Agenda 01/29/2008 Item #16C 1
Agenda Item No. 16C1
January 29, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve the acquisition of a 3,000 square foot Utility Easement
near the southwest corner of 3891 White Boulevard for a public water supply well site
easement, at a total cost not to exceed $14,900, Project Number 701582.
OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for a well
site to accommodate one new public water supply well to maintain the sustainability of the
existing Golden Gate Wellfield.
CONSIDERATIONS: Staff recommends approval and execution of the attached Easement
Agreement between 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 (District), and Robert M. Jones (Property Owner) for the
purchase of a 3,000 square foot Easement in Golden Gate Estates. The Easement will
accommodate one water supply well needed to maintain the sustainability of the existing
Golden Gate Wellfield. The Easement is located in close proximity to an existing raw water
transmission main along Weber Boulevard serving the North County Regional Water
Treatment Plant (NCRWTP). A Location Map is attached.
Real Estate Services' staff appraiser valued the Easement at $13,000. The Property Owner
has agreed to sell the Easement to the District for $13,000.
-
The results of an Environmental Site Assessment perfonned by the County's Pollution
Control Department are favorable.
The Easement Agrcement has becn reviewed and approved by the County Attorney's Office
and the Public Utilities Engineering Department. The Utility Easement will be reviewed and
approved by the County Attorney's Office and the Public Utilities Engineering Department
prior to execution and recordation.
The proposed scope of work is consistent with the 2005 Water Master Plan Update as
adopted by the Board on June 6, 2006 as Agenda Item lOB, Table 8-2, page 3 of 5, line 82,
Project Number 701582. Approval of the acquisition of the Easement will further the
processes of providing sustainable public water supply.
FISCAL IMPACT: The total cost should not exceed $14,900 ($13,000 for the Easement,
$1500 for the Environmental Site Assessment, and $400 for title commitment, title policy
and recording of documents). Funds in the amount of $14,900 are available in the FY 08
budget for this action in Project 701582, Replace Lower Tamiami Wells. The FY 08 budget
was approved by the Board on September 20, 2007. Source of funds is Water User Fees
(412).
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management
Plan standards to ensure the adequacy and availability of viable public facilities.
-
Agenda Item No. 16C1
January 29, 2008
Page 2 of9
EXECUTIVE SUMMARY
Purchase of a 3,000 square foot Easement at 3891 White Boulevard
Page 2
RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District:
1. Approve the attached Easement Agreement and accept the Utility Easement once
it has been received and approved by the County Attorney's Office and Public
Utilities Engineering Department; and
2. Authorize the Chairman to execute the Easement Agreement and any and all other
County Attorney's Otnce approved documents related to this purchase; and
3 Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct the County Manager or his designee to proceed to acquire the Easement, to
follow all appropriate closing procedures, and to record the Utility Easement, and
any and all necessary documents to obtain clear title to the Easement, in the
Public Records of Collier County, Florida.
PREPARED BY: Gary Bigelow, Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Page 1 of2
Agenda Item No. 16C1
January 29, 2008
Page 3 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Meeting Date:
Recommendation to approve the acquisition of a 3,000 square foot Utility Easement near the
southwest corner of 3891 White Boulevard for a public water supply well site easement, at a
total cost not to exceed $14,900, Project Number 701582.
1129120089:00:00 AM
Prepared By
Gary Bigelow
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
112120081:12:34 PM
Approved By
Karen B. Guliani, P.E.
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
112120081 :53 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
112120081 :58 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
112120082:28 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
113120081 :14 PM
Approved By
Roy S. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
114/20084:03 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
117120089:57 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/7120083:42 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
1/17120083:06 PM
Approved By
file:/ /C:\AgendaTest\Export\99-January%2029, %202008\ 16. %20CONSENT%20A GENOA \... 1/23/2008
Page 2 of2
Agenda Item No. 16C1
January 29, 2008
Page 4 of 9
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11201200811:13AM
file:1 Ie :\AgendaT est\Export\99-January%2029, %202008\ 16. %20eONSENT%20AGENDA \... 1/23/2008
Agenda Item No. 16C 1
January 29, 2008
Page 5 of 9
PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 701582
FOLIO NO.: 37994800004
Prepared By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34'12
(239) 774-8400
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this _ day of , 2007, by and between
ROBERT M. JONES, a single man (hereinafter referred to as "Owner"), whose mailing
address is P.O. Box 595, Naples, Florida, 34106-0595, and 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 (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Napies, Florida
34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access, to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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. Owner shall convey the Property via a Utility Easement to Purchaser for the sum
of Thirteen Thousand and noll00 Dollars ($13,000.00), payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and tor any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including attorney's fees and
costs as provided by Chapter 73, Florida Statutes.
2. 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 their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser 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 Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance Instruments to Purchaser in a form acceptable to
Purchaser.
EA-UE
Easement Agreement
Aaenda Item No. 16C 1
" January 29,2008
Page 2 Page 6 of 9
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to the County, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall Indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage recorded against the land underlying the Property from the
mortgagee. The cost of a title commitment shall be paid by Purchaser.
8. 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 context so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
Easement Agreement
Agenda Item No. 16C1
January 29, 2008
Page 3 Page 7 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 2007.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
A nEST:
DWIGHT E. BROCK, Clerk
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
BY:
Deputy Clerk
, Chairman
AS TO OWNER:
'",M~~r
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Approved as to form and
legal sufficiency;
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Agenda Item No. 16C1
January 29, 2008
Page 9 of 9
,:,i
LOCATION MAP