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Agenda 02/24/2015 Item #16A 8 2/24/2015 16.A.8. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 277RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040(Estimated Fiscal Impact: $59,100). OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East(the Project). CONSIDERATIONS: Collier County is seeking to purchase a 1,875 square foot, more or less, perpetual, non-exclusive Road Right-of-way, Drainage and Utility Easement(Parcel 277RDUE). Parcel 277RDUE is part of the 1.17 acre parent tract owned by Raul Figares (Property Owner) currently improved with a single family home and located on the north side of Golden Gate Boulevard, between 18th and 20th Streets Northeast. The accompanying Real Estate Appraisal Report prepared by RKL Appraisal and Consulting, dated May 10, 2014(the appraisal),reconciles to a market value for the parent tract property(The East 75 feet of the West 150 feet of Tract 72, Golden Gate Estates Unit 50) of$10,000 per acre. Per the appraisal,the total value of the easement is $33,700. However,the market value of the subject property, an estimate in and of itself,and the compensation due and owing to the owner of the parent tract is relatively insignificant in the context of the overall cost of acquiring the necessary easement rights. The attached easement agreement reflects an amicably-negotiated "global settlement" amount of $59,000 that includes the compensation to the owner, the owner's attorney fee and the fee they paid for an Engineering Report. Had the relationship between the Property Owner, the owner's attorney and County staff become adversarial, it is very likely that other experts might have been brought in to manufacture a claim for additional severance damages and the development of expensive curative measures; the property (Parcel 277RDUE)would have been taken by condemnation and the cost to acquire the right-of-way required for the construction of the project would have risen far beyond the actual value of the right-of-way involved. Accordingly, staff is recommending that the Board of County Commissioners (the Board) approve this agreement for the purchase of Parcel 277RDUE. FISCAL IMPACT:Funds in the amount of$59,100($50,000 purchase price,$9,000 attorney and expert fees, approximately$100 for recording fees)are available in Transportation Capital Improvement Project 60040 Golden Gate Boulevard— Wilson to DeSoto. 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. The County currently maintains Golden Gate Boulevard, so incremental maintenance costs ultimately related to the improvements will be minimal compared to the overall benefits of the project. Additional right-of-way acquisitions are required which will add acreage to the mowing and garbage removal maintenance at approximately $3,000 per year. Replacement of swales with closed drainage(piping)has a useful life of approximately fifty years with recurring costs of periodic inspections and system cleaning on a three to five year basis at an estimated cost of$5,000 per cycle. New roadway construction has a maintenance curve of approximately 5 to 7 years before any incremental costs are required for repairs or replacement. When the construction contract is brought before the BCC for approval,the maintenance costs will be revised if necessary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval.-ERP Packet Page-214- 2/24/2015 16.A.8. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION:That the Board of County Commissioners of Collier County: 1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 277RDUE and authorize the County Manager, or his designee, to record the conveyance instrument in the public records of Collier County,Florida; 3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the Easement Agreement to close the transaction; 4. 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 agreement;and 5. Approve any and all budget amendments required to carry out the collective will of the Board. Prepared by:Deborah Farris, Senior Property Acquisition Specialist,GMD,Transportation Engineering Attachments: (1)Easement Agreement; (2)Property Location Map; (3)Appraisal Report dated May 10,2014. http://www.colliergov.net/ftp/AgendaFeb1015/GrowthNgmt/Parce1227RDUEAppraisalReport.pdf Packet Page-215- 2/24/2015 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement(Parcel 277RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Estimated Fiscal Impact: $59,100). Meeting Date: 2/24/2015 Prepared By Name: FarrisDeborah Title:Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management 1/28/2015 3:24:36 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal, Transportation Engineering&Construction Management Date: 1/29/2015 8:34:59 AM Name: DelateJoseph Title:Project Manager, Senior,Transportation Engineering&Construction Management Date: 1/29/2015 1:21:47 PM Name: PutaansuuGary Title:Project Manager, Principal,Transportation Engineering&Construction Management Date: 1/29/2015 1:32:02 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 1/29/2015 5:03:00 PM Name: BoschRobert Title:Right Of Way Coordinator,Transportation Engineering&Construction Management Date: 1/30/2015 9:09:39 AM Name: KearnsAllison Title:Manager Financial &Operational Support,Transportation Administration Packet Page-216- 2/24/2015 16.A.8. Date: 2/2/2015 3:08:30 PM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 2/2/2015 6:13:10 PM Name: TaylorLisa Title:Management/Budget Analyst,Transportation Administration Date: 2/3/2015 3:33:24 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/4/2015 9:05:07 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/11/2015 8:40:13 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2015 9:46:45 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 2/13/2015 4:48:01 PM Name: DurhamTim Title:Executive Manager of Corp Business Ops, Date: 2/15/2015 8:23:32 AM n Packet Page-217- 2/24/2015 16.A.8. 4 PROJECT: Golden Gate Blvd#60040 PARCEL No(s): 277RDUE FOLIO No(s): Portion of 39327560003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2015 by and between RAUL FIGARES, a married man and surviving spouse of ANGELICA FIGARES, deceased,whose mailing address is 2017 Tweedwood Circle, New Haven, Indiana 46774 (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 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. RECITALS -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. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of: $50,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of$9,000 for engineering services provided by Thomas J. Harrison, P.E., legal fees and all other costs incurred by the Law Office of Bella Y. Patel, PA. Said aggregate payment of $59,000.00 shall be paid at closing by County Warrant or funds wire transfer to "Bella Y. Patel, PA Trust Account", Attn: Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, FL 33569, and 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 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 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 CA Packet Page-218- 2/24/2015 16.A.8. Page 2 following documents and instruments properly executed, witnessed, 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; (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. TIME IS OF THE ESSENCE - 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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation ! f"..• 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. 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 *.o salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All I 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES-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 CA Packet Page -219- 2/24/2015 16.A.8. Page 3 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 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. 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 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. CA Packet Page -220- . 2/24/2015 16.A.8. Page 4 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all t'1 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 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 201.01, Florida Statutes, 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 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. 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 representatives, successors, 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 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. ENTIRE AGREEMENT-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. BREACF-. AND TERMINATION - If either party faiis 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. Packet Page-221- 2/24/2015 16.A.8. Page 5 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 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tim Nance, Chairman AS TO OWNER: DATEGG--p J if, 16,', 2-O/S7 ` r` Witn6fss(Signature) ,RylZgares QV fu3 K• R. 1=;6 1 V /�l'1 -Gf L �Ct '"l Pr S Pcrr.s R,.,f l31( ►rJ T=is i —01 Fa-OJ4►t ^` Nam (Print or,.Type) s �� � DT- o t> Y Mness(Signature) -ilia Yii.t./ .l C j Name (Print or Type) Approved as to form and legality: `'1 Y.- � L1-1 roily Pein 1 Assistant County Attorney Last Revised:12/10/2014 ! i i 0 Packet Page -222- 2/24/2015 16.A.8. • t _ H I I 1 1 1 ■ N{Bi ° ,,1„_„ o 1 W = m y A t EAST 75' OF ■ I WEST 150' OF TRACT 72 FIGARES 8 I OR 2503/1825 O MARINO GENTRY EST & GENTRY OR 3274/1358 OR 2441/983 TRACT 71 TRACT 72 TRACT 73 GOLDEN GATE ESTATES g UNIT SO N PLAT BOOK 5 PAGE 82 ^.N W 1— E PROPOSED ROADWAY EASEMENT I I PARCEL 277 RDUE 1.875 S0. FT. c S o 0 r 25' 50 +,� 1 154+00 155 •1 156+00 151+" 52+00 ,� : GOLDEN GATE BOULEVARD (CR 876) I OR OFFICIAL RECORDS (BOOK/PAGE) ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) it /� EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 82 LEGAL DESCRIPTION FOR PARCEL 277 RDUE A PORTION RECORDS OF COLLIER COUNTY,FLORIDA. LYING IN O SECTION AS TOWNSHIP SOUTH, RANGE 27GEAST, C PUBLIC COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE EAST 75 FEET OF THE WEST 150 ET OF SAID TRACT 72. CONTAINING 1,875 SQUARE FEET, MORE OR LESS. ,// I 0 40 80 180 80 6701 SKETCH & DESCRIPTION ONLY +n Aµo Ram�soM:�.• NOT A BOUNDARY SURVEY STAG:1'-BD' DOWD OA180 7 N01 W2m 880W 1112 ORa1rL WARD MOOED!AL OF FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A naaop REasNllfa N1on:1880MI.SAD4108 AND WYT0. GOLDEN GATE BOULEVARD - . SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT RWV j4AV ! PARCEL 277 RDUE 81310 Maw Pam Dan.&nit MO /109...„Nolo.Florida 74108 COLLIER COUNTY, FLORIDA Allow(239)881-057O FAY,12 7 91 5974575 18 No.:8052 JOB NUMBER REVISION SECTION'TOWNSHIP RANGE SCALE BATE DRAWN BY FILE NAME SHEET 050217.00.00 0007 I 1 49 27 I r = 80' ]FEB. 2008 I S:DI. I UN50 5K277 I 1 OF 1 j Packet Page-223- 2/24/2015 16.A.8. LOCATION MAP (Not to Scale) Golden Gate Blvd Project#60040/ Parcel 277RDUE k mr �rFrv 'e? .mow ;t L, •S F a r ,, b• z 4 r r : �";:- ' - - , - --, ,,,N,:(;;;i,, :.i",r.'-.-''-';').!%."8.4...t;i5,-..:-If: :74., .- '.4*,--4,''.›:- ,A9,1,,,- '-i..'-..;'s '- AaT ".r. T` '-`:1:4-Ff y r 1 �, 4 - - '- Cara .d*� ,4 fi`'w F :. } J : s 3L i y .' & £0'' '''GATEIN VD t t 4,p M1 ': ;+z I �k 1 �, .t f Y• 4 3 .q .. i (rn-x. r G lri ." - rY "- v €'.. `a Y a4.:+ atr _ }, µ+x. bA t` r I r a b �c a , ' ands kx r 3 '.T' i � �`4 d I' . u j 4"74'''''''' .. Y' .rag a mr.> " as'v - s. f l }� + Try#tom` ,.�. w' r x i -8 ss stiu�y ia�7w-�yszars�a^ !#aoxt 4i: a� _ . �,3" n• Packet Page-224-