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Agenda 12/02/2008 Item #16B 5 Agenda Item No. 16B5 December 2, 2008 . Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non- Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate City area. Proj ect No. 600831 (Fiscal Impact: $800.00) OBJECTIVE: To obtain Board of County Commissioners' approval of an Agreement for the donation of a .028 acre Perpetual Non-Exclusive Sidewalk and Access Easement in the Golden Gate City area, CONSIDERATIONS: The Alternative Transportation Modes Department has been implementing a plan for the installation of Bus Shelters for the Transit System. One of the shelters identified on the initial list is located on Golden Gate Parkway just east of 50th Street SW. In order to construct the proposed shelter in accordance with ADA requirements the foundation must be tied into an existing sidewalk. Initial research confIrmed that the sidewalk was not contained within the road right-of-way as is customary. The sidewalk is currently located on private property owned by SPTV Inc. Therefore, staff contacted the owner and the owner agreed to donate the easement to the County. FISCAL IMPACT: Costs incurred by the County for the execution of this agreement will be for title work and the recording of the Easement (approximately $300), There is a possibility that the mortgage holder may require a fee to subordinate their interest; those fees are usually at or under $500, Therefore, the total possible fiscal impact is $800. Funds are available in CAT Transit Enhancement Fund 426. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This request has been reviewed by the Office of the County Attorney and is legally sufficient for Board action. - JAB RECOMMENDA nON: That the Board of County Commissioners of Collier County: 1. Approve the attached Agreement; 2. Authorize its Chairman to execute the Agreement on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the Easement and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared By: Michelle Edwards Arnold, Department of Alternative Transportation Modes Debbie Armstrong, Assistant Manager, Right of Way Acquisition Attachment: Agreement Page 1 of2 Agenda Item No. 16B5 December 2, 2008 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B5 Meeting Date: Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non- Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate City area Project No. 600831 (Fiscal Impact: $800.00) 12/2/20089:00:00 AM Prepared By Debbie Armstrong Property Acquisition Specialist Date Transportation Services TECM-ROW 11/6/200812:33:52 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 11/13/200810:47 AM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 11/13/200811:55AM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 11/13/2008 1 :12 PM Approved By Norm E. Feder, A1CP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/13/2008 1 :32 PM Approved By Barbara LaPierre Ma nagemenUBudget Analyst Date Transportation Services Traffic Operations 11/13/20084:27 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 11/14/20089:38 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 11/14/20084:42 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11/17/20088:54 AM file://C:\AgendaTest\Export\117 -December%202,%202008\16.%20CONSENT%20AGEN... 11/25/2008 Page 2 of2 Agenda Item No. 16B5 December 2, 2008 Page 3 of 7 Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 11/17/20081:25 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 11/20/20085:56 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 11/20/20086:06 PM file://C:\AgendaTest\Export\117-December%202,%202008\16.%20CONSENT%20AGEN... 11/25/2008 Agenda Item No. 16B5 December 2, 2008 Page 4 of 7 PARCEL No(s): 99999-162SAE FOLIO No(s): 36444080003 36444120002 36444160004 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2008, by and between SPTV, INC., a Florida corporation, whose mailing address is 10090 Intercom Dr. Unit 8-13, Fort Myers. FL 33913-7786 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a politic" su~division of the State of F!orida, whose mailing address is 330\ Tamlami Trail East, Naples, Flonda 341 t2 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Perpetual, Non-Exclusive Sidewalk and Access Easement over, under. upon and across the lands described In Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the bene\it to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County, NOW, THEREFORE, in consIderation of these premises, the sum of Ten Dollars ($\0.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, tt IS agreed by and between the parties as follows: I. Ail 0; the above RECiTALS are true ana correct ana are hereoy expressly incorporated herein by reference as If set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a property executed easement Instrument) is hereinafter referred to as the "ClOSing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove. release or subordinate such encumbrances from the Property upon their recording In the public records of Collier County, Florida. At or pnor to Closing, Owner shall provide Purchaser with a copy of any eXisting pnor title insurance policies. Owner shall provide such instruments. properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and VOid, and of no further force or effect, unless C!cs!nr sha:! r)ccur '{!'thin ninety (90) d")'~'j, "from the IJi.;ae CO\.inty executes thIS Agreement; provided: however, that County shall have the unilateral right to extend the term of thiS Agreement pending receipt of such instruments. properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage. lien or other encumbrance recorded against the property underlying the Easement. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure fo the benefit of and be binding upon the parties hereto and their respective heirs, executors, Agenda Item No. 16B5 December 2, 2008 Page 5 of 7 personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions. or premises other than those so stated above; and this written Agreement, Including ali exhibits attached hereto, shali constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written Dr oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. This Agreement IS governed and construed in accordance with the laws of the State e,f Flonda IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Deputy Clerk BY: TOM HENNING) CHAIRMAN AS TO OWNER: DATED: ~ ck~' ().uJLfar,~ V'v'ilnetiS (Sigmuure) LINDA /I, t.0 /lah1s Name (Print or Ty ) . (j 'itness (Signature) JaM/V!; V8J./c11j Name (Print or Type) SPTV. INC., a Florida corporation /' ~/{/(-U By: Thomas C. Venetis, Director ~~ Witness (Signature) G-eo~ ?~.~ ~me (P;7e) Wilt (Signature) )jrJl,wd,,' IlTYJ Name (Print or Type) ---- By: Sj' anos Perizes. Director Approved as to form and legal sufficiency: ~(.l A<, 1 ~ ASSistant County Attorney o.16B5 2,2008 e 6 of7 Decemb ~" iliQ UlZ ;:;1-< "'0 z-., 15m -< OZ o~ ",Z Z'" 01 '" o -., c- o --< .'" OJ c- o (') ^ '" ... ~ HIBIT age-t-of '" ,. <0 N '" "'u o"{ 0." X\Cv !Iv N39'23'32"W 125.00 " 0 Cv 0 0. N N39"23'32"'W 0 125.00' '" ::;E 0 X\ 0", o. '" 0 0 01 N39"23'32.W rrl "'. '" 125.00' )> "'o? 0 C) I 0 0. I fTl N39"23'32"W -< 125_00' " 0 0) 0 o. rn N39"23'3Z"W 0 125.00' () \; ^ -f:'- 00 CO '" z '" '" 0 0 01 01 ",' '" ...; ...; '" "', '" "' " " 0 0 0 " 0 0 0. 0. CvCv !Iv Cv "'''' 8~ ." '" u "' ~ <0 ()'" THE EllBOSSED SEAL or A PROFESSIONAL URVEYOR AND JUPPER .--., o.rnTl"Jo PREPARED BY i.ntlSl$/IIOT"Pl'In' DATE 8/12/08 2.lUoRIIlGliHOIIolMEllEONNlEIIAIl1bONTHr DEAN R. DAVIS, PSU: ~~:;c ~~ lall PROFESSIONAL SURVEYOR AND MAPPER FL. REG 4822 BOARD OF COLLIER COUNTY COMMISSIONERS TRANSPORTA.TION SERVICES DIVISION ROAD llAINTl!:NANCE DEPARTMENT 2e8lS SOUTH HORSESHOE DRIVIl NAPLES. JI'LORlDA. 341lU (239) 252-8192 NOT VALID UNLESS SIGNED AND S """ SKETCH AND DESCRIPTION 6.0' 1'JDE SIDEWAll( EASEIlENT ALONG GOLDEN GA'll PA!lKlIAY """, --- - -- \"- -- , - 011/12/011 080140 1 OF2 6 411 AD! 31 '."V 0.16B5 EXHIBIl'e~m~ r 2, 2008 page....1- of...2....: ge 7 of 7 LEGAL DESCRIPTION THE NORTHWESTERLY 6.00 FEET OF LOTS 3, 4, 5 AND 6 OF BLOCK 248 OF THE PLAT OF GOLDEN GATE UNIT 7 AS RECORDED IN PLAT BOOK 5, PAGE 135 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICUARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERL YMOST CORNER OF LOT 3, BLOCK 248 OF THE AFOREMEN~ONED PLAT OF GOLDEN GA TE UNIT 7; THENCE RUN N50"36'28"E A DISTANCE OF 200.00 FEET; THENCE RUN S39"23'32"E A DISTANCE OF 6.00 FEET; THENCE RUN S50"36'28"W A DISTANCE OF 200.00 FEET; THENCE RUN N39"23'32"W A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 0.028 ACRES OR 1200.00 SQUARE FEET, MORE OR LESS. NOT VALID UNLESS SIGNED AND S&ALID WITH THE hlBOSSED SEAL or A PROFESSIONAL SURVEYOR AND KAPPER ",.. SKETCH AND DESCRIPTION -", ~ PREPARED BY ~ 6,0' WIDE SIDEWAlK EASEMENT i. ~~~ o\AI! IWQI ON lHI: g~ R. DAVIS ~ OOLDn :~GpARKWJ.Y ~"::~~OA. ~O:~Ofa~2'SURVEYOR AND MAPPER BOARD OF COu..IER COUNTY COMMISSIONERS $lET, Dllln4N TRANsPORTATION SERVICES DIVISION ROAD KAINTENANCE DEPARTMENT 2~ali SO'UTH HORSESHOE DRIVIl NAPLES. FLoRIDA. S4J.04 (239) 252-8192 --- - __t.. -- - '/12/00 2 - -- 2. . AO' 0"