Agenda 09/13/2016 R Item #16A 6 16.A.6
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a road right-of-way,
drainage, and utility easement (Parcel 403RDUE) required for the expansion of Golden Gate
Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal
Impact: $9,210.
OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from 20th
Street East to east of Everglades Boulevard(Project).
CONSIDERATIONS: Collier County is seeking to purchase Parcel 403RDUE, a perpetual, non-
exclusive road right-of-way, drainage, and utility easement of varying widths containing approximately
6,550 square feet needed for construction of the Project. This easement is situated along the road frontage
of a parent tract owned by Juan and Maria Bustamante.
The appraisal prepared by Carlson,Norris and Associates, Inc. on January 6, 2016, estimates the value of
Parcel 403RDUE at$2,400. The attached easement agreement is the culmination of negotiations with the
owner's attorney and is a settlement amount of$7,500 plus statutory attorney fees of$1,683, for a total of
$9,183. If Parcel 403RDUE is not acquired by negotiation, it will have to be condemned and the County
will be liable for inflated costs of additional owner's attorney fees, appraisal, and other expert fees as well
as possible severance damages. Such costs would far exceed the difference between the appraised value
and the negotiated settlement price.
FISCAL IMPACT: Funds in the amount of$9,210, being the aggregate settlement price of$9,183 and
recording fees of$27, will be required. The primary funding source for the acquisition of right-of-way is
impact fees. Should impact fees not be sufficient within a particular project, the secondary funding
source will be gas taxes.
Incremental maintenance costs for Golden Gate Boulevard from 20th Street East to east of Everglades
Boulevard are estimated at $3,000 per year for mowing and garbage removal. The cost to maintain
stormwater management infrastructure will be approximately $5,000 on a three to five year basis. New
roadway construction has a maintenance curve of approximately five to seven years before any
incremental costs are required for repairs.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION:
. To approve the attached easement agreement and authorize the Chairman to execute same on behalf
of the Board;
. To accept the conveyance of Parcel 403RDUE and authorize the County Manager, or his designee,to
record the conveyance instrument in the public records of Collier County,Florida;
. To authorize the payment of all costs and expenses that Collier County is required to pay under the
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16.A.6
09/13/2016
terms of the easement agreement to close the transaction;
. To authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the easement agreement; and
. To authorize any,and all,budget amendments that may be required to carry out the collective will of
the Board.
Prepared By: Karen Dancsec, Property Acquisition Specialist, ROW, Transportation Engineering
Division, Growth Management Department.
ATTACHMENT(S)
1.Easement Agreement (PDF)
2.Location Map (PDF)
3. [Linked] Appraisal (PDF)
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1 6.A.6
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Item Summary: Recommendation to approve an easement agreement for the purchase of a road
right-of-way, drainage, and utility easement (Parcel 403RDUE) required for the expansion of Golden
Gate Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal
Impact: $9,210.
Meeting Date: 09/13/2016
Prepared by:
Title: Property Acquisition Specialist—Transportation Engineering
Name: Karen Dancsec
07/15/2016 11:18 AM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
07/15/2016 11:18 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 07/20/2016 2:55 PM
Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 07/20/2016 3:55 PM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 07/26/2016 7:22 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 07/26/2016 4:25 PM
Road Maintenance Travis Gossard Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 7:12 AM
Transportation Engineering Gary Putaansuu Level 1 Sim.Reviewer 1-8 Completed 08/15/2016 7:54 AM
Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 08/15/2016 11:44 AM
Growth Management Department Diane Lynch Level 2 Division Reviewer Skipped 07/26/2016 4:25 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/17/2016 9:45 AM
County Attorneys Office Debbie Allen Level 2 Attorney Review Skipped 08/25/2016 2:11 PM
Growth Management Department Diane Lynch Level 3 Division Reviewer Skipped 07/26/2016 4:25 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2016 2:30 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/25/2016 2:54 PM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 10:44 AM
Growth Management Department Diane Lynch Level 4 Division Reviewer Skipped 07/26/2016 4:26 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 1:33 PM
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09/13/2016
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.6.a
PROJECT 60145- Golden Gate Blvd
PARCEL(a): 4O3RDUE
F{}L|D(s): 40682320003 and 40682280004
EASEMENT AGREEMENT
THIS EASEMENT AGEEK3E T (herefter referred to as the "Agreement") is
made and entered into on this �� � day of . 2016, by and between
JUAN I. BUSTAMANTE AND MARIA BUSTAMANTE, husband and wife, whose
mailing address is 5609 Parkaire Drive, Metaine, LA 70003-2319 (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida.
whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County
Attormay, Suite 800. Nap(es, Florida 34112 (hereinafter referred to as "County").
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WHEREAS, County requires a perpetual, non-exclusive road nght'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 `a•
referred to as the "Easement" and un
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 prornions, the sum of Ten Dollars (r)
(S10.00), and other good and valuable consideration, the receipt and sufficiency of m
which is hereby mutually aoknow|edged, it is agreed by and between the parties as
follows:
1 RECITALS All of the above recitals are true and correct and are hereby expressly .12
incorporated herein by reference as if set forth fully below. and all Exhibits
referenced herein are made a part of this Agreement.
2 PURCHASE PRICE Owner shall convey the Easement to County for the sum of:
$7,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing"),
County also agrees to pay attorney's statutory fees of $1,683 Said aggregate
payment of 39183D0 (representing Owner's prnnaods, attorney's fees and all
other costs) shall be paid at closing by County Warrant or funds wire transfer to
"Rasco KlockTrust ~ and shall be full compensation for
the Easement C0nv8‘yed. including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
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settlement of any damages resulting to Owner's remaining |onds. costs to cure
including but not limited to the cost to relocate the existing irrigation system and
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. CLOSING DOCUMENTS AND CLEAR TITLE Owner shall obtain from the
holders of any liens, exceptions and/or qualifications encumbering the EasernenL
the execution of such instruments which will remove, release or subordinate such
encumbrances from the Easement upon their recording in the pubiic records of
Collier County. Florida. Prior to Closing and as soon after the execution of this
Agreement as is possibla. Owner snail provide County with a copy of any existing
title insurance policy and the following documents and instruments properly
executed, vvitnenSed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Road Right of Way, Drainage, and Utility 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,
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(e) W-9 Form: and Lu
(f) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver ths agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company. ~^
4. TIME IS OF THE ESSENCE Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (SO) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing OOcuno8nts, whichever is the later. This agreement shall remain in full
force and effect Lintil Closing shall OCCLJI. until and unless it is terminated for other
cause. At C|oaing, payment shall be made to Owner in that amount shown on the
Closing Statement as 'Net Cash to the Seller."
5 IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS Ownei
agrees to relocate any existing irrigation system located on the Easement including
irrigation |inas, 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
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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.
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 pject 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
Ovvncr.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title,
D MISCELLANEOUS REQUIREMENTS Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such w'
requirement is made known to them or they are requested to do so. whichever is
the earlier
7 REPRESENTATIONS AND WARRANTIES Owner agrees, represents and
warrants the following: *c
(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
8xeoute, deliver and perform its obligations under this Agreement and the �U
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 of any rights thenain, nor enter into any
agreements granting any person or entity any rights with respect to the
Easernent, without first obtaining the written consent of County to such
conveyance, 8nCVcOb[aOc8, or agreement, which consent may be withheld
by County for any reason whatsoever.
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(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(1) 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
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 ce
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) E
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 `t
substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - 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 ar 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
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instrument recording fees. In addition. County may elect to pay reasonable
processing fees required by lien-holders and/Orea89[n8n('ho|ders 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 EaoernenL
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 rightshall be the
responsibility of the (}wner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees ^ In accordance with
the provisions of Section 20101. Florida 31atutes, concerning payment of
documentary stamp taxes by County, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless the Easement is
acquired under threat of condemnation
10. PRIOR YEAR AD VALOREM TAXES There shall be deducted from the proceeds re
of sale all prior year ad valorem taxes and assessments levied against the parent -zr
tract property which remain unpaid as of the date of Closing.
11. EFFECTIVE DATE - 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 repr8sentativo5. suCCesSonS, successor trustees, and/or
assignees, whenever the context so requires or admits
12. PUBLIC DISCLOSURE - 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
dioc|osure, 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
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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 3tatutes, whose stock is for sale to the general public, it is hereby
exempt from the provisions of Chapter 286, Florida Statutrs )
13ENTIRE AGREEMENT Conveyance of the Easenncnt, or any interest in the
property underlying the Easement, by Owner is contingent upon no other
provisions, oonditions, 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 padies, and there are no other prior or
contemporaneous written or oral agreernonhs, undedakmys, prnnniues, vvanantieo,
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
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14. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement. such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
15. SEVERABILITY - 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.
16. VENUE - This Agreement is governed and construed in accordance with the laws ce
of the State of Florida.
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the
date first above written.
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AS TO COUNTY:
DATED
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ATTEST: BOARD OF COUNTY COMMISSIONERS =
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA N
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BY:
Deputy Clerk DONNA FIALA, CHAIRMAN
AS TO OWNER: m
DATED: 0 VA-
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Witness (Signature)j Juan I Bustamante
s2-7 Ma'rel '/Nam (Print or Type)
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Witness (Signature)
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Name (Print or Type)
AND
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Witness (SignAlure) MXnalBustamante
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Witn-ss (Signature)
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Approved as to form and legality. m I
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Attachment: Easement Agreement (1564 : 403RDUE) �'
16.A.6.b
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