Agenda 04/08/2008 Item #16C 2
Agenda Item No. 16C2
April S, 200S
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to accept a Right of Entry required for access to Master Pump Station 317
at a recording cost not to exceed $10.00, Project 730841.
OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier
County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District
(CCWSD), accept a Right of Entry from the property owner of the Links of Naples permitting the
CCWSD legal access to its master pump station, #317.
CONSIDERATIONS: The CCWSD was granted a Utility Easement in March of 1993 to access
Master Pump Station 317 from the right of way of US 41. However, physical access to the master
pump station from the right of way is impossible due to the existence of a wide canal which lies
between US 41 and the pump station. Until such time as a new permanent easement can be
conveyed in conjunction with the property owner's future plans of re-development, the Right of
Entry granted by the property owner of the land on which the master pump station is sited will
allow CCWSD operations personnel an alternate legal access to the master pump station.
The Property Owner has agreed to grant the Right of Entry at no cost to the County.
~,
The attached Right of Entry has been reviewed and approved by the County Attorney's Office and
the Public Utilities Engineering Department. This interim solution meets the requirements of the
Wastewater Department.
This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of
County Commissioner (Board) on June 6, 2006, under Agenda Item 10(B). This project is
referenced in the Wastewater Master Plan under Section 8, Page 4 of 5 Line 81.
A Location Map depicting the route for access to the master pump station is attached.
FISCAL IMPACT: The total cost will not exceed $10.00 tor recording the Right of Entry. Funds
in the amount of$IO.OO are available in the FY 08 budget for this action in Project 730841. The FY
08 budget was approved by the Board of County Commissioners on September 20,2007. Source of
funds is Wastewater User Fees (414).
GROWTH MANAGEMENT: This project meets current Growth Management Plan standards to ensure
the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the governing
Board of the Collier County Water-Sewer District:
1. Accept the Right of Entry;
-
2. Direct the County Manager or his designee to record the Right of Entry in the Public
Records of Collier County, Florida.
PREPARED BY:
Marlene J. McLaughlin, Property Acquisition Specialist
Real Property Management/Facilities Management Department
Page lof2
Agenda Item No. 16C2
April 8, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C2
Item Summary:
Recommendation to accept a Right of Entry required for access to Master Pump Station 317
at a recording cost not to exceed $1 O,QQ, Project 730841.
4/8/2008 90000 AM
Meeting Date:
Prepared By
Marlene McLaughlin
Property Acquisition Specialist
Date
Administrative Services
Real Estate Services
3/6/20085:42:06 PM
Approved By
Shanthi Sridhar
Project Manager
Date
Public Utilities
Public Utilities Engineering
3/7/2008 9:07 AM
Approved By
Toni A. Matt
Real Property Supervisor
Date
Administrative Services
Facilities Management
3/10/20089:18 AM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
3/11/200812:50 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
3/11/20084:51 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/17/20089:40 AM
Approved By
G. George Yilmaz
WasteWater Director
Date
Public Utilities
WasteWater
3/18/200810:57 AM
Approved By
Roy B. Anderson, P.E.
PubliC Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
3/18/20084:06 PM
Approved By
James W. DeLany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3/19/20081:38 PM
Approved By
file://C :\Agenda T est\EXDort\ 1 04-Aoril%208. %202008\ 16. %20CONSENT%20AGENDA \ 16 ... 4/2/2008
Susan Usher
County Manager's Office
Page 2 of 2
Agenda Item No. 16C2
April 8, 2008
Page 3 of 5
Senior Management/Budget Analyst
Date
Office of Management & Budget
3/26/200812:47 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/26/20083:01 PM
file://C:\AllendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16,%20CONSENT%20AGENDA \ 16... 4/2/2008
I
Project: Improve Access 10 Lift Stations
Folio: 00763280507
Prepared By:
Jennifer A. Befpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples. Florida 34112
(239) 774-8400
Agenda Item No. 16 2
April 8, 2 08
Page 4 5
RIGHT OF ENTRY
KNOW ALL PERSONS BY THESE PRESENTS that NAPLES GOLF DEVELOPMENT, L.L.C.,
a Michigan limited liability company, whose mailing address is 22 Sunningdale Drive, Grosse Point
Shores, Michigan, 48236. hereinafter known as "Grantor', for and in consideration of Ten Dollars
($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, its agents, contractors or assigns, whose mailing address is 3301
Tamiami Trail East. Naples, Florida 34112, hereinafter known as "Grantee~, the temporary license and
right to enter upon the lands of the Grantor for all purposes of access, ingress and egress from the
public right of way of U.S. 41 to the utility facilities on the following described property:
A tract or parcel of land being in the southwest quarter (SW 'X) of Section 17. Township 51 South,
Range 27 East, Collier County, Florida being described as follows:
From the Point of Commencement being the southwest corner of said Section 17; thence N. 00 31' 46"
E. for 1516.09 feet along the west line of said Section 17; thence S. 54' 22' 01" E. for 1593.74 feet
along the northerly right of way of Tamiami Trail (U.S. 41 State Road 90 being 200 feet wide) to the
Point of Beginning; thence continue S. 54' 22' 01" E. for 100.00 feet along said right of way; thence
N. 0' 29' 37" E. for 100.00 feet; thence N. 54' 22' 01" W. for 10000 feet; thence S. 0' 29' 37" W. for
100.00 feet to the Point of Beginning.
Containing 8,176 square feet more or less.
ALL RIGHT AND PRIVILEGE herein granted shall terminate at such time as a permanent
perpetual easement, compatible with Grantor's development plans, is conveyed to Grantee.
ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the
reasonable exercise thereof by Grantee, Grantee agrees not to unreasonably interfere with Grantor's
existing, intended, and continued use of the lands aforementioned, and agrees that it shall, at the
Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence.
(
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/.J.f"~, ~ , )jig k
Witness (Sign~) .
()"",isP_ ?I)f',v+e--
Name (Print or Type)
STATE OF .f?1I'~/h'#A/
COUNTY OF ..(fK//Jh/1
The foregoing Right of Entry was acknowledged before me this 'l./tJ of ,!liNt< 4tZ<f ' 2008
by Wayne T. Wallrich, Manager, on behalf of Naples Golf Development, LL.C., who is oersonally
known to me or who has produced as identification.~
WITNESS my hand and official seal this~day of 7/lNJ- AJ2<-f
(affix notarral seal) (/1 ^ 'oIl . 0. \ 'i7:r.:-!L&J
(Signature of Notary Public)
,2008.
HEIDI D. STOKES
--.......-
County",-
..:e::=.~'" 27,211"
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any)
My Commission Expires
Apprr,ved as to form & legal sufflolency
~'\-l,~.l
'" l ,. .. _...
, County A ney
Agenda Item No. 16C2
April 8, 2008
Page 5 of 5
LOCATION MAP