Agenda 06/28/2022 Item #16C 1 (Utiltiy Easement w/Sunshine Princess House Corp.)06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve the conveyance of a Utility Easement with Sunshine Princess House
Corporation, a Florida for-profit corporation, to accommodate the installation and future
maintenance of a transmission water main. The estimated cost not to exceed $1,650. (Collier County
Water Sewer District Bond Fund (419))
OBJECTIVE: To acquire a Utility Easement from Sunshine Princess House Corporation, a Florida for
profit corporation, to install a transmission water main.
CONSIDERATIONS: Currently there is approximately 61% of Golden Gate City served by the
CCWSD (Collier County Water-Sewer District) regional water system, and approximately 39% serviced
by private wells.
This Utility Easement is located on 2400 44th St. and required for the installation of the transmission
system through the Golden Gate City.
Real Property Management’s in-house Real Estate Appraiser has determined the fair market value of the
easement to be $1,000. Sunshine Princess House Corporation, a Florida for profit corporation has agreed
to accept the appraised value for the easement. A copy of the appraisal is attached for reference.
The Easement Agreement has been reviewed and approved by the County Attorney’s Office. The location
map is attached for reference.
FISCAL IMPACT: The source of funding is CCWSD Bond Fund (419). The total cost of the
acquisition should not exceed $1,650 ($1,000 for the purchase price and $650 for a title commitment, title
policy, closing costs and recording of the documents).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - RTT
RECOMMENDATION: To
1. Approve the attached Easement Agreement.
2. Authorize the Chairman to execute the Easement Agreement and any additional closing
documents, and accept the Utility Easement, once approved by the County Attorney’s Office.
3. Authorize staff to prepare related vouchers and warrants for payment.
4. Direct the County Manager or his designee to proceed to acquire the Property and to follow all
appropriate closing procedures, to acquire and obtain clear title to the Property, and to record any
and all necessary documents (once approved by the County Attorney’s Office) in the Public
Records of Collier County, Florida.
Prepared By: Sonja Stephenson, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Easement Agreement (PDF)
2. Appraisal (PDF)
3. Location Map (PDF)
16.C.1
Packet Pg. 760
06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 22304
Item Summary: Recommendation to approve the conveyance of a Utility Easement with Sunshine
Princess House Corporation, a Florida for-profit corporation, to accommodate the installation and future
maintenance of a transmission water main. The estimated cost not to exceed $1,650. (Collier County
Water Sewer District Bond Fund (419))
Meeting Date: 06/28/2022
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Sonja Stephenson
05/19/2022 4:03 PM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
05/19/2022 4:03 PM
Approved By:
Review:
Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 05/19/2022 5:17 PM
Facilities Management Ed Finn Director - Facilities Completed 05/27/2022 6:24 PM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 05/31/2022 1:38 PM
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 06/07/2022 1:58 PM
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 06/07/2022 4:35 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 06/09/2022 6:13 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/10/2022 2:32 PM
County Attorney's Office Ronald Tomasko Additional Reviewer Completed 06/10/2022 2:34 PM
Public Utilities Department AmiaMarie Curry Level 2 Division Administrator Review Completed 06/13/2022 6:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2022 8:28 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/14/2022 9:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2022 10:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/18/2022 6:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
16.C.1
Packet Pg. 761
PROJECT
ADDRESS
FOLIO No:
Golden Gate City Transmission Water
Main lmprovements Design
2400 44'h St. SW
36561800001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter refened to as the "Agreement") is made
and entered into on this _ day of 2022, by and between
SUNSHINE PRINCESS HOUSE CORPORATION, a Florida for profit Corporation,
(hereinafter referred lo as "Ownea'), whose mailing address is, '17664 Holly Oak Ave.,
Ft. Myers, FL 33967, and the BOARO OF COUNTY COMMISSIONERS OF COLLIER
COUNW, FLORIDA, AS THE GOVERNING BODY OF COLI-IEE COUNTY AND AS
EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, (hereinafter referred to as "County"), whose post office address is
3335 Tamiami Trail East, Suite 101, Naples, FL 34112.
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive easement for utility purposes, including but not limited to the installation
of water main, operating, maintaining repairing over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached
hereto and made a part of this Agreement;
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:
Owner shall convey the Easement to County for the sum of One Thousand
Dollars ($1,000.00), payable by County Warrant (said transaction hereinafter
referred to as the "Closing"). Said payment shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Easement
to County.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualiflcations encumbering the Easement, the execution of such
instruments which will remove, release or subordinate such encumbrances from
2
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WHEREAS, Owner desires to convey the Property to County for the stated
purposes, on the terms and conditions set forth herein; and
1
16.C.1.a
Packet Pg. 762 Attachment: Easement Agreement (22304 : GGC Transmission Water Main Project)
Page 2
the Easement 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.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within one hundred and twenty (1 20) days from the date
County executes this Agreement; provided, however, that County shall have the
unilateral right to extend the lerm of this Agreement pending receipt of such
instruments, properly executed, which either remove, release or subordinate any
and all such liens, encumbrances or qualiflcations affecting County's enjoyment of
the Easement. At Closing, County shall deliver the County Warrant to Owner and
Owner shall deliver the conveyance instrument to County in a form acceptable to
County.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Owner represents that 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 lransferred 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
nolice and otheMise has no knowledge of: a) any spill on the property underlying
the Easementi 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 ti e.
4
6 Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damag6s, 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 flnes incurred
by or asserted against the County by reason or arising out of the breach of
owner's representation under section 5. This provision shall survive closing and
is not deemed satisfied by conveyance of title.
cho
16.C.1.a
Packet Pg. 763 Attachment: Easement Agreement (22304 : GGC Transmission Water Main Project)
7
Page 3
The County shall pay for all costs of recording the conveyance instrument in the
Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curalive instruments shall be borne and paid by
Owner. Owner 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 underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by County.
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
10.lf 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 addressof every person having a beneftcial interest ln the property underlying the
Easement before the Easement held in such capacity is conveyed to couniy, itssuccessors and assigns. (lf 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 glneral public, it is hereby exempt from theprovisions of Chapter 286, Florida Statutes.)
11 This Agreement is governed and construed in accordance with the laws of theState of Florida.
obo
9. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated abovei and the written
Agreement, including all exhibits attached hereto, shall constitute lhe 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.
16.C.1.a
Packet Pg. 764 Attachment: Easement Agreement (22304 : GGC Transmission Water Main Project)
Page 4
lN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of _,2022.
Date Easement acquisition approved by BCC:
AS TO COUNTY:
DATED:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
,Deputy Clerk
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
William L. McDaniel Jr., Chairman
Sunsh rincess House ration,
aF corpo
Luz V.its
DATED,
(Signature)
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Wtness re
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Name or Type)
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Packet Pg. 765 Attachment: Easement Agreement (22304 : GGC Transmission Water Main Project)
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Packet Pg. 766 Attachment: Easement Agreement (22304 : GGC Transmission Water Main Project)
Easement Appraisal Report
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16.C.1.b
Packet Pg. 767 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
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ITJ16.C.1.bPacket Pg. 770Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
Easement discussion and valuation
The proposed Utility Easemenlis a 24" water main to be install within the NW corner of
the subject property. The shaded area is 372sf +/- and have a nominal effect on the
subsurface rights and functionality of the subject property.
An easement gives a person, company, or government entity the right to use someone
else's real estate for a specific purpose.
Easement in Gross: An easement in gross is the most common type of easement. Utility
easements fall under this category. lf you have water, sewer, gas, phone, cable or
power lines on your property, the utility company might have an easement. Stormwater
drainage channels and flood culverts also are examples of gross easements.
The orooosed easement leoal description (attached separate paoe)
16.C.1.b
Packet Pg. 771 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
All of Naples Market Trends
6 $a-)t... t
14,s56 1629A t818:o3 l,Oos O.74t3.96t t4r.9rl ,D.2tt 17r.531 1a79.91A
12 MONTH NEW LISTING AND
C LOSED SALES
I2 MONTH AVERAGE
SALES PRICE
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2015 2016 2017 2018 2019 2020 2021
I a,e.age S.les e"ae
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SU MMARY
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werc dom 3.961. from 15,!67 to 14,566 T}|..v!,rg: rrler pricc wasup 22.231, from 1669,400 ro t8t8203. Ar of Octobcr 31,
2021, idcntory ltood.t l,0OS u,t;ti*hiL hontht of rlpp! w.r -74 rrorrthr.
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16.C.1.b
Packet Pg. 772 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
Property Owner: Sunshine Princess House Corp.
Easement Area: 372 +l-
Type of easement: underground utility / subsurface easement
EX: SMALL SUBSURFACE EASEMENT
EX: PIPELINES, SCENIC EASEMENTS
EX: PIPELINES, DRATNAGE EASEMENTS,
D(: OVERHEAD ELECTRIC, RAILROAOS,
Valuation matrix:
The matrix is used as a general guide in looking at the effect an easement may have on
the total bundle of rights.
Nominal fu ql use and !tilit),
EX: AIR RIGHTS, WATER OR SEWER LINE
SuEsurfa<e o. .ir &hts th.t haE mirirBl €ftct o{l uie & utlity
EX:CABLE LINES, \ryATER OR SEWER LINEs
Lo<ation ahng a propeaty line lo<atiirr acrott noi usable land area
EX: TELECOMMUNICAIION5, WATER, CAalr ururs
Edanc€d use by bdh owner & easenEnt holder
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16.C.1.b
Packet Pg. 773 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
Easement valuation
The easement valuation process, is to obtain the unit value (price per square feet),
multiplied by the easement area, and finally using the matrix for the percentage of
encumbrance.
Closed vacant land sales were used to obtain the square feet value.
36561 520006 sold 4121 for $12.48sf adjusted 5% for market results in $1 3.1Osf.
36515120009 sold 2121 for $08.48sf adjusted 7% for market results in $09.07sf.
36512280007 sold 1121 for $09.29sf adjusted 7% for market results in $09.94sf.
The average of the above adjusted square feet value is $10.70sf rounded to $1 1 .00sf.
The unit value used in the valuation will be $11.00sf.
Mathematically: The easement area 372sf +l x $1 1.00sf (unit value) x 25% (matrix) is $1,023
Rounded to $'t,000 dollars.
2400 44t' ST SW Naples, utility easement is estimated to be $1,000 dollars.
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16.C.1.b
Packet Pg. 774 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
Addendum
INTENDED USE: The intended use of this appraisal report is for the PUED/client to evaluate the
property that is the subject of this appraisal for a proposed utility easement.
INTENDED USER: The intended user of this appraisal report is the BCC/PUED
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a
competitive and open market under all condition's requisite to a fair sale, the buyer and seller,
each acting prudently, knowledgeably and assuming the price is not affected by undue
stimulus. lmplicit in this definition is the consummation of a sale as of a specified date and the
passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically
motivated; (2) both parties are well informed or well advised, and each acting in what he or she
considers his or her own best interesq (3) a reasonable time is allowed for exposure in the open
market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial
arrangements comparable thereto; and (5) the price represents the normal consideration for
the property sold unaffected by special or creative financing or sales concessions* granted by
anyone associated with the sale.
SCOPE OF WOR(: The scope of work for this appraisal is defined by the complexity of this
appraisal assignment and the reporting requirements of this appraisal report form, including
the following definition of market value, statement of assumptions and limiting conditions, and
certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of
the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect
each of the comparable sales from at least the street, (4) research, verify, and analyze data
from reliable public and/or private sources, and (5) report his or her analysis, opinions, and
conclusions in this appraisal report.
16.C.1.b
Packet Pg. 775 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraise/s certification in this report
is subject to the following assumptions and limiting conditions:
2. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs,
deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the
inspection of the sub.iect property or that he or she became aware of during the research
involved in performing this appraisal. Unless otherwise stated in this appraisal report, the
appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse
conditions of the property (such as, but not limited to, needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that
would make the property less valuable, and has assumed that there are no such conditions and
makes no guarantees or warranties, express or implied. The appraiser will not be responsible for
any such conditions that do exist or for any engineering or testing that might be required to
discover whether such conditions exist. Because the appraiser is not an expert in the field of
environmental hazards, this appraisal report must not be considered as an environmental
assessment of the property.
APPRAISER'S CERTIFICATION:
The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal
in accordance with the scope of work requirements stated in this appraisal report.
2. I performed a complete visual inspection ofthe interior and exterior areas ofthe subject property. I
reported the condition of the improvements in factual, speciflc terms. I identified and reported the
physical deficiencies that could affect the livability, soundness, or structural integrity of the property.
3. I performed this appraisal in accordance with the requirements of the uniform standards of
Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of
The Appraisal Foundation and that were in place at the time this appraisal report was prepared.
4. I developed my opinion of the market value of the real property that is the subject of this report
based on the sales comparison approach to value. I have adequate comparable market data to develop
a reliable sales comparison approach for this appraisal assignment. I further certiry that I considered the
1. The appraiserwill not be responsible formattersofa legal nature that affect either the property
being appraised or the title to it, except for information that he or she became aware of during
the research involved in performing this appraisal. The appraiser assumes that the title is good
and marketable and will not render any opinions about the title.
16.C.1.b
Packet Pg. 776 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject
property, any offering for sale of the sub.iect property in the twelve months prior to the effective date of
this appraisa l, and the prior sales of the subject property for a minimum of three years prior to the
effective date of this appraisal, unless otherwise indicated in this report.
5. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a
minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this
re po rt.
7. I have not knowingly withheld any significant information from this appraisal report and, to the best
of my knowledge, all statements and information in this appraisal report are true and correct. 16. I
stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and
conclusions, which are subject only to the assumptions and limiting condit;ons in this appraisal report.
8. I have no present or prospective interest in the property that is the subject of this report, and I have
no present or prospective personal interest or bias with respect to the participants in the transaction. I
did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal
report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of
either the prospective owners or occupants of the subject property or of the present owners or
occupants of the properties in the vicinity of the subject property or on any other basis prohibited by
law.
9. My employment and/or compensation for performing this appraisal or any future or anticipated
appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would
report (or present analysis supporting) a predetermined specific value, a predetermined minimum value,
a range or direction in value, a value that favors the cause of any party, or the attainment of a specific
result or occurrence of a specific subsequent event (such as approval of a pendlng mortgage loan
application).
10. I personally prepared all conclusions and opinions about the real estate that were set forth in this
appraisal report. lf I relied on significant real property appraisal assistance from any individual or
individuals in the performance of this appraisal or the preparation of this appraisal report, I have named
such individual(s) and disclosed the specific tasks performed in this appraisal report. lcertify that any
individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to
any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and lwill
take no responsibillty for it.
cost and income approaches to value but did not develop them, unless otherwise indicated in this
re port.
16.C.1.b
Packet Pg. 777 Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
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16.C.1.bPacket Pg. 778Attachment: Appraisal (22304 : GGC Transmission Water Main Project)
Location Map – Sunshine Princess House Corp.
2400 44th St. SW
Golden Gate City Transmission Water Main Improvements
/
16.C.1.c
Packet Pg. 779 Attachment: Location Map (22304 : GGC Transmission Water Main Project)