Agenda 04/08/2025 Item #16B 8 (Agreement for the purchase of right-of-way required for the Vanderbilt Beach Road Ext. Phase 2 Project)4/8/2025
Item # 16.B.8
ID# 2025-936
Executive Summary
Recommendation to approve an Agreement for the purchase of right of way (Parcel 1374FEE) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $80,681.00.
OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project (the
“Project”), which will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard; provide sidewalks;
a shared use pathway; bike lanes; drainage; and related improvements.
CONSIDERATIONS: Collier County is seeking to purchase a fee simple interest in a parcel of right of way (Parcel
1374FEE) required for construction of the Project. The improved parent tract is owned by William Warren and is
located on the north side of 10th Avenue NE. The Parcel consists of a strip taking along the rear, northerly boundary of
the parent tract, is 0.37 acres in extent and rectangular in shape. An aerial photograph of the subject property is attached.
The attached appraisal summary report prepared by Carlson, Norris & Associates, dated July 8, 2024, estimates the full
compensation amount for Parcel 1374FEE to be $59,300. The property owner’s initial demand was $90,000, plus
attorney and expert fees. The attached Purchase and Sale Agreement reflects a negotiated compensation amount of
$75,000, plus statutory attorney fees in the amount of $5,181. 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. The Operations and
Performance Management Division accordingly recommends that the Board of County Commissioners approve the
Agreement, as a better result is not expected if the Parcel is condemned.
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 $80,681 are required, being the negotiated compensation amount of $75,000, attorney
fees of $5,181, 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 reviewed by the County Attorney’s Office. If the County needs to
acquire this right of way by eminent domain, the costs of acquisition will be significantly greater than the proposed
compensation and could lead to substantial project delays and costs. With that noted, this item is approved as to form
and legality and requires majority vote for 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 1374FEE and authorize the County Manager, or 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 designee to take the necessary measures to ensure the County’s performance
in accordance with the terms and conditions of the Agreement.
Page 1718 of 5277
4/8/2025
Item # 16.B.8
ID# 2025-936
PREPARED BY: Prepared By Robin L. Goldsboro, Property Acquisition Specialist II, Right of Way Acquisition,
Operations and Performance Management Division.
ATTACHMENTS:
1. Aerial - Parcel 1374FEE
2. Appraisal Report Summary 1374FEE DOV 5-15-24
3. Purchase and Sale Agreement
Page 1719 of 5277
AERIAL – PARCEL 1374FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1374FEE
Page 1720 of 5277
1919 Courtney Drive | Fort Myers, FL 33908 | Phone 239.936.1991 | www.carlsonnorris.com
APPRAISAL REPORT
Prepared For:
Collier County Transportation
Engineering Division
Attention: Lisa Barfield
Review Appraiser
2885 South Horseshoe Drive
Naples, Florida 34104
Prepared By:
ON, NORRIS &
Carlson, Norris & Associates
1919 Courtney Drive, Suite 14
Fort Myers, FL 33901
(239) 936-1991
www.carlsonnorris.com
File #20-100
VANDERBILT BEACH ROAD EXTENSION – 1374FEE
2945 10th Avenue NE
Naples, Florida 34120
File #20-100
Our File #: 24-142
Purchase Order #: 4500230717
Project#:
60249
Phase 2
Page 1721 of 5277
1919 Courtney Drive | Fort Myers, FL 33908 | Phone 239.936.1991 | www.carlsonnorris.com
Real Estate Valuation Experts
Trusted since 1985
July 8, 2024
Collier County Transportation Engineering Division
Attention: Lisa Barfield
Review Appraiser
2885 South Horseshoe Drive
Naples, Florida 34104
Re: 2945 10th Avenue NE
Naples, Florida 34120
Acquisition Parcel: 1374FEE
Our File Number: 24-142
To Whom it May Concern,
At your request and authorization, Carlson, Norris, and Associates has completed an appraisal presented in
an Appraisal Report for the recommendation for compensation of the acquired taking area from the
subject parcel. The “As Is” recommendation for compensation opinion is made under market conditions
prevailing as of May 15, 2024.
The subject parent tract of this appraisal is a 2.50 gross acre site that can be located at 2945 10th Avenue
NE in Naples, Florida 34120. The parent parcel is located along the northernly side of 10th Avenue NE with
165 feet of frontage along 10th Avenue NE. The parent parcel is rectangular and contains a total of 2.50
acres or approximately 108,900 square feet +/-. The parcel is improved with a single-family residence that
contains approximately 2,118 square feet of net area that was constructed in 1989. Site Improvements
include a caged pool, perimeter fencing with gate access, a concrete driveway, an asphalt driveway,
landscaping, and utilities.
The parts taken, parcel 1374FEE is a proposed fee simple taking which will allow for the extension of
Vanderbilt Beach Road. Plans for phase two include a new two-lane roadway with a footprint to allow for a
four-lane roadway, or a six-lane roadway if required. The part taken is a 100 feet deep strip of area of the
northernly portion or rear of the subject site that is rectangular and contains 16,500 square feet or 0.38
acres. The acquisition area does not contain any improvements and primarily consists of native vegetation.
Data, information, and calculations leading to the value conclusion are incorporated in the report following
this letter. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of,
and inseparable from, this letter. Any special assumptions and limiting considerations were especially noted
in Section 7 of this report. Your attention is directed to these General Assumptions and Limiting Conditions
which are part of this report.
The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the
reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based
on, and this report has been prepared in conformance with, our interpretation of the guidelines and
recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP) of the
Appraisal Foundation, the requirements of the Code of Professional Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute.
Page 1722 of 5277
COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
CARLSON, NORRIS, & ASSOCIATES
2
Collier County Transportation Engineering Division
July 8, 2024
Page 2
Based on the analysis contained in the following report, our recommendation for compensation for the
acquisition of the 1374FEE taking is concluded as follows:
Please refer to the attached appraisal report, plus exhibits, for documentation of the value estimates
contained herein. It has been a pleasure to assist you in this assignment. If you have any questions
concerning the analysis, or if Carlson, Norris and Associates can be of further service, please contact
us.
Respectfully submitted,
CARLSON, NORRIS & ASSOCIATES
Michael P. Jonas, MAI, AI-GRS, CCIM
State-certified general real estate appraiser RZ2623
Zachary Kazak
State-registered trainee appraiser RI24996
Compensation Conclusion 1374FEE
Part Taken
Land $26,600
Improvements $0
Total: $26,600
Damages $32,700
Cost to Cure $0
Total Compensation $59,300
Page 1723 of 5277
PROJECT:
PARCEL:
FOLIO:
60249 - Vanderbilt Beach Road Extension - Phase 2
1374FEE
40577320008
PURCHASE AND SALE AGREEMENT
(partialfee simPle)
4,,,
S PURCHASE AND SALE AGREEMENT
2}zfrlby and between WILLIAM WARREN
("Agreement")is entered into this LO Aay of
, a single man,whose mailing address is 2945 1 0f'
Avenue NE,Naples, FL 34120 ("Seller"), and COLLIER COUNTY, a pol itical subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East,c/o County AttorneY's Office, Suite 800, NaPles,
FL34112 (the "Coun$").
Recitals:
A. Seller owns certain real properg in Collier County, Florida, commonly known 2945 10th Avenue
NE, Naples, FL 34120 (the "Property"); and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit'A"
attached hereto (the "Parcel").
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the county hereby
agreeStopurffitermsandconditionssetforthinthisAgreement'
2. COMPENSATION.
A. Amount. The compensation payable by the County for the Parcel shall be $75,000.00, subject
to prorations, affirtlonments, and distribution of salei proceeds frovided for in this Agreement, together with
statutory attorn'ey fees in the amount of $5,{81.00 made payable to Craig D. Blume , dlbla Blume & Long'
Attorneys at Law. No portion of the compensation is attributable to personal proper$.
B. Full Comoensation. The payment of the net sales proceeds to Seller, payable by County check
at ctosing (d;finA-ffiwfhail ue (i) iun compensation for the Parcel, including, without limitation, all
improvemients located on t'he parcel as'of the datb of this Agreement; and (ii) full and final settlement of all
other damages and expenses suffered or incurred by Sellei in connection with Seller's conveyance of the
parcel to t[e County, whether foreseen or unforeieen, including, without limitti-on, and to the extent
applicable, attorneys'iees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DATE: POSSESSION.
A. Ctosinq Date. Selter's conveyance of the Parcel to the County (the "Clos.ing') shall occurvithin
30 days of tnefifilffieipt of all properiy executed Closing Documents (defined below). TIME lS OF THE
ESSENCE. The Closing shall take itaie ai the offices of the coun$'s Transportation Engineering Division,
2885 Horseshoe Drive South, Naples, Florida U104.
B. No Adverse Chanoes: Risk of Loss. The County's obligation to close shall be contingent upon
thecountynatethattheCbuntycompletesitsduediligenceinvestigations
and inspettions under this Agreement and the Closing, there shall have been no adverse changes in the title,
physicil condition of the Pariel, or other matters previously approved by the County. Between the date of the
par1"s' execution of this Agreement and the Cl6slng, risk of bss shall be borne by Seller. lf the Parcel is
iamaged prior to Closing, eictuding damage caused-by the County, Seller shall repair and restore the Parcel
at Seller's expense.
1
CAO
Page 1724 of 5277
C. possession. Seller shall remove Seller's personal property, v-ac3te, and surrender possession
of the parcel to the Co-unty at Closing. Seller shall leave the Parcel free of all personal property and delris
and in substantially the same condition as exists on the date of Seller's execution of this Agreement. The
County shall have the right to inspect the Parcel prior to Closing.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
SellershalliletnecountvwithacopyofSeller'spropertysurveyandtitleinsurancepolicyforthe
Proper$, if ;li, and (ii) deliver ine toltowing documents to $e Coun$, properly executed and in a form
approv6O by th-e Cottier Coung Attorney's Office (the "Closing Documents"):
Warranty Deed;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence oi teg'al authority ind capacity of the individual executing this Agreement on behalf of
Seller to execule and deliver this Agreement and the Closing Documents;
A Satisfaction, Partial Release, or iermination from the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termin-ation of any leases or rental agreements that encumber the Parcel;
A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel,
if required by the County; and
Such other documents is the County or title company deems necessary or appropriate to clear
title to the Property.
(a)
(b)
(c)
(d)
(e)
(D
(i)
(g)
(h)
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
Coung o-r tile compa-ny to correct clerical errori, clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS AND DEDUCTIONS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyanceinffirativeinstrumentsrequiredtocleartitle;and(ii)thecostofanowner,S
poticy bf titte insurance ii tire Couniy elects to obtain one. Ad'Oitionally, the County may elect to pay reasonable
costi incurred and/or processing iees required by mortgagees or other lien holders in connection with the
delivery of properly exdcuted Saiisfaction, ileleases, or Terminations of any liens open of record encumbering
the propertrT. tnebounty 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 sJate_documentary stamp taxes
requiredontn@nt(s)inacc-ordancewithSection2o1.o1,FloridaStatutes,unlessthe
pr6perty is acquired under the threat of'cbndemnation, in which case the conveyance is exempt from state
documentary siamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
for in this Agreement that'miy b6 re{uireO by any mortgagee, lien holder, or other encumbrance holder as
payoff, payd'own, or for the protection'of its s6curiiy interesi, or as. consideration due to any diminution in the-
,atue oi iti property right; (iii) alltaxes and assessments that are due and payable; and (iv) the full amountof
condominium/homeowner'aisociation 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 ideniity 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 irroperty is located within a Community Development District
("iOO') or Municipal Service or Benefit Taxing Unit (';MStU), the County shall assume any outstanding capital
balance on the Parcel.
B. prorations. The following items shall be prorated as of the date of Closing, with the County entitled to
tfre Oate of Cbsing: (i) a'd valorem taxes based upon the most current assessment available, without
discount, providect that if the current year's tax Uill 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.
2
c4r,
Page 1725 of 5277
6. TRRTGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located 9.n
the parcel, it anlr, inc,tuOing, but not iimited to, irrigation lines, sprinkler valves, electrical wiring, etc. (.Systems"),
prior to the commenceme]rt of construction, without any further notification from the county. Seller assumes
iull responsibility for the relocation of all Systems ani their performance on the remainder proper$ after
relocation. Seller holds the Coung 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 Coun$ has compensated Seller for
thevalueotatt@ping("lmprovemen[s',)locatedwithintheParcel,andyettheCounty
is willing to permii Seller to salvage said lmpiovements provided same are removed from the Parcel prior to
the corimeicement of construction. lf Setter etects 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 Cbunty. All lmprovements iemaining on the Parcel at the time of commencement of construction shall be
deemed abandoned by Seller.
C. This section shalt survive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. lnspections. Following the date of the parties' execution of this Agreement, the County shall
have the rignt,Zt
-ns
sote cost and eipense, to conduct whatever investigations and inspections of the Parcel
that it deJms appropriate, includin!, without limitation, a title examination, property suryey' appraisal,
environmental assessments, enginee-ring studies, soil borings, determination of compliance of the Parcel with
applicable laws, and the like. SJtter snatt provide the County with reasonable access to the Parcel to conduct
on-site inspections. The County shall piomptly repair any damage to the Parcel caused by such on-site
inspections.
B. Countv's Riqht to Terminate. Notwithstanding anything in this Agreement to the contrary' the
County'soutig@nttopurchasetheParcelarecontingentupontheCoun$'s
satisfaction w1h the parcel, includi-ng, without limitation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the Gounty identifies any objectionable matters and
determines that such objections cannot be resolved tolhe County's satisfaction through reasonable diligence'
within a reasonable peiioo of time, and at a reasonable cost, all as determined by the County in its sole
discretion, the County shall have the right to terminate this Agreement by written notice_to Seller, whereupon
neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectiff such objections'
8. SELLER'S REPRESENTATTONS AND WARRAl.lTlEq. seller. makes the following
representatioofthisAgreement,andshallbedeemedto
have repeated same at Closing:
(a) Seler is the sole owner of fee simple title to the Proper$ and has full righ.t, 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, Set6i snill discloie same to the County in the applicable Closing Documents.
(c) Seller's tifle to the Properg is free and clear of all mortgages and other liens.and encumbrances,
except as may Oe Oisitos6O in the title commitment, titb report, or attorney title opinion obtained
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 Parcel to a third party, or grant to
3
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Page 1726 of 5277
Page 1727 of 5277
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a
Saturday, SunOay or tEla=t noliday, 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 cannot be, performed
prior to tfre Ctosing including, 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
unenforceabte, sucn 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 Agreem-ent unless such waiver is in writing. Any such wriften 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. Governinq Law: Venue. This Agreement shall be governed and construed in accordance with
the laws of tne State of ftoriOa. ltt Oisputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue'
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
ps1g./i(ndih lu 2025 SELLER
WLLIAM
Date:2025 COUNTY: COLLIER
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality:
DEREK D. PERRY, ESQ.
Assistant County Attorney
Last Revised 3/2223
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders , chairPerson
5
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Page 1728 of 5277
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IIGAL DEEEPnON FOR PARCEL 1374F8
A PORTION OF TRACT 98, GOLOEN GATE ESTATES UNIT 75, A5 RECORDEO IN PLAT BOOK 5, PAGE
11, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION JI, TOWNSHIP +8
SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORIH 1OO FEET OF ]HE FIST 165 FEET OF SAID TMCT 98,
CONTAINING 16,500 SOUARE FEET, ALSO BEING 0.37 ACRES, MORE OR LESS.
Digitally signed
by Michael
Ward
Date:
2024.03.13
1l:42:38 -O4'00'
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SKETCI{ & OESCRIPNOI ONLY
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Page 1729 of 5277