Agenda 09/14/2010 Item #16A14
Agenda Item No. 16A14
September 14, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve an agreement between Collier County and Olympia Park
Owners Association for the conveyance to Collier County of a Temporary Construction
Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette-
Frank Road to Airport-Pulling Road, Project No, 66065, (Fiscal Impact $18,50)
OBJECTIVE: To obtain the approval of the Board of County Commissioners to enter into an
agreement for the gratis conveyance of a Temporary Construction Easement.
CONSIDERATIONS: As a part of the improvements to Vanderbilt Beach Road between
Goodlette-Frank Road and Airport-Pulling Road two full median openings just west of Airport-
Pulling Road are being converted to a directional median openings which will allow only left turns
into each development, and will prohibit left turns out of the developments. In order to direct traffic
accordingly, and to channel all exiting vehicles into a single right turn lane, the project's engineers
. desire to gain entry onto private property and "gore-out" the existing left turn lane. That is the term
for painting stripes on the existing pavement to indicate to motorists that they should not be driving
there.
The directors of the Board of Administration of the Olympia Park Owners Association have
executed an Agreement to donate a Temporary Construction Easement to the County in order to
allow the work to proceed.
FISCAL IMPACT: The only expense associated with the approval of the attached Agreement will
be the cost to record the Temporary Construction Easement instrument in the public records
($18.50). Source of funds are gas taxes. Project No. 66065.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is sufficient for Board Action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Agreement and authorize its chairman to execute same on behalf of
the Board; and
2. Authorize the County Manager or his designee to record the Temporary Construction
Easement instrument in the public records of Collier County, Florida
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Department
Attachments: (1) Agreement with 2 exhibits; (2) Location Map
Agenda Item No. 16A14
September 14, 2010
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A14
Recommendation to approve an agreement between Collier County and Olympia Park
Owners Association for the conveyance to Collier County of a Temporary Construction
Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette-
Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $18.50)
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/20/20101:15:38 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
8/20/20101:18 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/23/20105:12 PM
Approved By
Jeff Klatzkow
County Attorney
Date
8/24/201010:54 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/20109:53 AM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/201010:04 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/26/201010:21 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/26/20103:00 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Agenda Item No. 16A 14
September 14, 2010
Page 3 of 6
Transportation Division
Transportation Road Maintenance
8/26/20104:13 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/27/20102:33 PM
Approved By
Dale A. Bathon, P.E.
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
8/31/201010:55 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/7/2010 3:00 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/7/20103:44 PM
Agenda Ite~ No. 16A 4
Septem er 14, 2010
Page 4 0 6
PROJECT: Vanderbilt Beach Road
PARCEL No(s): 99999-204TCE
,
(>.GREEMENT
I
THIS AGREEMENT (hereinafter refe ed to as the "Agreement") is made and
entered into on this ;Llli.day qf' , 20~, by and between
OLYMPIA PARK OWNERS ASSOcpATION, a orida not-for-profit corporation, whose
mailing address is PMB 87, Pos~ Office Box 3005, Naples, Florida 34101-3005
(hereinafter referred to as "Owner"),!and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing a!:idress is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "Copnty").
j
WITNESSETH:
WHEREAS, County, as a part of its roadway improvements to Vanderbilt Beach
Road, requires access to the privateiroad known as Olympia Park Boulevard in order to
undertake certain pavement markingjand striping; and
WHEREAS, County has requested that Owner convey to the County a Temporary
Construction Easement over, under,jupon and across the North 95 feet of the West 70
feet of the Northeast Quarter (NE %) of the Northeast Quarter (NE %) of Section 2,
Township 49 South, Range 25 Easti Collier Gounty, Florida (hereinafter referred to as
the "Easement"); and '
WHEREAS, Owner recognize$ the benefit to Owner and desires to convey the
Easement to the County for the staU~d purposes, on the terms and conditions set forth
herein, said terms including that net compensation shall be due and payable for the
Property requested by County. .
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 acknowle~ged, it is agreed by and between the parties as
follows: i
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 convey the Easenient to County, in a form acceptable to County and
at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County pf a properly executed easement instrument) is
hereinafter referred to as the "~Iosing:
,
3. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is execut~d by both parties and shall inure to the benefit of
and be binding upon the pa~ies hereto and their respective heirs, executors,
personal representatives, su~cessors, successor trustees, and/or assignees,
whenever the context so requi~s or admits.
4. Conveyance of the Easementjby 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 0$1 agreementsl undertakings, promises, warranties,
or covenants not contained hel1ein.
!
5. This Agreement is governed and construed in accordance with the laws of the
State of Florida. ;
f
Agenda Item No. 16 4
Septem~er 14, 2 10
I
j Page 5 6
IN WITNESS WHEREOF, thelparties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: ? - 2.'7-/0
~~ fJ:'7.~ J
Witness (Signature)
Witness (Signatu
'"1t8"~ TDONrJeL'(
Name (Print or Type) .
Approved s t ~ rm and
legal suffi
Last Revised: 11130/09
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
OLYMPIA PARK OWNERS
ASSOCIATION, a Florida
not-for-profi corporation
5Tfittfc0 ~\~T~clL-
(Print Full Name)
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