Agenda 04/08/2008 Item #16C 3
Agenda Item No. 16C3
April 8, 2008
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve the acquisition of a lO-foot by 213-foot Utility Easement
located at 4737 Tamiami Trail East at an estimated cost not to exceed $8,200, Project
Number 730451.
OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for the relocation,
construction, and maintenance of wastewater and irrigation quality water pipelines along US 41
East in the vicinity of Catalina Drive.
CONSIDERATIONS: Staff recommends approval and execution of the attached Easement
Agreement (Agreement) between the Board of County Commissioners of Collier County, Florida,
as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water-Sewer District (District), and Michael S, Fuller, Individually and as Trustee of the
Michael S. Fuller Revocable Trust dated September 13th, 2000 (Property Owner), for the purchase
of a 10 foot by 213 foot Easement. The Easement is necessary in order to accommodate the
relocation of existing pipelines, which are currently beneath concrete drainage culverts within the
US 41 Right-of-Way and are subject to frequent breakage caused by the culverts bearing directly
on top of the pipelines. A Location Map is attached.
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Real Estate Service's in-house appraiser estimated the fair market value of tile Easement in
January 2008 to be $6000. Following extensive negotiations, however, it was determined that the
Property Owner needed to recover the costs of sale in addition to the land value, and that the
lowest acceptable price was $7000. In such cases, the real estate appraiser's estimate of market
value is merely a tool to assist buyer and seller in negotiating a fair Plice for the loss of the
property, Consider that several of the key factors of the definition of "market value" do not exist
in this context: (I) the owner is not necessarily (and usually not) a willing seller; and (2) there are
no substitute properties that might satisfy the buyer's needs. Taking this into account, and in light
of the lack of viable alternative locations for this easement, this negotiated price is fair and
reasonable, and the Public Utilities Division has deemed it to be cost efficient and best value in
that it should alleviate conditions which have caused repeated maintenance on this particular
section of pipeline. The Property Owner has expressed no objection to the proposed Easement or
relocation so long as he receives the negotiated price,
The intent of this action is consistent with the 2005 Update to the Wastewater Master Plan as
adopted by the Board of County Commissioners on June 6, 2006 (Table 8-2, Line 72).
The Agreement has been reviewed and approved by the County Attorney's Office and the Public
Utilities Engineering Department. The Easement will be rcviewed and approved by the County
Attorney's Office and the Public Utilities Engineering Department prior to execution and
recordation.
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FISCAL IMPACT: The total cost will not exceed $8,200 ($7,000 for the Utility Easement,
$1,000 for environmental survey, and $200 for title and recording costs). Funds in the amount of
$8,200 are available in the FY 08 budget for this action in Project 730451, FOOT Joint Project
Agreements - Sewer. The FY 08 budget was approved by the Board of County Commissioners on
September 20,2007. Source of funds is Wastewater User fees (414).
Agenda Item No. 16C3
April 8, 2008
Page 2 of 10
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District:
L Approve the attached Agreement and accept the Easement once it has been reviewed and
approved by the County Attorney's Office and Public Utilities Engineering Department; and
2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's
Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct the County Manager or his designee to proceed to acquire the Easement, to follow all
appropriate closing procedures, and to record the Easement, and any and all necessary documents
to obtain clear title to the Easement, in the Public Records of Collier County, Florida.
PREPARED BY:
Gary Bigelow, Property Acquisition Specialist
Real Estate Services/Facilities Management Department
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Page lof2
Agenda Item No. 16C3
April 8, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C3
Item Summary:
Recommendation to approve the acquisition of a 10-foot by 213-foot Utility Easement located
at 4737 Tamiami Trail East at an estimated cost not to exceed $8,200, Project Number
730451.
4/8/2006 9:0000 AM
Meeting Date:
Prepared By
Gary Bigelow
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
3/18/20081:14:58 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
3/18/20083:42 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
3/18i2008 4:17 PM
Approved By
WilHam D. Mullin, PE
Principal Project Manager
Date
Public Utilities
PubliC Utilities Engineering
3/19/20084:34 PM
Approved By
Ronald F. Dillard, P .E.
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
3/19/20085:03 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
3/24/2008 10:51 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/24/2008 2:28 PM
Approved By
James W. DeLany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3/25/20088:03 AM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
3/26/200812:30 PM
Approved By
file:/ /C :\AQendaTest\ExDort\ I 04-Aoril%208. %202008\ 16. %20CONS ENT%20AGENDA \ 16 ... 4/2/2008
Leo E. Ochs, Jr.
Board of County
Commissioners
Page 2 0 r 2
Aqenda Item ~,o. 16C3
- Ap~8,2008
Page 4 of 10
Deputy County Manager
Date
County Manager's Office
3/26/20083:12 PM
file://C:\AQendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGFNOA \ 16". 4/2/2008
I
Agenda Item NO.1 C3
April 8, 08
Page 5 10
PROJECT: Catalina Drive Utility Relocation
Project NO.: 730451
FOLIO NO.: 63103840201
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this -->::::: day of r-; 6 , 2008, by and between
MICHAEL S. FULLER, INDIVIDUALLY and as TRUSTEE of the MICHAEL S.
FULLER REVOCABLE TRUST dated September 13th, 2000 (hereinafter referred to as
"Owner"), whose mailing address is 50 Mahogany Drive, Naples, Florida, 34108, and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
(hereinafter referred to as "Purchase~'), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey \he Property to Purchaser for the stated
purposes, on the terms and conditions set fdrth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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. Owner shall convey the Property via a Utility Easement to Purchaser for the sum
of Seven Thousand and no/100 Dollars ($7,000.00), payable by County Warrant
(said transaction hereinafter referred to as the "Closing"). Said payment shall be
full compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including attorney's fees and
costs as provided by Chapter 73, Florida Statutes.
2. Prior to Closing, Owner shall obtain fwm 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 Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
EA-UE
Easement Agreement
Agenda Item No.1 .C3
April 8, 2 08
Page 2 Page 6 0 10
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill Of environmental law violation on any land
contiguous to or in the vicinity of the Property to be conveyed to the Purchaser;
that the Owner has not received notice and otherwise has no knowledge of a) any
spill on the Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property.
This provision shall survive Closing and Is not deemed satisfied by conveyance of
title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to 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 Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7 The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. The cost of a title commitment shall be paid by Purchaser.
8. 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.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
10. If the Owner holds the land underlying the Property 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 288, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the land underlying the Property before the
Property held in such capacity is conveyed to Purchaser, its successors and
assigns. (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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
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Easement Agreement
Agenda Item No.1 C3
April 8, 2 08
Page 3 Page 7 0 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 2008.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Deputy Clerk
, Chairman
AS TO OWNER:
DATED: z/~/z-,~g
?7/~~
Witness (Signature)
Name /,-;"--' J". ui /
(pri or Type)
Name:/1 (J4/~ A .l?1t!MJ
(Print or Type)
Approved as to form and
legal sufficiency'
EA-UE
.
Agenda Item NO.1 C3
A ril 8, 008
P ge 8 f 10
COlliER COUNTY GOVERNMENT
COUNrl' GOVERNl.1ENT CENTER
3301 E. TA~IAMI TRAil, BLDG. H
NAPLES. FLORIDA 34112
EXHIBIT
Page-1-of
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2.
SECTION 13 and lB. TOWNSHIP 50 SOUTH, RANGE 25 EAST
Addlllo"l '" deletions 1>)1 other thon lhe Proh.nior\ol lo"c;I SUI"V..-yor 1'1 respo"sible ~ho'9" It prohibited.
Land Oeseriplion is ;nvalid ..ithoul si';Jnolure ,md/Of IImbOllSed ."01 01 Ihe Pro/enional L,"'d Surveyor
DESCRIPTION
Catalina Drive Utility Relocation - 1 0' Utility Easement
A portion of Outlot MB" of NAPLES SOUTH, Unit No. 1 according to Plol Book 4, Page 90 of
the Public Records of Collier County, Florida. being more particularly described os follows:
Commence at the Southeast corner of Section 13, Township 50 South, Range 25 East; thence
North 01"35'20" West along the Eost line of said Section 13 a distance of 149.72 feet to 0
point on the Northeasterly right of woy line of U.S. 41 (Tomiomi Troil) per soid plot of
NAPLES SOUTH, Unit No.1, also being the POINT OF BEGINNING; thence along said right of way
line North 39'05'20" West a distance of 150.29 feet; thence leaving said right of way line
North 50'54'40" East 0 distance of 10.00 feet to a line parallel with soid right of way line of
U.S. 41; thence along said parallel line South .39'05'20" East a distance of 213.28 feet to a
point on the Northwesterly right of way line of Catalina Drive per said plot of NAPLES SOUTH,
Unit No.1: thence along said right of way line of Catalina Drive South 50'54'40" West 0
distonce of 10.00 feet to said Northeasterly right of way line of U.S. 41; thence along said
right of way line North 39'05'20" West a distance of 62.99 feet to the POINT OF BEGINNING.
Containing 2132.80 square feet, more or less.
r~OTE: Basis of Bearing is the Eost line of Section 1.3, Townsh'ip 50 South, Range 25 East,
bearing being North 01'35'20" West.
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SHEET 1 OF 2
Parcel Nome: Catolina Utility Relocation
, 0' Utility Easement
Agenda Item No.
April 8,
" ge 9
6C3
008
f 10
COLLIER COUNTY GOVERNMENT
COUNTY GOVERNMENT CENTER
3301 E. lAMIAMI TRAIL. BLDG. H
NAPLES, FLORIDA 34112
SECTION 13 and lB. TOWNSHIP 50 SOUTH. RANGE 25 EAST
Addilio"," or del"tion. byclhorlhgn tI'I. Prl)fes.ionClILond Su....eyor In resp onllblec:harlJeilp.ohib;ted.
Land Oelcr;pliOl'l ill invalid without 1;!Ino!".. gild/or ambo..e<l ..gl of Ii'll Pnlfa"donol Lond Surveyor
" .30.0' FLORIDA POWER &
. / LIGHT COf.lPAN)' EASEMENT
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, NAPlES SOUTH
UNIT NO. 1
PLA T BOOK 4, PAGE 90
OUTLOT "B"
EXHIBIT
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The above Sketch ond/or Land description wOI prepored under my supervision ood is Irl.le ol'ld
correct 10 the besl of my kl'lO&ledg gnd b~i.f and meets the ,tgndard! ell lei forth in
Cl'1apler 6 17- Florida Admini't ive Code.
Y/. ' DATE p-/01/1l7
DEBORAH J. HILL, P SSIONAL SURVEYOR AND MAPPER LICENSE NUMBER: 5196
STATE OF FLORIDA, PHONE 727 531 3505
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CAlCULATED BY:
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CHECK(O BY:
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SOUTHEAST CORNER OF SECTION
TOWNSHIP 50 SOUTH,
RANGE 25 EAST
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Parcel Name: Catalina Utility Relocation
10' Utility Easement
Agenda Item No. 16C3
April 8, 2008
Page 10 of 10
LOCATION MAP