Agenda 03/26/2019 Item #16B 316.B.3
03/26/2019
EXECUTIVE SUMMARY
Recommendation that the Board, acting as the Community Redevelopment Agency Board (CRAB),
approve an Access Easement over property owned by the Community Redevelopment Agency in
the Gateway Triangle Mixed Use District Overlay, and authorize the Chairman to execute the
easement so long as the legal description and sketch generally conforms to the exhibit provided.
OBJECTIVE: To approve an Access Easement over property owned by the Community Redevelopment
Agency in the Gateway Triangle Mixed Use District Overlay.
CONSIDERATIONS: The purpose of this item is to grant access over a Community Redevelopment
Agency owned parcel to a privately -owned parcel so that both parcels may have shared access to the
north side of Tamiami Trail East (US 41).
The Mini Triangle Mixed Used Planned Unit Development (Mini Triangle MPUD) has been identified
and defined as a catalyst project by the Bayshore Gateway Triangle Community Redevelopment Area
(BGTCRA) to spur further development in the area.
At the February 26, 2019 BCC meeting, the Board directed staff to meet with the two property owners in
pursuit of an agreeable joint access. On March 13, 2019, both owners met with staff and agreed to the
joint access provided in the exhibit to this Executive Summary, titled Gateway Triangle Shared Access.
The terms of the Access Easement have not changed since it was originally presented to the BCC at its
last meeting.
The proposed Access Easement is intended to create joint access for both the CRA owned parcel and the
adjoining parcel, now owned by London of Naples, Inc. and will facilitate redevelopment of both parcels.
A legal description and sketch to attach to the Access Easement is being prepared to confirm with the
agreed access and was not available at the time of publication of this item. If this item is approved, the
proposed Access Easement will be routed for Chairman signature once a legal and sketch is attached
conforming to the access shown in the exhibit.
FISCAL IMPACT: Recording costs for the Access Easement shall not exceed $45.00 and paid from
Fund 187.
GROWTH MANAGEMENT IMPACT: This item complies with the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote. -JAB
RECOMMENDATION: That the Board, acting as the Community Redevelopment Agency Board
(CRAB), approve an Access Easement over property owned by the Community Redevelopment Agency
in the Gateway Triangle Mixed Use District Overlay, and authorize the Chairman to execute the easement
so long as the legal description and sketch generally conforms to the exhibit provided.
Prepared by: Debrah Forester, CRA Director
ATTACHMENT(S)
1. Access Easement without Legal Description and Sketch (PDF)
2. Gateway Shared Entry B2 modified -3.19.19 (PDF)
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16.B.3
03/26/2019
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16.13.3
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3
Doc ID: 8349
Item Summary: Recommendation that the Board, acting as the Community Redevelopment
Agency Board (CRAB), approve an Access Easement over property owned by the Community
Redevelopment Agency in the Gateway Triangle Mixed Use District Overlay, and authorize the Chairman
to execute the easement so long as the legal description and sketch generally conforms to the exhibit
provided.
Meeting Date: 03/26/2019
Prepared by:
Title: — County Manager's Office
Name: Sean Callahan
03/15/2019 11:08 AM
Submitted by:
Title: County Manager — County Manager's Office
Name: Leo E. Ochs
03/15/2019 11:08 AM
Approved By:
Review:
County Manager's Office
County Manager's Office
County Attorney's Office
Office of Management and Budget
Budget and Management Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Sean Callahan
Additional Reviewer
Sean Callahan
Additional Reviewer
Jennifer Belpedio
Level 2 Attorney of Record Review
Laura Wells
Level 3 OMB Gatekeeper Review
Ed Finn
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Leo E. Ochs
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Skipped
03/15/2019 11:08 AM
Completed
03/15/2019 11:08 AM
Completed
03/19/2019 10:54 AM
Completed
03/19/2019 10:59 AM
Completed
03/19/2019 6:22 PM
Completed
03/20/2019 11:55 AM
Completed
03/20/2019 12:59 PM
03/26/2019 9:00 AM
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16. B.3.a
PROJECT: Mini -Triangle
FOLIO: 77510240008
ACCESS EASEMENT
THIS ACCESS EASEMENT is made and entered into this day of
2019, by Collier County Community Redevelopment Agency, an
agency established by an ordinance of the Board of County Commissioners of Collier
County, a political subdivision of the State of Florida, its successors and assigns, whose
address is 3570 Bayshore Drive, Unit 102, Naples, FL 34112 ("Grantor"), in favor of
London of Naples, Inc., a Florida corporation, its successors and assigns, whose
mailing address is 3050 North Horseshoe Dr. Suite 105, Naples, FL 34104 ("Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all 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.)
WITNESSETH:
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 easement for access upon and across 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 PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon and across said land for ingress and egress, as well as for construction,
installation and maintenance of roads, sidewalks, median landscaping over, under and
across the easement area. This Access Easement is given for the purpose of allowing
Grantee the right, but not the obligation, to construct, use and maintain a permanent
access drive, together with any sidewalks, median landscaping and other improvements
within the easement area as may be reasonably necessary or desirable for purposes of
ingress and egress. The easement granted herein shall constitute an easement
running with the land and shall burden the lands described above.
1. Either Grantor or Grantee shall be entitled to construct the road, sidewalks
and landscaping, as shown in Exhibit "A", within the easement area. Grantor hereby
agrees that it shall reimburse Grantee fifty percent (50%) of all reasonable costs
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16. B.3.a
incurred therewith if Grantee exercises its right to construct the road, sidewalks and
landscaping.
2. If Grantee were to elect to exercise its right to construct the road,
sidewalks and/or landscaping, all construction and related activities must be completed
in accordance with the terms of this paragraph. Any such construction by Grantee shall
be performed by licensed contractor(s) who will provide Grantor with evidence of
insurance in form and substance satisfactory to Grantor prior to and as a condition of
the commencement of any construction. Grantor shall be named as additional insured.
Copies of all permit applications for work within the easement area shall be approved
by Grantor prior to submittal, and said approval shall not be unreasonably withheld or E
delayed. No lien shall be placed on the easement area related to the construction of the
road, sidewalks and/or landscaping. In the event a lien is recorded, Grantee shall within w
fifteen (15) days of recording provide a bond to remove the lien from the easement area
and/or Grantor's property. In the event that Grantor receives any notices of any
violations occurring in connection with the construction of the road, sidewalks and/or CO
landscaping, whether such notices are received from any public or private source, o;
Grantor shall forward copies of same to the Grantee and Grantee shall have thirty (30)
days from receipt of same to cure such violations, failing which Grantor shall have the
right to correct such violations and to recover the costs thereof from Grantee including,
but not limited to, costs of enforcement, fines and penalties and administration.
3. Regardless of who may perform the construction, Grantor shall be solely
responsible for maintenance of the easement area.
4. No party may block, remove, reconfigure or otherwise materially alter the
easement area or the access road constructed thereon without the other party's prior
written consent. The easement area shall at all times be used in a legal manner and in
compliance with all applicable laws and ordinances.
5. Notwithstanding paragraph 4, above, Grantor shall have the right, from
time to time, at its sole cost and expense, upon the delivery of thirty (30) days prior
written notice to Grantee to relocate the easement area within the Grantor's Property,
provided that the new easement area provides reasonable and similar access to the
benefitted property. During relocation of the easement area, Grantor shall use all
reasonable efforts to avoid interfering with access to the benefitted property, including,
but not limited to, providing temporary access over another portion of the Grantor's
Property during the relocation process. In the event Grantor relocates the easement
area, the parties shall join in to execute and record an amendment to this Easement to
evidence the relocated easement area.
b. Grantee shall not utilize the easement area for construction traffic during
the development of Grantee's intended facility on the benefitted property if an
alternative access point is available on the benefitted property.
7. This Easement shall be recorded in the Public Records of Collier County,
Florida by Grantor at its sole expense. The rights and obligations created hereunder
shall run with the lands and shall be binding upon and shall inure to the benefit of each
2
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16.B.3.a
party and its successors and assigns, and upon any and all subsequent owners of
either Lot or any portion thereof.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST:
Crystal Kinzel, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Collier County Community Redevelopment
Agency
Mal
Donna Fiala, Chairman
3
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I 16.B.3.b I
--- DA VIS BLVD (SR 84)
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Evaluation item.
IBIT s2—modified
US 41 Queue
vehicles
6
Site Throat
Queue
5 in,3 out
vehicles
Connectivity
Yes
between sites
Compliance
with FDOT
Compliant
Criteria
Median and buffer areas
Entry Aesthetics
to permit
landscape/signage.
PROJECT: GATEWAY TRIANGLE SHARED ACCESS
CERTIFICATION OF AUTHORIZATION No. 27796
Tpeuiicock
planning•enDlneerill
2800 DAVIS BOULEVARD, NAPLES FL 34104
Ph: (239) 566-9551 Fax: (239) 566-9553
email: ntrebilcock@trebilcock.biz
R50'
CLIENT: RE PARTNERS INTERNATIONAL
TITLE: EXHIBIT "82- MODIFED"
GA TEWA Y OF NA PL ES
COUNTY: COLLIER
DATE: 3/19/2019 DWG#
SHEET 1 OF I NORMAN TREBq Packet Pg. 746
AICP PE# 4