Loading...
Agenda 06/24/2014 Item #16C36/24/2014 16.C.3. EXECUTIVE SUMMARY Recommendation to approve a Utility and Access Easement Agreement with Kensington Park Master Association, Inc., for the acquisition of an easement at its appraised value to accommodate the rehabilitation of a wastewater pumping station, at a total cost not to exceed $900, Project Number 70046. OBJECTIVE: Acquire a utility and access easement from Kensington Master Association, Inc., which is necessary for planned improvements and ongoing operation and maintenance of Pump Station (PS) 147. CONSIDERATIONS: The Collier County Public Utilities Division is continuing its program to upgrade pump stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, and reliability upgrades. The existing platted easement for PS 147 is insufficient in size to accommodate the improvements. The property owner, Kensington Master Association, Inc., is willing to grant additional utility and access easement area at the cost of its appraised value. Real Property Management's in -house Real Estate Appraiser determined the market value of the easement area to be $792. FISCAL IMPACT: Funding is available in, and is consistent with, the FY14 Capital Budget approved by the Board on September 19, 2013. The source of funding is the Wastewater User Fee Fund (414), Project 70046. The total outlay should not exceed $900.00 for the purchase of the utility and access easement, recordation of the easement, and title insurance. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval -JAB GROWTH MANAGEMENT IMPACT: The project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District 1. Approve the attached Utility and Access Easement Agreement and accept the Utility and Access Easement; 2. Authorize the Chairman to execute the Utility and Access Easement Agreement; 3. Authorize staff to prepare related vouchers and Warrants for payment; and, 4. Direct the County Manager or his designee to follow appropriate closing procedures and record the Utility and Access Easement in the official records of Collier County, Florida. Prepared by: Corinne Trtan, Project Manager, Public Utilities Planning and Project Management Attachments: 1. Utility and Access Easement Agreement 2. Appraisal 3. Location Map Packet Page -1017- 6/24/2014 16.C.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.3. Item Summary: Recommendation to approve a Utility and Access Easement Agreement with Kensington Park Master Association, Inc., for the acquisition of an easement at its appraised value to accommodate the rehabilitation of a wastewater pumping station, at a total cost not to exceed $900, Project Number 70046 Meeting Date: 6/24/2014 Prepared By Name: TrtanCorinne Title: Project Manager, Public Utilities Engineering 5/30/2014 12:03:25 PM Submitted by Title: Project Manager, Public Utilities Engineering Name: TrtanCorinne 5/30/2014 12:03:26 PM Approved By Name: CampSkip Title: Director - Facilities Management, Facilities Management Date: 6/2/2014 9:42:19 AM Name: HapkeMargie Title: Recycling Coordinator, Solid & Hazardous Waste Management Date: 6/2/2014 11:14:11 AM Name: ChmelikTom Title: Director - Public Utilities Engineering, Public Utilities Engineering Date: 6/2/2014 4:51:10 PM Name: PajerCraig Title: Project Manager, Principal, Public Utilities Engineering Date: 6/2/2014 8:11:17 PM Packet Page -1018- 6/24/2014 16.C.3. Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 6/3/2014 10:55:31 AM Name: JohnssenBeth Title: Director - Wastewater, Wastewater Date: 6/4/2014 4:10:57 PM Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 6/5/2014 12:35:33 PM Name: Joseph Bellone Title: Director - Operations Support, Utilities Finance Operations Date: 6/5/2014 2:46:13 PM Name: YilmazGeorge Title: Administrator - Public Utilities, Public Utilities Division Date: 6/9/2014 8:32:42 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/10/2014 8:41:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/12/2014 1:19:59 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/13/2014 10:48:35 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 10:16:54 AM Packet Page -1019- 6/24/2014 16.C.3. Project: P.S. 147.00 Improvements Folio No.: 52730007457 UTILITY AND ACCESS EASEMENT AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between KENSINGTON PARK MASTER ASSOCIATION, INC., a Florida Non Profit corporation whose mailing address is 5435 Jaeger Road, Suite 4, Naples, Florida 34109 (hereinafter referred to as "Owner"), and the 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, (hereinafter referred to as "CCWSD "), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual non - exclusive Utility and Access Easement over, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement Area ") to the CCWSD for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated purposes on the terms and conditions set forth herein. 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. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement, in the form attached hereto (Attachment "1 "), for the sum of Seven Hundred Ninety Two and no 00 1100 Dollars ($792.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the property, the execution of such instruments which will remove, release or subordinate such encumbrances from the property underlying the Easement Area upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to the CCWSD on or before the date of Closing. 3. Owner agrees to convey the Easement for the purpose of constructing, operating and maintaining utility facilities on lands within the Easement Area. CCWSD shall repair or replace the surface of any lands disturbed within the Easement Area after construction has been completed. 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement for a period not to exceed 60 days. 5. Owner is aware and understands that the "offer" represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that to the Owner's knowledge, the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that to the Owner's knowledge, no hazardous substances have been generate., ,tore., treated -or transfer, ad on the Easement Area except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Packet Page -1020- 6/24/2014 16.C.3. 7. CCWSD shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 8. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. 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. 10. Conveyance of the Easement Area 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. 11. If the Owner holds the property underlying the Easement Area 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 Area before the Easement Area held in such capacity is conveyed to CCWSD, its successors and assigns. (If 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Packet Page -1021- 6/24/2014 16.C.3. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated. Date Property acquisition approved by BCC: AS TO CCWSD: DATED: ATTEST: DWIGHT E. BROCK, Clerk AS TO OWNER DA 7 D: a t W ness. (Signat hfame: , f'G (Print of a} itness igrt�t !61, ,i Nme Deputy Clerk re) /I SF400K Clark may: 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 BY: Tom Henning, Chairman KENSINGTON PARK MASTER ASSOCIATION, a Florida Non Profit corporation By: 22 �1rig2G� Print Name: Title: Packet Page -1022- Approved as to form and legality Assisffin Cf ounty Attorn4 3 6/24/2014 16.C.3. r 0 w a � ►"3 CO � Co y r NYAN WOODS PLAT BOOK 36, PAGES 93 -97 0 o c 20' BUFFER EASEMENT TRACT 1 20' BUFFER EASEMENT ¢ --- - - - - -- - - - -�_- - - - -- - -- off° m / r D i CD/) � — r o (n Co E� Z Ca w t.� m yt� W ( / g2 / y• t.. Vim, o a Cz cn�ojQ.V:0,0ovmm j I p 1 1 1 =O6 0 O En Y u •If r bmv �i m dF O LA N Ch C �EN � C Z N < x _ m O $ Am,r0ZO+ = OG272 amy �C2Dp�C ti �G • z O Uf F. m Zrr"c 3 m °m fn z �C It T• m Om $ m 1 x bo (n . 00 9, m 0 r J a rri "4 rrl 0-a 0 v ucnt�.imw��n m z �_ U CA W Co 4 Z a • q 0 75 PD PDDi tQ v � O K) Z O •cn� m �ii �i= 1 Zrr"c 3 m °m fn z �C It T• m Om $ m 1 x bo (n . 00 9, m 0 r J a rri "4 rrl 0-a 0 v m z Packet Page -1023- CP 6/24/2014 16.C.3. Stantec LEGAL DESCRIPTION Of part of Tract 1, Kensington Park Phase One, Plat Book 21, pages 62 -67, Collier County, Florida. (Pump Station 147 Additional Easement) All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book 21, pages 62 -67, of the public records of Collier County, Florida, being more particularly described as follows; Commencing at the Southeast comer of said Tract 1; Thence along the existing Collier County Utility Easement as shown on said plat of Kensington Park Phase One, North 63 °45'53" West 34.15 feet to the POINT OF BEGINNING; Thence leaving said easement South 53 °43'38" West 42.61 feet; Thence North 36 °1622" West 58.11 feet; Thence along an existing Buffer Easement as per said Plat North 00 °38'53" West 4.79 Feet. Thence North 53 °43'38" East 12.21 feet to a point on said Collier County Utility Easement; Thence along said easement in the following Three (3) described courses: 1. South 36 016'22" East 30.00 feet; 2. North 53 °43'38" East 10.96 feet; 3. South 63 °45'53" East 36.07 feet to the POINT OF BEGINNING. Containing 1540 Square Feet or 0.036 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of said Tract 1, being South 72 °48'54" West. Certificate of authorization #LB -7866. Stantec Consulting Services Inc. Registered Engineers and Land Surveyors By: % Date October 11., 2013 Lance .T l�hi;ler,. Professional Surveyor and Mapper ##LS5627 Not valid unless embossed with the Professional's seal. Ref. 2G -853 Rev to avoid existing buffer easement 11 -14-13 Packet Page -1024- 6/24/2014 16. C. 3. PROJECT: P.S. 147.00 Improvements s COIg/ FOLIO No.: 52730007457 i /V o► FO I �-- I���Ia4Tlb/1� '-' UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of , 2014, by KENSINGTON PARK MASTER ASSOCIATION, INC., a Florida Non Profit corporation, whose mailing address is 5435 Jaeger Road, Suite 4, Naples, Florida 34109, (hereinafter referred to as "Grantor"), to the 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, 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 or assigns.) ` WITNE•SSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valua sideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby cone gr ts, ains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement forcilities a access purposes, over, under, upon, and across the following described lands located in Collier County, ida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and THIS IS NOT HOMESTEAD TO HAVE AND TO HOLD the same unto the excavate, and place or remove materials, including, but not improvements appurtenant thereto or thereunder for the facilities thereon. The easement granted herein shall co lands described above. IN WITNESS WHEREOF, the !Nv rd. oer with the right to enter upon said land, i lines and pipes, and other equipment or trusting, operating, and maintaining utility running with the land and shall burden the these presents to be executed the date and year first above written. NSINGTON PARK MASTER ASSOCIATION, INC., 10\WN a Florida N rrofit corporation, By: Witne (Signature) ci Name: L.9�'�y / !�AI?D me: 1 o -01 *0� (Print or T p�L Title: S �J " -% t NR a� -- (Print STATE OF 1 1 ' Cpl COUNTY Packet Page -1025- � Uri T e foregoing Utility and Ac s5 Easement was ackrtowlqdged before me this .,1D day of 2014 by k LLA l lame), (Title), on til?half of Kensington Park Master Associ ion, Inc. k Florida Non Profit corporation, who is [ ifi personally known to me, or [ ] who has produced as identification. WITNESS my hand and official seal this day of �' 2014. / Z (affix notarial seal) - �2atgeZN "' 13RIGIT BRENNAN ( /f? lick �{ . J (i F r w " MY COMMISSION 8 EE205204 (Print e of Notary Public) ,. EXPIRES June 18. 20116 I�o7laueA,ea vnuiys.mamn� , NOTAW PUBLIC �/ ` / Serial /Commission #:(if any) �S 7 My Commission Expires: -e Packet Page -1025- � Uri 6/24/2014 16.C.3. CO����� e-Y COTilyi� y 01 -17 -2014 Easement Valuation PS 147.00 at Kensington C/O Marlene McLaughlin An easement acquisition is always a partial acquisition. Even if the proposed easement physically covers the entire subject whole property, the underlying fee estate is not acquired. The underlying fee owner still has a beneficial interest in the property. A partial acquisition can involve the physical property or legal rights (such as access rights), or both. An easement is a specifically defined interest (estate) in parent property and is owned by someone other than the owner of the underlying fee simple interest. The easement is for a utility pump station. The size of the utility easement is 1,540sf or 0.036 acres. The valuation of easement is as follows, by taking the researched unit value of Kensington Park the estimated value is $220,000 per acre. The setback areas, buffer areas, mitigation areas and common areas all have a functional utility of 10% of the overall Kensington Park unit value. The unit value is $220,000 x 10% is $22,000 $22,000 x 0.036 acre is $792.00 dollars. The sketch, the easement legal, and map is attached. The estimated value of the easement is $792.00 dollars. —a— Roosevelt Leonard Real Estate Appraiser Packet Page -1026- PREPARED FOR AND PROPERTY OF OLLIER COUNTY BOARD OF COMMISSIONERS ?ELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED U (6 i •1 1 rt LOT 16 m ! o ! N ! LOT 17 V j , � I °) ! U ! L2 S53'43'38'W 42.61 L3 N36' 16'2 'W 58.11 00 N53 43'38 E oQ I LOT 18 30.00 L6 N53'43'38 "E < to L7 m m ! H ! LOT 19 g C I � I Li �I LOT 20 1 N GENERAL NOTES: 1 ! BEARINGS ARE BASED ON THE SOUTH LINE OF TRACT 1 LOT 42 BEING SOUTH 77 48'54' WEST. DIMENSIONS ARE IN FEET ' AND DECIMALS . THEREOF. DIMENSIONS ALONG CURVES ARE: A = DELTA, L = ARC LENGTH, CD = CHORD DISTANCE, T • TANGENT, R = RADIUS, CB = CHORD BEARING P.O.C. — POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY, A.E. = ACCESS EASEMENT, D.E. = DRAINAGE EASEMENT, P.U.E. = PUBUC UTILITY EASEMENT, C.U.E. = COWER COUNTY UTILITY EASEMENT LOT 43 SEE ATTACHMENT FOR LEGAL DESCRIPTION LOT 44 �. C.0 F� PROPOSED EASEMENT P.Q.C. SOUTHEAST CORNER TRACT 1. KESINGTON PARK PHASE ONE PLAT BOOK 21, PAGES 62 -67, \ COWER COUNTY, FLORIDA. I LOT 1 ASHLEY GROVE % 1 CA moo} Cif 0 40 80 SCALE IN FEET I 1 N F DATA LINE BEARING . DISTANCE L1 N63'45'53"W 34.15 L2 S53'43'38'W 42.61 L3 N36' 16'2 'W 58.11 L4 N53 43'38 E 12.21 L5 S36' 16'22E 30.00 L6 N53'43'38 "E 10.96 L7 S63'45'53'E 36.07 L8 NOO'38'53"W 4.79 PLAT BOOK 32, I.OT 2 PAGES 26 -27 t NOT A SURVEY * ** rK APPROVED: 0/13 CLIENT: O R4 C011NTY DESCRIPTION: : OF PART OF TRACT 1, KENSINGTON PARK PHASI U6 3200 n 81b 200 Napier, Fiorftla 1.-W. P.B. 21 PAGES 62-67 COWER COUNTY FLC nr , f Pt�ab M"0 4840 • Fu 239-6433!18 • Watr'5Re muw its r f! >ECr wo. wxec oao� �q r Name 2G _ '310538 tIt" PUUR rAM od 11. 2013 - 13:38:25 Lpin EIN\2156 \tltli c\2156894SS\I. ANCC- M=\ PUUF- S' TAnCIN- PLANS1KENSINGION- PS74712G- 853- $K- DESC- P{JUP- STA --ESi T -PS14 rg r; N O to m a aa) U �o a (N Stantec 6/24/2014 16.C.3. LEGAL DESCRIPTION Of part of Tract 1, Kensington Park Phase One, Plat Book 21, pages 62 -67, Collier County, Florida. (Pump Station 147 Additional Easement) All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book 21, pages 62 -67, of the public records of Collier Ct?unty, Florida, being more particularly described as follows; Commencing at the Southeast comer of said Tract 1; Thence along the existing Collier County Utility Easement as shown on said plat of Kensington Park Phase One, North 63 °45'53" West 34.15 feet to the POINT OF BEGINNING; Thence leaving said easement South 53 043'38" West 42.61 feet; Thence North 36 °16'22 West 58.11 feet; Thence along an existing Buffer Easement as per said Plat North 00 °38'53" West 4.79 Feet. Thence North 53 °43'38" East 12.21 feet to a point on said Collier County Utility Easement; Thence along said easement in the following Three (3) described courses: 1. South 36 °16'22" East 30.00 feet; 2. North 53 °43'38" East 10.96 feet; 3. South 63 045'53" East 36.07 feet to the POINT OF BEGINNING. Containing 1540 Square Feet or 0.036 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of said Tract 1, being South 72 °48'54" West. Certificate of authorization #LB -7866. Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: -- --�'' Date October 11.2013 Lance T Miller, Professional Surveyor and Mapper #LS5627 Not valid unless embossed with the Professional's seal. Ref. 2G -853 Rev to avoid existing buffer easement 11- 14-13 Packet Page -1028- i ! r le, tl n tom.. ••id �" fi - � 'dmt,y, t Al Y *" .ma tm� It 4• � $R�M �, � 'IGxI fit. T�..J �p L < '.. g �ryW j' ,�;, •.rhC s< 4+44#-0 kilt •• fN Yi � •' S1 ,� 1 '� g�''�•' �"d � , '�,� Fob .. �:��� �M3 ;7� tall ZM :~ I, 6 F _ .✓�.