Agenda 10/22/2024 Item #16B14 (Agreeemnt for the purchase of right of way Parcel 1314FEE required for the Vanderbilt Beach Road Ext - Phase 2 project)10/22/2024
Item # 16.B.14
ID# 2024-1078
Executive Summary
Recommendation to approve an Agreement for the purchase of right of way (Parcel 1314FEE) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $31,200.
OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project 60249 (the
“Project”).
CONSIDERATIONS: The Project will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard.
Collier County is seeking to purchase a fee simple interest in a right of way parcel, Parcel 1314FEE (the “Parcel”),
required for construction of the Project. The improved parent tract is owned by Melva E. Stevenson as surviving
Trustee of the Stevenson Trust and is located on the north side of 10th Ave NE. The Parcel consists of a strip taking
along the rear, northerly boundary of the parent tract and is approximately 0.41 acres in extent. An aerial photograph of
the subject property is attached.
The attached appraisal report summary prepared by RKL Appraisal and Consulting, dated June 10, 2024, estimates the
full compensation amount for the Parcel to be $30,700. The property owners have accepted the County’s offer to
purchase the Parcel for this amount. The Transportation Engineering Division accordingly recommends approval of the
attached Agreement.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $31,200 are required, with the compensation amount of $30,700 and estimated closing
and recording fees of $500. The primary funding source for the right-of-way acquisition is impact fees through Road
Impact Fee District Funds (3090, 3091, 3092, 3093, Transportation Capital Fund (3081), Project No. (60249). Should
impact fees not be sufficient within a particular project, the secondary funding source will be transportation capital
funds.
No maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
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 1314FEE 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: Robin L. Goldsboro, Property Acquisition Specialist I, Right of Way Acquisition, Transportation
Engineering Division.
Page 2911 of 7162
10/22/2024
Item # 16.B.14
ID# 2024-1078
ATTACHMENTS:
1. Aerial - Parcel 1314FEE
2. Appraisal Report Summary 1314FEE DOV 5-3-24
3. Purchase and Sale Agreement
Page 2912 of 7162
AERIAL – PARCEL 1314FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
10th Ave NE 10th Ave NE
12th Ave NE 12th Ave NE
PARCEL 1314FEE GOLDEN
GATE MAIN
CANAL
Page 2913 of 7162
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
VANDERBILT BEACH ROAD EXTENSION PHASE II
Residential
Parcel No. 1314 FEE
2181 10th Avenue NE
Naples, Collier County, Florida, 34120
PREPARED FOR:
Ms. Lisa Barfield
Review Appraiser
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
EFFECTIVE DATE OF THE APPRAISAL:
May 3, 2024
DATE OF THE REPORT:
June 10, 2024
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2024-098 (Parcel No. 1314 FEE)
Page 2914 of 7162
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
June 10, 2024
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
Re: Real Estate Appraisal
Vanderbilt Beach Road Extension Phase II
Parcel No. 1314 FEE
2181 10th Avenue NE, Naples,
Collier County, Florida, 34120
RKL File Number: 2024-098 (Parcel No. 1314 FEE)
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, Right of Way Acquisition. 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 Fee Simple Acquisition area. 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 consists of a vacant parcel of land containing a total of 2.73 acres, or
118,800 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
Page 2915 of 7162
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
June 10, 2024
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 Fee Simple Acquisition (Parcel No. 1314 FEE), as of May 3, 2024, is:
SUMMARY OF TOTAL COMPENSATION
Value of Property Rights Taken: $12,800
Value of Improvements Taken: $0
Severance Damages: $17,900
Net Cost to Cure: $0
TOTAL AMOUNT DUE OWNER: $30,700
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway 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 2916 of 7162
PROJECT
PARCEL:
FOLIO:
60249 - Vanderbilt Beach Road Extension - Phase 2
1314FEE
37396520005
PURCHASE AND SALE AGREEMENT
(partial fee simple)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this _ day of
2024,6y and between MELVA E. STEVENSON, individually and as surviving Trustee of the
Stevenson Trust dated September 8, 1997, whose mailing address is 457 Phlox CT, Thousand Oaks, CA
91 360 ("Selle/'), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FLU112 (the "County'').
Recitals
A. Seller owns certain real property in Collier County, Florida, commonly kno\,vn as 2'181 lorh Ave
NE, Naples, FL 34120 (the 'Property"); and
B. The County desires to purchase a portion of Seller's Prop€rty as described in Exhibit "A"
attached hereto (the "Parcel").
NOW THEREFORE, the parties agree as follows
1. AGREEIIIENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase the Parcel on the terms and conditions set forth in this Agreement.
2. COMPENSATION
B. Full Comoensation. The payment ofthe net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation, all
improvements located on the Parcel 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
Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys'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 full execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida
Statutes, under oath, subject to the penaltles prescribed for perjury, of the name and address of every person
having a beneficlal interest in the Property before the Parcel 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 is for sale to the general public, 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 drsclosing entity are not required to be disclosed.
1
A. Amount. The compensation payable by the County for the Parcel shall be $30,700.00, subiect
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of
the compensation is attributable to personal property.
Page 2917 of 7162
4. CLOSING DATE: POSSESSION.
A. Closinq Date. Selbfs conveyance of the Parcelto the County (the'Closing") shall occur withan
30 days of the County's receipt of all properly executed Closing Docunrcnts (delined 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, FlorkJa 34104.
B. No Adverse Chanoes: 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 du6 diligence invostigations
and inspections under this Agreement and the Closing, $ere shall have been no adverse changes in the title,
physical condition of the Parcel, 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 Parcel is
damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Parcel
at Seller's expense.
C. Possession. Seller shall remove Sellefs personal property, vacate, and surrender possession
of the Parc€l to the County at Closing. Seller shall leavethe Parcel free ofall personal property and debris
and in substantially the same condition as exists on the date of Sellefs execution of this Agreement. The
County shall have the right to inspect the Parcel prior to Closing.
5. 9!SE!re_ry!UE!8. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County wath a copy of S€llefs property suNey and title insurance policy for the
Property, if any, and (ii) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attomey's Office (the "Closing Documents'):
Wananty Deed;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence of legal aulhority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termination of any leases or rental agreements that encumber the Parcel;
A Termination, Vacation or Subordination of any existing eas€ment that encumbers the Parcel,
if required by the County; and
Such other documents as the County or title company deems necessary or appropriate to clear
title to the Poperty.
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to conect clerical enors, clear title, or otheMise cany out the intent of the parties.
6. CLOSING COSTS AND DEDUCTIONS
A. Countv's Closinq Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instrument(s) 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 foes required by mortgagees or other lien holders in connection with the
delivery of propedy executed Satisfaction, Releases, or Terminations 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."
B. Seller's Closino Costs. At C losing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accordance with Section 201.01, Florida Statutes, unless the
Property is acquired under the threat of condemnation, in which c€se the conveyance is exempt from state
documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
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Page 2918 of 7162
for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as
payoff, paydown, or for the prolection of its security interest, or as consideration due to any diminution in the
value of its property righq (iii) all taxes and asses$Tents that are due and payable; and (iv) $e full amount of
condominium/homeowner association special assessments and govemmentally imposed liens or special
assessments (other than CDD/MSTU assessments) which are a lien or a special assessment that is certain
as to the identity of the lienor or essessor, the property subject to the lien or special assessment, and the
amount of the lien or special assessment. lf the Property is located within a Community Development District
("CDD') or Municipal Service or Benefit Taxing Unit ("MSTU'), the County shall assume any outstanding capital
balance on the Parcel.
C, Prorations. The following items shall be prorate! as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem taxes based upon the most cunent assessment available, without
discount, provided thet if the current year's tax bill is not yet available, but a TRIM Notice has been issued, the
ad-valorem taxes shall be prorated based upon the amount set forth therein; (ii) condominiurn/homeowner
association assessments (other than those required to be paid in full under subparagraph B ofthis paragraph),
and (iii) cDD/MSTU operating and maintenance assessments.
A. Relocation. Seller agrees to relocate existing inigation, electrical, or other systems located on
the Parcel, if any, including, but not limited to, irrigation lines, sprinkler valves, electricalwiring, etc. ('Systems"),
prior to the commencem€nt of construction, without any further notification from the County. Seller assumes
full responsibility for the relocation of all Systems and their perfrcrmance on the remainder property afier
relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event
Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmprovements. Seller acknowledges that the County has compensated Seller fior
the value of all improvements and landscaping ("lmprovemenG') located within the Parcel, and yet the County
is willing to permit Seller to salvage said lmprovements provided same are removed from the Parcel prior to
the commencement of construction. lf Seller elects to retain any lmprovernents located on the Parcel, Seller
is responsible for their removal prior to the commencement of construction, without any further notification from
the County. All lmprovements remaining on the Parcel at the time of commencement of crnstruction shall be
deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title.
8. TNSPECT|ONS.
A. lnsoections. 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 investigations and inspections of the Parcel
that it deems appropriate, including, without limitation, a title examination, property survey, appraisal,
environmental assessments, engineering studies, soil borings, determination of compliance of the Parcel with
appliceble laws, and the like. Seller shall provide the County with reasonable access to the Parcel to conduct
on-site inspections. The County shall promptly repair any damage to the Parcel caused by such on-site
insp€ctions.
B. Countv's Rioht to Terminate. Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction with the Parcel, 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 objectionable matters and
determin€s that such objections cannot be resolved to the County's satisPaction 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 nghts or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectify such objections.
3
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Page 2919 of 7162
9. SELLER'S REPRESENTAnONS AND UYARRANTIES. Seller makes the bllowing
representations and warranties 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 Eimple title to the Property and has tull right, power, and authority
to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations
under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Parcel or to occupy the Parcel, or,
if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
(d) Between the date of Selle/s execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Parcel to a third party, or grant to
any third party any rights of any kind with respect to the Parcel, or do anything to change or
permit to b6 changed the physical condition of the Parcel, without in each instance obtaining the
County's prior written consent, which may be granted or withheld in the County'E sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, orother
contracts affiectang the Parcel shall remain in effect follo ring the Closing.
(f) There are no gov€mmental proceedings or investigations of any kind, brmal or inbrmal, civil or
criminal, pending or threatened, that may afiect the Property or advers€ly afiect S€ller'e ability
to perform Selbfs obligations under this Agreement.
G) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafie levels of radon, mold, lead, or other pollutants or hazardous
substan@s have been used, generated, stored, treated, or removed from the Pmperty, nor is
there any lawsuit, proceeding, or investigation regarding sarne; the Prop€rty has never b€en
used as a landfill, and there are no underground storage tanks on the Propertyi lhere has been
no spill, contamination, or violation of environrnental laws pertaining to any contiguous property;
and Seller has not received notice and othen ise has no knol ledge of any existing or threaten€d
environmental lien against the Property.
(h) None of the improvements located on the Parcel, if any, encmach upon adjoining properties,
and no improvements loc€ted on adioining properties encroach upon the Parcel.
r0. pEfAglIiBEUEplE. lf either party fails to perform any of its obligations under this Agreement
and fiails 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 limitetion of any other rights and remedies available to the non{efaulting party
at law or in equity, including, without limitation, the right to seek specific perbrmance, and to recover damages,
including attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative.
11. INOEMNIFICATION: W OF CLAIMS.Seller shall indemniry, defend, and hold the CountyAIVER
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, fines, costs and exp€nse8, including, without limitation, attomey fees and court costs,
suffered or incuned by the County, arising from (i) Selleis representations and wananties in this Agreement
or in any of the Closing Documents if untrue; or (ii) Seller's failure to perbrm any of Seller's obligations under
this Agreement, inespective of whether the County delivers a written notice of default to Seller; or (iii) injuries,
accidents or other incidents occuring on the Property prior to Closing.
4
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Page 2920 of 7162
t2. lglJgE All nouces 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 fiorth in the introductory paragraph of this Agreement, or such other
address as may be sp€cified by either party ftom 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.
13. GENERAL PROVISIONS.
A. Successors and Assions. This Agreement shall inure to the benefit of and be binding upon the
parties and their respectrve heirs, executors, personal representatives, successors and permitted assigns.
B. Assionment. The parties shall not a$eign 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 entirg agreement of the parties as pertains
to the subject matter hereot and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties
E. Tirne Periods. lf any deadline or expiration of any tirne period provided for hereunder fralls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the iollowing business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Sellefs representations, wananties, 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 etfect.
H. No \A/aiver. 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
specific 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 Goveminq 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.
Date 2024
MELV TEVENSO , individually and as
Trustee of the Stevenson Trust, dated September
8, 1997
5 oaa
lN WTNESS W{EREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
SELLER:
Page 2921 of 7162
By
Date:2024
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality:
DEREK D, PERRY. ESQ.
Assistant Cou nty Attorney
COUNTY: COLLIER
BOARD OF COUNTY COMIV]ISSIONERS
COLLIER COUNTY, FLORIDA
By
CHRIS HALL, Chairperson
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Page 2922 of 7162
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Page 2923 of 7162