Agenda 09/08/2015 Item #16A429/8/2015 16.A.42.
EXECUTIVE SUMMARY
Recommendation to approve easement agreements for the purchase of a Road Right -of -Way,
Drainage and Utility Easement (Parcel 117RDUE) and a Temporary Bridge Construction
Easement (Parcel 117TCE) required for the construction of a replacement bridge on White
Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No.
66066.) Estimated fiscal impact: $6,530.
OBJECTIVE: To acquire two easements that are necessary for the construction of a replacement bridge
on White Boulevard over the Cypress Canal (the Project), being part of the Transportation Bridge
Replacement Program. (Project No. 66066).
CONSIDERATIONS: Collier County is seeking to purchase a 4,500 square foot, more or less,
perpetual, non - exclusive Road Right -of -way, Drainage and Utility Easement (Parcel 117RDUE) and a
1,906 square foot, more or less, Temporary Bridge Construction Easement (Parcel 117TCE). Parcels
117RDUE and 117TCE are both vacant land and part of the 2.27 acre parent tract owned by William S.
Ramsey (Property Owner). The unimproved property is located on the north side of White Boulevard,
and west of the Cypress Canal.
The accompanying Appraisal prepared by Harry C. Henderson, SRA, and dated June 5, 2015 estimated
the current market value of Parcels 117RDUE and 117TCE is $5.700 and $730, respectively. Based on
this appraisal, the County extended an offer to purchase the easements in the aggregate amount of $6,430.
The property owner has accepted the County's offer.
Accordingly, staff is recommending that the Board of County Commissioners (the Board) approve the
accompanying two easement agreements for the purchase of Parcels 117RDUE and 117TCE.
FISCAL IMPACT: Funds in the amount of $6,530 ($5,700 purchase price for Parcel 117RDUE, $730
purchase price for Parcel 117TCE and approximately $100 aggregate recording fees) are available in the
Transportation Bridge Replacement Project No. 66066. Source of funds is gas tax. Since the County
already maintains the asset, minimal to no maintenance costs are expected to be incurred within the first 5
to 7 years for the new bridge. The expected actual useful life of the bridge is estimated to be 75 years.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. — ERP
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work
program, the Transportation Bridge Program Project is an integral part of Collier County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
Approve the accompanying Easement Agreement (Parcel 117RDUE) and authorize its Chairman to
execute same on behalf of the Board,
Approve the accompanying Temporary Bridge Construction Easement Agreement (Parcel 117TCE)
and authorize its Chairman to execute same on behalf of the Board;
Accept the conveyance of Parcel Nos. 117RDUE and 117TCE and authorize the County Manager, or
his designee, to record the conveyance instruments in the public records of Collier County, Florida;
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4. Authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of both the Easement Agreement and the Temporary Bridge Construction Easement Agreement
to close the transaction;
5. Authorize the County Manager or his designee to take the necessary measures to ensure the County's
perfonnance in accordance with the terns and conditions of these agreements; and
6. Authorize any and all budget amendments required to cant' out the collective will of the Board.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department
Attachments:
(1) Easement Agreement;
(2) Temporary Bridge Construction Easement Agreement;
(3) Property Location Map;
(4) Appraisal Report dated June 5, 2015
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.42.
Item Summary: Recommendation to approve easement agreements for the purchase of a
Road Right -of -Way, Drainage and Utility Easement (Parcel 117RDUE) and a Temporary Bridge
Construction Easement (Parcel 117TCE) required for the construction of a replacement bridge
on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program
Project No. 66066.) Estimated fiscal impact: $6,530.
Meeting Date: 9/8/2015
Prepared By
Name: FarrisDeborah
Title: Property Acquisition Specialist, Senior, Growth Management Department
8/6/2015 1:39:36 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 8/6/2015 1:59:00 PM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/6/2015 2:47:29 PM
Name: StoltsAnthony
Title: Project Manager, Senior, Growth Management Department
Date: 8/10/2015 2:23:36 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/12/2015 10:39:55 AM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 8/12/2015 3:12:39 PM
Name: KearnsAllison
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Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/13/2015 12:23:31 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/13/2015 12:25:35 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/13/2015 3:29:25 PM
Name: WilkisonDavid
Date: 8/14/2015 11:43:47 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:24:07 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 8:19:32 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:19:27 PM
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PROJECT: MW — White Blvd. and Cypress Canal Bridge
PARCEL No(s): 117RDUE
FOLIO Nola), Portion of 37980040001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is
made and entered into on this day cd . 2015, by and between
WfLUAM S. RAMSEY, whose mailing address is 85 Weddington Branch Road, Pikeville,
Kentucky 41601 -3203 (hereinafter referred to as ,owner'), and COLLIER COUNTY. a
political subdivision of the State of Florida, whose mailing address Is 329P Tamiami Trail
East, ejo 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
'A7, 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 condifions;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 9 set forth fully below, and all Exhibits referenced
herein are made a pan of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$6,7D0.00
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 Warranty or funds wire transfer, shall be
full compensation for the Easement conveyed, including (if applicabie) all
landscaping, trees, shrubs, improvements. and fixtures located thereon, and shall cle
in full and final settlement of any damages resulting to Owner's remaining lands,
costs to cure, including but not limiter 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 conneztion 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
following documents and inmments 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
CP•
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(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.
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 ford 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
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 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. 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
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
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(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.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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
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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.
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. 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 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.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: 311 r a 5
Witness ( ignature)
lhcrW a
NXne (Phr or Type)
-n
Witness (Sonature)
Name (Print of Jrype)
Approved as to form and legality:
As s&xt &OWRttomey
Last Revised: 06/23715
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIM NANCE, Chairman
/� /�
`William S. Ram
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PROJECT: 66066 —White Blvd and Cypress Canal Bridge
PARCEL No(s): 117TCE
FOLIO No(s): Portion of 379B0040001
TEMPORARY BRIDGE CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (hereinafter r ferred to as the
"Agreement") ") is made and entered into on this Si day of u _
20 15 , by and between WILLIAM S. RAMSEY, whose mailing address is 85
Weddington Branch Road, Pikeville, Kentucky 41501 -3203, (hereinafter referred to as
"Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 3299 Tamiami Trail
East, c/o the Office of the County Attorney, Suite B00, Naples, Florida 34112.
WHEREAS, County requires a Temporary 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 ") for the purpose of
constructing a temporary bridge over the Cypress Canal during the period of time that
the existing bridge on White Boulevard over the Cypress Canal is being replaced; and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein, and is fully aware and
acknowledges that any and all vegetation and / or improvements that are presently
located within the Temporary Easement area will be removed and disposed by County
and / or County's bridge contractor and will not be replaced either on Owner's
remainder property nor in the Temporary Easement area once the temporary bridge is
removed; 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
foliows:
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.
PURCHASE PRICE - Owner shall convey the Easement to County for the sum
of:
$730.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph
7 of this Agreement (said transaction hereinafter referred to as the "Closing ").
Said payment to Owner, payable by County Warrant, 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 (if applicable), the cost to relocate the existing
irrigation system and other improvements, and the cost to cut and cap irrigation
lines extending into the.Easement, and to remove all sprinkler valves and related
electrical wiring, 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.
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
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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 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) Temporary Bridge Construction 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.
3. 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."
4. 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.
5. 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 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.
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117TCE Agreement Page 3
(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.
6. 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 6(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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;
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
Packet Page -965- ``�
117TCE Agreement
Page 4
9/8/2015 16.A.42.
pay all documentary stamp taxes required on the instrument(s) of transfer,
unless the Easement is acquired under threat of condemnation.
8. EASEMENT TERM AND PURPOSE - Owner agrees to grant the Easement to
County for the purpose of allowing County and its contractor(s) to construct a
temporary bridge over the Cypress Canal during the period of time required to
replace the existing bridge on White Boulevard over the Cypress Canal, to
remove the temporary bridge once the new bridge construction over the Cypress
Canal is complete, and to construct new residential driveway aprons so that the
subject properties will transition from their current elevation to the elevation of
the new pavement immediately adjacent thereto. Owner acknowledges and
specifically permits Florida Power and Light Company to temporarily relocate its
poles and wires to the northerly five (5) feet of the Easement area as part of
County's bridge replacement project, with the understanding that said poles and
wires will be removed from the Easement area as part of the removal of County's
temporary bridge. The rights granted under the provisions of this Agreement
include the right to trim tree branches at the easement line as high above ground
as is necessary to prevent conflict with the electrical wiring. The term of the
Easement shall commence upon the issuance of Grantee's official Notice to
Proceed to its roadway contractor for the construction of the temporary bridge,
and shall automatically terminate 1,095 days therefrom.
9. 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.
10. 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, its successors
and assigns. (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.)
11. ENTIRE AGREEMENT - Conveyance of the Easement by Owner, or any interest
in the property underlying the Easement, 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.
12. 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.
Packet Page -966- _ r
117TCE Agreement Page 5
13. 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.
14. 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: —As
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: j tA
art - ?It,,
Witness (Signature)
or
WfAhhess (Signature)
i Y7
Name (Print or ype)
Approved as to form and legality:
t
` -Emily pin ql
Assistant Co my Attorney
Last Revised $128=15
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIM NANCE, Chairman
M
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LOCATION MAP
(Not to Scale)
66066 — White Blvd & Cypress Canal Bridge
William S. Ramsey property / Folio #37980040001
Parcels 117RDUE & 117TCE
Packet Page -970-
9/812015 16.A.42.
SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVISION - TRANSPORTATION ROW
PROJECT NAME: White Blvd /Cypress Canal Bridge Replacement
PARCEL NUMBER: 117RDUE,117TCE
PARENT TRACT SIZE: 217 acres
Tax Folio: 37960040001
OWNER'S NAME: Ramsey, William S
Property Address: 3231 White Blvd, Naples, FL
PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple interest of the subject property parent tract lands
and effected improvements (if any), and to estimate the compensation due the property owner (current record title holder of the fee simple interest in
the property) by reason of the proposed permanent and temporary easements associated with the bridge replacement project
The Scope of the Appraisal includes a valuation of the parent tract ( "as improved", if deemed necessary) using verified market data and an estimate of
the contributory value of items in the take using cost manuals and/or local contractors/landscape pricing experts. The remainder property (its condition
after the proposed easement acquisition) is also analyzed as to the possible damages and related cures including minor "costs to cure`. A set -back
study conducted by Alan Wilcox, MAI was consulted with respect to possible damages caused by reduced front yard set - backs.
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash or in terms equivalent to cash, or in other precisely revealed
terms, for which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and
the seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under any undue stimulus to act.
LEGAL DESCRIPTION: Golden Gate Estates Unit 27 W 150ft of Tract 1(Parent Tract)
SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED.
PROPERTY HISTORY: The subject property has not sold over the past 10 years.
PRESENT ZONING: E- Estates FUTURE LAND USE: Estates
HIGHEST AND BEST USE (if vacant): Based upon an analysis of the subject property and its environs (with consideration given to zoning,
physical aspects of the subject property, economiclmarket trends) the maximally productive use of the subject property would be for
single- family Estates type residential development.
As Improved: The subject tract is unimproved.
DESCRIPTION OF SUBJECT PROPERTY: The subject property is located in the "close -in" section of the Golden Gate Estates in greater
Naples. The subject tract is currently vacant and covered with natural vegetation. Topography is level and close to street grade. The site
has a rectangular shape with street frontage along White Blvd of 150ft and a lot depth of 6601t. The gross size of the parent tract is 2.27
acres.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: The Following Land Sales are used to estimate the value
of the subject property lands using the Sales Comparison Approach:
1. 37401st Ave NW, Naples, FL Sale Price: $140,000 Sale Date: 02115
21 66131st St NW, Naples, FL Sale Price: $126,000 Sale Date: 05115
3. 33917th Ave SW, Naples, FL Sale Price: $145,000 Sale Date: 05115
Packet Page -971-
9/812015 16.A.42.
SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVSION
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:
Sale #1 involves a 2.73 acre tract located in the "close -in" Golden Gate Estates area of greater Naples just north of Golden Gate Blvd. E- Estates
zoning. The site topography is level and naturally vegetated. Its sale price of $140,000 reflects a unit price ($ /acre) of $51,282/acre.
Sale #2 involves a 2.27 acre tract located in the "close -in" Golden Gate Estates area of greater Naples. E- Estates zoning. The site topography is level
and naturally vegetated (with a drainage canal at its rear border). Its sale price of $126,000 reflects a unit price ($ /acre) of $55,507 /acre.
Sale #3 involves a 2.58 acre tract located in the "dose -in" Golden Gate Estates area of greater Naples. E- Estates zoning. The site topography is level
and partially cleared. Its sale price of $145,000 reflects a unit price ($ /acre) of $56,201 /acre.
The sales cited show a unit/price range of $51,282/acre to $56,201 /acre. The upper -end of the indicated price range is given most weight in
consideration of steady price appreciation currently being observed in this market. A unit/price of $56,000 /acre (or $1.281sf) is selected as most
reasonable for the subject lands.
Value Estimate, Parent Tract Lands: 2.27 acres x $56,0001acre = $127,000. (market exposure period of 160 days assumed)
Proposed Taking Parcel,117RDUE: The proposed acquisition parcel is a roadway, drainage and utility easement having a total area of 4500 sf. It is
mostly rectangular in shape and located along the subject properties road frontage on White Blvd. The encumbrance associated with this type of
RDUE easement is judged to be 99% of the fee simple interest (the remaining1 % interest retained by the fee owner contributes to gross area
calculations). For compensation purposes, the proposed easement area is therefore valued as follows:
4500 sf x $1.28sf x 99% = $5,700 (rounded)
No site improvements are located in the taking parcel.
Proposed Taking Parcels,117TCE: This proposed acquisition parcel is a Temporary Construction Easement parcel needed as part of the Cypress
Canal Bridge Replacement Project (which includes the placement of a temporary bridge crossing). 1 17TCE is mostly rectangular in shape and has a
size of approximately 1,906 sf. The term for this TCE parcel is 3 years. Using the land unit/prices established above, a 10% land capitalization rate and
the 3 year term this TCE is valued as follows:
117TCE:1906 sf x $1.28 /sf x.10 %(Land Capitalization Rate) x 3yrs = $730 (rounded)
No damages or net costs to cure are associated with these easement acquisition parcels (Permanent and Temporary)
SUMMARY OF VALUES: Parcel 117RDUE 117TCE
TOTAL LAND VALUE ................ $ 5,700 $730
TOTAL VALUE OF IMPROVEMENTS .... $ 0 0
Damages: $ 0 0
TOTAL COMPENSATION ............. $ 5,700 $730 Total: $6,430
Page 2
Packet Page -972-
9/8/2015 16.A.42.
SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVSION
LAST PROPERTY INSPECTION DATE: 0610512015 II DATE OF VALUE: 0610512015
rf l
SIGNATURE OF APPRAISER: 7
APPRAISER'S NAME:
I have not previously provided appraisal services involving the subject property. I have no past, current or contemplated future interest in the subject
property.
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief, .. .
The statements of fact contained in this report are true and correct.
The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,
unbiased professional analyses, opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect
to the parties involved.
My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction in value that favors
the cause of my employer, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of
Professional Appraisal Practice.
Acceptance and utilization of this appraisal report, or any portion thereof, constitutes acknowledgment and acceptance of all die General
Assumptions and Special Conditions contained herein.
I have made a personal inspection of the property which is the subject of this report.
Unless specifically mentioned in the body of the report, and only to the extent mentioned, no one other than the undersigned contributed
any siartificant assistance in developing the analyses, assumptions and conclusions contained in this report.
Ham Henderson , SRA
Review Appraiser
Collier County. Florida
RD3475
Paae 3
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Packet Page -976-
WEST LINE OF TRACT 1
TR
CAROL C. HOPCRAFT
CT 1 # 37980080003
I WILLIAM A. RINGLAND
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WILLIAM S. RAMSEY ET AL.
137M S. R M
G.G.E.
UNIT 27
37340960006
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L3) N89-31'19 "E 7.46'
title: MMTCH AND Dlffi YfON OF 117 T.C.E. A 0r :
ORARY CONSTRUCTION UXDMT ALONG 11817E BOUIiY
L4) S00"28'41'E 17.00'
GOLDEN GATE ROTATES, UNIT E7 Mnked:
TRACT 2
G.G.E. UNIT 27
FIAT EOOE 7, PAGE 17
OOTIMB COUNTY FLORIDA 000d +t
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DESCRIPTION DF A TEMPORARY CONSTRUCTION EASEMENT (117 T.C.E.)
A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF TRACT
1, GOLDEN GATE ESTATES, UNIT NO. 27,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT-BOOK 7, PAGE 17, PUBLIC RECORDS
OF COLDER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 1. THENCE SOUTH 89'31'19' WEST
ALONG THE SOUTH LINE OF SAID TRACT 1 A DISTANCE OF 330.00 FEET;
THENCE LEAVING SAID SOUTH LINE, NORTH 00'28'41 - WEST A DISTANCE OF 55.00 FEET TO THE
POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED, SAID POINT ALSO BEING ON
THE NORTHERLY LINE OF A ROAD, DRAINAGE AND UTILITY EASEMENT. AND THE WEST LINE OF
SAID TRACT 1;
THENCE CONTINUING ALONG SAID WEST LINE OF TRACT 1 NORTH 0028'41- WEST A DISTANCE OF
7.44 FEET;
THENCE NORTH 81'42'31' EAST A DISTANCE OF 143.88 FEET;
THENCE NORTH 89'31'19' EAST A DISTANCE OF 7.46 FEET;
THENCE SOUTH 0028'41' EAST A DISTANCE OF 17.00 FEET TO AN INTERSECTION WITH SAID
NORTHERLY LINE OF A ROAD, DRAINAGE AND UTILITY EASEMENT;
THENCE SOUTH 85'42'28' WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 150.33 FEET TO
THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED:
CONTAINING 1,906 SQUARE FEET OF LAND MORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOU. BARBER k BRUNDAGE. INC.
PROFESSIONAL ENGINEERS, PLANNERS k LAND SURVEYORS
BY
GUY P. ADAMS, FL. NO. 4380 DATE
9/8/2015 16.A.42.
GENOM NOTES,
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2 P.O.B. - PONT OF BEGNNNG.
3. P.O.C. - POINT OF COMMENCEMENT.
4. R.O.W. — RIGHT —OF —WAY.
5. CURVE DIMENSIONS ARE AS FOLLOWS:
A - DELTA. R — RADIUS, A - ARCH, CH - CHORD, AND
CHS — CHORD BEARING.
B. BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE
COORDINATE SYSTEM. EAST ZONE, NAD 53/90 DATUM AND BASED ON THE
SOUTH LINE OF TRACT 15, AS BEING NORTH 8931'19' EAST
7. R.D.U.E - ROAD. DRAINAGE k UTILITY EASEMENT.
6. T.0 E — TEMPORARY CONSTRUCTION EASEMENT.
Packet Page -977-
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Print Tax Bills Change of Address Jk
Property Summary Property Detail FAerial Sketches Trim Notices
I I IF
Parcel No. 3798D040001 Site Adr. 3231 WHITE BLVD
Name / Address RAMSEY, WILLIAM S
85 WEDDINGTON BRANCH RD
City PIKEVILLE State KY
Map No. Strap No. Section Township
4614 334600 1041314 14 49
Legal GOLDEN GATE EST UNIT 27 W 150FT OF TR I
Millacie Area & 28
Sub./Condo 334600 - GOLDEN GATE EST UNIT 27
Us ode 0 0 - VACANT RESIDENTIAL
Latest Sales History
(Not all Sale., are listed, due to Confiaentiairty"
Date Book-Page Amount Land Value
03/27/15 31� ?96� IS C
Improved Value
05112/06 4036 -"43i: 255,000 Marke"Value
9/8/2015 16.A.42.
Zip 41501-31203
Range Acres *Estimate
26 2.27
Millage Rates 0 -Calcultatiam
School Other Total
.5£
6.4059 11.9859
2014 Certified Tax Roll
tSubject to Cnange.
r 35,185
S 35'i8s
A
Packet Page -978-
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