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Agenda 12/09/2014 Item #16A 2 12/9/2014 16.A.2. EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of- Way, Drainage and Utility Easement (Parcel 376RDUE) containing 675 square feet, which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact:$300). OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road right-of-way drainage and utility easement required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. CONSIDERATIONS: The required easement is needed along the western property line of Tract 100, Golden Gate Estates, Unit 81, and contains a total of 675 square feet. Using the most recent, comparative sales data, the Growth Management's Division Review Appraiser, Harry Henderson, SRA, estimates the current value of the easement area of the property to be $200($13,000 per acre). While the acquisition of this project parcel is not specifically authorized under Gift and Purchase Resolution No. 2007-306, nor is it required for construction of the current design-build improvements proposed for Golden Gate Boulevard, the property owner has asked that the County purchase the easement at its current market value at the present time. The parcel's purchase price of $200 will have no impact upon the County's ability to complete the improvements proposed as part of the design-build project. Staff is recommending that the Board of County Commissioners purchase the required easement area from the owner, Bendex LLC, Trustee for Everglades Trust, for the purchase price of$200. FISCAL IMPACT: Funds in the amount of$300 ($200 purchase price and no more than $100 recording fees) will be paid from impact fees. Should impact fees not be sufficient for this particular project, the secondary funding source will be gas tax. 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 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 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. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. EP Packet Page-886- 12/9/2014 16.A.2. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 376RDUE and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary 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 which may be required to carry out the collective will of the Board. Prepared by: Kitt Perfect, Property Acquisition Specialist, Growth Management Division, Transportation Engineering Attachments: (1)Easement Agreement; and (2) Location Map Packet Page -887- 12/9/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel 376RDUE) containing 675 square feet, which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact:$300). Meeting Date: 12/9/2014 Prepared By Name: PerfectKitt Title: Property Acquisition Specialist, Transportation Engineering& Construction Management 10/28/2014 11:34:47 AM Submitted by Title: Property Acquisition Specialist, Transportation Engineering&Construction Management Name: PerfectKitt 10/28/2014 11:34:48 AM Approved By Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 10/28/2014 3:13:45 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administration Date: 11/12/2014 2:21:59 PM Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 11/12/2014 4:00:17 PM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 11/18/2014 3:11:22 PM Packet Page-888- 12/9/2014 16.A.2. Name: ShueGene Title:Director-Operations Support,Transportation Administration Date: 11/20/2014 10:02:43 AM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 11/21/2014 2:48:27 PM Name: CasalanguidaNick Title: Administrator-Growth Management Div, Business Management&Budget Office Date: 11/23/2014 10:34:15 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 11/24/2014 3:18:44 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/25/2014 9:05:06 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 11/25/2014 3:03:30 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/30/2014 8:11:00 PM Packet Page-889- 12/9/2014 16.A.2. PROJECT: Golden Gate Boulevard 60040 PARCEL No(s): 376RDUE FOLIO No(s): 40931160008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2014, by and between BENDEX, LLC, a Florida limited liability company, f/k/a IMPOTEX, LLC, a Florida limited liability company, Trustee of EVERGLADES TRUST, a Land Trust whose mailing address is P.O. Box 2234, Naples, FL 34106-2234, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $200.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and 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 Packet Page-890- 12/9/2014 16.A.2. Page 2 County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. 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 (70 Packet Page-891- 12/9/2014 16.A.2. Page 3 improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform 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. Packet Page-892- 12/9/2014 16.A.2. Page 4 (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." Packet Page -893- '� 12/9/2014 16.A.2. Page 5 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. Packet Page -894- 12/9/2014 16.A.2. Page 6 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 TOM HENNING, Chairman AS TO OWNER: DATED:jiiplzz L j1 dr BEND' X a Florid ed lia•' ity company, Tru t•a of : : GLADES TRUST, a La d r :� ' 9/2 1.,16, /1, by: IL / / f Witness (Signature) B A`R''M :trig:n.:17W' Ma ging Member Name (Print or Type) L Witness (Signature), Name (Print or Type) Approved as to form and legality: r•. 7 /e A A.n / e 4 r, a ,1 Assistant C.unty Attorney Last Revised:6/3/2013 Packet Page-895- 12/9/2014 16.A.2. R I °° " 1 - i r HI� , _ N olLi.--- o -` T TRACT 99 B - ° 1 N 0 y + s , , � a W ,r E PEREZ & LEIVA-LOPEZ • OR 4407/54 .S 6 oo CC 7 Q°_ NESTORY & MCCABE TRACT 100 OR 1644/2300 .1 o GOLDEN GATE ESTATES j m UNIT 81 c. w 4110. _9' PLAT BOOK 5 PAGE 19 4 ca ° NORTH 75' OF IMPOT EX LLC r. SOUTH 180' OF OR 4421/1505 0 co I, 50' TRACT 100 u 4 A ,►- R PROPOSED ROADWAY EASEMENT PARCEL 376 RDUE MEZA J 675 SO. FT, OR 4016/3524 ° 7 - . o TRACT 101 OR OFFIC AL RECORDS (BOOK/PAGE) SO. FT. SOUARE FEET = PROPOSED ROADWAY DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL ' USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 TECM-ROW FEB 0 1 2010 LEGAL DESCRIPTION FOR PARCEL 376 RDUE A PORTION OF TRACT 100, GOLDEN GATE ESTATES, JN:T 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 9 FEET OF THE WEST 59 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF SAID TRACT 100. CONTAINING 675 SQUARE FEET, MORE OR LESS. 0 40 80 160 erg L AARO` SURVEYOR Q MAPPER SKETCH & DESCRIPTION ONLY I i °Loa A ARILT0O cE na u°.5301 NOT A BOUNDARY SURVEY SCALE 1".80' "'"c°A�` 11.0 Ili HOT VAIJD FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA RLG ERO"PRORIGINAL ssiauL wsuyrxoRR o MAPPER. SEAL of ' GOLDEN GATE BOULEVARD D A j^ Vionlinfica SKETCH At DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ,i CONSULTING TL i Suva,*it Wiling PARCEL 376 RDUE 6610 Mow Park are,Suite 200 Napier.,Fonda 34109 COLLIER COUNTY, FLORIDA Phone(239)597-0575 FAX:(239)597.0578 LEINO.:8952 J08 NUMBER REVISION SECTION TOWNSHIP RANGE I SCALE I DATE DRAWN BY FILE NAME SHEET o\ 350217 00,01 0001 REV 01 6 49 '009 D.W-J_ SK 376 1 OF 1Z Packet Page -896- 12/9/2014 16.A.2. war �n . ' '� ` s �,;:7:t � ' a F T" ' - f .."-:,''''','''..'''':t:''''.....'s 4 -t x ` ?• t.Y;t,.• rd j'K JJ J:. 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MAP LEGEND Street Names Parcels E Subdivisions Aerlais 2010]6 inct Urban] Aerials 200912 FEET] I Building Footprints Collier County Folio Number: 40931160008 Name: IMPOTEX LLC TR Street# &Name: 180 EVERGLADES BLVD S Legal Description: GOLDEN GATE EST UNIT 81 N 75FT OF S 180FT OF TR 100 Packet Page -898-