Agenda 09/14/2010 Item #16A 4
Agenda Item No. 16A4
September 14, 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to accept the donation of a drainage easement from Fouad and Fady
Farid between 40th Street NE and the FAKA Union Canal in Unit 43 of Golden Gate
Estates. (Fiscal Impact: Recording fees not to exceed $27)
OBJECTIVE: To accept the donation of a drainage easement from the owners of property
located between 40th Street NE and the F AKA Union Canal. The easement gives the County the
right to enter upon private property, clear the existing vegetation from the ditches and to
perpetually maintain them as needed.
CONSIDERATIONS: On June 16, 2010 Transportation Engineering staff received an emai1
from the Road and Bridge Maintenance Department stating that the stormwater drainage ditches
west of 40th Street NE (from 64th Avenue NE north to nnd Avenue NE) were severely
overgrown with brush and needed to be cleared. It was discovered that all of the ditches were on
private property. In order to clean out the ditches and provide ongoing maintenance to ensure
proper drainage into the F AKA Union Canal, letters were mailed to five different property
owners to request that they donate those existing ditch areas to the County as perpetual drainage
easements. One of the property owners has already responded by executing an Agreement and a
Drainage Easement for Parcel No. 206DE. It is anticipated that several of the remaining four
owners will agree to donate easements as well.
FISCAL IMPACT: Recording fees for the easement from Fouad and Fady Farid will not
exceed $27 and will be paid from Fund 101, Cost Center 163620.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDA TION: That the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement for Parcel No. 206DE and authorize its Chairman
to execute same on behalf of the Board;
2. Accept the conveyance of Parcel 206DE to Collier County and authorize the County
Manager, or his designee, to record said easement instrument in the public records of Collier
County, Florida;
3. Authorize the payment of all costs associated with recording the easement.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Dept.
Attachments: (1) Agreement for Parcel 206DE; (2) Drainage Easement; and (3) Aerial
Photograph
Agenda Item No. 16A4
September 14, 2010
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16M
Recommendation to accept the donation of a drainage easement from Fouad and Fady Farid
between 40th Street NE and the FAKA Union Canal in Unit 43 of Golden Gate Estates.
(Fiscal Impact: Recording fees not to exceed $27)
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
7/29/201010:56:35 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/18/201010:31 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/19/20102:30 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/20/2010 12:41 PM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/25/20109:45 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/25/20106:59 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/20107:38 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/27/2010 11 :54 AM
Approved By
Natali Betancur
Administrative Assistant
Date
Agenda Item No. 16A4
September 14, 2010
Page 3 of 10
Transportation Division
Transportation Road Maintenance
8/30/20102:28 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/30/20103:41 PM
Approved By
Jeff Klatzkow
County Attorney
Date
8/31/201010:24 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
9/1/20104:25 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
9/1f2010 4:42 PM
PROJECT: MISC. 99999
PARCEL: 206DE
FOLIO NO.: 38912720000
Agenda Item No. 16A4
September 14, 2010
Page 4 of 10
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of ,20_, by and between FOUAD
FARID AND FADY FARID, as joint tenants with full rights of survivorship, whose mailing
address is 2983 NW 193rd Terrace, Opa.-locka, Florida 33056-2463 (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive drainage easement over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and
made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner (to have County forces enter
upon the Easement and clear vegetation and debris from the ditch that presently exists
within the Easement area) and Owner desires to convey the Easement to the County
for this purpose.
NOW, THEREFORE, in consideration ofthese 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall execute and deliver a "Drainage Easement" instrument to County,
which shall be recorded in the public records of Collier County, Florida, at
County's sole cost and expense.
3. In exchange for the Owner's grant of Easement, County shall enter upon the
Easement area and cut and clear vegetation and debris from the existing ditch.
4. 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.
5. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, 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.
6. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Agenda Item No. 1 A4
September 14,2 10
Page 5 0 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
AS TO OWNER:
DATED:
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FADY FARID
Approved as to form and
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Assistant County Attorney
Last Revised: 6/18/10
PROJECT NO.
PROJECT PARCEL NO.
FOLIO NO.
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 134, GOLDEN GATE ESTATES
UNIT NO. 43, ACCORDING TO THE PLAT THEREOF, RECORDED IN
. PLAT BOOK 7, PAGE 28, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
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07102110 1.53 PM
AERIAL PHOTO OF GOLDEN GATE ESTATES UNIT NO. 43
Agenda Item No. 16A4
September 14, 2010
Page 7 of 10
SHOWING PROPOSED DRAINAGE EASEMENTS
PROJECT: MISC. 99999
PARCEL: 206DE
FOLIO NO.: 38912720000
Agenda Item No. 16A4
September 14, 2010
Page 8 of 10
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this day of
, 20_, by FOUAD FARID AND FADY FARID, as joint tenants
with full rights of survivorship, whose mailing address is 2983 NW 193rd Terrace, Opa
Locka, Florida 33056-2463, (hereinafter collectively referred to as "Grantor"), to
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (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. Grantor and Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
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, a
perpetual, non-exclusive drainage easement to enter upon the lands of the Grantor and
to cut and clear vegetation and debris from the ditch located within 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 HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to excavate and remove earthen material for the purpose of
re-shaping the existing ditch in order to improve stormwater flows through said ditch.
The easement granted herein shall constitute an easement running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written_
WITNESSES: ~
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FOUAD FARID
THIS CONVEYANCe ACCt!P'T!D BY THE
BOARD OF COUNTY' COMMISSIONERS.
COLLIER COUNTY. FlORIOA.
PURSUANT TO AGENDA.
DATED: ITEM NO.
WITNESSES:
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Agenda Item No. 16A4
September 14, 2010
Page 9 o~ 10
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FADY FARID
The foregoing Drainage Easement was acknowledged before me this q
'3' u L , 20~, by Fouad Farid, who:
~ is person~"y known to me
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_ produced
identity._
day of
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STATE OF
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(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
The foregoing Drainage Easement was acknowledged before me this
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PROJECT NO.
PROJECT PARCEL NO.
FOLIO NO.
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 134, GOLDEN GATE ESTATES
UNIT NO, 43, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 7, PAGE 28, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
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Agenda Item No. 16A4
Se tember 14, 2010
99'~ 0 of 10
206DE
38912720000
071021101:53 PM