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Parcel 280RDUE PROJECT: Golden Gate Boulevard 60040 PARCEL: 280RDUE FOLIO: Portion of 39386800005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this2g44I ■ day of Ik\-Net-\\ , 2015, by and between THE ESTATE OF GRAYCE F. MARESCA, deceased, whose mailing address is do Patricia M. Ahern, 550 S. Brentwood Drive, Mt. Laurel, NJ 08054, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and LP Page 2 other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform Page 4 hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the ��AO Page 5 compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. es Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ditt d ATTEST:`, ' BOARD OF COUNTY COMMISSIONERS DI Ail HT ("BR CK, Clerk c< COLLIER COUNTY, FLORIDA BY ltest toCfrairp suty Clerk TIM NANCE, Chairman Ignafure only,: App. e>± „in and legality ,,° t Coup ttotne Y O� Page 7 AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA DATED: itti d Viet Page 7 AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA DATED: 51)-1/5 By: Witness (Signature) PATRICIA M. AHERN Name (Print or Type) Witness (Signature) Name (Print or Type) W (Si By: Witne (Signature) PE R J. MARESCA Liv\1,14A tic �s Name (Print or Type)pet• Witness (Signature) Name (Print or Type) By: Witness (Signature) PHILIP J. MARESCA Name (Print or Type) Witness (Signature) Name (Print or Type) Page 7 AS TO OWNER: THE ESTATE OF GRAYCE F. MARESCA DATED: 31413' By: Witness (Signature) PATRICIA M. AHERN Name (Print or Type) Witness (Signature) Name (Print or Type) By: Witness (Signature) PETER J. MARESCA Name (Print or Type) Witness (Signature) Name (Print or Type) Wit '-ss (Signature) PHILIP J. MARESCA z_ss ccz J1 c i, 41 Name (Print or Ty•e) Witness ( ignature) DA Vit< de(of CA7- Name (Print or Type) Page 8 11I 1. 140 By: Wi ess (Signature) 'ER' J. MARESCA Cc rjASX Name (Print or Type) Witness (Signature) 1 rrc,._ 'v\(1 Name (Print or Type) Approved as to form and legality: Assistant County Attorney c , DC Last Revised:6/3/2013 _/ €� GOLDEN GATE BOULEVARD (CR 876) 151+03 152+00 153+00 I-- 1///54±00 155+00 156+00 I I I I LiI / / SOUTH LINE OF iii POINT OF 1 NOTTRH LIN6E2 OFJ J 50 / NORRACT 62 F c �COMMENCEMENTJ L3/ — o I T 0 F BEGINNING .1.∎.':,1 ♦♦♦.♦.♦.. (P O I N N.... ♦. 0 e PROPOSED ROADWAY EASEMENT C.YVQ' 'I PARCEL 280 RDUE `./V LL�� 4,176 50. FT. / i, WEST LINE OF + 4 '- EAST 105' OF O RACY 62 30' TRACT 61 TRACT 62 / `6" TRACT 99 GOLDEN GATE ESTATES • R UNIT 51 n N . a PLAT BOOK 5 PAGE 84 w is WEST LINE OF N EAST 30' OF . �` TRACT 62 W 1I� E 0 S EAST 105' OF a • a TRACT 62 51- FLETES MARESCA EST 5 OR 3911/1522 OR 984/1328 SACKOWITZ I J1 OR 3798/1493 LINE TABLE LINE BEARING LENGTH TECM- ROW LI N89'31'01"E 225.03' L2 S00'28'43"E 50.00' SO. FT. SQUARE FEET MAR 0 5 2010 L3 N89'31'00"E 75.02' OR OFFICIAL RECORDS (BOOK/PAGE) L4 SO0'28'41"E 73.00' L5 N45'29'00"W 28.29' 7�.� � PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) I ��� L6 589'31'00"W 55.01' / EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L7 NO0'28'43'W 53.00' // USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 84 LEGAL DESCRIPTION FOR PARCEL 280 RDUE A PORTION OF TRACT 62, GOLDEN GATE ESTATES, UNIT 51 AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 62: THENCE N.89'31'01°E., ALONG THE NORTH LINE OF SAID TRACT 62, FOR 225.03 FEET TO A POINT ON THE WEST LINE OF THE EAST 105 FEET OF SAID TRACT 62; THENCE S.00'28'43"E., ALONG SAID WEST LINE, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 FEET OF SAID TRACT 62 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89'31'00"E., ALONG SAID SOUTH LINE, FOR 75.02 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF SAID TRACT 62; THENCE S.00'28'41"E., ALONG SAID WEST LINE, FOR 73.00 FEET; I THENCE N.45'29'00"W., FOR 28.29 FEET, THENCE S.89'31'00"W., FOR 55.01 FEET TO A POINT ON THE WEST LINE OF THE EAST 105 FEET OF SAID TRACT 62; THENCE N.00'28'43"W., ALONG SAID WEST LINE, FOR 53.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 4,176 SOUARE FEET, MORE OR LESS. 0 40 80 100 iNOMINEES M A WARD.PROFESSIONAL SURVEYOR&MAPPER SKETCH & DESCRIPTION ONLY Nom= ■ FLORIDA REGISTRATION DE�y TE i.5301 NOT A BOUNDARY SURVEY SCALE: 1"-8O' SIGNNG DATE: J 4f1p NOT VALID WITHOUT THE ORIGINAL SIGNATUR A RIUSED EMBOSSED SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. GOLDEN GATE BOULEVARD DU,/\ SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTIN3333 Cwil BeiNeedo8 j t t TA. 1 Seaveylos R Moping PARCEL 280 RDUE 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER I REVISION I SECTION TOWNSHIP I RANGE 1 SCALE I MAR. DRAWN BY I FILE E I SHEET 050217.00010001 REV 0 4 1 80 2010 S.D.L. SK 280 1 OF 1 BelpedioJennifer From: SweetMichelle Sent: Wednesday, April 29, 2015 9:42 AM To: BelpedioJennifer Subject: RE: Easement Agreement-28ORDUE/Estate of Grayce F. Maresca/39386800005 Attachments: Aerial.pdf Yes, it's at 20`x' Street as shown on Exhibit B. See attached aerial. Nile& 4. Saver, tilZVP Property Specialist Transportation Engineering;ineering- ROW Growth Management Department Collier County Government. 2885 South Horseshoe Drive Naples, FL 34104 239-252-6027 MichelleSweet a colliergov.net Cvifer County From: BelpedioJennifer Sent: Wednesday, April 29, 2015 8:49 AM To: SweetMichelle Subject: Easement Agreement - 28ORDUE/Estate of Grayce F. Maresca/39386800005 Hi Michelle, I looked up the parcel by folio in the Property Appraiser's database and there was not an address identified. Can you please confirm that the parcel is identified on the attached resolution. I am presuming it is on Exhibit B because it is not on Exhibit A? Let me know so I may continue the routing of the Easement Agreement for Chairman signature. Thank you, Jennifer Under Honda Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Print Map ' N.1., -<-47414 t----'''-:::14:-1::itul iF R 4 ik t.� 1 3fa�;„a�S:L'TSC t Ar` s, �"+�dal' m�` "� 1 vc'„ s a a �g r ,4.,, ,--,.., ,.„-,,,,,„a yap iS, �' � '0 �� MAP LEGEND ' :':;:t'''':: 1:"1::::':1"4:'''''''*4::: ::1‘S.J./41::::'' Ek '': :4'" '''''.:i 1'404,31' v ''' .1 '� ���� ��°,.,,,,,,,,,,,.4,(''',',4‘.,"r a� �€ � � � 5treei Wsrn�s•a ; ., , 00, t n o- ,'',..':117;:,‘.:0.,i � isdlvta7ons S\ i R ,, - t ��' +,r' Aerial* 3414 j6 to h Urban]• & • -,-,= ,..'.. �€. " ' :a Aerials 2014(.2 P 7) �M, E .' t • � Li Bullding Pool rtnka i r Li Collier County A ;, � ale r a€ .vim .4. ......._-___�_ � � � � .��"s�°�n�:�� � ,,,,,...,-,1,,,....,---.,' `� a�a Folio Number:39386800005 � ° ai�� ��� � �� � .:%:.,,. f..:;11,''''•''','''.1' � Name:MARESCA ESTATE, 3 � GRAYCE � � �. � � Street#&Name:NO SITE 4 �s .ea? :,:• �a � ,r �� .'-%,:'::: �� �'� � � �� � #� �� ADDRESS � ���,,,� , � � �� � ��,t� �jf& ,� EST UNIT 51 E 105FT OF TR 62 OR 984 PG 1328 ' t 2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/...75&Iayerlist=1111001 1111&aerials=Collier_2014&sales4)FF&selid=39386800005&pid=39386800005&subdivision=&trs=[6/5/2014 3:45:12 PM] Agenda Item No. 10D October 23, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of right-of-way and related easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase One project limits), and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto Boulevard.) Project No. 60040. Estimated fiscal impact: $18,411,297.00. OBJECTIVE: To repeal Resolution No. 2007-292, and to adopt a new resolution authorizing the acquisition by gift or purchase of right-of-way and related easements necessary for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase One project limits), and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto Boulevard.) CONSIDERATIONS: On October 9, 2007, the Board of County Commissioners adopted Resolution No. 2007-292, delegating administrative settlement authority to the County Manager or his designee to approve the purchase of real property up to $50,000 above its appraised value without regard to the appraised value itself. It is being recommended that Resolution No. 2007-292 be repealed and replaced with the attached resolution in order to limit the delegation of that settlement authority, without further Board approval, to twenty-five percent (25%) above the County appraiser's estimate of compensation to the property owner up to a maximum of $50,000 above the County appraiser's estimate of compensation to the property owner. This authorization to offer up to 125%but not to exceed $50,000 over the County's appraisal relates to the property being acquired and not to the overhead expenses related to processing the transfer of ownership (i.e., attorney, appraiser, and other expert fees, title insurance, recording fees, etc.) The ability to accommodate Administrative Settlements is sought to assist in the rate of negotiated settlements and to reduce the costs associated with condemnation of needed parcels. FISCAL IMPACT: It is estimated that the total cost of the right-of-way which must be purchased will be $18,411,297.00. This amount includes the cost of the land required for construction, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee fund. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program, the expansion of Golden Gate Boulevard (Project No. 60040) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: Agenda Item No. 10D October 23, 2007 Page 2 or 9 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager Transportation Engineering and Construction Management Department Attachment: Gift and Purchase Resolution w/Exhibits Page 1 of 1 Agenda stern No.100 October 23,2007 Page 3of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: Recommendation to adopt a resolution authorizing are acquisition by gift or purchase of right- of-way and related easements necessary for the construction of roadway,drainage and utility improvements required for the expansion of Golden Gate Boulevard from west of Wilson boulevard to east of Everglades Boulevard(Phase One project limits),and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both Phases One and Two(from west of Wilson Boulevard to east of Desoto Boulevard.)Project No.00040.Estimated fiscal impact:$18,411.297.00.(Norman Feder, Transportation Services Administrator.) Meeting Date: 10/23/2007 9:00.00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 10110/2007 3:56:05 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 10/10/2007 4:09 PM Approved By Najeh Ahmed Director Date Transportation Engineering& Transportation Services 10/1112007 7:41 AM Construction Management Approved By Norm E.Feder,AICP Transportation Division Administrator Date Transportation Services Transportation Services Admix, 10/1112007 8:44 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admix 1011112007 11:07 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/11/2007 1:58 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 10/1112007 2:34 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management&Budget 10/12/2007 11:58 AM Approved By Michael Smykowski Management&Bridget Director Date County Manager's Office Office of Management&Budget 1011212007 3:31 PM Approved By James V,Mudd County Manager Date Board of County Commissioners County Manager's Office 10/15/2007 11:20 AM file://C:\AgendaTest\Export\91-October%2023,%202007\10.%2000UNTY%20MANAG... 10/17/2007 Agenda Item No. 10D October 23, 2007 Page 4 of 9 RESOLUTION NO. 2007- A RESO UTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIG -OF-WAY AND RELATED EASEMENTS NECESSARY FOR THE CONSTR CTION OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS REQU D FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST O WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD (PHASE NE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENT ON AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO (FROM ST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.) (PROJE NO.60040.) WHE EAS,the Board of County Commissioners(Board),on June 7,2005,adopted rdinance No 2005-25 therein establishing the Capital Improvement Element of the Growth Management lan in order to establish priorities for the design,acquisition and construction of 1 the various coital improvement projects;and WHE AS,the Transportation Element of the County's Comprehensive Plan was ILopted in Or inance No.2005-25;and WHE AS,the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard(Project No.60040)is one of the capital improvement projects required under the Transport ion Element of the County's Comprehensive Plan;and WHE AS, the expansion of Golden Gate Boulevard from two lanes to four lanes (and timately six anes)from west of Wilson Boulevard to East of Everglades Boulevard,the"Phase l e ne" limits o the project corridor, as depicted in Exhibit "A" attached hereto and incorporated herein, and th acquisition and construction of stormwater retention and treatment ponds along I Phases One and Two of the project corridor,in the locations collectively represented by the legal i escriptions d picted in Exhibit `B" attached hereto and incorporated herein, are necessary in rder to prote t the health, safety and welfare of the citizens of Collier County, and will assist oilier Count in meeting certain concurrency requirements of the Growth Management Plan for Collier Count W AS, 9, 0 ry lution o mNo. authorizinary g t e acquisitio of those on fee October simple and permanent the Board and adopted temporaRes easeent interests 2007-292 necess f r the expans on of Golden Gate Boulevard and for the construction of stormwater retention and t eatment pon s;and WHE AS,the Board desires to amend the delegations of authority in Resolution No. 2007-292. f Agenda Item No. 10D October age 5 of 9 II NOW,JTHEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY OMMISSIO RS OF COLLIER COUNTY,FLORIDA,that: The B i and has determined that the expansion of Golden Gate Boulevard from west of ilson Boule and to DeSoto Boulevard,Project No.60040(hereinafter referred to as"the oject"),is n•cessary and in the public's best interest in order to protect the health,safety and Welfare of the itizens of Collier County. 2. The c. struction of the Project is an integral part of the County's long range planning effort,and is included in the Transportation Element of the County's Comprehensive Plan for t Growth Management,as approved by the Florida Department of Community Affairs. It is necessary and in the best interest of Collier County for the Board to authorize he quisition of .ght-of-way in either fee simple,or as easements for roadway,drainage and/or tility purpos ,as well as temporary construction and driveway restoration easements,within hase One of the Project corridor,identified on Exhibit"A"(attached hereto by reference and made a part hdreof),and stormwater retention and treatment pond sites in fee simple within Phases 1 and of the Project corridor(the Phase Two limits of the project corridor are from East of Everglades oulevard to East of DeSoto Boulevard),in the locations collectively represented y the legal d scriptions depicted in Exhibit`B"attached hereto and incorporated herein,as best s its the need of the project;and the County Manager or his designee is hereby authorized and irected to ac uire said right-of-way and stormwater retention and treatment pond sites by either ift or purcha . 4. The B and hereby directs the County Manager or his designee to make purchase offers to property own s based upon appraisals prepared for Collier County by licensed real estate appraisers. $. In view of the differences of opinions between real estate appraisers as to property owner mpensation stimates,and in view of the cost of condemnation, the Board hereby authorizes t e County M nager or his designee to approve right-of-way,easement,and stormwater retention d treatment and site purchases where the property owner has agreed to sell the required land ghts to the Cpunty at,or up to twenty five percent(25%)above,Collier County's appraiser's estimate of fula compensation to the property owner,with the maximum approval authority not to exceed$50, over the County's appraiser's estimate of full compensation. Such purchase -Page 2- E 1 Agenda Item No, 10D October 23, 2007 Page 6 of 9 approvals are iereinafter referred to as"Administrative Settlements." Each and every proposed settlement ov1r one hundred and twenty-five percent(125%)or over$50,000 above the County's appraiser's es#mate of full compensation shall require separate Board approval. I 6. The Bard hereby authorizes its Chairman,and any subsequent Chairman for the life of the Project,upon the approval of the Office of the County Attorney as to form and legal sufficiency,tol execute Easement Agreements and Purchase Agreements for right-of-way and/or 1 stormwater retiention and treatment pond sites,where the property owner has agreed to sell the I required land fights to the County at its appraised value,or within the Administrative Settlement provisions of paragraph 5(above);and the Board hereby authorizes its present Chairman,and any subsequett Chairman for the life of the Project,to execute any instruments which have been approved by t4e Office of the County Attorney,to remove the lien of any encumbrance and for any such othe purpose as may be required. 7. Said 'nistrative Settlement authority is delegated by the Board to the extent that such I delegation does not conflict with the provisions of Section 125.355,Florida Statutes. 8. Where4the property owner agrees to convey a necessary interest in real property to the County,through the execution of a"Purchase Agreement"or"Easement Agreement,"and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may kquire,the Board hereby authorizes the Finance Department to issue warrants, Ii and/or to mak wire transfers,payable to the property owner(s)of record,and to others who may possess an egt.itable interest in the subject right-of-way parcels or stormwater retention and treatment sites,in those amounts as shall be specified on a Closing Statement. 9. All titlt to real property which has been obtained in the manner described above shall be deemed"accepted"by the Board of County Commissioners,as the governing body of Collier County,Florida,a political subdivision of the State of Florida,and as such,staff is hereby authorized to record in the Public Records of Collier County,Florida,deeds,easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 10. Resolukion No.2007-292 is hereby repealed in its entirety. -Page 3- . Agenda Item No. 10D October 23, 2007 Page 7 of 9 This R-solution,adopted on this day of ,2007,after motion, second and m.jority vote. 1 I'hST: BOARD OF COUNTY COMMISSIONERS WIGHT E. ROCK,CLERK OF COLLIER COUNTY,FLORIDA By: JAMES COLETTA,CHAIRMAN Approved as t• form and legal sufficien y: eidi F.Asth i n-Cicko ssistant Coui ty Attorney -Page 4- m. A !( EXHIBIT..:1.-. No. 1 D • f page t..er 23, 2 07 —Page$ f9 ti "' d „•&r r ,.' 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I I Agenda Item No. 10D • EXHIBIT B October 23, 2007 Page 9 of 9 GOLDEN GATE BOULEVARD POND SITE PARCELS ( ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE Parcel No. L gal DescriptIon: PSP1 W 1 T e East 165 feet of Tract 18, Golden Gate Estates Unit No. 13,according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the p '.lic records of Collier County, Florida. Folio No.37221200005. PS'1W2 T e West 180 feet of Tract 19, Golden Gate Estates Unit No. 13,according to th•: plate thereof, as recorded in Plat Book 7, Pages 71 through 72,of the public records of Collier County, Florida. Folio No. 37221280009. PS•1E1 T I!,- West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to th: plate thereof,as recorded in Plat Book 7, Pages 71 through 72, of the puslic records of Collier County, Florida. Folio No. 37228760001. PS•1E2 T ,= East 200 feet of Tract 130,Golden Gate Estates Unit No. 13,according to th:'- plate thereof, as recorded in Plat Book 7, Pages 71 through 72,of the pu.lic records of Collier County, Florida. Folio No.37228720009. PSF 2W 1 T '= East 180 feet of Tract 57, Golden Gate Estates Unit No.48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of C•Ilier County, Florida. Folio No.39204000000. PSP2W2 T - West 150 feet of Tract 57, Golden Gate Estates Unit No.48,according to the plate thereof,as recorded in Plat Book 5, Page 78,of the public records of Collier County, Florida. Folio No.39204040002. PSP2E1 Th North 350 feet of Tract 127, Golden Gate Estates Unit No. 13,according to th plate thereof,as recorded in Plat Book 7, Pages 71 through 72,of the public records of Collier County, Florida. Folio No. 37228540001. I PSP2E2 Thl- South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according to he plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the 1 public records of Collier County, Florida. Folio No.37228520005. PSF3W1 Th: West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to th: plate thereof,as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No.39394600006. PS'3W2 Th: West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit N•.51,according to the plate thereof,as recorded in Plat Book 5, Page 84,of the public records of Collier County, Florida. Folio No. 39394680000. PS'3W3 Th East 75 feet of Tract 153, Golden Gate Estates Unit No.51,according to th: plate thereof,as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No.39394640008. PSI�3E Tr.ct 63, Golden Gate Estates Unit No. 80,according to the plate thereof, as red orded in Plat Book 5, Page 18, of the public records of Collier County, Flo rida. Folio No.40866000000. PSP4 Tr.ct 19, Golden Gate Estates Unit No.78, according to the plate thereof, as recorded in Plat Book 5, Page 16,of the public records of Collier County, Florida. Folio No.40741080006