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Agenda 11/12/2019 Item #16C10 (Utilitiy Easement for Project #70043)11/12/2019 EXECUTIVE SUMMARY Recommendation to approve the Easement Agreement with Bradstrom Village Condominium Association, Inc., a Florida not-for-profit corporation (“Sellers”), at a cost not to exceed $4,553 for the acquisition of a Utility Easement for proposed water and wastewater infrastructure improvements, Project Number 70043. OBJECTIVE: To purchase a utility easement which will provide safer access and install a permanent generator for Pump Station 300.06 as a reliable back-up power source in Basin 300. The public purpose is to bring outdated or inadequate utility infrastructure into compliance with current county standards while meeting the demand for service, improving reliability, protecting public safety, and providing proactive environmental protection. CONSIDERATIONS: A perpetual, non-exclusive utility easement is necessary. The Sellers are willing to grant an easement for future water and wastewater service to Collier County Water Sewer District at the cost of its appraised value. Real Property Management’s in-house Real Estate Appraiser has determined the fair market value of the property to be $3,553. A copy of said Appraisal is attached for reference. FISCAL IMPACT: The total outlay should not exceed $4,553 ($3,553 for the utility easement and approximately $1,000 for title commitment, title policy, and recording of documents). Funding is available in the Gravity Sewers Project 70043 in Wastewater Capital Fund (414). The source of funding is from wastewater user fees. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for any Board action - JAB GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board: 1. Approves and accepts the attached Easement Agreement and Utility Easement with Sellers; 2. Authorizes the Chairman to execute the Easement Agreement with Sellers, and any and all other County Attorney’s Office approved documents related to this transaction once they have been approved by the County Attorney’s Office; 3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; 4. Directs the County Manager or his designee to proceed to acquire this easement, to follow all appropriate closing procedures, to record the Utility Easement and any and all necessary documents to obtain clear title of the easement, and to take all reasonable steps necessary to ensure performance under the Easement Agreement. Prepared By: Deborah Goodaker, Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Appraisal NEW (PDF) 2. Easement Agreement w-Exh A (PDF) 3. Utility Easement w-Exhibit A (PDF) 16.C.10 Packet Pg. 1452 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.10 Doc ID: 10574 Item Summary: Recommendation to approve the Easement Agreement with Bradstrom Village Condominium Association, Inc., a Florida not-for-profit corporation, at a cost not to exceed $4,553 for the acquisition of a Utility Easement for proposed water and wastewater infrastructure improvements, Project Number 70043. Meeting Date: 11/12/2019 Prepared by: Title: Property Acquisition Specialist – Facilities Management Name: Deborah Goodaker 10/17/2019 12:06 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 10/17/2019 12:06 PM Approved By: Review: Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/17/2019 1:51 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/17/2019 2:17 PM Facilities Management Drew Cody Director - Facilities Skipped 10/18/2019 8:54 AM Facilities Management Toni Mott Additional Reviewer Completed 10/18/2019 12:11 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/21/2019 2:24 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/21/2019 4:52 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/23/2019 3:55 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/25/2019 3:34 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2019 3:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/28/2019 12:34 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/01/2019 9:31 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 9:57 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 16.C.10 Packet Pg. 1453 Appraisal Report for: Project Name: PS 300.06 Generator Easement Project Number: 70'145.1 Fund Number: 414 1. Customer Department PUED Customer Contact: Perry Peeples Phone Number: Ext 8073 Subject Property Address: 338 Bradstrom Circle, Naples. FL OPTK'{ 1- rcCENT INEEB oFTrot{ 2 - c r{erIaEE t MEW FROM S1 ANDREWS ELVD FROM BFADSTBOM PUMP STATION 3OO.06 -l --....-: I F f fI f I f]-] \;,u I * 16.C.10.a Packet Pg. 1454 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) Proposed Gen Site Existing Site I ) a, l;l -llFil\ { .-. t !*-- 'lt" ; ?i-L^ t J .;'r EETEEE}If.;tqT ,r[C,t,. 7 & rJi +r.' i .t 1 .) lr*,.,..."rt"*r.-il ,r- 16.C.10.a Packet Pg. 1455 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) t#T,qYf-*?"gHLE,ARD CURVE TAELE cuavt I naorus DELTA CHORO BEAR]NC C']CRD LENCIH cl l zzoo.oo' l o :s o+' j s82 58'J2"8 2s OO 25 AA c2 22AA OA O54 42' SAJ 45 l5',',L 15 OO',15 00' ) zzso.oo l o s.: sz" I *es'+s +2"* -l:" ooC]35 00 P,O.C aNIf CORN€R OF LOf t, RLOCK 22, LELY CALF ESTAT€s ST. ANOREIYS €ASf (PR 10, PC a8) PUAUC RECAROS OF ,COLLIER COUN|Y, ftORIOA I s- P, O.B NORIH.RLT LNE Af LAI I C/C2 I J'J o d----ol oL t0'u€z 4,^ .; "".:3 ^. a9 C3 DESCRIBED PARCEL OF UND (1,054 SA. Fr t)N 25 0€ BtocK 22 LELY GOLF ESTATES ST, ANOREWS E,$I (PB 1O, PC 9A)(a,4, I I PHASE ] B&AOSTROM VILLAGE, A CONDOMINIUM PHASE 1 BRAOSIROM VILLAGE, A CONDOMINIUM (oRB 1415, PG r 107) () I I I (oRa 14r5, PG r r07) DESCRIPTION A PARCEL OF LAND LYNG IN LOT 1, BLOCK 22, LELY GOLF ESTATES SI. ANDREWS EAST SECNON 20. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 50 (NTENDED DISPL Y sc,ALE: r"=50 ) 5 A PARCEL OF LAND LYING IN A PORTION OF LOT 1,8LOCK 22, LELY GOLF ESTAIES ST. ANDREWS EAST, AS RECORDED IN PIAT BOOK 10, B PACE 96, OF IHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO LYNG IN A PORTION OF PHASE 3, BRADSTROM VILLAGE, A6 CONDOMINIUM, AS RECORDEO IN OFFICIAL RECORDS BOOK ]4]5, PAGE 11O7. OF SAIO PUBLIC RECORDS, SECTION 20, ]OWNSHIP 50 SOUTH,I R,ANGE 26 EAST, COLLIER COUNTY, FLORIOA, EEING MORE PARTICULARLY OESCRIAED'AS FOLLOWSI R COMMINCING AI THE NORTHWEST CORNER OF IHE AFOREMENTIONED LOT 1, S.'\]D POINT BEING THE BEGINNING OF A CURVE TO THE LEFT, 9 a 1 TI.IENCE ALONC ]HE NORTHERLY LINE OF SAIO LOT ] AND SAID CURVE IO IHE LEFT HAVING A RAOIUS OF 2,2OO.IN FEE] (CHORO BEARINC s.82'58'12"E.) (CHORD 2s.OO FEfr) (OELIA 0o'f,9'04") EOR A oTSTANCE OF 25.00 FEEr TO THE PO|NT OF EEGTNNTNG FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONC SAID CURVE TO TI]E LEFT HAVING A RAOIUS OF 2,2OA.OO FEEI (CHORD BEARING s.8J45'25"E.) (CHORD 35.00 FEft) (oELTA 00'54'42) FOR A oTSTANCE OF 35.00 FEET: THENCE S.O7 21'001/i. DEPARTTNG SAID NORTHERLY LINE OF LOT 1, A DISTANCE OF JO.oo FEET To A POINT OF NON-TANCENT CURVATURE TO THE RICHT; THENCE ALONG SAIO CURVE IO IHE R|GHT HAVING A RADTUS OF 2,2f,O.oo FEO (CHORD BEARTNC N.8J'45'.471V.) (CHORD 35.OO FEEr) (DELTA 0O'5J'57',) FOR A DTST NCE OF J5,OO FEET IO AN INTERSECIION WIIH THE EASTERLY LINE OF A 25 FOOT WIDE ORANAGE EASEMENT. AS SHOWN ON THE AFORTMENTION€D PLAI OF LELY GOLF ESIAIES ST. ANDREWS EAST| THENCE N.O/21 oO"E ALONG SAl0 EASTERLY LINE. A DISTANCE OF f,o.Oo FEET IO IHE POINT OF BEGINNING CONTAINING 1,050 SOUARE FEET, MORE OR LESS NOTES: ], IHIS IS NOT A BOUNDARY SURVET. NOR IS IT INTENDED TO 8E USEO AS ONE,2. COORDINATES ANO HORIZONTAL DAIA SHOWN HEREON ARE IN FEET ANO ARE PROJECTIO ONTO THE FLORIDA STATE PL.ANE COORDINATE SYSTEM, EAST ZONE. NORTH AMERICAN DATUM OF 196J (MDE]), 2O1] ADJUSTVENT-f,. BEARINGS SHOWN HEREON ARE EASED ON THE WESTERLY LINE OF LOI 1, BLOCK 22, LELY GOLF ESIA]ES ST. ANDREWS EAST, IYHEREIN SAID VIESTERLY LINE BEARS N,O721,OO.E, NOT A SURVEY I I]ERE8Y CERTIFY, TO THE BEST OF MY KNOWLEOCE ANO 8EUEF, THAT IHE LEGAL DESCRIPTION ANO SKETCH IIERE PREPARED IN ACCORDANCE WIIH IHE APPLICI.ELE PROVISIONS OF CHAPTER 5J.]7,05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472. FLORIDA STATUTES. 4, PARCEL CONTA]NS ],O50 SQUARE FEFT. MORE OR LESS 5. P.O.C. = Po1NT OF COMMENCEMENT6. P.O.B. = POINT OF EEGINNING 7. oRB = oFFlclAL RECoRDS BooK 8. PA = PLAI BOOK9. PG=PGE 10. DE = oRAINAGE EASEMENT 11. UE = UTILITY EASEMENT 12. -R/w- = RIGHT-OF-WAY 13. SQ. FL = SQUARE EErr 14 R = RADIUS MARK A, TEXTER (FOR IHE FIRM 1.8. PROFESSIONAL SURVE/OR AND VAPPER FI ORIIJA CFRTIFICAIf NO. 6J92 642) DATI 5 GNE] 15. A = DELTA 16. CB = CHORD 8[-ARINC 17. C = CHORD 18. 1 = AaC LENGTH ]9. Q = CENIERLINE NOT VAIID WITI]OUT THE SIGNAIURE AND ORIGINAL RAISED SE}L OF A FLORIDA LICENSED SURVEYOR AND MAPPER, SKETCH AND DESCRIPTION A PARCEL OF LAND SECTION 20 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA I Orlr "=50'20-50 26201,19700-20J JOHNS ENGINEERING JOHNSON ENGINEERING. LNC, 2122 JOHNSON SIR€ET P.O. BOX 1550 EOR-I MYEFS, FLORIOA JJ9O2-1550 PHONE: (219) 3J4-0046 FAr (2J9) JJ4-J661 E.B. 1642 t LB 1642 I I I LOT l I I t5- loo-oo-,n 16.C.10.a Packet Pg. 1456 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) Existlnt pump station W I- ffi*4q Proposcd i!ncr!tor slta Easements are a ri ght given to another person or entity to trespass upon or use land owned by somebody else. An easement gives the right to cross or otherwise use someone else's land for a specified purpose. This aopraisal reoort is not a market value aooraisal reoort. The a ppraisal report is, considered to be "value" in use. Value in use is based upon the productivity of an item that is so specialized that it has no demonstrable market and the use will likely to continue. Conditions of the a ooraisal - A le gal description for the easement 30' x 35' is attached The proposed easement site is encumbered by an existing 10' utility easement. The proposed easement will be valued in fee. The matrix is used as a general guide in looking at the effect an easement may have on property owners bundle of rights. a ? 7 / ,t I I l--L rt 3----'l n i1 "- ro tl F ro I The purpose of this appraisal report is to value a proposed utilitv easement for a qenerator to service PS 300.06. 16.C.10.a Packet Pg. 1457 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) Easement Valuation: To educate property owners and right of way professionals, an easement valuation matrix can be used as a general guide to assess the effect an easement may have on the total bundle of rights. ln establishing this matrix, a percentage of fee value is indicated by the impact of the easement will have on the use and utility of the subject property A few features / conditions noted but not qrven consideration such as view. inqress / eqress, and other external factors EX: SMALL SUBSURFACE EASEMENT NominJ eiT€<t o.t use ad dlity Ex: AIR RIGHTS. WAIIR OR SEWER UNE Sub-surfece or air ri;htr ttEt h.rt miim.l eftd on u:c & utility EX: CABLE LlNE5, WATER OR SEWER LINEs Lfiation along a property line lo(ztidt aqosr nm usrbl€ t{d a.ee EX; TELECOMMUNTCATIONS, WATER, CABIE UNES Bahn@d use by bodr drn€r & €E€nrrnt hold€r Ex: PIPELINES, SCENIC EASEMENTS SoltE imprt on qrfa(. uie; ConnTencc d irqr*r/cgrer rightr EX: PIPELINES, DRAINAGE EASEMENTS. FLOTYAGE ENEMENTS Majo. impact oll rurfa<e ure arld convqrancE of frrhrrp useS EX: OVERHEAD ELECTRIC, RAlISOADS, IRHGATIOiI CAT{ALs & FTOWAGE Sev€r€ impf,tat qrfa uie rd(orllyfie d lirt!.ne us€t Property Owner: Bradstorm Village, A Condominium Location: TBD in Phase 3 Easement Area: 1 ,050sf +/- Type of easement: Utility Easement (UE) 1 g\olo ' 150h g90 fo 16.C.10.a Packet Pg. 1458 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) Market Conditions: Collier County Colller Lee Charlotte Florlda U.5. Manatee Sarasota Households making S5O,@ or more Households making $75,m or more Households making $1m,0m or more 60.8%53.4%43.57.06 56.3%51.9. 41.4%32.716 26.m 32.5%38.6%33.@6 *.2% 28.616 20.6%74.ffi 20.86 26.2%22.5%24.7% Source: US Censur 2016 ACs C.lll.. MrAlf.ri{y Unl$ hro.d P.r Mdth Colller County bsued p€rDIt! for l,{3t muld-famly unlts OutldlnF $,tth 3 or oore ut t!) ov.r th. pa.t 12 moDdl!, endlng oo luDe 30,2018. ThL q,as alr 31.{% lncr.aJe from tbe pr.ylour l2,Eontb perlod. 9,17 of the 1,{31 muld-faDly unlt! w€r€ for rent.l apenlrents or arstst€d llvlng uD[!. E aaludlnt r€ntal ald a$lrted lMnt unlt3, the aoutrty saw a 1.0% decr.are In for-rala mdd-famIy permlt b$a0ce over the palt 12 montk. t75 360 !t5 g) 2f5 xt 6 xn t75 r!0 t25 ro ,5 50 2t 088tB55Ettttt999=::SSS999 J::p99r99!:!3=l!8lr8f !8i!8iE8i!8!idiiltisi!8i!8ii8lr rl- -Solutions,. I t t I I ! t t t I I I u il I I I I y1 rllru t flL t I I llr!]ti]lnt] !liil !lt,ll flM I ! T lt ] ill IT llllI IInlt Itl lill ]il I I rIIiillllI] ITI-I t! lt lt Ir I I u I Iffltifi illlllltil[lrLtfltilt ltlt IItlt ll!t!t] !, ] ] ] llllrllrltllllr ldrr. colL crrrv cdEtry 0-, The table below lndlcates tbe percentage ofhouseholds ln each countymaHng,50,000,975,000, and t100,000 or more. These segrents ar€ parttcularly lDrponaDt to new houslng demand because they are the segments that can typlcally afford new homes. MARKET TRENDS 02 20I8Liurcl il +b.l,rd Unll! 16.C.10.a Packet Pg. 1459 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) 4 0o o 0 a 0 ,5 a E EE 5 & B a eo ;,ffi* !@oG8 ulE,gE!rlrl.'r,.rD&E@ oc zqing RIF-12 a O 6G fo o, {D 1. KHD Dev Gen PTNR 2. Marquesa lsles 3. Hidden Lakes 4. Radio Lane @! @ri @mfltsrltB *&rr'ffi*u s *"sP"* s ,ffi- @ #. "eP *&t ,ffit &Grlmo@6IhE8 _o €'o :D@ aa@ *ffi, ,oA'E cffis '.4. &@mirllrj?0 Zoning RMF 12 The market data research for pud and mixed use pud is as follows: 04/ t6/2018 02/09/2Or8 12/2L/2OL7 ro/L?l2oL7 09.95ac sold@ S150,000ac 28.88ac sold@ S181,787ac 27.40ac sold@ S156,934ac 21.50ac sold@ S 180,233ac The average per acre for the existing data is S167,238 say S167,500ac. The S157,50Oac data is adjusted upward 15% for market conditions, resulting in S192,625ac / 54.42sf. Considering the estimated value is for the fee base value regarding the easement, we wall round up to $5.00sf. The $5.00sf will be used as the base for the property rights under consideration. Market data 16.C.10.a Packet Pg. 1460 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) The proposed easement valuation: Generator area (30'x35') 1,050sf +/- Two valuations proposed due to no survey is available. Encumbered easement area 10' x 35' = 350' (25Yo ot tee matrix) 350' x $5.00sf x 25% is $437.50 say $438.00 dollars. Total easement valuation: $3,553.00 dollars Appraiser Name: Roosevelt Leonard Company: Collier County Real Property Phonet 239-252-26211 E-Mail: rooseveltleonard@colliergov.net Date Repon Signed: 0417212079 License or Certification #: R03287 State: FL Designation: R/W-AC Expiration Date of License 7f/30/2020 lnspection of Subject: None 1 2. Unencumbered easement area 20' x 35' = 700' (89% of fee matrix) 700' x $5.00sf x 89% is $3,115.00 dollars. 16.C.10.a Packet Pg. 1461 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) Cnnrrrrc.ltrox We certify that, to the best of our knowledge and belief: 1. The statements offact contained in this report are true and correct 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions and conclusions. 3. We have no present or contemplated future interest in the prope(y that is the subject ofthis report and have no personal interest or bias with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting ofa predetermined value or direction in value that favors the cause olthe client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence ofa subsequent event directly related to the intended use of this appraisal. 7. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code ofProfessional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice 9. The use of this report is subject to the requirements ofthe Appraisal Institute relating to review by its duly authorized representalives. 16.C.10.a Packet Pg. 1462 Attachment: Appraisal NEW (10574 : Pump Station 300.06 Generator Easement) PROJECT: Pump Station 300.06 cenerator PARCEL: BradstromVillageCondominium EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement,,) is made and entered into on this /'l day of .-Tu1 v, , 2019, by and between by BRADSTROM VILLAGE CONDOMINIUM ASSOCtATtON, tNC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 326-338 Bradstrom Clrcle, Naples, FL 341'13, and the BOARD OF COUNTY COMMTSSTONERS OF COLLTER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX.OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATERSEWER DISTRICT, itS successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility, access and maintenance purposes over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement to purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Easement; Owner for conveyance of the Prior to closing, owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement 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. This Agreement shall be null and void, and of no further force or effect, unless closing shall occur within sixty (60) days from the date purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to er:tend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, 2 ? @ 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 Easement to Purchaser for the sum of rhree Thousand Five Hundred and Fifty Three Dollars ($3,553.00), payable by County Warrant (said transaction hereinafter referred to as the "closing"). said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, rmprovements, and fixtures located thereon, and for any damages resulting to owner's remaining lands, and for all other damages in connectron with conveyance of said Easement to Purchaser. 16.C.10.b Packet Pg. 1463 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement) Easement Agreement Page 2 4 5 release or subordinate any and all such iens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to purchaser in a form acceptable to Purchaser. 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. Owner represents that the property underlying the Easement, and all uses of the said 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 underlyjng the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sotd to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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 (includlng 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 tifle. 7 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(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a ti e commitment shall be paid by Purchaser. Purchaser shall install landscaping to buffer the Easement and improvements installed thereon. Once installed, Owner shall maintain all landscape buffering. Should Owner fajl to maintain such buffering, Purchaser may, at its sole discretion, trim and maintain the landscape buffer and bill the Owner for all actual costs incurred in maintaining the landscape buffer. @ 6. 8. 16.C.10.b Packet Pg. 1464 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement) Easement Agreement 10. ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court Page 3 I This Agreement and lhe terms and proviEions horeof shali be effective as of the date thi8 Agreement is.executed by both parties and shall inure to the benofit of and be binding upon the parties heroto and thsir respective heirs, executors, peBonal representativesl successors, succassor trusteas, and/or assignees, vvhenever the context so requires or admits. '11. 12. This Agreement is governed and construed in accordance with the laws of the stalo of Florida. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises olher than those so stated above; and the wrilten Agreement, including all exhibits attached hereto, shall constitute th€ entire Agreement and undeEtanding of the parties, and lhere are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranlies, or covenants not contained herein. lf the Owner holds the property underlying the Easemenl in the form of a partnerchip, limited partnorship, corporation, trust or any form oI representative capacity whatsoevir for others, Owner shall make a written public disclosure, according to dhapter 2gO, Florida statutes, under oath, of the name and address of every person having a beneflcial interest in the property underlying the Easement before lhe Eaeament hald in such capacity is conveyed to Purchaser, its succogsors and as8igns. (lf the corporation is registered with the Federel securities Exchange commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general puOlic, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) lN WITNESS WHEREOF, th€ pail6s hereto have executed this Agreement on this_ day of _, 2019. Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT BY: WILLIAM L. MCDANIEL, JR., Chairman @ (SIGNATURES CONTINUE ON FOLLOWING PAGE) 16.C.10.b Packet Pg. 1465 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement) Easement Agreement AS TO OWNER: DATED: 7 -Z -// Witness Name. (Print or Type) V.l ignature) Name: (Print or Type) Approved as to form and legality: Jennifer pedio, Assistant County Page 4 BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, lNC., a Florida not for profit corporation By: Print: Its:P €srD6J-f 6 @ 16.C.10.b Packet Pg. 1466 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement) CUR\E TABLE CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH C1 2200.oo o'29'41"s82'53'51"E 19.00'19.00' C2 2200.oo'o'54'42"s83'45'25"E 35.O0'3s.00' 2230.OO'0'53'57"N83'45'47"W 35.00' I Js.oo' l i#'^[,TIf -BouLEvAEDP.O.C. NW CORNER OF- LOf t, BLOCK 22, LELY COLF ESTATES ST. ANDREWS EAST (PB 10, Pc e8) PUEUC RECORDS OF FLORIDA S? Noz s 1 I I s !u P.O.B. N@IHERLY UNE OF LOT I c2 oo.( s* $$'* I ,O,UE (Pur) o(/c3tu'zo S=9Of,.-(Y=."s IzQ-<:J OEo'3foOoL<&r9f, .o DESCRIBED PARCEL OF UND (1,050 SO. Fr. t)LOT 1 BtocK 22 LELY GOLF ESTATES ST. ANDREWS EAST (PB 10, PG 98) N 2!'or(atr1 1 I PHASE J BRADSTROM VILLAGE, A CONDOMINIUM (oR8 141s, PG 1107) DESCRTPTION A PARCEL OF LAND LYNG IN LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANOREIVS EAST SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA o 12.5 25 50: (INTENOED DISPLAY SCALE: 1,=50,) PHASE 1 ERADSTROM VILLAGE, A CONDOMINIUM (oRB 1415, PG 1107) { Edoa I oN oi 3 = =E G I o !co t I @qoo 6I,/ o c af noN IooN oN o N .E] E o@ f, A PARCEL OF LAND LYING IN A PORTION OF LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANDREWS EAST, AS RECORDED IN PLAT BOOK 10,PAGE 9E, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO LYING IN A PORTION OF PHASE 3, BRADSTROM VILI-AGE, ACONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1415, PAGE.I 107, OF SAID PUBLIC RECORDS. SECTION 20, TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT BEING THE BEGINNING OF A CURVE TO IHE LEFT,THENCE ALONG THE NoRTHERLY LINE OF SAID LOT 1 AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FEfr (CHORD BEARTNGs.E2'53'51"E.) (cHoRD 19.00 FEEr) (DELTA oo'29'41') FoR A DIsTANCE oF 19.00 FEEr ro rHE potNT oF BEGtNNtNc. FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FE5.r (CHORD BEARTNG!.,9!'€2!lE) (cHoRq 3s:90 lEE_r) -(DE_LTA oo's4'42") FoR A DtsrANcE oF Js.oo FEEr; THENCE s.o7'21'oo1,v. DEpARING iaro ruonrnrRlyLINE oF Lor 1, A DISTANCE oF 30.00 FErr ro A PotNT oF NoN-TANGENT cuRVATURE'To rHE niCir; rgEtce AL6NG sAtD cuRVE To rHERIGHT HAVING A RADlus oF .22-ao.oo FErr (cHoRD BEARING N.83'4s'47"w.) (cHoRD Js.oo FEEr) (DELTA oo's3's7") FoR A D;5TANCE oF35.00 FEEI'; THENOE N.0721'00'E., A D|STANCE oF 3o.oo FEE|-To rHE potNT oF BEG|NN|NG. CONTAINING 1,05O SQUARE FEET, MORE OR LESS. NOTES: NOT A SURYEY 1, THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE.2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FE T ANDARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERTCAN DATUM OF 1983 (NAD83), 2O11 ADJUSTMENT.3. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 1,BLOCK 22. LELY GOLF ESTATES ST. ANDREWS EAST, WHEREIN SAID WESTERLY LINE BEARS N.O7'21'OO"E.4. PARCEL CONTAINS 1,050 SQUARE FETT, MORE OR LESS.5. P.O.C. = POINT OF COMMENCEMENT6. P.O.B. : POINT OF BEGINNING7. ORB = OFFICIAL RECORDS BOOK8. PB : PLAT BOOK9. PG : PAGE 10. DE = DRAINAGE EASEMENT 1 1. UE = UTILITY EASEMENT I HEREBY CERIry, TO THE BEST OF MY KNOWLEDGE 12. -R/W- = RTGHT-OF-WAY 13. SQ. FT. = SQUARE FEEI 14. R : RADIUS 15. A = DELTA 16. CB : CHORD BEARING 17. C : CHORD lE.L=ARCLENGTH 19. Q = 6ENTERLINE DATE SIdNET], J OF SKETCH AND DESCRIPTION A PARCEL OF LAND SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY , FLORIDA JOHNSON ENGINEERING, INC. 2122 JOHNSON STREET P.O. BOX 1550 FORT MYERS, FLORIDA 33902-1550 PHoNE: (2J9) JJ4-o046 FAx: (239) 334-3661 t.B. #642 & L.B. #642ENGINEERING Jo HN DAlE 08-1 9- 1 9 lPRo.EcT No. I zo',osroo-zo: NLE NO. 20-50-26 1 "= 50' ISHEET | ,o', SCALE TE NO. ORIGINAL RAISED AND THE LEGAL AND WITH THE 5J- 17.O5, CHAPTER 16.C.10.b Packet Pg. 1467 Attachment: Easement Agreement w-Exh A (10574 : Pump Station 300.06 Generator Easement) PROJECT: Pump Slotion 300.06 Generolor PARCEL: Brodstrom Villoge Condominium UTILITY EASEMENT THIS UTILITY EASEMENT, mode ond entered inlo this/bhdoy ot 2019, by BRADSTROM VlLtAGE CONDOMINIUM ASSOCIATION, lNC., o Florldo nol-for- profil corporotion, (hereinofter referred to os "Grontor"), whose principol oddress is 326- 338 Brodslrom Circle, Noples, FL 341 13, to the BOARD OF COUNTY COMMISSIONERS OF COTTIER COUNTY, FTORIDA, AS THE GOVERNING BODY OT COTTIER COUNIY AND AS THE EX-OTFICIO GOVERNING BOARD OF THE COTTIER COUNTY WATER.SEWER DISTRICT (hereinofter referred to os the "Grontee"),3335 Eost Tomiomi Troil, Suite 101, Noples, Florido 341 12, its successors ond ossigns. (Wherever used herein the terms "Grontors" ond "Grontee" include oll the porties to this instrument ond their respective heirs, Iegol represenlotives, successors or ossigns.) WITNESSETH: Grontor, for ond in considerotion of TEN DOLLARS (9,l0.00) ond other voluoble considerotion poid by the Grontee, the receipt ond sufficiency of which is hereby ocknowledged, hereby conveys, gronts, borgoins ond sells unto the Gronlee. its successors ond ossigns, o perpetuol, non-exclusive eosement, license. ond privilege for utility, occess ond mointenonce purposes, on the following described londs locoted in Collier County, Florido, io wit: See ottoched Exhibit "A" which is incorporoted herein by reference. Sub.iect to eosements, restrictions, ond reservotions of record. THIS IS NOT HOMESTEAD PROPERTY. {Signoture Poge Follows) TO HAVE AND TO HOLD the some unlo the Grontee logether with the right to enter upon soid lond, excovole, ond ploce or remove moteriols including, but not limited to, utility lines ond pipes, generotors ond other equipment or improvements oppurtenont thereto or ihereunder for the purpose of constructing, operoting, ond mointoining utility fociliiies thereon. Grontor ond Grontee ore used for singulor or plurol, os the context requires. The eosement gronted herein sholl consiitute on eosement running with the lond ond sholl burden the londs described obove. lN WITNESS wHEREoF, the Grontor hos coused these presents to be executed the dote ond yeor first obove written. 16.C.10.c Packet Pg. 1468 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement) WITNESSES: Witness (Sig not Nome:l/l el is*V (Print or Type) BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC., o Florido not{or-Profit corporotion Wiine Signoture) Nom (Print or Type)Print: Title: 6 {./ The foregoing ins wos ocknowledged before me this /blh ooy ot5.r\2019 by A Ca, rh t-rz qg ?r"s.Aent on be o|f of BRADSTROM VILLAGE CO By:1,.2-a personolly known to me or [X ] hos p NDOMINIUM ASSOCIATION. lNC., who I roduced M/ hl"er.s L;ut\rc- identificotion WITNESS my hond ond officiol seol this l&[i,t doy of d-,r[v ,2019 (offix notoriol seol) ignoture of otory Public) r\'Jat4j (er {-c4. dc- (title), lis o5 (Print Nome of Notory Public) NOTARY PUBLIC Seriol/Commission: uar* y P-[l,r My Commission Expires: ,tpr.t tol\, yJt. ,Alfft Potiltr Jr. l{oory PuUic Ccrnnrcnwhh d fhlrodlorttrlly Conmisbr Sxplro Apr lO,20,16Approved os to form ond legolity: Jenni . Belpedio, Assistonl County Attorney @ STATE OF MA€,44e1t1€d{6 COUNTY OF MilA\er4( 5 16.C.10.c Packet Pg. 1469 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement) A PARCEL OF LANO SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY. FLORIDA SKETCH AND DESCRIPT N lzo,.rr*-ro. DATE 0E-19-19 P.O.C. NYI CORNER OF t' 1.T'"**If-wTygHlBvAnD s CURVE TAELE CUR\T RAOIUS DELTA CHORD EEARING CHORD LENGTH C1 2200.o0'o'29'41"s82'53'51"E 19.00'19.00' c2 zzoo.oo' I o'st'+z's83'45'25"E 55.00'35.00' 22Jo.oo'lo'5J'57-N83'45 47'W J5.00 35.00LOT 1, ALOCK 22, LELY GOLF ESTAITS ST. ANDREWS EAST (P8 10, PG 98) PUAUC RTCORDS OF P.O.B. coutER NORIIERLY LNE Of LOf I c2 z IJ T--I to' uE (PUt) ra d=.s8 aQo50'A g9 ica q I DESCRIBED PARCEL OF UND (/,050 sa. FT. t)N I LOT 1 BLOCK 22 LELY COLF ESTATES ST. ANOREWS E''sT 25', E a,4t) (PB 1O, PG 98)PHISE 1 BRADSTROM VILITCE. A CONDOMINIUM (oR8 141s. PG r 107) I PHASE 3 SRADSTROM VIILACE. A CONDOMINIUM (oR8 141s, PG 1107) I { E I 3 E KI I 8 ,E hu I DESCRIPTION A PARCEL OF LAND LYING IN LOT 1, BLOCK 22. LELY GOLF ESTATES ST. ANDREII/S EAST SECTION 20. TOIVNSHIP 50 SOLTTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA l (NIENoED oISPLAY SCALE: 1'-50') A PARCEL OF LAND LYING IN A PORTION OF LOT 1. BLOCK 22. LELY GOLF ESTATES S]. ANOREWS EAS], AS RECORDEO IN PLAT BOOK 10, PACE 98. OF THE PUBLIC RECORDS OF COLUER COUNIY, FLORIDA. ALSO LYING IN A PORTION OF PHASE J, BRADSTROM VILTAGE, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOX 1415, PAGE 1107. OF SA]D PUBLIC RECOROS, SECTION 20, TOWNSHIP 50 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT EEING THE BEGINNING OF A CURVE TO THE LEFI. THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 AND SAID CURVE TO THE LEFT HAVING A RAOIUS OF 2,2OO.OO FEET (CHORD EEARING s.Ez53'51"E.) (cHoRo 19.00 FEEr) (oELTA 00.29'41') FoR A DTSTANCE oF 19.00 FEEr To THE porNT oF BEGTNNTNG. FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONG SA]D CURVE TO THE LEFT HAVING A RADIUS OF 2,2OO.OO FEEI (CHORO EEARING S.8J45'25'E.) (CHORo 35.00 FEE[) (oELTA 00 54'42-) FOR A DISTANCE OF 35.00 FEEr; THENCE S.07'21'001'v.oEPARTING SAl0 NORTHERLY LINE OF LOT 1, A DISTANCE 0F 30.00 FEEr TO A POINT OF NON-TANCENT CURVAIURE TO THE RICHT; THENCE ALONG SAl0 CURVE T0 THE R|GHT HAVTNG A RADTUS OF 2,230.00 FEEr (CHORo BEARTNG N.6J45'47'W.) (CHORo 35.00 FEEr) (DELTA 0053',57') FOR A o|STANCE 0F 35.00 FEET; THENCE N.0721,00"E., A OISTANCE OF 3O.OO FEET TO THE POINT OF BEGINNING. CONTAININC 1,050 SOUARE FEET, MORE OR LESS. NOT A SURYEY NOTES:1. THIS IS NOT A BOUNOARY SURVE/. NOR IS IT INIENDED TO BE USED AS ONE.2. COORDINATES ANO HORIzONTAL OATA SHOWN HEREON ARE IN FErI ANO ARE PROJECTED ONTO THE FLORIOA STATE PTANE COOROINATE SYSTEM, EAST ZONE, NORTH AMERTCAN oATUM 0F 1983 (M083), 201I AOJUSTMENT.3. BEARINGS SHOIVN HEREON ARE BASED ON THE IVESTERLY LINE OF LOT I, BLOCK 22, LELY GOLF ESTATES ST. ANOREWS EIST, WHEREIN SAID IVESTERLY LINE BE}RS N,0721'OO"E.4. PARCEL CONTAINS 1,050 SQUARE FEET, MORE OR LESS.5. P.O.C. = PoINT OF COMMENCEMEUT6. P.O.B. = POINT OF BEGINNING7. ORB = OFFlCl l- RECORDS BOOK8. PB = PLAT BOOK9. PG = PAGE I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION ANO SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVIS'O1IS OF C;IAPTER 5J_]7.05, FLORIDA TO CHAPTER MARK A TE;T{R o,1 1.8. A 10. DE = DRAIIiAGE EASEMENT 11. UE = UTILITY EASEMENT 12. -R/W- = RTGHT-OF-|VAY 13. SO. FT. = SOUARE FEET 14. R = RADIUS 15. A = DELTA 16. CB = CHORo BEARING 17. C = CHORo 18. 1 = ARC LENGTH 19. Q = CENTERLINE PROFESSIOIAL S FLORIDF CEITI'ICA rE NO. 6392 oATE sl6rEor-. : ror vnro -wr-noLr: ri* l-.iic:[rilune' ato oarcrur RAISED SEAL-, OF A FLOPIDA t I'S$S€o SLTRVftOR AND MAPPER, OF JOHNS'QN ENGINEERING Fl(E IO. 20-50-26 sc^l.E stlEEt 10F1 c3 E I I JOHNSON ENGINEERINC. INC. 2122 JOHNSON STREET P.O. 80X 1550 FORT UYERS, FLORIOA 33302_1550 PHONE: (239) 334-00a0 Fru: (259) J34-J661 E.A. 11612 & L.B. 1642 16.C.10.c Packet Pg. 1470 Attachment: Utility Easement w-Exhibit A (10574 : Pump Station 300.06 Generator Easement)