Agenda 11/12/2013 Item #16D 5^. EXECUTIVE SUMMARY
11/12/201-3 16.D.5.
Recommendation to approve and execute the document necessary to convey an airspace
easement to the City of Naples Airport Authority over County property at the Gordon
River Greenway Park.
OBJECTIVE: To convey a Naples Municipal Airport Avigation & Hazard Easement (Avigation
Easement) for compensation in the amount of $150,000.
CONSIDERATIONS: The Avigation Easement ensures that the airspace over County -owned property
continues to be an unobstructed passage for the landing zones at the City of Naples Airport (Authority).
Pursuant to the terms outlined in Section One of the Avigation Easement, the Authority shall pay Collier
County the sum of $150,000. The funds shall be utilized to assist in the removal or reduction of exotic
and other vegetation that exceeds the height restrictions as described in the Collier County Land
Development Code, Section 4.02.06- Standards for Development in Airport Zones. Collier County, at its
sole expense, shall be responsible to ensure the airspace above the imaginary plane depicted in Exhibit
"B" of the Avigation Easement remains unimpeded by structures, buildings or trees. The Naples Airport
Authority provided Exhibit B, which is a depiction of the aircraft approach surfaces for each of the Naples
Municipal Airport's runways and the airport. The specific approach surfaces that applies to the Avigation
Easement is for the approach to Runway 14 (top left portion of Exhibit `B "). The approach surfaces
include the approach, transitional, primary, horizontal, and conical surfaces. The approach zone height for
Runway 14, in accordance with Collier County's Land Development Code, is 34:1. The 34:1 is an
imaginary plane that starts 200 feet from the runway threshold and goes up vertically one foot for every
34 feet horizontally until it reaches 159 feet (horizontal surface).
The Location Map identifies two (2) aerials. The top portion further describes Exhibit "A ", the subject
easement area. The lower portion of the Location Map shows the properties held by Conservation
Collier, which are not included in the subject easement area.
The County -owned property was acquired with partial funding from Florida Communities Trust (FCT)
and is subject to certain limitations provided in the FCT Grant Award Agreement. FCT is a signatory on
the Avigation Easement to ensure the terms of their Agreement are being addressed.
A companion item is being processed by Conservation Collier staff to revise the Freedom Park and
Gordon River Greenway Park Land Management Plan to reflect accurate height limitations for structural
and natural obstructions.
Real Property Management's staff appraiser has valued the Avigation Easement at $150,000.
FISCAL IMPACT: The total cost will not exceed $65 for the recording of the Avigation Easement.
Funds in the amount of $65 are available in the FY2014 budget in 174- 178987- 649030. "The $150,000
shall be allocated and deposited as follows: Conservation Collier $39,000, account 179- 178991-
762500.8065 and Parks & Recreation $111,000, account 306- 116360- 80065.
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LEGAL CONSIDERATIONS: Pursuant to Section 333.02, Florida Statutes, the Naples Airport is /1
authorized to remove obstructions within the flight path of approaching or ascending aircraft. In addition,
in Section 4.02.06, of the Land Development Code, the County adopted development standards within
airport zones, and in Appendix. D codified an imaginary plane which determined the height restrictions for
development in airport zones. Although already restricted by state and local law, this Avigation Easement
will limit the County's ability to erect structures or grow trees in excess of the height restrictions as set
forth in Exhibit B. In addition, the County will not be able to put the property to any use that will cause
fumes, dust or smoke, interfere with radio communication, or place lights so as to confuse pilots as to the
location of runway lights. By agreeing to this Avigation Easement, the County will waive all claims that
may arise for damage done to the property by the use of aircraft within the Easement, including claims
against the noise, vibrations and fumes cause by the aircraft, even if the Naples Airport chooses to
increase the size of the aircraft or expand its activities on the Naples Airport property. The terms of this
Avigation easement will remain in force until the Naples Airport ceases to be used for a public airport.
With that said, the Avigation Easement is approved as to form and legality and requires a majority vote
for approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: That the Board of County Commissioners approves the attached Avigation
Easement, authorizes the Chairwoman to execute the document, and directs the County Manager or his
designee to proceed to follow all appropriate closing procedures and record the aforementioned Avigation
Easement in the Public Records of Collier County, Florida and accept the $150,000 and deposit into the
appropriate accounts listed under Fiscal Impact.
PREPARED BY: Toni A. Mott, SR/WA, Manager, Real Property Management, Department of
Facilities Management
Attachment: Avigation Easement
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11/12/2013 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve and execute the document necessary to
convey an airspace easement to the City of Naples Airport Authority over County property at
the Gordon River Greenway Park.
Meeting Date: 11/12/2013
Prepared By
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
10/22/2013 2:42:03 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/22/2013 3:40:00 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 10/22/2013 4:01:11 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 10/23/2013 1:57:36 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 10/28/2013 1:51:09 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/29/2013 11:24:02 AM
Name: KlatzkowJeff
Title: County Attorney
� Date: 10/29/2013 2:02:07 PM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/1/2013 9:44:37 AM
Name: OchsLeo
Title: County Manager
Date: 11/2/2013 10:53:09 AM
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11/12/2013 16. D. 5.
NAPLES MUNICIPAL AIRPORT
AVIGATION
and
HAZARD EASEMENT
AGREEMENT, made November , 2013, between THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the
State of Florida, whose address is Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida 34112, hereinafter called the Grantor, and CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida, whose address is
161 Aviation Drive North, Naples, Florida 34104, hereinafter called the Grantee, its
successors and assigns.
RECITALS
A. Grantor is the owner of certain real property commonly known as the
Greenway and more particularly described and illustrated on Exhibit A attached hereto
(the "Property ").
B. Grantee is the owner of certain real property commonly known as the
Naples Municipal Airport (the "dominant tenement ") and more particularly described on
Exhibit B attached hereto. Exhibit B also depicts the height limitations for airport
hazards over the Property.
C. Grantee desires to acquire certain rights in the Property for the use and
benefit of the public, an easement and right -of -way, appurtenant to the Naples
Municipal Airport for the unobstructed use and passage of all types of aircraft (as
hereinafter defined), in and through the airspace above the Property.
D. Grantor has acquired the Property with partial funding from Florida
Communities Trust (FCT), and the Property is subject to certain limitations provided in
the FCT Grant Award Agreement as recorded in OR Book 4253, Pages 713 -726, and
amended in OR Book 4817, Pages 2217 -2225 in the Official Records of Collier County,
Florida (the "Grant Agreement ")
E. As part and condition of such FCT funding, the Grantor provided, and FCT
approved, a Management Plan for the project site, and together with the Grant
Agreement, the terms of which are hereby incorporated herein by reference.
F. Grantor intends that the conservation and recreation values of the
Property be preserved and enhanced in accordance with the Management Plan, as it
may amended from time to time only after review and approval by FCT.
G. FCT shall approve all leases, easements or other similar documents that
affect property funded by FCT.
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H. The Grant Agreement's restrictions on the FCT funded property are
superior to any other restrictions placed upon the Property.
I. All activities by the Grantor and Grantee shall be consistent with the Grant
Agreement and Management Plan.
J. Grantor, Grantee, and FCT agree that Grantee has a right to enforce
height restrictions pursuant to Section 333.02, Florida Statutes, and the FCT Grant
Agreement and Management Plan are expressly intended to comply with Grantee's
height restrictions, as depicted in Exhibit B.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows:
SECTION ONE. GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the payment to Grantor the sum of One
Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) from Grantee, to be paid as
follows:
a. One Hundred Forty Thousand and 00 /100 Dollars ($140,000.00) on execution
and recordation of this Avigation and Hazard Easement which grants an
easement and right -of -way to the Airport Authority over the Property as
described herein (the "Easement "); and
b. Ten Thousand and 00 /100 Dollars ($10,000.00) upon demonstration to the
Grantee that Grantor, at Grantor's cost and expense, has removed or
eradicated all trees of the genus Casuarina including without limitation C.
cunninhamiana, C. glauca and C. equisetifolia commonly called "Australian
Pine, and further that Grantor has made arrangements to periodically inspect
the Property for regrowth or new growth of Casuarina and remove or
eradicate any regrowth or new growth.
Grantor shall submit to Grantee copies of invoices paid, up to an aggregate
amount of $150,000, by Grantor to remove and eradicate the specified
invasive exotic plants, and a copy of the maintenance contract to remove or
prevent regrowth or new growth.
SECTION TWO. CHARACTER OF EASEMENT
The Easement granted in this instrument is appurtenant to the dominant
tenement, and shall be for the benefit of the real property known as the "Naples
Municipal Airport" ( "Airport") described in Exhibit B, including any additions thereto
wherever located, hereafter made by the City of Naples Airport Authority, or its
successors and assigns, including any and all persons, firms, or corporations operating
aircraft to or from the Airport.
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SECTION THREE. DESCRIPTION OF EASEMENT.
The Easement and burden, together with all things which may be alleged to be
incident to or resulting from the use and enjoyment of this Easement, including, but not
limited to the right to cause in all airspace above or in the vicinity of the surface of the
Property noise, vibrations, fumes, deposits of dust or other particulate matter, fuel
particles (which are incidental to the normal operation of aircraft), and any and all other
effects that may be alleged to be incident to or caused by the operation of aircraft over
or in the vicinity of the Property or in landing at or taking off from, or operating at or on
the Airport is hereby granted; and Grantor does hereby fully waive, remise, and release
any right or cause of action which it may now have or which it may have in the future
against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust,
fuel particles and all other effects that may be caused or may have been caused by the
operation of aircraft landing at, or taking off from, or operating at or on the Airport. As
used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet
aircraft, turbine aircraft, propeller driven aircraft, civil aircraft, military aircraft,
commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or
hereafter developed, regardless of existing or future noise levels, for the purpose of
transporting persons or property through the air, by whoever owned or operated.
The Easement and right -of -way hereby conveyed further grants to the Grantee
the continuing right to prevent the erection or growth upon the Property of any building,
structure, tree, or other object, extending into the airspace above the aforesaid
imaginary plane as depicted in Exhibit B and to remove from the air space at Grantor's
expense or, at the sole option of the Grantee, as an alternative, to mark and light as
obstructions to air navigation; any such building, structure, tree or other objects now
upon, or which in the future may be upon the Property, together with the right of ingress
to, egress from, and passage over the Property for the above purpose.
The Easement and right -of -way conveyed hereby also grants to the Grantee the
continuing right and authority to review and approve all future development or
improvement plans contemplated by Grantor on the Property. Grantor agrees to include
Grantee in any discussions it has with the FAA or FDOT related in any way to the
Airport.
Grantor further agrees and covenants with Grantee that Grantor shall fully
comply with the requirements and provisions of the Collier County Land Development
Code "Standards for Development in Airport Zones" as from time to time amended.
THE GRANTOR, for itself, its representatives, successors, and assigns, does
hereby agree that for and during the term of this avigation easement, it will not hereafter
erect, permit the erection or growth of, or permit or suffer to remain upon the Property (i)
any structure in the Runway Protection Zone which is an airport hazard or (ii) anything
which might create glare or misleading lights, fuel handling and storage facilities, or
smoke generating activities.
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AND for the consideration hereinabove set forth, the Grantor, for itself, its
representatives, successors, and assigns, does hereby agree that for and during the
term of this avigation easement, it will not hereafter erect, permit the erection or growth
of, or permit or suffer to remain upon the Property any building, structure, tree or other
object extending into the airspace above the aforesaid imaginary plane as depicted in
Exhibit B, and that they shall not hereafter use or permit or suffer the use of the
Property in such a manner as to create electrical interference with radio communication
between any installation upon said Airport and aircraft, or as to make it difficult for flyers
to distinguish between airport lights and others, or to permit any use of the Property
that causes a discharge of fumes, dust or smoke so as to impair visibility in the vicinity
of the airport or as otherwise to endanger the landing, taking off or maneuvering of
aircraft. Grantor furthermore waives all damages and claims for damages caused or
alleged to be caused by or incidental to such activities.
It is expressly agreed and understood that the Grantee is a body politic and
corporate, which operates a municipal airport, and is subject to regulation by the
Federal Aviation Administration ( "FAA ") and Florida Department of Transportation
( "FDOT "). Notwithstanding anything in this Easement to the contrary, Grantor shall not
unreasonably withhold authorization, consent, or approval for any activities on the
Property required by the FAA or FDOT for enhancement of public safety.
The Grantee shall not be responsible for any costs or expenses related to the
operation, upkeep or maintenance of the Property.
TO HAVE AND TO HOLD the Easement and right of way, and all rights
appertaining thereto unto the Grantee, its successors, and assigns, until the Naples
Municipal Airport shall be abandoned and shall cease to be used for public airport
purposes.
It being understood and agreed that the aforesaid covenants and agreements
shall run with the land and shall be binding upon the administrators, successors and
assigns of the Grantor until said Naples Municipal Airport shall be abandoned and
cease to be used for public airport purposes.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their seals
this day of November, 2013.
AS TO GRANTOR:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, a political
ATTEST: subdivision of the State of Florida
By:
Dwight C. Brock Georgia A. Hiller, Esq., Chairwoman
Clerk of the Board
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AS TO GRANTEE:
Witness
Print Name
Witness
Print Name
Approved as to form and legality
Emily R. Pepin
Assistant County Attorney
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY
11/12/2013 16.D.5.
CITY OF NAPLES AIRPORT AUTHORITY
By:
Theodore D. Soliday, Executive Director
Rick Mercer, Director, Office of Operations
Land and Recreational Grants Program
Florida Communities Trust
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EXHIBIT "A"
All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of
Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2,
Public Records of Collier County, Florida. (Folio #61947800001);
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LOCATION MAP
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All of Lot 97 of Naples Improvement Company 's Little Farms Subdivision, lying South of
Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, Page 2, Public
Records of Collier County, Florida. ( Folio #61947800001 )
Collier County Conservation Collier Lands
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