Loading...
Agenda 11/12/2013 Item #16A 911/12/2013 16.A.9. EXECUTIVE SUMMARY Recommendation to approve an Agreement with the Collier County School District to convey Right -of -Way to Collier County for the construction of a sidewalk along the west side of Andrew Drive from the southerly boundary of Shadowlawn Elementary School to Caledonia Avenue. Fiscal Impact: $27 from Fund 101 OBJECTIVE: To capture the westerly portion of Andrew Drive in a Road Right -of -Way, Drainage and Utility Easement which will also provide the County with the ability to construct a sidewalk from the southerly boundary of the Shadowlawn Elementary School property north to the proposed Caledonia Avenue crosswalk. CONSIDERATIONS: The construction of a sidewalk, proximate to the Shadowlawn Elementary School, along the west side of Andrew Drive is being proposed as part of a project administered by the State of Florida Department of Transportation. The Collier County School District has agreed to convey a Road Right -of -Way, Drainage and Utility Easement to the County necessary for the construction of this sidewalk. The cost of the sidewalk construction will be funded by the State of Florida Department of Transportation. FISCAL HYTACT: Recording the Road Right -of -Way, Drainage and Utility Easement in the public records will cost $27.00 which will be paid from general fund 101 Road Maintenance Cost Center 163620. GROWTH MANAGEMENT EAPACT: There is no Growth Management impact associated ^. with this recommendation. LEGAL CONSIDERATIONS: This item has been reviewed 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: 1) Approve the attached Agreement for the conveyance of a Road Right -of -Way, Drainage and Utility Easement from the Collier County School District and authorize its chairwoman to execute same on behalf of the Board; and 2) Authorize the County Manager or his designee, to record the easement instrument in the public records of Collier County, Florida, and to take those measures to ensure the County's performance in accordance with the terms of the Agreement. Prepared By: Sonja Stephenson, Property Acquisition Specialist, Growth Management Division, Transportation Engineering, Right -of -Way Acquisition Attachments: (1) Road Right -of -Way, Drainage and Utility Agreement; (2) Location Map Packet Page -1160- 11/12/2013 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve an Agreement with the Collier County School District to convey Right -of -Way to Collier County for the construction of a sidewalk along the west side of Andrew Drive from the southerly boundary of Shadowlawn Elementary School to Caledonia Avenue. Fiscal Impact: $27 from Fund 101 Meeting Date: 11/12/2013 Prepared By Name: StephensonSonj a Title: Property Acquisition Specialist,Transportation Eng 10/16/2013 11:10:07 AM Submitted by Title: Property Acquisition Specialist,Transportation Eng Name: StephensonSonja 10/16/2013 11:10:09 AM Approved By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 10/16/2013 1:19:32 PM Name: KhawajaAnthony Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management Date: 10/16/2013 1:44:20 PM Name: NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 10/16/2013 3:22:59 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr n Date: 10/18/2013 7:58:55 AM Packet Page -1161- Name: ShueGene Date: 10/18/2013 9:12:27 AM Name: LynchDiane Title: Administrative Assistant Date: 10/18/2013 9:49:23 AM Name: KearnsAllison Date: 10/21/2013 9:32:57 AM 11/12/2013 16.A.9. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 1 0/22/2013 12:57:26 PM Name: HendersonHarry Title: Review Appraiser,Transportation Engineering & Construction Management Date: 10/23/2013 7:51:58 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/24/2013 8:17:09 AM Name: KlatzkowJeff Title: County Attorney Date: 10/24/2013 9:14:30 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/30/2013 4:27:31 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/30/2013 4:55:01 PM Packet Page -1162- 11/12/2013 16.A.9. PROJECT: Miscellaneous Project - 99999 (FPID #: 428254- 1- 52 -01) PARCEL No(s): 276RDUE FOLIO No(s): 61842800009 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this IV day of Ck.-& " , 20 !'�L, by between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775 Osceola Trail, Naples, Florida 34105 (hereinafter referred to as "Owner'), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c% the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non - exclusive Road Right -of -Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. 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: 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 Agreement. 2. Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the 'Closing." 3. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. 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. 5. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this 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. 6. This Agreement is governed and construed in accordance with the laws of the State of Florida. Packet Page -1163- G 11/12/2013 16.A.9. IN WITNESS WHEREOF, the parties hereto have executed this Agreement 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 Georgia A. Hiller, Esq. Chairwoman Approved as to form and legality: Assistant County Attorney AS TO OWNER: DISTRICT SCHOOL BOARD OF , �� S/� DATED:_ / COLLIER COUNTY, FLORIDA v �y Witness (Signature) Bar ara Berry, air L". 2 i/'-P- N%ame (Print or Type) Witness (Signature) Name (Print or Type) pproved as to form and legality: Ph ne eral Council Last Revised: 6WO13 Packet Page -1164- 11/12/2013 16.A.9. PROJECT AND PARCEL NO. 99999- 276ROUE (FPID #: 428254- 1- 52 -01) PARENT TRACT FOLIO NO. 61842800009 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) P —L-• -- The South 515 feet of the East 30 feet of the following described property:: The East Half of the West 641.7 feet and the south Half of he West 641.7 feet of Lot 129, Naples Grove and Truck Company's Little Farms No. 2, according to the plat thereof recorded in Plat Book 1, Page 27 of the public records of Collier County Florida, and The West Half, or approximately 643.1 feet of Lots 127 and 128, Naples Grove and Truck Company's Little Farms No. 2, according to the plat thereof recorded in Plat Book 1, Page 27 of the public records of Collier County, Florida 11/12/2013 16.A.9. Packet Page -1166-