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Agenda 10/08/2024 Item #16B 5 (Purchase of drainage easement required for West Goodlette-Frank Rd. Area Stormwater Improvement Project)10/8/2024 Item # 16.B.5 ID# 2024-904 Executive Summary Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 153DE) required for the West Goodlette-Frank Road Area Stormwater Improvement Project Phase 2 (Project No. 60142). Estimated Fiscal Impact: $5,875. OBJECTIVE: To acquire a drainage easement needed for the West Goodlette-Frank Road Area Stormwater Improvement Project Phase 2 60142 (the “Project”), which will provide a central collection system, upgrade the potable water infrastructure in the area, and provide stormwater drainage improvements. CONSIDERATIONS: Collier County is seeking to purchase a drainage easement (Parcel 153DE) needed for the Project. The improved parent tract is located along the west side of 14th Street North and is owned by Karin L. Vetter, Trustee of the Matthew Vetter Trust dated July 16, 2009. Parcel 153DE is 249 square feet in extent, is an irregular polygon in shape, and is located on the west side of the parent tract. The attached appraisal report summary prepared by RKL Appraisal and Consulting, dated February 8, 2023, estimates the full compensation amount for Parcel 153DE to be $3,500. The attached Purchase and Sale Agreement reflects a negotiated compensation amount of $4,375, plus attorney’s fees in the amount of $1,000. If this parcel is not acquired by negotiation, it will have to be condemned. Significant risk factors accrue to the County in condemnation actions, including exposure to exorbitant damages claims and liability for payment of additional attorney and expert witness fees and costs. Staff accordingly recommends that the Board of County Commissioners approve the Agreement, as a better result is not expected if Parcel 153DE is condemned. This item is consistent with the Collier County strategic plan objective to design and maintain an effective stormwater management system. FISCAL IMPACT: Funds of $5,875 will be required, being the negotiated compensation amount of $4,375, attorney fees of $1,000, and estimated miscellaneous closing and recording fees in the amount of $500. The source of funding is the Stormwater Capital Improvement Fund 3050, Project (60142). No maintenance costs are anticipated until such time as the Project is constructed. GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management Sub-element and the Conservation and Coastal Management Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - DDP RECOMMENDATIONS: 1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 153DE and authorize the County Manager, or her designee, to record the conveyance instrument in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the Agreement to close the transaction; and 4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s performance in accordance with the terms and conditions of the Agreement. PREPARED BY: Property Acquisition Specialist I, Right-of-Way Acquisition, Transportation Engineering Division. ATTACHMENTS: Page 2128 of 3899 10/8/2024 Item # 16.B.5 ID# 2024-904 1. Aerial - Exhibit 153DE 2. Appraisal - DOV 01-28-23 153DE 3. Agreement - 153DE Page 2129 of 3899 AERIAL – PARCEL 153DE West Goodlette-Frank Stormwater Project No. 60142 / PARCEL 153DE 14th Street N Page 2130 of 3899 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com REAL ESTATE APPRAISAL REPORT PARCEL NO. 153DE Residential 3941 14th Street North Naples, Collier County, Florida, 34103 PREPARED FOR: Ms. Lisa Barfield Review Appraiser Collier County Transportation Right-Of-Way Group 2885 South Horseshoe Drive Naples, FL 34104 Client File: Project #60142 - PO No. 4500222634 EFFECTIVE DATE OF THE APPRAISAL: January 28, 2023 DATE OF THE REPORT: February 8, 2023 REPORT FORMAT: Appraisal Report PREPARED BY: RKL Appraisal and Consulting, PLC RKL File Number: 2022-270 Page 2131 of 3899 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com February 8, 2023 Ms. Lisa Barfield Collier County Transportation Right-Of-Way Group 2885 South Horseshoe Drive Naples, FL 34104 Re: Real Estate Appraisal Parcel No. 153DE 3941 14th Street North, Naples, Collier County, Florida, 34103 Client File: Project #60142 - PO No. 4500222634 RKL File Number: 2022-270 Dear Ms. Barfield: At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying appraisal for the above referenced property. The purpose of the appraisal is to estimate the market value of the fee simple interest in the parent tract before and after the proposed acquisition. The intended users for the assignment are Collier County Transportation Engineering Division. The intended use of the appraisal is as a basis of value for determining full compensation to the property owner for the loss of the real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed drainage easement (DE). We use the appraisal report option of Standards Rule 2-2 of USPAP to report the assignment results. Please reference the appraisal scope section of this report for important information regarding the scope of research and analysis for this appraisal, including property identification, inspection, highest and best use analysis, and valuation methodology. The accompanying appraisal conforms with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The parent tract is a residential parcel of land containing an area of 0.18446 acres, or 8,035 square feet. The parent tract is improved with a 2,026 square foot duplex built in 1969. The improvements located outside the proposed acquisition area are considered to be unaffected by the acquisition. Therefore, the contributory value of those improvements is not reported in the following appraisal. Page 2132 of 3899 Ms. Lisa Barfield Collier County Transportation Right-Of-Way Group February 8, 2023 Page 2 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com Based on the appraisal described in the accompanying report, subject to the Limiting Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions (if any), it is my opinion that the amount due the property owner, as a result of the loss of real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed perpetual, non-exclusive drainage easement (Parcel No. 153DE), as of January 28, 2023, is: SUMMARY OF TOTAL COMPENSATION Value of Property Rights Taken: $3,500 Value of Improvements Taken: $0 Severance Damages: $0 Net Cost to Cure: $0 TOTAL AMOUNT DUE OWNER: $3,500 The value conclusion(s) are subject to the following hypothetical conditions and extraordinary conditions. These conditions may affect the assignment results. Hypothetical Conditions: In the after analysis, it is a hypothetical condition the proposed acquisition and the proposed drainage improvements have been completed as of the effective date of the appraisal. Extraordinary Assumptions: None. Respectfully submitted, RKL APPRAISAL AND CONSULTING, PLC Rachel M. Zucchi, MAI, CCIM Florida State-Certified General Real Estate Appraiser RZ2984 rzucchi@rklac.com; Phone 239-596-0801 Page 2133 of 3899 PROJECT: 60142 - Goodlette-Frank Road SIP (Ph 2) PARCEL: 153DE FOLIO: 61945640001 PURCHASE AND SALE AGREEMENT (Perpetual, Non-Exclusive Drainage Easement) THIS PURCHASE AND SALE AGREEMENT ("Agreement') is entered into this 1$! Oay "GdU-2024, by KARIN L. VETTER, individually and as Trustee of MATTHEW VETTER TRUST blteO lUt-V 161 2009, whose mailing address is 6220 Taylor Road, #'103, Naples, FL 34109 ("Seller'), and COLLIER COUNTY, a political subdivision of the Stale of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attomey's Oflice, Suite 800, Naples, FL 341 12 (the "County"). Recitals: A. Seller owns cBrtain real property in Collier County, Florida, commonly known as . B. The County desires to purchase a perpetual, non-exclusive drainage easement (the "Easemenl') over, under, upon and across a portion of Seller's property as described in Exhibit "A" attached hereto (the "Property"). NOW THEREFORE, the parties agree as follows: 1.AGRFFMFNT TO SELL AND PU P.:HASF . Seller hereby agrees to sell, and the County hereby agrees to purchase the Easement on the terms and conditions set forth in this Agreement. 2. COMPENSATION. A. Amount. The compensation payable by the County for the Easement shall be $4,375.00 subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of the compensation is attributable to personal property. In addition, the County shall pay attomey fees in the sum of 3'1,000.00 to Roger B. Rice, ESO. B. Full Comoensation. The payment of the net sales proce€ds to Seller, payable by County check at Closing (defined below), shall be (i) full compensation for the Easement, including, without limitation, all improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the Easement to the County, whether foreseen or unforeseen, including, without limitation, and to the extent applicable, moving expenses, attomeys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. PUBLIC DISCLOSURE. lf Seller holds title to the Property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall, before the tull execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Easement is conveyed to the County. The foregoing notwithstanding, (i) if Seller is a corporation registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock isfor sale to the generalpublic, it is exempt from the provisions of Section 286.23, Florida Statutes, and (ii) the names and addresses of persons or entities holding less than 5 percent of the beneficial interest in the disclosing entity are not rsquired to be disclosed. 4. PURPOSE OF EASEMENT. The Easement shall be for drainage and stormwater management purposes and includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove ponds, canals, ditches, swales, earthen berms, rip-rap, retaining walls and other retaining systems, pumps, underground pipes, irrigation lines, lighting and other eleclrical facilities, and other types of water control structures and facilities, and b) place, excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and improvemenls, including the removal and disposal of any and all property, real and/or personal, not owned by the County to the exlent it interferes with the County's rights under the Easement, without liability lo the owner of such property; all as deemed necessary or appropriate from time to time by the County. oYo 1 Page 2134 of 3899 5. CLOSING DAT : POSSESSION. A. Closin Date. Sell er's conveyance of the Easement to the County (the "Closing") shall occur within 30 days of the County's receipl of all properly executed Closing Documents (derined below). TIME lS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Cha qes: Risk of Loss.The County's obligation to close shall be contingent upon the County having determined that, between the date that the County completes its due diligence investigations and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title, physical condition of the Property, or other matters previously approved by the County. Between the date of the parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. lf the Properly is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Property at Seller's expense. C. Possession. Seller shall remove Seller's personal items, vacate, and sunender possession of the Easement to the County at Closing. Seller shall leave the Property free of all personal property and debris and in substantially the same condition as exists on the date of Seller's execution of this Agreement. The County shall have the right to inspect the Property prior to Closing. 6, CLOSING OOCUMENTS. As soon afler the parties' execution of this Agreement as is possible, Seller shall deliver the following documents to the County, properly executed and in a form approved by the Collier County Attorney's Office (the "Closing Documents"): (a) Drainage Easement instrument;(b) Closing Statement;(c) Affidavit of Title:(d) Form W-9 (Request for Taxpayer ldentification Number and Certification);(e) Evidence of legal authority and capacity of the individual executing this Agrsement on behalf of Seller to execute and deliver this Agreement and the Closing Documents;(f) Satisfaction, Partial Release, Termination or Subordination from the holder of each mortgage or other lien open of record encumbering the Property; G) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber the Property;(h) Termination or Subordination of any existing easement that encumbers the Property, if required by the County; and(l) Such other documents as the County or title company deems necessary or appropriate to clear title to the Easement. Following the Closing, Seller shall execute any and all additional documents as may be requested by the County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 7. CLOSTNG COS TS ANO DEDUCTIONS A. Countv's Closino Costs. At Closing, the County shall pay (i) the recording fees to record the Easoment instrument and any curative instruments required to clear title; and (ii) the cost of an owner's policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." o ?C B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documenlary stamp taxes required on the Easement instrument in accordance with Section 201.01, Florida Statutes, unless the Easement is acquired under the threat of condemnation, in which case the conveyance is exempt from state documentary stamp taxes; (ii) any apportionment and distribution of the full compensalion amount provided for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as payoff, paydown, or for the protection of its security interesl, or as consideration due to any diminution in the value of its property right; and (iii) all taxes and assessments that are due and payable. 2 Page 2135 of 3899 8. IRRIGATION SYSTEM ANO M LANEOUS IMPROVEMENTS. A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on the Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc. ("Systems"), prior to the commencement of construction, without any further notification from the County. Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder property after relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event Sell€r fails to relocate the Systems prior to the commencement of construclion. B. Relention of lmprovements. Seller acknowledges that the County has compensated Seller for the value of all improvements and landscaping ("lmprovements") localed on the Property, and yet the County is willing to permit Seller to salvage said lmprovements provided same are removed from the Property prior to the commencement of construction. lf Seller elects to retain any lmprovements located on the Property, Seller is responsible for their removal prior to the commencement of construction, without any further notification ftom the County. All lmprovements remaining on the Property at the time of commencement of construction shall be deemed abandoned by Seller. C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easement 9. INSPE TloNs. A. lnspections. Following the date of the parties' execution of this Agreement, the County shall have the right, at its sole cost and expense, to conduct whatever invesligations and inspections of the Property that it deems appropriate, including, without Iimitation, a title examination, property survey, appraisal, building inspections, environmental assessments, engineering studies, soil borings, determination of compliance of the Property with applicable laws, and the like. Seller shall provide the County with reasonable access to the Property to conduct on- site inspections. The County shall promptly repair any damage lo the Property caused by such on-site inspections. B. Countv's Rioht to Terminate. Notwithstanding anything in this Agreement to the contrary, the County's obligations under this Agreement to acquire the Easement are contingent upon the County's satisfaction with the Property, including, without limitation, as revealed by the County's investigations and inspections as set forth herein. lf, prior to the Closing, the County identifies any ob.iectionable mafters and determines that such obiections cannot be resolved to the County's satisfaction through reasonable diligence, within a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall not be required to, provide Seller with an opportunity to rectify such obiections. 10. SELLER'S ADOITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the followang additional representations and wananties on the date of Seller's execution of this Agreement, and shall be deemed to have repeated same at Closing: (a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority to own and operate the Property, to execute this Agreement, and to futfill Seller's obligations under this Agreement and the Closing Documents. (b) No tenanl or other party has any right or option to acquire the Property or to occupy the Property, or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents. (c) Sellels title to the Property is free and clear of all mortgages and other liens and encumbrances, except as may be disclosed in the title commitrnent, title report, or attomey title opinion oblained or to be obtained prior to the Closing. (d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do anything to encumber the title to the Property, or convey the Property to a third party, or grant to any third party any rights of any kind with respecl to the Property, or do anything to change or permit to be changed vc 3 Page 2136 of 3899 the physical condition of the Property, without in each instance obtaining the County's prior written consent, which may be granted or withheld in the County's sole discretion. (e) No maintenance, construction, advertising, managemenl, leasing, employment, service, or other contracts affecting the Property shall remain in effect following the Closing. (0 There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Property or adversely affect Selle/s ability to perform Sellels obligations under this Agreement. (S) The Property is in mmpliance with all federal, state and local laws, including, withoul limitation, environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous substances have been used, generated, stored, treated, or removed from the Property, nor is there any lawsuit, proceeding, or investigation regarding same; the Property has never been used as a landlill, and there are no underground storage tanks on the Property; there has been no spill, contamination, or violation of environmenlal la\ rs pertaining to any contiguous property; and Seller has not received nolice and olherwise has no knowledge of any existing or threatened environmental lien against the Property. (h) Seller has not utilized a real estale broker or agent in connection with Seller's sale of lhe Easement to the County and no real estate sales commission is due. (i) None of the improvements located on the Property encroach upon adioining properties, and no improvements located on adjoining properties encroach upon the Property. 11, DEFAULT: REMEDIES. lf either party fails to perform any of its obligations under this Agreement and fails to cure such failure within '15 days after receiving written notice thereof from the non-defaulting party, the non- defaulting party shall have the right to terminate this Agreement by giving written notice of termination to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party at law or in equity, including, without limitation, the right to seek specilic performance, and to recover damages, including attomey fees and court costs, in connection with such default; all rights and remedies being cumulative. 12. INOEMNIFICATION: WAIVER OF CLAIMS, Seller shall indemnify, defend, and hold the County harmless from and against all claims and actions asserted against the County, and all damages, losses, liability, penalties, fines, costs and expenses, including, without limitation, attomey fees and court costs, suffered or incuned by the County, arising from (i) Seller's representations and warranties in this Agreement or in any of the Closing Documents if untrue; or (ii) Seller's failure to perform any of Selleis obligations under this Agre€ment, irrespective of whether the County delivers a written notice of default to Seller; or (iii) iniuries, accidents, damage to Seller's personal property, or other incidents occurring on the Property prior to Closing. 13. NOTICES. All notices given by either party to the other under this Agreement shall be in writing and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other address as may be specified by either party from time to time by written notice to the other party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing. 14. GENERAL PROVISIONS. A. Successors and Assions. This Agreement shall inure to the benetit of and be binding upon the parties and their respective heirs, execulors, personal representatives, successors and permifted assigns, B. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to a third party without the prior written consent of the other party. C. Entire Aoreement. This Agreement constitutes the enlire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undedakings, promises, warranties, or covenants not contained herein. Amendments. All amendments to this Agreement must be in writing and signed by both parties 4 D ov Page 2137 of 3899 E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day. F. Survival. All provisions of this Agreement that are not, or by their nature cannol be, performed prior to the Closing, including, without limitation, Sellefs representations, vr'arranties, indemnity obligations, shall survive the Closing. G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the specilic instance to which it relates and shall not be construed as a continuing waiver as to future instances or as a waiver of any other provision. l. Govemino Law: Venue . This Agreement shall be govemed and construed in accordance with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. lN WITNESS WHEREOF, the parties have executed this Agreement on lhe dales indicated below, effective as of the date this Agreement is executed by the County. o.r"Jdu l5 .zoz4 SEL Date . 2024 ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller By: Deputy Clerk Apfroved as to form and legality REK D. PERRY, ESQ R, lndividually and as Trustee of MATTHEW TRUST DATED JULY 16, 2OO9 COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By CHRIS HALL, Chairman 5 o Assistant County Attorney -z KARIN L. 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