Loading...
Resolution 2010-039 RESOLUTION NO. 2010-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR IN FULFILLMENT OF OBLIGA nONS PURSUANT TO AGREEMENTS, DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS OR STIPULA nONS, OR AS MA Y BE REQUIRED FOR THE CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and WHEREAS, the Board of County Commissioners is also ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "District"); and WHEREAS, various interests in real property must often be conveyed to the County and to the District for public use in order to: (1) fulfill certain development commitments stipulated by Collier County ordinances, development orders, conditional use approvals, or site development plan approvals; or (2) fulfill obligations which may now or in the future be contained in agreements between either the County or the District and any property owner; or (3) which are conveyed to the County or to the District, at the request of the County Manager or his designee, for the construction of capital improvement projects; and WHEREAS, the express and formal acceptance by the County and/or the District of such real property conveyances is important so that infrastructure maintenance responsibilities are established, and the public's right to utilize certain real property becomes documented through such acceptance; and WHEREAS, the growth of Collier County necessitates an increasing number of such conveyances year after year, which would otherwise require the preparation of an increasing number of executive summaries for the purpose of placing each separate conveyance before the Board of County Commissioners for its express and formal acceptance. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed to the County or to the District, and which are conveyed: (1) as a development commitment requirement pursuant to any County ordinance or development order or, as a stipulation or condition of Conditional Use approval or Site Development Plan approval, or (2) in fulfillment of any obligation which may now or in the future be contained in any agreement between the County or the District and any property owner; or (3) which real property conveyances to the County or to the District which have been requested by the County Manager or his designee, and are required for the construction of any Board-approved capital improvement project, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, a stamp or seal attesting to acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to such conveyance instrument prior to its recording in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between real property Grantors and the County or the District for which no compensation is being paid, and in substantially the same form as that Sample Real Property Conveyance Agreement attached hereto and made a part hereof as Exhibit "A." Page 2 AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its Chairman to execute on behalf of the Board agreements between Utility Providers and the County or the District in substantially the same form as that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation attached hereto and made a part hereof as Exhibit "B." AND IT IS FURTHER RESOLVED that the County Manager or his designee is authorized to follow proper real estate closing procedures and record all such conveyance and/or curative instruments in the Public Records of Collier County, Florida. AND IT IS FURTHER RESOLVED that Resolution No. 2004-209 is hereby superseded and replaced in its entirety. THIS RESOLUTION ADOPTED on this Z 3 day of rCpp~l),\(<'(2010 after motion, second and majority vote. .'^~ A:TIp~T: ..:'2,.\..,'" OWIGtI:T- E. BROCK, CLERK ,.'"~".~ ~ ;: ,'";' :'~f '.",', :'......}... ~~6.. ~ ';, ~.,:<, -'. Deputy Clerk ~ , A..... :' ....' , .' ~~:~ ~ elM.".. . ; tctf!i)fJt~o ('Ill , I , .. ..- ,,-"',,\" . 'A'pprdv~d as to form and legal sufficiency: ~,r~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF C~~R COUNTY, FLORI A By: r~--L w ( FRED W. COYLE, Chairman Page 3 EXHIBIT -L ?age....L-of 3 SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of I 20_, by and between , whose mailing address is (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Grantor convey to the County an Easement 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; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement 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. Grantor shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3, Prior to Closing, Grantor 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 Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide County with a copy of any existing prior title insurance policies. Grantor 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 sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to EXHIBIT A Page 2. of .3 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 Easement. 5. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of 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 context so requires or admits. 7. Conveyance of the Easement by Grantor 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 prior 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 COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Last Revised: 11/30/09 AS TO GRANTOR: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised: 11/30/09 EXHIBIT A Page .3 of .3 EXHIBIT B Page , of.3 SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this _ day of ,2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDERl (hereinafter referred to as "Utility"). WITNES ETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE The County and the Utility further agree that: I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. EXHIBIT B Page z.. of 3 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk , CHAIRMAN Signed, sealed and delivered in the presence of: By: Print Name: By: Title: Print Name: By: Print Name: (Corporate Seal) 2 Utility Subordination Agreement EXHIBIT B Page :3 of _3 STATE OF COUNTY OF I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared , to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this _ day of ,2010. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: Assistant County Attorney 3 Utility Subordination Agreement