Agenda 12/11/2012 Item #16C312/11/2012 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve a Utility and Access Easement for the acquisition of additional
easement area at no cost from ARCFLSV, LLC, to accommodate improvements to Pump Station
310.01, Project Number 70046.
OBJECTIVE: That the Board of County Commissioners (Board), as the Governing Body of
Collier County and Ex- Officio the Governing Board of the Collier County Water -Sewer District
(CCWSD), accept the donation of a Utility and Access Easement from ARCFLSV, LLC, which
is necessary for the operation, maintenance and newly constructed improvements to Pump
Station 310.01.
CONSIDERATIONS: Collier County Public Utilities Division is continuing its program to
upgrade pumping stations that require repairs, technology updates, pump replacements, electrical
efficiency enhancements, odor control and reliability upgrades. Upon completion of the
construction of the aforementioned improvements at Pump Station 310.01, which included the
installation of a new fence surrounding the pump station, a survey was performed. The survey
revealed that a portion of the improvements and three sides of the new fence were located two
feet outside of the existing 20' x 20' easement. An additional 128 square feet of easement area is
needed on three sides of the existing easement to accommodate the new infrastructure and fence.
The property owner approved and executed a Utility and Access Easement for the 128 square
feet and is willing to donate the additional easement area.
Attached are a location map, illustrating the location of Pump Station 310.01, and an as -built
sketch. The as -built sketch depicts both the existing and proposed utility easements.
Upon acceptance by the Board and recordation of the Utility and Access Easement, the final
payment to the contractor, which has been withheld pending the acquisition of the additional
Utility and Access Easement area, will be released.
FISCAL IMPACT: There are no costs to the Collier County Water Sewer District associated with
this action.
LEGAL CONSIDERATIONS: The County typically requires a subordination agreement from the
mortgage holder for this type of transaction. I have been advised that this note on this
development was bundled with other notes into a $1.5 billion security instrument. The owner
(who is donating the easement) is unable to secure a subordination absent having to pay legal
costs far in excess of the value of this 128 square feet. The purpose of a subordination
agreement is to protect the County in the event of a foreclosure. Should there be a foreclosure,
there is the possibility of the County having to later acquire the 128 square feet (which again is
being donated). Since we are having to do this because the contractor built outside the original
easement area, the County Attorney has advised staff to deduct certain fees from the final
payment to the contractor incurred as part of the acquisition process for the additional easement
area e.g.: Real Property hourly rate billing charges for their work as the real estate transactional
agents from the final payment to the contractor, and the cost of recordation of the Utility and
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12/11/2012 Item 16.C.3.
Access Easement. With that said, this item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. -JAK
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing
Board of the Collier County Water -Sewer District:
1. Accept the Utility and Access Easement; and,
2. Direct the County Manager or his designee to proceed to acquire the Utility and
Access Easement, and to follow appropriate closing procedures and record the Utility
and Access Easement in the Public Records of Collier County, Florida.
Prepared By: Marlene J. McLaughlin, Senior Property Acquisition Specialist
Real Property Management/ Facilities Management Department
Attachments: 1. Utility and Access Easement
2. Location Map
3. As built sketch
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12/11/2012 Item 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve a Utility and Access Easement for the
acquisition of additional easement area at no cost from ARCFLSV, LLC, to accommodate
improvements to Pump Station 310.01, Project Number 70046.
Meeting Date: 12/11/2012
Prepared By
Name: DeltoroZamira
Title: Project Manager,Public Utilities Engineering
11/15/2012 1:40:42 PM
Submitted by
Title: Project Manager,Public Utilities Engineering
Name: DeltoroZamira
11/15/2012 1:40:44 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 11/15/2012 2:32:17 PM
Name: Steve Messner
Title: Plant Manager,Water
Date: 11/15/2012 3:21:45 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 11/16/2012 3:26:17 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 11/19/2012 3:08:00 PM
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12/11/2012 Item 16.C.3.
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineeri
Date: 11/19/2012 4:12:26 PM
Name: Susan Jacobs
Title: Operations Analyst, Public Utilities
Date: 11/20/2012 10:16:14 AM
Name: JohnssenBeth
Date: 11/20/2012 10:37:48 AM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 11/21/2012 9:27:42 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/21/2012 2:12:51 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 11/22/2012 10:41:21 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2012 9:02:06 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/26/2012 9:37:12 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/27/2012 3:07:05 PM
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12/11/2012 Item 16.C.3.
Collier County Water -Sewer District Project: Lift Station 310.01 Rehabilitation
Parcel folio number: 00293400006
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT (hereinafter referred to as the "Easement ") is
made and entered into on this 12th day of October, 2012 by and between ARCFLSV LLC, a
Delaware limited liability company, whose mailing address is 4643 S. Ulster Street, Suite 400,
Denver, Colorado 80237 as Grantor, 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112, its successors and assigns, as Grantee.
(Whenever used herein the terms "Grantor" and "Grantee include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns,"
WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and
assigns, a perpetual, non- exclusive easement for utility and access purposes, over, under,
upon, through and across the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon
said lands, excavate, and place or remove materials including, but not limited to, water,
wastewater and sanitary sewer lines and pipes, and other equipment or improvements
appurtenant thereto or thereunder, for the purpose of constructing, operating, and maintaining
utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context
requires. The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from
its ownership of the real property described in Exhibit "A" against which this easement is being
granted, including the right to engage in or permit or invite others to engage in all uses of the
same real property that are not inconsistent with the purpose of the easement being granted
herein or hinder the use of the easement being granted herein.
The Grantee shall maintain the easement described herein in a good state of repair at the sole
cost and expense of Grantee, its successors and assigns.
Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought
or made for or on account of any injuries or damages received or sustained by any person or
persons or property, arising out of, or occasioned by, the negligence of Grantee in connection
with use of the easement described herein and /or any permitted equipment or improvements
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12/11/2012 Item 16.C.3.
owned by Grantee within the easement granted herein. Grantee shall promptly repair at its
expense any damage to the easement or any other property not owned by Grantee, caused by
Grantee exercising its rights under this easement. In the event that Grantee causes damage to
the easement or any other property, real or personal, not owned by Grantee in the exercise of
the privilege granted herein, Grantee agrees to restore the easement or property so damaged to
its original condition at Grantee's expense. Maintenance of the easement and permitted
equipment or improvements located herein shall be performed in a manner that is minimally
intrusive to grantor's business, property and improvements. Notwithstanding anything
contained herein, Grantor shall have no liability for maintenance or repair of any permitted
equipment or improvements.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signakire)
(Print or Type Name)
Witness (Signature)
(Print or Type Name)
STATE OF: -iL-
COUNTY OF'�
ARCFLSV LLC, a Delaware limited
liability company
Print Name: r r S�. <1 �f
Print Title: e 4-
The foregoing Utility and Access Easement was acknowledged befo,rpe me this /Zday
of -A ?' , 2012, by (name) f,�n �S, i 7 -i — , (title) r
on behalf of ARCFLSV LLC, a Delaware limited liability company, who is personally known
me or who has produced as identification.
(affix notarial sea])
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(If any)
My Commission Expires:
Approved as to form & legal sufficiency
Assists rat Counfyllktorney
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12/11/2012 Item 16.C.3.
Exhibit "A"
See attached
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,®
12/11/2012 Item 16.C.3.
P.O.C.
NORTHEAST CORNER OF THE SOUTH 1/2
OF 7HE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 114 OF SECTION
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
THE EAST LINE OF THE SOUTH 1/2 - - -___
OF THE SOUTH 1/2 OF THE NORTHWEST �.
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
3
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SCALE: 1 " = 10'
2' WIDE SEWER PUMP
STATION EASEMENT
N89'03'29 'E 22.00'
-- 500'03'26 "W 2.00'
S89'03'29 "w 20.00' _
��O B
2' WIDE SEWER PUMP STATION EASEMENT
c i �0 NORTHEAST CORNER -
O F
w� ( EXISTING PUMP
STATION EASEMENT
`o (OR 1466, PG 2150)
o!
0) 10
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I
2' —" t—'► --
N89'03'29 -E 20,00'
—
L----------
S89'03'29 "w 22.00'
SOO'03 "26 "W 2.00'
DESCRIPTION
EXISTING
PIPELINE EASEMENT
(OR 1466, PG 2150)
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•min UN ➢AGE..-.
Professional enpneera. planners, & land surveyors
cam.. a.-atn anti aaa. rasa nr..l r..a. Xv ; N.er•.. n. alas 404th" -attt
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NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
ESCRIPTION: SEWER PUMP STATION EASEMENT
LIENT: COLLIER COUNTY
SCALE: 1" = 100' DATE: 1 DEC. 2011
DRAWN BY: VA PROJECT NO.: 11 -0116
ACRD NO: 10681 -SD FILE NO: 10681
N :\Land ProjecM\11 -0116 PUI Packet Page - 2845- tA- 3UNKx*q, 12/1[20111:05:42 PM, v.agnofi, 1:10
12/11/2012 Item 16.C.3.
DESCRIPTION OF A 2' WIDE SEWER PUMP STATION EASEMENT
A 2 FOOT WIDE 'SEWER PUMP STATION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART DFj THE
SOUTH 1/2 OF THE SOUTH 112 Or THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF .SECTION
TOWNSHIP 49 SOUTH, RANGE 26 EAST , COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; I
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORT�VCST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31, THENCE SOUTH 00'0326" WEST ALONG THE E ST LINE
OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 IF
SECTION 31 A DISTANCE OF 82.00 FEET TO THE NORTHEAST CORNER OF AN EXISTING PUMP STA IDN
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1466, PACE 2150, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE 2* WIDE EASEMENT HEREIN BEI G
DESCRIBED;
THENCE ALONG THE NORTH, WEST AND SOUTH LINES OF SAID EX157ING -PUMP STATION - EASEME0, THE
FOLLOWING {3) COURSES;
THENCE SOUTH 89'03'29" WEST 20.00 FEET:
THENCE SOUTH 00'03'26- WEST 20.00 FEET;
THENCE NORTH 89'03'29" EAST 20.00 FEET;
THENCE SOUTH 00'03'26" WEST ALONG SAID EAST LINE A DISTANCE OF 2.00 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89'03'29" WEST A DISTANCE OF 22,00 FEET;
THENCE NORTH 00'03'26" EAST A DISTANCE OF 24.00 FEET;
THENCE NORTH 89'0329" EAST A DISTANCE OF 22.00 FEET TO AN INTERSECTION WITH SAID EAST LINE:
THENCE SOUTH OD'03'26" WEST A DISTANCE OF 2.00 FEET To THE POINT OF BEGINNING OF THE I2' WIDE
EASEMENT HEREIN DESCRIBED;
CONTAINING 1.28 SOUARE FEET OF LAND. MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, BARBER & B#2 DAGE, INC.
PROFESSIONAL ENGINE , PLANNERS & SURVEYORS AND MAPPERS
GUY P. ADAMS, P.S.M.
ABSTRACT NOT
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. - P,O.B. = POINT OF BEGINNING.
3. P.O.C. - POINT OF COMMENCEMENT,
A. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE, NAD 83/90
DATUM AND REFERENCED TO THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTH 112 OF HE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 49 SOUTH. RANGE 2 EAST.
COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'03'26° WEST.
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH S EET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEME T
: -0 -0-0 CLIENT: COLLIER COUNTY
aiwr• GNOL]
gown
iiiii ARBEA, &
r00uu
iiiiiu�UNDAGE.ac.
Yroi...-nnl engineers, ylam—' & land surveyors ..SCALE: 1° = 100 DATE: 1 DEC 2011
n M100 DRAWN BY: VA PROJECT NO.: 11 -01169
Gfll(ISA. .1 AYtYmwL.n Naa. 18 iM4 At0 A 9liA )u'. IMtJ1MOtl6
ACRD NO: 10681 -SLj 'FILE O: 10681
N :\Land Projeets\11 -0116 R Packet Page - 2846 -kyA -J •d'9. 12/1/2011 1:4 :29 PM, v.agnoli, 1:10
12/11/2012 Item 16.C.3.
Legend: Southwind Village parcel
Location of Lift Station 310.01
A2CFLSV LLC
South wLn& Estatek
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A
12/11/2012 Item 16.C.3.
P.O. C.
NORTHEAST CORNER OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31• TOWNSHIP 49 SOUTH, RANGE 26 EAST.
THE EAST LINE OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31• TOWNSHIP 49 SOUTH, RANGE 26 EAST.
3
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SCALE: 1" = 101
EXISTING PUMP
STATION EASEMENT
(OR 1466. PG 2150)
CHAINLINK FENCE
CONSTRUCTED OUTSIDE
OF THE EASEMENT EXISTING
PIPELINE EASEMENT
(OR 1466. PG 2150)
AS -BUILT SKETCH
THIS SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
4 uw CLIENT: COLLIER COUNTY
iii N112
41041
RSER &
i�u� UNDAGEim SCALE: 1° = 100' DATE: 1 DEC. 2017
prouoionsl sAjimen. planners, k Isad surwy -m
rYyr Q.—w bin am "a Ts ir�a, 4ru: N.0- R 841" R&OW -4111 DRAWN BY: VA PROJECT NO.: 11— 17
ACAD NO: AS —BUILT -FILE NO:
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