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Agenda 01/27/2009 Item #16B 1 Agenda Item No. 1681 January 27, 2009 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement for the pnrchase of a perpetual road right-of-way drainage and utility easement which is required for the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $11,900) OBJECTIVE: To obtain Board approval of an Easement Agreement for the purchase of a peIpetual, non-exclusive road right-of-way, drainage and utility easement which is required for Phase II of the Vanderbilt Beach Road Extension Project (Project No. 60]68). CONSIDERATIONS: Collier County is seeking to obtain a .38 acre portion of a property which is owned by Nishat F. Hussain. The 2.5 acre parent parcel is unimproved and located in Golden Gate Estates. The easement (Parcel No. 1232RDUE) contains ]6,500 square feet and encompasses the north 100 feet of the East 1, of Tract 90, Unit ]7. On September 30, 2008, the property owner requested the County purchase the portion of their property needed as right-of-way for the project. It was explained to the property owner that the County could only pay the current market value, which due to the current market conditions would be considerably less than the property's assessed value over the past few years. On October 1, 2008, the County's in-house appraiser reached a final value estimate of $30,000 an acre based on recent sales of vae,mt Golden Gate Estates parcels in the vicinity of the subject property. The property owner agreed to sell the right-of-way f,)r the appraised value of $] ] ,400. FISCAL IMPACT: The fiscal impact is the purchase price of $] ],400 and recording and title insurance fees not to exceed $500. The funds will be paid from gas taxes and/or impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This request has been reviewed by the Office of the County Attorney and is legally sufficient for Board action. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. -JAB RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Easement Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 1232RDUE (Road Right-of- Way, Drainage and Utility Easement) and authorize stafT 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 designce to take the necessary measures to ensure the County's pcrfonnance in accordance with the tenns 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: Debbie Annstrong, TECM Assistant Right-of-Way Manager Attachments: (I) Easement Agreement with Exhibit "A"; (2) Propelty Map Item Number: Item Summary; Meeting Date: Page 1 of2 Agenda Item No. 1681 January 27,2009 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendation to approve an Easement Agreement for the purchase of a perpetual road right-of-way drainage and utility easement which is required for the Vanderbilt Beach Road Extension Project Project No 60168, Phase If (Fiscal Impact: $11,900) 1/27/200990000 AM Prepared By Debbie Armstrong Transportation Services Property Acquisition Specialist TECM-ROW Date 1/9/200911 :35:54 AM Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Date Transportation Administration 1/9/20091 :05 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TEeM-ROW Date 1/9/20093:44 PM Approved By Brian Hancock Transportation Division Operations SLlpport Manager Date Transportation Administration 1/12fZ009 8:42 AM Apprond By Gary Putaansuu Transportation Services Principal Project Manager Transportation Engineering and Construction Date 1/12/20099:13 AM Apprond By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 1/12/20099:32 AM Approved By Jennifer A. Belpedio County Attorney Assistant County Attorney Date County Attorney Office 1/13/200911:47 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 1/13/20091 :16 PM Appro\'ed By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. Date 1/13/20093:27 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 1/13120094:17 PM Appro\'ed By OMS Coordinator OMS Coordinator Date file:/ /C :\Agenda Test\Export\ 1 22-Januarv%2027 . %202009\ 16. %20CONSENT%20A GENT) u_ 1/21 /2009 Page 2 of2 Agenda Item No. 1661 January 27, 2009 Page 3 of 10 County Manager's Office Office of Management & Budget 1114/20097:20 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/20092:58 PM .\ppro\'ed By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/14/20097:15 PM fi le:1 Ie :\AgendaTest\Export\ 122-January%202 7,%202009\ 16. %20eONSENT%20A GEND... 1/21/2009 Agenda Item No. 1681 January 27.2009 Page 4 of 10 Project: 60168 - Vanderbilt Beach Road Extension - Phase 2 Parcel: 1232RDUE Folio: 37445880007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") IS made and entered Into on thiS _ day of . 20_. by and between NISHAT F. HUSSAIN, a married woman whose mailing address IS 11251 Rocklnghorse Road, Hollywood, Florida 33026 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Flonda, its successors and assigns, whose mailing address is 3301 Tamlami Trail East. Naples, Flonda 34112 (hereinafter referred to as "Purchaser"). WHEREAS. In order to construct the second phase of the Vanderbilt Beach Road ExtenSion project, eventually Purchaser will require 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 deslCes to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner desICes to convey the Easement at thiS time, of his own free will and with the full understanding that he has the option of waiting until the Purchaser requICes the Easement for construction of the Vanderbilt Beach Road ExtenSion, Phase 2 project, and until the Purchaser makes a written offer to purchase the nght-of-way parcel in accordance with the provIsions of Section 73.015. Flonda Statutes; and WHEREAS, Owner IS fully aware and understands that the value of hiS property may Increase In the future; and WHEREAS, Owner waives any and all rights to future claims for additional compensation for the Easement over and above the amount specified In Paragraph 2 (below), payment of attorney's fees and costs, andlor expert fees and costs. In accordance with the proVisions of Sections 73.015, 73091 and 73.092, Flonda Statutes; and WHEREAS, Purchaser 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 Purchaser for the sum of: $11.400.00 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, 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 spnnkler valves and related electncal Wiring, and all other damages in connection with conveyance of said Easement to Purchaser, Including all attorneys' fees, expert witness fees and costs as prOVided for In Chapter 73, Flonda Statutes. Agenda Item No. 1681 January 27. 2009 Page 5 of 10 3. Pnor to Closing, Owner shall obtain Irom the holders of any liens. exceptions and/or qualifications encumbenng 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 01 Collier County, Flonda. At or pnor to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herern and the follOWing documents and Instruments duly executed and acknowledged, In recordable form (hereinafter referred to as "Closrng Documents.') on or before the date of Closing: (a) Perpetual, Non-Exclusive Road Right-ol-Way. Drainage and Utility Easement (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form, and (e) 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 Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time IS 01 the essence and that, therefore, ClOSing shall occur within ninety (90) days lrom the date of execution of thiS Agreement by the Purchaser; proVided, however, that Purchaser shall have the unilateral nght to extend the term 01 thiS Agreement pending receipt of such Instruments, properly executed, whIch either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closrng, payment shall be made to Owner mthat amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closrng Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any eXIsting Irrigation system located on the Easement including Irrigation lines, electncal wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irngation 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. II Owner elects to retain Improvements and/or landscaping ("Improvements'.) located on the Easement the Owner IS responsible for their retneval pnor to the construction 01 the project without any lurther notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner lor the value of the Improvements and yet Purchaser 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 lrom the Property 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 Purchaser 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 lull right. power and authOrity to own and operate the property underlYing the Easement, to enter Into and to execute thiS Agreement, to Agenda Item No. 16B 1 January 27. 2009 Page 6 of 10 execute, deliver and perform its obligations under this Agreement and the instruments executed In connection herewrth, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser'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 Purchaser has any nght 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 properly underlYing the Easement or any nghts therein. nor enter mto any agreements granting any person or entity any nghts with respect to the Easement. without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertismg, management, leaSing, employment, service or other contracts affecting the Easement. (I) 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 Purchaser In writing prior to the effective date of thIS Agreement. (g) Purchaser 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 properly 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 Purchaser. (h) The properly 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 an the property underlYing the Easement except as specifically disclosed to the Purchaser; 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 Purchaser, 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 iien 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 underlymg the Easement. This proviSion shall survive Closmg and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reImburse the Purchaser 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 agamst the Purchaser by reason or arising out of the breach of any of Owner's Agenda Item No. 16B 1 January 27, 2009 Page 7 of 10 representations under paragraph 7(h). This provIsion shall surVive Closing and IS not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative Instruments reqUired to ciear title, all Easement recording fees, and any and all costs and/or fees associated with secunng and recording a Release or Subordination of any mortgage, Hen 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 for the execution of any release, subordination or satisfaction, 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. In accordance with the provIsions of Section 201.01, Flonda Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes reqUired on the lnstrument(s} of transfer, unless the Easement IS acquired under threat of condemnation. 10. 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, andlor assIgnees, whenever the context so requires or admits. 11. 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, 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 Purchaser. (If the corporation IS registered with the Federal Securities Exchange Commlssion 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.) 12. Conveyance of the Easement, or any Interest In the property underlYing the Easement, by Owner IS contingent upon no other provIsions, condrtions, 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 Purchaser. 13. 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. 14. 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 PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: TOM HENN ING. Chairman AS TO OWNER: DATED: /J."- Is-- 08 it/ME r:<- ~~ itness (SignatUre) N f.. f;.o.t (-'-~ NISHAT F HUSSAIN I1lUr(A/ 11- K!('L--j-r- .Name {Pnnt or Type . m/OMilJ(mu.! ~ Witness (Signature MoihlMI'1I2'b 11- 1J'J<;<1l/,J Name (Pnnt or Type) Approved as to form and legal sufficiency: Agenda Item No. 16B 1 January 27. 2009 Page 8 of 10 3B,_J --+---1 390 391 \ . 392 I I~ VANDERBILT BEACH ROAD I 393 394 395 396 Agenda Item o. 16B 1 Januan 27.2009 J97 pol e 9 of 10 PROPOSED PARCEL 1232 ROUE 16,500 SQ. FT. EAST 165' OF TRACT 90 TRACT e7 165' I TRACT 90 GOLDEN GATE ESTATES UNIT 17 PLAT BOOK 7 PAGE 5 TRACT 103 MARJCHAL, JUAN A OR 4377/1389 HOSSAIN, MONJR OR 4354/460 -I 10TH AVENUE N.E. SQ. FT. ROUE OR SQUARE FEET ROADWAY. DRAINAGE AND UTILITY ~S[MENT OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ,'?OADWAY, DRAINAGE AND UTIUTY s:..SEMENT N W+E M(3 s LEGAL DESCRIPTION FOR PARCEL 1232 RDUE A PORTION OF TRACT 90, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE .:>UBlIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS f"DLLOWS: THE ~iORTH 100 FEET OF THE EASl 165 FEET OF SAID TRACT 90. CONTAINING 16.500 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COU~TY GOVERNMENT BOARD o , " "0 240 , d4'~ BY, ,,"n'''M".",''''''''""'''~'"""''~' rLORIOAR(CI~"1AATIOt'l~E~!tc.l.T( NO. 5301 ,I~~M; 0I.1E: JI{I '/ () 'J> Nor VI,l.ID w,T~Ollr THt SICI,'ATURE << ORICln.... IIAIS;:n [1,\8QSSEO SEAL or A fl.Dfl!OA REGIS1TH[D rRO'~Ss.ON!IL SLWf:'(OR AA'') I,V.PPER. SCAlE: 1"",120' OF COUNTY CD.\AMiSSIONERS JOB NUM8ER 060119.0~.OO 0001 D'"XT^~O~=- CONSUL'l'!NO Civjl~ .&.. "'-, ,.&.. ..L SumlyiDo:&:Mippuq: S610W'IIPWPar.Dr:~e,Sujltl200 N""lea.Fbld~341ce F-hono:I239)!;97-il575FAX'i239)!;<J7-ilS76 L~"o.' 6952 riLE NAM2: SK12.32ROUE SHEET OF 1 VANDERBI1T BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED HOADWAY, DRAINAGE & PARCEL 1232 RDUE UTILITY EASEMENT COLUER COUNTY, FLORIDA Agenda Item No. 1661 January 27. 2009 Page 10 of 10 Property of Nishat F.Hussain Folio Number: 37445880007 Name: HUSSAIN, NISHAT F Le .1 Deseri lion: GOLDEN GATE EST UNIT 17 E l/2 OF TR 90