Agenda 04/22/2014 Item #16C1 4/22/2014 16.C.1.
EXECUTIVE SUMMARY
Recommendation to approve the Access and Utility Easement Agreement with Collier Land Development,
Inc., for the acquisition of an Access and Utility Easement to accommodate the construction of a
wastewater force main,and to approve reimbursement for expenses incurred for revisions and permitting
fees to the property owner's water main civil engineering plan, for a total cost not to exceed $15,000,
Project Number 70044.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida,as the Governing
Body of Collier County(BCC) and Ex-Officio the Governing Board of the Collier County Water-Sewer
District(CCWSD), accept an Access and Utility Easement from Collier Land Development,Inc.,which
is necessary for a planned wastewater force main. Also,that the BCC approve reimbursement to Collier
Land Development,Inc.,for civil engineering plan changes and Florida Department of Environmental
Protection permit modification expenses incurred to accommodate the CCWSD's planned wastewater
force main within Collier Land Development's construction project boundary.
CONSIDERATIONS: On June 24,2008,as Agenda Item 10G,the BCC adopted the 2008 Wastewater
Master Plan Update that identified the requirement for Force Main Technical Support. The proposed
scope of work for Project 70044, "Force Main Technical Support", is consistent with the 2010
Wastewater CIP Update(dated October 5,2010), page 2 of 4, line 52,as identified in the 2011 User Fee
Rate Study.
A force main must be constructed to meet anticipated system demands and to provide transmission
system integrity through the Sabal Bay Commercial and Isles of Collier Preserve subdivisions near U.S.
41 and Thomasson Drive. The property owner of the land under which the force main will be
constructed,Collier Land Development,Inc., is willing to convey an easement at its appraised value. A
location map is attached for reference.
Real Property Management's in-house Real Estate Appraiser determined the fair market value of the
easement to be$10,208, and $4,195 for costs incurred by the property owner in fees for the charges
related to its civil engineering plans and permit modifications due to the presence of the CCWSD's
planned force main within its project's boundary.
Easement Cost Revised Engineering Design Permit Modification Fees Title Policy&Recording Fees Total Estimate
Cost Estimated Cost
$10,208 $695 $3,500 $75.00 $14,478
FISCAL IMPACT: Funding is available in,and is consistent with,the FY14 Capital Budget approved by
the BCC on September 19,2013. The source of funding is the Wastewater User Fee Fund(414). Funds
are available in Project 70044, Wastewater Force Main Technical Support. The total outlay should not
exceed$15,000.00 for the purchase of the Access and Utility Easement,the reimbursement of fees to the
property owner,recordation of the Access and Utility Easement, and title insurance.
LEGAL CONSIDERATIONS: The item has been approved as to form and legality and requires a majority
vote for Board approval. -ERP
Packet Page-656-
4/22/2014 16.C.1.
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 of Collier County,Florida,Ex-Officio
the Governing Board of the Collier County Water-Sewer District,
1. Approve the attached Access and Utility Easement Agreement,and accept the Access and
Utility Easement;
2. Authorize the Chairman to execute the Access and Utility Easement Agreement;
3. Approve reimbursement to Collier Land Development,Inc.,for fees incurred;
4. Authorize staff to prepare related vouchers and Warrants for payment; and,
5. Direct the County Manager or his designee to follow appropriate closing procedures and
record the Access and Utility Easement in the official records of Collier County.
Prepared By: Marlene J. McLaughlin, Senior Property Acquisition Specialist,
Real Property Management,Department of Facilities Management
Attachments:
1. Access and Utility Easement Agreement
2. Appraisal
3. Invoices
4. Location Map
Packet Page-657-
4/22/2014 16.C.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to approve the Access and Utility Easement Agreement
with Collier Land Development, Inc., for the acquisition of an Access and Utility Easement to
accommodate the construction of a wastewater force main, and to approve reimbursement for
expenses incurred for revisions and permitting fees to the property owner's water main civil
engineering plan, for a total cost not to exceed $15,000, Project Number 70044.
Meeting Date: 4/22/2014
Prepared By
Name: McLaughlinMarlene
Title:Property Acquisition Specialist, Senior,Facilities Management
3/21/2014 4:31:27 PM
Submitted by
Title:Project Manager,Principal,Public Utilities Engineering
Name: PajerCraig
3/21/2014 4:31:28 PM
Approved By
Name: CampSkip
Title:Director-Facilities Management,Facilities Management
Date: 3/21/2014 4:44:06 PM
Name: HapkeMargie
Title:Recycling Coordinator, Solid Waste
Date:3/21/2014 4:49:31 PM
Name: Mott Toni
Title:Manager-Property Acquisition&Const M, Facilities Management
Date: 3/21/2014 5:18:41 PM
Name: JohnssenBeth
Title:Director-Wastewater, Wastewater
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4/22/2014 16.C.1 .
Date: 3/23/2014 9:11:21 PM n.
Name: Joseph Bellone
Title: Director-Operations Support,Utilities Finance Operations
Date: 3/24/2014 12:29:03 PM
Name: PajerCraig
Title: Project Manager,Principal,Public Utilities Engineering
Date: 3/24/2014 8:40:52 PM
Name: ChmelikTom
Title: Director-Public Utilities Engineering,Public Utilities Engineering
Date: 3/25/2014 2:07:14 PM
Name: YilmazGeorge
Title: Administrator-Public Utilities,Public Utilities Division
Date: 3/27/2014 5:27:20 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/10/2014 9:07:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/10/2014 9:52:43 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/11/2014 4:30:04 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/14/2014 1:49:01 PM
Packet Page-659-
Project: Sabal Bay Force Main 4/22/2014 16 C.1
• Folio No.: 00431440006
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between COLLIER LAND DEVELOPMENT,
INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples,
Florida 34103 (hereinafter referred to as "Owner"), 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 "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to-the CCWSD a perpetual
non-exclusive Utility and Access Easement over, 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 Area")to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon,on the terms and conditions set forth herein;and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of these premises,the sum of Ten Dollars($10.00),
ano 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 Easement Area to CCWSD via a Utility and Access Easement,
in the form attached hereto (Attachment "1"), for the sum of Ten Thousand Two
Hundred Eight and no 00/100 Dollars($10,208.00), U.S. currency by County Warrant or
wire transfer(said transaction hereinafter referred to as the"Closing").
2. 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 underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to the CCWSD on or before
the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above ground/below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to
existing conditions or better due to the repair and/or replacement of the CCWSD owned
and maintained wastewater force main. Additionally, the Owner, its successors and
assigns, may utilize the Easement Area for access, and is allowed to construct site
improvements, including, and not limited to access roads, walls, signage structures,
utilities, landscaping,within the Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however,that CCWSD shall have the unilateral right to extend the
term of this Agreement for a period not to exceed sixty(60)days.
5. Owner is aware and understands that the "offer' represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
6. Owner represents that to the Owner's knowledge, the Easement Area and all uses of
the Easement Area 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 Easement Area except as specifically disclosed to
CCWSD;that the Owner has no knowledge of any spill or environmental law violation on
any property contiguous to or in the vicinity of the Easement Area to be conveyed to
CCWSD;that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b)any existing or threatened environmental lien against
the Easement Area or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. CCWSD shall pay for all costs of recording the conveyance instruments 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 CCWSD.
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4/22/2014 16.C.1.
8. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD 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
CCWSD by reason or arising out of the breach of Owner's representation under Section
6. This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
9. 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.
10. Conveyance of the Easement Area 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.
11. If the Owner holds the property underlying the Easement Area 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 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement Area before the
Easement Area held in such capacity is conveyed to CCWSD, 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.)
12. 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 as of the
dates hereinafter stated.
Date Property acquisition approved by BCC:
AS TO CCWSD:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk 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 Tom Henning, Chairman
AS TO OWNER:
DATED: inln„re.t,. 14-, Ito I4 COLLIER LAND DEVELOPMENT,INC.,
• a Flori a rpo tion gilt
,�` � By: t��� ✓N'� 2- 1L/
Witness ess(S' natur ) �
Name: t�12 VCOCk.r c�� Print Name: -.e_k. L. 1.1-44-e.,y-
(Print or Type) , r
Title: V�c
/
Witness
(Signature)
1 « _-_as to form and legality
Name: LA rtoA M• cfr.r14alLOt
(Print or Type) Packet Page-661-
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® 1
• EXIT A 4/22/2014 16.0.1 .
5tfltec •
Legal Description of part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida
(15'Wide C.U.E. (Collier Utility Easement))
Commencing at the Easterlymost Corner of Tract"H" according to the plat of Sabal Bay
Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of
Collier County, Florida and also being a point of the southwesterly Right of Way of State Road
No. 90 (US 41).
Thence along said Right of Way South 39°03'59" East 567.81 feet to the Point of Beginning:
Thence along continue along said Right of Way South 39°03'59" East 180.89 feet to a point on
a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public
Records of Collier County, Florida;
Thence leaving said Right of Way and along said Drainage Easement South 41°05'31"
West 15.23 feet;
Thence leaving said easement and along a line 15 feet south and parallel with said Right
of Way, North 39°03'59"West 183.49 feet;
Tract"H";
Thence North 50°56'01" East 15.01 feet to the POINT OF BEGINNING.
Containing 2,734 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida
State Plane- East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization #LB-7866
By: 1/24/14
Lance T1vliller, Professional Surveyor and Mapper#LS5627 Date
:Not Valid-unless embossed with the Professional's Seal
REF2[5-122/CUE sheet 2
Packet Page -663- CA
/! 1..
. obla 4/22/2014 16.C.1 .
,l o l R,g. ,E -co lul
PROJECT: Saba!Bay Force Main Project
FOLIO No.. 00431400004&00431440006
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of
2014,by COLLIER LAND DEVELOPMENT, INC.,a Florida corporation,whose mailing address is 2550 Goodlette Road,
N., #100, Naples, Florida 34103, (hereinafter referred to as"Grantor"), to 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, its successors and assigns, whose
mailing address is 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112,(hereinafter referred to as"Grantee").
(Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their
respective heirs,legal representatives,successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00)and other valuable consideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement for wastewater utility facilities and access
purposes,over, under,upon,and across the following described lands located in Collier County, Florida,to wit:
SEE ATTACHED EXHIBIT"A",which is incorporated herein by reference
Subject to easements,restrictions,and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land,
excavate, and place or remove materials, including, but not limited to wastewater lines and pipes,and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater
utility facilities thereon. The easement granted herein is subject to the terms and conditions of the Utility and Access
Easement Agreement of even date between Grantor and Grantee which are incorporated in full herein by this reference
and shall constitute easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first
above written.
COLLIER LAND DEVELOPMENT,INC.,
a Florida corporation,
C . - > t��'.� By: /04 / /�1/ta 1
Witness(Signature)
/� (....4(:' !1 / PrintName:gak,- ..X- {-. 1,1-4-4-c---
Name: LC( u 1 nc /'rCL'L.
(Print Title: V r ie T it
:,d ,
V � 4_�,
e
Witness(Signature)
Name: L.i 14 " C.l;r.irJAns.A
(Print or Type)
STATE OF /F1 lrvr 1-a
COUNTY (s61le.,V
The foregoing Utility and Access Easement was acknowledged before me this /`kay of
a,.c__ ,2014 by q --rzAex L. U.*ce-v-(Name), vtce- t?res;le.wa (Title),on
behalf of Collier Land Development, Inc.,a Florida corporation,who is[ .--personally known to me, or
[ ]who has produced as identification.
WITNESS my hand and official seal this /5 "day of /J] -e_-"- ,2014.
(affix notarial seal) ' , . Gc
ign.'ture of Notary Public)
Max*t4 14 . rt-o w a.J
(Print Name of Notary Public)
A+�`*ti raloRAHA.BRO'. NOTARY PUBLIC
. MYCRES 'iru !EE81• Serial/Commission#:(if any) t G 2`f'39 Z-9
-•_ EXPIRES:Octa,,,':,2016
_` B«md Tin Notary Putx Ur,kv,wcrs My Commission Expires: tied'. 1G, . oI to
Packet Page -664-
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Sabal Bay Cl.mmercial Plat-Phase One
(15'wide Utility Easement Appraisal)
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PREPARED FOR AND PROPERTY OF
IOLLIER COUNTY BOARD OF COMMISSIONERS
?ELIANGE UPON APPRAISAL FOR OTHER
USES IS NOS WARRANTED
Packet Page -665-
4/22/2014 16.C.1 .
SCOPE OF WORK
Communication with the client is required to establish most of the information necessary for
problem identification. However, the identification of relevant characteristics is a judgment made
by the appraiser and this information is obtained from public records and Realist Services data.
This appraisal summary report does not include assumptions, extraordinary assumptions,
hypothetical conditions, supplemental standards, jurisdictional exceptions, and other conditions
that affect the scope of work. Determining the scope of work is an ongoing process in an
assignment. Certain information or conditions discovered during the course of an assignment
might cause the appraiser to reconsider the scope of work, however in this appraisal assignment,
the scope of work process is stated below. The scope of work will include research, analyses of
the subject property neighborhood, market area, and surrounding areas.
This information provides the appraiser with the basis for determining the type and extent of
research and analyses to include in the development of an appraisal. Similar information is
necessary for identification of the problem, determining the solution or scope of work, and
applying the solution such as;
• client and any other intended users;
• intended use of the appraiser's opinions and conclusions;
• type and definition of value or objective;
• effective date of the appraiser's opinions and conclusions;
• subject of the assignment and its relevant characteristics; and interest valued;
• assignment conditions.(hypothetical conditions, extraordinary assumptions)
The problem consists of obtaining market value for the identified subject property. The
parcel is being acquired for public use purposes. The property interests valued in this
parcel will be fee simple. The scope of the work will include following the Appraisal
Summary Report format(b) displayed on a chart located on the preceding page. The
opinion(s) of the real estate appraiser will be communicated in Summary Appraisal
Report format. The definition of market value, effective date of the appraisal, and
relevant conditions will be defined in this section of the appraisal.
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT WARRANTED
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. 4/22/2014 16.C.1 .
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Packet Page -667-
4/22/2014 16.C.1 .
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Stantec 4/22/2014 16.C.1 .
Legal Description of part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida
(15' Wide C.U.E. (Collier Utility Easement))
Commencing at the Easterlymost Corner of Tract"H" according to the plat of Saba! Bay
Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of
Collier County, Florida and also being a point of the southwesterly Right of Way of State Road
No. 90 (US 41).
Thence along said Right of Way South 39°03'59" East 567.81 feet to the Point of Beginning:
Thence along continue along said Right of Way South 39°03'59" East 180.89 feet to a point on
a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public
Records of Collier County, Florida;
Thence leaving said Right of Way and along said Drainage Easement South 41°05'31"
West 15.23 feet;
Thence leaving said easement and along a line 15 feet south and parallel with said Right
of Way, North 39°03'59"West 183.49 feet;
Tract"H";
Thence North 50°56'01" East 15.01 feet to the POINT OF BEGINNING.
Containing 2,734 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida
State Plane- East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization #LB-7866
C714"/
By: 1/24/14
Lance T Miller, Professional Surveyor and Mapper#LS5627 Date
Not Valid unless embossed with the Professional's Seal
REF: 2D-122/CUE sheet 2
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT WARRANTED
Packet Page -669-
REAL ESTATE APPRAISAL 4/22/2014 16.C.1 .
EASEMENT VALUATION
Folio:No. 00431440006 1. - . `Property:Address .15150 Tamiami Trail E
Owner Name COLLIER LAND DEVELOPMENT
Addresses
City I ;: `state . .I I Zip. I
Legal EASEMENT VALUATION 182.2 FT X 15 FT
.0'. Section I Township 6,F' '3tange; ._ . . Acres r ,map.. ., 1 Strap No.
19 50 26 5819
TYPE. UTILITY EASEMENT u- Mill rlit02".
. Use Code 2,733SF/0.0627 AC
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
TAMIAMI TRAIL E TAMIAMI TRAIL E TAMIAMI TRAIL E TAMIAMI TRAIL E&CR 951
Proximity to Subject 5,, - - ti :•,, . 400004&440006 447760000 3452002004
Sales Price $2,722,000 ; e $800,000 ; $1.000,000
z .
Unit Price _ i.::-.7, ; i . r ,.
., .. .-
Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data
+1-$ +/-$ +/-$
Date of Sale&Time DESCRIPTION DESCRIPTION Adjustment DESCRIPTION Adjustment DESCRIPTION Adjustment
Adjustment
, y 12/00/2012 $0 $120,000
Location TAMIAMI TRAIL E EQUAL $0 EQUAL $0 Equal $0
__ZONING MPUD Similar $0 Similar $0 Similar $0
`ies Available Electric/Water Equal $0 EQUAL $0 Equal $0
_.4.e/Acres 182.2 X 15 OR 0.0627 AC 12.56 ac $0 4.13 AC $0 4,54 AC $0
View/USE COMMERCIAL Similar $0 Similar SO Similar $0
ACCESS ACCESS Access $0 Access $0 Access $0
Sales or Financing
. M ";;.,.1.;.- r
Concessions 4 s
" Cash $0 CASH CASH
Net Adj.(Total) wo .,» = $0 rg r $120,0004 $0
Indicated Value of x 216,720 At.; i �• i 222,760 AC 220,264 AC
Subject 4�a"%4.getz,‘* „ a� ,.,':s ,f V2 e , '' >;, '3. ,, 5 .r.,„. _ .xa
Comments on Market Data:Taking the 3 adjusted per acre prices,the average of these are$219,915 say$220,000 per acre for the subject property size and
location,This is considered the base unit value for the proposed easement areas.The proposed utility easement is underneath an existing easement.
Comments and Conditions of Appraisal. The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and this report is a market value appraisal. The appraisers decisions and scope of work may become relevant to the
characteristics of extraordinary assumptions or hypothetical conditions and may become applicable in this valuation.
Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property.
SUB SURFACE EASEMENT
ESTIMATED EASEMENT AREA 2,733 SF OR 0.0627 ACRE X$220,000 AC X 74%RESULTING IN $10,207.56 Say$10,208 dollars.
DATE OF ESTIMATED VALUE: $10,208 12/30/2013
Appraiser: .— ----(2 ‘,...,,,,Z
Roosevelt Leonard
PREPARED FOR AND PROPERTY OF
COLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
USES IS NOT WARRANTED
Land Appraisal Report, Appraisal Form 02 Re- """"'°
Packet Page -670-
4/22/2014 16.C.1.
Easements
mom
According to the Dictionary of Real Estate Appraisal, an easement is the "conveyance of certain property
rights,but not ownership,to a parcel of real estate. The creation of an easement is somewhat similar in that we ^
are dealing with concepts of time an d space. By definition, the creation of an easement conveys a portion of the
total bundle of rights to a third party. In terms of space,three broad classes of easements exist and include
subsurface, surface and,overhead easements. One key question is "will the easement affect the use and/or utility
of the property that results in a change in highest and best use?"Also, the easement may include accessory
rights such as the ability to access the easement and ability to expand the use within the easement.
Easement Valuation
The Easement Valuation Matrix is used as a general guide in looking at the effect an easement may have on the
total bundle of rights. This chart is not considered to be an exclusive list of all type easements an d their effect
on the total bundle of rights, but the Valuation Matrix demonstrates the general effects on the fee ownership.
EASEMENT VALUATION MATRIX
Percentage Potential Types
o • - Comments of Easements
asement
'„ 4 e K es � �O,„,. At to fe„..„„,,,g.-„..„,.. a,7, --k : - a fi Vtl:°NNW ' ,g„ c Fsr y -. 1
v roy. ' ,.4"r�'�y�, `ter
75°to—8X3% QNET. 'Lyt o surface t.4,t, Npe kAe
z5 Con eyan e o ure'use 3 yyfl.raanage aseme
e K ,
.-54%-7.:':4-41V.,- 'S e.impact on.sc ce use pe a'conveyance ,.= 5cer�c easements �
in,rressfe s if its.-
r � € r°
J. P«
' � �t'£ fl87etEg
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.; r �r hie � cros .'EA x�,_is 5
. ylu�e .drea t i 7 �' .'.
^
t 3
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` � i# 6titf[d �eCteFk use it erPrs'erve `t n
s ✓ °5y�..tai"4 T' 31K �,° "7°k
ø°k.i'''.1,114,':- •allomitta[:effect an ruse.ao -•matt subsurface x
'; CItl7, -`� r,. � .,. c�-e'i5efl3Cn
z
i1
PREPARED•FOR AND PROPERTY OF
OL�iEf�OOUNTY BOARD OF COMMISSIONERb
' IANOE UPON APPRAISAL FOR OTHER
UB!S IS NOT WARRANTED
Packet Page-671-
File No. 4/22/2014 16.0.1 .
Case No.
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and
assuming the price is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a
specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically
motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest; •
(3)a reasonable time is allowed for exposure in the open market; (4)payment is made in terms of cash in U. S.dollars
or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the
property sold unaffected by special or creative financing or sales concessions`granted by anyone associated with the sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments
are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market;these costs
are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated
on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should
•approximate the market's reaction to the financing or concessions based on the appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is
subject to the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or
the title to it.The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions
about the title.The property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements
and the sketch is included only to assist the reader of the report in visualizing the property and understanding the
appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special
Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding
this determination.
4. The appraiser will not give testimony or appear in court oecause he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements
at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with
any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions(such as,needed repairs,depreciation,the presence
of hazard wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became
aware of during the normal research involved in performing the appraisal.Unless otherwise stated in the appraisal report,
the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,
and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding
the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any
engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert
in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment of
the-property.
7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources
that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility
for the accuracy of such items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of
Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion,repairs,or alterations on the assumption that completion of the improvements will be performed in a
workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report
can distribute the appraisal report(including conclusions about the property value,the appraiser's identity and professional
designations,and references to any professional appraisal organizations or the firm with which the appraiser is assgiCia.lg tD FOR AND PROPERTY OF
to anyone other than the borrower;the mortgage or its successors and assigns;the mortgage insurer; cons /'tt-.6UNTY BOARD OF COMMISSIONER:
professional appraisal organizations;any state or federally approved financial institution;or any department UPON APPRAISAL FOR OTHER
• or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distrlbu ES IS NOT WARRANTED
the property description section of the report only to data collection or reporting service(s)without having to obtain the
appraiser's prior written consent.The appraiser's written consent and approval must also be obtained before the appraisal
can be conveyed by anyone to the public through advertising,public relations,news,sales,or other media.
Rothe floc Form 4 3g(E-93) Produced by Click.F(Packet Page-672-'7 Fannie Mae Form 10048 (6-93)
File No 4/22/2014 16.C.1 .
PURPOSE AND USE OF LIMITED APPRAISAL Case No
The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property collateral for use in a proposed
underwriting.This limited appraisal is for the use of the party to whom n is addressed and any further use or dissemination without consent of the
appraiser and addressee is prohibited.
DEFINITION OF MARKET VALUE
Market value,as referenced in OCC Rule 12 CFR 3.4.42(f):
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer
and seller,each acting prudently,and knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the
consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby(1)buyer and seller are
typically motivated;(2)both parties are well informed or well advised,and acting in what he considers his own best interest;(3)a reasonable
time is allowed for exposure in the open market; (4)payment is made in terms of cash in U.S dollars or in terms of financial arrangements
thereto,and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'
granted by anyone associated with the sale.'Adjustments to the comparable must be made for special or creative financing or sales concessions
No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to
the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property
or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount
of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement.
DESCRIPTION OF LIMITED VALUATION PROCESS
in performing this preliminary value analysis,the valuation process consisted of:(1)Reviewing assessment/public records and comparable
database fisting information for the subject;(2)Conducting an inspection of the subject and its environs;(3)Analyzing sales of regional residential
real estate;(4)arriving at a value conclusion;(5)Writing this report.
Departures from specific appraisal guidelines included:SR 1-3 because the appraiser has presumed,for the purpose of the limited appraisal,
that the existing use of the subject property is the highest and best use;SR 1-4 because only a sales comparison analysis of value was employed
in this limited appraisal since it is the primary valuation method for residential dwelling similar to the subject.Any additional uses of the departure
provision are specifically stated in the attached appraisal report or its attachments.
SALES HISTORY
According to the data utilized in preparing the report,the property Ej has X1 has not transferred within the past 12 months.
LEVEL OF RELIABILITY
The use of the departure provision to allow a limited appraisal with a single approach to value reduces the level of reliability of this report.
RECONCILIATION
Complete weight was given to the Sales Comparison Approach as it is the approach used by most buyers when purchasing a single family
dwelling,The Income Approach was not applicable because of the lack of rental information and meaningful relevancy to the value of a dwelling
located in this primarily owner occupied neighborhood.On the other hand,the Departure Provision was utilized to estimate the Cost Approach,
because the appraiser decided this omission in this limited appraisal assignment would not confuse or mislead the client or the intended users
of this report,The market value is estimated on the FHLMC form 704 or similar attached.
ASSUMPTIONS AND LIMITING CONDITIONS
•No responsibility is assumed for the legal discrimination or for matters indicating legal or title considerations.Title to the property is assumed
to be marketable,The property is appraised free and clear of any and all liens and emcumbrances,except as noted in the report
•information furnished by others during the course of the research has been verified to the extent possible and is believed to be reliable,but no
warranty is given for its accuracy.
No responsibility is assumed for the effect on value of hidden or unapparenl conditions of the subsoil or structures;or for arranging to discover such conditions. 9 in engineering
ineerin 9 g
. 'No evidence of contamination or hazardous materials was observed.However,the appraiser is not qualified to detect potential hazardous waste
material that may have an effect on the subject property.The client may wish to retain such an expert if he desires.
'Sketches and other illustrative material are included only to assist the reader in visualizing the real estate and its environs,are based on data
developed and supplied by others,and are not meant to represent a survey or as-built plan.
•Any distribution of the total valuation among land,improvement,and/or other components applies only under the stated program of utilization
and must not be interpreted or used as individual values for other purposes.
The appraiser is not required to provide consultation,testimony,or attendance in court by reason of this assignment,unless such services have
been assigned in contracting the assignment.
'Possession of the report or a copy thereof does not carry with it the right of publication,and it may not be used for any purpose by anyone other
than the addressee,without the written consent of the author and addressee.Even with such permission,out-of-context quoting from and/or
partial reprinting of the report is prohibited.The report is an integrated entity and is only valid in its entirety.
Neither all nor part of the contents of the report shall be disseminated to the public relations,news,sales,or other media without the prior written
consent and approval of Inc author.
LIMITED SCOPE APPRAISAL CERTIFICATION
I certify to the best of my knowledge and belief that:the statements of fact contained in this report are true and correct;the reported analyses,
opinions,and conclusions are limited only by the reported assumptions and limited conditions and are personal,unbiased,professional analyses,
opinions and conclusions;I have no present or prospective interest in the real estate and have no personal interest or bias with respect to the
stipulated result,or the occurrence of a subsequent event;the analyses,opinions and conclusions were developed and the report prepared in
conformance with and subject to the requirements of the Uniform Standards of the Professional Appraisal Practice of the Appraisal Foundation;
the appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a ban;I personally prepared
all conclusions and opinions about the real estate that were set forth in the appraisal report.If I retied on significant professional assistance from
any individual(s)in the performance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed
the specific tasks performed by each in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to
perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the
appraisal report,I will not take the responsibility for it
SUPERV1SORYAPPRAISER'S CERTIFICATION
If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that:I directly supervised the appraiser who prepared the
appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser,agree to be bound by the
appraiser's certification above,and am taking full responsibility for the appraisal and the appraisal report
UTILiTY EASEMENTS ARE BASED ON USE VALUE-A VALUE CONCEPT WHICH tS BASED UPON THE PRODUCTIVITY OF AN ECONOMIC
GOOD TO iTS OWNER-USER.VALUE IN USE MAY BE A VALID SUBSTITUTE FOR MARKET VALUE WHEN THE CURRENT USE
SPECIALIZED THAT IT HAS NO DEMONSTRABLE MARKET AND THE USE iS ECONOMIC AND LIKELY TO coNTiRIBgP PRED F� AND PROPERTY OF
PROPERTY ADDRESS C¢SCNt eN7 COLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOR OTHER
APPRAISER' USES IS NOT WARRANTED
Signature: SUPERVISORY APPRAISER (only if required)
Signature:
Name: ROOSEVELT LEONARD Name:
—
Date Signed: /Z '3 - Sb i 3+ Date Signed:
State Certification State Certification#: •
or State License 3287 or State License :
State
State
Expiration Dale of Certification or License: 11/2014 Expiration Date of Certification or License:
(�Did h Did Not inspect the Interior of the Property id not inspect property
Packet Page -673-
4/22/2014 16.C.1 .
Peninsula Improvement Corp.
FL Cert.Of Authorization#28275 N it_ j
Attn:David Genson,PE I ,t
INSULA
2600 Golden Gate Parkway N G p� (-,
Naples,FL 34105 �E
Phone 239.262.2600 Fax 239.403.6808 DATE: February 28,2014
INVOICE# INV9999
FOR PERIOD: February 2014
Bill To: CUSTOMER ID COLLIER ENT MGT
Collier Enterprises Management,Inc.
2550 Goodlette Road North,Suite 100 PROJECT#: P-CEMI-002
Naples,FL 34103 PROJECT NAME: Sabal Bay Commercial
Phase 2
INVOICE DETAIL
1.6 Consulting for County Force Main
Date Employee Activity Hours Rate
2/7/2014 JENGLISH Review AECOM plan for County Force Main 1 $ 125.00 $ 125.00
project,speak with client,prepare detailed
memo of design and permitting issues
to address
2/18/2014 JENGLISH Redline PPL site construction plans re:to add 0.5 $ 125.00 $ 62.50
Collier County Force Main project
2/18/2014 JLIGHTELL Revised water main to accommodate Collier 4 $ 80.00 $ 320.00
County Force Main project
2/19/2014 JENGLISH Review Sabal Bay Commercial PPL plan revision 0.5 $ 125.00 $ 62.50
#6 re:to add Collier County Force Main
project
Subtotal $ 570.00
Make all checks payable to Peninsula Improvement Corp.
If you have any questions concerning this invoice,contact David Genson,239.262.2600,dgenson @barroncoliier.com
THANK YOU FOR YOUR BUSINESS!
Packet Page-674-
4/22/2014 16.C.1 .
Peninsula Improvement Corp.
FL Cert. Of Authorization#28275 � i
Attn:David Genson,PE P E I�� r J I ! '�i Li L
2600 Golden Gate Parkway
ENGINEERING
#, '
Naples,FL 34105
Phone 239.262.2600 Fax 239.403.6808 DATE: January 31,2014
INVOICE# INV9998
FOR PERIOD: January 2014
Bill To: CUSTOMER ID COLLIER ENT MGT
Collier Enterprises Management,Inc.
2550 Goodlette Road North,Suite 100 PROJECT#: P-CEMI-002
Naples,FL 34103 PROJECT NAME: Sabel Bay Commercial
Phase 2
INVOICE DETAIL
1.6 Consulting for County Force Main
Date Employee Activity Hours Rate
1/29/2014 JENGLISH Review Collier County plan(pdf form Craig 0.5 $ 125.00 $ 62.50
Prajer)and respond by email re:potential
conflicts created by force main in Sabal Bay
CUE proposed by CC
1/30/2014 JENGLISH Phone call with owner,email request for 0.5 $ 125.00 $ 62.50
Sabal Bay and County Force Main plan overlays
re:proposed County Force Main in Sabal Bay
Commercial CUE
Subtotal $ 125.00
Make all checks payable to Peninsula Improvement Corp.
If you have any questions concerning this invoice,contact David Genson,239.262.2600,dgenson @barroncollier.com
THANK YOU FOR YOUR BUSINESS!
Packet Page-675-
4/22/2014 16.C.1.
Peninsula Improvement Corp.
.. FL Cert. Of Authorization#28275 t
Attn:David Genson,PE N
2600 Golden 0 Parkway I R
Naples,FL 341105 5 �a 1 N
Phone 239.262.2600 Fax 239.403.6808
DATE: February 28,2014
INVOICE# INV9999
FOR PERIOD: February 2014
Bill To: CUSTOMER# COLLIER ENT MGT
Collier Enterprises Management, Inc.
2550 Goodlette Road North,Suite 100 PROJECT#: P-CEMI-002
Naples,FL 34103 PROJECT NAME: Sabal Bay Commerical
Phase 2
Description Fee Amount Task % Earned To Previous Current
Type Cpt Date Billing Amount Due
1.1 Design-Site Civil Construction Plans $35,805.00 TME $ 35,805.00 $ 35,805.00 $ -
1.2 Permitting-SFWMD ERP Letter Modification $ 1,000.00 TME $ 945.00 $ 945.00 $ -
1.3 Permitting-Collier County&FDEP Permits $29,882.50 TME $ 30,440.00 $ 30,440.00 $ -
1.4 Engineering Services During Construction $ 5,455.00 TME $ 1,371.25 $ 1,371.25 $ -
1.5 Direct Expenses As Needed TME $ 1,543.65 $ 1,543.65 $ -
1.6 Consulting for County Force Main As Needed TME $ 695.00 $ 125.00 $ 570.00
1.7 Permitting for County Force Main $ 3,500.00 TME $ - $ - $ -
Total Contract $75,642.50 $ 70,799.90 $ 70,229.90
This invoice is for task 1.6 and 1.7 only
Task 1.1 through 1.5 will be invoiced separately for February
TOTAL DUE $ 570.00
Make all checks payable toPeninsula Improvement Corp.
If you have any questions concerning this invoice,contact David Genson,239.262.2600,dgenson @barroncollier.com
THANK YOU FOR YOUR BUSINESS!
Packet Page-676-
4/22/2014 16.C.1.
Peninsula Improvement Corp.
FL Cert. Of Authorization#28275 II E
Attn:David Genson,PE P E N I > S V L ;
Nap es,oFL 34105 Parkway x i
Phone 239.262.2600 Fax 239.403.6808 I€
DATE: January 31,2014
INVOICE# INV9998
FOR PERIOD: January 2014
Bill To: CUSTOMER# COLLIER ENT MGT
Collier Enterprises Management,Inc.
2550 Goodlette Road North,Suite 100 PROJECT#: P-CEMI-002
Naples, FL 34103 PROJECT NAME: Sabal Bay Commerical
Phase 2
Description Fee Amount Task % Earned To Previous Current
Type Cpt Date Billing Amount Due
1.1 Design-Site Civil Construction Plans $35,805.00 TME $ 35,805.00 $ 35,805.00 $ -
1.2 Permitting-SFWMD ERP Letter Modification $ 1,000.00 TME $ 945.00 $ 945.00 $ -
1.3 Permitting-Collier County&FDEP Permits $29,882.50 TME $ 30,440.00 $ 30,440.00 $ -
1.4 Engineering Services During Construction $ 5,455.00 TME $ 1,371.25 $ 1,371.25 $ -
1.5 Direct Expenses As Needed TME $ 1,543.65 $ 1,543.65 $ -
1.6 Consulting for County Force Main As Needed TME $ 125.00 $ - $ 125.00
1.7 Permitting for County Force Main $ 3,500.00 TME $ - $ - $ - ,•••••••.
Total Contract $75,642.50 $ 70,229.90 $ 70,104.90
This invoice is for task 1.6 and 1.7 only
Task 1.1 through 1.5 will be invoiced separately for January
TOTAL DUE $ 125.00
Make all checks payable toPeninsula Improvement Corp.
If you have any questions concerning this invoice,contact David Genson,239.262.2600,dgenson @barroncollier.com
THANK YOU FOR YOUR BUSINESS!
Packet Page-677-
4/22/2014 16.C.1 .
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