Agenda 02/24/2015 Item #16A 8 2/24/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way,
Drainage and Utility Easement (Parcel 277RDUE) required for the expansion of Golden Gate
Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040(Estimated Fiscal
Impact: $59,100).
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 a 1,875 square foot, more or less,
perpetual, non-exclusive Road Right-of-way, Drainage and Utility Easement(Parcel 277RDUE). Parcel
277RDUE is part of the 1.17 acre parent tract owned by Raul Figares (Property Owner) currently
improved with a single family home and located on the north side of Golden Gate Boulevard, between
18th and 20th Streets Northeast.
The accompanying Real Estate Appraisal Report prepared by RKL Appraisal and Consulting, dated May
10, 2014(the appraisal),reconciles to a market value for the parent tract property(The East 75 feet of the
West 150 feet of Tract 72, Golden Gate Estates Unit 50) of$10,000 per acre. Per the appraisal,the total
value of the easement is $33,700. However,the market value of the subject property, an estimate in and
of itself,and the compensation due and owing to the owner of the parent tract is relatively insignificant in
the context of the overall cost of acquiring the necessary easement rights. The attached easement
agreement reflects an amicably-negotiated "global settlement" amount of $59,000 that includes the
compensation to the owner, the owner's attorney fee and the fee they paid for an Engineering Report.
Had the relationship between the Property Owner, the owner's attorney and County staff become
adversarial, it is very likely that other experts might have been brought in to manufacture a claim for
additional severance damages and the development of expensive curative measures; the property (Parcel
277RDUE)would have been taken by condemnation and the cost to acquire the right-of-way required for
the construction of the project would have risen far beyond the actual value of the right-of-way involved.
Accordingly, staff is recommending that the Board of County Commissioners (the Board) approve this
agreement for the purchase of Parcel 277RDUE.
FISCAL IMPACT:Funds in the amount of$59,100($50,000 purchase price,$9,000 attorney and expert
fees, approximately$100 for recording fees)are available in Transportation Capital Improvement Project
60040 Golden Gate Boulevard— Wilson to DeSoto. 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 the 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 BCC 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
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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 of Collier County:
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. 277RDUE 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 that Collier County is required to pay under the
terms of the Easement Agreement 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 required to carry out the collective will of the Board.
Prepared by:Deborah Farris, Senior Property Acquisition Specialist,GMD,Transportation Engineering
Attachments:
(1)Easement Agreement;
(2)Property Location Map;
(3)Appraisal Report dated May 10,2014.
http://www.colliergov.net/ftp/AgendaFeb1015/GrowthNgmt/Parce1227RDUEAppraisalReport.pdf
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2/24/2015 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement(Parcel 277RDUE) required for the
expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project
No. 60040 (Estimated Fiscal Impact: $59,100).
Meeting Date: 2/24/2015
Prepared By
Name: FarrisDeborah
Title:Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management
1/28/2015 3:24:36 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineering&Construction Management
Date: 1/29/2015 8:34:59 AM
Name: DelateJoseph
Title:Project Manager, Senior,Transportation Engineering&Construction Management
Date: 1/29/2015 1:21:47 PM
Name: PutaansuuGary
Title:Project Manager, Principal,Transportation Engineering&Construction Management
Date: 1/29/2015 1:32:02 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 1/29/2015 5:03:00 PM
Name: BoschRobert
Title:Right Of Way Coordinator,Transportation Engineering&Construction Management
Date: 1/30/2015 9:09:39 AM
Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
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2/24/2015 16.A.8.
Date: 2/2/2015 3:08:30 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 2/2/2015 6:13:10 PM
Name: TaylorLisa
Title:Management/Budget Analyst,Transportation Administration
Date: 2/3/2015 3:33:24 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/4/2015 9:05:07 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/11/2015 8:40:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2015 9:46:45 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 2/13/2015 4:48:01 PM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 2/15/2015 8:23:32 AM
n
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4
PROJECT: Golden Gate Blvd#60040
PARCEL No(s): 277RDUE
FOLIO No(s): Portion of 39327560003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2015 by and between
RAUL FIGARES, a married man and surviving spouse of ANGELICA FIGARES,
deceased,whose mailing address is 2017 Tweedwood Circle, New Haven, Indiana 46774
(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 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. RECITALS -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. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of:
$50,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County
also agrees to pay the sum of$9,000 for engineering services provided by Thomas J.
Harrison, P.E., legal fees and all other costs incurred by the Law Office of Bella Y.
Patel, PA. Said aggregate payment of $59,000.00 shall be paid at closing by
County Warrant or funds wire transfer to "Bella Y. Patel, PA Trust Account", Attn:
Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, FL 33569, and 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 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 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
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following documents and instruments properly executed, witnessed, 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;
(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. TIME IS OF THE ESSENCE - 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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees
to relocate any existing irrigation system located on the Easement including irrigation ! f"..•
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
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 *.o salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All I
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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES-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
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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.
(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. 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 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.
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9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all t'1
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." In accordance with the provisions of
Section 201.01, Florida Statutes, 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 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. 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 representatives, successors, 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
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. ENTIRE AGREEMENT-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. BREACF-. AND TERMINATION - If either party faiis 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.
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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 of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Tim Nance, Chairman
AS TO OWNER:
DATEGG--p J if, 16,', 2-O/S7 `
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Witn6fss(Signature) ,RylZgares QV fu3 K• R. 1=;6 1
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Mness(Signature)
-ilia Yii.t./ .l C j
Name (Print or Type)
Approved as to form and legality:
`'1 Y.- � L1-1
roily Pein 1
Assistant County Attorney
Last Revised:12/10/2014 ! i
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LEGAL DESCRIPTION FOR PARCEL 277 RDUE
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LOCATION MAP
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