Agenda 07/28/2009 Item #16D15Agenda Item No. 16D15
July 28, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the conveyance of an Easement to Lee County Electric
Cooperative for providing electric service to the Margood Park located at 321 Pear Tree
Avenue, Goodland, at a cost not to exceed $27.00.
OBJECTIVE: To obtain approval from the Board of County Commissioners (hereinafter referred
to as "Board ") to approve the conveyance of an Easement to Lee County Electric Cooperative
(hereinafter referred to as "LCEC ") for the installation of underground electric distribution lines for
fiber optic telecommunications and television purposes at the Margood Park.
CONSIDERATIONS: On November 30, 2004, Agenda Item 10D, the Board of County
Commissioners approved the purchase of the Margood Park.
The consultants have been retained to design a master plan and construction documents. The
County (Parks & Recreation) have met with the community 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 5 feet in width and comprises a total of 1,164 square feet or .03 acres,
more or less, as shown and described on Exhibit "A" to the Easement.
In order for LCEC to provide electric service to the Margood Park, it will be necessary for the
County to execute and record the attached Easement.
FISCAL IMPACT: The total cost will not exceed $27.00 for the recording of the Easement. The
funds are available 346- 116363- 631400 -80024 (Parks & Recreation).
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 quasi-judicial, and as such ex parte disclosure is not required. This item requires
majority vote only. This item is legally sufficient for Board action. JBW
RECOMMENDATION: That the Board of County Commissioners approves the attached
Easement and authorizes the Chairman to 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 Specialist, Real Property Management,
Department of Facilities Management.
Page l of l
Agenda Item No. 16D15
July 28, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16D15
Item Summary: Recommendation to approve the conveyance of an Easement to Lee County Electric
Cooperative for installation of underground 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: 7/2812009 9:00 00 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
7/14/2009 4:41:29 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
7/14/2009 4:49 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
7/15/2009 2:17 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin,
7/15/2009 3:17 PM
Approved By
Tony Ruberto
Project Manager
Date
Public Services
Parks and Recreation
7/15/2009 3:57 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7116/2009 7:53 AM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
7/1612009 1:42 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Office
7/16/2009 5:43 PM
Commissioners
file: / /C: \AgendaTest \Export\ 133 -July% 2028,% 202009 \16. %2000NSENT %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. 16D15
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 g[ant 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
underground electric distribution lines, including, but not limited to, wires, cables, conduits,
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 under 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 to mark the location of any underground facilities by
above - ground markers and other suitable markers, and 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 under, upon, or across said right -of -way by the Grantor, or the
heirs, personal representatives, successors or assigns of Grantor.
Agenda Item No. 16D15
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to legal form and
Sufficiency:
7. �QO
5ieve(\ T- LJM\—s
�. Assistant County Attorney
Bv:
Donna Fiala, Chairman
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