Agenda 02/11/2025 Item #16B 4 (Purchase of Right-of-way for the VBR Ext, Phase 2, Project #60249)2/11/2025
Item # 16.B.4
ID# 2025-55
Executive Summary
Recommendation to approve an Agreement for the purchase of right of way (Parcel 1372FEE) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $55,000.
OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project (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 1372FEE (the “Parcel”),
required for construction of the Project. The improved parent tract is owned by Timothy Hall and is located on the north
side of 10th Avenue NE. The Parcel consists of a strip of taking along the rear, northerly boundary of the parent tract
and is approximately 0.37 acre 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 $54,500. 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 $55,000 are required, being the compensation amount of $54,500 and estimated closing
and recording fees of $500. The primary funding source for the acquisition of right of way is through Road Impact Fee
District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades Project
(60249). Should impact fees not be sufficient, the secondary funding source will be Road Construction Gas Tax Fund
(3083) and Transportation Capital Fund (3081).
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 1372FEE 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: Prepared By Robin L. Goldsboro, Property Acquisition Specialist II, Right of Way Acquisition,
Operations and Performance Management Division.
Page 1563 of 3773
2/11/2025
Item # 16.B.4
ID# 2025-55
ATTACHMENTS:
1. Aerial - Parcel 1372FEE
2. Appraisal Report Summary 1372FEE DOV 05.03.24
3. Purchase and Sale Agreement
Page 1564 of 3773
AERIAL – PARCEL 1372FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1372FEE
Page 1565 of 3773
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. 1372 FEE
2925 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. 1372 FEE)
Page 1566 of 3773
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. 1372 FEE
2925 10th Avenue NE, Naples,
Collier County, Florida, 34120
RKL File Number: 2024-098 (Parcel No. 1372 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 2.50 acres, or
108,900 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
Page 1567 of 3773
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. 1372 FEE), as of May 3, 2024, is:
SUMMARY OF TOTAL COMPENSATION
Value of Property Rights Taken: $22,700
Value of Improvements Taken: $0
Severance Damages: $31,800
Net Cost to Cure: $0
TOTAL AMOUNT DUE OWNER: $54,500
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 1568 of 3773
PROJECT:
PARCEL:
FOLIO:
60249 - Vanderbilt Beach Road Extension - Phase 2
1372FEE
40577280009
PURCHASE AND SALE AGREEMENT
(partialfee simple)
/ THIS PUBCHASE AND SALE AGREEMENT ("Agreement") is entered into this 3* day of
7J="u,ao-t_, 202#, by and between TIMOTHY HALL, a married person, whose mailing address is 4706
Riversid/ Drive, Estero, FL 33928-2510 ("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,
FL 3411 2 (the "County").
Recitals
A. Seller owns certain real property in Collier County, Florida, commonly known as292510b Ave
NE, Naples, Florida (the "Property"); and
B. The County desires to purchase a portion of Seller's Propefl as described in Exhibit "A"
attached hereto (the "Parcel").
NOWTHEREFORE, the parties agree as follows:
1. AGREEMENT 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.
A. Amount. The compensation payable by the County for the Parcel shall be $54,500.00, subject
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of
the compensation is attributable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation, all
improvements located on the Parcel as of the date of this Agreement; and (ii) full and final settlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DATE: POSSESSION.
A. Closino Date. Selle/s conveyance of the Parcel to the County (the "Closing") shall occur within
30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS OF THE
ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division,
2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Chanoes: Risk of Loss. The County's obligation to close shall be contingent upon
the County having determined that, between the date that the County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Parcel, or other matters previously approved by the Coun$. 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 Seller's personal property, vacate, and surrender possession
of the Parcel to the Coung at Closing. Seller shall leave the Parcel free of all personal property and debris
1
caoPage 1569 of 3773
and in substantially the same condition as exists on the date of Selle/s execution of this Agreement. The
County shall have the right to inspect the Parcel prior to Closing.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County with a copy of Selle/s property survey and title insurance policy for the
Properg, if any, and (ii) deliver the following documents to the Coun$, properly executed and in a form
approved by the Collier County Attorney's Office (the "Closing Documents"):
(a) Warranty Deed;(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 Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;(0 A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcel;(g) A Partial Release or Termination of any leases or rental agreements that encumber the Parcel;
(h) A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel,
if required by the County; and(i) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Property.
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.
5. 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 owne/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 Satistaction, 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 Closinq Costs. At Closing, 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 case the conveyance is exempt from state
documentary stamp taxes; (ii) any apportionment and distribution of the full compensation 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 interest, or as consideration due to any diminution in the
vaiue of its properg right; (iii) all taxes and assessments that are due and payable; and (iv) the full amount of
condominium/homeowner association special assessments and governmentally 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 assessor, 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 shallassume any outstanding capital
balance on the Parcel.
C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem tiaxes based upon the most current assessment available, without
discount, provided that 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) condominium/homeowner
association assessments (other than those required to be paid in full under subparagraph B of this paragraph),
and (iii) CDD/MSTU operating and maintenance assessments.
6. IRRIGATION SYSTE]I'I AND II'IISCELLANEOUS IMPROVEMENTS.
2
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Page 1570 of 3773
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on
the Parcel, if any, inctuOing, but not iimiteO to, irrigation lines, sprinkler valves, electrical wiring, etc. ("Systems"),
prior to the commencement of construction, without any further notification from the County. Seller assumes
iull 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
Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmorovements. Seller acknowledges that the County has compensated Seller for
the value of atl irnprovernents anO tandscaping ("lmprovements") 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 lmprovements 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 construction shall be
deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. lnsoections. Following the date of the parties' execution of this Agreement, the Coun$ shall
have the rignt, at its sote cost and eipense, to conduct whatever investigations and inspections of the Parcel
that it deems appropriate, including, without limitation, a title examination, proper$ suryey, appraisal,
environmental assessments, engineering studies, soil borings, determination of compliance of the Parcel with
applicable 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
inspections.
B. County's Rioht to Terminate. Notwithstanding anything in this Agreement to the contrary, the
County's obligationi under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction witn tne 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
determines that such objections cannot be resolved to the County's satisf,action through reasonable diligence,
within a reasonable peiioO 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 wriften notice to Seller, whereupon
neither party shall thereafter have any iights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportuni$ to rectify such objections.
8. SELLER'S REPRESENTATTONS AND WARRANTTES. SEIIET MAKES thE fOIIOWiNg
representatiomeofSelle/sexecutionofthisAgreement,andshallbedeemedto
have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right PQwer, 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 Gounty 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.
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 Parcel to a third par$, or grant to
any tnirO pafi any rights of any kind with respect to the Parcel, or do anything to change or
peimit to be changed ihe physical condition of the Parcel, without in each instance obtaining the
bounty's prior written consent, which may be granted or withheld in the Coun$'s sole discretion.
(d)
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Page 1571 of 3773
Page 1572 of 3773
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to tne CbsingJncluding, without limitation, Seller's representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severability. lf any provision of this Agreement is determined to be legally invalid .
or
unenforceabre, sucn Fision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in fullforce and effect.
H. No Waiver. No pary shall be deemed to have waived its right to enforce any specific provision
of this Rgreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific iistance 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. Governino Law: Venue. This Agreement shall be governed and conshued in accordance with
thelawsottrreffiputesarisingunderthisAgreementshallbebroughtsolelyinthecourts
in Collier Coun$, Florida, and the parties hereby agree to said venue.
tN WTNESS \ /FIEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date 6,ttr 2025 SELLER
TI HALL
Date 2025 COUNTY: COLLIER
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:By:
Depu$ Clerk BURT L. SAUNDERS, Chairperson
Approved as to form and legality:
DEREK D. PERRY, ESQ.
Assistant County AttorneY
Last Revised 312A23
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FoPage 1573 of 3773
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A PORTION OF TRACT 9E, GOLDEN GA]E ESTATES UNIT 75, AS RECORDED IN PLAT BOOK 5, PAGE
11, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, LYING IN SECTION 5I, TOWNSHIP 4A
SOUTH, RANGE 2E EqST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH lOO FEET OF THE WEST 165 FEET OF SAID IRACT 9E.
CONTAINING 16,500 SQUARE FEET, ALSO BEING 0.37 ACRES, MORE OR TESS.
Digitally
signed by
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Date:
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