Agenda 09/08/2015 Item #16A479/8/2015 16.A.47.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a Drainage and Utility
Easement (Parcel 103DUE) required for the construction of drainage and utility improvements at
the intersection of Lake Trafford Road (CR 890) and North 19th Street in Immokalee.
(Intersection Improvement Project No. 60016.) Estimated fiscal impact: $5,400.
OBJECTIVE: To acquire an cement that is necessary for the construction of improvements
to the intersection of North 19th reet and Lake Trafford Road (CR 890).
CONSIDERATIONS: Collier County is seeking to purchase a 2,589 square foot (0.06 acres),
more or less, perpetual, non - exclusive Drainage and Utility Easement (Parcel 103DLE). Parcel
103DUE is "vacant" land and part of the 9.27 acre parent tract owned by Barron Collier
Partnership, LLLP. The unimproved -property is located on the northwest corner of the Lake
Trafford (CR 890) and North 19th Street intersection.
The accompanying Appraisal prepared by Harry Henderson, SRA, and dated January 23, 2015
estimates the current market value of Parcel 103DUE to be $5,310. The property owner has
accepted Collier County's offer to purchase the required easement for $5,310.
Accordingly, staff is recommending that the Board of County Commissioners (the "Board ")
approve the accompanying agreement for the purchase of Parcel 103DUE.
FISCAL IMPACT: Funds in the amount of $5,400 ($5,310 purchase price for Parcel I03DUE
and approximately $90 aggregate recording fees) are available in the Transportation Road Impact
Fee Fund 339, Project 960016. Collier County Traffic Operations currently utilizes funding of
approximately $600,000 annually to maintain 205 signalized intersections (an estimated $3,000
annual maintenance cost per intersection). Incremental maintenance costs ultimately related to
the roadway and signal improvements will be minimal compared to the overall benefits of the
project. The additional right -of -way acquisition will add minimal acreage and will have minimal
impact on the mowing and garbage removal maintenance.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year
transportation work program, the Intersection Improvement Project No. 60016 is an integral part
of Collier County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the oard:
Approve the accompanying Easement Agreement (Parcel 103DUE) and authorize its
Chairman to execute same on behalf of the Board;
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9/8/2015 16.A.47.
2. Accept the conveyance of Parcel 103DUE 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 this easement
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 (2) Property Location Map and (3) Appraisal.
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9/8/2015 16.A.47.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.47.
Item Summary: Recommendation to approve an easement agreement for the purchase
of a Drainage and Utility Easement (Parcel 103DUE) required for the construction of drainage
and utility improvements at the intersection of Lake Trafford Road (CR 890) and North 19th
Street in Immokalee. (Intersection Improvement Project No. 60016.) Estimated fiscal impact:
$5,400.
Meeting Date: 9/8/2015
Prepared By
Name: FarrisDeborah
Title: Property Acquisition Specialist, Senior, Growth Management Department
8/12/2015 1:33:55 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 8/12/2015 3:13:35 PM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/13/2015 9:14:33 AM
Name: NauthRookmin
Title: Management/Budget Analyst, Growth Management Department
Date: 8/13/2015 12:05:23 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/13/2015 12:12:44 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/13/2015 12:25:48 PM
Name: LynchDiane
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9/8/2015 16.A.47.
Title: Supervisor - Operations, Growth Management Department
Date: 8/14/2015 10:16:18 AM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/17/2015 7:16:30 AM
Name: GossardTravis
Title: Division Director - Road Maintenance, Growth Management Department
Date: 8/17/2015 8:15:17 AM
Name: WilkisonDavid
Date: 8/17/2015 5:20:40 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/18/2015 8:57:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/18/2015 9:26:59 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 8:35:02 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:23:52 PM
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9/8/2015 16.A.47.
PROJECT. Lake Trafford #60016C
PARCEL No(s): 103D.UE
FOLIO No(s): Portion of 00074280005
EASEMENT AGREEMENT '
THIS EASEMENT AGREEMENT (hereinafter referred to as the Agreement") 'is
made and entered into on this - day of , 2015, byiand between
BARRON COLLIER 'PARTNERSHIP, LLLP, a Florida limited liability limited partnership
successor: by:merger to Barron Collier .investments, Ltd., a Florida .limited partnership,
whose mailing :address is 2500 'Golden 'Gate Parkway, Naples, Florida 34105 (hereinafter
referred to as "Owner'), and COLLIER COUNTY, !a political .subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Troll East, c% the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"),
WHEREAS, County requires a perpetual non- exclusive 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 Countyfor the sum of:
$5,810.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 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
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 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) Drainageand Utility Easement;
1
i
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9/812015 16.A.47.
Such.eiencof uthoty• and c tr,wmr..,r ntat vesr
execute and deliver!. #hisgreem ®rat and tltirer documents iredo ``=
consummate': this Transaction," -as reasonably" determined �y �ouMyr
County+'.s counsel and /or#itiecompany.
Fy
4.
' TIME S : OF THE °ESSENCE . $oth Owner end :County agree that Trme as . f the `
essence, " Therefore,> "Closing -4hatl occur, r thin = ninety1190), days ,nf .the tfate of
execuiion,oflhis reemeetorwithin1hi SU slays of Cou, s racer pt &- Voain
"
Documents, mfif6ever Jslhe Jater Thli agree'm6nf zhall �rema�n`iin #ull force xind4 °
,��etfect,-untll �losingihell occur,.�until< nd taless it =is er�iainalad for zotiier
Closing, payment shall be made to'Owner in that =amount ?shown "on the :Closing .
Statementas"Net Cash =tothe Seller"
,5..
IRRIGATION: SYSTEM AND "MISCELLANEOUS IMPROVEMENTS - :Dwner,40tea
toi+elocate anyvxisting rr -WaUon system orated *n the Easement=Mcluding �rngation :-
4ines :electrical4Winng -and Vdhkier 4rahres,;etc. (ii any), ,prior to the-construction: of e, .
project Awithout. "any; "further ,motification from :'County ,. Owner assumes „full
responsibility ;;",for. the ;relocation aof the .irrigation" ystem"{it zany) ron the remaer, ;'
, property"iand its performance after ,relocation. ;Owner: olds'Dvunty amass or tty _"
and A l:posftlii damage to °the �irrlgation system in a went per moils Ito'- locate :
the irrigation system prior to construction "of'the -project:
± If Owner.alects to retain improvements .and/or landscaping 'rimprovements °): located, :'.
on 'the Easement (if -any), :Owner is responsible for Their -retrieval ;prior, to .the
construction .of the iproject: without any further notification from JSounty. )vmer
acknowledges that County ; bas compensated Owner. =for "the':;-value of all
improvements locatedmAthin he Easement: urea, and,yefiCountyis ; wllingtopermft
Owner „to - salvage said improvements as;long asAheir,vetrieval is ,performed `before ”
=sonstruction rid tAthout= interru?ption .cr�inconveMenml.totiae�Count _s ntractor,:All sF
improvements :not removed °from the Easement'.rrior, °.to commencement o f
construction ofthe;project shall �tie:deemed abandoned Eby Owner.
This provision 4hall =survive Closing and =is not deemed satisfied by conveyance of
title.
5.
'MISCELLANEOUS REQUIREMENTS - Owner and - County =agree to ado ail,things ,
vfiich may be =° required 'to ;give effect -Ao this Agreement -immediately .as :such .;
requirement is made knowntothe n ortheyare requested to do so; vuhicheveristhe"
= eadier.
7.
REPRESENTA -BONS AND WARRANTIES - 'Owneragrees,'representsand warrants
thelollowing
,
(a) Owner bas full right, =power and authority to =own and operate'the ,property
uni erlyingithe.Easement, toenterinto.and Ito execute this=A.greement, to
execute, Aeliver and, .perform its obligations under :this Agreement and the "
;undertake °allctionsn
instruments executed °in connection - herewith ,to dto
:perform al °tasks required :of 'Owner hereunder and to x:onsumrnais"Rths
'transaction contemplated hereby.
(b) County's ".acceptance ,of .the ;Easement shall -not be adeemed °to `be -full
performance and xlischarge- of.every agreement and nbiigatiorimn the Vart "of
D mer to be performed pursuanttothe•provisions of?3his�Agreement. u
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t'�++� srarrrrrq 7Druryr, _ natn$nu,aaanasst@lieij/BfS�rlt, _ pa s A- x
i`aal lniifrr ache t
puerly cdatfy+niir�e F�asareaafon9.7he,ec iI
an such -ma e
p crty is conveyed o County (lf ttte corporation: �s =registered =wish the
Federarl Securities d= ccfasnge .Dornmission ,or -Teg�stered ;pursuant fo xChapter 517
Y
Florida,Statutes, zwhose stock -As °for sale ,to the `general °public, ;it :is `hereby sxempt 3 '
from the;;pravisions of .,Chapter86,�fiioridaStatutes,)
11 F_I±i't7RE AOREEME1+Tf Ctrveyance 4f the Easernent, or 's arrterest M Hte prwjr
Yrnii a ;basemen# iry Ovrrner . fs =c onfingent upon no ;outer ;prrrnrisfrnts, ''
66666isti:tu ern es ,other* an lhose am stated betsein; mad iswrd"
stf wewftits rttaotreit , ftateto; tract - conatrir Yer a ire.. greerrient and
t7fr andirt of'fhe,.part►ets nf3 ttaf@ are rta other pnovoriorrt rrlj 3(Snel7l3$a1M1f t art `,
trltdeikir, promises; warran5es, r:cavetnerrts nmt catairted ;
,�o{.fral.g�reernents,
ierelnID1ndlflCattOA,nBAdrrlent rtanpeDatlDntSf�hiS4lgreBn9ent5hallBrf9rljL
-,`
force <or affect uiiiess':imade .in .vn citing ,and executed :and .dated by. both` Owner snd '
County,
r
'12. BREACHAN TERMINAT]ON - ff4ithevparty fialls lo perform any of the.covenants;
promises Dr abiigations contained in this Agreement, ,such-.,party will have breached
this Agreement and.-the otherparty may provide written notice.of said breach'to'the
party In breach, ,trvtterer#pon.,t e,v tyfn breach ,shall -he" 15 tlayslrcgn the -date bf
aa�l Motrce la �y id. reach. ``ift�;party in breach shaq<<txsve failed tCi t nedy
said 3treach, the other#rar#}''rnay, at lts optlan, temrirlate;is - �greemant.a�y 'givittg
�n= rta6oetf_ration.to tteriyfn brear Mall gave'ihe right:to seek
aryd i force tl #rts i i rr ali uailab% at iauv r. rt egL*, dudIng ft —,Tj & tc
see ls`spediac,p�e��'a!nanc��tfais �re+�n�t. ' �
13:: 'SEVERABILITY -' Should any part of this Agreement'be :found.to be invalid, ;then such
invaiid dart shall be ,,s--vered from the Agreement,;and:the remaining provisions of this
Agreementthalbremain in futVtorceand effect and not a affected by.such inuslidity,
14. , a/ENUE - "TbisAgreernent is Qoverned and construed ..in - accordance.arvith the laws of "
Ahe`State�nf Florida.
I N' WITNESS - WHEREOF ,'xhe�parties�hereto,have executedahisAgreementw the
date f"rrst arbove written:
AS TO COUNTY:
DATED:
ATTEST: :BOARD OF- COUNTY.COMMISSIONERS
'DWIGHT E. aROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TiM NANCE,`.Chtsimtart
f'
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9/8/20'
Page S
AS TO OWNER.
..DATED:
WITNESSES;
BARRON COLLIER PARTNERSHIP, LLLP
A`Florida limited Ihbillty- lfrnNad,parinanhip
44.fk
BY' Barron DOW laVta e f
Witness ( naturs)
A Florida
Its:;
�a (Pft orType)
t
PPrint Nwn : i „ '� E �—
wilpe"
Title:- 532!w25.�*!
Name (Print orType)
Approved as to form and legality:
Emily Pepin
Assistant County Attorney
uaa.w.e OM15
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LOCATION MAP
(Not to Scale)
Lake Trafford Road & 19`h Street / Project #60016
Barron Collier Partnership, LLLP / Folio #00074280005
Parcel 103DUE
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SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVISION - TRANSPORTATION ROW
PROJECT NAME: Lake Trafford/N 19th Street Intersection
PARCEL NUMBER:103DUE
Improvement Project #60016
PARENT TRACT SIZE: 9.27 acres
OWNER'S NAME: Barron Collier Partnership LLP
Property Location: N/W comer Lake Trafford Rd/N.19th St.
Immokalee, FL
PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple interest of the subject property parent tract lands
and effected improvements (if any), and to estimate the compensation due the property owner (current record title holder of the fee simple interest in
the property) by reason of the proposed drainage and utility easement acquisition for public purposes.
The Scope of the Appraisal includes a valuation of the parent tract ( "as improved ", if deemed necessary) using verified market data and an estimate of
the contributory value of items in the take using cost manuals and/or local contractors/landscape pricing experts. The remainder property (its condition
after the proposed easement acquisition) is also analyzed as to the possible damages and related cures including minor "costs to cure ".
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash or in terms equivalent to cash, or in other precisely revealed
terms, for which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and
the seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under any undue stimulus to act
LEGAL DESCRIPTION: 32 46 29 SW1 /4 of SW' /. of NE114 Exc Hway 9.40 ac OR 2016 PG 70 (Parent Tract)
SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED.
PROPERTY HISTORY: The subject property has not sold over the ast 10 years.
PRESENT ZONING: RSF-4 FUTURE LAND USE: Urban Residential
HIGHEST AND BEST USE (if vacant): Based upon an analysis of the subject property and its environs (with consideration given to zoning,
physical aspects of the subject property, economic/market trends) the maximally productive use of the subject property would be for
residential development.
As Improved: The subject tract is currently unimproved,
DESCRIPTION OF SUBJECT PROPERTY: The subject property is located at the northwest corner of Lake Trafford Rd and North 190 Street
on the west side of Immokalee heading toward Lake Trafford. The subject parent tract is rectangular in shape and covers an area of 9.27
acres. This tract is level and mostly cleared. The tract has no site or building improvements,
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: The Following Sales are used to estimate the value of the
subject property lands using the Sales Comparison Approach:
1. EIS Carson Road north of Reflections Ave, Immokalee, FL Sale Price: $842,300 Sale Date:11 /14
2. 904 -905 Miraham Ter, Immokalee, FL Sale Price: $50,000 Sale Date: 8/14
3. 123318th St N, Immokalee, FL Sale Price: $24,000 Sale Date:10 /12
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SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVSION
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:
Sale #1 has residential PUD zoning and is located on the west side of Immokalee towards Lake Trafford. This tract has a land area of 11.44
acres. Topography is mostly level and cleared. Its sale price of $842,300 produces a unit price of $73,6271acre or $1.6910. The site is
currently unimproved.
Sale #2 has VR Village Residential zoning. It is located on the west side of Immokalee just south of Lake Trafford Rd. This tract has a land
area of .55 acres. Its topography is level and the site is cleared. Its sale price of $50,000 produces a unit price of $90,909 1acre or $2.081sf.
Sale #3 has RMF -6 zoning and is located northeast of the subject in a residential area of Immokalee.. This tract has area of .55 acres and is
level; mostly cleared.. Its sale price of $24,000 produces a unit price of $43,6361acre or $11sf.. This is a relatively dated sale.
The sales cited show a unit/price range of $I/sf to $2.081sf. The upper end of the indicated price range is given most weight in
consideration of firming price trends in this market. A unit/price of $21sf ($87,120/acre) is selected as most reasonable for the subject
lands.
Value Estimate, Parent Tract Lands: 9.27 acres x $87,120/acre = $807,500 (rounded).
Proposed Taking Parcel, 103DUE: The proposed acquisition parcel is a drainage and utility easement having a total area of 2589 sf. It is a tapering
strip with its widest width at 10 ft which tapers to a point; its length is approximately 316.15 ft. It is aligned along the east part of the parent tract
frontage with N. 19th Street.. The encumbrance associated with this type of DUE easement is judged to be 90% of the fee simple interest (a 10%
interest/use of the site is retained by the fee owner, still contributes to gross area calculations). For compensation purposes, the proposed easement
area is therefore valued as follows:
2589 sf x $21sf x 90% = $4660 (rounded)
Site improvements within proposed parcel 101 DUE are limited to an allocation for clearing /grading valued at $650.
No damages or net costs to cure are associated with this easement acquisition.
SUMMARY OF VALUES: Parcel 103DUE
103DUE TOTAL LAND VALUE ................ $ 4,660
TOTAL VALUE OF IMPROVEMENTS .... $ 650
Damages: $ 0
TOTAL COMPENSATION ............. $ 5,310
LAST PROPERTY INSPECTION DATE: 01123/2015 II DATE OF VALUE: 0112312015
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SHORT FORM APPRAISAL - COLLIER COUNTY GROWTH MANAGEMENT DIVSION
{j ( I I --
SIGNATURE OF APPRAISER: ' � ,`
C
APPRAISER'S NAME:
I have not previously provided appraisal services involving the subject property. I have no past, current or contemplated future interest in the subject
property.
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief...
The statements of fact contained in this report are true and correct.
The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,
unbiased professional analyses, opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report, and 1 have no personal interest or bias with respect
to the parties involved.
My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction in value that favors
the cause of my employer, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
My analyses. opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of
Professional Appraisal Practice.
Acceptance and utilization of this appraisal report, or any portion thereof, constitutes acknowledgment and acceptance of all the General
Assumptions and Special Conditions contained herein.
I have made a personal inspection of the property which is the subject of this report.
Unless specifically mentioned in the body of the report, and only to the extent mentioned, no one other than the undersigned contributed
any significant assistance in developing the analyses, assumptions and conclusions contained in this report.
Harm Henderson. SRA
Review Appraiser
Collier County, Florida
RD3475
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