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Agenda 04/14/2015 Item #16A20 4/14/2015 16.A.20. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 153RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $11,500). 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 3,750 square foot, more or less, perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement on the north side of Golden Gate Boulevard(Parcel 153RDUE). Parcel 153RDUE is needed for construction of the Project and is part of the 2.34 acre improved parent tract owned by Cheryl D. Allison, by virtue of that certain Warranty Deed recorded at O.R. Book 5053,Page 1017, and Quitclaim Deed recorded at O.R. Book 5053, Page 1019,Public Records of Collier County,Florida,(Property Owner). The accompanying Appraisal prepared by Wilcox Appraisal Services, Inc. and dated February 2, 2015 estimated the current market value of Parcel 153RDUE (including improvements located thereon and Cost to Cure) is $6,600. However, this appraisal does not account for the overall costs of obtaining the subject easement should the relationship between the Property Owner and Collier County become adversarial. The attached easement agreement reflects an amicably-negotiated settlement amount of $11,000. Had the relationship between the Property owner and the County staff become adversarial, it is likely that an attorney, an appraiser and other experts might have been brought in to manufacture additional claims;the Parcel 153RDUE 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 way beyond the actual value of the right-of-way involved. Staff is recommending that the Board of County Commissioners (Board) approve the accompanying agreement for the purchase of Parcel 153RDUE. FISCAL IMPACT: Funds in the amount of$11,500 ($11,000 purchase price for Parcel 153RDUE and approximately $500 in recording and lender subordination fees) will be paid from gas taxes and/or road impact fees.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. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval-SAS 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: Packet Page-403- 4/14/2015 16.A.20. '1 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. 153RDUE 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. Authorize any and all budget amendments required to carry out the collective will of the Board. Prepared by: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering Division,Growth Management Department Attachments: (1)Easement Agreement(including Exhibit"A"legal description/sketch); (2)Property Location Map for Parcel 153RDUE; (3)Appraisal(Parcel 153RDUE). http://www.colliergov.net/ftp/AgendaApri11415/AppraisalReport.pdf Packet Page-404- lit 4/14/2015 16.A.20. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.20. Item Summary: Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement(Parcel 153RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $11,500). Meeting Date: 4/14/2015 Prepared By Name: FarrisDeborah Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management 3/3/2015 2:38:46 PM Approved By Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 3/3/2015 2:53:04 PM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineering&Construction Management Date: 3/3/2015 4:09:00 PM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 3/4/2015 8:06:17 AM Name: Tara Castillo Title:Management/Budget Analyst,Road Maintenance Date: 3/4/2015 10:21:59 AM Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 3/4/2015 11:41:52 AM Name: DelateJoseph Title:Project Manager, Senior,Transportation Engineering&Construction Management Packet Page-405- 4/14/2015 16.A.20. Date: 3/5/2015 9:49:35 AM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 3/5/2015 12:18:47 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 3/10/2015 3:45:57 PM Name: ShueGene Title: Division Director-Operations Support, Transportation Administration Date: 3/19/2015 3:54:17 PM Name: MarcellaJeanne Title:Executive Secretary, Transportation Planning Date: 3/23/2015 10:47:12 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 3/24/2015 9:42:23 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/24/2015 10:27:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2015 3:01:02 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 3/31/2015 11:48:07 AM Packet Page-406- 4/14/2015 16.A.20. PROJECT: Golden Gate Blvd#60040 PARCEL No: 153RDUE FOLIO No: Portion of 37285200009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2015, by and between CHERYL D. ALLISON, a single person, whose mailing address is 361 Golden Gate Blvd East, 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, 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. 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: $11,000 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 fences, gates, lighting, electrical wiring, 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 fences, including lights, gates and related electrical wiring (if any), 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. 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; Packet Page -407- 4/14/2015 16.A.20. (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 fences, including lights, gates and related electrical wiring (if any), irrigation system located on the Easement including 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 the fences, gates, electrical wiring, lights 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. Packet Page -408- `-' 4/14/2015 16.A.20. (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. 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- Packet CA Page -409- 4/14/2015 16.A.20. 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. Coun shall have Sole p p�y" p County 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. 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. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tim Nance, Chairman Packet Page -410- ,�," • 4/14/2015 16.A.20. AS TO OWNER: DATED: 91g4 411 Witness(Signature) C eryl D. ij'son 6 Nan1e Print or Type) ( YP ) Witness(Signature) Name(Print or Type) Approved as to form and legality: 5 cots A. 51-o„e. � Assistant County Attorney Last Revised:2/18/2015 Packet Page -411- • -- _ ____ _______ -_. 4/14/201516.A.20. I I 1 I i EXHIpPage of / 8 0 WEST 150' OF CABAUY do CABAUY TRACT 72 OR 2816/868 WILLIAMS OR 3147/1079 + W 2 t TRACT 71 TRACT 72 TRACT 73 GOLDEN GATE ESTATES UNIT 14 PLAT BOOK 7 PAGE 74 — I 8+— I N I W = E _ I PROPOSED ROADWAY EASEMENT S PARCEL 153 RDUE $_ 5.750 S0. Ft. 25' +00 45+00 44+00,•" 5'r00 48+00 49+00 501 I I I V ' 1 ' ' 1-'' I I I I I i I GOLDEN GATE BOULEVARD (CR 876) I OR OFFICIAL RECORDS (BOOK/PAGE) 1>`-,•x,.•' PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) USE OF THE PUBLIC PER PAT BOOK DEDICT 7,D PAGE TD T E 74 PERPETUAL LEGAL DESCRIPTION FOR PARCEL 153 RDUE A PORTION OF TRACT 72, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7. PAGE 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 150 FEET OF SAID TRAC'. %2. /� CONTAINING 3,750 SQUARE FEET, MORE OR LESS. i1 0 40 BO :00 SKETCH & DESCRIPTION ONLY ���� '"""fl" `""I' fm ; A nOwa+FCgSM4401 SJ61 NOT A BOUNDARY SURVEY SCALE:1'■80' 5GMRG 04rE FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS nAvr MA wr OR O DAGMV. •6N5N 0.PCR.5©4Fll or rirotica GOLDEN GATE BOULEVARD l % t �IIiC SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT iozsi��i CIA 136porili x1SM56 �\ PARCEL 153 RDUE 6619 Mort Fmk OMB,Sato 200 COLLIER COUNTY, FLORIDA N59p Rork*34109 Plrmr.(795)587-0S7b FAX:8757 567576 LB No:6552 1 2 ( REVSION SECTION TOWNSHIP RANGE SCALE DRAWN BY I SHEET 050217.00.00 0007 I 2 1" 80' FEB.A2008 SR. UN 4 SK153 1 OF 1 — Packet Page-412- 4/14/2015 16.A.20. LOCATION MAP (Not to Scale) Golden Gate Blvd #60040/Parcel 153RDUE (Parent Tract Folio#37285200009) v..y,e-•:,, ::-;,,3-;.r.--r �" . `.c.a ;:� _ i'� Gr1TE�W y _-4 At '" .— t — - 1w, 7 #d'ob..0..t r,` nY.m.._...._..,_-,H -FL '. a .° ,. '`k" Packet Page -413-