Agenda 09/15/2009 Item #16B15
Agenda Item No. 16815
September 15, 2009
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept a drainage, access and maintenance
easement from the District School Board of Collier County and pay fifty percent (50%) of the cost to
relocate a section of chainlink fence in the amount of$6,000.00
.-
OBJECTIVE: That the Board of County Commissioners accept a drainage, access and maintenance
easement from the District School Board of Collier County and to partner with the School Board by
splitting the cost of relocating approximately 1,400 feet of chainlink fence.
CONSIDERATIONS: Stormwater Management has requested that the District School Board of
Collier County convey a drainage easement over an existing swale area to the Collier County Board of
County Commissioners as part of a solution to an inadequate storm water flow condition in an area
adjacent to the SE corner of Santa Barbara Boulevard and Radio Road. The easement will be
conveyed to Collier County at no cost. The easement has an estimated value of $25,920. A condition
of easement conveyance is that within sixty (60) days of execution, Collier County will pay the District
School Board six thousand dollars ($6,000.00). This amount is fifty percent (50%) of the total cost
necessary to relocate an existing chain link fence located on the east side of the Calusa Park
Elementary School. The fence relocation is part of a cooperative effort between the County, the
District School Board, and several adjacent property owners. The effort was initiated to remedy
several related items identified as contributing factors creating an unacceptable stormwater flow
condition in the neighborhood. Relocating this fence is necessary to provide unencumbered access to
an existing drainage swale which is part of the secondary stonnwater system previously not well
defined. The fence will be promptly relocated, shifted to the west by approximately eight feet, by the
School Board contractor. The resulting unfettered stormwater swale area will be maintained by the
homeowners association of the adjacent property who currently maintains a perimeter swale system
per their PUD requirements. This system is located within the Lely Area Stormwater Improvement
Project (LASIP) boundary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular
item requiring a majority vote. - JBW
FISCAL IMPACT: Funds in the amount of six thousand dollars ($6,000.00) are currently available
in the Stormwater Capital Fund 325, Lely Area Stormwater Improvement Project, Project No. 51101.
GROWTH MANAGEMENT IMP ACT: This item improves stormwater flow within the LASIP
boundary. LASIP area improvements are in accordance with the goals and objectives of the Drainage
Sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners accepts this easement and
conditions, and authorizes its Chairman to sign and execute the easement.
Prepared By: Jerry Kurtz, Principal Project Manager, Transportation Services Division, Stonnwater
Management Section
- Attachments: (1) Easement, (2) Location Map
Item Number:
Item Summary:
Meeting Date:
J" '-1.5"'" .1 V~ ~
Agenda Item No. 16815
September 15, 2009
F'age 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B15
Recommendation that the Board of County Commissioners accepts a drainage, access and
maintenance easement from the District School Board of Collier County and pay fifty percent
(50%) of the cost to relocate a section of chain link fence in the amount of $6,000.00.
9/15/2009900:00 AM
Prepared By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
8/24/20094:23:39 PM
Approved By
Caroline Soto
Transportation Services
Administrative Assistant
Date
Transportation Engineering and
Construction
8/26/2009 2:32 PM
Approved By
Therese Stanley
Transportation
Grants Coordinator
Date
Transportation Administration
8126/2009 4:04 PM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney Office
8126/2009 4:12 PM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
8/27/20094:34 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
8/28/2009 1 :47 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
8/28/2009 3:32 PM
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
8/28/2009 3:59 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
8/28/20094:32 PM
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Agenda Item f\Jo. 16815
September 15, 2009
Page 3 of 11
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/2/200910:13 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/20096:09 PM
..C':.1_.1/0.\A.___u_l~'T' ~\I'
Agenda Item No. 16815
September 15, 2009
Page 4 of 11
STORMWATER PROJECT: Calusa Park Elementary
FOLIO NO.: 00399840007
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
THIS EASEMENT, made and entered into this day of
, 2009, by the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, FL 34109,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" includes each parties'
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 non-
exclusive drainage, access and maintenance easement to enter upon and to install and
maintain drainage structures and facilities, including but not limited to ditches, swales,
earthen berms, ~ip-rap and retaining wall systems, underground pipes, and various
types of water control structures over, under, 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.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon. Construction and
future maintenance of the easement area and all facilities therein is the responsibility of
the Grantee. The easement granted herein shall constitute an easement running with
the land and shali burden the lands described above.
Agenda Item No. 16815
September 15, 2009
Page 5 of 11
Within sixty (60) days of the execution of this easement by Grantor, Grantee
agrees to pay Grantor the sum of SIX THOUSAND DOLLARS ($6,000.00), which shall
be the Grantee's portion of the cost to relocate a fence outside of the easement area to
the mutual benefit of both parties.
To the extent permitted by law, Grantee shall indemnify, defend, save and hold
harmless the Grantor, the Grantor's officers, agents and/or employees from and against
suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees,
and costs and expenses (including attorney's fees and all costs of litigation) for property
damage, liability, or death which may result from any willful misconduct or negligent act,
error or omission of the Grantee in connection with this Easement. This indemnification
provision shall not be construed as a waiver of any limitation of liability to which the
Grantee may be entitled under Section 768.28, Florida Statutes.
[SIGNATURE PAGES TO FOllOW]
Page 2 of 5
Agenda Item No. 16815
September 15, 2009
Page 6 of 11
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY. FLORIDA
WITNESSES:
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\(iitness (Signalureb
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Name (Print or Type) .
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'Name (Print or Type)
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By: i. d:::1.t:....~.{___;:_:..// <~ c'- [.0('
Patricia M. Carroll, Chair
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Dennis L. Thompson .-
Superintendent
Approved as to form and
~egal sufficiency:
Page 3 of 5
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WITNESSES:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
ATTEST:
Dwight Brock
Clerk of Courts
Approved as to form and
Legal sufficiency:
'\\13 U~
Jenmfer B. White
County Attorney
Agenda Item No. 16815
September 15, 2009
Page 7 of 11
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Donna Fiala, Chair
Page 4 of 5
Agenda Item No. 16815
September 15, 2009
F'age 8 of 11
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage, Access and Maintenance Easement was acknowledged before
me this _30,~ day of ~j~.)J.".,~ , 2009, by Patricia M. Carroll, Chair of the District
School Board of Collier Cbunt}1; Florida who: .
\ '
X. is personally known to me
OR
produced
identity.
as proof of
(affix notary seal)
Ct.) ~ Q~ 0 ~\ 71 (i A~ QlrnA~)
(Signature of NotarY Public) (J';
f)?t,()r~h /lJA-lderv()fJ-
(Print Name of Notary Public)
.-Jj.':;r;\., DEBORAH A. NAJDENOFF
:.: :0;&',\.:: MY COMMISSION # DO 634659
~:'~'1j EXPIRES: January 30, 2011
"~.p.f..r,..'t'., 8mded Thru Notary PtbIIc UnoelWlile..
Serial I Commission # (if any):
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage, Access and Maintenance Easement was acknowledged before
me this day of , 2009, by Donna Fiala, Chair of Board of County
Commissioners of Collier County, Florida who:
is personally known to me
OR
produced
identity.
as proof of
(affix notary seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My Commission Expires:
Page 5 of 5
Agenda Item I'Jo. 16815
September 15, 2009
Page 9 of 11
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage, Access and Maintenance Easement was acknowledged before
me this 30 ().. day of ;Yu t- V , 2009, by Patricia M. Carroll, Chair of the District
School Board of Collier County', Florida who:
X is personally known to me
OR
produced
identity.
as proof
of
(affix notary seal)
~ ..~
( " ',/;/
L:<~t-K-C- )lJ. .0aaZ?i:4
(Signarure of Notary 'Puolic)
/
":""~.Y.;~a(,,, DIANE M. RUSTAY
(Print Na~d~~E'mA~~
<', 0' "tf""~ Bonde<l ThrJ BI};l~llIolary Sel\'lces
Serial/Commission # (if any):
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainag~SS and Maintenance Easement was acknowledged before
me this 30~day of ,2009, by Donna Fiala, Chair of Board of County
Commissioners of Colligr Caar\ty, Florida who:
\ .
'x. is personally known to me
OR
produced
identity.
as proof of
(affix notary seal)
.....~..,,~.r~ OEBORAH A. NAlDENOFF
f.f'''".&. ~A MY COMMISSION ~ DO 634659
~'&;;i EXPIRES: January 30, 2011
"'),..~r:::'~l[,..' Bonded Thru Notary Publlc UnOefflnt."
~, I A ,,\ . I (r
J J.:;'y""lY',4 h ,. ';\1 hid€J\! (ljT
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Page 5 of 5
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