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Agenda 09/13/2016 R Item #16A 6 16.A.6 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 403RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal Impact: $9,210. OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard(Project). CONSIDERATIONS: Collier County is seeking to purchase Parcel 403RDUE, a perpetual, non- exclusive road right-of-way, drainage, and utility easement of varying widths containing approximately 6,550 square feet needed for construction of the Project. This easement is situated along the road frontage of a parent tract owned by Juan and Maria Bustamante. The appraisal prepared by Carlson,Norris and Associates, Inc. on January 6, 2016, estimates the value of Parcel 403RDUE at$2,400. The attached easement agreement is the culmination of negotiations with the owner's attorney and is a settlement amount of$7,500 plus statutory attorney fees of$1,683, for a total of $9,183. If Parcel 403RDUE is not acquired by negotiation, it will have to be condemned and the County will be liable for inflated costs of additional owner's attorney fees, appraisal, and other expert fees as well as possible severance damages. Such costs would far exceed the difference between the appraised value and the negotiated settlement price. FISCAL IMPACT: Funds in the amount of$9,210, being the aggregate settlement price of$9,183 and recording fees of$27, will be required. The primary funding source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. Incremental maintenance costs for Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard are estimated at $3,000 per year for mowing and garbage removal. The cost to maintain stormwater management infrastructure will be approximately $5,000 on a three to five year basis. New roadway construction has a maintenance curve of approximately five to seven years before any incremental costs are required for repairs. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: . To approve the attached easement agreement and authorize the Chairman to execute same on behalf of the Board; . To accept the conveyance of Parcel 403RDUE and authorize the County Manager, or his designee,to record the conveyance instrument in the public records of Collier County,Florida; . To authorize the payment of all costs and expenses that Collier County is required to pay under the Packet Pg.491 16.A.6 09/13/2016 terms of the easement agreement to close the transaction; . To authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the easement agreement; and . To authorize any,and all,budget amendments that may be required to carry out the collective will of the Board. Prepared By: Karen Dancsec, Property Acquisition Specialist, ROW, Transportation Engineering Division, Growth Management Department. ATTACHMENT(S) 1.Easement Agreement (PDF) 2.Location Map (PDF) 3. [Linked] Appraisal (PDF) Packet Pg. 492 1 6.A.6 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Item Summary: Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 403RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal Impact: $9,210. Meeting Date: 09/13/2016 Prepared by: Title: Property Acquisition Specialist—Transportation Engineering Name: Karen Dancsec 07/15/2016 11:18 AM Submitted by: Title: Division Director-Transportation Eng—Transportation Engineering Name: Jay Ahmad 07/15/2016 11:18 AM Approved By: Review: Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 07/20/2016 2:55 PM Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 07/20/2016 3:55 PM Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 07/26/2016 7:22 AM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 07/26/2016 4:25 PM Road Maintenance Travis Gossard Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 7:12 AM Transportation Engineering Gary Putaansuu Level 1 Sim.Reviewer 1-8 Completed 08/15/2016 7:54 AM Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 08/15/2016 11:44 AM Growth Management Department Diane Lynch Level 2 Division Reviewer Skipped 07/26/2016 4:25 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/17/2016 9:45 AM County Attorneys Office Debbie Allen Level 2 Attorney Review Skipped 08/25/2016 2:11 PM Growth Management Department Diane Lynch Level 3 Division Reviewer Skipped 07/26/2016 4:25 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2016 2:30 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/25/2016 2:54 PM Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 10:44 AM Growth Management Department Diane Lynch Level 4 Division Reviewer Skipped 07/26/2016 4:26 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 1:33 PM Packet Pg.493 16.A.6 09/13/2016 Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg.494 16.A.6.a PROJECT 60145- Golden Gate Blvd PARCEL(a): 4O3RDUE F{}L|D(s): 40682320003 and 40682280004 EASEMENT AGREEMENT THIS EASEMENT AGEEK3E T (herefter referred to as the "Agreement") is made and entered into on this �� � day of . 2016, by and between JUAN I. BUSTAMANTE AND MARIA BUSTAMANTE, husband and wife, whose mailing address is 5609 Parkaire Drive, Metaine, LA 70003-2319 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida. whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attormay, Suite 800. Nap(es, Florida 34112 (hereinafter referred to as "County"). cc WHEREAS, County requires a perpetual, non-exclusive road nght'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 `a• referred to as the "Easement" and un 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 prornions, the sum of Ten Dollars (r) (S10.00), and other good and valuable consideration, the receipt and sufficiency of m which is hereby mutually aoknow|edged, it is agreed by and between the parties as follows: 1 RECITALS All of the above recitals are true and correct and are hereby expressly .12 incorporated herein by reference as if set forth fully below. and all Exhibits referenced herein are made a part of this Agreement. 2 PURCHASE PRICE Owner shall convey the Easement to County for the sum of: $7,500.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"), County also agrees to pay attorney's statutory fees of $1,683 Said aggregate payment of 39183D0 (representing Owner's prnnaods, attorney's fees and all other costs) shall be paid at closing by County Warrant or funds wire transfer to "Rasco KlockTrust ~ and shall be full compensation for the Easement C0nv8‘yed. including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final / ~ Packet Pg. 495 16.A.6.a Page 2 settlement of any damages resulting to Owner's remaining |onds. costs to cure including but not limited to the cost to relocate the existing irrigation system and 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. CLOSING DOCUMENTS AND CLEAR TITLE Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the EasernenL the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the pubiic records of Collier County. Florida. Prior to Closing and as soon after the execution of this Agreement as is possibla. Owner snail provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, vvitnenSed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right of Way, Drainage, and Utility 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, co (e) W-9 Form: and Lu (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver ths agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. ~^ 4. TIME IS OF THE ESSENCE Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (SO) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing OOcuno8nts, whichever is the later. This agreement shall remain in full force and effect Lintil Closing shall OCCLJI. until and unless it is terminated for other cause. At C|oaing, payment shall be made to Owner in that amount shown on the Closing Statement as 'Net Cash to the Seller." 5 IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS Ownei agrees to relocate any existing irrigation system located on the Easement including irrigation |inas, 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 Packet Pg.496 \`_~, 16.A.6.a Page 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. 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 pject 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 Ovvncr. This provision shall survive Closing and is not deemed satisfied by conveyance of title, D MISCELLANEOUS REQUIREMENTS Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such w' requirement is made known to them or they are requested to do so. whichever is the earlier 7 REPRESENTATIONS AND WARRANTIES Owner agrees, represents and warrants the following: *c (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 8xeoute, deliver and perform its obligations under this Agreement and the �U 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 of any rights thenain, nor enter into any agreements granting any person or entity any rights with respect to the Easernent, without first obtaining the written consent of County to such conveyance, 8nCVcOb[aOc8, or agreement, which consent may be withheld by County for any reason whatsoever. '_ - Packet Pg.497 �_~ 16.A.6.a Page LI (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (1) 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 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 ce 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) E 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 `t substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - 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 ar 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement Packet Pg.498 1G�.G.a Page 5 instrument recording fees. In addition. County may elect to pay reasonable processing fees required by lien-holders and/Orea89[n8n('ho|ders 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 EaoernenL 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 rightshall be the responsibility of the (}wner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees ^ In accordance with the provisions of Section 20101. Florida 31atutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation 10. PRIOR YEAR AD VALOREM TAXES There shall be deducted from the proceeds re of sale all prior year ad valorem taxes and assessments levied against the parent -zr tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - 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 repr8sentativo5. suCCesSonS, successor trustees, and/or assignees, whenever the context so requires or admits 12. PUBLIC DISCLOSURE - 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 dioc|osure, 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 cci 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 3tatutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutrs ) 13ENTIRE AGREEMENT Conveyance of the Easenncnt, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, oonditions, 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 padies, and there are no other prior or contemporaneous written or oral agreernonhs, undedakmys, prnnniues, vvanantieo, 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 - '` `�-' Packet Pg.499 16.A.6.a Page 6 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement. such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - 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. 16. VENUE - This Agreement is governed and construed in accordance with the laws ce of the State of Florida. er IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date first above written. 4E' AS TO COUNTY: DATED w ATTEST: BOARD OF COUNTY COMMISSIONERS = DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA N co w BY: Deputy Clerk DONNA FIALA, CHAIRMAN AS TO OWNER: m DATED: 0 VA- - „ LOOP /6(2,„› Witness (Signature)j Juan I Bustamante s2-7 Ma'rel '/Nam (Print or Type) ile Witness (Signature) • Name (Print or Type) AND r.l. ') Packet Pg. 500 16.A.6.a Page 7 — . . ,•-•.&. / / Witness (SignAlure) MXnalBustamante /Vd/7 Name (Print or Type) ..,, m" --- _____ ___ Witn-ss (Signature) 0/20 7a-p‘.do //44-//01 Name (Print or Type) di c c w Approved as to form and legality. m I / — j A2:,Stant County Attorney E au cp 'ED < 1 ast Revised 05 /15 .5 a) E 0 0 ra LU 4.; c a) E = 0 .2 Packet Pg. 501 EXHIBiT „ Page _ 1 � t I (� € I y � '.1 n cc • D w Attachment: Easement Agreement (1564 : 403RDUE) �' 16.A.6.b LOCATION MAP E 403RDU (Z PARCELS TOGETHER bh he key w. .mob w r a �� t e 0 . 0 Ln 0. es• c b• O ++ o fur re0 ,W u A# „pa C t E 0 as 444,,, j `ai 3 ✓aq^ ` t t4 �, yy �t'I �P } /� �.f� P �+$ �' �`d. b dryxx Ki :P ✓''a 9"+ � '34 !:,,'''':'!""Zr,'"'?''' �1Sr�Pn 3Xs � ° ,17:::,:e"----i;,,' � q "r �e .�. � �t ervv �pS��As�'`,'4!1:11,1*--;":' a:�a ' �' Cf k t'u" ; ;.x k. Codd h Op L fi.7„, .E^ i �r ,.4 ' . * ' ,,,,,, �,, ,' o Packet Pg. 503