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Agenda 01/29/2008 Item #16C 2 Agenda Item No. 16C2 January 29, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the acquisition of additional easement area for an Access Easement to Lift Station 302.09 at a total cost not to exceed $4,520, Project Number 730841. OBJECTIVE: The public purpose is to acquire an Access Easement to improve access to Lift Station 302.09. CONSIDERATIONS: Staffrecommends 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 Frank J. Dewane, as Bishop of the Diocese of Venice, Florida (Property Owner) for the purchase of an Access Easement on lands occupied by St. Peter the Apostle Church. This Access Easement increases the square footage of an existing Utility Easement for access to the lift station and now overlays and duplicates inch for inch an existing Drainage Easement, which has been recently improved by the County's Stormwater Management Department. Collier County Public Utilities staff will share this route to access the Lift Station behind the Church with Stormwater Management. This cooperation between the two County agencics in utilizing the same easement area for two purposes saves the Church from granting an additional easement in a different location for a separate access to the lift station. A Location Map is attached. ~ Real Estate Services' staff appraiser valued the Access Easement at $4,000. The Property Owner has agreed to sell the Access Easement to the District for $4,000. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Access Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners (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. FISCAL IMPACT: The total cost should not exceed $4,520 ($4,000 for the Access Easement and $520 for title commitment, title policy and recording of documents). Funds in the amount of $4,520 are available in the FY 08 budget for this action in Project 730841, Improve Access to Lift Stations. The FY 08 budget was approved by the Board on September 20,2007. Source of funds is Wastewater User Fees (414). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. .~ Agenda Item No. 16C2 January 29, 2008 Page 2 of 9 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 Access 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 Office 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 Access Easement, to follow all appropriate closing procedures, and to record the Access Easement, and any and all necessary documents to obtain clear title to the Access Easement, in the Public records of Collier County, Florida. PREPARED BY: Marlene J. McLaughlin, Property Acquisition Specialist Real Estate Services / Facilities Management Department Page lof2 Agenda Item No. 16C2 January 29, 2008 Page 3 of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C2 Meeting Date: Recommendation to approve the acquisition of additional easement area for an Access Easement to Lift Station 302.09 at a lotal cost not to exceed $4,520, Project Number 730841. 1129/2008900:00 AM Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Real Estate Services 1121200812:49:02 PM Approved By Shanthi Sridhar Project Manager Date Public Utilities Public Utilities Engineering 1121200812:56 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 112120081:12 PM Approved By Thomas Wi des Operations Director Dale Public Utilities Public Utilities Operations 1/2/20083:52 PM Approved By Skip Camp, C.F .M. Facilities Management Director Date Administrative Services Facilities Management 113/20081:02 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 114120081 :30 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 114120084:06 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/7120089:57 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1n 12008 3 :43 PM Approved By file://r'IApenOHTestIF"nmiI99-1HnllHrv%?O?9 %?O?OORI 1 Ii %?OrONSFNT%?OAGFNnA I l/?l/?OOR Page 2 of2 Agenda Item No. 16C2 January 29, 2008 Page 4 019 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1117120084:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1121/200B 11 :07 AM file:! /C:\AgendaT est\Export\99-January%2029, %202008\ 16. %20CON SENT%20AG ENDA \... 1/23/2008 ., Agenda Item No. 16C2 January 29, 2008 Page 5 of 9 PROJECT: Improve Access to Lift Stations FOLIO: 55450960004 and 55451000002 Prepared By: . Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail EASEMENT AGREEMENT Naples, Florida 34112 (239) 774-6400 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 20OS, by and between FRANK J. DEWANE, as Bishop of the Diocese of Venice, Florida, a Corporation Sole, whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285, (hereinafter referred to as "Owner"), 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 "Purchase~'), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Access Easement for the purpose of 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 an Access Easement to Purchaser for the sum of Four Thousand and No/100 Dollars ($4,000.00) 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 for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. 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. 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. 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. EA-UE Easement Agreement Agenda Item NO.1 C2 January 29, 2 08 Page 2 Page 6 f 9 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 Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or In the vicinity ot the Property to be conveyed to Purchaser; 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 shall 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 10 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(s), if any, recorded against the land underlying the Property from the mortgagee(s), including any apportionment of the compensation that may be required by any 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. g. 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. If the Owner holds the land underlying the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the land underlying the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE Easement Agreement Agenda Item No. 16C2 January 29, 2008 Page 3 Page 7 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 20ar. AS TO PURCHASER: DATED: ATIEST: 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: . Chairman Deputy Clerk AS TO OWNER: DATED: //-26'- 07 FRANK J. DEWANE, as Bishop of the Diocese of Venice, Florida, a Corporation Sole ,......-Wf:_/.'" ~ .M' ;yL, Volodym Smeryk, his At! mey In Fact Frrj/?;1/tA. 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'" b~ ~ :> "' N _ iil eo; '" <I ~~ ti ~ 0 iJ >-' e.~ '" ~ z ;:: w w ~ 0 " ~ ~~~ ~ 0 " z << 4:z3 ~ 0 w~:::E ~ '" '" ,,~ a~ .", Uw Wwo ~ ,"z ~rou i' 13'" z z~~ Ie ~ ui:\ " ~~ '" -00 ~ ~ ~ ,. "'0. '" l:li~~ ". ... vi <<-- 0 :;: '" ~:g' z'" ::i 00 ~ . '" ",,,, W "'0.0. lr Y.?O'UI ~ :;:<' "'w vi ... z ~~ ",w 0 Q II " (0) Dd '8 fIJ) I 'ON JJN{J 0:;: U~ Z 0. Z ~z .....-._4 '" SEr.LYJ.StI 7Y.JIdOHlA H1 ~ t5~~ ~ ~~ & ~oo :i~ vi w Cic.:~ " ~ z 0 a V;j2 w "":N1"'i avo~ )J.::>DWWYH !DlVNS3'1ll V1l ~ ~ ~o " "'- t:~ '" :fl:] 0: =--~ o~ " ~ zo ""' <<~ " Agenda Item No. 16C2 January 29, 2008 Page 9 of9 Existing lift station 302.09 Easement < .,~~1;io",i0~:~~"",~i';'f~' .....':.':...~.";1t('. ~~:;;;~.;~~u._~t';;;;<i7;;;T;~~~7~s_j~:.Ii . >s;s::;;: it " ,~':>'-:&; Location Map for Proposed Access Easement to Lift Station 302.09 Located on property owned by the Diocese of Venice St. Peter the Apostle Church Rattlesnake Hammock Road