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Agenda 03/11/2008 Item #16B 1 Agenda Item No. 16B1 March 11, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve an Agreemcnt and accept a Drainage Access and Maintenance Easement for the donation of property reqnired for the Bayshore Drive & Thomasson Drive Stormwater Improvement Project. Project #511341. (Estimated fiscal impact $30.00.) OBJECTIVE: Approve an Agreement for the acquisition of a Drainage Access and Maintenance Easement for the Bayshore Drive & Thomasson Drive Stonnwater Improvement Project having Project Number #511341. CONSIDERATION: The Stonnwater Management Department has been actively involved in the design, pennitting, and construction of the Lake Kelly Drainage Stonnwater Improvement Project System for a number of years. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier County in the Bayshore Drive & Thomasson Drive Stonnwatcr Improvement Project segment upon execution will provide the legal right to access and maintain the conveyance way and adds to the overall Lake Kelly Drainage Project outfall system in compliance with the Growth Management Plan. _- The Agreement and Drainage Access and Maintenance Easement have been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: Fiscal Impact associated with this Executive Summary IS $30.00 (recording fees) and is available, Source of funds are Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Agreement; and authorize the Chainnan to execute same on behalf of the Board; and 2. Accept the conveyance of the property via a Drainage Access and Maintenance Easement as stated in the Agreement and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 3. Authorize the County Manager or his designee to take the necessary measures to ensure the County's perfonnance in accordance with the tern1S and conditions of the Agreement; and 4. Approve any and all budget amendments, which may be required to carry out the collective will 0 f the Board. Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM -- Attachments: (I) Agreement; (2) Drainage Access and Maintenance Easement Page 1 of 2 .1\genda Item No. 16B 1 March 11, 2008 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B1 Meeting Date: Recommendation to approve an Agreement and accept a Drainage Access and Maintenance Easement for the donation of property required for the Bayshore Drive & Thomasson Drive Stormwater Improvement Project. Project #511341. 3/11/200890000 AM Prepared By Margaret Kreynus Property Acquisition Specialist Date Transportation Services TECM-ROW 2/15/200812:07:29 PM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportation Engineering and Construction Management 2/19/20086:15 AM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 2/25/200810:40 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 2125/2008 1 :54 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 2/25/20082:34 PM Approved By John Vliet Roads Maintenance Superintendant Date Transportation Services Road Maintenance 2/25/20084:20 PM Approved By Gerald Kur..z Senior Engineer Date Transportation Services Stormwater Management 2/25/20084:35 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 2/26/200810:39 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 2/26120083:17 PM file://C:\AQendaTest\ExDort\ I 02-March%2011.%202008\ 16.%20CONSENT%20AGENDA \ 1... :1/5/2008 Page 2 of 2 Agenda Item No, 10B 1 March 11, 2008 Page 3 of 9 Construction Management Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 2/27120089:30 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 2/28/20087:58 AM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 2/29/20083:38 PM Approved By James V. Mudd County Manager Date Board of County Comn;issioners County Manager's Office 3/3/20085:44 PM file://C:\AgendaTest\ExDort\ 1 02-March%20 11.%202008\ 16.%20CONSENT%20AGENDA \ 1.., 3/5/2008 Agenda Item No. 1661 March 11, 2008 Page 4 of 9 PROJECT: 511341 FOLIO NO.: 61840560008 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of ; 2008, by and between CIRRUS POINTE PARTNERS, LLC. whose mailing address is 15544 Monterosso Lane Unit 102. Naples, Florida 34110 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamlami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive access, drainage. and maintenance easement for the purpose of constructing, operating, and maintaining drainage structures and facilities, including but not limited to canals, d~ches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures within the easement area. This easement Includes the right to remove and use any and all excavated material and to construct and maintain a stabilized roadbed facility capable of providing access for vehicles and equipment thereon and adjacent thereto, 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 benefit to Owner and desrres 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 [$10.00), and other good and valuable consideration, the receipt and suffiCiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, All of the above RECiTALS are true and correct and are hereby 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 properly executed easement instrument) is hereinafter referred to as the "ClOSing." 3, Prior to ClOSing. Owner shall obtaIn from the holders of any liens, exceptions andlor qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon therr recording in the public records of Collier County, Florida, 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 Closing shall occur within ninety (90) days from the date County 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 requrred to clear title, all Easement recording fees. and any and all costs andlor fees associated with Agenda Item 1"0, 16B1 March 11, 2008 Page 5 of 9 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 to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the contex1 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 all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pfiOr or contemporaneous written or 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 of Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY Deputy Clerk Chairman AS TO OWNER: CIRRUS POINTE PARTNERS, LLC a Flonda limited liability corporation "Q;;b~ --r: ~7 ~ Name: "0I+AJbJ ,-. !-1El...lfi (Print or Type) Title: ;'/JA uAi2.rC (Pnnt Title) i'llQ 1Vt.., 1-1. I h'U,.-y1~ DATED: ;'/,- /Q-07_ ~ ,,~~ "" - (::. ~""'~h~_: Witness (Signature) Approved as to form and legal suffiCiency: .Ll~ J, t ~ ~---_./' Heidi F. Ashton Assistant County Attorney I I I I 1 I I I I I I 1 I EXHIBIT l Page -'-..of-L- Agelda Item-f'o. 1661 March 1, 2008 Pa e 6 of 9 cc ..,:-~ ;~ g~ 5j": '" "-'"" :54") I-~ BiS !'<; ~ -- , 0' 50' 100' SCALI: r" = 100; LOT 103 IIAPLES G,qovr AIID mUCK co's. UTTle FARMS #2 , 0> <:i ~ 50.0' -. c:i ~ ~ ~ ~ c:; ~ &S ~ ~ ~ ~ ~ 50,0' 1 I I ~I ~: ~\ 251 ~i I ~I I I I I I r~ " 50;00' THOMASSON DRIVE LEGAL DESCRIPTION DESCRIPrrOI/ OF A DRAII/AGE EASEMEI/T: TIlE EASr 50.00 FEET OF TIlE FOLLOKII/G DESCRIBED PARCEl: LOT 103 NAPLES GROVE ANO TRUCK CO's LITTlE FARMS #2 ACCORDING TO THE PLA T THEREOF RECORDED IN PLIiT BOOK NO, I, A T PAGE 27A, OF TIlE PUBLIC RECORDS OF COWER COUNT~ FLORIOA. CONrAINING 16500 SO FEET, MORE OR LtSS. ., <i: NOTES: 1, -:THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER'lAnONS AND/OR RESTRICilONS OF RECORD. 2, D/MENSJONS SHOWN HEREON ARE IN rEfT AND DECIMALS 7l-IERfOr. ~~ g " ;;, ~ i ~ :> 1 .' ,. ;; . " o Q. GRADY MINOR AND ASSOCIATES, P,A. CERrrnCA TE OF AUrriORIIA rrON NUMBeR LB, 515t Sj,QI/[(j:3-"!'2;do -0"] ,:~"~<>,':V'i!4/:~:;~S".. " "'.... 'Ow > " ~ f. * THIS IS NOT A SURVEY * Q, GRADY MINOR AND ASSOCIATES, FA. CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS 3800 VIA DEL REY BONITA SPRING...9, FLORIDA 34134 PHONE' (239) ,947-1144 FAX' (239) 947-0375 CERTIFfCJ.TE oJ!' AUT[!ORrZATlON NUMBER LB 5151 , p,s.M. ;#6408 STA TE OF FLORIDA ~ !".,':ht';,~ JOB CODE: CCU27 SHEET: 1 OF 1 DRA WII BY: RR SKETCH AND LEGAL DESCRIPTiON DRAINAGE EASEMENT SEerION 14. 'f'OfYNSRJP 50 :SO!J7'H. RANCE 25 Ji'AS COLYER COllN:rY: .l'LORfj)A DATE: FEBRUARY, 2007 'DRAWING: B-3320 ,,: Agenda Item 1-.10, 16B 1 March 11, 2008 Page 7 of 9 PROJECT: 511341 FOLIO NO,: 61840560008 DRAINAGE, ACCESS AND MAINTENANCE EASEMENT ~HIS EASEMENT, made and entered into this J!t!} day of 1-1cJ~, 2007, by CIRRUS POINTE PARTNERS. LLC, whose mailing address IS 15544 Monterosso Lane Unit 102. Naples. Flonda 34110, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivIsion of the State of Flonda, whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112, (hereinafter referred to as "G rantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and theIr 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 perpetual, non~exclusive access, drainage, and maintenance easement 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. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together With the nght to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage structures and facilities, Including but not limited to canals, ditches. swales. earthen berms. rip-rap and retaining wall systems, underground pipes, and various types of water control structures Within the easement area. This easement includes the right to remove and use any and all excavated material and to construct and maintain a stabilized roadbed facility capable of proViding access for vehicles and equipment for perpetual maintenance ot drainage facilities thereon and adjacent thereto, The easement granted herein shall constitute easements running with the land and shall burden the lands described above, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. CIRRUS POINTE PARTNERS, LLC a Flonda limited liability c oration ~ ,-". ~ "'-"'v,\,,~_ Witness (Signature) ~ Witness (Signat :m ' '- 7/(Uf':' L, Name (Print) (Signat e Name: ..:lAP--IE.5 S h r:.i.J:(j (Prrnt) Title MAlJl&a" (Print Title) Agenda Item No. 16B 1 March 11, 2008 Page 8 of 9 STATE OF ;:t..Lr!?.J~ COUNTY OF fllY ( - The forego.i(l9 grainage, AC(.cess and Maintenance Easement was ~kl}9wledged before me \hIS .L!:1!!:. day of ~, 2007, by \JlJUI;:\ \'J. f-IFl.il..... the 1-'{4tJ~ an behalf of Cirrus Pointe Partners, LLC, a FlOrIda limited iiabiiity corporation, who.: --X- is persanally known to me OR produced identity. STACIE L STOLZ MVCOMMISSION'DD44023i EXPIRES:Jutv5,2OOIl 9tr8ITl1\IN~FIMI;Urdl"""" (Signature of No ary Public) ,-~f{;. L. ....."'rrDZ-L (Print Name af Natary Pubiic) Senall Commission # (if any): ';J;b ;.f4iJ?3 J My Cammlsslon Exprres: '/- '5 -{Fl af (affix notarial seal) ~Jlcul Approved as to form and Legal sufficiency: CJ~ f/- ~Idi ~ Ashton ASSistant County Attorney - Las~ Rev~sed: 7./6/07 2 I I I 1--- I I I ~l ~ II ~l ~ ~ ..-< 21 h~ ,,: " " ? I I I \ I I I , Agera a Item 10.1 ~ March 1,2 ';,. c., Pa e9 EXHIBIT A- ~~ ;;b; Page -L-of-=:::' g~ - - &1": ,V) ~~ - , ~ 50' lOa' tr;fu SCALf: r.::l toO' t1i~ e --------------~-------------- 50,0' , . -" c:::3 . ~ ; ~ , , V:l LOT 103 <:> <:> N <::l <::l t-;; NAPLES GROvr ANO mUCK CO'S, UTTLE FARMS #2 l:l l:l ;<; s..; V:l ~ ~ '-'I 50:00' s: "'" ----------------------------- 50.0' THOMASSON DRIVE LEGAL DESCRIPTION cmPnON OF A DRAINAGE EASEMENT: EAST 50. 00 FEET or THE FOLLOWiNG DESCRiOED PARCEL: . 681 008 of9 ...... o 1-- DES i7{[ LOT 10J NAPL[S GROVE AND TRUCK CDS, LITTLE FARMS #2 ACCORDING ,0 TH[ PlAT THEREOF RECORDED IN PLAT BOOK NO.1, ilT PAGE 27A, OF mE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. CONTA/Nl/",IG 15500 so rEf!, MO,:t[ CR LESS. . NOTES: " .rrl/S PROPERTY IS SUBJECT TO EASEMENTS, ,R.ES[R~/4 770NS AND/OR RESTRiCTIONS or RECO/7D. 2. OI/vlOISIONS SHOWN HEReON AR[ IN f[[T AND DfClMALS THEReoF, ~ ~. " c: , O. GRADY MINOR AND ASSOCIA TES. P.A. CER~FlCATE OF AUi7{ORIZA~ON NUMBFJI L.B, 5151 srGN5{J:,;)J.2J-~ ~~o '7 ,:P> ri;:;'> ~, :r;: , 0, c , P.S,M, 11540B STA TE OF FLORIDA ,. " , ~ / ~ · THIS IS NOT A SURVEY · Q. CRADY MINOR AND ASSOCIATES, p, A. CIVIL ENGINEERS-LAND SURll]iYORS-PLAJiNERS 3800 "TflA DEL REY BONITA SPRINGS, FLORIDA 34134 ;".;:,~,w:" JOB CODE: CCU27 SHEET: 1 OF 1 DRAWN BY: RJ SKETCH AND LEGAL DESCRIPTION DRAINAGE EASEMENT SEC7'/ON i4, 7'OJPNSH'j"P 50 "SOll7l:l; RANCE 25 If'A.:. COI;LJER COWITY, FLORIDA PHONE' (239) 947-1144 FAX, (239) 947-0375 D T . CER'I'1FICATE OF AUTHORIZATION NUMBER iJJ 5151 A 1S: FEBRUl'.Rl; 2007 'DRA WING: B-3320 ,';