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Agenda 04/22/2014 Item #16C2 4/22/2014 16.C.2. EXECUTIVE SUMMARY Recommendation to approve the Access and Utility Easement Agreement with Minto Sabal Bay, LLC for the acquisition of an Access and Utility Easement at its appraised value to accommodate the construction of a wastewater force main, and accept a Right of Entry at no cost that gives permission to perform construction activities on a portion of property adjacent to the proposed easement, at a total cost not to exceed$33,450,Project Number 70044. OBJECTIVE: That the Board of County Commissioners of Collier County,Florida as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept an Access and Utility Easement from Minto Sabal Bay,LLC,which is necessary for a planned wastewater force main; and,accept a Right of Entry to perform construction activities on a portion of property adjacent to the proposed easement. CONSIDERATIONS: On June 24,2008,as Agenda Item 10G,the Board of County Commissioners (Board)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. n 41 and Thomasson Drive. The property owner of the land under which the force main will be constructed,Minto Sabal Bay,LLC, 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$33,154. FISCAL IMPACT: Funding is available in,and is consistent with,the FY 14 Capital Budget approved by the Board 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$33,450 for the purchase of the Access and Utility Easement,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 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. /"■ Packet Page-679- 4/22/2014 16.C.2. 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. Authorize staff to prepare related vouchers and Warrants for payment; and, 4. 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,Florida. Prepared By: Marlene J.McLaughlin, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management Attachments: 1. Utility and Access Easement Agreement 2. Appraisal 3. Location Map Packet Page-680- 4/22/2014 16.C.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Item Summary: Recommendation to approve the Access and Utility Easement Agreement with Minto Sabal Bay,LLC for the acquisition of an Access and Utility Easement at its appraised value to accommodate the construction of a wastewater force main, and accept a Right of Entry at no cost that gives permission to perform construction activities on a portion of property adjacent to the proposed easement, at a total cost not to exceed$33,450,Project Number 70044. Meeting Date: 4/22/2014 Prepared By Name: mclaughlinmarlene Title: Property Acquisition Specialist, Senior,Facilities Management Approved By Name: mott_t Title: Manager-Property Acquisition&Const M,Facilities Management Date: 03/21/2014 05:18:50 PM Name: BethJohnssen Title: Director-Wastewater, Wastewater Date 03/23/2014 09:11:30 PM: Name: Hapkemargie Title: Recycling Coordinator, Solid Waste Date: 03/24/2014 08:27:50 AM Name: camp_s Title: Director-Facilities Management, Facilities Management Date: 03/24/2014 08:31:01 AM Name: CraigPajer Title: Project Manager, Principal,Public Utilities Engineering Date: 03/24/2014 10:38:28 AM Name:josephbellone Title: Director-Operations Support,Utilities Finance Operations Date 03/24/2014 01:11:55 PM: Packet Page-681- 4/22/2014 16.C.2. Name:TomChmelik Title:Director-Public Utilities Engineering,Public Utilities Engineering Date: 04/14/2014 09:05:12 AM Name:yilmaz_g Title:Administrator-Public Utilities,Public Utilities Division Date: 03/27/2014 05:32:00 PM Name: emilypepin Title: Assistant County Attorney, CAO Litigation Date: 04/10/2014 09:07:41 AM Name: KlatzkowJeff Title: County Attorney, Date: 04/10/2014 09:52:53 AM Name: usher_s Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 04/11/2014 04:16:15 PM Name: ochs_l Title: County Manager, County Managers Office Date: 04/14/2014 01:48:42 PM Packet Page-682- 4/22/2014 16.C.2. Project Sabel Bay Force Main Folio No.:52505030125,52505030167,52505030086&00431520609 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 MINTO SABAL BAY, LLC, a Florida limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut Creek, Florida 33073 (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), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,it is agreed by and between the parties as follows: 1. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement, in the form attached hereto (Attachment "1"), for the sum of Thirty Three Thousand dollars One Hundred Fifty Four and no 00/100 Dollars ($33,154.00), 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 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 to the Owner's knowledge, 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 Packet Page-683- 4/22/2014 16.C.2. •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. ""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. 2 Packet Page-684- 4/22/2014 16.C.2. . 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: J 13 I MINTO SABAL BAY,LLC, a Florida lim' d 'ability company 1. <`.:. ,71 By: Witnes ature) Name /I 4 ;a. + Print Name: Vi 11 iUf( 6„\\c C y (Print or y e) + �-, Title: \�C'P_ It"r°SiC'�1°rJ Witnes ignature) Name: Eczcwt54v (Prilit or Type) Approved as to form and legality • Assam ty A 3 Packet Page-685- • .••• 4/22/2014 16.C.2. EXHIBIT • • z• rn Frt — •••4 •c\ • z \ I ci) NERSZ007) rn NAD1983 carLmEa CAS • in/ 4,1 1,10 rows,„ g iT43, ii;1 hiAt$'11 411 <1.1170 11;iiilk 0 von, C 1.0 I /51 ta 1.4 " ° rail; g% .",, ?•"/ AEigl /11 . 81 111 ,,, I.. 9 I Et: ez 4:D IN Packet Page -686- EXHIBIT A 4/22/201416.0.2. flarraco www.barraco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19, Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Tract "0-2" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Northerly corner of said Tract "0-2" run S39°o3'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 487.97 feet to the Northerly most corner of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records; thence run S5o°56'02"W along the Northwesterly line of said lands for 15.00 feet; thence run N39°03'58"W parallel with said Southwesterly right of way line for 485.37 feet to a intersection with the Northwesterly line of said Tract "0-2"; thence run N41°05'30"E along said Northwesterly line for 15.22 feet to the POINT OF BEGINNING. Containing 0.17 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road ^ No. 9o) (F.D.O.T. right of way Section No. 03010-2116)to bear S39°o3'58"E. 24)//4- Scott A.Wheeler(For The Firth) Professional Surveyor_and Mapper Florida Certificate No. 5949 L:\23099-Sabal Bay Phase i\Descriptions\Sketch\23o99ski6.doc Post Office Drawer 2800•Fort Myers,FL 33902 Phone(239)461-317o•Fax(2R9)461-3169 Packet Page-687- (�av� EXHI6 4/22/2014 16.C.2. raw N., ; y Section 4i Range Line _.c e D {1/e7 : (ii'estLine ofNWL4) • Township 50 Soul*,Range 25 East n,;,, _� Section 24 (SEC.COR.TO 1/4 SEC.COR.) 'A W v S 00°14'12°W 2701.48' .�4_ {4 ` Section 19 � Towns,*50 South,Range 26 East P 1J. ' b Otis o a� P. 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Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 5o South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 5o South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Easterly corner of of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records, also being the Most Northerly corner of Tobago Boulevard, a portion of Tract "R" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, run S39°03'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 3,434.14 feet to the Northeast corner of lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run S88°10'52"W along the Northerly line of said lands for 18.84 feet; thence run N39°03'58"W parallel with said Southwesterly right of way line for 3,422.73 feet to a intersection with the Southeasterly line of said lands described in Official Records Book 4933, at Page 1394; thence run N5o°56'02"E along said Southeasterly line for 15.00 feet to the POINT OF BEGINNING. Containing 1.18 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T. right of way Section No. 03010-2116) to bear S39°03'58"E. Scott A.Wheeler(For The Firm) - Professional Surveyor and Mapper Florida Certificate No. 594k L:\23°99-Sabal Bay Phase i\Descriptions\Sketch\23o99ski7.doc — Post Office Drawer 280o•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 Packet Page-689- `A EXHIBIT.�. b '°"' S°S°' '� n& 4/22/2014 16.0.2. 25 East • �_ —' „ Section 34 (SEC.COR TO 1/4 SEC.CO) Ito 'A -• Lks • S00°14'1?W 2701.48' �+ P oil 4= .'., Soudseaaterly Else of y ,�A R t e O.R.4933,PG.1394,CCR� \ b Op �\ _• O R :, gg�7 1 `i -I...9"P- �� Cr, ^ try�2e b I -.3 4f°` +..., 4 1 L/ n'�^ !Y � S 0 Q_ y vi 'z Q !S? F" - V ~ o ,;f r a Ri I f C� �. 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Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 5o South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 5o South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Commencing at the Southeast corner of said Section 19 run S88°1o'52"W along the South line of the Southeast Quarter (SE 1/4) of said Section 19 for 845.2o feet to an intersection with the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) and the POINT OF BEGINNING. From said Point of Beginning continue S88°1o'52"W along said South line for 18.84 feet;thence run N39°o3'58"W parallel with said Southwesterly right of way line for 62.81 feet to a intersection with the Southerly line of said lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run N88°1o'52"E along said Southerly line for 18.84 feet to an intersection with said Southwesterly right of way line; thence run S39°03'58"E along said Southwesterly right of way line for 62.81 feet to the POINT OF BEGINNING. Containing 0.02 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T.right of way Section No. 03010-2116)to bear S39°x3'58"E. 76: ,467//4 Scott A. 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Ay d O' Op-,(zT2 om-imp-I O8mO. 2 A mS O Cn H gAy�O m�y1,Zn m y90 mz,c0 <m a -( .,0o ynp��0 " pop cnmrn B1`a p m 0 p 1-Z R 2� 11 m 4`'1'z�'� 0 o n� v' �cni m z CD O y IUD 1889 p TOmy c x 22 pm A n $ Rte ' ?p� Ny = on m pa p m M O m a^ogo oo m m - m •.Zi z A=mg CO m x'+ s o ` 8 0 m m ti ��iii< c e d _ 8 c o s al&fi ' ',18.^1 ' ' '! i 1961'x'''1 '1/°§a`o•o A ,,-'l'P ''��' i aO 5 i ti Packet Page-692- a I ig 1 13 R.0 • 4/22/2014 16.C.2. a -:i PROJECT: Sabel Bay Force Main Project FOLIO No.- 00431520609,52505030125,52505030167 8 52505030086 UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT, made and entered into this_ day of 2014 by MINTO SABAL BAY,LLC,a Florida limited liability company,whose mailing address is 4400 W. Sample Road, Suite 200, Coconut Creek, Florida 33073, (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" 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 shall be 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 thin, 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. MINTO SABAL BAY,L C,a Florida limited liability company By: / Witness( ature) Print Name 1 '(111'1 601 InCK Name: / (Prht or Type) Title: �r., d e-n4 iitness(Signature) Name: JOrd ntioL SI(Oe'r (Print or Type) STATE OF Fl Or COUNTY Pi i/5hOrtiLA JA 1. The foregoing Utility d Access Easement was acknowledged/b�e�fore�?e this I'3 "day of '1) Girt) .2014 by_ UiO.n\ h 51 IOCL (Name),1-�(r YtPCirlQn+ (Title),on behalf of Minto Sabal Bay, LLC,a Florida limited liability company,who is p J personally known to me,or ( j who has produced as identification. WITNESS my hand and official seal this:4. Play of M.r('Vt_ ,2014. (affix notarial seal) /� ff (Signature• f N tac i Public) �✓.°1 (Print Nam/f Notary Pub ) `s, WIERNOONNIRz ► NOTARY PUBLIC Navy PIM•NW M RUIN f Serial/Commission#:(if any) E6 E'3 3 /(r, Mr Caw.Expires PM 24,2017 1 My Commission Expires: 9` c0111•01/1•0•EE 077516 Packet Page-693- 4/22/2014 16.C.2. COLLIER COUNTY GOVERNMENT EASEMENT APPRAISAL REPORT FOR MINTO SABAL BAY, LLC Subject Location: No Site Address Naples,FL 34112 PREPARED BY: Roosevelt Leonard,R/W-AC Real Estate Appraiser Collier County Real Property Management 3335 Tamiami Trail E Ste 101 NAPLES,FL 34112 Packet Page -694- 4/22/2014 16.C.2. The scope of the appraisal The appraiser will value the underlying use first,then using that value as the unit value, and finally taking a percentage of the unit value all so called "direct discount of the fee simple value". The purpose, function, Intended user(s) Prepared for and property of Collier County Board of Commissioners and its' agencies. Reliance upon this appraisal for other uses is not warranted. Highest and best Use The appraiser assumes the H & B use of the underlying land is improved land and all assumptions have limiting conditions due to the easement appraisal will not cover this area. PREPARED FOR AND PROPERTY OF COLLIER COUNTY BOARD OF COMMISSIONERS RELIANCE UPON APPRAISAL FOR OTHER USES IS NOT WARRANTED Packet Page-695- 4/22/2014 16.C.2. INTRODUCTION Packet Page-696- 4/22/2014 16.C.2. EASEMENT DESCRIPTION AND OVERVIEW Easements are ordinarily rights to enter and use another person's land or a portion thereof within definable limits. Therefore, an easement is a right, privilege or interest limited to a specific purpose which one party has in the land of another. Easement rights are often created for the benefit of the owner of adjoining land. The benefited land is called the "dominant tenement," and the land subject to the easement is described as the "servient tenement."Unless the easement is specifically described to be "exclusive," its creation does not prevent the owner of the land from using the land and the portion covered by the easement in a way which does not interfere with the use of the easement. Underground Utility Easements General Considerations; Underground utility easements are typically laid out as corridors, of sufficient width to give some latitude in locating the actual utility line, and to permit sufficient room for periodic inspection, repair and maintenance. If the location of the utility line does not abut a point of public access, such as a street, the easement may also include the right to enter and cross the servient property at specified points to reach the location of the utility corridor. Such underground utility easements typically prohibit the construction of building improvements, but may permit the construction of non-structural improvements, such as paved surface parking or landscaping. The location and size of the easement also affect its value. For example, if the easement is a narrow strip abutting a public road, in an area where a building would not normally be constructed, then the effect on value may be relatively modest. On the other hand, if the easement runs through the middle of a potential building site, seriously limiting where a building could be located, or reducing its size, or reducing the functional relationship of the building to its parking, access, or surrounding property, then the effect may be quite significant. Packet Page-697- 4/22/2014 16.0.2. Valuation Techn cues and Methods There are three methods for valuing easements(i.e.,the dominant interest in the easement).These are: Q Direct Valuation (5) Before-arid-After Valuation © Direct Discount of the Fee Simple Value Direct Valuation. Does a valid market exist for the rights conveyed in the easement? If the answer is yes, then the easement itself(the dominant interest)may be valued by applying the conventional appraisal process,using any appropriate combination of the sales comparison, income capitalization,and cost approaches,to value. As a practical matter,however, direct valuation is rarely if ever employed,for the following reasons: O It is rare for the rights conveyed by easement to be of sufficiently broad attraction to create a market,and without a market the standard approaches to valuation cannot be applied.z O As notedabove,easements are not identical,and even if identical,their effect on the servient interest varies with property-specific conditions.Thus, even where a market exists,there are often insufficient transactions to adjust for such differences by direct comparison. Before-and-After Valuation. In this technique the value of the easement is estimated by comparing the values of the servient property before and after the easement is created. Specifically: 0 First,the value of the property before creation of the easement is estimated,at its highest and best use • Second,the value of the property(the servient interest)is estimated after creation of the easement, at its highest and best in the"after" condition. 0 Third,the value of the easement(the dominant interest)is calculated by taking the difference between the above two values,the"before"value and the"after"value. The value of the property"before"and"after"is determined by applying the conventional appraisal process,using the sales comparison, income capitalization and/or cost approaches as appropriate. In applying this technique,the following issue should be noted: Direct Discount of the Fee Simple Value.in this technique the value of the easement is estimated by applying a percentage discount to the"before"value of the servient Method employed property. Specifically: CD First,the value of the property before creation of the easement(fee simple value) is estimated, at its highest and best use,as described above. Second, a percentage discount to the"before" value is estimated, representing an appropriate measure of the effect of the easement limitations on the "before"value. O Third, the percentage determined in the second step is applied to the value determined in the first step to arrive at the value of the easement. Packet Page-698- 4/22/2014 16.C.2. Easements According to the Dictionary of Real Estate Appraisal, an easement is the"conveyance of certain property ights, 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 and 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 below is used as a general guide in looking at the effect an easement may have on the total bundle of rights. This chart should not be considered an exclusive list as to the type of easements and their effect on the total bundle of rights but should be used only as a guide to general effects on the total fee ownership. EASEMENT VALUATION MATRIX Percentage Potential Types ,of fee =.-i _ Comments of.Easements gO i 10Q% ,.Severe impart acx surface use Overhead electric Conveyance at re;uses: Flowage eaents ; s a troad ROW Fr>zgafion-cam's ^, ;5';Aceess4 cads ' '75%-&9% . .Mayor impact on surface,use- . Pipelines' Conveyance of futuret.future uses Drainage easements. Flowage•easements. 51%-74% So •e=impact on surface use Pipelines Conveyance af_ Scersic easements •irigress/egress Fights - • 5'0% Balar}ced`use by„both owner j Wafer oc sewer lines, wand easenrerE boiler- o Cable,tine x s elecomnfrrrtcafr+ms: °, ,;4 % r'Eocahon {atcing �property ttlater�or sewertrne Line location across $non Cable lines + °fix cam. ,usable laotIea,.;;_ - -- x r: �Y%; `25% ,Subsur€aee or aft xgfits'that 1 rights have m�u mal effect en case Water or sewer • ;'and uti>ity i _ Location with a setback .;' G%to-10% Nominal effect=on use grid •LSmall subsurface utility easement= '_• Packet Page-699- REAL ESTATE APPRAISAL 4/22/2014 16.C.2. EASEMENT VALUATION oho.No. 1ci1 +!., ,� 'Iii: 4m, Tamiami Trail E r4itr l EASEMENT VALUATION • p ; 19 50 26 5B19 4 .. ,x, UTILITY EASEMENT ` a ..�.. ..,�,.i ,`' Iia I 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 2 v, WMit 400004&440006 447760000 3452002004 Sales Price 'r t i ,1 .' t $2.722,000 $800,000 , 4 $1 ,000,0J0' a Unit Price . a, .,. � — ;��.,"l,gt,.. °= - 0 . >�,t E?. , :!., Data Source PROPERTY APPR REC Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data Date of Sale&Time DESCRIPTION DESCRIPTION +/-$t DESCRIPTION +/t$ DESCRIPTION +/t$ Adjustment Adjustment Adjustment Adjustment 12/00/2012 $0 09/20/10 $120,000 08/24/12 $0 Location TAMIAMI TRAIL E EQUAL $0 EQUAL $0 Equal $0 ZONING MPUD Similar $0 Similar $0 Similar $0 „--■ Utilities Available Electric/Water Equal $0 EQUAL $0 Equal $0 Size/Acres 12.56 ac $0 4.13 AC $0 4.54 AC $0 View/USE COMMERCIAL Similar $0 Similar $0 Similar $0 ACCESS ACCESS Access $0 Access $0 Access $0 Sales or Financing ,- Zr , Concessions Cash $0 CASH CASH Net Adj.(Total) fir, $0 1"" 3N� $120,000 Y,� 3i,�t1� $0 Indicated Value of ::::1,21 a= ct vi o '= �u' t. 216,720 AC ��� 222,760 AC E k�0,�, 220,264 AC Subject .,s. � :rgaz�� 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. 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 UNIT VALUE IS$22U,000 PER ACRE DATE OF ESTIMATED VALUE: Appraiser: _ Roosevelt Leonard Land Appraisal Report, Appraisal Form 02 Re'Packet Page-700- Easement valuation Packet Page -701- p JfiJIfJ!JJI! ' 4/22/2014 16.C.2. __-2 1if'o ..'a'r '•, 011 a — pe g-- 1 OLt, f-'/4 to I i , i,-- 3tt m 1 _� i5 y i i t L< !i 3 � emsy)yt g „E -6i p :14,' O '> ,,,, I I;Y 0 i' 3•_ ' i)p `W hM-� ji #! tr W Y s 1)-- 1 M /eLSir 'rrroa000 $ US CM Cacitmod L W 3 W X 0 J • W W _ j 1 Q W / / z. / n• ,b / 7 . ." 7 ----7;:// - - W Z W W .. i N Packet Page-702- 4/22/2014 16.C.2. Easement Estimated Values Conclusion #1 . Easement is estimated to be $4, 114 dollars. #2. Easement is estimated to be $28,556 dollars. #3. Easement is estimated to be $484 dollars. Total $33,154 dollars r-. Packet Page -703- 4/22/2014 16.C.2. EASEMENT#1 MINTO SABAL BAY • 314" • &, / �r £� r'Qrtr • • I a (Folio Number:52505030125 Name:MINTO SABAL BAY LLC 'Street#&Name: NO SITE ADDRESS Legal Description:ISLES OF COLLIER PRESERVE PHASE 1 TRACT 0-2 A Sub Surface Easement containing 0.17 acres within the above parent tract,the legal description and sketch is located on the next page. The easement area 0.17 x$220,000ac(parent tract) x 11%(matrix factor) resulting in$4,114 dollars. Packet Page -704- Details% Pam. 1 of 1 4/22/2014 16.C.2. IPrint I I Tax Bills I I Change of Address jo—oroperty Summary 1 Property Detail li Aerial II Sketches I Trim Notices Parcel No '52505030125 Site Adr. Name/Address MINTO SABAL BAY LLC . • 10150 HIGHLAND MANOR DR STE 20 I i i I __. .._........._._.._City !TAMPA__........__:..........._ _... ._.........._..... __._....__ _....State ...?FL _ _ ..... _ .............� Zipj33610._........._.:..._. ._...._......__._._. Map No. Strap No. Section :.._. Township Range Acres *Acreage..... 5B19 427500 0-2 15B19 19 50 26 1 Legal 1ISLES OF COLLIER PRESERVE PHASE 1 TRACT 0-2 Millage Area a 17 Millage Rates® *Calculations Sub./Condo 3 427500-ISLES OF COLLIER PRESERVE School Other Total _ .._ i Use Code• I 0-VACANT RESIDENTIAL 5.69 1 6.2427 11.9327 "� Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Contidentiality) (Subject to Change) Date Book-Paget' Amount Land Value $0' (+)Improved Value $0 http://www.collierappraiser.com/main_search/Recc Packet Page -705-=No&FolioNum=52505030125 2/21/2014 4/22/2014 16.0.2. arraco - -/ /An www.barraco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19, Township 5o South, Range 26 East Collier County, Florida A tract or parcel of land lying in Tract "0-2" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Northerly corner of said Tract "0-2" run S39°03'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 487.97 feet to the Northerly most corner of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records; thence run S50°56'02"W along the Northwesterly line of said lands for 15.00 feet; thence run N39°03'58"W parallel with said Southwesterly right of way line for 485.37 feet to a intersection with the Northwesterly line of said Tract "0-2"; thence run N41°05'30"E along said Northwesterly line for 15.22 feet to the POINT OF BEGINNING. Containing 0.17 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116)to bear S o 8 39° 3� E. ��5 Scott A.Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 L:\23099-Sabel Bay Phase t\Descriptions\Sketch\23og9sla6.doc Post Office Drawer 2800•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 Packet Page-706- 4/22/2014 16.C.2. o U g 9 m; .. € = : a I " y °aP e O 2 Sg ■ gt 6� g CQ •44 u -2! g ''. Hi. .1`c5 ..§,g f.2 ,...42 I se►..y !0f t E02ZO Cry 1.41 3 C s ai'ti F -∎•/ll 68 i 1 C` 8L. x'•I rs 1.; tirl.i1_ `_. `> pi is;+a $e.;t ce.; _!it ! ' ;I:! K L L il- 1 t„„ ` .�� a , Z 47 W Q �o1- 8 >0 w W 3 Z W m 2 O W h W 2 ci ' Np Op 5 y 0u,i0_ RlS N�.(M10W°J $ w Q O6 3M'H J Sc CV qG o ' C C Se ¢,O W O2i G WHI°YN ¢ Q❑ ' lu U' K J U 8 U Z y�C,-....,It W V ❑ Z rgt ,,wm o.4Qy E...-:-500‘.0 5a� .c°,o°�-o ¢ 00 r,,E5 .,0!;-.W pp op m z cL,,v k o u-rz z = W W U O w Z 4 2 =.., O Z W h w$2 Z o Qh W,,08 ,LL1y��i�a U Z2 W~HZ�h 82412 a� Oj yo W W�2$0yi W 2WV WO�p,,O W Zy� OOCrw4 gy611 ¢y•�Z,L W9,1t W W ❑O 1 61{W CEO w}o . "a W1❑11 �1�1uy� ¢u{oLLm".¢ 81.m cba"�u5� or¢-¢°..°w FQ jLo . 6/] Q;O C>W[],i O..i W OU-4 dC W mr,-v,u,3./,O Cc Z F-W O �1 q (Z.j J . Z ._ a ei a „i ,o .`m a O^ .� N �J' �L b ''ww O D v, ~ ftft W.-I— _20 ow 3¢ U ❑W �a Qtmi,Q rh t . . UOaO Ui, 05 laLL 20 k S CS CS ...oyla I O �y 4 d • N rak C 0 et z co °:�C 9- 1 • Io Est ak, 4l'A\ �.�9 • c e. 0 0� p°9 i. .061031 A- �`a0 "�_ Sgt �.* �' Gam\ V °� p ,..6 Q • 0‘ T4tt 0 -kNF-- rt.C:,° Z a . .4, 4 ce, tr ° • • - ,a0 os SP �•pS .�0- 0 b{, 3 v 4.S 'J' ..&* ~ ~ 07.7 9t aBmY ViooS OS dn/sumo.L N.,..."1"„ - ,81,7.OLZ M2A6Ee00 S ev d. (w00'03S kIG 01'2100'03S) • N Ot uoimaS • ;Avg St Bu�ynoS OS dOlru,rnL -Z.::�\ Wr lf0am7tsarf 60°,,; ?1a aun stuWX'P"PIP'S . 1h Ir ' Packet Page-707- 4/22/2014 16.C.2. EsSEMENT a Mr"Wto coµM,Js 3 FoL/U'S x ,, •� /I,-\ ... d, , , 'I • „, ' f '� `... :. ,; -• V\ ''''.. �!! r yyy ., 1 L:. I. ic>......"--.. -1,,,-1:::..i.,,,:, , -"'r ?k .. '''',":, ..... -A.4-.' 1 `. • i 1 1`t , j• A 1. 1” a• r V. `g.. V tt [ 1 . 4 , . "..r. "-k r'-" 0_S6ft _ ;Folio Number:00431520605,52505030086, 52505030167 !Name:MINTO SABAL BAY LLC Street#&Name:5164 TAMIAMI TRL E 'Legal Description: 19 50 26 THAT PORTION OF SAID SEC AS DESC WITHIN OR 4870 PG 318,LESS THAT PORTION OF RAN !(TAMIAMI TRL)AS DESC ! A Sub Surface Easement containing 1.18 acres within the above parent tract,the legal description and sketch is located on the next page. The easement area 1.18ac x$220,000ac(parent tract)x 11% (matrix factor) resulting in $28,556 dollars. Packet Page -708- 4/22/2014 16.C.2. F'L.,) ► s , A` 414 13 4 1 �'4 - K { 0, ,:• , r.. ��yr% s ,�[ . .. *..a - S ` It ,mow ^ _ A p. tt ..-. % , . ., $ -.-. . - \ N.-\- 44, 414. ,-- . t ..._ . \ - , ^ .`., t J • C I. xw '. 1. • '' a ,, ',k:'''''',4•1‘. . . 1 'k • Packet.,F. Page i709�3_sde03190161763659651.jpg 2/21/2014 Details 4/22/2014 16.C.2. 1 Print I LTax Bills Change of Address Property Summary Property Detail 11 Aerial Sketches ll Trim Notices.11 Parcel No. 52505030167 Site Adr. • ' Name/Address !MINTO SABAL BAY LLB` • 10150 HIGHLAND MANOR DR STE 20 1 City TAMPA State!FL Tip 1 33610 Map No. . • Strap No Section Township Range ... Acres *Acreage 5A24 . 427500 R 15A24 24 50 25 1 Legal s ISLES OF COLLIER PRESERVE PHASE 1 TRACT R Millage Area•j 7 Millage Rates• *Calculations Sub./Condo i 427500-ISLES OF COLLIER PRESERVE School Other 3 Total Use Code 0194-RIGHT-OF-WAY,STREETS,ROADS,IRRIGATION 5.69 ! 6.2427 . 11.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date I Book-Page ; Amount Land Value $0 (+)Improved Value http://www.collierappraiser.com/ni.ain_search/Reco Packet Page-710-=No&FolioNum=52505030167 2/21/2014 T 1 r.1 4/22/2014 16.C.2. fOl.P rp a r i ..- 4.a S 1 :, \'''',1, j _ T,,,,..., 1r I t..... ...,..., „ , . , t . .:., , „....,,, -,,, .eilt ••• ' i .. , ' 'Y,y t'' ,, 1 -, i ' t T 1., , ' c«rmyvi�srAmmar.e s: . U Sift ~` http://www.collierappraiser.com/webmap,? ckt Pale 1 11.13_sde03133401758455218.jpg 3/7/2014 Print 11 Tax Bills I Change of Address 4/22/2014 16.0.2. Property Summary Property Detail I Aerial I Sketches il Trim Notices I ( ) i Parcel No. ?52505030086 Site Adr. Name/Address [MINTO SABAL BAY LLC 10150 HIGHLAND MANOR DR STE 20 • City'TAMPA ; ..._.. ..--- --State FL---__....__... _........._�_Tp 3361- _..................___ ........_.... Map No. ! Strap No Section Township Range Acres *Acreage • 5B19 427500 L-3 15619 19 50 X26 —` 1 Legal ISSLES OF COLLIER PRESERVE PHASE 1 TRACT L-3 Miilage Area•#7 Millage Rates• *Calculations Sub./Condo 427500-ISLES OF COLLIER PRESERVE School Other Total Use Code 0 95-RIVERS AND LAKES,SUBMERGED LANDS 5.69 1 6.2427 11.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page ! _ Amount ~ Land Value $0 (+)Improved Value $0' http://www.collierappraiser.com/main_search/Reco Packet Page -712-=No&FolioNum=52505030086 2/21/2014 0 4/22/2014 16.C.2. . , faZ,c) 3 � \ o 41 $ .."se a ,,,, V, .1l. 4Ps�, ,ti4 r ±AIF y1 4 .'� ',_ l Aa a y , ,-, A , N.-x" -, T P ` Y S1.- d '' 4 rt yh' .. 4" ''''r •. .. lik .,4tek .i' .. t 't * Coffer County N*vOeM1X/rAOr sa-Na0MVS:F a a,'y". . http://www.collierappraiser.com/webmap.?acYet Pale..,713.:13_sde031636812204250367.j... 2/19/2014 Lower county rroperty appraiser 4/22/2014 16.0.2. 1 Property Summary Parcel No. 00431520609 . Site Adr. i 5164 TAMIAMI TRL E . . _ • i Name/Address MINTO SABAL BAY LLC • . 10150 HIGHLAND MANOR DR STE 20 . • , - . ........ . r , ....._...... aty TAMPA State FL Zip 133610-9712 _1 ----------- Map No. . Strap No. i Section ! Township . Range Acres *Acreage : . .4 --- r-'-' 5819 502619 010.0005B19 : 19 50 213.12 1 26 f; ..... Legal ,19 50 26 THAT PORTION OF SAID SEC AS DESC WITHIN OR 4870 PG 318, LESS THAT PORTION OF R/W(TAMIAMI TRL)AS DESC WITHIN OR 4933 PG 1394, LESS ISLES OF COLUER PRESERVE PH 1 _ 1 1 Millage Area• :7 . ! Millage Rates• *Calculations Sub./Condo 100-ACREAGE HEADER Other i Total - -r- , Use Code• '.99-ACREAGE NOT ZONED AGRICULTURAL 5.69 . 6.2427 ■ 11.9327 Latest Sales History 2013 Certified Tax Roll • (Not all Sales are listed due to Confidentiality) (Subject to Change) , : , r--- Date • Book-Page ; Amount 1 ; Land Value ! $101651,901" : 12/27/12 i 4870-318 1 : 04/28/05 - ' 3717-946 $0 . : ' ! (=)Market Value i $10,656,000: (-) SOH*&other Exempt. i $0 • (m)Assessed Value $10,656,000 i ' (-)Homestead&other Exempt $0 - 1 , (=)Taxable Value $10,656,000 (0 School Taxable Value $10,656,000 • . If all Values shown above equal 0 this parcel wa created after the Final Tax Roll , *SOH="Save Our Homes"exempt value due to cap on assessment increases. . : "--- http://www.collierappraisencom/main_search/Recc.P.H...k.QP.P_E:717.44)=No&FolioNum=00431520609 2/19/2014 4/22/2014 16.C.2. a r r a c o www.banaco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19,Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 50 South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Beginning at the Most Easterly corner of of lands described in deed recorded in Official Records Book 4933, at Page 1394, Collier County Records, also being the Most Northerly corner of Tobago Boulevard, a portion of Tract "R" of the record plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, run S39°03'58"E along the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 3,434.14 feet to the Northeast corner of lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run S88°10'52"W along the Northerly line of said lands for 18.84 feet; thence run N39°03'58"W parallel with said Southwesterly right of way line for 3,422.73 feet to a intersection with the Southeasterly line of said lands described in Official Records Book 4933, at Page 1394; thence run N5o°56'02"E along said Southeasterly line for 15.00 feet to the POINT OF BEGINNING. Containing 1.18 acres, more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T.right of way Section No. 03010-2116) to bear S39°03'58"E. Scott A.Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 L:\23°99-Sabal Bay Phase i\Descriptions\Sketch\23o99s1a7.doc • Post Office Drawer 2800•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 Packet Page-715- R 4/22/2014 16.C.2. 4 , b isI .-.-'-''. I@ iii 0 i a`l i!q!`! c y_ s a e!" f # '1 z Y '' ,::�'•.rl it 1_ i F w 7 �g$ 56 @1 h '-' 141131. �aI'e i - �■ oY6 $ u9 ,4 ,.. i_, % x o U H CG Pya,!2'.b JQ� y� C96100 O 2 O z6. N§ ,1 � �� ggoayo k ftE, 00 pe,,, oSye. 8ow� 9 ¢ w> ,'),4,_0 H O~ h 2 y N O tl h L y W vo k"wSzQ k="k'Ra'2o �diz $o o ° �q t N W ti 0 p 1.0 U O H H F 41 Z= oa .ui 0 u}uzl Op 14 ce o ,Po �q WW -{W sE W +Lmy¢C'_ 'kl(.� "¢' l`i-4Z,5374I i W zQ �y h a pU4�G.i0JW OU�Ca4 Wmt7...v�v13 v,0 ,z Lu We U0 0 2 2 . Z N di� n ro A'na0:� _ CC'' Z rc00 w$! O o w �9 a%cai tQ wa o tt C) zW - 1 <4,&'-,‘,Z <4,&'-,‘, Jy 00E `>w° sso ' r'� " vUiCO 2¢• N N $•zO, a p °r E M le, o 171 o� Z. h5 III N a� � I tit /-oN ai e Ni\ p�5p-/• o'er �08a � '64*� . A y tq SOS 0 40' • .S4 Zr. ,- e. 0,044— .4.4 os u b �v r U V�' c t co to ZS" • r1 1i N N _ OP (` 7 N ` , Cti' ����o` Q I Qpg �A O 2 4.0 .U� 2 C Y' y E C 0 $q \ -17-1-�t y� ''-r Q cs 41 0 6,4. IQ r to w u7 °� :a NI. , { —. ig G.1 ' _ a o g 0 9 -. ? hwC : El ++.I- +►I l y� �ZY"Jv`Y'6FI''Jd'££6Y 2r0 + -. C <a 5 1 Io nk 4S y a� a . .ii-to-2z M 2G.$1vOO S • ,.F..- ?c en a"N 450 6'�4 (WOO"OHS m 01 -33s) o i '". _. 12 01 V *tor®6 dl5l R ' • Packet Page-716- 4/22/2014 16.C.2. /"—\ EASEMENT#3 MINTO SABAL BAY V , '' ''''Y i,.*; 7,9,'',c.p.,0,T-- 1 ,,,,114, ,_ V }.. 2 0." 4 �, r, ...* r.„ i.„--,.,...7,„4- ,.,„.. .:abissemosmot.,,,tomorw- ...,. __,,,_, ,,..,,, . .., :_;,..,,,....0.„....i„,....t.,,,,..i,., W .., .....,._ , ,,iit:.,. ,,,. ,...„. 4..,-.,,,,, ,,,,.,.;,;....:1.,,,..,,i. ....,,:,_, -...t,....•,... .. --teri,.,„,,,,i„ ,.._..,,m.;0.,,5,,,i,.. . . , ,.„,..,,i,„.,,„.. _ ,...,.....,0.„....,.......,.„... ... .„4„,„ .4....,„i„,.._.,,,t...,,,,,,,, . , _,, .. ..,„„,,,,,r..,:49.24tr,r..,„. .441.1 '1111:4.114 T -... :X 4';•?-44,7,',. 'I 0—12fCm CourtM7 ooenAwr aM a f Folio Number:00431520609 ':Name:MINTO SABAL BAY LLC 1St t#&Name:5164 TAMIAMI TRL E `Legal(T Description: 19 50 26 THAT PORTION OF SAID SEC AS DESC WITHIN OR 4870 PG 318,LESS THAT PORTION OF RAN AMIAMI TRL)AS DESC A Sub Surface Easement containing 0.02 acres within the above parent tract,the legal description and sketch is located on the next page. The easement area 0.02 x$220,000ac(parent tract)x 11%(matrix factor) resulting in$484 dollars. Packet Page -717- 4/22/2014 16.C.2. caserherVf 3 . 5. -.. 10+ 11...t. dry ,,r '• '"• _ ...r.„.-'* I N,, .;:..,,, , I : ; s. it • a K .4 , . il s. . .. h" s e eyc w w. '..Ir. •"^ rte. �,.. v. yMw►.,�,r..�re CodierC ay+riY pim:owtT Apvraosr.Napier: • II http://www.collierappraiser.com/webmap/i Packet Page-718-3_sde031636812204250367.j... 2/19/2014 • comer county rroperty appraiser 4/22/2014 16.C.2.f Property Summary Parcel No. 00431520609 Site Adr. 5164 TAMIAMI TRL E Name/Address MINTO SABAL BAY LLC 10150 HIGHLAND MANOR DR STE 20 City TAMPA State FL Zip 33610.9712 Map No. Strap No. Section Township Range Acres *Acreage 5819 502619 010.0005819 19 50 26 213.12 19 50 26 THAT PORTION OF SAID SEC AS DESC WITHIN OR 4870 PG 318, LESS THAT POR N TIO OF Legal R/W(TAMIAMI TRL)AS DESC WITHIN OR 4933 PG 1394,LESS ISLES OF COLLIER PRESERVE PH 1- Millage Area 0 7 Millage Rates 0 *Calculations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 6.2427 11.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 10,656,000 12/27/12 4870-318 $68,000,000 ° (+)Improved Value $0 04/29/05 3787-946 $0 (=)Market Value $10,656,000: (-)SOW&other Exempt. $0 (=)Assessed Value $10,656,000 (-) Homestead&other Exempt. $0 (=)Taxable Value $10,656,000 $10,656, .00000, (=)School Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to cap on assessment increases. ktp://www.collierappraisencom/main_search/Recoi Packet Page -719-=No&FolioNum=00431520609 2/19/201= 4/22/2014 16.C.2. arraco --#3 rnfl www.barraco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION Parcel in Section 19, Township 50 South, Range 26 East Collier County, Florida A tract or parcel of land lying in Section 19, Township 5o South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: Commencing at the Southeast corner of said Section 19 run S88°10'52"W along the South line of the Southeast Quarter(SE 1/4) of said Section 19 for 845.20 feet to an intersection with the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) and the POINT OF BEGINNING. From said Point of Beginning continue S88°10'52"W along said South line for 18.84 feet; thence run N39°0358"W parallel with said Southwesterly right of way line for 62.81 feet to a intersection with the Southerly line of said lands described in deed recorded in Official Records Book 2605, at Page 2481, Collier County Records; thence run N88°10'52"E along said Southerly line for 18.84 feet to an intersection with said Southwesterly right of way line; thence run S39°03'58"E along said Southwesterly right of way line for 62.81 feet to the POINT OF BEGINNING. Containing 0.02 acres,more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o) (F.D.O.T.right of way Section No 03010-2116) to bear S39°03'58"E. Scott A.Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 L:\23o99-Sabel Bay Phase 1\Descriptions\Sketch\23o99s1u8.doc Post Office Drawer 2800•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 Packet Page-720- j 4/22/2014 16.C.2. . l' IIiiIll ' �I-[( :.gIb; "y y l a 0 Q h U E�, ;s E 6 FFF§P V V i p W Z W Y O tki wW G' W O O 2 w O-+K 9aUZ141M W U =o *¢ W CC y8a3~o� —�� � o f w • Q �r_mu.oe a wy f Cr CU S U 2w¢FO-n 2 OW TM U Q 2O $0 o vm m oa =ea ,, (=SUM) h 2 Er z � ° ---0 '', ..F.40 oi�¢gZ = J w>Lj 1. W W C z W W W m 3 W ' 2CG zp [.7 Ujey � {per H Ww°• oZww°.W�.,o°p, iw&W,:= ''PU �a W QW_OWc: 0�mU. �RLL�I-O=OF¢-¢vW a SC W • ¢O U WCO.i Ori ug O0..i 4C W mv, y.n3 v,0 Is o LL z( .. N .`i a .(j m m O, .- N.. Q Q. (.,�I W w cW.) ' Z a°>2 wz 0) wig o¢ U a W¢, ti 0 3 0 0 0 ti h n°, coal is • N eN =a O ''.1 M 1 y,/ w E t �� e csi Q aV so csi L." lL / tl� hh y h O 9 � .o� � o 4 $4 45S yP °03 'c oa of ..0 CM .. o' to s� ,v-n` ��,^ 0 a CC r4 O ( ` e Sag �� a I o z Ci o ce Cu' d s [q U U' e. V / 3 � � e ��U - y ' ; N e>CIV col t4' v Z p v4 h co U - v h ti ti h N, ..., •V\ a c e°i/ • Z 8Y"IOLZ M.A.fLoOOS . - aut7,8„„g (boo'03S WI,01'800 03.3) 9 vopaaS t'Z cols R ma sz e8+my 4....,-....4-------- a Packet Page-721- 4/22/2014 16.C.2. File No 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 involves 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 because 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. 6. 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 associated) to anyone other than the borrower,the mortgage or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations;any state or federally approved financial institution;or any department,agency, - or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute 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. Freddie Mac Form 439(6-93) Produced by ClickFOl Packet Page -722- Fannie Mae Form 10046 (6.93) I . 4/22/2014 16.C.2. ' File No 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 I underwriting.This limited appraisal is for the use of the party to whom it 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 34.42(f): I 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 s I granted by anyone by special or creative financing or sales concessions* tone 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 bye 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 appraisers judgement. i DESCRIPTION OF LIMITED VALUATION PROCESS In performing this preliminary value analysis,the valuation process consisted of:(1)Reviewing assessment/public records and comparable database listing 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 I According to the data utilized in preparing the report,the property has © 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 I 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 unapparent conditions of the subsoil or structures;or for arranging engineering studies to discover such conditions, •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 I 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 y pie t quoting anyone other than the addressee,without the written consent of the author and addressee.Even with such permission,out-of-context quotinn g from and/thor partial repenting 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 the 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 occurrance 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; I the appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a loan;I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied 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 wit not take the responsibility for it. I SUPERVISORY APPRAISER'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. I U11UTY EASEMENTS ARE BASED ON USE VALUE-A VALUE CONCEPT WHICH IS 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 IS SPECIALIZED THAT IT HAS NO DEMONSTRABLE MARKET AND THE USE IS ECONOMIC AND LIKELY TO CONTINUE. PROPERTY ADDRESS: APPRAISER: . , SUPERVISORY APPRAISER (only if required) Signature: - Signature: Name: ROOSEVELT LEONARD Name: �� Date Signed: - 3l a/c261! Date Signed: State Certification#: State Certification#: or State License# 3287 or State License#: State State Expiration Date of Certification or License' 11/2014 Expiration Date of Certification or License: k n Did (ii Did Not Inspect the Interior of the Property I not Inspect property Packet Page -723- .; f 4/22/201416.0.2. , "-- ---..`WillittililiFiMrtraorg*,,,n1;=- ''''''`I *4 -. - ''... %.-Nc:z. r.,;k.,..\ s t.s'- ..4.4h:-.' ^ti 7 rw 1 . ..fir � E c . . d " ,k qr 1. , ,,,, . „ .. . ..„.7 ... „,...,i . ., ,, v_,.... _ , a ofp, _ii..4*". 1 %----)-,-- v ..."„ .,...„ , rn 3. ,0 . - . : ,.. .„.- _,-... - , .....4. ," . �4 ' �rP , ...1.\ m ■ ' a '� , ° s t f,''' ' f "to°L C '��f c4 / .�C\ / .41':'1''t', , fr '`q / 7. ,t),, ....„7.-,,*,..: 4.. 1. co 1 IN )\11r* ■ rrl ,,:zz \\ I c.) p.... v t , ii , , j 6, !► x' rri co ft rn Fl,s, NA :il ,NsRsam ca ' s E p i Pi 5 -1„ 1 s , s g 6 P i € 'iI m - [ € k eP. sad 5_, .,., ;:. = iiIiI . ¢� Ag 7 8 a Packet Page-724-