Agenda 05/27/2014 Item #16C3 5/27/2014 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve the termination and release of temporary construction easements
acquired for the water and sewer facilities construction in the case titled Collier County v. Lord's
Way Realty, LLC, et al.
OBJECTIVE: Provide for the termination of three Temporary Construction Easements (TCE),
which failed to provide an explicit termination date.
CONSIDERATIONS: On October 5, 2005, the Court granted an Order of Taking condemning
three temporary construction easements and three utility easements. The property was acquired
for the construction, operation, and maintenance of raw water mains, electrical conduits,
communication conduits, and well sites required for the Collier County Water-Sewer District's
South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion to 20
MGD Wellfield Project.
Generally, TCE would explicitly denote the intended term and provide a termination date in the
Order of Taking document, or on the sketch and legal description. In this case, the TCE were
recorded omitting such term causing them to remain as an encumbrance to the property, although
the construction had been completed. According to the appraisal reports, the intended term of the
TCEs was 36 months.
To formally terminate the TCE, the County needs to record a release of the TCE in the official
records of Collier County. A copy of the Termination and Release is attached. This situation
does not require a formal vacation process since the omission was on the part of the County and
the TCE were intended to expire in 2008.
FISCAL IMPACT: The cost of recording the Termination and Release will not exceed $10.
Funding is available in, and is consistent with, the FY2014 Capital Budget approved by the
Board of County Commissioners on September 19, 2013. The source of funding is the Water
User Fee Fund (412).
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney's Office. has been
approved as to form and legality, and requires a majority vote for Board approval. —ERP
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as
the ex-officio governing board of the Collier County Water-Sewer District, approve the
Termination and Release of three temporary construction easements.
Submitted By: Toni A. Mott, Manager, Real Property Management, Facilities Management
Department
Attachment: Termination and Release of Easement
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5/27/2014 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.3.
Item Summary: Recommendation to approve the termination and release of temporary
construction easements acquired for the water and sewer facilities construction in the case
titled Collier County v. Lord's Way Realty, LLC, et al.
Meeting Date: 5/27/2014
Prepared By
Name: MottToni
Title: Manager-Property Acquisition & Const M,Facilities Management
4/28/2014 3:20:11 PM
Submitted by
Title: Manager-Property Acquisition &Const M, Facilities Management
Name: MottToni
4/28/2014 3:20:12 PM
Approved By
Name: Steve Messner
Title: Director-Water, Water
Date: 4/30/2014 10:33:54 AM
Name: CampSkip
Title: Director-Facilities Management,Facilities Management
Date: 4/30/2014 10:56:52 AM
Name: HapkeMargie
Title: Recycling Coordinator, Solid Waste
Date: 4/30/2014 10:57:00 AM
Name: Joseph Bellone
Title: Director-Operations Support, Utilities Finance Operations
Date: 4/30/2014 5:19:59 PM
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5/27/2014 16.C.3.
Name: ChmelikTom
Title: Director-Public Utilities Engineering,Public Utilities Engineering
Date: 5/9/2014 10:03:06 AM
Name: SunvakMark
Title: Project Manager,Principal, Public Utilities Engineering
Date: 5/9/2014 10:44:11 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/9/2014 12:09:43 PM
Name: YilmazGeorge
Title: Administrator-Public Utilities, Public Utilities Division
Date: 5/12/2014 11:40:30 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 5/13/2014 3:21:54 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 3:52:08 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 12:51:20 PM
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5/27/2014 16.C.3.
TERMINATION AND RELEASE OF EASEMENT
This Termination and Release of Easement is executed this day of
2014 by THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "County").
WHEREAS, on October 5, 2005, the County acquired via an Order of Taking, utility
easements and temporary construction easements for the construction of water/sewer facilities;
and
WHEREAS, the construction of the facilities has since been completed; and
WHEREAS, the temporary construction easements were intended to terminate upon
completion of construction, but failed to provide a termination date and remain as a cloud on title
to this day; and
WHEREAS, the County wishes to formally terminate the temporary construction
easements.
NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, the County hereby releases and forever discharges and
terminates all rights of the County in those temporary construction easements described as Parcel
720, Parcel 721, and Parcel 722 acquired by the County for the construction of water-sewer
facilities, as evidenced by instrument recorded at O.R. Book 3910, Page 3826, et seq., and
attached hereto as Exhibit "A." All other easements acquired by the county shall remain in full
force and effect.
IN WITNESS WHEREOF, the County has caused this Termination and Release of
Easement to be executed on the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE
EX-OFFICIO GOVERNING BOARD OF
COLLIER COUNTY WATER-SEWER
By: DISTRICT
L)eputy Clerk
By:
Tom Henning, CHAIRMAN
Approved as to form and legality:
Emily R. Pen
Assistant County Attorney
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