Agenda 12/11/2012 Item #16A2112/11/2012 Item 16.A.21.
EXECUTIVE SUMMARY
Recommendation to approve and execute documents necessary for the conveyance of water
utility facilities located in the Linwood Way Right -of -Way to the City of Naples. (Gateway
Triangle Stormwater Pump Station Project #51803).
OBJECTIVE: To obtain approval by the Board of County Commissioners (Board) of a Bill of
Sale and Owner's Affidavit to facilitate conveyance to the City of Naples those certain water
utility facilities (including fire hydrant, gate valve, pipe and all relevant appurtenances thereto)
installed in connection with the County's Gateway Triangle Stormwater Improvement Project
451803 and constructed within the Linwood Way right -of -way.
CONSIDERATIONS: On December 15, 2009, as Agenda Item 10E, approval was given by the
Board to proceed with construction on the Gateway Triangle Stormwater Project Phase 2.
Within the projected scope of work the project included installation of a new fire hydrant, pipe,
gate valve and relevant appurtenances thereto. The facilities were constructed within the
Linwood Way right -of -way and include connection to the existing water main service to provide
water flow to the new fire hydrant.
The City of Naples Utilities Department will be providing the additional water utility service to
the newly installed fire hydrant located within the Linwood Way right -of -way (immediately
adjacent to the southern boundary of the property located at 2411 Francis Avenue). As a
condition to providing these additional services, the potable water line facilities constructed by
the County and running from the Linwood Way right -of -way to a connection point within the
City of Naples' Utilities, and all relevant appurtenances thereto, are to be conveyed to the City of
Naples for future service and maintenance on the lines. A location map is attached for reference.
The Bill of Sale and Owner's Affidavit used to facilitate this conveyance are City of Naples
approved forms and have been conceptually approved by the City Attorney.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $27.00 and will be charged
to fund 325 for the Gateway Triangle Stormwater Pump Station. Source of funds are ad
valorem.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires a majority vote for approval. - ERP
RECOMMENDATION: That the Board approve the attached Bill of Sale and Owner's
Affidavit and authorize the Chairman to execute same on behalf of the Board, authorize the
County Manager or his designee to record same in the public records of Collier County, Florida
and authorize the payment of costs associated with the recording of the Bill of Sale.
Packet Page -2330-
12/11/2012 Item 16.A.21.
Prepared by: Joe Delate, Senior Project Manager
Attachments: (1) Bill of Sale; (2) Owner's Affidavit and (3) Location Map.
Packet Page -2331-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21.
12/11/2012 Item 16.A.21.
Item Summary: Recommendation to approve and execute documents necessary for the
conveyance of water utility facilities located in the Linwood Way Right -of -Way to the City of
Naples. (Gateway Triangle Stormwater Pump Station Project #51803).
Meeting Date: 12/11/2012
Prepared By
Name: DelateJoseph
Title: Project Manager, Senior,Transportation Engineering
11/7/2012 3:08:36 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: DelateJoseph
11/7/2012 3:08:39 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/7/2012 3:34:41 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 11/7/2012 4:19:20 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/8/2012 2:57:14 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 11/8/2012 3:37:28 PM
Packet Page -2332-
Name: ShueGene
Date: 11/15/2012 9:01:04 AM
12/11/2012 Item 16.A.21.
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/15/2012 9:09:01 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/16/2012 2:40:29 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/16/2012 3:25:42 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/19/2012 2:52:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 2:44:07 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/28/2012 12:07:19 PM
Packet Page -2333-
12/11/2012 Item 16.A.21.
PROJECT: (Misc.99999)
Gateway Triangle #518031
(Naples Grove and Truck Company's Little Farms area)
PARCEL: 263HPV
BILL OF SALE
THIS BILL OF SALE evidencing the sale and conveyance of the utility facilities
described herein is made this day of , 20 , by COLLIER
COUNTY, a political subdivision of the State of Florida (hereinafter referred to as
"SELLER "), and the CITY OF NAPLES, its successors and assigns (hereinafter referred
to as "BUYER ").
WITNESSETH:
That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to said Seller in hand paid by the said Buyer, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set
over and delivered, and by these presents does grant, bargain, sell, transfer, set over
and deliver until the Buyer, and the Buyer's heirs, successors and assigns forever, all
those certain water utility system(s) or portion(s) thereof ( "Utility Facilities ") described
and located on attached Exhibit "A" within lands and/or public rights of way, together
with appurtenant access approvals and /or easement rights for the operation,
installation, maintenance and replacement of said facilities lying and being in Collier
County, Florida, to wit:
(See Exhibit "A" attached hereto and incorporated by reference herein)
The Seller, for itself and its successors, hereby covenants to and with the Buyer
and its successors and assigns that it is the lawful owner of the said goods and chattels
herein referred to as utility facilities; that it has good right, title and authority to sell
same, and that it will warrant and defend the same against the lawful claims and
demands of all persons whomsoever. Seller and Buyer are used for singular or plural,
as the context requires.
IN WITNESS WHEREOF, SELLER has caused these presents to be executed
the date and year above written.
Signed and delivered in our presence:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Fred W. Coyle, Chairman
Approved as to form
and legal sufficiency:
Assistant County Attorney
Packet Page -2334-
i
12/11/2012 Item 16.A.21.
PROJECT: (Misc.99999)
Gateway Triangle #518031
(Naples Grove and Truck Company's Little Farms area)
PARCEL: 263HPV
All that certain fire hydrant, pipe, gate valve and relevant
appurtenances thereto installed within the Linwood Way Right of
Way, as shown on the attached Record Drawing Sheet for
Gateway Triangle Stormwater Pump Station.
fIB1T A
2--
Packet Page -2335-
AM
:lilt
12/11/2012 Item 16.A.21.
GI
oil
CS
J,
TO i
➢ATE
Y"
A
,
AM
:lilt
GI
oil
CS
TO i
➢ATE
AM
hi
:lilt
GI
oil
CS
hi
:lilt
GI
oil
hi
GI
EXHIBIt
Packet Page -2336-.
12/11/2012 #tart 1-6.A.21.
PROJECT: (Misc.99999)
Gateway Triangle #518031
(Naples Grove and Truck Company's Little Farms area)
PARCEL: 263HPV
OWNER'S AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF COLLIER
BEFORE ME, the undersigned Deputy Clerk, on this day appeared Fred W.
Coyle, who to me is well known, and having been duly attested, deposes and states:
My name is FRED W. COYLE. I am over the age of twenty -.one (21) years, am
otherwise sui juris, and have personal knowledge of the facts asserted herein.
I am the Chairman of the Board of County Commissioners for Collier County, a
political subdivision of the State of Florida (the "Owner ") and owner of said road right of
way located at Linwood Way and described on Exhibit "A" attached hereto and
incorporated by reference herein ( "Property ").
This Affidavit is given as an inducement to the City of Naples, Florida, a
municipal corporation of the State of Florida (the "City ") to accept the dedication or
conveyance of the water utility system(s) or portion(s) thereof ( "Utility System(s)")
located within or upon the road right of way described in Exhibit "A" attached hereto and
incorporated by reference herein, said land being located in Collier County, Florida (the
"Property")
All persons, firms, and corporations, including the general contractor, all
laborers, subcontractors and sub - subcontractors, material -men and suppliers, who
have furnished services, labor or materials according to the plans and specifications, or
extra items, used in the construction, installation and/or repair of the Utility Systems on
the Property, have been paid in full and that such work has been fully completed and
unconditionally accepted by the Owner.
No claims have been made to the Owner by, nor are any suit now pending on
behalf of, any contractor, subcontractors, laborer or material -man, and further that no
chattel mortgages or conditional bills of sale have been given or are now outstanding as
to the Utility System(s) placed upon or installed in, above or on the Property.
Title to the subject Utility System(s) or portion(s) thereof and/or easement(s),
being conveyed to the City of Naples are encumbered by the following liens and
mortgages of record: NONE.
I
As and on behalf of the Owner, does for valuable consideration hereby agree
and guarantee, to hold the City of Naples, Florida, a municipal corporation of the State
of Florida, harmless against any lien, claim or suit by any general contractor,
subcontractor, mechanic or material -man, and against chattel mortgages, security
interests or repair of the Utility System(s). Affiant is used as singular or plural, as the
context requires.
Packet Page - 2337 -
12/11/2012 Item 16.A.21.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this day of , 20
Signed and delivered in our presence:
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form
and legal sufficiency:
Assistant County Attorney
Packet Page -2338-
I
12/11/2012 Item 16.A.21.
PROJECT: (Misc.99999)
Gateway Triangle #518031
(Naples Grove and Truck Company's Little Farms area)
PARCEL: 263HPV
All that certain fire hydrant, pipe, gate valve and relevant
appurtenances thereto installed within the Linwood Way Right of
Way,' as shown on the attached Record Drawing Sheet for
Gateway Triangle Stormwater Pump Station.
(HIBIT
OU- --
12/11/2012 Item 16.A.21.
a iZ�, ��,
1 I ;
r v.
1
I �
' 1 1
I F°n
r ( _
it
>
i I
I
fJ -
I ; pp jQj 11II � 1 1 a;
CRY R5, 1 .:. ..
�� J
�F 1��R;�
` D,
e_'�
rn �a $
AA
M R p x
�II c� E�� I � � � g�. pp"�� � � asR� .� IF 9��9 €a� ` "'•�'i:.ac I ` \� m \��c.
R gy •. @a
FXHIBIT
Packet Page -2340-
If
ti
I
7q^
o
J
a iZ�, ��,
1 I ;
r v.
1
I �
' 1 1
I F°n
r ( _
it
>
i I
I
fJ -
I ; pp jQj 11II � 1 1 a;
CRY R5, 1 .:. ..
�� J
�F 1��R;�
` D,
e_'�
rn �a $
AA
M R p x
�II c� E�� I � � � g�. pp"�� � � asR� .� IF 9��9 €a� ` "'•�'i:.ac I ` \� m \��c.
R gy •. @a
FXHIBIT
Packet Page -2340-
Collier County Property Appraiser
12/11/2012 Item 16.A.21. -
A as\, 1 Vl 1
XM
AERIAL
(Showing location of Fire Hydrant and Pump)
5
#Ad
x
a.k
O?
http:// www .collierappraiser.com/webmap" ' °^ 10/23/2012
Packet Page -2341-
n
rAece
!
Search for Percale by
Search Results
_w._ ..
40 Layers
k
t Legend
r
Fire Hydrant
pdnt
+i Horror Pays
.0 Help
(
"� z
.! VOW' � ( � �. � � . a� •
�� �'..
XM
AERIAL
(Showing location of Fire Hydrant and Pump)
5
#Ad
x
a.k
O?
http:// www .collierappraiser.com/webmap" ' °^ 10/23/2012
Packet Page -2341-