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Agenda 09/09-10/2008 Item #16B 9 AGENDA ITEM No, .""1- ,-"" - f.)0] ':I/n/eE PSI SEP 0, 700~ lp Iv+1f1 EXECUTIVE SUMMAR g~~;-=---::~ 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 11 (Fiscal Impact: Purchase price of $64,680 plus recording and title insurauce 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 of the 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 borders the eastern property line. 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 thc 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 ofthe 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. ., ! ' i '., e.,'-1 1(0 v ~~;/c; I DB {}i:1.- 1,- . ,~::NOA '::; I ,I Pg~~ <,{ ~ .-==-~ :~---------=::.....-, 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: (1) Easement Agreement with Exhibit "A"; (2) Property Map I N~~ENDA ITEi1Jl' "'j \::\y:J, _ C,,~ ',,__ t ." ,_ _ 1''''- ~ -..., '(~~ 0, f S,EP;, ," iii',' I VI iLIIIU<'--' !0:9- 1~~f 9' P "I "), <",co'~'==-'1 ','--' ,,~,' ~-' ..", 1./ I I Project: Parcel: Folio: 60168 ~ Vanderbilt Beach Road Extension - Phase 2 1244RDUE 37448680000 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, Purchaser 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 conditions set forth herein: and 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 eiectrical wiring, and all other 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 rtems 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 AGENDA ITE --. " fi' No.__ i"~ / 0r)LI 'l!:g~r:'l ::/rt ,1.11 cj'!c/b ..,~__ r~\ il F,J ~\ (e) 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 Purchaser, Purchaser's counsel and/or title company, 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 Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable 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") located 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 right 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. AGENDA ITE~'-~' ," No. I, I! i (-,~I IV)",. . SEP ',':' "I'/e" (~"j':O Ii lUlll ~.'.' ..~ "I I l..'.. tp!L~.2:;t7=C_i . P~}::' I (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (I) 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 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 this Agreement and on the understanding that Owner will not cause the physicai 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 underiying 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 Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federai, 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 violation 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 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 Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabiiities, 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 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 title, all Easement recording fees, and any and all costs andlor fees associated with securing and recording 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 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 with 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, unJess the Easement is acquired under threat of condemnation, IN' . --.....'" , , CI~I I ,~[~(/);J~ ,ir ~~~ , ',. -' p"\ \Y' 10, 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. 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 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman Deputy Clerk L__'_n_'_ ______ AS TO OWNER: DATED: '1/~/{)i IrLF~'~ Witn s (Signature) HItGDIt-C- ikMkJt6 Name (Print or Type) .>- J.1?td(!~a -:fl!t.wl<. Name (Print or Type) .s;e.. 7h~t'v t.. !Iau~ Witne (Signature) If Iih& DIf e. if,,<<1/( I~ Name (Print or Type) '~jl ~.4 itness (SfQnature) t&tro/lMt!.e. 1. fI1tw. Name (Print or Type)S.... Approved as to form and legal sufficiency: BY: Jef Wright, Assistant County Attomey last Revised: 4/1108 ,~G~NDAITEM /: SEr' ,'" II'c: I pro _' o-FY ,. t:r==c-_--=_~=.=-c -- ,~- --- -----'-- 4~~ =~~vn/ , ..}, .. y.......l--' I to It.,,)-' /"\. 1;"', i". a G1 /'1/vo e9 ({) 400 405 407 40. lG6C, nl(,11Cx~ r:xl1 k_ l'll II ~I PROPOSED RIGHT-Of-WAY DRAINAGE &: UTIUN EASEMENT 67,063.5 SCUARl:: F'EET g SEP 4'~fi ) ~-" L..f:ON. ROBERTO &. XIOMARA N OR 2n2/12ff7 TRACT 125 GOLDEN GATE ESTATES UNrr 17 SOUTH UNE OF PLAT BOOK 7 PAGE 5 TRACT 125 TRACT 126 N W+E s UNE TASLE BEARING 31'OT SOO" 9' 3 '2~W NOO' '29"w ~ '5(fw l' W LENGTH 630.21' 33Q.2S' 15.00' 195.93' 48.53' 5BO.90' 100.00' L' "" SEE LINE TABLE OR... OFFICIAL RECORDS (BOOK/PAGE) UNE L1 12 1.3 L4 L.5 L6 L7 ~ IZZJ PROPOSED ROADWAY RIGHT OF WAY PARCEL EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PtAT BOOK 7, PAGE 5 LECA1.. DESCRIPTION FOR PARCEL , 244 ROUE A PORTION OF TRACT 125, GOLDEN GATE ESTATES. UNIT 17 AS RECORDED IN PLAT BOOK 7, PAGE 5 OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COlliER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A.T THE NORTHWEST CORNER OF SAID TRACT 125; THENCE N.89'31 '07" E., ALONG THE NORTH LINE OF SAID TRACT 125, FOR 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"29'29-E., FOR 330.25 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 1 25: THENCE S.89"31'2SnW.. ALONG SAID SOUTH LINE. FOR 15.00 FEET; THENCE N.OU29'29.W., FOR 195.93 FEET; THENCE N.4S'2S'ScrW., FOR 48.53 FEETi THENCE S.89".31'OrW.. FOR 580.90 FEET" TO A POINT ON THE WEST UNE OF SAID TRACT 125: THENCE N.00"29'32'"W.. ALONG SAID WEST UNE, FOR 100.00 FEET TO THE POINT or BEGINNING OF THE HEREIN DESCRIBED PARCEl. CONTAINING 67063.5 SQUARE FEET OR 1.54 ACRES. MORE OR lESS. 8EARINGS ARE BASED ON STATE PlANE COORDINATES, DO flORIDA ZONE EAST, ~ 240 ~A.WAIlll.~LUClSUllYt'l'OR ..... =?Jfi::r::" ". "'" "OT~~O~!~RMSED~WALor "FLOIlIDl'.IIECISfERED~SUIIWE'lOItANDr.IAI"PQ. ,.. SKETCH &:: DESCRIPTION ONLY NOT A BOUNDARY SURVEY st:A.LE: 1.-120' FOR: COWER COUN1Y GOVERNMENT BOARD Of COUNlY COMMISSIONERS VANDBRBILT BEACH ROAD EXTENSlON SIO;TCH Ie DESCRIPTION OF: PROPOSED ROADWAY RIGHT OF WAY, DRAINAGE AND UTIU'l'Y EASEMENT PARCEL 1244 RDUE COWER COUNTY, FLoRmA JOB NUk(BEJf ~CTION 000 1 19.01.00 0001 36 DllTft. ""==... ~\. ~4AAxw. IIe'IOWilllWhrk~Sun.2DCl .....RGrIdaM101 1'tIan.:CZW/!lt7..o57&FAX:lDD)IICI7457S lJ!;Nlt.:_ FILE NAME SHEET' SK1244RDlJE Or 1 AGENDA ITEil;l No. SEP' ~7;""'; ': __ 00 '., f'g~L"",",=--=--__, Property of Roberto and Xiomara Leon Folio Number: 37448680000 Name: LEON, ROBERTO & XIOMARA N, Street # & Name: 1071 16TH ST NE Legal Description: GOLDEN GATE EST UNIT 17, TRACT 125 \ to E/1 Cj ICi )08 pc:1,8 ;,~-)