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Agenda 07/27/2010 Item #16C 1Agenda Item No. 16C1 July 27, 2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Riverwood community at a recording cost not to exceed $1,500, Project 71010.5. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District ( CCWSD), accept Rights of Entry from property owners within the Riverwood community permitting the CCWSD to construct water system infrastructure improvements. The public purpose is to replace and rehabilitate the substandard water distribution system serving the Riverwood community. CONSIDERATIONS: The Riverwood community potable water distribution system was originally constructed by the property owners in the community beginning in the late 1960's. The system was built in many phases through the years and eventually became part of the CCWSD in the 1980's. The number of service line (the water line connecting an individual property to the water main) and water main breaks has increased over the last three years, and as a result, the CCWSD has given a high priority to this rehabilitation project. The existing system will be replaced and rehabilitated, the existing substandard piping will be replaced, new meters will be set, fire hydrants will be installed throughout the community and service lines will be replaced and re- routed on a portion of the community's lots. To satisfy this requirement, water service lines and meters need to be replaced and re- routed on several of the lots within the Riverwood community; approximately 43 lots will be affected by the plans to re -route the water meters from the rear of those lots to the front of those lots. To provide the CCWSD with the right to enter upon each one of the approximately 43 lots in the Riverwood community for these purposes, Rights of Entry, in the form attached hereto, are to be secured from the affected lot owners by donation. Prior to recording in the Public Records, each Right of Entry will be reviewed and approved by the County Attorney's Office as to form and legal sufficiency. A Location Map depicting the lots in the Riverwood community which will be affected by the meter re- routing portion of the rehabilitation project is attached. FISCAL IMPACT: The total cost will not exceed $1,500 for recording the Rights of Entry. Funds in the amount of $1,500 are available in the FY10 budget for this action in Project 71010.5. The FY10 budget was approved by the Board of County Commissioners on September 24, 2009. Source of the funds is Water User Fee Capital Fund 412. GROWTH MANAGEMENT: Projects funded with 412 have no impact on the growth Management Plan. LEGAL CONSIDERATIONS: The Right of Entry document has been approved for form and legal sufficiency. — JBW Agenda Item No. 16C1 July 27, 2010 Page 2 of 6 RECOMMENDATION: That the CCWSD: 1. Approve and accept the Rights of Entry; and 2. Direct the County Manager or his designee to record the Rights of Entry in the Public Records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist, Sr. Real Property Management /Department of Facilities Management Agenda Item No. 16C1 July 27, 2010 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Riverwood community at a recording cost not to exceed $1.500, Project 71010.5. Meeting Date: 7/27/2010 9:00:00 AM Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Division Facilities Management 7/8/2010 11:29:42 AM Approved By Phil E. Gramatges, P.E. Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 7/6120101:07 PM Approved By Skip Camp, C.F.M. Director - Facilities Management Date Administrative Services Division Facilities Management 7/8/2010 4:56 PM Approved By Diana Dueri Project Manager Date Public Utilities Division Public Utilities Engineering 7/8/2010 5:01 PM Approved By Margie Hapke Operations Analyst Date Public Utilities Division Public Utilities Division 7/9/2010 8:24 AM Approved By Manager - Property Acquisition & Const Toni A. Mott M Date Administrative Services Division Facilities Management 7/9/201012:49 PM Approved By Jeff Klatzkow County Attorney Date 7/9/2010 3:24 PM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 711 0/201 0 12:17 PM Approved By Jennifer White Assistant County Attorney Date Agenda Item No. 16C1 July 27, 2010 Page 4 of 6 County Attorney County Attorney 7/1212010 11:33 AM Approved By James W. DeLony Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 7/13/2010 8:23 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/13/2010 8:49 AM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/16/2010 8:50 AM Approved By Mark Isackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/1712010 2:10 PM Agenda Item No. 16C1 July 27 2010 Paqe 5 of 6 Project: Riverwood Water System Rehabilitation Follo No.: 01010101010 KNOW ALL MEN BY THESE PRESENTS that [INSERT NAME OF GRANTOR and marital status of Grantor] , whose mailing address is [insert mailing address of Grantor], hereinafter known as "Grantor," for and In consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto 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 3301 Ta niami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, Including, but not limited to, water lines and pipes, and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, replacing, rehabilitating and testing utility facilities on the following described property: See attached Exhibit "A" which is incorporated herein by reference This [tells not] Homestead Property ALL RIGHT AND PRIVILEGE herein granted shall expire upon completion of the project. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. By execution of this instrument Grantor agrees that any and all utility infrastructure constructed on the property hereinabove referenced, with the exception of the water meter and any pipelines connecting said meter with Grantee's water distribution mains, shall become the property of Grantor, and all future maintenance and repair will be me responsibility of Grantor. Al the conclusion of construction, replacement and testing activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction, replacement and testing. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of , 2010. DATED: Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) STATE OF COUNTY[ [INSERT NAME OF GRANTOR] WITNESS my hand and official seal this _ day of 2010. The foregoing Right of Entry was acknowledged before me this day of 2010 by [Insert Name of Grantor] who is personally known to me or who has produced as identification, (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Senal/Commission #:(if any) My Commission Expires:... Approvsd as to fD m and legal sufficiency �_11to-J 10 Jennifer ite, Assistant County Aaomey A#41 42 Wilt AbL jiZ y - a� �. t 4111 rr pu _7T =# r�,a -a�+ :�t �