Agenda 12/09/2014 Item #16A 2 12/9/2014 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-
Way, Drainage and Utility Easement (Parcel 376RDUE) containing 675 square feet, which
is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscal Impact:$300).
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a
road right-of-way drainage and utility easement required for the four-laning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The required easement is needed along the western property line of
Tract 100, Golden Gate Estates, Unit 81, and contains a total of 675 square feet. Using the most
recent, comparative sales data, the Growth Management's Division Review Appraiser, Harry
Henderson, SRA, estimates the current value of the easement area of the property to be
$200($13,000 per acre).
While the acquisition of this project parcel is not specifically authorized under Gift and Purchase
Resolution No. 2007-306, nor is it required for construction of the current design-build
improvements proposed for Golden Gate Boulevard, the property owner has asked that the
County purchase the easement at its current market value at the present time. The parcel's
purchase price of $200 will have no impact upon the County's ability to complete the
improvements proposed as part of the design-build project.
Staff is recommending that the Board of County Commissioners purchase the required easement
area from the owner, Bendex LLC, Trustee for Everglades Trust, for the purchase price of$200.
FISCAL IMPACT: Funds in the amount of$300 ($200 purchase price and no more than $100
recording fees) will be paid from impact fees. Should impact fees not be sufficient for this
particular project, the secondary funding source will be gas tax. 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 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.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long
Range Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. EP
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12/9/2014 16.A.2.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of Parcel 376RDUE and authorize the County Manager or his
designee to record same 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: Kitt Perfect, Property Acquisition Specialist, Growth Management Division,
Transportation Engineering
Attachments: (1)Easement Agreement; and (2) Location Map
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12/9/2014 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve the purchase of a Perpetual, Non-exclusive,
Road Right-of-Way, Drainage and Utility Easement (Parcel 376RDUE) containing 675 square
feet, which is required for the four-laning of Golden Gate Boulevard between Wilson Boulevard
and DeSoto Boulevard. Project No. 60040 (Fiscal Impact:$300).
Meeting Date: 12/9/2014
Prepared By
Name: PerfectKitt
Title: Property Acquisition Specialist, Transportation Engineering& Construction Management
10/28/2014 11:34:47 AM
Submitted by
Title: Property Acquisition Specialist, Transportation Engineering&Construction Management
Name: PerfectKitt
10/28/2014 11:34:48 AM
Approved By
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 10/28/2014 3:13:45 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 11/12/2014 2:21:59 PM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 11/12/2014 4:00:17 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 11/18/2014 3:11:22 PM
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12/9/2014 16.A.2.
Name: ShueGene
Title:Director-Operations Support,Transportation Administration
Date: 11/20/2014 10:02:43 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 11/21/2014 2:48:27 PM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div, Business Management&Budget Office
Date: 11/23/2014 10:34:15 PM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 11/24/2014 3:18:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/25/2014 9:05:06 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 11/25/2014 3:03:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 8:11:00 PM
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PROJECT: Golden Gate Boulevard 60040
PARCEL No(s): 376RDUE
FOLIO No(s): 40931160008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2014, by and between
BENDEX, LLC, a Florida limited liability company, f/k/a IMPOTEX, LLC, a Florida limited
liability company, Trustee of EVERGLADES TRUST, a Land Trust whose mailing
address is P.O. Box 2234, Naples, FL 34106-2234, (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires 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:
$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) 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
acknowledges that County has compensated Owner for the value of all
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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. 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. 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.
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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 TOM HENNING, Chairman
AS TO OWNER:
DATED:jiiplzz L j1 dr BEND' X a
Florid ed lia•' ity company,
Tru t•a of : : GLADES TRUST, a
La d r :� ' 9/2
1.,16, /1, by: IL / / f
Witness (Signature) B A`R''M :trig:n.:17W'
Ma ging Member
Name (Print or Type)
L
Witness (Signature),
Name (Print or Type)
Approved as to form and legality:
r•. 7
/e A A.n / e 4 r, a ,1
Assistant C.unty Attorney
Last Revised:6/3/2013
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PARCEL 376 RDUE MEZA
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o TRACT 101
OR OFFIC AL RECORDS (BOOK/PAGE)
SO. FT. SOUARE FEET
= PROPOSED ROADWAY DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
' USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 TECM-ROW
FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 376 RDUE
A PORTION OF TRACT 100, GOLDEN GATE ESTATES, JN:T 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH. RANGE 28 EAST,
COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 9 FEET OF THE WEST 59 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF SAID TRACT 100.
CONTAINING 675 SQUARE FEET, MORE OR LESS.
0 40 80 160 erg
L AARO` SURVEYOR Q MAPPER SKETCH & DESCRIPTION ONLY I i °Loa A ARILT0O cE na u°.5301
NOT A BOUNDARY SURVEY SCALE 1".80' "'"c°A�` 11.0 Ili
HOT VAIJD FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA RLG ERO"PRORIGINAL ssiauL wsuyrxoRR o MAPPER.
SEAL of
' GOLDEN GATE BOULEVARD D A j^ Vionlinfica
SKETCH At DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ,i CONSULTING TL i Suva,*it Wiling
PARCEL 376 RDUE 6610 Mow Park are,Suite 200
Napier.,Fonda 34109
COLLIER COUNTY, FLORIDA Phone(239)597-0575 FAX:(239)597.0578
LEINO.:8952
J08 NUMBER REVISION SECTION TOWNSHIP RANGE I SCALE I DATE DRAWN BY FILE NAME SHEET o\
350217 00,01 0001 REV 01 6 49 '009 D.W-J_ SK 376 1 OF 1Z
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MAP LEGEND
Street Names
Parcels
E Subdivisions
Aerlais 2010]6 inct Urban]
Aerials 200912 FEET]
I Building Footprints
Collier County
Folio Number: 40931160008
Name: IMPOTEX LLC TR
Street# &Name: 180 EVERGLADES BLVD S
Legal Description: GOLDEN GATE EST UNIT 81 N 75FT OF S 180FT OF TR 100
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