Agenda 06/22/2021 Item #16A11 (Easement Agreement - Vanderbilt Beach Road Extension)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement for the acquisition of four easements (Parcels
160SE, 160TCE1, 160TCE2 and 160TDRE) needed for construction of the Vanderbilt Beach Road
Extension (Project No. 60168).
OBJECTIVE: To acquire the right-of-way needed for the construction of the Vanderbilt Beach Road
Extension Project (the “Project”).
CONSIDERATIONS: The Bishop of the Diocese of Venice (the “Diocese”) owns property at the
northeast corner of Vanderbilt Beach Rd and Collier Blvd, used by St. Agnes Catholic Church under a 99-
year lease. The County needs four easements over portions of the church site for construction of the
Project improvements, namely: a perpetual slope easement (Parcel 160SE); two temporary construction
easements (Parcels 160TCE1 and 160TCE2); and a temporary driveway restoration easement
(160TDRE). Presently traffic exiting the church site onto Vanderbilt Beach Rd can turn left, turn right, or
go straight onto Weber Blvd. As part of the Project improvements, the median on Vanderbilt Beach Rd
adjacent to the church exit will be modified for traffic safety reasons, such that all traffic exiting the
church site will be required to turn right. The Diocese expressed an objection driven by concerns that
forcing all traffic to exit to the right would cause congestion at the intersection of Vanderbilt Beach Rd
and Collier Blvd. To resolve the objection, staff has negotiated the attached Easement Agreement with
the Diocese and St. Agnes Catholic Church whereby the County will construct a second exit driveway
from the church site for additional egress to Vanderbilt Beach Rd, at a new location to the east of the
existing driveway. Under the proposed Agreement, the County will also pay the Diocese’s attorneys’ fees
of $10,000 and engineering expert’s fees of $5,000. In return, the Diocese will donate the four easements
to the County. The consideration provided for in the Agreement is in full and final settlement of any
damages or other claims arising from the County’s acquisition of these easements and construction of the
Project improvements.
If these easements are not acquired by negotiation, they will have to be condemned. Significant risk
factors accrue to the County in condemnation actions, including exposure to exorbitant damages claims
and liability for payment of attorney and expert witness fees and costs. Accordingly, staff recommends
that the Board of County Commissioners (the “Board”) approve the Agreement because a better result is
not expected if the easements are condemned.
FISCAL IMPACT: Funds in the amount of $ 15,200 will be required, being the aggregate compensation
amount of $15,000 and miscellaneous closing and recording fees not to exceed $200. The primary
funding source for these payments is impact fees. Should impact fees be insufficient within a particular
project, the secondary funding source will be gas taxes.
No maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
RECOMMENDATION:
1. Approve the attached Easement Agreement (together with the four individual easement
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instruments attached as exhibits to the Agreement, namely: (i) Exhibit A - Slope Easement; (ii) Exhibit B
- Temporary Construction Easement (160TCE1); (iii) Exhibit C - Temporary Construction Easement
(160TCE2); and (iv) Exhibit D - Temporary Driveway Restoration Easement), and authorize the
Chairman to execute the Easement Agreement on behalf of the Board;
2. Accept the conveyance of the four easements to the County, and authorize the County Manager or
his designee to record the easement instruments in the Official Records of Collier County;
3. Authorize all payments that the County is required to make under the terms of the Easement
Agreement to close the transaction;
4. Authorize the County Manager or his designee to take all necessary and appropriate measures to
ensure the County’s performance in accordance with the terms and conditions of the Easement
Agreement; and
5. Authorize any and all budget amendments that may be required to carry out the collective will of
the Board.
Prepared By: Patricia Braxton, Property Acquisition Specialist, Right-of-Way Acquisition,
Transportation Engineering Division.
ATTACHMENT(S)
1. Easement Agreement (PDF)
2. Location Map (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 15939
Item Summary: Recommendation to approve an Easement Agreement for the acquisition of four
easements (Parcels 160SE, 160TCE1, 160TCE2 and 160TDRE) needed for construction of the Vanderbilt
Beach Road Extension (Project No. 60168).
Meeting Date: 06/22/2021
Prepared by:
Title: Manager, ROW Acquisition – Transportation Engineering
Name: Robert Bosch
05/17/2021 1:49 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
05/17/2021 1:49 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/17/2021 1:57 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 1:58 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 2:07 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 4:00 PM
Road Maintenance Albert English Additional Reviewer Completed 05/18/2021 12:04 PM
Transportation Engineering Mario Puente Additional Reviewer Completed 05/19/2021 9:33 AM
Growth Management Department Gene Shue Additional Reviewer Completed 05/19/2021 10:53 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/21/2021 10:56 AM
Growth Management Department Robert Bosch Growth Management Skipped 05/17/2021 1:49 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/21/2021 4:26 PM
Growth Management Department Trinity Scott Transportation Completed 05/25/2021 9:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/25/2021 10:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/26/2021 11:20 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/30/2021 2:57 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/10/2021 1:48 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
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16.A.11.aPacket Pg. 809Attachment: Easement Agreement (15939 : Parcels 160 et al - VBRX)
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16.A.11.aPacket Pg. 834Attachment: Easement Agreement (15939 : Parcels 160 et al - VBRX)
16.A.11.bPacket Pg. 835Attachment: Location Map (15939 : Parcels 160 et al - VBRX)