Agenda 11/09/2010 Item #16A 7
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EXECUTIVE SUMMARY
Rec: ~b:r~ation to accept the donatioB of a drainage easement between 40* ~.
".'''''IKA Union Canal in Unit 43 of Goldea Gate Estates. (Fisca11mpad: . ,
feel_"~ $40)' .
~. To.acqept the donation of a SO ft. drainage easement from the oWners of Tract
132 in U.[,,3 of Golden Gate Estates located between 40th S1reet NE and the FAKA Union
CauaI. ~""'eot gives the County the right ,to enter upon private property, clear the existing
vegetatioaf~~'~ ditch and to perpetually maintain it as needed.
_ On June .16, 2010 Transportation Engineering staff received an email
from the ... and Bridge Maintenance Department stating that the stormwater drainage ditches
west of ~ Street NE (ftom 64th Avenue NB north to 7~ AvenueNE) were severely
overgrown with brush and needed to be cleared. It, was discovered that all of the ditche8 ''Were on
'j private property. In order to. clean out the ditches and provide ongoing maintenance to ensure
propel' 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 donated an easement and that conveyance
has been recorded in the public records. This is the second of five owners in Unit 43 that has
agreed to donate a 50 ft. portion ofhis unimproved property as a drainage easement.
FISCAL IMPACT: Recording fees for the easement from the property owner will not exceed
$40.00 and will be paid from Fund 101, Cost Center 163620.
GROWTH MANAGEMENT IMPACf: 1bere is no growth management impact associated
with this Executive Smnmary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attaChed Easement Agreement ror Parcel No. 207DE and authorize its Chairman
to execute same Oil bebaIf of the Board;
2. Accept the conveyance of Parcel 207DE to Collier County and authorize the County
Manager, or his designee, to record said easement instrmnent in the public records of Collier
County, Florida;
3. Authorize the payment of all costs associated with ~ the easement.
Prepared by: Kevin Hendricks, Right-ot:Way Acquisition Manager, Transportation P.Mineering
Dept. ,i~
A~~:(~) J\sreement; (2) Drainage Easement; and ~~) Aerial Photograph
Agenda Item No. 16A7
November 9,2010
Page 2 of 10
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A7
Recommendation to accept the donation of a drainage easement between 40th Street NE
and the FAKA Union Canal in Unit 43 of Golden Gate Estates. (Fiscal Impact: Recording fees
not to exceed $40)
11/9/20109:00:00 AM
Meeting Date:
Prepared By
Kevin Hendricks
Transportation Division
Approved By
Norm E. Feder, AICP
Transportation Division
Approved By
Nick Casalanguida
Transportation Division
. Approved By
Robert N. Zachary
County Attorney
Approved By
Najeh Ahmad
Transportation Division
Approved By
Natali Betancur
Transportation Division
Approved By
Rookmin Nauth
Transportation Division
Approved By
OMB Coordinator
County Manager's Office
. Approved By
Jeff Klatzkow
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
10/22/20102:08:44 PM
Administrator - Transportation
Date
Transportation Administration
10/26/201010:23 AM
Director - Transportation Planning
Date
Transportation Planning
10/26/2010 11 :24 AM
Assistant County Attorney
Date
County Attorney
10/26/201012:01 PM
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
10/26/20101:32 PM
Administrative Assistant
Date
Transportation Road Maintenance
10/26/20103:11 PM
ManagemenUBudget Analyst
Date
Transportation Administration
10/27/201010:56 AM
Date
Office of Management & Budget
10/28/20109:25 AM
County Attorney
Date
10/28/20102:27 PM
Approved By
Therese Stanley
Office of Management &
Budget
Agenda Item No. 16A7
November 9,2010
Page 3 of 10
Manager - Operations Support - Trans
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Date
Office of Management & Budget
10/30/2010 11 :20 AM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
10/30/2010 12:35 PM
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Agenda Item No. 16A7
November 9,2010
Page 4 of 10
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PROJECT: MISC. 99999
PARCEL: 207DE
FOLIO NO: 38912640009
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of , 20_, by and between
ENTRUST IRA SOUTHWEST FLORIDA, LLC, a Florida limited liability company
(flkla TAX FREE STRATEGIES, LLC, a Florida limited liability company), as
Trustee for Barry J. Kotek, IRA, whose mailing address is 4560 Via Royale #1, Fort
Myers, Florida 33919 (hereinafter referred to as "Ownerj, and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Countyj.
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.
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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:
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.
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6. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Agenda Item No. 16A7
November 9,2010
Page 5 of 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
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Deputy Clerk
AS TO OWNER:
ENTRUST IRA SOUTHWEST
FLORIDA, LLC, a Florida limited
liability company, as Trustee for
Barry J. Kotek IRA
By: Island Financial Services, Inc.,
tflorida corporation, its Manager
By: IIMv
DAVID A. OWENS, President
DATED: 1011C1110
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Witness (Signature)
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Name (Print or Type)
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Witness (Signature)
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NameiP'rint or Type)
Approved as to form and
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Assistant County Attorney
Last Revised: 6118110
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EXHIBIT -.:Lt
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PROJECT NO.
PROJECT PARCEL NO.
FOLIO NO.
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 132, 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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TRACT 132
PROPOSED 50 FOOT WIDE
DRAINAGE EASEMENT
SKETCH NOT TO SCALE
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Agenda Item No. 16A7
9,2010
99ggg9 6 of 10
207DE
38912640009
10108I109:52 AM
Agenda Item No. 16A7
November 9,2010
Page 7 of 10
PROJECT: MISC. 99999
PARCEL: 207DE
FOLIO NO: 38912640009
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DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this day of
,20_, by ENTRUST IRA SOUTHWEST FLORIDA, LLC, a
Florida limited liability company (flkla TAX FREE STRATEGIES, LLC, a Florida
limited liability company), as Trustee for Barry J. Kotek, IRA, whose mailing
address is 4560 Via Royale #1, Fort Myers, Florida 33919, (hereinafter collectively
referred to as "Grantor), to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, Suite 800, 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
descnbed lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
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Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO
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:
ENTRUST IRA SOUTHWEST FLORIDA, LLC,
as Trustee for Barry J. Kotek, IRA
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Witness. (Signature)
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Name (Print orType)
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Name '(Print or Type)
By: 1~land Financial Services, Inc.
Its Manager
Bi l11V-
DAVID A. OWENS, PRESIDENT
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Agenda Item No. 16A7
November 9,2010
Page 8 of 10
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STATE OF n/
COUNTY OF L-l,t:
The fore~oing Drainage Easement was acknowledged before me this
rf to Jer . 20~ by David A. Owens, who:
-.J is personally known to me
OR
_ produced
identity.
lq
day of
as proof of
(affix notarial seal)
~'\1/U/(\ ~nl)t\UIlJ
(Signature of Notary Public)
mtV-tlfA Kno vv'f}{
(Print Name of Notary Public)
Serial I Commission # (if any): DD \rU331
My Commission Expires: ~ 2'3 \7D 10
.....,~~~... THERESA KNOWER
fm:fo\ Notary PubRc - SWle or Floridll
~. . ~ My Commission Exl*a 0.: 23,2010
;'%",,,~~ Commisllon ..00621337
"'hnUIl' Bonded Through NalionaJ Haury Assn.
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legal nrr!ciency
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Last Revised, 2/01/07
EXHIBIT ~
Page-1-ot_L_
PROJECT NO.
PROJECT PARCEL NO.
FOLIO NO.
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 132, 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. 16A7
9,2010
99~i9 9 of 10
207DE
38912640009
1008110 1120 AN
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Agenda Item No. 16A7
November 9,2010
Page 10 of 10
AERIAL PHOTO OF GOLDEN GATE ESTATES UNIT NO. 43
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SHOWING PROPOSED DRAINAGE EASEMENTS