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Agenda 12/13/2011 Item #16C1012/13/2011 Item 16.C.10. EXECUTIVE SUMMARY Recommendation to approve the acquisition of a Temporary Construction Easement, for improvements to existing drainage, and a Utility Easement for the installation of a new water line for fire protection, for and as part of the rehabilitation of Master Pumping Station 312, for a total cost not to exceed $3,646, Project Number 72549. OBJECTIVE: That 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 (District) approve the attached Temporary Construction & Utility Easement Agreement between the District, and Whittenberg Homeowners Association, Inc. (Property Owner) for the purchase of a Utility Easement and a Temporary Construction Easement (hereinafter collectively referred to as "Easements "). The public purpose is to facilitate improvements to Master Pumping Station 312 (MPS 312) rehabilitation improvements including, but not limited to, upgrading the existing drainage along one of the access routes to MPS 312, and providing for the installation of a new water line to serve a required fire hydrant. CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for rehabilitating wastewater pump stations. The proposed scope of work for Project 72549, "Lift Station Mechanical Improvements," is consistent with the 2010 Wastewater CIP Update, page 2 of 4, line 58, as identified in the 2011 User Fee Rate Study. Staff recommends approval and execution of the attached Temporary Construction & Utility Easement Agreement (Agreement) between the District, and Property Owner for the purchase of the Easements. Collier County Public Utilities Division (PUD) is continuing its program to upgrade master pumping stations that require upgrades, repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, and reliability upgrades. MPS 312 is now in the final stages of design and permitting to achieve the above mentioned improvements, and the Easements are necessary to comply with permitting and other requirements. Real Property Management's in -house Real Estate Appraiser has determined the fair market value of the Easements to be $3,600. The Property Owner has agreed to convey the Easements to the District for $3,600. The Easements have been reviewed and approved by the County Attorney's Office and by the Public Utilities Planning and Project Management Department. Acceptance of the Easements will further the process of providing for planned improvements to the master pumping station. A location map of the Easements is attached for ease of reference. FISCAL IMPACT: The total cost will not exceed $3,646 ($3,600 for the Easements and $46 for costs and expenses to complete the sale). Funding is available in and is consistent Packet Page -1992- 12/13/2011 Item 16.C.10. with the FY12 Capital Budget approved by the Board on September 22, 2011. The source of funding is the Wastewater User Fee Fund 414. LEGAL CONSIDERATIONS: The Agreement and the Easements have been approved for form and legal sufficiency. A majority vote is required. — JBW 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 I . approve the attached Agreement and accept the attached Easements; 2. authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; 3. authorize staff to prepare related vouchers and Warrants for payment; and, 4. direct the County Manager or his designee to proceed to acquire the Easements, to follow all appropriate closing procedures, and to record the Easements and any and all necessary documents to obtain clear title to the Easements in the Public records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Senior Property Acquisition Specialist Real Property Management / Facilities Management Department Packet Page -1993- COLLIER COUNTY Board of County Commissioners Item Number: 16.C.10. 12/13/2011 Item 16.C.10. Item Summary: Recommendation to approve the acquisition of a Temporary Construction Easement, for improvements to existing drainage, and a Utility Easement for the installation of a new water line for fire protection, for and as part of the rehabilitation of Master Pumping Station 312, for a total cost not to exceed $3,646, Project Number 72549. Meeting Date: 12/13/2011 Prepared By Name: McLaughlinMarlene Title: Property Acquisition Specialist,Facilities Managem 11/15/2011 10:16:01 AM Submitted by Title: Project Manager, Senior,Public Utilities Engineeri Name: SchaltPeter 11/15/2011 10:16:02 AM Approved By Name: SchaltPeter Title: Project Manager, Senior,Public Utilities Engineeri Date: 11/15/2011 10:42:50 AM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 11/16/2011 1:59:11 PM Name: HapkeMargie Title: VALUE MISSING Date: 11/16/20112:15:24 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 11/17/2011 8:10:03 AM Packet Page -1994- Name: ChmelikTom Title: Project Manager, Principal,Public Utilities Engine Date: 11/22/2011 10:39:34 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11 /22/2011 1:58:14 PM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 11/27/2011 9:25:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/28/20114:15:05 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/20119:55:17 PM Name: OchsLeo Title: County Manager Date: 12/1/20115:10:02 PM Packet Page -1995- 12/13/2011 Item 16.C.1O. PROJECT: MPS 312 Rehabilitation 12/13/2011 Item 16.C.10. FOLIO Numbers: 81820000322 & 81820000306 TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 1 2011 by and between WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples 34109 (hereinafter referred to as "Owner"), 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, (hereinafter referred to as "CCWSD'I, whose mailing address is 3335Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A', which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Temporary Easement Area "), for temporary staging and construction of drainage improvement and utility facilities; and WHEREAS, Purchaser requires a perpetual non- exclusive Utility Easement over, upon and across the lands described in Exhibit "B ', which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Permanent Easement') to the CCWSD for the stated purpose of construction, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and 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: Owner shall convey the Temporary Easement Area and the Permanent Easement via a Temporary Construction Easement and a Utility Easement to CCWSD for the sum of Three Thousand Six Hundred and no /100 Dollars ($3,600.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Temporary Easement Area and the Permanent. Easement and all uses of the Temporary and Permanent Easement Areas 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 Temporary and Permanent Easement Areas except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Temporary and Permanent Easement Areas to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. CCWSD shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be bome and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 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. Conveyance of the Easement Area by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and Packet Page -1996- 12/13/2011 Item 16.C.10. Easement Agreement parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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 on this day of 2011. Date Property acquisition approved by BCC: AS TO CCWSD: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk 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 BY: Deputy Clerk Fred W. Coyle, Chairman AS TO OWNER: DATED: 3-o1! WHITTENBERG HOMEOWNERS ASSOCIATION, INC.,, as Florida nonprofit or oration W s n re) ! Barbara Puch, President Na q}� _ (Print or T p Witness (Signature) Name: 'e v 'W (Print or Type) Approved as to form and legal sufficiency Jennifer MWhitif, Assistant County Attorney Packet Page -1997- WHITTEN DRIVE R.O.W. VARIES 0 %C7 D_ -i Z � DD � n fTl i m= D = N M M m Z --I 12/13/2011 Item 16.C.10. r D' QJ = O ` O Fr z N 00 rrl D < M r to D (A A. N 17 b C O O Z D --1 -> < n D rn= m ,00,0" 3 „SS,0t.005 rn z a v m N xVj�Onyi m �fTj ` Ui In A N Z x ul `U D D' GZmZ~ZO) Uii --I1:0 v LA rn Z, Az z K) Z � �,Oo 0', M „6S,O1.00N r D' QJ = O ` O Fr z N 00 rrl D < M r to D (A A. N Packet Page -1998- 17 b C O D --1 -> rn= m D D 0 m a —Z- O a z Co �sz Cf) rri > �A Fn V7 O z Lo A D 0 D mi�irozo2� N� C) > yhz tiZ onN m Nrni O� Z Avmi 18 FEB. 2011 CHANCED TITLE BLOCK, PER COUNTY REQUEST. -N. C7 'i —I m S > ^' `+� o Z I7 pJ r - il R o fEB. 2011 CHANGED 7. C.E. FROM 25'X30' q TO 25'X40' PER COUNTY O D > o g E zy i v 2 x~ z r' n N y N• A o REQUEST. - O �O k 2 A h i m Z a o uQ° y PER vri roruttatr■ w � ° >- � ° F21 � °c ; >g m o > A In x V� ' 'n D I•A1 bT pp OO CiA �y mA R 2 �o fTl� y> ��c' >m G n aA D C, "I °�. n c° }.1 j O Zy nO 1't m O > z > O a b�yYOZ i-. 0 Vim• �� r Qj tpoo Z a. >>> is to 3 ✓iiZ �p� -A C L7 It ...�A. - ld Q f7 ZN m �O U C)�: ~ DA rl D0 W a ° mA .G y �Z > Z o � ~ A Z � C G7 �'O '"� •111117111!x,. K � Z A > G7 O r IA+1 - O° pg _. b > > z Atr1 2 ...-.. . -i -. g m m C ro - .: tp [. B > y Ss Z r D N m N < I N S CD I. (b {r f O [l 0 ° m a ° N o 0 >a o - o Packet Page -1998- Easement Agreement Exhibit "B" 12/13/2011 Item 16.C.10. Being the northerly twenty (20) feet of Tract "HH° .as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and Packet Page -1999- Project MPS 312 Rehabilitation & Improvement Folio: 81820000306 12/13/2011 Item 16.C.10. TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this day of Dot° 2011, by WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation, whose mailing address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples, Florida 34109 (hereinafter referred to 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 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 or assigns.) WIT NESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Temporary Construction Easement is granted for the express purpose of providing Grantee temporary access to Grantors lands for the purpose of excavating, placing, operating, and removing material and equipment during the construction, installation and improvements to the drainage system on lands described on Exhibit "A" attached hereto. This Easement shall expire upon completion of the improvements. Grantee shall restore the surface of the Easement Area after construction activities have been complete IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Q (Print or Type) WHITTENBERG HOMEOWNERS ASSOCIATION, INC., Y Florida nonprofit corporati� f B /°.} Barbara Puch, President i I I i i STATE OF FLORIDA COUNTY OF COLLIER &T e foregoing Temporary Construction Easement was acknowledged before me this day of " __, 2011 by Barbara P ident, on behalf of Whittenberg Villas, Inc., a Florida nonprofit corporation, who is personal known to m or who has produced as identification. i� o i I a OVA41 .►"" 'IN Notary Public state or Florida (Sig e P C MaMna J McLaughlin + y My Comm"an ODO 22176 (Print NaWe of N ary Public or re, Expires 04114,20114 NOTARY PUBLIC Serial/Commission #:(if any) D My Commission Expires: Approved as to form and legal rs�u�ffici t ency:: `J t '1 1 1!- L, J(ealnnifer B. White Assistant County Attorney Packet Page -2000- A 12/13/2011 Item 16.C.10. WHITTEN DRIVE R.O.W. VARIES D � OJ — --I 0 O M 7;� z p C) N W 00 :Tl z V) D D M C/) 71 D D { n M > rl = _-i < S 00'010 3 „SS.0400S m z G) CO (D 5 jX�>0M v Z m � Z1 tT Pl D rrl� ,n u) N s o Mtn o (.n D. C/) ���Zca v —I M cn z O z Z Co m o° . . .. .. ='04 'M,.99,01.00N ZI ;10 o A? 0 Cz D--- 4 -1 -1m Z 7 wZrn D D pM> N 0 n M < Q D = vrz ( aam M m U) M � O ZO . CO yy .''� O = fm•1 S x ppZAm m.D � CD i r D V O m - nZ Z Z N Z mon O 0 Z L” AU= D am pOmOq o m0 z a 1B FEB. 2011 CHANGED 'TITLE BLOCK. Pl E O T Cd RaaaaaEuaa■ O ° '^ 5 • a•^ •rl -v<r . 17 FEE. 2011 CHANGED T.C.E. FROM 25 'X3 7 N m ° 8 m m z Z -00 'C ' OCO "h TO 25'X40' PER COUNTY REQUEST. O � co z -LA b ? O m O v 'o D C . N -I D .uU=o-, y '�1 .C,n .z A_ . -di::aa O gg I�b m A . aO rRe ■■■■aUaNa taaTaaa■ •'� « o C ---q Wf-' ° A : gym om p '�p > ' aaaUEaaaaS■ e ■ w ■ 0<v 0- r m q Z a . ' Ao mo { �R w aY aara■ t■ o .vro��] - m Mm Zn z o r"n D�> j� a m� oac� o�° T ° �n z .�Mu' Z O 'y� cz) m n C 0:1 W b'. OC.. .i A t•1 �' 1 Lf) yy �O Ni m� ti n y Cm z z� mm. >g a+ r. b T �+7O .s O^ S m 0 O 2 m m n D VI Z' mC 7 G z m N ➢ ;0 z 27 bm 0.41 cA Z gb Q O��(� O. I.. a `V P_I' n t-i* m0 p� M- m G 1 OD Cyy ap'�OyOt+rP Em o -l� V�1 L > Am qN zr ON Z Ja C. mm J ➢ ry U�P -CD NZ m. G B ip f] x Gj ��Zy z [rj m m �i o m z c� o vi mew iµ °gm�ta� .T) ❑y n O zv v qD m� �t �cr om >rl nO CJO ��yppYd Z-4 D ;, m 1 g 2m tl1C P. s0 2 o~ -- �Z O m Z :R y i`I H "q }i!llatifr r t�i O O " O r'i D� mr>- eP d O A o. C] VI `�s Ham. �i�4 .. F ry -1 .L A 0 rt D O 5 Vl r > { D ( im 1 t z o O a Z n0 :Yw op w 1_, r Z O M. '.. mO < 0 n 0 d m Zr a� m O o � co j 1 Packet Page -2001- PROJECT: MPS 312 Rehabilitation FOLIO: 81820000322 UTILITY EASEMENT 12/13/2011 Item 16.C.10. THIS UTILITY EASEMENT (hereinafter referred to as the "Easement ") is made and entered into on this day of , 2011 by and between WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation, whose mailing address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples, Florida 34109, 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 purposes, including vehicles, on, over, upon, across and through 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 for the purpose of excavating and placing or removing materials, including, but not limited to, water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, maintaining, replacing, rehabilitating and operating 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 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 thereon 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 improvements. Packet Page -2002- 12/13/2011 Item 16.C.10. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. G WHITTENBERG HOMEOWNERS Witn (Si,-- Si a r ASSOCIATION, INC., a Florida nonpro corporation C (Print or Type N ) By: a J Barbara Puch, President Witness (Signature) L re (Print or Type Name) STATE OF FLORIDA COUNTY OF COLLIER Thq foregoing Utility Easement was acknowledged before me thi day of 2011, by Barbara Puch, President alf o Mhitt erg Homeowners Association, Inc., a Florida nonprofit corporation o is personally known X me or who has produced aside ifica ' (affix notarial seal) (Sig t e" N i ) (Print N e of tary Pu j e NoyudiosteOfFbift NOTARY PUBLIC MoLauOMn Serial /Commission #:(if any) �© M EXPhres ooesz s � My Commission Expires: Approved as to form and legal sufficiency: Jeh'Fr iferB. White Assistant County Attorney Packet Page -2003- 12/13/2011 Item 16.C.10. Exhibit "A° Being the northerly twenty (20) feet of Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and Packet Page -2004- s 12/13/2011 Item 16.C.10. d Z C7 .. d 'I .. rr4.� ,�✓ a � � � i ' 'C O MUO IV AaiNno� sa a t ' l �i Sd� z r eh W to m .r I ! ev, I I f t i mm S e, 4 t, a o I 'k�33`;s}}',,,,� T{ i1 . fir. Zi '•,, ate'' I €i k 1 I� ' .p� C a. U` o ao yq . M I u G4.�..Y■�i a HOME I asp u to w w Q.E,i.�. J W. 7 R} J ..aTi� m Lu- T az. _ _J („ _ Uj 1 $azw W W O a i ii I i' sire; a� G,� mm NoO °a .N'.�.LL ? .. a�n. T ^w, ,. I , r S sae W UJ Q H''+ rtr t1 AVM 019OV771A OV V 7 f o x I o 0' i !° �� did � : � � "_ ;� _� � � a '�i �' • � I � � � 3N80 N3.UiHM Packet Page -2005- SWZ9ZOT \sued tsuCO 007TE SdW Z9ZOT\WJ \00'ZTE SdW M OE00- 60\6002 \ :N