Agenda 04/14/2009 Item #16B 1
Agenda Item No. 1681
April 14, 2009
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement for the purchase of a Road Right-of-
Way, Drainage and Utility Easement (Parcel 1626RDUE) required for the Vanderbilt
Beach Road Extension Project. (Project No. 60168 - Phase 11.) Estimated Fiscal Impact:
$8,600.00.
OBJECTIVE: To obtain Board approval of the attached Easement Agreement for the purchase
of a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Parce]
] 626RDUE) required for Phase Ii of the Vanderbilt Beach Road Extension Project (Project No.
60] 68).
CONSIDERATIONS: Collier County is seeking to acquire this 18,000 square foot easement
over the north ]00 feet of property owned by Robin A. Venanzio and Michae] Venanzio. The
2.73 acre parent tract is improved with a single family home and located in Golden Gate Estates.
Mr. and Mrs. Venanzio have agreed to sell the parcel to County for $8,000.00, which is its
market value as estimated by County's staff appraiser on February 17,2009. Although priority
is being given to the acquisition of right-of-way required for Phase I of the project and the
subject parcel is in Phase Ii, the proposed acquisition is considered to be a good opportunity to
purchase this parcel from willing sellers at current market value in a buyers' market.
FISCAL IMPACT: The fiscal impact is the purchase price of $8,000.00 and recording and title
insurance fees not to exceed $600.00. The funds will be paid from gas taxes and/or impact fees.
GROWTH MANAGEMENT IMP ACT: This project is consistent with the Long Range
Transportation Plan and the Collicr County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote.
RNZ
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. I 626RDUE (Perpetual, Non-Exclusive Road Right-of~
Way, Drainage and Utility Easement) and authorize staff 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: Robert Bosch, Right-of-Way Coordinator, TECM
Attachments: (1) Easement Agreement with Exhibit "A"; (2) Vicinity Map; and (3) Appraisal
Report dated February 17,2009.
Page 10f2
Agenda Item No. 16B1
April 14. 2009
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681
Recommendation to approve an Easement Agreement for the purchase of a Road Right-of-
Way, Drainage and Utility Easement (Parcel 1626RDUE) required for the Vanderbilt Beach
Road Extension Project (Project No. 60168 - Phase II.) Estimated Fiscal Impact $8,600,00.
4/14/200990000 AM
Meeting Date:
Prepared By
Robert Bosch
Right of Way Coordinator
Date
Transportation
TECM
3118120094:33;27 PM
A pproved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
312612009 9;08 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
312612009 9: 23 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
312612009 2:48 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
3126120097:31 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
3127120091;36 PM
Approved By
Gary Putaansuu
Principal Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
3/30/2009 11 :40 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/3012009 3,41 PM
A pproved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/30/20094:19 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
31311200911;35 AM
Page 2 of2
Agenda Item No. 1681
April 14, 2009
Page 3 of 13
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
3/31120094;06 PM
A pproved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/2/200911:53 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
41212009 12:24 PM
LAND APPRAISAL REPORT
Agenda Item No. 1681
A~ril14, 2009
lEi!~l&~RDTm'-pw[;-- '~hge 4 of 13
VenanzlO
Barrower Venanzio
P,opertj' Address paremTract: 42.:15 10th Avenue NE
City J~tapl~L__________~_.,..____ Caunty Co'li~"_
Legai Description Golden Gale Estates Unit 73 E 180ft of Tract 50 _____._._
Sale Plice S"r-.J1A.-.__ Dateol Sale_Nl_~_~_,_____ loan Term!,:!!~___ _ yrs Propmy Rights ADprais~d ~_:-.; fee Leasehold ; Ge Minimis PUD
Actual Real Estale Taws S 964!llJ..!:!l (yr) Loan charges 10 be paid by seRer $~L~__,Ot~eT sales concessions N/A ~_____
lemler/Cllenl _9ullier gE~ GovlTr;l_Il~~f!,\l.!!2!!-.P..!Y~I.9..f).,_.~ Address 1!:l_~_~~2\!.!.t1JiQrse~hoe Drive. NapJ~~.?1JQ1__~
Occupant.ya_ci'.~~_ Appraiser Harry~n, SRA ___. InstructianstoADor~lsecJ:3timate Marf;el~. __________.__
Folio #40474120000 artial take 01 rear 100ft of arent tract
location Ur~ilr S~Durban
Built Up Over 75% 25% to 75%
GmWlhRate '-- Fully Dev, Raplo Sleaoy
Prl.Jn[:rtyValues Increasing Sl~ble
Dernand/SuPp:y S~ortaQe I~ Baiance
MarKeting Ti'Tle Umle' 3 Mos. ~-6Mos,
Present Land Use .,6.Q"n, 1 Family ___% 2.4 F~mily _._% Apts
_% Inoustfial_.:!Q% Vacant
:. Cn~nge In Prese~1 Land Use Nol LI~cly LIKely (*) TaKing !'I.ace ('I
{"i ;rorr.YJl_(,i!~L_,_.____ To Ylr:!9.I~_._
" Owner 'Tenant ____~~ Vacant
~.5.,OOC__ 1.0 5_300,000 Predominant Value$.1.4Q,QQL
.._--1.. yrs. to~ yrs Predomin~nt;\ge ____..1Q yrs..
Census 1 r~cl 112,02
FiieNo, 1626 ROUE
Map Reference 833- T 4B-R28
State..E.L......_____
Zip Code 34120
Kura,
:Jnder25%
Empioym8ntSiallillty
Convenie~ce[o Emplo,'ment
{;nnv8l1ience!05Mpprng
Conven;encetoSchoo!s
Adequacy 01 Public TranS00l13lion
HeGre~lillTl<l1 Facilities
Adequacy 01 Utilitle5
Property Com~a!ibililY
ProtecliorticmOetrimentalCondibons
Poiice and Fire ProtectIOn
Genera: Appearance of Properties
Aopetta Market
5'01\'
Declining
Oversuppiy
Over5Mos
~%Commercla;
% Condo
PledominantOccupanc\,
SlngieFamiIY?lIccR<lnge
Single Family Age
Commenls including II;QSB tactors, favorable or unfavorable, aftec~nQ 'lIar.:.etability leg public par~s, schoois. view. noiserThe sublect is located in th~.~fj~l-g~!!![lll__
art of unincQ!p_Q~~€Q.,g9.lli~.,QQl!!:l.tt..!!:'.Jh~".G21s!~Gate_E~t?tes arg,?-,--<;?Q[gen .Q9~,.s,i?1~.t~.s_i!? a sprawlino pre-plaHed subdivis!o..~cons~~~ 01
acreaQe~.~~!~,!~ITl!IY_~.2.fIl_~!gti1J~J_q,~_l!.c.!-~~JYP.i9.~Yl1!:!...,!ji!l.~i:!}J!.~~!!!nq. Essential services are _WlJhin a_ 3:?_~J!1!:J~~,cl~I;.:~,__.1.Q1~J~y..e
NE is a east west runnln seconda street runninQ 011 01 Desoto Blvd The sub ect site will be directi imoacted b Ihe VBRx
Dimensions 180xE.60 J73_ Sc;\or Come'lo\
Zuning classlticallOn _~~,~~~~~~(?,_?~.'!:::~~ cQ~.'f9i!!'.!!:'.9,"~i?~_!!i..J!!,L_~_ Pr~sr.nllmprove'TIBnts do do not con1orm to zoning If)gualrons
Hlgnest and best use ;,/ Presenl JSf. Other iSPBCiIY,1 (parent tract 15 1~.Y~_9.~~_S!!l9!~.:f\l_ITIIIY_9Y'!,"-I~~
PlIb'!c O:ne~ !OBwilJ~J 0;' sm: IMPJ1C1V~M~NTS lopo ~~~'!?L_____. __~~_ ___,_,_._______,,___._,._____
Stre€t Access Pub:IC Pllvole Sile ~Q!!!f@tible Wlth j1.~~B._______
_~_.__, SIlr1Jce_~_I,l.~<'lQ<!~________. StwpeB!!!s:..@!~r
~ Public Priyate'Vlfm_ti~1:I9_9rhood
~j!<..E.~___ Curb/Guttel Or.in.ge~Qear5 \0 be adeqld.'!t.e_____~___.__.__
Underground Elect. & S,tree:hlghts 15 the property located In a HUDldenmled Spetlal Ftood HaUlrd Area? :-;ZNo- Yes
Comments (favQr~bI~ or IInlavorabkl in~luoing any apparen! aov~rse ea~~ments, ellcroaCl1menls. ()f o1hel aOYllfSC comllliolls) Zone D, Comm#1Z0067 250G. dId 11/17/05
No adverse conditions observed. The sublect property is improved with a slnnle-Iarnily dwellinQ which is located outside 01 the ta.!t~J!l~ The
subiect improvem~l}l~,~~.I!9:~ ~u.ffe.r a damage duelothe ta~e, Th~re .arer~p,o!"l~dll'f12_?_lt~lf!1flr9~"'f::!.'!1f.n..!2 located within .the.!~.t~_!?'Cf-0-,.._,~,_~
Eiec
Gas
Waler
San. Sewer
Tile uncersignec ~as r~ci1e~ three rct~n1 s.~s 01 pr1per:ie, mos! similal an, orO~lm,m ID ~,[lilleCl ara ~as ~OnS1Del1)~ mese In :he marke: a~all'm T~c ~e>c~P1ior Irciua~$ a oollal
adiu,tmer,t rellP-cllng market real;llcn 10 Hlose item 01 significant ya~"!io~ between Ihe SIIbl~cr and cDmparable oroperLies II ? signili~anl item in the comparable prODBrty IS slIpellor
t~ or nlm~ til,malJle than the subiec! proocrty J minus {-j adiUSln:~nt IS made HlIlS r~tucin9 the indiCated ;'Jlu~ at subler;l; if ~ Significant Iterr. in me cD~par;;~Ir: 15 i"l~rior to or less
lilvorilbieltlan the suoieclproperty, aptus (+) adjust:nent.is made thus inCleasinQthe indicated value Of the s\lbiecl.
IW': SUBJECT PROPERTY COMP68~BL~ NO, 1 GWJPAF-:b~JE NO 2 COMPARABLE NO, 3
AOdless 4245 10th Avenue NE 3840 Randall81vd 4285 33rd Avenue NE NiS 27th Avenue NE
___.._I-'!aple~" FL 34120 Na.Q!.eS-fL 34120 ~~,EhJi)~9 JJ'!RJes, FL 34120
PIQX1~'\Q..~I!;'lJecLj'__'~__~_~ !..li2miJesNW. 2.50 miles N . _.___ 1.99mlle~.N .._.__..__._.._
~~~: ~;~~: -------~.- .______.____l~'A ----~E~~*6- -~~--,,?~j.~?tci~ 14.~;~~~
!~!!~1~~:g;~ED~:~i~~il;1:~~~~t:~~~~:;;6~:, .~~~~~:~J;=~~~~";t~~~::~I}~:~T;,iS-AdI;;t
SJm0!j~.. _____~?,Z..3-f1.~~~-? _.__._"_. .g.:,11_acr~L_._-----,-----~0.JLi'l.,g 1 ,21.i!fres~______ilJ$La~. .f:.?z..aJZ~L___.._in Stae
lQfl.9Jl.@pn Le~ellnatUTal _ _ _Lf::J.;.:elln!'Jura!...._____ _\"Bvel{~!~t..u.@~____ Level/nalural
Zonin Estales Es:ates ___~_______ E:~.tl'll~~ _........_~_~ Esl9les
Sales or Financing
Concessions
N/A
Cash or Equiv
Cash or Equiv.
Cash or Equiv
Net AdiJlot~IL:- - -----,,----- -~i"-r=-'_$.~===-
~~Va~ ~
ofSutJiecl 17,137 2.:\.172'1$ 14,978
Comments on Mar~et Data Tt)~ cited sales are.all iocate9_in th~~ll~rai v~~lnit~ (If lh.~,S.llEjf::!~tJ.'!._~~~.~ti'l.~tern. Gol~t~n C?ate ESlates area. The sales __
show a unillfJ:rice 1.~!~c.!.~fJ:~_ic~.rangElgJ~}~,9781ac;re:.lo.$,2A,.F?/ac.re:AlT1id-ra.ng~ uni!/pr~c8 .01 ~19,5DDlacre is Juqged to ~.!.~a~nabie for _.
Jb~l!~~ng~______ ____._.~__._____.._
ClJmmcms and COnditions 01 /lppraisal ~!2j~el and camps a.r"~_~!:!J.p_~~ed O..f.:l..8 S/acre unl" price_basis See allached limiltnq Condllions.
_ .f"!!'~QLI@~l.Y1).Iue: 2.73 acres x S19,50Diacre '" $53.200 (roundeQL__~~_____
RDUE Valllation~_________"
rrna: Reconcl:ialion _ The subiect parcel is a P~~I~!lE}.mB!gh~~9..f-W~'y'/D_r~~n~~!Y.\ili!y ,Ea~ef1:l~nt Wt!ldl en~.\.lmbers the rear 100 It of the subec!
... .~-,-t~,Ihi~_BP!::l[;;!'?!l_?!1l'l!g<!_()L4.;.t3_a-'::~~i2.:_Iii~_.!3:9.s~~_~!.lU~ i!!99..~9.t.9..Iep~~~..!.lI.Q, effes!i~.e--0.0:'mb@_n.,g~I 1 OD%.2.Lthe t~~J!lI!:!!~L1~Y~_
_413._?~E}L~ffi,500 " $8.000 rounded
I ESTI~.ATf THE MARKET VIl.LUE, AS DEfINED, Of SUBJECT PROPERTY AS OF __ Feb~J.L- 2009 toile S _~ALOQ..__,___.
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Agenda Item No. 16B 1
~iI14, 2009
162bRQul[P'illiil!l8ge 5 of 13
Location Map
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Pare.nlJr~r::l' 424;U_9th Avenue NE
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Agenda Item No. 1681
A&f:114,2009
Wn.1625RDUEiPaoe ge6of13
DEFINITION OF MARKET VALUE: The most probable price which a property stmuld bring ill a cornoetitive arnJ open maf~et under all conditions
requisite to a 'air sale, the buyer and seller, each acting pruden~y, KnOWledgeably and assuming the price is not .Heeled by undue stimul~s. Implicit in thiS
de!in~i~n is !Ill) cnnsumr71ation 01 a sale as 01 a specitied (lale and the paSSing 01 title tram seller to buyer under condrtions whereby: (1) buyer artd seller are
typir,aliy motivated: (2) boln parties are weli inio'med or We!1 adVised, and each acting in what he considers r.is own best Interes!: (3) a reasor.able time is "lIowed
ior exposure in the open marKet: 14) paYf1l!lf11 is made in terms oi cash in U.S (jal!arS Of in terms 01 tmanclai arrangements cOIT\j)arable thereto: and (5) me price
represents the norma conSideration for the property sold unaljocled tly special 01 creative finan~lng 01 sales concessiMs' granted by anyone associated with
~1f sale
. Adlustments 10 the comparables must ne mad~ fOl special or creative flnancmg or sales coocesslons No adlustments are necessary
lor those costs w~icn are normally oaid by sellers as a result 01 tra(!ttion or law in a market ilrea, these costs are readily identifiab!e
since the selier pays these costs in virtually all sales Enwsactions Special or creative linancing adjustments can be made to the
comparable plOpeily by comparisons 10 finanCing lerms oHered by a third party instltutionai iendm that is not already invoived in the
property or transaction Art) adiuslmen1 should not be calculated on a mechanical dollal tor dOllar cost o! Ihe tinancing or concession
but the dollar amount 01 any adlustment ShoUld aporoximate the marKet's reaclio~ (0 the financing or concessions pased on Ihe
"porai~r,rs judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The apnraisr.r's wtl1i~ation that appears in the appraisal report is subject lO the foiiowing
conditions
1. The appraiser will not be responsible tor mallels oj a legal nature that affect ellhel the property being aporaiscd or the title to rt Th!: appraiser assumes that
the title is good and marxctable and, Iheretore, will oot render any opinions about the title The property IS appraised on tne basis of rt being under resoonsiblr.
ownership
2, The appraiser has OTOvioed a sketch in the appraisal report tD ,how approximate dimensions 01 the improvements and the skelch is included Oniy to assist
the reader of the r~porl in VisualiZing 1M properly and understanding the appralsr.r's oetermination of ils Silt
J TIle IIporaiser has examined Ihf availab!e tlood maps thal are provided by the Federal Emergency Management Agency {or other data sources) and has noted
in tlie appraisal report whether the sublect site IS i:lcaied In an Identified SpeG1~1 F'ood Hazard Area Betause the oppraiser is not a sUfveyor, he or she makes
no guaraotees. express orlmpiied, rrg~rdrnglhls delermmaMn
4 Tne appraiser wi!1 not give testimony 01 appear i~ court because he or she made ~n appraisal ol the pmperty in question, unless specilic <Hraogements to do
so have been rTlllde beloret1and
5 The appraiser r.as eS\lmaleO tho va'ue 01 tile :and In the COSl approach at its highes1 and nest use ami the Improvements at their contributory value, Tl1ese
separate valu~tions 01 the !aM Bnd imorovements must not be used in conjunctron with any other appraisal and ore invaild It they are so used
6 The appraiser has noted in l11e appraisal report any adverse conditions (silel\ as, needed repairs, depreciation the presence oi hazardous wasles, toxic
substances. etc.) observed during the inspection 01 tr.e subled property 01 that he or S~18 became aware QI during the norma' research invOlved in pertormlng
the appraisal Un'ess ctherwis~ stated in the appraisal re~ort the appraiser has no knowied~e of any hidden or unapparent cof\!:litlons of the property or
adverse envrronmentai conditions jinciuoing the presence 01 hmrdous wastes, toxic substances, etc.) tliat would make ttle property more or less valuable, and
has assumed thai there are no such conditions and makes 110 guarantees or warranlles. express or implied, regardmg the condition ot the orooerty. The
appraiser \Viii not iJe respon,ib'e for any slIch cornlitJons thai do eXist or for any engineenng or testing that might be feQuirer110 discover whether such
conditior,s 8J:ist Because the appraiser is not an expert 10 the lield 01 environmentai hamr1s, the appraisal report mllst not ne considered as an
environmr.nta: "ssessmer.t of th~ ~lopei1~
7. The apprarser ootained the inlarmation estimates, and oplniMS that were expressed ir. tile appraisal report frorr sources that he or she considers 10 be
reliable and nelieves them to be true and correct TM appraiser does not assume responsibiiity tor the accuracy 01 Slich items that were furnished by other
narties
The appraiser will not disclose the canten!s of Ute appraisal repurt except as provided lor in the l}:Jitorm Standards of PrcteSSlona! Appraisal Practice
g The appraiser has based his or her appraisa' repcrt and valuation conClusion lor an appra\sal that is subject to salistactory completion, repairs, or
alterations on the ~SSllmptlon thai cc't1pletion 01 the improvements will be pertormed in a workmanliKe manller
10 The .ppraiser must Dlovide his or her prior Vlritten cunsent bel0re the Hloder'cJient speciJied In tile appraisal report can dlstrillLJte the appraisal report
(inCluding conclusions about t~ property value, the appraiser's identity and professional designarions, and references to any prolessional applaisa!
organIZations or the tirm with which the appraiser is assoclatedl 10 anyone oUler Ihan the borrower: the morrgagee or its successors and assigns: the mortgage
Insurer: consultants: prufessionai appraisal organizations: any state or federally approved financial institution: or any depart'Tlent agency, or instlumentality
of Il1e United Slales Of ;my state or tne Distnct of Columbia; except fr,at the lender/client may distribute the property description section of the report only to data
cu:iection or reporling service(s,i wilhoLll having 10 obtain the appraiser's prior written consent The appraiser's wrmen conspni and approva' must also
be obtained before the appraisal can he conveyed oy anyone 10 ttle public through advertising, pubilc relatIOns. news, sales, Of other media
Freddie Mac Form 439f)-93
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Agenda Item No. 16B1
April 14, 2009
~i626RDUE' PaoeP8ge 7 of 13
APPRAISER'S CERTIFICATION: TtJe Appraiser certilies and agrees tnal
I have researched li1~ subject market area and have selecled a minillurn at three recent sales 0' propel1ies mosl similar and pro~imate to the sublec1 property
for consideration :n the sales comparison analvslS and have made a dolar ad,ust:nenl wnen aporopriate to retlee! lne market reaction 10 those items 01 sign~lcanl
vanatlon. H a signifiean! Ilel11 in a comparable proo&rty IS superior to, 0' 1110re !a'lorallle Itlan. the subier.t property_ Illave made a negative adjustment 10 reduce
tile adiusted sa'as price of the comparable and, il a Significant ile'H in a comoarabl~ or8perty is Intenor 10, or less fiIVorable Ihan the subject property, I have made
a posillveadlustmentta increasethEadluSledsJ1esoricecfth€Wllparab!e
2 '~ave la~en Into cMslderallon the factors tMt have ;lr. Impact on vallie ir '11\' deveiopment c' the esn:nate at market value in m~ appraisal report t have not
~noWrnqly wlthlllrd any sipmlicant intormanDn l'om me appra.sal report and I believe tc ttle oe,\ 01 '11y knowledge that ail statements and m!ormalJon in the
oppraisalreportaretrueaoocoTrect
3. i ,taI,ed inlhe appralsa! report only my own persona, unbiased and prolessiona analYSIS, opinions. and conGusions. which are sublecl amy to tile contingent
anG limitl~g conditions specdied In this tor'll
~, I have no present or JrOspectlve mterest in the property that IS the sublect Ie this repor., and: have no presem or prospective personal interest or bias with
:espe~t to tne participants in t~ lransactior. I did oat base, tither partially 0: completely. my analY~ls anD/Or the estmlale oj marKet value In the aopralsal repo~
on the race, coior, reliQion, 5RX, handicap, lamilral status, 0' nat:onal origir, 01 either lhe prospective owners or occupants ol the sublect property or ot tile plesent
owneTs or:)ccupants oi the properties intllrvicinityctthesublect property
5 'navE no present or con!emplo;e~ lJtJfe iDle'est i~ tile SObiW property ~nd nEllher my curren! 0: (1J!U'e ernolOYr'lent nor my comoensation tor oerlormillg this
a!lpr~isa' IS contingent on the appraised value ollhe property
5 I was not reoUlred 10 report 0 uredelermined valLie or directIOn ill value tn.t Javors the cause of the c!lem (lr an)' rSiated parW the amount ot the vaiue estimate.
the a~alnmenl 01 a soec~ic resut or rtle occurrence of a su~seauen! event In art.er to receive rnv cnm~ensa\lon and,'O( emploY'Tlent fOT nertormln9 the Jppr~isa
din om l}as!: tneappralsa: report on a re(luested llin:llUOl 'lilluaMn .3 specillcva1uat<oo.ortheneedtoapprovccspec:lic llrJngageloan
7. I per1or~led t~is apPL1isal in conJo'r~ity wi:'; tile Unrform Swndards Of P:ole<slonai Appraisal Practice (tlat were arJoOled and promulgated by the Appraisal
Stilndaros Board o' The l\DQ'aisal RJllnda:!On ano that were in plac~ as of the effecl've da1~ oj HMS appralsa With the exception of the departure provision oj those
Stano.rds, wr.ich does not apply_ i acknowledge tnat an eS\lmaie 0: a 'rason,l!)le time 1m e:<:pusure In tne open l1arket is a r:ondinon ii' the delinlhon oj marnet value
and the estimate I deve!opcd IS r:onsistent w:t~ Ihe ma,kttlng ~imr. not(:[j in tht: nelghborhOGd s~ctlon of th's report, unless r have otherwise staled in :he
reconcillatiOnsec!ton
8_ I have personally inspecteD the :nterlor and e.lteriOf areas o~ tM sub,le~t prope'l', aNJ thl; exlerior 01 ai: o'operties lls:ed as compara~les in tl'f appraisal report.
r 1urther cernf)' that I have noteD any anparent Dr kllOvm adverse conditiOns in the subrect imorovements, on the subjec: sile, or Dr. any sile wltl:ln the Immediate
vici~ity ollhe sublecl propert~ ot whict'. I anl "ware and have made adjustments to: tliese adve!se conditions in my anall'sls of Ihe property value to th€ extent tha1
: had 'llarket evidence to supporrthwTl I have also commented about theettecl 01 tne adverse conditions on the 11ar,etabilily o'thesullject pmneily
9 I persnnal~ preoared all C01CIUSlons :JOO opinions .bou1 :n~ reo! estate tha1 were set lm1h in the appraisai report If I relied O~ signlllcaot prolessional
asstSlanceJrorn any individual or 'ndividuals In \he oerlormanceol the appraisa'or the prepara:ionolthe allpraisal r800:t i have narlet! such individual{s) and
disclosed the specific tasxs periormed by them i~ Il1e ~econcilialion section 01 this appraisal report I carllly that any indivioual so named is qualified 10 pe<1ofm
the :asks I have not authoiiled Jnyon~ to make J] c~ange ill any item In the report: t'leieJore If an unaumorizea change is majc \0 the appraisal Teport, I wil: taKe
no fp.sponsibili\y for il
SUPERVISORY APPRAISER'S CERTIFICATION: if 3 supervisory appraiser slg~e~ the apnralsa; report he Of sh~ certllies and agrees that
I oirc~ll)' supervise the appraiser whO prepared lne appraisa' reDo~" have leviewed tile ~poraisa: rep~rt, <Jgrce with the s:atemenls and conciusiollS 01 tlie appraiser
<1greeto be bound by the appraisers certilical!ons numbered~ tlwough i" above, and 311 :a~lng1ul':responsibiiity 1m the appraisal anethe app1ai,a, ~port
ADDRESS OF PROPERTY APPRAISED: Parent Tract 424510t~i\_>:,"_nue N~,Napl~$JJ.-~~.____.______
APPRAISER:
Signature: Ji- r IlA..~
Name:.!i~!J'_H_e_f'lderson, SRA
OateSigneo: .lL1L91l
Slate CertihcJtion # RD3475 ___~_.___~~"_..__
orS:aleLicense#' ...__._____
Slate:.E.~._ __.___~___..._.,___.___
Exoiralion Date oj Gertitlcalion or License _lY~.9t1Q____~_._____~
SUPERVISORY APPRAISER (on IV if required):
Signalure
Name
DateSigred _~___~_.
State Ce~ification #
orS\ate,Llcense#..
Slate: _._________
Expiration Dale 01 Cerli(ica(lon or License' ____
I._:-!DIC
__- DidNot:nspeclProperty
Fredoie Mat Form~3g 6.93
Page20f2
FonllleMaeForm 1oo4B6-93
rOTmACR - 'WlnTOTAl" appraisa! software by a ia mode Ill: -1.80o-ALAMCDE
Project: 60168 - Vanderbilt Beach Road Extension - Phase 2
Parcel: 1626RDUE
Folio: 40474120000
Agenda Item No. 16B1
April 14, 2009
Page 8 of 13
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 2009, by and between
ROBIN A VENANZIO AND MICHAEL VENANZIO, married, whose mailing address is
4245 10th Avenue NE, Naples, Florida 34120-9082 (hereinafter referred to as "Owner"),
and COLLIER COUNTY. a political subdivision of the State of Florida, its successors and
assigns. whose mailing address is 3301 Tamlami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herem; 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:
$8,000,00
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, 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Flonda Statutes.
3. Prior to Closing, 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
the" recording in the public records of Collier County. Flonda. At or prior 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 herein
and the following documents and Instruments duiy executed and acknowiedged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility
Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign. Taxpayer Identification and "Gap" Affidavit;
Agenda Item No. 16B1
April 14, 2009
Page g of 13
(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 of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of 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 Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing 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, electrical 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 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 Purchaser. Owner acknowledges
that Purchaser has compensated Owner for 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 lmprovements not removed from 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 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) 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 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 obtarning the written consent of Purchaser to such conveyance,
Agenda Item No. 16B1
April 14, 2009
encumbrance, or agreement, which consent may be withheld by Purchaslr'age 10 of 13
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 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 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 Purchaser.
(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 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 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 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
against the Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording 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 for
the execution of any release, suboi"d;;-iation or satisfaction, shaH be the i"esponsibility
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, Florida Statutes. related to the exemptions against
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(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
Agenda Item No. 16B 1
April 14, 2009
binding upon the parties hereto and their respective heirs, executors, person,li'age 11 of 13
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits
11. 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 Purchaser.
12. 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
13. This Agreement is governed and construed in accordance with the laws of the State
of Flonda.
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
DONNA FIALA, Chairman
AS TO OWNER
DATED
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Rob niJ!i fY} roD
ROBIN A VENANZIO (
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MICHAEL VENANZIO '
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Approved as to form and
leg,~. al uffiClC::: _/-"
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Assistant County Attorney
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VANDERBILT BEACH ROAD
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I i PROPOSED
I 1 PARCEL 1626 RDUE
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Agenda Item No. ~B1
Apn114, 009
12 f 13
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EXHIBIT1 A
page~lof~
["
EAST 180' or-
TRACT .so
TRACT 'i 7
I
I
TRACT 50
GOLDEN GATE ESTATES
UNIT 73
PLAT BOOK 5 PAGE 9
,
,
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1'RACT 63
i
{,ME RICAN 8REAM I
BUILDeRS iNC I
Ol~ J919/2S71
I i
I' BUTLER, DANIEL W
JR .3299/308G
i I
- : _----1____"__'":!~,.=~_=_.__,_~_"__________~.__
--------,OTH AVENUE N.E.
VENANZIO, ROBIN A
&: MICHAEL
OR 4119/3188
~-
SQ. q SQUARE FEEl
ROUE 00 RQADwt,Y, DRAINAGE AND !JTlLlTY [ASEMENT
OR _ OFFICIAL RECORDS (BOOK/PAGE)
PR:)POSED ROAD'IMY, DRAII~^GE AND UTiLITY EASE:.MENT
N
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5
LEGAL DESCRIPTION FOR PARCEL 1626 ROUE
A PORTION or TRACT 50, GOLDEN GATE ESTATES UNiT 73, AS RECORDED IN PLAT BOOK 5, PAGE
9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SEelIG!\ 33, TOif,'NSHIP 48
SDUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, [,I':!NG MORE PARTICULARLY DESCRIBED AS
'.OLLDWS
THE NORTh 100 FEET OF THE [AST 180 FEn 0;:- SAiD TRACT so
CONTAiNING 15,000 SOUARE FEET. MORE OR LESS.
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NOT A BOUNDARY SURVEY SCAL!!:, 1.,"I~O
FOR: COLL1[R COUNlY GOVr.Rhi~E:"I>;T BO/,RD or CDUN1Y COMMISSIONERS
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VANDERBILT BEACH ROAD EXTENSlON
SKETCH & DESCRIPTION OF': PROPOSED HOADWAY, DHAINAGE &
PARCEL 1626 HDUE UTILITY EASEMENT
COLLIER COUNTY, FLORIDA
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