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Agenda 12/10/2013 Item #16A16 12/10/2013 16.A.16. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a drainage,access and maintenance easement required for the construction of storm water improvements known as the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated Fiscal Impact: $1,027. OBJECTIVE: To purchase an easement required for construction of the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project. (The"Project.") CONSIDERATIONS: Collier County wishes to purchase a drainage, access and maintenance easement over the south 27 feet of two unimproved tracts of land owned by Falling Waters Master Association, Inc. The proposed easement (Parcel 233DAME) abuts the north side of Crews Road, just west of Santa Barbara Boulevard, and is needed to construct the Project. The attached easement agreement provides for a purchase price of$1,000.00, which is also the appraised value of this 9,015 square foot parcel. Please refer to the attached appraisal report prepared by the Growth Management Division's Review Appraiser,Harry Henderson, SRA. FISCAL IMPACT: Funds in the amount of $1,027.00 will be paid from Stormwater Capital Improvement Fund 325 under the Lely Area Stormwater Improvement Project No. 51101. Source of funding is a transfer from the General Fund. The acquisition of this right-of-way will not add any cost to the annual operating and maintenance budget as the parcel will not be maintained before the Project is constructed. Operating and maintenance costs for the Project will be considered when the construction contract is brought before the Board for approval. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with 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. -ERP RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached easement agreement and authorize its Chairwoman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 233DAME to Collier County and authorize the County Manager or his designee to record the conveyance instrument in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreement; and 5. Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Robert Bosch, Right-of-Way Coordinator, Transportation Engineering Attachments: (1)Easement Agreement with Exhibit"A"; (2)Location Map; (3)Appraisal Report. Packet Page-890- 12/10/2013 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve an easement agreement for the purchase of a drainage, access and maintenance easement required for the construction of storm water improvements known as the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated Fiscal Impact: $1,027. Meeting Date: 12/10/2013 Prepared By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineerin 11/4/2013 3:39:46 PM Approved By Name: PutaansuuGary Title:Project Manager,Principal,Transportation Engineer Date: 11/12/2013 1:06:32 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 11/13/2013 9:54:51 AM Name: GossardTravis Title: Superintedent-Roads&Bridges,Transportation Eng Date: 11/13/2013 2:17:10 PM Name: Hendricks Kevin Title: Manager-Right of Way,Transportation Engineering Date: 11/13/2013 4:57:12 PM Name: ShueGene Date: 11/15/2013 10:45:58 AM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Packet Page-891- 12/10/2013 16.A.16. Date: 11/15/2013 1:44:25 PM Name: LynchDiane Title: Administrative Assistant Date: 11/15/2013 4:57:19 PM Name: KearnsAllison Date: 11/18/2013 12:25:03 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/19/2013 8:38:27 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/20/2013 2:25:29 PM Name:KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:17:57 PM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 11/26/2013 12:38:43 PM Name: OchsLeo Title: County Manager Date: 11/27/2013 10:52:32 AM Packet Page-892- 12/10/2013 16.A.16. PROJECT: LASIP No. 51101 PARCEL No: 233DAME FOLIO Nos: 00404320001 &00406400000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2013, by and between FALLING WATERS MASTER ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 5495 Bryson Drive, Suite 412, Naples, FL 34109 (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 a perpetual, non-exclusive drainage, access and maintenance 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: $1,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including 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, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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) Easement; Packet Page -893- 12/10/2013 16.A.16. Page 2 (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., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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,the 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 the Improvements and yet County is willing to permit Owner to salvage the 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. Packet Page -894- 12/10/2013 16.A.16. Page 3 (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- 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 Packet Page-895- cA 12/10/2013 16.A.16. Page 4 compensation payable to the Owner per Paragraph 2. County shall have sole 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 GEORGIA A. HILLER, ESQ. CHAIRWOMAN ROMP Packet Page-896- ,(a 12/10/2013 16.A.16. rage AS TO OWNER: DATED: !l/5113 FALLING WATERS MASTER ASSOCIATION, INC, a Florida non profit corporation ness(Signs e) ED NEWMA , PRESIDENT 0 h-t to XY Name(Print or Type) D 2 M u kPhy Witness(Signature) Name(Print or Type) Approved as to form and legality: � • 11 Assistant County Attorney Last Revised:6/3/2013 • Packet Page-897- • 12/10/2013 16.A.16. EXHIBIT"A" PROJECT NO. 51101 (LASIP) PARCEL NO. 233DAME NO*EXCLUSEVE FOLIO NOS. 00404320001 & AMISS,DRAINAGE AND 00406400000 MAINISANCE EASEMENT LEGAL DESCRIPTION&SKETCH (NOT A SURVEY) THE SOUTH 27 FEET OF THE WEST ONE HALF (W Y2) OF THE WEST ONE HALF (W Y2) OF THE NORTHEAST ONE QUARTER (NE %) OF THE SOUTHEAST ONE QUARTER (SE %) OF THE SOUTHEAST ONE QUARTER (SE %) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALONG WITH THE SOUTH 27 FEET OF THE EAST ONE HALF (E%) OF THE WEST ONE HALF (W %) OF THE NORTHEAST ONE QUARTER (NE %) OF THE SOUTHEAST ONE QUARTER (SE %) OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (CONTAINING 9,015 SQ.FT.,MORE OR LESS) FOLIO NO. FOLIO NO. 00404320001 00406400000 OR 4009/PG4015 OR 4009/PG4015 N 27 FEET MigiMMI TECM-ROW MAY 2 0 2013 SKETCH NOT TO SCALE Otekk Collar County Growth Management Denson-Transportabon Engmeenng Deparanent 05120/13 326 PM Packet Page-898- 12/10/2013 16.A.16. LOCATION MAP - PARCEL 233DAME CREWS RD, COPE LN., SANDY LN. /WING SOUTH INTERCONNECT LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101 (Not to scale) ,f f k‘ t ' 1 j 1 J, . : ::'4:4141, ,PARCEL 233DAME ' ilt:It' , • , sj33�6 i af p ,. I Packet Page-899- 12/10/2013 16.A.16. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVISION-ROW PROJECT NAME:LASIP(Crews/Cope/Sandy)Project#51101 PARCEL NUMBER: 233DAME PARENT TRACT SIZE:5 acres(2 tax parcels) OWNER'S NAME:Falling Waters Master Association Inc 00406400000 00404320001 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 taking therefrom for public purposes. 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:Parent Tract-8 50 26 W112 of NE114 of SE114 of SE114 SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED. PROPERTY HISTORY:The subject property has not sold within the past 5 years. PRESENT ZONING:PUD(Falling Waters,Preserve/Open Lands) FUTURE LAND USE:Urban Residential Subdistrict HIGHEST AND BEST USE:Based upon an analysis of the subject property and its environs(with consideration given to zoning,physical aspects of the subject property,economiclmarlcet trends)the maximally productive use of the subject property would be for preservelopen land usage as called for in the Falling Waters PUD.This also reflects its current usage. DESCRIPTION OF SUBJECT PROPERTY:The subject parent tract properties involves a vacant(wooded) site located on the north side of Crews Road in the East Naples area just west of the Santa Barbara Boulevard extension.This tract has a total size of 5 acres. 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. N/A DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS N/A Value Estimate,Parent Tract Land:No value as a stand-alone tract outside of the PUD Amok Packet Page-900- 12/10/2013 16.A.16. SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT Proposed Taking Parcel 233DAME:This is a permanent drainage,access and maintenance easement needed for LASIP related drainage improvements in this area.The proposed easement is 27 feet wide and has a length of approximately 334 feet.Parcel 233DAME has an area of 18,031 sf or.41 acres.There is no planted landscaping or site improvements in the easement area. The proposed drainage easement uses represent an encumbrance factor of 95%of the full fee simple interest.The easement area compensation is therefore valued as follows: NIA;parent tract lands have no market value as standalone lands apart from the greater PUD.The compensation due to property owner is therefore estimated based on the cost for the property owner's review and approval of deed/title documents associated with the transfer of the 233DAME lands.A nominal cost of$1000 is deemed reasonable for these tasks.A land compensation figure of$1000 is therefore applicable. Improvements:None Damages/Cure:No damages or associated cures result from the proposed taking parcel. SUMMARY OF VALUES:Parcel 233DAME TOTAL LAND VALUE $1,000 TOTAL VALUE OF IMPROVEMENTS ....$0 Damages: $0 TOTAL COMPENSATION $1,000 LAST PROPERTY INSPECTION DATE: —7 iG I i- DATE OF VALUE: 7/It,CI SIGNATURE OF APPRAISER: 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. Page 2 Packet Page-901- 12/10/2013 16.A.16. SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT 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 I 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. /,& c_ ( Harty Henderson,SRA Review Appraiser Collier County,Florida RD3475 Page 3 Packet Page -902-