Agenda 01/13/2015 Item #16A13 EXECUTIVE SUMMARY 1/13/2015 16.A.13.
Recommendation to approve an Easement Agreement for the purchase of road right-of-way,
drainage and utility easement (Parcel 145RDUE2), required for the expan 'on of Golden Gate
Boulevard from east of Wilson Boulevard to 20th Street East. (Project No 60040.) Estimated
Fiscal Impact: $2,227.
OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from east
of Wilson Boulevard to 20th Street East(the Project).
CONSIDERATIONS: Collier County is seeking to purchase Parcel 145RDUE2, a 28 foot wide
perpetual, non-exclusive road right-of-way, drainage and utility easement,needed$br construction of the
Project. The easement is 4,200 square feet in extent and is situated along the roagl frontage of a parent
tract owned by Hortencia Sotelo and Mary Ann Garcia. The unimproved parent tract is located on the
north side of Golden Gate Boulevard just east of 2"d Street Northeast. The appraised value of the
easement is $1,000. Please refer in this regard to the attached appraisal report, dated March 5, 2014,
prepared by Wilcox Appraisal Services,Inc. The attached Easement Agreement reflects a negotiated full
compensation amount of$2,200, which is the minimum amount the owners are willing to accept for this
parcel. If the parcel is not acquired by negotiation, it will have to be condemned and the County will be
liable for payment of the owners' attorney's fees and other expert costs, which will far exceed the
difference between the appraised value and the negotiated compensation amount. Staff accordingly
recommends that the Board of County Commissioners(Board)approve the agreement.
FISCAL IMPACT: Funds in the amount of$2,227, being the purchase price of$2,200 plus 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. The county currently maintains Golden Gate Boulevard, so incremental maintenance costs
ultimately related to the improvements will be minimal compared to the overall benefits of Project.
Additional right-of-way acquisitions are required, which will add acreage to the mowing and garbage
removal maintenance at approximately $3,000 per year.Replacement of swales with closed drainage
(piping) has a useful life of approximately fifty years with recurring costs of periodic inspections and
system cleaning on a three to five year basis at an estimated cost of$5,000 per cycle.New roadway
construction has a maintenance curve of approximately 5 to 7 years before any incremental costs are
required for repairs or replacement.When the construction contract is brought before the Board for
approval,the maintenance costs will be revised if necessary.
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: That the Board of County Commissioners:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of
the Board;
2. Accept the conveyance of Parcel No. 145RDUE2 and authorize the County Manager,or his designee,
to record the conveyance instrument in the public records of Collier County,Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. 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 agreement;and
5. Approve any and all budget amendments which may be required to carry out the collective will of the
Board.
Prepared by: Robert Bosch,Right-of-Way Coordinator,Transportation Engineering.
Attachments: (1)Easement Agreement with Exhibit A;(2)Location Map;and(3)Appraisal Report dated
March 5,2014-due to the size of the report it is accessible at.
httv://www.collieraov.net/ftp/AgendaDec0 Packet Page-307-arce1145RDUE2Appisisal.pdf
1/13/2015 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve an Easement Agreement for the purchase
of a road right-of-way, drainage and utility easement(Parcel 145RDUE2), required for the
expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East.
(Project No. 60040.) Estimated Fiscal Impact: $2,227.
Meeting Date: 1/13/2015
Prepared By
Name: BoschRobert
Title: Right Of Way Coordinator,Transportation Engineering&Construction Management
11/17/2014 2:40:59 PM
Approved By
Name: HendersonHarry
Title: Review Appraiser, Transportation Engineering&Construction Management
Date: 12/5/2014 7:05:22 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 12/5/2014 7:27:12 AM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 12/5/2014 12:21:07 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 12/5/2014 2:51:59 PM
Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
Date: 12/5/2014 3:12:58 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
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Date: 12/5/2014 5:48:48 PM
Name: DelateJoseph
Title: Project Manager, Senior,Transportation Engineering&Construction Management
Date: 12/8/2014 2:19:21 PM
Name: GossardTravis
Title: Superintendent-Roads &Bridges, Road Maintenance
Date: 12/15/2014 6:39:21 AM
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineering&Construction Management
Date: 12/15/2014 8:20:54 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 12/16/2014 4:26:00 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 12/29/2014 8:48:09 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2014 11:10:30 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/30/2014 4:03:44 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 12/31/2014 9:21:06 AM
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PROJECT: 60040
PARCEL No: 145RDUE2
FOLIO No: 37282760005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2015, by and between
HORTENCIA SOTELO AND MARY ANN GARCIA, whose mailing address is 1641 Birdie
Drive, Naples, FL 34120 (hereinafter collectively referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, cio 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:
$2,200.00
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 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
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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) Perpetual, Non-Exclusive 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;
(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.
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
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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
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.
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(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
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
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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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
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AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk , Chairman
AS TO OWNER:
DATED: it I 24 ILI
Witness (Signature) HORTENCIA SOTELO
rrI
Name (Print or Type)
Witness (Signature)
24,4
Name (Print or Type)
Witnes (Signature) MARY ANN GARCIA
rYtt,- (2)-/-A KA) SOTJ-,C)
Name (Print or Type)
Witness (Signature)
5'M4
Name (Print or Type)
Approved as to form and legality:
4110 , 11)
S
Assistant County Attorney
Last Revised:6/3/2013
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PROJECT NO. 60040 EXHIBIT "A"
PARCEL NO. 145RDUE2
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 28 FEET OF THE SOUTHERLY 78 FEET OF THE EAST
150 FEET OF TRACT 37,GOLDEN GATE ESTATES UNIT NO 14,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7,
PAGES 73 AND 74, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. CONTAINING 4,200 SQUARE FEET, MORE OR
LESS.
NORTH PROPERTY LINE
150 FEET
WT PRODERTY I!NIP EAST PROPERTY I NE
nomitx;RAti INF
W7/07719/4
(GOLDEN GATE BLVD) (EXISTING 50 FT.RAN EASEMENT)
SrtiTH PROPPRTY INF
SCALE: 1 inch 100teet
Cagier County Real Prooeny Manarjemezz Deportment WIN RV AM
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LOCATION MAP
PARCEL 145RDUE2 - GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to Scale)
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