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Agenda 04/08/2014 Item #16A 84/8/2014 16.A.6. EXECUTIVE SUMMARY Recommendation to accept the conveyance of a Drainage Easement in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Fiscal Impact: None.) OBJECTIVE: To accept for recording and for maintenance purposes a Drainage Easement that the property owner would like to convey to the County. CONSIDERATIONS: A legal description with a reference to "Drainage Easement" found in an Assignment of Rents and Leases in the chain of title to the owner's property has created a cloud on title which the owner wishes to clear; but the County is not considered the Grantee nor claims to own the Easement. In order to do so it is proposed that the property owner replace the "quasi- easement" with a bona fide drainage easement of a narrower width which meets the maintenance needs of the County in this region. This will be accomplished by including the following language in the easement: "This easement shall supersede all other easement rights which Grantee may have in or upon the real property of which the easement is a part." The road and stormwater maintenance department has indicated that it will be good to have the easement in the event that drainage problems arise in that area and crews need access for maintenance purposes. FISCAL IMPACT: There is no Fiscal Impact associated with this item. The property owner will pay the recording fees. Maintenance will not be routine and recurring. Legal access to the ditch was important only in case it is ever needed in an emergency. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. ERP RECOMMENDATION: That the Board of County Commissioners of Collier County. Florida, accept the conveyance of the proposed Drainage Easement and accept the maintenance responsibilities of the ditch located therein. Prepared by: Kevin Hendricks. Right -of -Way Acquisition Manager Transportation Engineering Department. GMD Attachment: 1) Drainage Easement Packet Page -704- A /8/2014 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to accept the conveyance of a Drainage Easement in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Fiscal Impact: None.) Meeting Date: 4/8/2014 Prepared By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management 3/6/2014 4:39:34 PM Approved By Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 3/14/2014 8:39:16 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 3/1 8/2014 8:58:17 AM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 3/18/2014 4:59:34 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 3/25/2014 4:51:30 PM Name: ShueGene Title: Director - Operations Support., Transportation Administration Date: 3/26/2014 1:31:47 PM Name: Marcellaieanne Title: Executive Secretary, Transportation Planning Date: 3/26/2014 3:22:57 PM Packet Page -705- 4/8/2014 16.A.8. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 3/26/2014 3:39:21 PM Name: lsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/26/2014 4:40:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 8:47:51 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/31/2014 2:27:47 PM Packet Page -706- Project: PARCEL: Folio No.: 00738160005 DRAINAGE EASEMENT 4/8/2014 16.A.8. THIS EASEMENT, made and entered into this day of , 2014, by 14601 EAST TRAIL, LLC, a Florida limited liability company, whose mailing address is 4001 Tamiami Trail N., Suite 300, Naples, Florida 34103, (hereinafter referred to as "Grantor "), to 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 "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, underground drainage easement to enter upon and to install and maintain underground drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and /or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. Grantee shall bear the responsibility for maintaining the easement area and all of its drainage structures and facilities located therein. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. This easement shall supersede all other easement rights, if any, which Grantee may have in or upon the real property of which the easement is a part, as described more particularly on Exhibit "B ", attached hereto and incorporated herein by reference. Packet Page -707- 4/8/2014 16.A.8. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER GRANTOR: 14601 EAST TRAIL, LLC, a Florida limited liability company By: 40AA �= e in . C�olWman, Manager The foregoing instrument was acknowledged before me this Lj!� day of l�Aecu , 2014, by Kevin G. Coleman, Manager of 14601 E t Trail, LLC, a Florida limited liability company, on behalf of the company. He is per known to me or [_j produced /'7 as identification. SEAL � �� „ -, Notary Publi CINDY "'Printed Name: Mr co L. +:P ELLx i T ��SSION #rrQIIC803' My Commission Expi hme Os, 2417 ATTEST: Dwight E. Brock, Collier County Clerk of Courts By: Print Name: Title: Approved as to form and legality: By: Print Name: Title: Packet Page -708- ACCEPTANCE BY GRANTEE: Board of County Commissioners, Collier County, Florida By: Tom Henning, Chairman Exhibit "A" (Page 1 of 2) Legal Description of Easement Area South Florida Surveying :Inc. 242123rd Sired S. W. Napks, Fkrida 34'•'117 Phone:: (239) 348 1169 sfsinC&outft fitoridasurmi ng.com February 25, 2014 418/2014 16.A.8. LEGAL DESCRIPTION OF A 30 FOOT WIDE DRAINAGE EASEMENT DESCRIBED AS FOLLO'W'S: THE EASTERLY 30 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Collier, STATE OF Florida, AND IS LESCRIBED AS FOLLOWS: Beginning at the Southeast corner of Section 12, Township 51- South, Range 26 East, Collier County, Florida, thence S 00 00' 00" 335.26 feet to a point in the North right -of -way line of Highway 41; thence N 541 36'00" W 1672.10 feet along the North right -of -way Line of Highway 41 to a concrete monument and the true place of beginning of the parcel herein described; thence continuing N 541 36' 00" W along the North right -of -way line of Highway 41 to a point in the East right -of -way of Joseph Lane a distance of 802.80 feet; thence N 0° 34' E along the East right -of -way of Joseph Lane a distance of 456.85 feet; thence S 54° 36' E a distance of 163.54 feet; thence S 89° 56'30" E a distance of 43.22 feet; thence S 54° 36' E a distance of 583.05 feet; thence S 00 13' 30" W a distance of 489.36 feet to the true place of beginning of the parcel herein described. LESS AND EXCEPT all of the lands described above which. he East of the west line of the East 'lz of the Southeast %a of Section 12, Township 51 South, Range 26 East, Collier County, Florida THE ABOVE DESCRIBED EASEMENT CONTAINS 0.34 ACRES. South Florida Surveypig Inca 0 h Boggs, P.S.M. Packet Page -709- CA ;e. P, bL / ! z Exhibit "A" (Page 2 of 2) Sketch of Ease • i t i r. rient Area 4/8/2014 16.A.8. p > V) w <c 0 0 to 0 _ M ° m c, 0-40 Z Ut „ cot '`i Packet Page -710- CA • L p > V) w <c 0 0 to 0 _ M ° m c, 0-40 Z Ut „ cot '`i Packet Page -710- CA 4/8/2014 16.A.8. EXHIBIT "B" Legal Description of Overall Property Beginning at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County, Florida; thence S 0" 00' 00" 335.26 feet to a point in the North right -of- way line of Highway 41; thence N 54" 36' 00" W 1,672.10 feet along the North right -of- way line of Highway 41 to a concrete monument and the true place of beginning of the parcel herein described; thence continuing N 540 36'00" W along the North right -of -way line of Highway 41 to a point in the East right -of -way of Joseph Lane a distance of 802.80 feet; thence N 0" 34' E along the East right -of -way of Joseph Lane a distance of 456.85 feet; thence S 54° 36' E a distance of 163.54 feet; thence S 89° 56' 30" E a distance of 43.22 feet; thence S 540 36'E a distance of 583.05 feet; thence S 00 13'30" W a distance of 489.36 feet to the true place of beginning of the parcel herein described. LESS AND EXCEPT that portion of the above - described parcel of land which lies easterly of the West line of the East' /2 of the Southeast % of Section 12, Township 51 South, Range 26 East, Collier County, Florida. Packet Page -711- CA