Agenda 04/28/2020 Item #16A34 (Utility Easement Termination - Circle K Store)04/28/2020
EXECUTIVE SUMMARY
Recommendation to approve the termination of a utility easement, acquired for the sanitary sewer
utility facilities associated with Circle K Store No. 3860, PL20190000401.
OBJECTIVE: To terminate a utility easement for sanitary sewer utility facilities that was conveyed in
error and is not needed for the Circle K Store No. 3860 project.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida, as the
Governing Board of the Collier County Water-Sewer District (County) acquired a Utility Easement via
Deed of Utility Easement from National Retail Properties, LP, which was recorded on March 27, 2019, at
(OR) Book 5611, (PG) Page 1668, as part of the Circle K Store No. 3860 utility conveyance of sanitary
sewer utility facilities.
The Deed of Utility Easement was recorded after preliminary acceptance of the utility facilities for the
project, in accordance with the Utility Facility Standards and Procedures Ordinance No. 2004-31. County
staff has determined that the utility easement in not required and the facilities in the utility easement area
should remain under private ownership.
In order to formally terminate the Utility Easement, the County needs to record a Termination of the
Utility Easement in the official records of Collier County. A copy of the Termination of Easement is
attached. This does not require a formal vacation process since the County never formally accepted the
easement. The benefit of the termination is the elimination of a title encumbrance, which would
constitute an unnecessary cloud on the title.
FISCAL IMPACT: The cost of recording the Termination of Easement will be $27.70. The source of
funding is the Growth Management Department. Funding is available in, and is consistent with, the
FY2019 Capital Budget approved by the Board of County Commissioners on September 20, 2018.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval - SAA
RECOMMENDATION: To approve the attached Termination of Easement, authorize the Chair to
execute the Termination of Easement; and direct the County Manager, or his designee, to record the
Termination of Easement in the official records of Collier County, Florida.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Termination of Easement (PDF)
16.A.34
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04/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.34
Doc ID: 12107
Item Summary: Recommendation to approve the termination of a utility easement, acquired for
the sanitary sewer utility facilities associated with Circle K Store No. 3860, PL20190000401.
Meeting Date: 04/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/24/2020 10:53 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/24/2020 10:53 AM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/24/2020 11:18 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/24/2020 1:03 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/24/2020 2:13 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 03/25/2020 7:40 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/26/2020 1:01 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 03/30/2020 5:02 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/31/2020 7:33 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/31/2020 10:31 AM
Growth Management Department James C French Deputy Department Head Review Completed 03/31/2020 11:30 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/06/2020 12:20 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/06/2020 12:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/06/2020 1:42 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/09/2020 8:56 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/20/2020 11:08 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
16.A.34
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CIRCLE K STORE No. 3860
LOCATION MAP
16.A.34.a
Packet Pg. 1277 Attachment: Location Map (12107 : Termination of Easement - Circle K Store No. 3860)
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Packet Pg. 1278 Attachment: Termination of Easement (12107 : Termination of Easement - Circle K Store No. 3860)
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Packet Pg. 1279 Attachment: Termination of Easement (12107 : Termination of Easement - Circle K Store No. 3860)
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Packet Pg. 1280 Attachment: Termination of Easement (12107 : Termination of Easement - Circle K Store No. 3860)
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Packet Pg. 1281 Attachment: Termination of Easement (12107 : Termination of Easement - Circle K Store No. 3860)
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Packet Pg. 1282 Attachment: Termination of Easement (12107 : Termination of Easement - Circle K Store No. 3860)