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Agenda 06/23/2009 Item #16B10 Agenda Item No. 16810 June 23, 2009 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a declaration setting aside county-owned property for Collier Boulevard roadway, sidewalk, bike path, drainage and utility facilities. (Project No. 60001.) Estimated Fiscal Impact: $20.00. OBJECTIVE: To obtain Board approval to establish for the public record by declaration that certain property owned by Collier County shall hereinafter be put to certain specific public uses, namely roadway, sidewalk, bike path, drainage and utility facilities. CONSIDERATIONS: Collier County is the fee simple owner of vacant property acquired during August 2002 as part of the Lely Area Stormwater Improvement Project and now earmarked for construction of a County park. This 99 acre property is situated on the west side of Collier Boulevard between Davis Boulevard and Rattlesnake Hammock Road. A five foot strip along the east side of this property, as more fully set out in the attached Declaration with legal description and sketch, is needed to accommodate the relocation of a Florida Power & Light Company power pole and overhead wires. The power pole is presently located within a proposed sidewalk to be constructed as part of the Collier Boulevard Project. The proposed designated use of this five foot strip for roadway, sidewalk, bike path, drainage and utility facilities will not adversely affect the future plans for this property. This declaration is to be recorded in the public records as constructive notice to all that the subject property (five foot strip) is being put to the uses as described. FISCAL IMPACT: The only costs to Collier County are the costs to record the declaration, which will not exceed $20.00. Source of funds are gas taxes and/or impact fees. GROWTH MANAGEMENT IMPACT: The Collier Boulevard Project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This Executive Swnmary is legally sufficient for Board action. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. - JBW RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached declaration and authorize the Chairman to execute same on behalf of the Board; 2. Direct the County Manager or his designee to record the declaration in the Public Records of Collier County, Florida; and 3. Authorize the payment of all costs and expenses necessary to record same. Prepared by: Robert Bosch, Right-of-Way Coordinator, TECM Attachment: Declaration with Exhibit "A". Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 16810 June 23, 2009 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B10 Recommendation to approve a declaration setting aside county -owned property for Collier Boulevard roadway, sidewalk, bike path, drainage and utility facilities Project No. 60001. Estimated Fiscal Impact $2000 6/23/200990000 AM Prepared By Robert Bosch Transportation Date Right of Way Coordinator TECM 6/8/20092:11 :25 PM Date Approved By Margaret A. Bishop Transportation Services Project Manager Stormwater Management 6/8/20093:13 PM Approved By Jennifer A. Belpedio County Attorney Date Assistant County Attorney County Attorney Office 6/8/20093:15 PM Approved By Marlene Messam Transportation Services Date Senior Project Manager Transportation Engineering & Construction Management 6/8/20093:22 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 6/8/20094:15 PM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM-ROW 6/8/20095:57 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 6/9/2009 2: 18 PM Date Approved By Gerald Kurtz Transportation Services Senior Engineer Stormwater Management 6/9/2009 5:07 PM Date Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 6/10/20098:25 AM Date Approved By John Vliet Transportation Services Roads Maintenance Superintendant Road Maintenance 6/10/200911:22 AM Date Approved By Therese Stanley Grants Coordinator file://C:\AgendaTest\Export\ 132-June%2023,%202009\ 16.%20CONSENT%20AGENDA \ 1... 6/17/2009 Page 2 of2 Agenda Item No. 16810 June 23, 2009 Page 3 of 5 Transportation Transportation Administration 6/11/200910:42 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6/11/20095:01 PM Appro\'ed By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 6/12/2009 1 :33 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 6/15/20097:46 AM Approved By Susan Usher Senior ManagementJBudget Analyst Office of Management & Budget Date County Manager's Office 6/15/20093:48 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/15120095:36 PM fiJe://C:\AgendaTest\Export\ 132-June%2023,%202009\16.%20CONSENT%20AGENDA \ 1... 6/17/2009 Agenda Item No. 1 10 June 23, 09 Page 4 f 5 PROJECT: Collier Blvd. #60001 PARCEL: FPL FOLIO NO.: 00418560006 DECLARATION OF RIGHT .oF.WAY FOR ROAD, SIDEWALK, DRAINAGE AND UTILITY FACILITIES THIS DECLARATION is made this day of ,2009, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant. . WHEREAS. Declarant is the owner of certain real property situated in Collier County, Florida, a portion of which Declarant desires to set aside and reserve in perpetuity for right-of-way, drainage and utility purposes, said portion being more fully described as follows and hereinafter referred to as the .Property": See attached Exhibit "A" which is incorporated herein by reference. NOW, THEREFORE, Declarant does hereby set aside and specifically reserve the Property for construction and maintenance of roadway, sidewalk, bike path, drainage and utility facilities, including the installation of overhead and/or underground electrical transmission and distribution facilities, and overhead and/or underground telephone, fiber-optic and cable television facilities. THIS DECLARATION may be amended or terminated by an affirmative vote of the Board of County Commissioners. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed the date and year first written above. ATTEST: DWIGHT E. BROCK, Cieri< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Deputy Clerk BY: DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~~w~ Jenn' er B. White Assistant County Attomey Agenda Item No. 16810 June 23, 2009 Page 5 of 5 EXHIBIT i~\ Page I of I -- LEGAL DESCRIPTION AND SKETCH OF DECLARATION OF RIGHT-OF-WAY (NOT TO SCALE) THE EAST FIVE FEET OF THE PROPERTY DESCRIBED IN WARRANTY DEED RECORDED IN O.R. BOOK 3091. PAGES 2521 - 2523. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA I I I COLLIER COUNTY (OR I BOOK 3091, PAGE 1511) I I I I I I /' ~T'~-'.. \l -..-'----.---;----~--____;_----i---..-- ...2: ~._J ~-'-I ~._J ~- III : 0-'- ;1j----, ~~ \ I '~-J , L- '. COLLIER COUNTY (OR. BOOK 148'. PAGE J087, RE.RECORDED IN O.R. BOOK 1491. PAGE 4201