Agenda 09/09-10/2008 Item #16B 1
EXECUTIVE SUMMARY SE :) q ?M
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Recommendation to approve an Easement Agreement for the purchase of a perpetual
road right-of-way, drainage, and utility easement which is required for the Vanderbilt
Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: Purchase
price of $64,680 plus recording and title insurance fees not to exceed $500)
OBJECTIVE: To obtain Board approval of an Easement Agreement for the purchase of a
perpetual, non-exclusive road right-of-way, drainage and utility easement which is required
for Phase II ofthe Vanderbilt Beach Road Extension Project (Project No. 60168).
CONSIDERATIONS: Collier County is seeking to obtain a 1.54 acre portion of a property
which is owned by Roberto and Xiomara N. Leon. The 5.15 acre parent parcel is unimproved
and located at 1071 16th Street N.E in Golden Gate Estates. The area needed for the required
easement is 67,063.5 square feet and encompasses the north 100 feet of Tract 125, Unit 17
and a smaller strip which horders the eastern property line.
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On February 27, 2007, Mr. Leon presented a public petition to the Board of County
Commissioners to express interest in having the County buy his entire property. Prior to that
day, in December of 2006, Mr. Leon had also met with Commissioner Coletta and various
Transportation staff including Jay Ahmad, Kevin Hendricks and Debbie Armstrong. Mr.
Leon was interested in selling the entire parcel because he was concerned that the Vanderbilt
Beach Road Extension would have a negative impact on the value of his property. After
presenting his petition at the meeting, Mr. Leon and the Board members were informed by Jay
Ahmad and Norman Feder that because the VBR Extension Project was still in the
preliminary design stages that they were unable, at that point in time, to determine exactly
how much land would be needed from the Leon property. It was stated that once the 60%
design plans became available in the Spring of 2008 that Transportation staff would be better
able to determine the appropriate right-of-way needs at that time. On May 27, 2008, an in-
house appraisal was done of the Leon's property. The appraiser reached a final value estimate
of $42,000 an acre based on recent sales of vacant Golden Gate Estates parcels in the
immediate vicinity of the Leon's property. On June 6, 2008, a purchase offer letter was
mailed to Mr. and Mrs. Leon offering to buy the perpetual, non-exclusive road right-of-way,
drainage and utility easement for $64,680. Mr. and Mrs. Leon have agreed to accept the offer.
FISCAL IMPACT: The fiscal impact is the purchase price of $64,680 plus recording and
title insurance fees not to exceed $500. The funds will be paid from 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.
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LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and is
legally sufficient for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize the Chairman to execute same
on behalf of the Board;
2. Accept the conveyance of Parcel l244RDUE (Road Right-of-Way, Drainage and Utility
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;
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: (I) Easement Agreement with Exhibit "A";
(2) Property Map
Project:
Parcel:
Folio:
60168 - Vanderbilt Beach Road Extension - Phase 2
1244RDUE
37448680000
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20_, by and between
ROBERTO LEON and XIOMARA N. LEON, husband and wife, whose mailing address is
9301 Sunrise Lakes Boulevard, Apt. 101, Sunrise, Florida 33322-2144 (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Pur<:haser requires a PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-
OF.WAY, DRAINAGE AND UTILITY 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 Purchaser for the stated
purposes, on the terms and condrtions set forth herein; and
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WHEREAS, Purchaser 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 Purchaser for the sum of $64,680.00 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, 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 Property, and to remove all sprinkler valves
and related electrical wiring, and all olher damages in connection with conveyance of
said Easement to Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor
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. Owner shall cause to
be delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents") on or before the date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and it r
execute and deliver this agreement and all other documen require to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
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4. Both Owner and Purchaser agree that time is of the essence of this Agreement and
that, therefore, Closing shall occur within ninety (90) days from the date of execution
of this Agreement by the Purchaser; provided, however, that Purchaser shall have
the unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
Easement. At Closing, payment shall be made to Owner in that amount shown on
the Closing Statement as "Net Cash to Seiler," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptabie to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser, 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") iocated
on the Property, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser 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 Property prior to
construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser 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) Purchaser'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 Purchaser has any rlght 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
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(e) There are no maintenance, construction, advertising, manageme t, leas~f ():,i ;'1'1:1:,
employment, service or other contracts affecting the Easement. Pg /l r
(I) Owner has no knowledge that there are any surts, 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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in lhis Agreement and on the understanding that
Owner will not cause the physical condrtion 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 omrt
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(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 Purchaser; that the Owner has no
knowledge of any spill or environmental law vioiation on the property
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
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
underiying 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 Purchaser against and
from, and reimburse the Purchaser wrth respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limrtation 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear @e,
all Easement recording fees, and any and all costs and/or fees associated wrth
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underiying 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 rts security interest or as consideration for
the execution of any release, subordination or satisfaction, 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. In accordance wrth the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation,
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10. This Agreement and the terms and provisions hereof shall be effective as of e date (p <>-(- 9
this Agreement is executed by both parties and shall inure to the benefit 0 . af10 nD
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.
11. 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, 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 Purchaser. (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.)
12. 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 Purchaser.
13. 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.
14. This Agreement is governed and construed in accordance with the laws of the State
of Fiorida.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
Deputy Clerk
AS TO OWNER:
DATED: -;/{}t7Jt?i
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Wiln s (Signature)
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Name (Print or Type)
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Witne (Signature)
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Name (Print or Type)
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itness (Srgnature)
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Approved as to form and
legal sufficiency:
Wright, Assistant County Attorney
Last Revised: 411/08
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400
LEON, ROBERTO &: XIOW>.AA N
OR 2n2/'207
PROPOSED L.5
RlGHT-OF-WAY
DRAINAGE & unUTY
EASEMEllT
67.063.5 SQUARE FEET
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TRACT '25
GOLDEN GATE ESTATES
UNIT 17 SOUTH UNE OF
PLAT BOOK 7 PAGE 5 TRACT 125
TRACT 126
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PROPOSED ROADWAY RIGHT OF WAY PARCEL
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE ~
UNE
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L2
L3
L4
L.5
L6
L7
lENlmI
630.2"
J30.2S'
15.00'
195.93'
48.53'
~."O'
100.00'
L 1 "" SEE LINE TABLE
OR.. OmCIAL RECORDS (BOOK/PAGE)
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LEGAL DESCRIPTION FOR PARCEL , 244 ROUE
A PORTlON OF TRACT 125, GOLDEN GATE ESTATES, UNIT 17 AS RECORDED IN PLAT BOOK 7. PAGE
5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYlNG IN SECTION 36, TOWNSHIP 48
SOUTH, RANGE 27 EAST, COLLIER COUNT'!', FLORIDA, BE1NG MORE PARTICUlARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 125;
THENCE N.89'31 'OrE., ALONG TI-iE NORTH LINE OF SAID TRACT 125, F'OR 630.21 FEET TO A POINT
ON THE WESTERLY LINE OF AN EXISTING ROADWAY EASEMENT AS SHOWN ON SAID GOLDEN GATE
ESTATES UNIT 17 PLAT;
THENCE AlONG THE WESTERLY UNE OF SAID EXISTING ROADWAY EASEMENT S.00"29'Z9-E., FOR
330.Z5 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 125;
THENCE S.89"31'Z5"W.. ALONG SAlD SOUTH LINE, FOR 15.00 FEET;
THENCE N.OCT29'29"W., FOR' 195.93 FEET;
THENCE N.45'2B'5D~W., FOR 48.~3 FEET;
THENCE 5.69"31 'O/W., FOR 580.90 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 125;
THENCE N.0<T29'3t'W" ALONG SAID WEST UNE, FOR 100.00 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL
CONTAINING 67063.5 SQUARE FEET OR 1.54 ACRES, MORE OR lESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES,
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120
FLORIOA ZONE EAST. ~
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SKETCH Ie DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCI.LE: 1....1ao.
FOR: COLJ.JER COUNTY GOVERNMENT BOARD OF COUNT'( COldMISSlONERS
VAND'ERBll..T BEACH ROAD EX'I'EN8ION
SKETCH Ie DESCRIPTION OIl': PROPOSED ROADWAY RlGHT OF
WAY, DRAINAGE AND U'1'ILITY EASEMENT
PARCEL 1244 RDUE
COllmR COUNTY. FLORID!
JOB NUl.lBER
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FILE NAME SHEET
SK1244RDUE 1 or ,
Property of Roberto and Xiomara Leo
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Folio Number: 37448680000
Name: LEON. ROBERTO & XIOMARA N.
Street # & Name: 1071 16TH ST NE
Legal Description: GOLDEN GATE EST UNIT 17, TRACT 125