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Agenda 01/28/2014 Item #16D131/28/2014 16.D.13. EXECUTIVE SUMMARY Recommendation to approve and execute the documents necessary to convey an easement to .Lee County Electric Cooperative, Inc. on County property at Tigertail Beach; Project No. 90093. OBJECTIVE: To convey an easement for installation of underground distribution electric infrastructure on County property. CONSIDERATIONS: On May 14, 2013, Agenda Item 16.A.12, the Board approved the award of a construction contract to Stultz Construction, Inc. in the amount of $205,585.00. Within the scope of work, the project includes the installation of underground distribution electric line serving the new restroom and the County's facilities at Tigertail Beach. An Easement to Lee County Electric Cooperative, Inc. (LCEC) for the installation of lines within the County's Tigertail Beach .property, including, but not limited to underground lines, wires, cables, conduits, and appurtenant equipment, is required. The easement area measures a total of approximately .40 acres more or less, and is shown and described on Exhibit "A" to that Easement. The County will not be compensated. because the Easement is a requirement for LCEC to provide the facilities necessary for the completion of the new restroom improvements at Tigertail Beach Park. A location map is attached for reference. FISCAL IMPACT: The total cost for recording and obtaining copies of the Easement document will not exceed $42. Funds in the amount of $42 are available in Fund 183 under Project 90093. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. — HFAC GROWTH MANAGEMENT IMPACT: Tigertail Beach is inventoried in the Collier County Growth Management Plan. There is no impact to the Growth Management Plan by the conveyance of this easement. RECOMMENDATION: That the Board approves the Easement, authorizes the Chairman to execute the aforementioned document, and directs the County Manager or his designee to proceed to follow all appropriate closing procedures and record the aforementioned document in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman, �SRMA, Sr. Property Acquisition Specialist; Real Property Management, Department of Facilities Management Attachments: 1) Easement; and 2) Location Map Packet Page -611- 1/28/2014 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.13. Item Summary: Recommendation to approve and execute the documents necessary to convey an easement to Lee County Electric Cooperative, Inc. on County property at Tigertail Beach; Project No. 90093. Meeting Date: 1/28/2014 Prepared By Name: ZimmermanSue Title: Property Acquisition Specialist,Facilities Managem 1/15/2014 6:19:13 PM Submitted by Title: Property Acquisition Specialist,Facilities Managem Name: ZimmermanSue 1/15/2014 6:19:14 PM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 1/16/2014 3:38:59 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 1/16/2014 3:39:10 PM Name: WilliamsBarnT Title: Director - Parks & Recreation,Parks & Recreation Date: 1/16/2014 4:03:14 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 1/16/2014 4:22:35 PM Packet Page -612- 1/28/2014 16.D.13. Name: CarnellSteve n Title: Administrator - Public Services Date: 1 /16/2014 8:55:09 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/17/2014 9:21:31 AM Name: KlatzkowJeff Title: County Attorney Date: 1/17/2014 9:57:25 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/17/2014 6:17:32 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/21/2014 12:00:08 PM Packet Page -613- Prepared by: Engineering Department Lee County Electric Cooperative, Inc. Post Office Box 3455 N. Ft. Myers. FL 33918 -3455 EASEMENT 1/28/2014 16.D.13. KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision of the State of Florida, as Grantor, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, in consideration of the sum of Ten (10) dollars and other valuable considerations, receipt of -which is hereby acknowledged, does hereby grant to Lee County Electric Cooperative, Inc., a Florida not for profit corporation, as Grantee, whose post office address is Post Office Box 3455, North Fort Myers, Florida 33918, and to its successors and assigns ( *the term "assigns" meaning any person, firm, or corporation owning by way of assignment all rights under this agreement or a portion of such rights, with the Grantee or its other assigns retaining and exercising the other rights), a perpetual easement for a right -of -way to be used for the construction, operation, and maintenance of one or more underground electric distribution and or underground transmission lines, including, but not limited to, wires, cables, conduits, and equipment associated therewith, attachments and appurtenant equipment for fiber optic telecommunications and television purposes (all of the foregoing hereinafter referred to as "facilities "), under, in, and across the lands of the Grantor situated in the County of Collier and State of Florida and being more particularly described as follows.. .-� Said legal description is attached hereto and made a part hereof as Exhibit A. Together with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge, add to, change the voltage, as well as the nature or physical characteristics of, replace, remove, or relocate such facilities or any part of them or under and across the right - of -way described above with all rights and privileges necessary or convenient for the full enjoyment or the use thereof for the purposes described herein, including, but not limited to, the right to trim, cut, and keep clear all trees and undergrowth and other obstructions within said right -of -way and on lands of Grantor adjoining said right -of -way that may interfere with the proper construction, operation. and maintenance of such facilities or any part of them, the right to mark the location of any underground facilities by above - ground markers and other suitable markers, and the right of ingress and egress for personnel and equipment of the Grantor, for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. Grantor, its successors and assigns, shall have the right to use and occupy the surface of the easement area for any purpose consistent with the rights and privileges herein granted and which will not endanger or interfere with construction, maintenance, and operation or reconstruction of Grantee's utility installations. By the execution hereof, Grantor covenants that it has the right to convey this easement and that the Grantee and its successors and assigns shall have quiet and peaceful possession, use, and enjoyment of this easement and the rights granted hereby. Packet Page -614- 1/28/2014 16.D.13. IN WITNESS WHEREOF, the Grantor has executed this easement this day of 2014. SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: ATTEST: DWIGHT E. BROCK. CLERK By: Deputy Clerk Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B-% TOM HENNING. 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