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Agenda 01/24/2012 Item #16A121/24/2012 Item 16.A.12. Recommendation to approve an agreement with the Abbington Village Condominium Association providing for. the conveyance of a Drainage Access and Maintenance Easement from the Association to Collier County without compensation. Project No. 51101 Naples Manor North Canal segment of the Lely Area Stormwater Improvement Project (Fiscal Impact $3550) OO&yd=: To obtain an easement required for the installation of a drain pipe with mitered end section under the maintenance pathway along the south side of the Abbington Village Condominium Association property as part of the Naples Manor North Canal segment of the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATIONS: Without the installation of the proposed drain pipe under the maintenance pathway that will be constructed along the north side of the Naples Manor North Canal, stormwater will have no way to drain from the Abbington Village Condominium Association property. The proposed Drainage Access and Maintenance Easement will allow for the construction of a low berm with maintenance pathway along the top and the installation of a pipe with a mitered and section to carry stormwater from the southwest corner of the Association's property, under the maintenance pathway, and into the Canal. A drawing has been attached to illustrate. FISCAL IMPACT: Recording the Drainage Access and Maintenance Easement in the public records will cost $35.50. Source of funds is Ad Valorem taxes. GROW' ,j� MANAGEMENT IMPACT: There is no Growth Management Impact associated with the approval of this executive summary. LEGAL CONSID►Ej TIION& This item is legally sufficient for Board action and requires a majority vote for Board approval. JW RECOMMENDATION; That the Board of County Commissioners of Collier County, Florida: 1. Approve entry into the Agreement with Abbington Village Condominium Association, an unexecuted copy of which has been attached to this executive summary with a legal description appended thereto which will be revised and reduced in size in order to minimize impacts to the Association's property, 2. Authorize its Chairman to execrate said Agreement on behalf of the Board with revised legal description appended thereto after it has been executed by the condominium association president and reviewed and approved as to form and legal sufficiency - -by the County Attorney; and 3. Authorize the County Manager or his designee to record the Drainage Access and Maintenance Easement from the Association to the County in the public records of Collier County, Florida. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Growth Management Division Packet Page -1486- 1/24/2012 Item 16.A.12. Attachments: (1) Agreement between Abbington Village Condominium Association. and Collier . County, not-yet-executed by the Association: (2) Legal Description of Drainage, Access and Maintenance Easement (to be revised); and (3) Exhibit Showing Pipe with Mter€d End Section under Maintenance Pathway. Packet Page -1487- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. 1/24/2012 Item 16.A.12. Item Summary: Recommendation to approve an agreement with the Abbington Village Condominium Association providing for the conveyance of a Drainage Access and Maintenance Easement from the Association to Collier County without compensation. Project No. 51101 Naples Manor North Canal segment of the Lely Area Stormwater Improvement Project (Fiscal Impact $35.50) Meeting Date: 1/24/2012 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 1/11/2012 12:26:26 PM n Submitted by Title: Manager - Right of Way,Transportation Engineering Name: HendricksKevin 1/11/2012 12:26:27 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 1/12/2012 7:00:08 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 1/12/2012 7:44:34 AM Name: CoxShane Title: Project Manager, Senior,Transportation Engineering Date: 1/12/2012 9:43:29 AM Name: LynchDiane Title: Administrative Assistant Packet Page -1488- 1/24/2012 Item 16.A.12. Date: 1/12/2012 10:23:19 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 1/12/2012 11:04:43 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/12/2012 11:37:11 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/12/2012 2:02:24 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 1/12/2012 2:36:20 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/13/2012 4:38:05 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/17/2012 9:13:08 AM Name: OchsLeo Title: County Manager Date: 1/17/2012 9:50:30 AM Packet Page -1489- 1/24/2012 Item 16.A.12. 3NI 7 -107/ ZZ C� LQ IL ZE z l0 "094 -9 Z RI CE LU Z 4n 'J 05 r�' Lf Z Ch Z a 40 ycy Lu QD 4 LLI :5 a C/) "I'll Al Z M z 0 'o LL LU CL U) Co CrJ z W G LU C-) A w SSY 6 IL Z J cgt) - '-'+• -; (n X W Q Ln (3 5?. LL, kn ZE lu . . . . . . . . . . . . . . . .... All Packet Page -1490- 1/24/2012 Item 16.A.12. 3NI 7 -107/ ZZ C� LQ IL ZE 1/24/2012 Item 16.A.12. PROJECT: LASIP 51101 (Naples Manor North Canal) PARCEL No(s): 261 DE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 20 , by and ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for- profit corporation, whose mailing address is c/o Guardian Property Management, 6704 Lone Oak Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association ") and 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 "County "). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Perpetual, Non - exclusive Drainage Access and Maintenance 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 monetary 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: 1. 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. 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 Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. Packet Page -1491- 1/24/2012 Item 16.A.12. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the County; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for an additional term not exceeding ninety (90) days without further Board action. All additional extensions must be Board approved. At Closing, Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. 6. County shall, as part of its Canal Improvement project, relocate onto Owner's property, south and west of Building G and North and East of the Easement, the large Royal Palm presently located within the proposed Easement area. 7. 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. 8. 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. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Last Revised: 03/30/11 Packet Page -1492- 1/24/2012 Item 16.A.12. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO ASSOCIATION: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) Approved as to form and legal sufficiency: Jeff Wright Assistant County Attorney Last Revised: 03/30/11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for - profit corporation By: (Signature) (Print full name) (Corporate Title) Packet Page -1493- 1/24/2012 Item 16.A.12. LEGAL DESCRIPTION PARCEL 261 DAME - DRAINAGE, ACCESS AND MAINTENANCE EASEMENT A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION 20, NO2'46'34 "E FOR A DISTANCE OF 112.34 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A DRAINAGE EASEMENT, AS SHOWN ON THE PLAT OF LELY GOLF ESTATES ST. ANDREWS WEST, RECORDED IN PLAT BOOK 10, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, S39'06'20 "E FOR A DISTANCE OF 15.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S39- 06 -20 "E FOR A DISTANCE OF 33.34 FEET; 2) THENCE SBW30'52 "E FOR A DISTANCE OF 32.44 FEET; THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, N39'06'20"W FOR A DISTANCE OF 61.66 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF A 10.00 FOOT WIDE UTS EASEMENT, PER ABBINGTON VILLAGE, A CONDOMINIUM, RECORDED IN CONDOMINIUM BOOK 35, PAGE 15 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LITS EASEMENT, SOZ47.10 -W FOR A DISTANCE OF 37.44 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 1440.3 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW JULY 21 2011 G Zr�1/ M HAEL A. WARD DATE SI NED FLORIDA PROFESSIONAL LAND SURVEYOR CERTIFICATE No. LSD/ 5301 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. DOMP a4W) \W= lbkF Ard WW Dwoebtlsn �--ft Ob A M► D—VA— T, Li3IP — NAPLES YANOR NO= CANAL "DIX TA DESCRIPTION EPARCE-IL 266DAME j `,g ki ED FOR: COLLIER COUNTY e610 VAIM t� 0*0, auk.2w Na". Fim a4tm M 507-0575 PAX: MR 507.0570 MBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY LS Nw 59D FILE NAME SHEET 01.00 0 20 50S 26E N/A 6/2/11 R.A.K. DE01 1 of 2 rar'C -1&+7.+- N W E s 0 20 40 GRAPHIC SCALE 1'-40- tA n b v U1 O N A PORTION OF TRACT J, O.R. 1108 PG. 140 ^1 . N M m DRAINAGE 37,44' EASEMENT PER SOZ'47'10"W P.B. 10 PG. 93 S39'D6'20'E 15.01' ni N ' O v' N O! N n � m r 1/24/2012 Item 16.A.12. ABBINGTON VILLAGE CONDOMINIUM BOOK 35, PG. 15 \ POB PARCEL266DAME O.R. 3508 PG. 3204 PARCEL NO. 55150580008 SECTION 19 TWP. 50S RGE. 26E SECTION 30 TWP. 50S RGE. 26E O.R. 3508 PG. 3204 / PARCEL N0. 55150680008 O.R. 2318 PG. 2263 PARCEL NO. 00439400006 1440.3 SF ` �0 S89'30'52 "E 32.44' pl.0 r1 °m 10' UTS EASEMENT m ~ -PER C.B. 35 PG. 15 � v z a ' o m SECTION 20 TWP. 50S RGE. 26E SECTION 29 TWP. 50S RGE. 26E POC S.W. CORNER OF SECTION 2D LAKE PER P.B. 3 PG. 57 NAPLES MANOR UNIT NO. 1 LEGEND POC = POINT OF COMMENCEMENT POB - POINT OF BEGINNING O.R. = OFFICIAL RECORDS BOOK PG. PAGE P.B. = PLAT BOOK C.B. = CONDOMINIUM PLAT BOOK NO. = NUMBER SF = SQUARE FEET ® = DRAINAGE EASEMENT (DE) / , 2% 2011 1f.1) W NAM%0 W "f.W AW" Nnr *06 VMd Dry, (LAM %%* 04 Sb" AW PROJECT: LAW - NAPLES MANOR NORTH CANAL SKETCH OF LEGAL DESCREMON AM 9 BLOCK 2 NAPLES MANOR UNIT NO. 1 P.B. 3 PG. 57 S PARCEL 266DAME 9910"" P.8 G N0, S,0200 N9FW, Fbfih 84100 PREPARED FOR., COLLIER COUNTY P7 9.: Red W-DRS FAX: MM 597•o548 LB No.: 5952 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE I SCALE DATE DRAWN BY FILE NAME 990220.01.OD 0 20 50S I)RF i" = An , / ')/11 R.A.K. DE01 PaCKet Page -1495-