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Agenda 04/24/2012 Item #16C54/24/2012 Item 16.C.5. EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement with Jean Cohen, Trustee and accept the donation, by Warranty Deed, of a 5.3 -acre parcel of land on Shady Hollow Boulevard, to be used as a future public water supply well site and for associated Public Utilities purposes, at a cost not to exceed $1,200. OBJECTIVE: The public purpose is to assure the reliability and sustainability of the public drinking water supply by providing land and other property rights for the establishment of well sites and wellfields to adequately supply future water treatment plants to be developed by the Collier County Water -Sewer District ( CCWSD). CONSIDERATIONS: Jean Cohen, Trustee, has agreed to donate, to CCWSD, a 5.3 -acre parcel of land at the southeast corner of Shady Hollow Boulevard and 91} Street NW. This location lies directly along the route of a future raw water pipeline leading from five well sites previously acquired to the west, and the site of the future North East Regional Water Treatment Plant (NERWTP) to the east. The parcel will accommodate additional public water supply wells needed to supply future expansion needs of the NERWTP, and also offers opportunities for mitigation and other associated Public Utilities purposes. A Location Map is attached. Real Property Management's staff appraiser has valued the parcel at $26,500. Mrs. Cohen has agreed to convey the parcel by Warranty Deed to CCWSD at no cost, provided that CCWSD assumes responsibility for payment of all acquisition transaction costs, including a $450 administrative fee required to release the parcel from the encumbrance of certain Collier County Code Enforcement liens affecting a separate Collier County property held by the same owner. As a companion item, Growth Management Division is requesting Board approval for the partial release of these liens for the donated parcel only. The results of an Environmental Screening Report prepared by the County's Conservation Collier staff are favorable for the uses for which the parcel is to be utilized. This acquisition is consistent with the 2008 Water Master Plan Update, Project 70908 — NERWTP Wellfield Expansion Land Acquisition, Table 8 -2, line 27, adopted by the Board on June 24, 2008, as Agenda Items l OB and IOC. FISCAL IMPACT: Acquisition costs for the 5.3 -acre donated parcel will not exceed $1,200 ($450 for Code Enforcement administrative fee, $700 +/- for title costs, and $50 +/- for recording fees and miscellaneous costs). Funding is available in, and is consistent with, the FY 2012 Capital Budget, approved by the Board on September 22, 2011. Funds are available in Project 70908. The source of funding is Water impact fees, Fund 411. This item is related to the purchase of land that may be used for future wells to provide a raw water supply for the Northeast Regional Water Treatment Plant. Operating costs should not be realized until a determination is made of the number of wells that can be placed on this site, the site is improved, and the proposed wells installed. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Growth Management Plan to ensure the adequacy and availability of viable public facilities. Packet Page -903- 4/24/2012 Item 16.C.5. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -- JBW RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governinz Board of the Collier County Water -Sewer District: 1. approve and authorize the Chairman to execute the attached Donation Agreement; and 2. accept the attached Warranty Deed; and 3. authorize the County Manager or his designee to follow all proper closing procedures, close the transaction, and record the Warranty Deed and any and all necessary documents to obtain clear title to the parcel in the Public Records; and 4. approve processing of an interfund transfer to Code Enforcement for the $450 administrative fee. Prepared By: Hans Russell, Sr. Property Acquisition Specialist Real Property Management — Department of Facilities Management Packet Page -904- 4/24/2012 Item 16.C.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5. Item Summary: Recommendation to approve a Donation Agreement with Jean Cohen, Trustee, and accept the donation, by Warranty Deed, of a 5.3 -acre parcel of land on Shady Hollow Boulevard to be used as a future public water supply well site and for associated Public Utilities purposes at a cost not to exceed $1,200. Meeting Date: 4/24/2012 Prepared By Name: RussellHans Title: Property Acquisition Specialist, Senior,Facilities 3/30/2012 10:26:43 AM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 3/30/2012 11:11:07 AM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 3/30/2012 12:02:49 PM Name: Paul Mattausch Title: Director - Water,Water Date: 4/2/2012 9:36:50 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engineering Date: 4/3/2012 5:22:12 PM Name: AbbottAlicia Title: Project Manager,Public Utilities Engineering Date: 4/4/2012 10:02:19 AM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Packet Page -905- Date: 4/4/2012 12:25:04 PM 4/24/2012 Item 16.C.5. Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 4/5/2012 1:56:34 PM Name: ChmelikTom Title: Project Manager, Principal,Public Utilities Engine Date: 4/5/2012 3:17:51 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/5/2012 4:01:53 PM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 4/6/2012 6:36:17 PM Name: KlatzkowJeff Title: County Attorney Date: 4/12/2012 8:59:45 AM Name: UsherSusan Title: Management/Budget Analyst, Semor,Office of Manage Date: 4/16/2012 2:40:32 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/17/2012 10:43:07 AM Packet Page -906- • • � a } I ' Is �. `} P 5 £ 5 E i ro u S 1 EP 14- �� 92 } I ' Is �. `} P 5 £ 5 E i ro u S 14- NE Wellfield FOLIO NUMBER: 39440160005 DONATION AGREEMENT 4/24/2012 Item 16.C.5. THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between JEAN COHEN, Trustee of the Jean Cohen Revocable Trust dated 9/28176, (hereinafter referred to as "Owner"), whose mailing address is P.O. Box 654, Bonita Springs, Florida 34133 -0654, 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, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "County "). WITN ESSETH: WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof as Recorded in Plat Book 7, Page 92, of the Public Records of Collier County, Florida; and WHEREAS, Owner desires to convey the Property to County on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property 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. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. With the exception set forth in Paragraph 3 hereof, 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 Packet Page -908- 4/24/2012 Item 16.C.5. encumbrances from the Property 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. 3. Owner and County acknowledge the existence, upon the public record, of certain Code Enforcement liens encumbering the Property arising from actions related to other property within Collier County now or formerly held by Owner, and County agrees to assume all cost and expense associated with obtaining a release of the Property from the force and effect of said Code Enforcement liens. 4. Closing shall occur within thirty (30) days from the date County executes this Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of Owner's representations under Paragraph 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by County. All other costs associated with this transaction shall be borne and paid by County. 9. Owner and County acknowledge and agree that the value of the Property, as determined by a licensed real estate appraiser employed by County, is Twenty -Six Packet Page -909- 4/24/2012 Item 16.C.5. Thousand, Five Hundred and no /100 Dollars ($26,600), and that the Property is to be utilized by County for a valid public purpose. 10. 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. 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement 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. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated: DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: FT -9 ATTEST; DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Je fifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman 3 Packet Page -910- AS TO OWNER: DATED: 3 WITNESSES: Witness O(Signature) t Witness #1 ('Print Na e) W nes 2 (Signature) ���� II , A * Doc � 0— Witness #2 (Print Name) 4/24/2012 Item 16.C.5. �V� C4� JEA OHEN, Trustee of the Jean Cohen Revocable Trust dated 9/2886 4 Packet Page -911- NE Wellfield FOLIO NUMBER: 39440160005 WARRANTY DEED 4/24/2012 Item 16.C.5. THIS WARRANTY DEED is made this -2014 day of MA lzcN 2012, by JEAN COHEN, Trustee of the Jean Cohen Revocable Trust dated 9128176 whose address is P.O. Box 654, Bonita Springs, Florida 34133 -0654, (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 post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 -5356 (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 and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: Tract 3, Unit 52 Golden Gate Estates, according to the Map or Plat thereof as Recorded in Plat Book 7, Page 92, of the Public Records of Collier County, Florida Subject to easements, restrictions, and reservations of record. THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. Packet Page -912- 4/24/2012 Item 16.C.5. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature o-! �.- (Printed Name (Sign t ) (Printed Name) STATE OF FLORIDA COUNTY OF b� N"t'j JEAN CO N, Trustee of the Jean Cohen Re cable Trust dated 9/28176 The foregoing Warranty Deed was acknowledged before me this_ day of 2012 by JEAN COHEN, Trustee of the Jean Cohen Revocable Trust dated 9/28/76, who is personally known to me or who has produced �rc,�, as identification. "'^� (affix notarial seal) TOREY LYN w NOTARY Pusuc STATE OF FLORM comet# EE188M AWIP E*rss 21312046 Approved as to form and legal sufficiency: Jennifer . White, Assistant County Attorney (Signat re of Public) (Print Name df Notary Public) NOTARY PUBLIC Seriai/Commission My Commission ExpiresQ -17 (Le Packet Page -913-