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Agenda 07/22/2008 Item #16B 9Agenda Item No. 16B9 July 22, 2008 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an Agreement to construct a turn lane for The Rock Christian Church in exchange for the donation of property required for the Collier Boulevard expansion project. Project No. 68056 (Fiscal Impact: recording fees not to exceed $100) OBJECTIVE: To obtain Board approval of an Agreement to construct a right turn lane into the owner's property from southbound Collier Boulevard (CR 951) in exchange for the donation of a parcel of road right -of -way in fee simple and a temporary construction easement for the Collier Boulevard expansion project from Green Boulevard to Golden Gate Boulevard (Project No. 68056). CONSIDERATIONS: Collier County is seeking to obtain a fee simple parcel of right -of- way and a temporary construction easement from Iglesia Cristiana La Roca, Inc., a Florida not - for -profit corporation (The Rock Christian Church). The parent tract of land is described as Golden Gate Estates Unit 1, Tract 113, and is located on the west side of Collier Boulevard between 3rd Avenue S.W. and 5d' Avenue S.W. In conjunction with the proposed expansion of the church and the corresponding increase in projected traffic volumes, the church is being required to install a right turn into the site along Collier Boulevard. Rather than pay for the turn lane as part of its proposed expansion project, the church has elected to donate the right -of -way and the three year temporary construction easement in exchange for the County constructing the turn lane as part of its roadway expansion project. Using the County's projected unit costs for turn lane construction (which are far less than the church's unit costs), it is estimated that the turn lane will cost Collier County $70,113; whereas, the appraised value of the required right -of -way and temporary construction easement is $99,500. FISCAL IMPACT: The fiscal impact is limited to recording fees which will not exceed $100. The recording fees will be funded by 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: The Purchase Agreement has been approved as to form and legal sufficiency. ETC. RECOMMENDATION: That the Board of County Commissioners of Collier County 1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 160FEE via Warranty Deed and Parcel 160TCE via Temporary Construction 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; Agenda Item No. 1689 July 22, 2008 Page 2 of 11 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: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering & Construction Management Attachments: (1) Legal Description of Parcels 160FEE and 160TCE as Exhibit "A'; (2) Pages from Collier Blvd. Project No. 68056 Plans & Cross Sections as Exhibit `B'; (3) Agreement as Exhibit "C"; and (4) Property Location Map as Exhibit "D" Page 1 of 2 Agenda Item No. 16139 July 22, 2008 Page 3 of 11 file: / /C:\AgendaTest\ Export\111 -July %2022% 202008 \16 %2000NSENT %20AGENDA \1... 7/15/2008, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1689 Item Summary: Recommendation to approve an Agreement to construct a turn lane for The Rock Christian Church in exchange for the donation of property required for the Collier Boulevard expansion project. Project No. 68056. (FISCAL IMPACT: recording fees not to exceed $100) Meeting Date: 7/22/2008 9:00:00 AM Prepared By Rebecca Harding Property Acquisition Specialist Date Transportation Transportation ECM 712/2008 3:33:17 PM Approved By Marlene Messam Senior Project Manager Date Transportation Engineering & Transportation Services Construction Management 7/2/2006 4:18 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 7/3/2008 10:16 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/6/2008 9:23 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 7/7/2008 1:45 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 7/7/2008 2:28 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/7/2008 4:47 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 7/7/2008 5:06 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 718/2008 11:21 AM file: / /C:\AgendaTest\ Export\111 -July %2022% 202008 \16 %2000NSENT %20AGENDA \1... 7/15/2008, Page 2 of 2 Agenda Item No. 1689 July 22, 2008 Page 4 of 11 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/8/2008 11:37 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 718/2008 5:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/9/2008 12:11 PM file: / /C:AAgendaTest \Export\ 1 I 1 -July% 2022,% 202008\ 16 %2000NSENT %20AGENDA \l ... 7/1 5/2008 nda Item No 16B9 ly 2a 2008 R aelof11 II I 8 I N FEE SIM" W E I n MITEREST m OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 S 160FEE I) RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH. R1,NGE ;S EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TRACT 112 THE EAST 35 FEET OF SAID TRACT 113. CONTAINING 11.550 SQUARE FEET, MORE OR LESS. n n �✓�'jsfrD�I EXHIBIT Page! of? 5 s,: 1"A SKETCH k DESCRIPTION ONLY ii m eecisr�w,nw e w vom'�`i`'Y0R PROPOSED TEMPORARY sNMxs n>E: FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS . ' t�stcssm suc ar CONSTRUCTION EASEMENT SEET H 8D DESCRIPTION OF: PROPOSED RIGHT OF WAY 35• N6 as L5 TRACT 113 sn0lww, v.MO,w. aw. mo GOLDEN GATE ESTATES 10D' WIDE 100• WIDE UNIT 1 PER PLAT PER PLAT PUT BOOK 4, PACE 73 I / IGLESIA CHRISTIANA U RO INC PROPOSED RIGHT OF WAY OR 84465 /1 H4 PARCEL 160FEE 11.550 50. R. TRACT 114 II n 8 OR = OFFICIAL RECORDS (BOOK /PAGE) ® PROPOSED RIGHT OF WAY FEE SIM" MITEREST ®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPDON FOR PARCEL 160FEE A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT B0011((/4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH. R1,NGE ;S EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF SAID TRACT 113. CONTAINING 11.550 SQUARE FEET, MORE OR LESS. �✓�'jsfrD�I 0 40 IN 300 s,: 1"A SKETCH k DESCRIPTION ONLY ii m eecisr�w,nw e w vom'�`i`'Y0R NOT A BOUNDARY SURVEY scA : 1' -W' sNMxs n>E: FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS . ' t�stcssm suc ar SEET H 8D DESCRIPTION OF: PROPOSED RIGHT OF WAY N6 as L5 PARCEL 160FEE sn0lww, v.MO,w. aw. mo COLLIER COUNTY, FLORIDA )ws FUlm wTa» 1 OF 1 70—.1 22,: e6c N W +E I m S TRACT 112 EXHIBIT " n- Page? of -- 5 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 160TCE 1.658 50. R. 40' ITRACT 113 GOLDEN GATE ESTATES 100- wIDE 100• WIDE UNIT 1 PER PLAT PER PLAT PLAT BOOK 4, PAGE 73 IGLESIA CHRISMNA LA ROCA INC OR 946/1444 I TRACT 114 I e OR = OFFICIAL RECORDS (BOOK /PAGE) TEMPORARY PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY DURATION 3 YEARS. ®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 16OTCE A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 113. CONTAINING 1,650 SQUARE FEET, MORE OR LESS. I /, /T /9/lDJ ro��y/97 0 40 B0 ISO SKETCH & DESCRIPTION ONLY ii`oiaw` necmw.'sox amFiuLLrz x0. NO, row NOT A BOUNDARY SURVEY SCALS v_cD• smxwc AM FOR'. COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS iaimw"^ D w^n�l� ETOjO�m. as> �w M m scu OF PROPOSED OTEMP RARYNCONSTROCTION EASEMENT L�9' i��a4LS'e PARCEL 160TCE eaw wwe+v.san..aw aao wFI.. Fdles]4� W COLLIER COUNTY, FLORIDA 1M1mrf9%SB] hT6 FM RW)'SSZ S LB No-: can JOB NUMBER REVISIDN SECTION TOWNSHIP RANGE SCALE DATE DRAWN By FILE NAME SHEEF 50106.02.00 0006 REVN3 10 49 26 1" = RD' 10 -74 -07 S.D.I. UNI SK160TCE 1 OF 1 11 �m � a m c m Ed 0 • MX- mo Z N m T m m 0 ID„ a e. u o pi a • g¢ e v Q_ V V i _ ypP i I i g e 1 � 1 1 q I 1 e p: m a o 4 ffr•__` -�b c_ t' R � ' p c. • v o Agenda Item No. 16B9 July 22, X008 Page 9 oil PROJECT: 68056 EXI' Tarr " L PARCEL No(s): 160FEE, 160TCE PW 1 of—L6. FOLIO No(s): 36617680007 AGREEMENT THIS AGREEMENT hereinafter re ed to as the "Agreement ") is made and entered into on this . ` day of _ 260Z by and between IGLESIA CRISTIANA LA ROCA, INC., Florida not - for - profit corporation, whose mailing address is 1055 County Road 951, Naples, Florida 34119 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, Owner is the record title owner of certain lands located in Collier County, more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference; and WHEREAS, County has requested that Owner convey to the County a Fee Simple interest in Parcel 160FEE and a Temporary Construction Easement in Parcel 160TCE, over, under, upon and across the lands described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter collectively referred to as the "Property"); and WHEREAS, Owner is willing to convey the Property to County in exchange for construction of a turn lane from Collier Boulevard (CR 951), as depicted in the roadway plans labeled Exhibit "B ", attached hereto and incorporated herein by reference; and WHEREAS, Owner recognizes the benefit to Owner of having County construct said turn lane, and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. 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 Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. EMIBR Agenda Item No. 16B9 pap.����Z Page 100008 5. County 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. 6. As a part of its Collier Boulevard six - laning project between Green Boulevard and Golden Gate Boulevard (Project No. 68056), County shall construct a turn lane from Collier Boulevard (CR 951) serving Owners property, as depicted in the roadway plans labeled Exhibit "B." 7. 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. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 9. 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 Deputy Clerk AS TO OWNF'rR: DATED: (I jIIOS Wl ss (Signatu r'O�"- ;-V�u k�_ Name (Print or Type) Witness (Signature) Name (Print or Typbi BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman App oved as to form and legal sufficiency: Ellen T. Chadwell, Assistant County Attorney last Revised: 8/9/07 IGLESIA CRISTIANA LA ROCA, INC., a Florida not - for - profit corporation %ilyc�yr� t�wuZr -Gem ( PrinJnt Full Name) 5 At- (Print Corporate Title) I r. i y T ,.�. a s, : v �^ R VAKWA tj i