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Agenda 10/26/2010 Item #16C 3Agenda Item No. 16C3 October 26, 2010 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the acquisition of easement area to improve upon the current access route serving Master Pump Station 312 in order to ease inconvenience to neighboring property owners for a total cost not to exceed $2,100 Project Number 725491. OBJECTIVE: The public purpose is to minimize inconvenience to neighboring property owners and increase the safety value related to the access route planned to serve Master Pump Station 312. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between 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), and Whittenberg Homeowners Association, Inc. (Property Owner) for the purchase of an Access Easement. Collier County Public Utilities Division (PUD) is continuing its program to upgrade master pumping stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, reliability upgrades, and good neighbor access improvements. Master Pump Station (MPS) 312, which is located in the southwestern corner of the Glen Eagle subdivision, is now under design to achieve the above mentioned improvements. The current legal route for access to this station is via a platted 15 -foot easement within the Glen Eagle subdivision which begins at the terminus of Harwich Court and winds over existing narrow pavement situated between two residential homes. This existing platted access route to MPS 312 has become an inconvenience to the neighborhood when large pumper trucks must service the master pump station and utilize the aforementioned access route. As part of the improvements to the master pump station, PUD is planning to implement additional ingress and egress locations from Davis Boulevard, which includes plans to build a box culvert bridge south of the station, and a gravel reinforced road to begin southeast of the neighboring Whittenberg subdivision entrance, to proceed east to the master pump station. These ingress and egress locations for access to MPS 312 are being planned with the intention to minimize future access impacts to the neighbors. In order to accomplish the construction of the gravel reinforced road, which is planned to begin southeast of the Whittenberg community's entrance, the District will need to acquire an easement over the land described as Tract "HH" and that portion of Tract "A" both 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. A Location Map is attached. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Planning and Project Management Department. The Access Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Planning and Project Management Department prior to execution and recordation. Agenda Item No. 16C3 October 26, 2010 Page 2 of 9 FISCAL IMPACT: The total cost should not exceed $2,100 for the Access Easement and includes costs and expenses to complete the sale. Funding is available in Project Number 72549.1 as stated in the 2008 Water Master Plan Update dated June 24, 2008, Table 8 -1, page 6 of 7, line 119. The Board of County Commissioners approved the FYI budget on September 23, 2010. The source of funds is Wastewater User Fees, Fund 414. LEGAL CONSIDERATIONS: The Access Easement Agreement document has been approved for form and legal sufficiency. — 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: 1. Approve the attached Access Easement Agreement and accept the Access Easement once it has been received and approved by the County Attorney's Office and Public Utilities Planning and Project Management Department; and 2. Authorize the Chairman to execute the Access Easement Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 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 Access Easement, to follow all appropriate closing procedures, and to record the Access Easement, and any and all necessary documents to obtain clear title to the Access Easement, in the Public records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 16C3 October 26, 2010 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 Item Summary: Recommendation to approve the acquisition of easement area to improve upon the current access route serving Master Pump Station 312 in order to ease inconvenience to neighboring property owners for a total cost not to exceed $2,100 Project Number 72549. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Division Facilities Management 1018/2010 11:21:42 AM Approved By Michael H. Dowling Property Management Specialist, Senior Date Administrative Services Division Facilities Management 10/8/2010 11:31 AM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 10/11/2010 8:20 AM Approved By Peter Schalt, PMP Senior Project Manager Date Public Utilities Planning & Project Mgmt Public Utilities Planning & Project Mgmt 10/11/2010 8:27 AM Approved By Skip Camp, C.F.M. Director - Facilities Management Date Administrative Services Division Facilities Management 10/1112010 8:49 AM Approved By Tom Chmelik Project Manager, Senior Date Public Utilities Division Public Utilities Engineering 10111/2010 10:51 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 10/13/2010 9:44 AM Approved By James W. DeLony Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 10/14/2010 1:36 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget Agenda Item No. 16C3 October 26, 2010 Page 4 of 9 10114/2010 4:08 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/17/2010 10:31 PM Approved By Jeff Klatzkow County Attorney Date 10/18/2010 10:39 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 10/18/20101:45 PM PROJECT: MPS 312 Rehabilitation FOLIO: 81820000322 ACCESS EASEMENT AGREEMENT Agenda Item No. ' 3 October 26, 2 10 Page 5 f 9 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2010, 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 "Purchaser"), whose mailing address is 3301. Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non - exclusive Access Easement for the purpose of access to, over, upon and across the lands described in Exhibit "A' (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; 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 Property via an Access Easement to Purchaser for the sum of One Thousand Eight Hundred and no /100 Dollars ($1,800.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). In addition, and at no additional cost to Purchaser, Owner shall convey to State of Florida, Acting Through the Department of Transportation, an Access Easement to, over, upon and across the lands described in Exhibit "B" attached hereto for purposes of accessing the State of Florida retention pond lying easterly of Owner's property. The procedure to be followed by the parties in connection with the Closing shall be as follows: 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 agrees to convey the Easement for the purpose of constructing access facilities and for access to utility facilities within utility easements on land owned by Glen Eagle Golf & Country Club, Inc. lying easterly of Owner's property, for constructing, operating and maintaining such utility facilities. Owner represents that the Easement Area and all uses of the Easement Area 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 Easement Area 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 Easement Area 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. The Purchaser 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 Purchaser. 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, Easement Agreement Agenda Item No. 16C3 October 26, 2010 Page 2 Page 6 of 9 successors, successor trustees, and /or assignees, whenever the context so requires or admits. 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 assignees whenever the context so requires or admits. Conveyance of the Property 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 understanding of the 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 , 2010. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: V�z Witness (Signature) Name: vit �a:fZ xint or T e t4itne'ss (Signature) Name:. v 2 /de%i (Print or Type) Approved a,s to form and legal sufficiency �! rl d k; . JenniferEr. White, Assistant County Attorney 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 BY: Fred Coyle, Chairman. WHITTENBERG HOMEOWNERS ASSOCIATION, INC Florida nonprofit corporation B rbara Puch, President Agenda Item No. 1 October 26, e Easement Agreement Page 3 Page 7 Exhibit "A" Being 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 10 f9 Easement Agreement Agenda Item No. 1 3 October 26, 2 if 0 Page 4 Page 8 9 Exhibit "B" Being 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 Being that portion of Tract "A ", as shown on the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, in the Public Records of Collier County, Florida, lying southerly of an extension of the north boundary of the aforesaid Tract "HH" as shown on said Plat. Agenda Item No. 16C3 October 26, 2010 Page 9 of 9 Tract "HH" and a portion of Tract "A ", Whittenberg Villas, according to the plat thereof recorded in Plat Book 28, Pages 19 to 21 inclusive, of the Public Records of Collier County, Florida.