Parcel 280RDUE PROJECT: Golden Gate Boulevard 60040
PARCEL: 280RDUE
FOLIO: Portion of 39386800005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this2g44I ■ day of Ik\-Net-\\ , 2015, by and between
THE ESTATE OF GRAYCE F. MARESCA, deceased, whose mailing address is do
Patricia M. Ahern, 550 S. Brentwood Drive, Mt. Laurel, NJ 08054, (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way,
Drainage and Utility Easement over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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. Owner shall convey the Easement to County for the sum of:
$1,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including (if applicable) all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and
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Page 2
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related electrical
wiring (if any), and all other damages in connection with conveyance of said
Easement to County, including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
3. 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. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
Page 3
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
Page 4
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) 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 underlying the Easement
except as specifically disclosed to the County; 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 sold to the County, 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.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County 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 County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. 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 lien-holders and/or easement-holders 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; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
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Page 5
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
11. 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.
12. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (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.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
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Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: ditt d
ATTEST:`, ' BOARD OF COUNTY COMMISSIONERS
DI Ail HT ("BR CK, Clerk c< COLLIER COUNTY, FLORIDA
BY
ltest toCfrairp suty Clerk TIM NANCE, Chairman
Ignafure only,:
App. e>± „in and legality
,,° t Coup ttotne
Y O�
Page 7
AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA
DATED: itti d
Viet
Page 7
AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA
DATED: 51)-1/5
By:
Witness (Signature) PATRICIA M. AHERN
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
W (Si By:
Witne (Signature) PE R J. MARESCA
Liv\1,14A tic �s
Name (Print or Type)pet•
Witness (Signature)
Name (Print or Type)
By:
Witness (Signature) PHILIP J. MARESCA
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Page 7
AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA
DATED: 31413'
By:
Witness (Signature) PATRICIA M. AHERN
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
By:
Witness (Signature) PETER J. MARESCA
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Wit '-ss (Signature) PHILIP J. MARESCA
z_ss ccz J1 c i, 41
Name (Print or Ty•e)
Witness ( ignature)
DA Vit< de(of CA7-
Name (Print or Type)
Page 8
11I 1. 140 By:
Wi ess (Signature) 'ER' J. MARESCA
Cc rjASX
Name (Print or Type)
Witness (Signature)
1 rrc,._ 'v\(1
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney c ,
DC
Last Revised:6/3/2013
_/
€� GOLDEN GATE BOULEVARD (CR 876)
151+03 152+00 153+00 I-- 1///54±00 155+00 156+00
I I I I LiI / / SOUTH LINE OF
iii POINT OF 1 NOTTRH LIN6E2 OFJ J 50 / NORRACT 62 F
c �COMMENCEMENTJ L3/ —
o I T 0 F
BEGINNING .1.∎.':,1
♦♦♦.♦.♦..
(P O I N N.... ♦.
0
e
PROPOSED ROADWAY EASEMENT C.YVQ' 'I
PARCEL 280 RDUE `./V LL��
4,176 50. FT. /
i, WEST LINE OF +
4
'- EAST 105' OF
O RACY 62
30'
TRACT 61
TRACT 62 / `6"
TRACT 99
GOLDEN GATE ESTATES
• R UNIT 51 n N
. a PLAT BOOK 5 PAGE 84 w
is
WEST LINE OF N
EAST 30' OF . �`
TRACT 62 W 1I� E
0
S
EAST 105' OF a
• a
TRACT 62
51- FLETES
MARESCA EST 5
OR 3911/1522 OR 984/1328
SACKOWITZ
I J1 OR 3798/1493
LINE TABLE
LINE BEARING LENGTH
TECM- ROW LI N89'31'01"E 225.03'
L2 S00'28'43"E 50.00'
SO. FT. SQUARE FEET MAR 0 5 2010 L3 N89'31'00"E 75.02'
OR OFFICIAL RECORDS (BOOK/PAGE) L4 SO0'28'41"E 73.00'
L5 N45'29'00"W 28.29'
7�.� � PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) I
��� L6 589'31'00"W 55.01'
/ EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L7 NO0'28'43'W 53.00'
// USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 84
LEGAL DESCRIPTION FOR PARCEL 280 RDUE
A PORTION OF TRACT 62, GOLDEN GATE ESTATES, UNIT 51 AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 62:
THENCE N.89'31'01°E., ALONG THE NORTH LINE OF SAID TRACT 62, FOR 225.03 FEET TO A POINT ON THE WEST LINE
OF THE EAST 105 FEET OF SAID TRACT 62;
THENCE S.00'28'43"E., ALONG SAID WEST LINE, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50
FEET OF SAID TRACT 62 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.89'31'00"E., ALONG SAID SOUTH LINE, FOR 75.02 FEET TO A POINT ON THE WEST LINE OF THE EAST 30
FEET OF SAID TRACT 62;
THENCE S.00'28'41"E., ALONG SAID WEST LINE, FOR 73.00 FEET; I
THENCE N.45'29'00"W., FOR 28.29 FEET,
THENCE S.89'31'00"W., FOR 55.01 FEET TO A POINT ON THE WEST LINE OF THE EAST 105 FEET OF SAID TRACT 62;
THENCE N.00'28'43"W., ALONG SAID WEST LINE, FOR 53.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 4,176 SOUARE FEET, MORE OR LESS.
0 40 80 100 iNOMINEES M A WARD.PROFESSIONAL SURVEYOR&MAPPER
SKETCH & DESCRIPTION ONLY Nom= ■ FLORIDA REGISTRATION DE�y TE i.5301
NOT A BOUNDARY SURVEY SCALE: 1"-8O' SIGNNG DATE: J 4f1p
NOT VALID WITHOUT THE ORIGINAL SIGNATUR A RIUSED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD DU,/\
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTIN3333 Cwil BeiNeedo8
j t t TA. 1 Seaveylos R Moping
PARCEL 280 RDUE 6610 Willow Park Drive,Suite 200
Naples,Florida 34109
COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER I REVISION I SECTION TOWNSHIP I RANGE 1 SCALE I MAR. DRAWN BY I FILE E I SHEET
050217.00010001 REV 0 4 1 80 2010 S.D.L. SK 280 1 OF 1
BelpedioJennifer
From: SweetMichelle
Sent: Wednesday, April 29, 2015 9:42 AM
To: BelpedioJennifer
Subject: RE: Easement Agreement-28ORDUE/Estate of Grayce F. Maresca/39386800005
Attachments: Aerial.pdf
Yes, it's at 20`x' Street as shown on Exhibit B. See attached aerial.
Nile& 4. Saver, tilZVP
Property Specialist
Transportation Engineering;ineering- ROW
Growth Management Department
Collier County Government.
2885 South Horseshoe Drive
Naples, FL 34104
239-252-6027
MichelleSweet a colliergov.net
Cvifer County
From: BelpedioJennifer
Sent: Wednesday, April 29, 2015 8:49 AM
To: SweetMichelle
Subject: Easement Agreement - 28ORDUE/Estate of Grayce F. Maresca/39386800005
Hi Michelle,
I looked up the parcel by folio in the Property Appraiser's database and there was not an address identified. Can you
please confirm that the parcel is identified on the attached resolution. I am presuming it is on Exhibit B because it is not
on Exhibit A? Let me know so I may continue the routing of the Easement Agreement for Chairman signature.
Thank you,
Jennifer
Under Honda Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
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t 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are
provided for the data herein,its use,or its interpretation.
http://www.collierappraiser.com/...75&Iayerlist=1111001 1111&aerials=Collier_2014&sales4)FF&selid=39386800005&pid=39386800005&subdivision=&trs=[6/5/2014 3:45:12 PM]
Agenda Item No. 10D
October 23, 2007
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of
right-of-way and related easements necessary for the construction of roadway, drainage and
utility improvements required for the expansion of Golden Gate Boulevard from west of
Wilson Boulevard to east of Everglades Boulevard (Phase One project limits), and
authorizing the acquisition of lands necessary for the construction of stormwater retention
and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to east of
Desoto Boulevard.) Project No. 60040. Estimated fiscal impact: $18,411,297.00.
OBJECTIVE: To repeal Resolution No. 2007-292, and to adopt a new resolution authorizing the
acquisition by gift or purchase of right-of-way and related easements necessary for the expansion of
Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase
One project limits), and authorizing the acquisition of lands necessary for the construction of
stormwater retention and treatment ponds for both Phases One and Two (from west of Wilson
Boulevard to east of Desoto Boulevard.)
CONSIDERATIONS: On October 9, 2007, the Board of County Commissioners adopted
Resolution No. 2007-292, delegating administrative settlement authority to the County Manager or
his designee to approve the purchase of real property up to $50,000 above its appraised value
without regard to the appraised value itself. It is being recommended that Resolution No. 2007-292
be repealed and replaced with the attached resolution in order to limit the delegation of that
settlement authority, without further Board approval, to twenty-five percent (25%) above the
County appraiser's estimate of compensation to the property owner up to a maximum of $50,000
above the County appraiser's estimate of compensation to the property owner. This authorization to
offer up to 125%but not to exceed $50,000 over the County's appraisal relates to the property being
acquired and not to the overhead expenses related to processing the transfer of ownership (i.e.,
attorney, appraiser, and other expert fees, title insurance, recording fees, etc.) The ability to
accommodate Administrative Settlements is sought to assist in the rate of negotiated settlements and
to reduce the costs associated with condemnation of needed parcels.
FISCAL IMPACT: It is estimated that the total cost of the right-of-way which must be purchased
will be $18,411,297.00. This amount includes the cost of the land required for construction, as well
as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property
owner attorney fees and expert witness fees, which the County is required to pay according to
Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported
Gas Tax fund and the Road Impact Fee fund. Source of funds are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program,
the expansion of Golden Gate Boulevard (Project No. 60040) is an integral part of Collier County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
Agenda Item No. 10D
October 23, 2007
Page 2 or 9
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Transportation Engineering and Construction Management Department
Attachment: Gift and Purchase Resolution w/Exhibits
Page 1 of 1
Agenda stern No.100
October 23,2007
Page 3of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10D
Item Summary: Recommendation to adopt a resolution authorizing are acquisition by gift or purchase of right-
of-way and related easements necessary for the construction of roadway,drainage and utility
improvements required for the expansion of Golden Gate Boulevard from west of Wilson
boulevard to east of Everglades Boulevard(Phase One project limits),and authorizing the
acquisition of lands necessary for the construction of stormwater retention and treatment
ponds for both Phases One and Two(from west of Wilson Boulevard to east of Desoto
Boulevard.)Project No.00040.Estimated fiscal impact:$18,411.297.00.(Norman Feder,
Transportation Services Administrator.)
Meeting Date: 10/23/2007 9:00.00 AM
Prepared By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 10110/2007 3:56:05 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 10/10/2007 4:09 PM
Approved By
Najeh Ahmed Director Date
Transportation Engineering&
Transportation Services 10/1112007 7:41 AM
Construction Management
Approved By
Norm E.Feder,AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admix, 10/1112007 8:44 AM
Approved By
Sharon Newman Accounting Supervisor Date
Transportation Services Transportation Services Admix 1011112007 11:07 AM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 10/11/2007 1:58 PM
Approved By
OMB Coordinator Applications Analyst Date
Administrative Services Information Technology 10/1112007 2:34 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management&Budget 10/12/2007 11:58 AM
Approved By
Michael Smykowski Management&Bridget Director Date
County Manager's Office Office of Management&Budget 1011212007 3:31 PM
Approved By
James V,Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10/15/2007 11:20 AM
file://C:\AgendaTest\Export\91-October%2023,%202007\10.%2000UNTY%20MANAG... 10/17/2007
Agenda Item No. 10D
October 23, 2007
Page 4 of 9
RESOLUTION NO. 2007-
A RESO UTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF RIG -OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE
CONSTR CTION OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS
REQU D FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM
WEST O WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD
(PHASE NE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF
LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENT ON AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO
(FROM ST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.)
(PROJE NO.60040.)
WHE EAS,the Board of County Commissioners(Board),on June 7,2005,adopted
rdinance No 2005-25 therein establishing the Capital Improvement Element of the Growth
Management lan in order to establish priorities for the design,acquisition and construction of
1
the various coital improvement projects;and
WHE AS,the Transportation Element of the County's Comprehensive Plan was
ILopted in Or inance No.2005-25;and
WHE AS,the expansion of Golden Gate Boulevard from west of Wilson Boulevard to
DeSoto Boulevard(Project No.60040)is one of the capital improvement projects required under
the Transport ion Element of the County's Comprehensive Plan;and
WHE AS, the expansion of Golden Gate Boulevard from two lanes to four lanes (and
timately six anes)from west of Wilson Boulevard to East of Everglades Boulevard,the"Phase
l e
ne" limits o the project corridor, as depicted in Exhibit "A" attached hereto and incorporated
herein, and th acquisition and construction of stormwater retention and treatment ponds along
I
Phases One and Two of the project corridor,in the locations collectively represented by the legal
i
escriptions d picted in Exhibit `B" attached hereto and incorporated herein, are necessary in
rder to prote t the health, safety and welfare of the citizens of Collier County, and will assist
oilier Count in meeting certain concurrency requirements of the Growth Management Plan for
Collier Count
W AS, 9, 0 ry lution o mNo. authorizinary g
t e acquisitio of those on fee October simple and permanent the Board and adopted temporaRes easeent interests 2007-292 necess
f r the expans on of Golden Gate Boulevard and for the construction of stormwater retention and
t eatment pon s;and
WHE AS,the Board desires to amend the delegations of authority in Resolution No.
2007-292.
f Agenda Item No. 10D
October age 5 of 9
II
NOW,JTHEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
OMMISSIO RS OF COLLIER COUNTY,FLORIDA,that:
The B i and has determined that the expansion of Golden Gate Boulevard from west of
ilson Boule and to DeSoto Boulevard,Project No.60040(hereinafter referred to as"the
oject"),is n•cessary and in the public's best interest in order to protect the health,safety and
Welfare of the itizens of Collier County.
2. The c. struction of the Project is an integral part of the County's long range planning
effort,and is included in the Transportation Element of the County's Comprehensive Plan for
t
Growth Management,as approved by the Florida Department of Community Affairs.
It is necessary and in the best interest of Collier County for the Board to authorize he
quisition of .ght-of-way in either fee simple,or as easements for roadway,drainage and/or
tility purpos ,as well as temporary construction and driveway restoration easements,within
hase One of the Project corridor,identified on Exhibit"A"(attached hereto by reference and
made a part hdreof),and stormwater retention and treatment pond sites in fee simple within
Phases 1 and of the Project corridor(the Phase Two limits of the project corridor are from East
of Everglades oulevard to East of DeSoto Boulevard),in the locations collectively represented
y the legal d scriptions depicted in Exhibit`B"attached hereto and incorporated herein,as best
s its the need of the project;and the County Manager or his designee is hereby authorized and
irected to ac uire said right-of-way and stormwater retention and treatment pond sites by either
ift or purcha .
4. The B and hereby directs the County Manager or his designee to make purchase offers to
property own s based upon appraisals prepared for Collier County by licensed real estate
appraisers.
$. In view of the differences of opinions between real estate appraisers as to property owner
mpensation stimates,and in view of the cost of condemnation, the Board hereby authorizes
t e County M nager or his designee to approve right-of-way,easement,and stormwater retention
d treatment and site purchases where the property owner has agreed to sell the required land
ghts to the Cpunty at,or up to twenty five percent(25%)above,Collier County's appraiser's
estimate of fula compensation to the property owner,with the maximum approval authority not to
exceed$50, over the County's appraiser's estimate of full compensation. Such purchase
-Page 2-
E
1 Agenda Item No, 10D
October 23, 2007
Page 6 of 9
approvals are iereinafter referred to as"Administrative Settlements." Each and every proposed
settlement ov1r one hundred and twenty-five percent(125%)or over$50,000 above the County's
appraiser's es#mate of full compensation shall require separate Board approval.
I
6. The Bard hereby authorizes its Chairman,and any subsequent Chairman for the life of
the Project,upon the approval of the Office of the County Attorney as to form and legal
sufficiency,tol execute Easement Agreements and Purchase Agreements for right-of-way and/or
1
stormwater retiention and treatment pond sites,where the property owner has agreed to sell the
I
required land fights to the County at its appraised value,or within the Administrative Settlement
provisions of paragraph 5(above);and the Board hereby authorizes its present Chairman,and
any subsequett Chairman for the life of the Project,to execute any instruments which have been
approved by t4e Office of the County Attorney,to remove the lien of any encumbrance and for
any such othe purpose as may be required.
7. Said 'nistrative Settlement authority is delegated by the Board to the extent that such
I
delegation does not conflict with the provisions of Section 125.355,Florida Statutes.
8. Where4the property owner agrees to convey a necessary interest in real property to the
County,through the execution of a"Purchase Agreement"or"Easement Agreement,"and upon
the proper execution by the property owner of such legal instruments as the Office of the County
Attorney may kquire,the Board hereby authorizes the Finance Department to issue warrants,
Ii
and/or to mak wire transfers,payable to the property owner(s)of record,and to others who may
possess an egt.itable interest in the subject right-of-way parcels or stormwater retention and
treatment sites,in those amounts as shall be specified on a Closing Statement.
9. All titlt to real property which has been obtained in the manner described above shall be
deemed"accepted"by the Board of County Commissioners,as the governing body of Collier
County,Florida,a political subdivision of the State of Florida,and as such,staff is hereby
authorized to record in the Public Records of Collier County,Florida,deeds,easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired
properties.
10. Resolukion No.2007-292 is hereby repealed in its entirety.
-Page 3-
.
Agenda Item No. 10D
October 23, 2007
Page 7 of 9
This R-solution,adopted on this day of ,2007,after motion,
second and m.jority vote.
1 I'hST: BOARD OF COUNTY COMMISSIONERS
WIGHT E. ROCK,CLERK OF COLLIER COUNTY,FLORIDA
By:
JAMES COLETTA,CHAIRMAN
Approved as t• form and
legal sufficien y:
eidi F.Asth i n-Cicko
ssistant Coui ty Attorney
-Page 4-
m. A !(
EXHIBIT..:1.-. No. 1 D
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Agenda Item No. 10D
• EXHIBIT B October 23, 2007
Page 9 of 9
GOLDEN GATE BOULEVARD POND SITE PARCELS
( ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE
Parcel No. L gal DescriptIon:
PSP1 W 1 T e East 165 feet of Tract 18, Golden Gate Estates Unit No. 13,according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
p '.lic records of Collier County, Florida. Folio No.37221200005.
PS'1W2 T e West 180 feet of Tract 19, Golden Gate Estates Unit No. 13,according to
th•: plate thereof, as recorded in Plat Book 7, Pages 71 through 72,of the
public records of Collier County, Florida. Folio No. 37221280009.
PS•1E1 T I!,- West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
th: plate thereof,as recorded in Plat Book 7, Pages 71 through 72, of the
puslic records of Collier County, Florida. Folio No. 37228760001.
PS•1E2 T ,= East 200 feet of Tract 130,Golden Gate Estates Unit No. 13,according to
th:'- plate thereof, as recorded in Plat Book 7, Pages 71 through 72,of the
pu.lic records of Collier County, Florida. Folio No.37228720009.
PSF 2W 1 T '= East 180 feet of Tract 57, Golden Gate Estates Unit No.48, according to
the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of
C•Ilier County, Florida. Folio No.39204000000.
PSP2W2 T - West 150 feet of Tract 57, Golden Gate Estates Unit No.48,according to
the plate thereof,as recorded in Plat Book 5, Page 78,of the public records of
Collier County, Florida. Folio No.39204040002.
PSP2E1 Th North 350 feet of Tract 127, Golden Gate Estates Unit No. 13,according to
th plate thereof,as recorded in Plat Book 7, Pages 71 through 72,of the
public records of Collier County, Florida. Folio No. 37228540001.
I
PSP2E2 Thl- South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according
to he plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
1 public records of Collier County, Florida. Folio No.37228520005.
PSF3W1 Th: West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
th: plate thereof,as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No.39394600006.
PS'3W2 Th: West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit
N•.51,according to the plate thereof,as recorded in Plat Book 5, Page 84,of
the public records of Collier County, Florida. Folio No. 39394680000.
PS'3W3 Th East 75 feet of Tract 153, Golden Gate Estates Unit No.51,according to
th: plate thereof,as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No.39394640008.
PSI�3E Tr.ct 63, Golden Gate Estates Unit No. 80,according to the plate thereof, as
red orded in Plat Book 5, Page 18, of the public records of Collier County,
Flo rida. Folio No.40866000000.
PSP4 Tr.ct 19, Golden Gate Estates Unit No.78, according to the plate thereof, as
recorded in Plat Book 5, Page 16,of the public records of Collier County,
Florida. Folio No.40741080006