Agenda 03/24/2026 Item #16B 2 (Approve an Agreement for the acquisition of a Drainage Easement (Parcel 104DE) and a Temporary Driveway Restoration Easement (102TDRE))3/24/2026
Item # 16.B.2
ID# 2026-335
Executive Summary
Recommendation to approve an Agreement for the acquisition of a Drainage Easement (Parcel 104DE) and a Temporary
Driveway Restoration Easement (102TDRE) required for construction of the Airport Road (Vanderbilt Beach Rd. to
Immokalee Rd.) Project No. 60190. (Estimated fiscal impact: $40,200)
OBJECTIVE: To acquire a drainage easement and a temporary driveway restoration easement needed for construction
of the Airport Road (Vanderbilt Beach Road to Immokalee Road) Project No. 60190 (the Project).
CONSIDERATIONS: Collier County is seeking to acquire a drainage easement (Parcel 104DE) and a temporary
driveway restoration easement (Parcel 102TDRE) from Pelican Marsh Community Development District (“Owner”)
needed for construction of the Project. Parcel 104DE is a 4,169 square foot rectangular shaped parcel located on the west
side of Airport Road between Pelican Marsh Boulevard and Galleria Court. Parcel 102TDRE is a 2,972 square foot
rectangular-shaped parcel with convex ends located on the west side of Airport Road at Galleria Drive. The attached
Valuation Memorandum, dated November 18, 2025, prepared by the Operations & Performance Management Division’s
Review Appraiser, Lisa Barfield, estimates the market values of Parcels 104DE and 102TDRE to be $7,200 and $1,000
respectively, or $8,200 in total. The attached Purchase and Sale Agreement (the “Agreement”) is the result of amicable
negotiations between the Owner and County staff and provides for payment of $40,000 for Parcel 104DE and no
monetary compensation for Parcel 102TDRE. If these parcels 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. Staff accordingly recommends
that the Board of County Commissioners (the Board) approve the agreement, as a better result is not expected if these
parcels are condemned.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors
FISCAL IMPACT: Funds in the estimated amount of $40,200 are required, the compensation amount being $40,000
and miscellaneous closing and recording costs estimated not to exceed $200. The primary funding source for the
acquisition is through Road Impact Fee District Funds (3090, 3091), and Transportation Capital Fund (3081). Should
impact fees not be sufficient, the secondary source will be general funds. Maintenance of the acquired easement is
estimated at $315 monthly until such time as project construction begins.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. – SAA
RECOMMENDATION(S):
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board.
2. Accept the conveyance of Parcels 104DE and 102TDRE, and authorize the County Manager, or her designee, to
record the conveyance instrument in the public records of Collier County, Florida.
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreement.
PREPARED BY: Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition, Operations and
Page 3524 of 6641
3/24/2026
Item # 16.B.2
ID# 2026-335
Performance Management Division.
ATTACHMENTS:
1. Agreement - 104DE, 102TDRE
2. Aerial - Parcel 104DE
3. Aerial - Parcel 102TDRE
4. Valuation Memo 102TDRE and 104DE
Page 3525 of 6641
PROJECT: 60190 Airport Road (VBR to lmmok)
PARCELS: 1 04DE, 1 O2TDRE
FOLIOS: 0077120101, 66679507127
PURCHASE AND SALE AGREEMENT
(multiple easements)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this _ day of
2026 by and between PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a
community development district organized under the laws of the State of Florida, whose mailing address is
5672 Strand Court, Suite, 1, Naples, FL 34110 ("Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite
800, Naples , FL 34112 (the "County").
Recitals:
A. The County desires to purchase 1) a perpetual non-exclusive Drainage Easement ("Parcel
104DE") over, under, upon and across a portion of Seller's property as described in Exhibit "A" attached hereto'
and2) a Temporary Driveway Restoration Easement ("Parcel 1O2TDRE") over, under, upon and across a
portion of Seller's property as described in Exhibit "8" attached hereto (the portions of Seller's property
described in Exhibits "A" and "8" are collectively referred to herein as the "Property").
NOWTHEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase '104DE and 1O2TDRE (collectively, "the Easements") on the terms and conditions set forth
in this Agreement.
2. COMPENSATION
A. Amount. The compensation payable by the County for the Easements shall be $40,000 of which
$40,000 is allocated to Parcel 104DE and $0.00 to Parcel 1O2TDRE, subject to prorations, apportionments,
and distribution of sales proceeds provided for in this Agreement. No portion of the compensation is
attributable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Easements, including, without limitation, all
improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Easements to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, moving expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. PUBLIC DISCLOSURE. lf Seller holds title to the Property in the form of a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall, before
the full execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida
Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person
having a beneficial interest in the Property before the Easements are conveyed to the County. The foregoing
notwithstanding, (i) if Seller is a corporation 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 exempt
from the provisions of Section 286.23, Florida Statutes, and (ii) the names and addresses of persons or entities
holding less than 5 percent of the beneficial interest in the disclosing entity are not required to be disclosed.
I
Page 3526 of 6641
4. PURPOSE OF EASEMENTS.
A. Parcel 104DE s shall be for drainage and stormwater management purposes and includes the right
to enter upon the Easement Area to a) construct, operate, maintain, repair, replace and remove ponds, canals,
weirs, pumps, underground pipes, ditches, swales, earthen berms, retaining walls and other retaining systems,
irrigation lines, lighting and other electrical facilities, and all other types of water control and related structures
and facilities, at County's sole discretion; and b) place, excavate, use, store, plant, remove and dispose of soil,
trees, landscaping, and other materials and improvements, including the removal and disposal of any and all
property, real and/or personal, not owned by the Grantee to the extent it interferes with the Grantee's rights
under the Easement, without liability to the owner of such property; all as deemed necessary or appropriate
from time to time by the Grantee.
B. Parcel 1O2TDRE The Easement shall be for driveway restoration purposes and includes the right
to enter upon and use the Easement Area to place and/or excavate materials for the purpose of reconstructing,
with materials of like kind, public roadway and driveway facilities so that the existing facilities will transition
from their current elevation to the elevation of the newly constructed pavement immediately adjacent thereto,
with ingress and egress to the parent tract being maintained at all times during construction of the Airport Road
Project No. 601 90 (the "Project"). The Easement includes the right to remove and use any and all excavated
materials.
5. TERM OF PARCEL 102TDRE. The term of Parcel 1O2TDRE shall commence upon the issuance
of Purchaser's official Notice to Proceed to its roadway contractor for the construction of Airport Road (VBR to
lmmok) Project Number 60190 and shall automatically terminate the earlier of the completion of Project
Number 60190 or 3 years therefrom. Provided however, and notwithstanding the foregoing in the event that
said Notice to Proceed is not issued by December 31,2026, the term of Parcel 1O2TDRE shall automatically
terminate on January 1,2027.
6. CLOSING DATE: POSSESSION.
A. Closinq Date. Seller's conveyance of the Easements to the County (the "Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Operations and Performance
Management Division, 2685 S. Horseshoe Drive, Suite 103, Naples, Florida 34104.
B. No Adverse Changes: Risk of Loss. The County's obligation to close shall be contingent upon
the County having determined that, between the date that the County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Property, or other matters previously approved by the County. Between the date of
the parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. lf the Property
is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the
Property at Seller's expense.
C. Possession. Seller shall remove Seller's Personal ltems, vacate, and surrender possession of
the Easements to the County at Closing. Seller shall leave the Property free of all personal property and debris
and in substantially the same condition as exists on the date of Seller's execution of this Agreement. The
County shall have the right to inspect the Property prior to Closing.
C. CLOSING DOC As soon after the parties' execution of this Agreement as is
possible, Seller shall deliver the following documents to the County, properly executed and in a form approved
by the Collier County Attorney's Office (the "Closing Documents"):
(a) Drainage Easement instrument for Parcel 104DE;
(b) Temporary Driveway Restoration Easement instrument for Parcel 102TDRE,
(c) Closing Statement,(d) Affidavit of Title;
(e) Form W-9 (Request for Taxpayer ldentification Number and Certification);
2
Page 3527 of 6641
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(i)
Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
Satisfaction, Partial Release, Termination or Subordination from the holder of each mortgage or
other lien open of record encumbering the Property;
Termination, Partial Release, or Subordination of any leases or rental agreements that
encumber the Property;
Termination or Subordination of any existing easement that encumbers the Property, if required
by the County; and
Such other documents as the County or title company deems reasonably necessary or
appropriate to clear title to the Easements.
Following the Closing, Seller shall execute any and all additionaldocuments as may reasonably be requested
by the County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the
parties.
D. CLOSING COSTS AND DEDUCTIONS.
A. Countv s Closinq Costs. At C losing, the County shall pay (i) the recording fees to record the
Easement instruments and any curative instruments required to clear title; and (ii) the cost of an owner's policy
of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs
incurred and/or processing fees required by mortgagees or other lien holders in connection with the delivery
of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of record
encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable costs
and/or processing fees."
B. Seller's Closinq Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the Easement instruments in accordance with Section 201.01, Florida Statutes, unless the
Easements are acquired under the threat of condemnation, in which case the conveyance is exempt from state
documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as
payoff, paydown, or for the protection of its security interest, or as consideration due to any diminution in the
value of its property right; and (iii) all taxes and assessments that are due and payable.
E IRRIGA TION SYSTEM AND M EOUS IMPROVEMENTS
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on
the Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc.
("Systems"), prior to the commencement of construction, without any further notification from the County.
Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder
property after relocation. Seller holds the County harmless for any and all possible damage to the Systems in
the event Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmprovements. Seller acknowledges that the County has compensated Seller for
the value of all improvements and landscaping ("lmprovements") located on the Property, and yet the County
is willing to permit Seller to salvage said lmprovements provided same are removed from the Property prior to
the commencement of construction. lf Seller elects to retain any lmprovements located on the Property, Seller
is responsible for their removal prior to the commencement of construction, without any further notification from
the County. All lmprovements remaining on the Property at the time of commencement of construction shall
be deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easements.
F. INSPECTIONS.
A. lnspections. Following the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property
3
Page 3528 of 6641
that it deems appropriate, including, without limitation, a title examination, property survey, appraisal, building
inspections, environmental assessments, engineering studies, soil borings, determination of compliance of the
Property with applicable laws, and the like. Seller shall provide the County with reasonable access to the
Property to conduct on-site inspections. The County shall promptly repair any damage to the Property caused
by such on-site inspections.
B. Countv's Riqht to Terminate. Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to acquire the Easements are contingent upon the County's
satisfaction with the Property, including, without limitation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cannot be resolved to the County's satisfaction through reasonable diligence,
within a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole
discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon
neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectify such objections.
G. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Except as may be
disclosed in a title commitment for the property, Seller makes the following additional representations and
warranties on the date of Seller's execution of this Agreement, and shall be deemed to have repeated same
at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority
to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations
under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Property or to occupy the Property,
or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Property to a third party, or grant
to any third party any rights of any kind with respect to the Property, or do anything to change
or permit to be changed the physical condition of the Property, without in each instance obtaining
the County's prior written consent, which may be granted or withheld in the County's sole
discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Property shall remain in effect following the Closing.
(0 There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(g) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Property has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
4
Page 3529 of 6641
(h) Seller has not utilized a real estate broker or agent in connection with Selle/s sale of the
Easements to the County and no real estate sales commission is due.
(i) None of the improvements located on the Property encroach upon adjoining properties, and no
improvements located on adjoining properties encroach upon the Property.
H. DEFAULT: REMEDIES. lf either party fails to perform any of its obligations under this
Agreement and fails to cure such failure within 15 days after receiving written notice thereof from the non-
defaulting party, the non-defaulting party shall have the right to terminate this Agreement by giving written
notice of termination to the defaulting party; without limitation of any other rights and remedies available to the
non-defaulting party at law or in equity, including, without limitation, the right to seek specific performance, and
to recover damages, including attorney fees and court costs, in connection with such default; all rights and
remed ies being cumulative.
l. INDEMNIFIGATION: WAIVER OF CLAIMS. To extent authorized by Florida law and
without waiving, extending or enlarging the limited waiver of sovereign immunity in Section 768.28,
Florida Statutes, Seller shall indemnify, defend, and hold the County harmless from and against all claims
and actions asserted against the County, and all damages, losses, liability, penalties, fines, costs and
expenses, including, without limitation, attorney fees and court costs, suffered or incurred by the County,
arising from (i) Seller's representations and warranties in this Agreement or in any of the Closing Documents
if untrue; or (ii) Seller's failure to perform any of Seller's obligations under this Agreement, irrespective of
whether the County delivers a written notice of default to Seller; or (iii) injuries, accidents, damage to Seller's
personal property, or other incidents occurring on the Property prior to Closing.
J. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing.
K. GENERAL PROVISIONS.
A. Successors and Assiqns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Aqreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severabjlity lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
5
Page 3530 of 6641
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
l. Governing Law: Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. Subject to provisions of Chapter 164.F.S., all disputes arising under this
Agreement shall be brought solely in the courts in Collier County, Florida, and the parties hereby agree to said
venue.
lN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date "t 20-SELLER
PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, A
commun ity development district
organized under the laws of the
State of Florida
By
ROBERT G rman
Date:20 COUNTY:
By
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
App to form a
KAR, ESQ.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
DAN KOWAL, Chairperson
6
or
Assistant County
Page 3531 of 6641
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1o4DE SKBTCH & DESCRIPTION EXHIBIT ''A''
Page I of 3ROW Rcvd
4lL4l2S
OF A DRAINAGE EASEMENT
L\IING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
VICINITY MAP
(NOT TO SCALE)
LEGAL DESCRIPTION
A PARCEL OF I-AND LYING WTHIN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOIA/S:
COMMENCING AT THE NORTHEAST CORNER OF TRACT "R'" PELICAN MARSH UNIT TWENW TWO, AS RECORDED IN PLAT BOOK 31,
PAGE 85 AND 86, COLLIER COUNTY, FLORIDA. THENCE N 00"31'53" W ALONG THE WEST RIGHT-OF-WAY LINE OF AIRPORT PULLING
ROAD (200' RIGHT-OF-WAY) FOR A DISTANCE OF 375.26 FEET TO THE POTNT OF BEGINNING; THENCE 5 89"25'52" W FOR A
DISTANCE OF 3.00 FEET; THENCE N 00'31's3" w FOR A DISTANCE OF 169.05 FEET; THENCE S 89"28'07" W FOR A DISTANCE OF
5.20 FEET; THENCE N 00"31'53" W FOR A DISTANCE OF 85.00 FEET; THENCE N 89"28'07" E FOR A DISTANCE OF 6.20 FEET;
THENCE N 00'31'53" W FOR A DISTANCE OF 470.00 FEET; THENCE S 89'28'07'W FOR A DISTANCE OF 6.00 FEET; THENCE N
00"31'53"WFORADISTANCEOF65.00FEET;THENCEN89"28'0T"EFORADISTANCEOF6.00FEET;THENCEN00"31'53"WFORA
DISTANCE OF 295.00 FEET; THENCE N 89"28'07" E FOR A DISTANCE OF 3.00 FEET TO SAID WEST RIGHT-OF-WAY LINE oF AIRPORT
PULLING ROAD; THENCE S 00"31'53" E ALONG SAID WEST RIGHT-OF-WAY LINE FOR A DISTANCE OF 1084.05 FEET TO THE POINT
OF BEGINNING.
CONTAINING 4,169 SQUARE FEET, MORE OR LESS.
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=NOTES:
1, THE CERTIFICATE OFAUTHORIZATION NUMBER OF T2UES, INC. IS LB{336.
2. BEARINGS SHO\A/N ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF
AIRPORT PULLING ROAD, BEING N 00"31'53" W.
3. LEGAL DESCRIPTION AND SKETCH OR THE COPIES THEREOF ARE NOT
VALID WITHOUT THE S]GNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER,
4. ADDITIONS AND DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER
THAN THE SIGNING PARTY OR PART]ES IS PROHIBITED WITHOUT WRITTEN
CONSENT OF THE SIGNING PARTY OR PARTIES.
5. NOT VALID WITHOUT ALL SHEETS.
SCOTT R. UROUHART
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 6524
(FOR THE FIRM - LB 8336)
S|GNED THIS _ DAY OF _, 2025
ABBREVIATIONS
C.R. = COUNTY ROAD
D.E. = DRAINAGE EASEMENT
FT. = FOOT
lD = IDENTIFICATION
lNC. = INCORPORATED
LB = LICENSED BUSINESS
O.R. = OFFICIAL RECORD BOOK
NO. = NUMBER
P.B. = PLAT BOOK
PG. =PAGE
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
REV. = REVISION
R/W = RIGHT-OF-WAY
SQ. = SQUARE
T.D.R.E. = TEMPORARY DRIVEWAY
RESTORATION EASEMENT
UTF = UNITEDTELEPHONE COMPANY
OF FLORIDA
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1o4DE SKETCH & DESCRIPTION EXHIBIT "A"
Page 2 ot 3OF A DRAINAGE EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
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MATCHLINE ''A"
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9130 GALLERIA CT
PARCEL lD: 34569300026
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LI'INC W'ITHIN
SECTION 35, TOWNSHIP 48 SOT]TH, RANGE 25 EAST
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Page 3533 of 6641
1o4DE SKETCH & DESCRIPTION EXHIBIT ''A''
Page 3 of 3OF A DRAINAGE EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
MATCHLTNE 'rB" CoLLIER COUNTY' FLORIDA
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STRAP NO. 000100 002 03A35
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MATCHLINE ''B''
SEE SHEET 1 OF 3 FOR DESCRIPTION
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MATCHLINE ''A''
SEE SHEET 2 OF 3
20 40
1 inch - 40 ft.
INTENDED DISPLAY SCALE
SKErcH & DESCRIPTION
OF A DRAINAGE EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
(T,?HH 5670 Zip DriE
Fm l*ycrs, FL 33S
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Page 3534 of 6641
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lO2TDRE SKETCH & DESCRIPTION
OF A TEMPORARY DRTVEWAY RESTORATION EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
EXHTBIT ''B''
Page 1 of 2ROW Rcvd
5l7l2s
VICINITY MAP
(NOT TO SCALE)
LEGAL DESCR]PTION
A PARCEL OF LAND LYING WTHIN SECTION 35, TOT^/NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCR]BED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT ''R", PELICAN MARSH UNIT TWENW TWO, AS RECORDED IN PLAT BOOK 31,
PAGE 85 AND 85, COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WEST RIGHT-OF.WAY LINE OF AIRPORT PULLING
ROAD (200' RIGHT-OF-WAY); THENCE RUN S 00'31'53" E ALONG SAID WEST RIGHT-OF-WAY LINE FOR A DISTANCE OF 130.00 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT "R" AND A POINT ON A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG SAID
cURVE (RADIUS OF 25.00 FEET, DELTA ANGLE OF 89"32'22", CHORD BEARTNG OF N 45"18'04" W, CHORD DTSTANCE OF 35.21 FEET)
FOR A DISTANCE OF 39.07' FEET; THENCE CONTINUE ALONG SAID SOUTH LINE S 89"55'45" W FOR A DISTANCE OF 9.00 FEET;
THENCE N 00"31'53" W FOR A DISTANCE 80.00 FEET TO THE NORTH LINE OF SAID TRACT "R"; THENCE N 89"55'45" E ALONG SAID
NORTH LINE FOR A DISTANCE OF 8.60 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID NORTH LINE AND CURVE TO THE
LEFT (RADIUS OF 25.00 FEET, DELTA ANGLE OF 90"27'38", CHORD BEARTNG OF N 44"41'56" E, CHORD DTSTANCE OF 35.50 FEET)
FOR A DISTANCE OF 39.47' FEETTO THE POINT OF BEGINNING.
CONTAINING 2,972 SQUARE FEET, MORE OR LESS.
ABBREVIATIONS
SCOfi R. URQUHART
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 6524
(FOR THE FIRM - LB 8336)
SIGNED THIS _ DAY OF _, 2025
= COUNTY ROAD
= FOOT
= IDENTIFICATION
= INCORPORATED
= LICENSED BUSINESS
= OFFICIAL RECORD BOOK
= NUMBER
= PLAT BOOK
= PAGE
= POINT OF BEGINNING
= POINT OF COMMENCEMENT
= REVISION
= RIGHT-OF-WAY
= SQUARE
= TEMPORARY DRIVEWAY
RESTORATION EASEMENT
= UNITED TELEPHONE COMPANY
OF FLORIDA
NOTES:
1. THE CERTIFICATE OFAUTHORIZATION NUMBER OFT2UES, INC. IS LB{336.
2. BEARINGS SHOWN ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF
AIRPORT PULLING ROAD, BEING S OO'31'53" E.
3. LEGAL DESCRIPTION AND SKETCH OR THE COPIES THEREOF ARE NOT
VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
4. ADDITIONS AND DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER
THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WTHOUT WRITTEN
CONSENT OF THE SIGNING PARTY OR PARTIES.
5. NOT VALID WTHOUT ALL SHEETS,
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SKE"TCH & DESCRIPTION
OF A TEMPORARY DRTVEWAY RESTORATION EASEMET{T
LIING WTTHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
(T,?HrH 5670 Zh hE
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Page 3535 of 6641
BUz
1O2TDRE SKETCH & DESCRIPTION
OF A TEMPORARY DRTVEWAY RESTORATION EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT "B"
Page 2 ol A
$
ACURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BRG.CHORD DIST.
c-1 39.07',25.00'89"32'22"N 45'18'04" W 35.21'.
c-2 39.47'25.00'90"27'38"N 44"41'56" E 35.50',
9190 GALLERIA CT
PARCEL lD: 67988000220
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STRAP NO. 568400 B 13A35
1O'FLORIDA POWER &
o.R. BOOK 62s,
P.O.B.
NE COR. OF TRACT "R'
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o.R.2563, PG. 3012 c-2
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PARCEL lD: 66679507127
STRAP NO. 555125 R 13A35
oR.2725 PG" 1425
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LINE TABLE
LINE BEARING DISTANCE
L-1 s 89"55',45" W 9.00'
L-2 N 89"55'45" E 8.60'
SKETCH & DESCRIPTION
OF A TEMPORARY DRIVEWAY RESTORATION EASEMENT
LYING \IITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
(T,?Hllr 56rc Zip h
Fd MFs. ft r3S
Tel: 239.277 .0721
td. 239.277 .71D
2oF2
Page 3536 of 6641
AERIAL – PARCEL 104DE
(AIRPORT ROAD – VBR TO IMMOKALEE) PROJECT NO. 60190
PARCEL 104DE
/
Page 3537 of 6641
AERIAL – PARCEL 102TDRE
(AIRPORT ROAD - VBR TO IMMOKALEE) PROJECT NO. 60190
PARCEL 102TDRE
/
Page 3538 of 6641
Valuation Memorandum
To: Robert Bosch, Manager, Right of Way Acquisition, Operations & Performance
Management Division
From: Lisa Barfield, Review Appraiser I
Date: November 18, 2025
Subject: Projects #60190 - Airport Rd (VBR to Immokalee); Pelican Marsh CDD-
Parcels 102TDRE and 104DE
Overview
The Collier County Transportation Management Services Department is in the process of
acquiring the easements needed for the Airport Road Widening Project (between
Vanderbilt Beach Road and Immokalee Road). This project will add capacity to the road
corridor and improve travel delay, emergency response times and safety. Proposed
roadway and related improvements include a six-lane divided urban roadway with 11-foot
travel lanes; curb and gutter on both sides; a ten-foot-wide sidewalk on the west side and
a six-foot-wide sidewalk on the east side; a stormwater drainage system; street lighting;
and minor traffic signal improvements.
To facilitate the construction of these critical improvements, the County has determined
that two easements are required from Pelican Marsh CDD: a Temporary Driveway
Restoration Easement (Parcel 102TDRE) and a Perpetual Non-Exclusive Drainage
Easement (Parcel 104DE). The legal descriptions and parcel sketches were prepared by
T2 Utility Engineers and last revised on April 1, 2025.
Easement ID Description Estimated
Value
102TDRE Temporary Driveway
Restoration Easement
$1,000
104DE Drainage Easement $7,200
Total $8,200
Parcel 1: Parent Tract Folio Number: 66679507127, Address: 9078 GALLERIA DR
Parcel 102TDRE is a temporary easement that will give the County the right to enter
upon the described property for a limited time period to construct a smooth transition
Page 3539 of 6641
2685 Horseshoe Drive South, Suite 103, Naples, FL 34104 • Phone: (239) 252-8192
www.colliercountyfl.gov
between the new roadway and the existing entrance. Any disturbed land adjacent to
the driveway will be restored once construction has been completed. Additionally, the
driveway entrance will remain accessible at all times during construction.
The proposed Temporary Driveway Restoration Easement (102TDRE) has an area of
2,972 square feet and is encumbered by a drainage easement, a utility easement, and a
county utility easement (Plat Book 31, Pages 85–86), according to the supplied legal
description and sketch. Typically, the value of a TDRE is determined by applying the
indicated price per acre and an appropriate rate of return. In this location, that
methodology would result in an estimated value of $4,000 for 102TDRE.
However, due to the presence of the encumbrances, the utility of the easement area is
significantly diminished. As a result, the contributory value is estimated at 25% of the
typical value, or $1,000.
Parcel 2: Parent Tract Folio Number: 00177120101, Address: None
The proposed Drainage Easement (104DE) consists of a long, narrow strip of land
varying in width from 3 to 9 feet, with a total area of 4,169 square feet. This area is
entirely overlapped by a 10-foot Florida Power & Light (FPL) easement (Official Records
Book 625, Pages 833–834) ), according to the supplied legal description and sketch.
Even in eminent domain appraisal, it is appropriate to consider the varying
characteristics of different land types within a parent tract—such as wetlands,
encumbrances, or utility easements—when determining contributory value. In this case,
the FPL easement significantly limits the utility and functional integration of the 10-foot
strip with the remainder of the tract.
While the South Florida Water Management District (SFWMD) does not explicitly
prohibit utility easements from overlapping conservation easements, they strongly
discourage any activity that could alter the natural condition of the land or introduce
infrastructure or maintenance activities that conflict with conservation objectives. Based
on this, it is reasonable to assume that SFWMD would not accept the FPL-encumbered
area as part of a qualifying conservation easement.
The highest and best use of the parent parcel is considered to be conservation lands.
However, the 10-foot strip of land, located between the RDUE for Airport Road and the
SFWMD conservation easement, does not contribute to that use. Its value is considered
nominal due to the existing FPL encumbrance and its long, narrow configuration, which
further limits its independent utility and marketability.
Page 3540 of 6641
2685 Horseshoe Drive South, Suite 103, Naples, FL 34104 • Phone: (239) 252-8192
www.colliercountyfl.gov
Importantly, this strip is not integral to the conservation use of the parent tract.
Therefore, it should not be valued as a proportional share of the whole but rather based
on its own distinct and diminished characteristics. Under the principle that a property
owner would not sell something for nothing, it is reasonable to assign a nominal value to
this strip.
A practical approach is to estimate its value based on the cost of a boundary survey,
which would be necessary to accurately define and convey such a remnant. For the
24.64-acre parent tract in the Naples area, a boundary survey is estimated to cost
approximately $7,200, considering site conditions and complexity. This cost serves as a
reasonable proxy for the contributory value of the strip, recognizing that while its market
utility is limited, it is not entirely without value.
CLIENT AND INTENDED USE OF THE APPRAISAL: This estimate of value is meant only for
Collier County intra-agency use. It is not intended to be used by or relied upon by others outside
Collier County government; nor is it to be considered by the recipient as a complete and self -
contained appraisal.
RESTRICTIONS ON THE USE OF AND RELIANCE ON THE SUBJECT REPORT: This
memorandum is a "restricted appraisal report" under the provisions of USPAP. These opinions
expressed are restricted only for intra-agency use in Collier County. The rationale for how the
appraiser arrived at the opinions and conclusions set forth in the report may not be understood
properly without additional information in the appraiser’s workfile.
REAL PROPERTY INTEREST AND TYPE OF VALUE BEING APPRAISED: This Valuation
Memorandum is concerned with the “market value” of the interest in the subject property
DATE OF VALUE: October 22, 2025
EXTRAORDINARY ASSUMPTIONS: No extraordinary assumptions have been utilized in this
determination.
HYPOTHETICAL CONDITIONS: No hypothetical condition has been utilized in this determination.
Limiting Conditions: The information and opinions contained in this appraisal set forth the
appraiser’s best judgment in light of the information available at the time of the preparation of this
report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners.
Reliance upon the appraisal for other uses is prohibited.
Page 3541 of 6641
2685 Horseshoe Drive South, Suite 103, Naples, FL 34104 • Phone: (239) 252-8192
www.colliercountyfl.gov
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief,
• The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this
report. I am a full-time employee of the Collier County Board of County
Commissioners. However, my employment is not contingent on advocating for
Collier County
• I have performed no services, as an appraiser or in any other capacity, regarding
the property that is the subject of this report within the three-year period
immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting
predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of
a predetermined value or direction in value that favors the cause of my employer,
the amount of the value estimate, the attainment of a stipulated result, or the
occurrence of a subsequent event.
• My analyses, opinions and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal
Practice.
• An inspection of the subject property was not done.
• No one provided significant real property appraisal assistance to the person signing
this certification.
____________________________
Lisa Barfield
St. Cert. Gen. REA RZ 2862
Review Appraiser I
Page 3542 of 6641