted by Title: Manager-Right of Way, Transportation Engineering&Construction Management Name: HendricksKevin 11/2/2015 2:08:33 PM Approved By Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 11/3/2015 8:52:24 AM Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 11/3/2015 8:55:49 AM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 11/4/2015 7:02:03 AM Name: KearnsAllison Title: Manager-Financial & Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 11/4/2015 7:40:35 AM Packet Page-719- 11/10/2015 16.A.26. Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 11/4/2015 8:31:07 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 11/4/2015 8:39:20 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/4/2015 9:52:22 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 11/4/2015 11:07:07 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/4/2015 1 1:27:25 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/4/2015 11:42:1 5 AM Packet Page-720- 11/10/2015 16.A.26. GRANT OF EASEMENT THIS GRANT OF EASEMENT (hereinafter referred to as the "Easement') is made and entered into on this day of , 2015, by and between the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a government entity created by Chapter 373, Florida Statutes (hereinafter referred to as the "District"), 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"). WHEREAS, County and District are parties to a cooperative agreement" governing the operational control and maintenance of various watercourses and water control structures in Collier County dated October 13, 2000 ("Original Cooperative Agreement"); as amended by that certain First Amendment to Cooperative Agreement dated Feb. 10, 2011 ("First Amendment"); as amended by that certain Second Amendment to Cooperative Agreement dated May 10, 2011 ("Second Amendment"); as amended by that certain Third Amendment to Cooperative Agreement dated Feb. 9, 2012 ("Third Amendment"); and as further amended by that certain Fourth Amendment to the Cooperative Agreement dated September 8, 2015; the Original Cooperative Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment is hereinafter referred to as the "Cooperative Agreement"; and WHEREAS, a portion of the watercourses covered under the Cooperative Agreement known as the Cocohatchee Canal and the CR 951 Canal have been relocated; and WHEREAS, the parties desire to submit the relocated canal sections to the control of the Cooperative Agreement. 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: 1. RECITALS - All of 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 Easement. 2. EASEMENT — County hereby conveys unto the District an easement for the duration of the Cooperative Agreement across that certain real property described in Exhibit "A" (attached hereto and made a part hereof). The purpose of this Easement shall be for the transfer of operational control and maintenance of the watercourse(s) and water control structure(s) located on said real property in accordance with the terms, conditions and provisions of the Cooperative Agreement. 3. ENTIRE AGREEMENT - This Easement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties as to the real property described in Exhibit "A" and, except for the Cooperative Agreement and that certain Grant of Easement dated September 8, 2015, and recorded in the public Packet Page-721- 11/10/2015 16.A.26. Page 2 records of Collier County, Florida, in OR Book 5200, Page 1177, there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Easement shall be of any force or effect unless made in writing and executed and dated by both County and District. 4. SEVERABILITY - Should any part of this Easement be found to be invalid, then such invalid part shall be severed from the Easement, and the remaining provisions of this Easement shall remain in full force and effect and not be affected by such invalidity. 5. VENUE - This Easement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the County has executed this Easement 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 TIM NANCE, Chairman Approved as to form and legality: ssistan( ount Attorney Packet Page-722- __ ... 11/10/2015 16.A.26. 1 : . , EXHIBIT_A_. page......i_of Zr _ TRACT 7 rr •..Elm E:E".../1-LqAut Er; ..-: A 1?-- _____(441 .)---..,- CAMERON COMMONS ! , -■?; L f-45.41, 43. ;,A,.11.: 43 ! ..6-..., 1 — ,,-.-... COLLIER BOULEVARD ----fiiiiZtlik•4. u ,)1 9"ve ,(Iv■.,•'-; PENT iiI,A. 45. ,A0[1. -0,- SE.01rOr, L_ t. .... ... . ... ' POC OESC. `,1 20FENER OF . St CT1ON 72 1 1 1 A431. rEc, 1C,IV)04i4.1):.1 OR..113, I.C. 'MU ...--......_. --,.... . 0 0 1 CC LL1 : ... i 1 -fl-A•vv,,,,-.9: 'RAT A [ 7-; - 0 (4 •:-:•-, pr., 79:.2 .1 •• ., a 54. • ii,:;■ rE !1!' 1 .. ; 2 A : I :....1 .;_,.4 1 e, '..;f--..? - ■,' n,■;,,-,: NO E1(r,tse4A4(x)(;:, 1 -- ..i ; ■ i'i-' ' ' 1 e: .-, 1 1 1 1 1 ... NE SFAimEi0E,ERIK., A E,Eft 4413. ET.: 1834 51 •.1 - 1 .:: • .-- ;;■ ? :-.. , •.,,-, :ARCI.L ri0 An[,1F-E30[;.).' i e e,• • e•-, I , ■ 1 I 3 I '$ ir• ' : 1 E ...-- i LEGEND Hiv....sc - DESCRiP!ION 1 OR -. orFt;;IAL ,-.7ECORDT. F3 3',:,4. 1 PE, = PACE 15 NOTES: !Of'Fg - •,f...•If,i. 0,- HE.Ci!IvN i NV, F. 11,17 OF r„.01.AMENI__14.,,T ,',-,,,,,:1•4,...,.. ■IF,,,•t..l.qL.: 4,:i: 1.-39•Si U, A..,-)r•::: :JAIL E-o --1 A•JE ■:)1:1R;),A1A1E S, :LOP,DA ,',.. ,_ LAST. NON 1,• ;011-1,1r.A1-1. "2,1.7-,1A.,' OE 51? (1,11!‹... 2■712 1.[ • A[11-E[REIN T,ii. .•AS', •INF ',-` '; (''ICA --2 T ,k,9',11 F, 4,.,, ''0:Th. ,f,,tr..: :6 Lt,.37 13r.41,0 '.: .7;750 ,a" Vs 2 !I-1:-.• '-,v E.':', ■;)F, "4:":1 AJA.r.1 AR1 PR::',f.'.'A T:•,',N A.',.-. 7•:' ,'ON:Nr, •::- .•1: f:,-.•.•,,i%Ir!,,,,N, --,F rk:01:',:"..7; .- 1 i i;1 ,..'• tV'-----; C. 2.-__,:----' t V2S,1/5 • C ,4,5 ACRE S. Mf.:,,ii_ OP. LES`, ...._.‘--- Tik.451 .2 .i LiFVF■hES PROFFSSIONAI .3119VEX2'FR AND In API E:-, ?:. 0°ROA f.',I,N 1 ich:A Tr NO, LS 675A NQ VA-..!D WIT0001 THE Sit:in/Al LAI: AND (-. 0\A1. ,zAtS07) 'iFIP,I.. OF A ri°RDA I.I011,..`..4 ',../RVC.YOR AND MAPPE.P THIS 1$ NO A SUWEY SKETCH AND DESCRIPTION efsiorw.prN.34.s,Ametexto PARCEL OF LAND Phone(239)Si17,3575 LYING IN SECTION 22,TOWNSHIP 48 SOUTH.RANGE 28 EAST r...,1239)593-0579 L9 No 5952 COLLIER COUNTY,FLORIDA ENGINEERING . . 1 . . . 1 I 1 1 oo27.00.00 I 0 I 22 1 48 1 25 1 1"..150* 1 10/28/15 1 TJD I BCB EASEMENT' I • 2 Packet Page-723- 11/10/2015 16.A.26. Page—g I of • DESCRIPTION A TRACT OR PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT OR PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22 THENCE N.00'SD'1E3"W. ON THE EAST LINE OF SAID SECTION 22 FOR 100.01 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE P OF RESERVATION TRACT A AS RECORDED IN OFFICIAL RECORDS BOOK 4413, PACE 3634. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.89'57'28'W. ON IHE EASTERLY PROLONGATION AND SOUTH LINE OF SAID RESERVATION TRACT A FOR 642.15 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 8 THENCE N.00•44'25"W., DEPARTING SAID SOUTH LINE FOR 11613 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID RESERVATION TRACT A; THENCE N.85'07'281. ON SAID NORTH LINE FOR 109.20 FEET; THENCE S.40133'07"W., DEPARTING SAID NORTH LINE FOR 165.04 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 6,324 SQUARE FEET OR 0.145 ACRES. MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ALONG STATE PLANE COORDINATES, FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 83 (NSRS 2011) WHEREIN THE EAST LINE OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST BEARS N 00150'18" W. R lyi Oo S A fs SKETCH AND DESCRIPTION 9810 WIQW Park Dt..SUNe 200 PARCEL OF LAND Nepe(39)5a 30575 Phone(239)597A675 LYING IN SECTION 22,TOWNSHIP 48 SOUTH,RANGE 26 EAST Fax:(239)597-0578 COWER COUNTY,FLORIDA LB No.:8852 ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN 13 FILE NAME SHEET 110027.00.00 , 0 22 ` 48 26 ' 10/28/15 I TJD BCB EASEMENT I 2 OF 2 Packet Page-724- 11/10/2015 16.A.26. LOCATION MAP I / '1,,, '...____________T\ �-L i . I ii)}k% j{; -- `!rrim okalee {D z ---1 I Il I- , I - PROPOSED ACCESS EASEMENT N ii W E 1 s f� I 1 1 i. „___ ) _1 r) I ,) t —..a.—v �' 1 k. i--1 I .f _ , r _ - -I l ma== L r� - _� Packet Page-725-