Agenda 07/28/2009 Item #16D14Agenda Item No. 1SO14
July 28.2OOS
Page 1ofS
EXECUTIVE SUMMARY
Recommendation to approve the conveyance of an Easement to Lee County Electric
Cooperative for providing electric service to the Margonod Park located at 321 Pear Tree
Avenue, Goodiand, at a cost not to exceed $27.00.
To obtain approval from the Board of County Commissioners (hereinafter referred
10 as "Board") to approve the conveyance of an Easement to Lee County Electric Cooperative
(hereinafter referred to as ^UCEO^) for the installation of overhead electric distribution lines for
fiber optic telecommunications and television purposes ot the MargoodPork.
On November 30, 2004. Agenda |bam 10D, the Board of County
Commissioners approved the purchase of the Margood Park.
The consultants have been retained b)design a master plan and construction documents, The
County (Parke & Recreation) have met regarding the design and received
their approval. The consultants have submitted for Re-Zone, SDP and have applied for all local,
federal and state permits.
The Easement measures 1O feet in width and comprises abta|of4.347squorefootorjOaorea.
more or less, as shown and described on Exhibit "A" of the Easement.
In order for LCEC to provide electric service to the K4oruood Park, it will be nooaaoory for the
County to execute and record the attached Easement.
FISCAL IMPACT: The total cost will not exceed $27.00 for the recording mf the Easement. The
funds are available in the Parks and Recreation Impact Fee Fund (94O) inthe N1argood Park
project number 80024.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: The Easement has been approved for form and legal sufficiency.
This item is not quo 'mdicia[mndassuchex pprte disclosure ienot required. This item requires
majority vote only. This item is legally sufficient for Board action. JBW
That the Board of County Commissioners approves the attached
Easement and authorizes the Chairman bz execute the Easement; and. also directs the County
Manager or his designee to proceed to follow all appropriate closing procedures; and, to record
the Easement in the Public Records of Collier County, Florida.
PREPARED BY: Jason Bires, Property Acquisition Specia|ist, Real Property Management.
Department of Facilities Management.
Page 1 of 1
Agenda Item No. 16D14
July 28, 2009
Page 2 of 6
file://C:\AgendaTest\Export\1 33-July%2028,%202009\1 6. %20C0NSENT %20AGENDA \1... 7/22/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D14
Item Summary:
Recommendation to approve the conveyance of an Easement
to Lee County Electric
Cooperative for installation of overhead electric distribution lines to provide electric service to
the Margood Park located at 321 Pear Tree Avenue, Goodland at a cost not to exceed
$27.00.
Meeting Date:
7/28/2009 9:00:00 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
7/14/2009 4:39:23 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
7/1412009 4:50 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
7/15/2009 2:15 PM
Approved By
Maria Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
7/1512009 2:56 PM
Approved By
Tony Ruberto
Project Manager
Date
Public Services
Parks and Recreation
7/15/2009 3:56 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1612009 7:52 AM
Approved By
Susan Usher
Senior Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7121120099:19 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Office
7/21/2009 10:47 AM
Commissioners
file://C:\AgendaTest\Export\1 33-July%2028,%202009\1 6. %20C0NSENT %20AGENDA \1... 7/22/2009
Prepared By:
Engineering Department
Lee County Electric Cooperative, Inc.
Post Office Box 3455
N. Ft. Myers, FL 33918 -3455
Agenda Item No. 16D14
July 28, 2009
Page 3 of 6
Township 52 South, Range 27 East, Section 18
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision
of the State of Florida, as Grantor, whose post office address is 3301 East Tamiami Trail,
Naples, Florida 34112 -4902, in consideration of the sum of one dollar and other valuable
considerations, receipt of which is hereby acknowledged, does hereby grant to Lee County
Electric Cooperative, Inc., a Florida non - profit corporation, whose post office address is
Post Office Box 3455, North Fort Myers, Florida 33918 -3455, and to its successors and
assigns (the term "assigns" meaning any person, firm, or corporation owning by way of
assignment all rights under this Agreement or a portion of such rights, with the Grantee or
its other assigns retaining and exercising the other rights), a perpetual easement for a
right -of -way to be used for the construction, operation, and maintenance of one or more
overhead electric distribution lines, including, but not limited to, wires, poles, cables,
conduits, anchors, guys, and roads, trails, and equipment associated therewith,
attachments and appurtenant equipment for fiber optic telecommunications and television
purposes (all of the foregoing hereinafter referred to as "facilities "), over, under, in, on,
upon, and across the lands of the Grantor situated in the County of Collier and State of
Florida and being more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of,
replace, remove, or relocate such facilities or any part of them upon, across, or over the
right -of -way described above with all rights and privileges necessary or convenient for the
full enjoyment or the use thereof for the purposes described herein, including, but not
limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other
obstructions within said right -of -way and on lands of Grantor adjoining said right -of -way
that may interfere with the proper construction, operation, and maintenance of such
facilities or any part of them, the right of ingress and egress for personnel and equipment
of Grantee, its contractors, agents, successors or assigns, over the adjoining lands of the
Grantor, for the purpose of exercising and enjoying the rights granted by this easement
and any or all of the rights granted hereunder.
By the execution and delivery hereof, Grantor so expressly agrees that no portion of
the right -of -way shall be excavated, altered, obstructed, improved, surfaced, or paved
without the prior written permission of the Grantee, or its successors or assigns, and no
building, well, irrigation system, drainage system, structure, obstruction, or improvement
(including any improvements for recreational activities) shall be located, constructed,
maintained, or operated over, under, upon, or across said right -of -way by the Grantor, or
the heirs, personal representatives, successors or assigns of Grantor.
"?
yAg0.
Agenda Item No. 16D14
July 28, 2009
Page 4 of 6
By the execution hereof, Grantor covenants that it has the right to convey this
easement and that the Grantee and its successors and assigns shall have quiet and
peaceful possession, use, and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
M
Deputy Clerk
Approved as to legal form and
Sufficiency:
A- --
S1'ew-,\T. wi1CicmS
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
Bv:
Donna Fiala, Chairman
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