Agenda 12/10/2013 Item #16A16 12/10/2013 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a drainage,access and
maintenance easement required for the construction of storm water improvements known as
the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely
Area Stormwater Improvement Project. (Project No. 51101.) Estimated Fiscal Impact: $1,027.
OBJECTIVE: To purchase an easement required for construction of the "Crews Road, Cope Lane
and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement
Project. (The"Project.")
CONSIDERATIONS: Collier County wishes to purchase a drainage, access and maintenance
easement over the south 27 feet of two unimproved tracts of land owned by Falling Waters Master
Association, Inc. The proposed easement (Parcel 233DAME) abuts the north side of Crews Road,
just west of Santa Barbara Boulevard, and is needed to construct the Project. The attached easement
agreement provides for a purchase price of$1,000.00, which is also the appraised value of this 9,015
square foot parcel. Please refer to the attached appraisal report prepared by the Growth Management
Division's Review Appraiser,Harry Henderson, SRA.
FISCAL IMPACT: Funds in the amount of $1,027.00 will be paid from Stormwater Capital
Improvement Fund 325 under the Lely Area Stormwater Improvement Project No. 51101. Source of
funding is a transfer from the General Fund.
The acquisition of this right-of-way will not add any cost to the annual operating and maintenance
budget as the parcel will not be maintained before the Project is constructed. Operating and
maintenance costs for the Project will be considered when the construction contract is brought before
the Board for approval.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with 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. -ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached easement agreement and authorize its Chairwoman to execute same on
behalf of the Board;
2. Accept the conveyance of Parcel 233DAME to Collier County and authorize the County
Manager or his designee to record the conveyance instrument in the public records of Collier
County, Florida;
3. Authorize the payment of all costs and expenses 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: Robert Bosch, Right-of-Way Coordinator, Transportation Engineering
Attachments: (1)Easement Agreement with Exhibit"A"; (2)Location Map; (3)Appraisal Report.
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12/10/2013 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve an easement agreement for the purchase
of a drainage, access and maintenance easement required for the construction of storm water
improvements known as the "Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.)
Estimated Fiscal Impact: $1,027.
Meeting Date: 12/10/2013
Prepared By
Name: BoschRobert
Title: Right Of Way Coordinator,Transportation Engineerin
11/4/2013 3:39:46 PM
Approved By
Name: PutaansuuGary
Title:Project Manager,Principal,Transportation Engineer
Date: 11/12/2013 1:06:32 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/13/2013 9:54:51 AM
Name: GossardTravis
Title: Superintedent-Roads&Bridges,Transportation Eng
Date: 11/13/2013 2:17:10 PM
Name: Hendricks Kevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/13/2013 4:57:12 PM
Name: ShueGene
Date: 11/15/2013 10:45:58 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
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Date: 11/15/2013 1:44:25 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/15/2013 4:57:19 PM
Name: KearnsAllison
Date: 11/18/2013 12:25:03 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/19/2013 8:38:27 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/20/2013 2:25:29 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 11/20/2013 4:17:57 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 11/26/2013 12:38:43 PM
Name: OchsLeo
Title: County Manager
Date: 11/27/2013 10:52:32 AM
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12/10/2013 16.A.16.
PROJECT: LASIP No. 51101
PARCEL No: 233DAME
FOLIO Nos: 00404320001 &00406400000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2013, by and between
FALLING WATERS MASTER ASSOCIATION, INC., a Florida non profit corporation,
whose mailing address is 5495 Bryson Drive, Suite 412, Naples, FL 34109 (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 a perpetual, non-exclusive drainage, access and
maintenance easement over, under, upon and across the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement(hereinafter referred to as the
"Easement");and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein;and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. 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:
$1,000.00
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, including 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,
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.
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;
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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.
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., 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 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,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 salvage the 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.
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(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. 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
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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 unpaid as of the
date of Closing.
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.
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 GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
ROMP
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rage
AS TO OWNER:
DATED: !l/5113 FALLING WATERS MASTER
ASSOCIATION, INC, a Florida non profit
corporation
ness(Signs e) ED NEWMA , PRESIDENT
0 h-t to XY
Name(Print or Type)
D 2 M u kPhy
Witness(Signature)
Name(Print or Type)
Approved as to form and legality:
� • 11
Assistant County Attorney
Last Revised:6/3/2013
•
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EXHIBIT"A"
PROJECT NO. 51101 (LASIP)
PARCEL NO. 233DAME
NO*EXCLUSEVE FOLIO NOS. 00404320001 &
AMISS,DRAINAGE AND 00406400000
MAINISANCE EASEMENT
LEGAL DESCRIPTION&SKETCH
(NOT A SURVEY)
THE SOUTH 27 FEET OF THE WEST ONE HALF (W Y2) OF THE WEST ONE
HALF (W Y2) OF THE NORTHEAST ONE QUARTER (NE %) OF THE
SOUTHEAST ONE QUARTER (SE %) OF THE SOUTHEAST ONE QUARTER
(SE %) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALONG
WITH THE SOUTH 27 FEET OF THE EAST ONE HALF (E%) OF THE WEST
ONE HALF (W %) OF THE NORTHEAST ONE QUARTER (NE %) OF THE
SOUTHEAST ONE QUARTER (SE %) OF THE SOUTHEAST ONE QUARTER
(SE 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. (CONTAINING 9,015 SQ.FT.,MORE OR LESS)
FOLIO NO. FOLIO NO.
00404320001 00406400000
OR 4009/PG4015 OR 4009/PG4015
N
27 FEET
MigiMMI
TECM-ROW
MAY 2 0 2013
SKETCH NOT TO SCALE
Otekk
Collar County Growth Management Denson-Transportabon Engmeenng Deparanent 05120/13 326 PM
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LOCATION MAP - PARCEL 233DAME
CREWS RD, COPE LN., SANDY LN. /WING SOUTH INTERCONNECT
LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101
(Not to scale)
,f f k‘ t
' 1
j
1 J,
. : ::'4:4141, ,PARCEL 233DAME ' ilt:It' ,
•
,
sj33�6 i af
p ,. I
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SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVISION-ROW
PROJECT NAME:LASIP(Crews/Cope/Sandy)Project#51101 PARCEL NUMBER: 233DAME
PARENT TRACT SIZE:5 acres(2 tax parcels) OWNER'S NAME:Falling Waters Master Association Inc
00406400000
00404320001
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-8 50 26 W112 of NE114 of SE114 of SE114
SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED.
PROPERTY HISTORY:The subject property has not sold within the past 5 years.
PRESENT ZONING:PUD(Falling Waters,Preserve/Open Lands) FUTURE LAND USE:Urban Residential Subdistrict
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,economiclmarlcet trends)the maximally productive use of the subject property would be for preservelopen
land usage as called for in the Falling Waters PUD.This also reflects its current usage.
DESCRIPTION OF SUBJECT PROPERTY:The subject parent tract properties involves a vacant(wooded) site located on the north side of
Crews Road in the East Naples area just west of the Santa Barbara Boulevard extension.This tract has a total size of 5 acres.
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. N/A
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
N/A
Value Estimate,Parent Tract Land:No value as a stand-alone tract outside of the PUD Amok
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SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
Proposed Taking Parcel 233DAME:This is a permanent drainage,access and maintenance easement needed for LASIP related drainage
improvements in this area.The proposed easement is 27 feet wide and has a length of approximately 334 feet.Parcel 233DAME has an area
of 18,031 sf or.41 acres.There is no planted landscaping or site improvements in the easement 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:
NIA;parent tract lands have no market value as standalone lands apart from the greater PUD.The compensation due to property owner is
therefore estimated based on the cost for the property owner's review and approval of deed/title documents associated with the transfer of
the 233DAME lands.A nominal cost of$1000 is deemed reasonable for these tasks.A land compensation figure of$1000 is therefore
applicable.
Improvements:None
Damages/Cure:No damages or associated cures result from the proposed taking parcel.
SUMMARY OF VALUES:Parcel 233DAME
TOTAL LAND VALUE $1,000
TOTAL VALUE OF IMPROVEMENTS ....$0
Damages: $0
TOTAL COMPENSATION $1,000
LAST PROPERTY INSPECTION DATE: —7 iG I i- DATE OF VALUE: 7/It,CI
SIGNATURE OF APPRAISER:
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.
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SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
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 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.
/,& c_ (
Harty Henderson,SRA
Review Appraiser
Collier County,Florida
RD3475
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