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Agenda 09/15/2009 Item #16B 9 Agenda Item No. 16B9 September 15, 2009 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve an agreement for the acquisition of approximately 3.19 acres of property, and to accept a quitclaim deed for any interest held in a contiguous parcel of land containing approximately 3.49 acres from the Moon Lake Homeowners Association, Inc., to provide for construction of The Greenway Project (Project No. 60087.1) (Fiscal Impact: $34,950.00) OBJECTIVE: To obtain Board approval for the acquisition of property which is required for construction of The Greenway Project. (Project No. 60087.1) CONSIDERATIONS: The Greenway Project is a proposed 12 foot wide path running approximately 2.9 miles from Rattlesnake Hammock Road to Radio Road, to be designed for walking and biking. Current plans and funding for The Greenway Project do not contemplate landscaping, walls or other construction beyond establishing the pathway, and providing fencing along certain areas for safety purposes (such as adjacent to open water). Bollards will be placed at the intersections with roadways to limit vehicle access, except FPL maintenance vehicles and County mowing and maintenance vehicles. This Agreement with the Moon Lake Homeowners Association, Inc. is the final land acquisition or ownership approval needed to build the proj ect. To provide for the construction of The Greenway Project, Collier County is seeking to obtain a 3.19 acre tract of property owned by Moon Lake Homeowners Association, Inc. Additionally, the County is seeking a quitclaim deed from Moon Lake HOA for a tract of land containing approximately 3.49 acres to quiet possible title issues related to an easement already obtained by Collier County for The Greenway Project. Taken together, these tracts of property comprise the entire western border of the Moon Lake development, a planned unit development containing approximately 62 acres. The property to be acquired consists of a generally rectangular shaped tract approximately 110 feet by 1,297 feet (except for the area adjacent to the Moon Lake pool, which is 20 feet less wide, or 90 feet by 178 feet). Both tracts are encumbered by Florida Power and Light easements containing high voltage transmission lines. Due to the highly restrictive nature of the power and utility easements, there are very limited uses which would be permitted for this property. As such, the market value of the tract is relatively low. A discounted unit price of$IO,OOO per acre has been estimated, or approximately $31,900 for the 3.19 acre tract being acquired. In consideration for the conveyance of the subject property (and the quitclaim deed on the adjacent tract), and in lieu of payment for the land, an Agreement has been negotiated with the Moon Lake Homeowners Association whereby the County will provide additional fencing, vegetative planting, and gates along the frontage between The Greenway Project and the Moon Lake development. The combined cost of these construction changes approximates the estimated value of the tract to be acquired, consisting of approximately $29,000 for fencing, $1,900 for plantings, and $1,000 for gates and access control. FISCAL IMPACT: The total fiscal impact of $34,950 includes the $31,900 described above for gates, fencing and plantings, $3,000 for owner's legal fees and consultation, and recording Agenda Item No. 1669 September 15, 2009 Page 2 of 12 fees estimated at $50.00. The funds are available under previously budgeted Project No. 60087.1. GROWTH MANAGEMENT IMPACT: The proposed purchase is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi- judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote. RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Authorize the payment of all costs and expenses necessary to close the transaction and record the closing documents; 3. Authorize the County Manager or his designee to ensure the County's performance in accordance with the tenus and conditions of the Agreement; and 4. Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Paul Young, Senior Right-of-Way Acquisition Specialist, TECM Attachments: (I) Agreement; (2) Exhibit showing property location; (3) Exhibit showing property detail. ... ....0- .0- ......0-_ Agenda Item No. 16B9 September 15,2009 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16S9 Meeting Date: Recommendation to approve an agreement for the acquisition of approximately 3.19 acres of property, and to accept a quitclaim deed for any interest held in a contiguous parcel of land containing approximately 3.49 acres from the Moon Lake Homeowners Association, Inc., to provide for construction of the Greenway Project. (Project No. 60087.1) (Fiscal Impact: $34,95000) 9/15/20099:00:00 AM Prepared By Paul Young Property Acquisition Specialist Date Transportation Services TECM.ROW 8/24/20094:52:47 PM Approved By Dale A. Sathon, P.E. Prinicipal Project Manager Transportation Engineering and Construction Date Transportation Services 8/25/2009 8:28 AM Approved By Rookmin Nauth Management/Budget Analyst Date Transportation Services Transportation Engineering and Construction 8/26/2009 9:08 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 8/26/20094:16 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM.ROW 8/27/200912:05 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/27/20093:13 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 8/28/2009 9:55 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 8/28/2009 1 :51 PM Approved By .c.:l _ _ Iln_1 A ____ ...l_'T'__.....1 r'H__ __......1 1 ..., A ("1___.....____ L ___11/'"1"1 t: 01 '"1"'"1(\"('\\ 1 C O/'"I"f"Ir'\lI. TClr'lI. T'T'O/"f\ A f"Ir'lI. T A/A/"Al\A "- '""'6.......... v"- .... Agenda Item No. 16B9 September 15, 2009 Page 4 of 12 Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/28/2009 3:34 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 8/28/2009 3: 50 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1/200910:05 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 9/1/20095:26 PM .c::l _. /1,-.,.\ A ____ ..1_'T'__.LI T':'____ _.........\ 1 .., II co ___...___.1_ __.01 "'1\1 C 01 "'1\"'1\1\1\\ 1 C 01 '"\1\r'lr'I,1't. Te"T:.".T'T'OI "'n A r'lT':''lo.T n'nl'"\f'\1\1\ Agenda Item NO.1 89 September 15, 09 Page 5 12 PROJECT: FPL Greenway PARCEL No(s): Moon Lake FOLIO No(s): 60605500042,60605000102,60606000059, and 25891000647 AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2009, by and between MOON LAKE HOMEOWNERS ASSOCIATION, INC. a Florida non profit corporation, whose mailing address is CIO INTEGRATED PROPERTY MGMT., 3435 10th Street N., Naples, FI 34103, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to County parcels of land for a Greenway Trail and public purposes, described as: TRACT "B", MOON LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 14 AT PAGES 103 THRU 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EASTERLY TWENTY (20) FEET THEREOF, containing approximately 16,079.40 square feet, and TRACT "B", MOON LAKE UNIT TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 14 AT PAGES 122 and 123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, containing approximately 44,000.00 square feet, and PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AT BOOK 3737, PAGE 3809, and attached hereto as Exhibit "A", AS FLORIDA POWER & LIGHT RIGHT OF WAY EASEMENT, MOON LAKE UNIT THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 15 AT PAGES 74 and 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, containing approximately 78,982.2 square feet, and TRACT "B", CAYO COSTA UNIT TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 41 AT PAGES 66 AND 67 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, containing approximately 151,877.00 square feet, (Herein after collectively referred to as the "Property"); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to County for the stated purposes, on terms and conditions set forth herein, said terms including that no monetary compensation shall be due and payable for the Property requested by County, but certain specific items shall be incorporated into the plans and specifications for the proposed Greenway Project, including installation and maintenance of approximately 1,256 feet of six foot chain link fence, lockable gates and plantings more specifically described in Paragraph 10 herein; 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 REC IT ALS 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 Property to County under terms and conditions as stated herein, (said transaction hereinafter referred to as the "Closing"). Conveyance shall be made by quitclaim deed, without warranty of title, in "as-is-where-is" condition, in accordance with Exhibit "A", attached hereto and made a part hereof. Agenda Item NO.1 B9 e~ber15,2 09 Page 6 0 12 3. Prior to Closing, Owner shall use reasonable efforts to obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. 4. Due to the need to establish a schedule for completion of the proposed GREENWAY project, both Owner and County agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within ninety (gO) days from the date of execution of this Agreement by the County; provided; however, that County shall have the unilateral right to extend the term of this Agreement for a period of up to six (6) months pending receipt of such instruments, properly executed, which will either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 7. Owner shall convey the property in its "as-is, where-is" condition. Owner makes no warranties or representations regarding the condition of the Property or its suitability for the County's intended purpose. County has had an opportunity to perform its own investigations and due diligence with regard to all matters affecting the Property and hereby acknowledges acceptance of the Property in its current "as-is-where-is condition". 8. County shall pay for all costs of recording the conveyance instruments, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). County shall reimburse Owner at closing for reasonable attorney's fees incurred with Becker & Poliakoff, P.A. to review documentation and provide legal advice and counsel to Owner in this transaction in an amount not to exceed $3,000.00. g. County shall be responsible for mowing the Property, and shall construct removable bollards or other traffic restricting devices to restrict vehicular traffic, other than police vehicles, County maintenance and mowing equipment, and any Florida Power and light vehicles and/or equipment. 10. As part of the GREENWAY project, County shall install and maintain approximately 1,256 feet of six foot chain link fence along the eastern border of the Property in four segments consisting of approximately 332 feet, 752 feet, 160 feet, and 12 feet, in accordance with Exhibit "B", attached hereto and made a part hereof. Lockable gates shall be placed at Tract "L-1" as designated in MOON LAKE UNIT THREE, according to the plat thereof recorded in plat book 15 at pages 74 and 75; at Tract "L-3" as designated in CA YO COSTA, UNIT TWO, according to the plat thereof, recorded in plat book 41 at pages 66 and 67; and at the northeast end of Tract "B" as designated in CAYO COSTA, UNIT TWO, according to the plat thereof, recorded in plat book 41 at pages 66 and 67, at the intersection with Moon Lake Drive. The lockable gate at Moon Lake Drive shall be a twelve (12) foot wide rolling gate which can accommodate vehicular traffic. County shall install a pedestrian gate at Moon Lake Drive that will be outfitted with a lock and shall be keyed to match the Moon Lake pool key. County shall plant Confederate jasmine plants approximately three (3) gallons in size, or comparable vegetation, on eight foot centers along the 1,256 feet of fencing, and County shall provide initial watering only, with no requirement for continued irrigation. 11. Ordinance 86-80 recorded at Book 025 Page 208, et seq. in the Public Records of Collier County, Florida provides, among other requirements, for the project density of Naples Lakes to be no more than a maximum of 205 residential dwelling units. It is understood and agreed that this proposed conveyance of the Property to County shall in no way limit or alter any rights existing under this Planned Unit Development, including the right to rebuild or repair up to a maximum of 205 residential dwelling units in the event of damage or casualty loss of dwelling units at Naples Lakes. (Presently called Moon Lake). Agenda Item No. 1689 ~~ber 15, 2009 Page 7 of 12 1 12. 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. 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 14. 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 this_ day of , 2009. AS TO COUNTY: DATED: A nEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman AS TO OWNER: WITNESSES: MOON LAKE HOMEOWNERS ASSOCIATION, INC., a Florida no profit Corporation f. t:rf' ~- (Signature r B )Ci 5,2 I C STAf!..C. (Print Full Name) (!IfJll1LS f{( f2i<i (Print Full Name) f. -_J.{j Yl,-:~J\l, ,) jy<,,-'J'1J€',1/ (Signature) ~S( ~f.l)\ ~oCJI) J...it.ff.. t+ob'r, (Title) Y- i ,'Pi' ~. J If'!:'" (Print Full Name) Approved as to form and Legal sufficiency: Assistant County Attorney Agenda Item No. 16B9 September 15, 2 09 Page8012 PROJECT: FPL Greenway PARCEL: Whitehall FOLIO: a portion of 60605500042,6065000102, 6060600059, and 25891000647 QUITCLAIM DEED ,I 1( EXHIBIT r'\ Page....,L of..l- THIS QUITCLAIM DEED executed this _ day of ,2009 by MOON LAKE HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose mailing address is C/O INTEGRATED PROPERTY MGMT., 3435 10th Street N., Naples, FI 34103 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land situate, lying and being in Collier County, Florida, to wit: TRACT "B", MOON LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 14 AT PAGES 103 THRU 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EASTERLY TWENTY (20) FEET THEREOF, and TRACT "B", MOON LAKE UNIT TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 14 AT PAGES 122 and 123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, and PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AT BOOK 3737, PAGE 3809 AS FLORIDA POWER & LIGHT RIGHT OF WAY EASEMENT, MOON LAKE UNIT THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 15 AT PAGES 74 and 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, and TRACT "B", CAYO COSTA UNIT TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 41 AT PAGES 66 AND 67 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. Agenda Item No. 1669 September 15, 2009 Page 9 of 12 Grantor makes no warranty or representations concerning title to the property. WITNESSES: RS cT"~~ (Signature) ~frJe- 5/-<: Vi.-k (Print Full Name) C21{B.Q( E2. K1 !2.K... (Print Name) (Signa u ) (~l\.~ (Print Full Na e) ~'5't~ ALoou~ 1-bA- (Title) " EXHIBIT "f-\ Page ?-- of d- -- STATE OF COUNTY OF The foregoing Quitclaim Deed was acknowledged before me this _ day of 20~, by as of Moon Lake Homeowners Association, Inc. Who: is personally known to rne OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial! 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