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Agenda 12/09/2014 Item #16A17 12/9/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement required for the Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect segment of the Lely Area Stormwater Improvement Project(Project#51101). Estimated Fiscal Impact: $21,700. OBJECTIVE: To purchase a Drainage, Access and Maintenance Easement (hereinafter referred to as Parcel No. 238DAME) required for the construction of the Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect segment of the Lely Area Stormwater Improvement Project. CONSIDERATIONS: The required Parcel No. 238DAME contains a total of 19,615 square feet (0.45 acres), more or less, and is a 30 foot wide easement running along the southerly boundary of a 5 acre parcel (the parent tract) owned by Building Investment Corporation, a Florida corporation. The parent tract is located just to the east of Sunset Boulevard. Growth Management Division's Review Appraiser, Harry Henderson, SRA, estimated the current market value of the easement (including site improvements located thereon) to be $14,900. However, this appraisal does not account for the overall costs of obtaining the subject easement should the relationship between the Property Owner and Collier County become adversarial. The attached easement agreement reflects an amicably-negotiated settlement amount of $21,000. Had the relationship between the Property Owner and the County staff become adversarial, it is very likely that an attorney, an appraiser and other experts might have been brought in to manufacture additional claims; the property (Parcel 238DAME) 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. Staff is recommending that the Board of County Commissioners approve the accompanying agreement for the purchase of Parcel 238DAME. FISCAL IMPACT: Funds in the amount of $21,700 ($21,000 purchase price together with recording, title search and lender subordination fees of approximately $700) are available in LASIP Stormwater Capital Improvement Project 51101. Source of funds is Ad Valorem. Incremental maintenance costs for the entire project post-construction are estimated at $7,200 per year for mowing, garbage removal and other minor"as needed- maintenance of the area such as periodic inspections of drainage structures and cleaning. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board; Packet Page -1108- 12/9/2014 16.A.17. 2. Accept the conveyance of Parcel No. 238DAME and authorize the County Manager, or his designee, to record the conveyance instruments 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. Authorize any and all budget amendments required to carry out the collective will of the Board. Prepared by: Deborah Farris, GMD, Transportation Engineering, Senior Property Acquisition Specialist Attachments: I)Easement Agreement; 2) Location Map; and 3) Appraisal. Packet Page -1109- 12/9/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve an Easement Agreement required for the Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect segment of the Lely Area Stormwater Improvement Project (Project#51101). Estimated Fiscal Impact: $21,700. Meeting Date: 12/9/2014 Prepared By Name: FarrisDeborah Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management 11/6/2014 2:26:37 PM Submitted by Title:Property Acquisition Specialist, Senior, Transportation Engineering&Construction Management Name: FarrisDeborah 11/6/2014 2:26:3 8 PM Approved By Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 11/12/2014 3:59:05 PM Name: PutaansuuGary Title:Project Manager,Principal, Transportation Engineering& Construction Management Date: 11/13/2014 8:03:04 AM Name: DelateJoseph Title: Project Manager, Senior, Transportation Engineering&Construction Management Date: 11/13/2014 11:12:09 AM Name: CoxShane Title: Project Manager, Senior, Road Maintenance Date: 11/14/2014 2:12:33 PM Packet Page -1110- 12/9/2014 16.A.17. Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 11/17/2014 8:54:45 AM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 11/17/2014 10:33:24 AM Name: AhmadJay Title: Director-Transportation Engineering, Transportation Engineering&Construction Management Date: 11/18/2014 1:41:58 PM Name: KearnsAllison Title: Manager Financial &Operational Support, Transport Date: 11/20/2014 2:00:35 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administration Date: 11/20/2014 2:00:44 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/24/2014 2:41:59 PM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 11/25/2014 9:42:21 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/25/2014 10:45:46 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 12/1/2014 1:40:46 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 12/1/2014 2:03:17 PM Packet Page -1111- 12/9/2014 16.A.17. PROJECT: LASIP 081101/Crews,Cope,Sandy Lane PARCEL No: 23BDAME FOLIO No: Portion of 00409080003 EAlSEMF_NT AGREEMENT . THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Apeement") is made and entered into on this_day of .20 , by and between BUILDING INVESTMENT CORPORATION,a Florida corporation,whoa,mating address is 3183 Gifford Lane,Coconut Grove,Florida 33133(hereinafter refereed to as'Owner"), and COWER COUNTY,a political subdivision of the State of Florida,whose mating address is 3299 Tamhml Trail East do the Office of the County Attorney,Suits 800, Naples,Florida 34112(hereinafter referred to as"Comity). WHEREAS, County requires a perpetual, non-exdudve drainage, access and maintenance easement over,under,upon and across the lands described in Exhibit'A', which is attached hereto and made a pert 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 (510.00),and other good and valuable consideration,the receipt end sufficiency of which is hereby mutually adarov4edged.t is agreed by and between the parties as follows: 1. Al of the above RECITALS are true and correct end are hereby expressly Incorporated herein by reference as If set forth fully below,end all Exhibits referenced herein are made a part of this Agreement. 2: Owner shall convey the Easement to County for the sum of $21,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the"Closing"). Said payment to Owner,payable by County Warrant or funds wire transfer,shall be full compensation for the Easement conveyed,indudirp all landscaping,bees,shrubs, improvements,and fixtures boated thereon.and shall be In full and Aral settlement of any damages resulting to Owners remaining lards,costs to cure,Inducting but not Pitted to the cost to relocate the existing irrigation system and other improvements, and the cost to cut end cap irrigation lines extending Into the Easement,and to remove all sprinkler valves end related electrical wiring,and all other damages In connection with conveyance of said Easement to County, including all atiomeys' 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 inetnansrb which will remove, raease or eubordhate 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 end instruments properly executed,witnessed,end notarized where required,in a form acceptable to County(hereinafter referred to as'Cioei o Documents": (a)Perpetual,non-exclusive Drainage,Access and Maintenance Easement Packet Page -1112- 12/9/2014 16.A.17. Page 2 (b)Instruments required to remove, release or subordimae any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c)Closing Statement (d)Grantor's Non-Foreign,TOgayer Identification and'Gep'Affidavit (a)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 wenn ninety(90)days of the dab of execution of this Agreement or within thirty (30)days of County's receipt of all Closing Documents,whichever is the tster. This agreement shall remain In full force and effect until Closing shall occur,umtd and unless B 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 Seder.' 5. Owner agrees to relocate any existing irrigation system located on the Easement hnduding Inigauon lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the Irrigation system on the remainder property and Its performance after relocation. Owner holds County Mumbles for any and at possible damage to the Irrigation system In the event owner fads to relocate the irrigation system prior to construction of the project. If Owner elects to retain Improvements end/or landscaping(Improvements"located on the Easement,the 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 the Improvements and yet County is willing to permit Owner to ere wage the Improvements as long as their retrieval Is performed before construction and without Interruption or Inconvenience to the County's contractor. At Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shad survive Closing and is not deemed satisfied by conveyance of title. B. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement N made known to them or they are requested to do so,whichever is the earlier. 7. Owner agrees,represents and warrants the folowing: (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 pan 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. ! CA Packet Page-1113- 12/9/2014 16.A.17. Page s (d)Until the date fixed for Cimino,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,conetnbtion,advertising,management,leasing, employment service or other contracts effecting the Easement (1) Owner has no knowledge that there are any suto,actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal,existing or pending or tneehsred which affect the Easement or which adversely affect Owner's ability to perform hereunder:nor is there any ether charge or expense upon or related to the Easement which has not been disclosed to County In writing prior to the effective dale of this Agreement. (g)County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding the Owner will not came the physical condition of the properly underlying the Easement to change from is existing state on the effective date of thle Agreement up to and including the date of Closing. Therefore,Owner agrees not to enter into any contracts or agreements pertaining to or effecting the property dying 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 end 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 spit or environmental law violation an the property contiguous to or In to vicinity of the Easement to be said 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 e) any lawsuit, proceeding or investigation repenting the generation, storage,treatment spit or transfer of hazardous substances on the property underlying the Easement This provision shell 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,chins,liabiltiee, 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 meson or arising out of the breech of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satsned by conveyance of title. 9. County shall pay all fees to record any curative Instruments required to dear tile,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 properly underlying the Easement provided, however, that any apportionment and dlstrbuton of the full compensation amount in Paragraph 2 which may be required by any mortgagee,Den- 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, shalt be the responsibility of the Owner,and shall be deducted on the Closing Statement from the Packet Page -1114- 12/9/2014 16.A.17. Paps 4 compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes'reasonable processing fees.' 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain repaid as of the data of Closing. 11. This Agreement and the terns and provisions hereof shall be affective 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 helm, 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 torn 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 288, Fkxids 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(orpaetton 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 provfaions of Chapter 288,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 canterrporaneoue 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 shell 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. • IN WITNESS WHEREOF,the parties hereto have executed tide 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 Clark Torn Herring.Chairman A l Packet Page -1115- 12/9/2014 16.A.17. Page 5 AS TO OWNER: DATED: -D / BUILDING INVESTMENT CORPORATION a Fonda corporation • (Signature) IFFINTITT,' ant dirk. • •., Name P or Type) Approved as to form and legality: Emily Pepin Assistant County Atto y 0 Packet Page-1116- 12/9/2014 16.A.17. PROJECT: LAS!P#51101/Crewa,Cope,Sandy Lane PARCEL NO: 238DAME FOLIO NO: 00408060003(Parent Tract) j.Et3At.DESCRIPTION (NOTA SURVEY) The South 30 feet of the Southeast Quarter(SE Y)of the Southwest Quarter (SW%)of the Southwest Quarter(SW' )of Section 9,Township 50 South, Range 28 East,Collier County,Florida. • EXHIBIT'A" Page 1 of 1 Cdr C..q eft*+rne0.n.n Mom-TreerYfr.evh.0.4 divelrert 10914 TM PIA Cq Packet Page -1117- 12/9/2014 16.A.17. LOCATION MAP (Not to Scale) LASIP Project 51101/Crews, Cope, Sandy Lane Parcel 238DAME r t t :� Proposed �r 7 _ . , n x ,- 30 foot } Easement I 6 '•' Y { �T `�` t �T t 1 a 1' • l. r • t 1/Vii • 'v. f ' WtiItAGR&" f " { t Y' .yk.= Packet Page -1118- 12/9/2014 16.A.17. SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT PROJECT NAME:LASIP(Crews/Cope/Sandy) PARCEL NUMBER:238DAME PARENT TRACT SIZE:5 acres OWNER'S NAME:Building Investment Corp 3080 Sunset Blvd,Naples,FL Tax Folio:00409080003 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 taking therefrom for public purposes. 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:Parent Tract-9 50 26 5112 of SE114 of SW1/4 of SW1/4 5 acres OR 1320 PG 1301 SEE ATTACHED LEGAL DESCRIPTION PROPERTY HISTORY:The subject property last sold in June 2005 for$400,000. The subject parent tract is currently offered for sale with an asking price of$300,000(listed since 2/21/12;price is above current market levels for the area). PRESENT ZONING:A-Agricultural FUTURE LAND USE:Residential - I HIGHEST AND BEST USE:Based upon an analysis of the subject property and its environs(with consideration given to zoning,physical aspects of the subject property,economic/market trends)the maximally productive use of the subject property would be for residential development to a density as allowed by zoning. DESCRIPTION OF SUBJECT PROPERTY:The subject parent tract is located on the east side of Sunset Boulevard north of Whitaker Rd. The subject property is unimproved.(Wire fencing may be located in a portion of the take area.) DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:The Following Sales are used to estimate the value of the subject property lands using the Sales Comparison Approach: 1. 3855 Cope Lane,Naples Sale Price:$$225,000 Sale Date:10112 2. 2750 Sunset Blvd,Naples Sale Price:$95,000 Sale Date:11112 3. 2826 Sunset Blvd,Naples Sale Price:$115,000 Sale Date:1111 DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale#1 is an"Estates"zoned 4.77 acre tract which is improved with a relatively modest residence(34 yrs old)and outbuilding.The Packet Page -1119- 12/9/2014 16.A.17. SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT estimated contributory values of these improvements are$70,000.As such, the contributory value of the land component allocation comes to$155,000.The indicated underlying unit price for the land is therefore$32,500 1acre(rounded). Sale#2 is an A-Agriculture zoned 4.77 acre parcel located on the east side of Sunset Boulevard in East Naples.This is an unimproved wooded tract.its recent sale at$95,000 reflects an indicated unit price of 520,000/acre(rounded). Sale#3 is an A-Agriculture zoned 5 acre parcel located on the east side of Sunset Boulevard in East Naples.This is an unimproved wooded tract.Its recent sale at$115,000 reflects an indicated unit price of 523,000/acre. In comparison with the subject,most weight is given to comp#1 which is most similar to the subject with respect to future land use/similar zoning and specific location within the general area.A unit price of$32,500/acre is therefore selected as most reasonable for the subject lands. Value Estimate,Parent Tract Land:5 acres x$32,500/acre=$162,500 Proposed Taking Parcel,238DAME:This is a permanent drainage,access and maintenance easement needed for LASIP related drainage improvements in this area.The proposed easement is 30 feet wide located along the subject parent tract's southern property line.It has a length of roughly 654 ft and a total area of 19,615 sf or.45 acres.Wire fencing may be located in a portion of the take area. The proposed drainage easement uses represent an encumbrance factor of 95%of the full fee simple interest.The easement area compensation is therefore valued as follows: $32,5001acre x 95%x.45 acre area=$13.900(rounded). Improvements:$1,000 allowance for any minor site improvements located within the take area. Damages/Cure:No damages or associated cures result from the proposed taking parcel.The remainder lands are unaffected by this proposed easement parcel. SUMMARY OF VALUES:Parcel 238DAME j TOTAL LAND VALUE $13,900 TOTAL VALUE OF IMPROVEMENTS ....$1,000 Damages: $0 TOTAL COMPENSATION $14,900 Page 2 Packet Page-1120- 12/9/2014 16.A.17. I � SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT LAST PROPERTY INSPECTION DATE: DATE OF VALUE: lf SIGNATURE OF APPRAISER: I -- j APPRAISER'S NAME: have not previousy 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 1 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 the 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 significant assistance in developing the analyses.assumptions and conclusions contained in this report. If Harry Henderson.SRA Review Appraiser Collier County, Florida KD3475 Page 3 Packet Page -1121- 12/9/2014 16.A.17. PROJECT: LASIP#51101/Crews, Cope, Sandy Lane PARCEL NO: 238DAME FOLIO NO: 00409080003 (Parent Tract) LEGAL DESCRIPTION (NOT A SURVEY) The South 30 feet of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW %) of the Southwest Quarter (SW 1/4) of Section 9, Township 50 South, Range 26 East, Collier County, Florida. EXHIBIT "A" Page 1 of 1 Packet Page -1122- ...