Agenda 07/22/2008 Item #16B 9Agenda Item No. 16B9
July 22, 2008
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to approve an Agreement to construct a turn lane for The Rock
Christian Church in exchange for the donation of property required for the Collier
Boulevard expansion project. Project No. 68056 (Fiscal Impact: recording fees not to
exceed $100)
OBJECTIVE: To obtain Board approval of an Agreement to construct a right turn lane into
the owner's property from southbound Collier Boulevard (CR 951) in exchange for the
donation of a parcel of road right -of -way in fee simple and a temporary construction easement
for the Collier Boulevard expansion project from Green Boulevard to Golden Gate Boulevard
(Project No. 68056).
CONSIDERATIONS: Collier County is seeking to obtain a fee simple parcel of right -of-
way and a temporary construction easement from Iglesia Cristiana La Roca, Inc., a Florida
not - for -profit corporation (The Rock Christian Church). The parent tract of land is described
as Golden Gate Estates Unit 1, Tract 113, and is located on the west side of Collier Boulevard
between 3rd Avenue S.W. and 5d' Avenue S.W.
In conjunction with the proposed expansion of the church and the corresponding increase in
projected traffic volumes, the church is being required to install a right turn into the site along
Collier Boulevard. Rather than pay for the turn lane as part of its proposed expansion project,
the church has elected to donate the right -of -way and the three year temporary construction
easement in exchange for the County constructing the turn lane as part of its roadway
expansion project. Using the County's projected unit costs for turn lane construction (which
are far less than the church's unit costs), it is estimated that the turn lane will cost Collier
County $70,113; whereas, the appraised value of the required right -of -way and temporary
construction easement is $99,500.
FISCAL IMPACT: The fiscal impact is limited to recording fees which will not exceed
$100. The recording fees will be funded by gas taxes and/or impact fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Purchase Agreement has been approved as to form and
legal sufficiency. ETC.
RECOMMENDATION: That the Board of County Commissioners of Collier County
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of
the Board;
2. Accept the conveyance of Parcel 160FEE via Warranty Deed and Parcel 160TCE via
Temporary Construction Easement, and authorize staff 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;
Agenda Item No. 1689
July 22, 2008
Page 2 of 11
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: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering
& Construction Management
Attachments: (1) Legal Description of Parcels 160FEE and 160TCE as Exhibit "A'; (2)
Pages from Collier Blvd. Project No. 68056 Plans & Cross Sections as Exhibit `B'; (3)
Agreement as Exhibit "C"; and (4) Property Location Map as Exhibit "D"
Page 1 of 2
Agenda Item No. 16139
July 22, 2008
Page 3 of 11
file: / /C:\AgendaTest\ Export\111 -July %2022% 202008 \16 %2000NSENT %20AGENDA \1... 7/15/2008,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1689
Item Summary:
Recommendation to approve an Agreement to construct
a turn lane for The Rock Christian
Church in exchange for the donation of property required
for the Collier Boulevard expansion
project. Project No. 68056. (FISCAL IMPACT: recording
fees not to exceed $100)
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Rebecca Harding
Property Acquisition Specialist
Date
Transportation
Transportation ECM
712/2008 3:33:17 PM
Approved By
Marlene Messam
Senior Project Manager
Date
Transportation Engineering &
Transportation Services
Construction Management
7/2/2006 4:18 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
7/3/2008 10:16 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/6/2008 9:23 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/7/2008 1:45 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
7/7/2008 2:28 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/7/2008 4:47 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/7/2008 5:06 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
718/2008 11:21 AM
file: / /C:\AgendaTest\ Export\111 -July %2022% 202008 \16 %2000NSENT %20AGENDA \1... 7/15/2008,
Page 2 of 2
Agenda Item No. 1689
July 22, 2008
Page 4 of 11
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/8/2008 11:37 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
718/2008 5:40 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/9/2008 12:11 PM
file: / /C:AAgendaTest \Export\ 1 I 1 -July% 2022,% 202008\ 16 %2000NSENT %20AGENDA \l ... 7/1 5/2008
nda Item No 16B9
ly 2a 2008
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OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
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RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP
49 SOUTH. R1,NGE ;S EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
TRACT 112
THE EAST 35 FEET OF SAID TRACT 113.
CONTAINING 11.550 SQUARE FEET, MORE OR LESS.
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SKETCH k DESCRIPTION ONLY
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PROPOSED TEMPORARY
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FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
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CONSTRUCTION EASEMENT
SEET H 8D DESCRIPTION OF: PROPOSED RIGHT OF WAY
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TRACT 113
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IGLESIA CHRISTIANA U
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LEGAL DESCRIPDON FOR PARCEL
160FEE
A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT B0011((/4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP
49 SOUTH. R1,NGE ;S EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF SAID TRACT 113.
CONTAINING 11.550 SQUARE FEET, MORE OR LESS.
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PROPOSED TEMPORARY
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GOLDEN GATE ESTATES 100- wIDE 100• WIDE
UNIT 1 PER PLAT PER PLAT
PLAT BOOK 4, PAGE 73
IGLESIA CHRISMNA
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OR = OFFICIAL RECORDS (BOOK /PAGE) TEMPORARY
PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT
PROPOSED RIGHT OF WAY DURATION 3 YEARS.
®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 16OTCE
A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 113.
CONTAINING 1,650 SQUARE FEET, MORE OR LESS. I /, /T /9/lDJ ro��y/97
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Agenda Item No. 16B9
July 22, X008
Page 9 oil
PROJECT: 68056 EXI' Tarr " L
PARCEL No(s): 160FEE, 160TCE PW 1 of—L6.
FOLIO No(s): 36617680007
AGREEMENT
THIS AGREEMENT hereinafter re ed to as the "Agreement ") is made and
entered into on this . ` day of _ 260Z by and between
IGLESIA CRISTIANA LA ROCA, INC., Florida not - for - profit corporation, whose
mailing address is 1055 County Road 951, Naples, Florida 34119 (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, Owner is the record title owner of certain lands located in Collier
County, more particularly described in Exhibit "A ", attached hereto and incorporated
herein by reference; and
WHEREAS, County has requested that Owner convey to the County a Fee
Simple interest in Parcel 160FEE and a Temporary Construction Easement in Parcel
160TCE, over, under, upon and across the lands described in Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter collectively referred to as the
"Property"); and
WHEREAS, Owner is willing to convey the Property to County in exchange for
construction of a turn lane from Collier Boulevard (CR 951), as depicted in the roadway
plans labeled Exhibit "B ", attached hereto and incorporated herein by reference; and
WHEREAS, Owner recognizes the benefit to Owner of having County construct
said turn lane, and desires to convey the Property to the County for the stated
purposes, on the terms and conditions set forth herein, said terms including that no
compensation shall be due and payable for the Property requested by County.
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 Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed easement instrument) is hereinafter
referred to as the "Closing."
3. Prior to Closing, Owner shall 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. Owner shall
provide such instruments, properly executed, to County on or before the date of
Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Property.
EMIBR Agenda Item No. 16B9
pap.����Z Page 100008
5. County shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and /or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement.
6. As a part of its Collier Boulevard six - laning project between Green Boulevard and
Golden Gate Boulevard (Project No. 68056), County shall construct a turn lane
from Collier Boulevard (CR 951) serving Owners property, as depicted in the
roadway plans labeled Exhibit "B."
7. 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.
8. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
9. 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNF'rR:
DATED: (I jIIOS
Wl ss (Signatu r'O�"-
;-V�u k�_
Name (Print or Type)
Witness (Signature)
Name (Print or Typbi
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
App oved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
last Revised: 8/9/07
IGLESIA CRISTIANA LA ROCA, INC.,
a Florida not - for - profit corporation
%ilyc�yr� t�wuZr -Gem
( PrinJnt Full Name)
5 At-
(Print Corporate Title)
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