Agenda 06/24/2014 Item #16A 26/24/2014 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a road right -of -way,
drainage and utility easement required for the expansion of Golden Gate Boulevard from east
of Wilson Boulevard to 20th Street East, Project No. 60040; (Fiscal Impact $1,527).
OBJECTIVE: To purchase an easement needed for the four - laning of Golden Gate Boulevard from
east of Wilson Boulevard to 20"' Street East (the Project).
CONSIDERATIONS: Collier County is seeking to purchase Parcel 157RDUE, a 30 foot wide
perpetual, non - exclusive road right -of -way, drainage and utility easement, needed for construction of
the Project. The easement is 4,500 square feet in extent and is situated along the road frontage of a
parent tract owned by Opportunities Real Estate Fund, LLLP. The unimproved parent tract is located
on the north side of Golden Gate Boulevard, just east of 4t' Street Northeast. The appraised value of
the easement is $1,000. Please refer in this regard to the attached appraisal report summary, dated
February 2014, prepared by Wilcox Appraisal Services, Inc. The attached easement agreement
reflects a negotiated full compensation amount of $1,500. If this parcel is not acquired by
negotiation, it will have to be condemned and the County will be liable for payment of the owner's
attorney's, appraiser's and other experts' fees and costs, which will far exceed the $500 difference
between the appraised value and the negotiated compensation amount. Staff accordingly
recommends that the Board of County Commissioners (the Board) approve the agreement.
FISCAL IMPACT: Funds in the amount of $1,527, being the purchase price of $1,500 and
recording fees of $27, will be paid from gas taxes and /or road impact fees. The acquisition of this
right -of -way will not add any cost to the annual operating and maintenance budget as the easement
area will not be maintained before the Project is constructed. Operating and maintenance costs will
be considered when the construction contract is brought before the Board for approval.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires
a majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
I . Approve the attached easement agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel No. 157RDUE and authorize the County Manager, or his
designee, to record the conveyance instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terns and conditions of the agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective will
of the Board.
Prepared by: Robert Bosch, Right -of -Way Coordinator, Transportation Engineering.
Attachments: (1) Easement Agreement with Exhibit A; (2) Location Map; and (3) Appraisal Report
Summary dated February 2014.
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6/24/2014 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve an easement agreement for the purchase
of a road right -of -way, drainage and utility easement required for the expansion of Golden Gate
Boulevard from east of Wilson Boulevard to 20th Street East, Project No. 60040; (Fiscal Impact
$1,527).
Meeting Date: 6/24/2014
Prepared By
Name: BoschRobert
Title: Right Of Way Coordinator, Transportation Engineering & Construction Management
5/19/2014 3:15:41 PM
Approved By
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 5/22/2014 11:22:32 AM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 5/22/2014 1:26:42 PM
Name: DelateJoseph
Title: Project Manager, Senior, Transportation Engineering & Construction Management
Date: 5/22/2014 1:34:36 PM
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineering & Construction Management
Date: 5/22/2014 2:10:57 PM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 5/23/2014 10:47:39 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Packet Page -338-
Date: 5/27/2014 3:31:40 PM
6/24/2014 16.A.2.
Name: GossardTravis
Title: Superintendent - Roads & Bridges, Road Maintenance
Date: 5/28/2014 10:22:32 AM
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 5/30/2014 5:07:22 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 6/3/2014 4:56:23 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/4/2014 4:40:31 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/5/2014 8:33:03 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:49:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 11:27:28 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/13/2014 3:57:00 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 12:04:23 PM
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PROJECT:
PARCEL No:
FOLIO No:
60040
157RDUE
37285280003
EASEMENT AGREEMENT
6/24/2014 16.A.2.
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2014, by and between
OPPORTUNITIES REAL ESTATE FUND, LLLP, a Florida limited partnership, whose
mailing address is 8461 SW 11th Road, Gainesville, FL 32607 -7017 (hereinafter referred to
as "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office
of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as
"County ").
WHEREAS, County requires a perpetual, non - exclusive road right -of -way, drainage
and utility easement over, under, 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 "); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$1,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including (if applicable) all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and other
improvements (if any), and the cost to cut and cap irrigation lines (if any) extending
into the Easement, and to remove all sprinkler valves and related electrical wiring (if
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Page 2
any), and all other damages in connection with conveyance of said Easement to
County, including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents "):
(a) Road Right -of -Way, Drainage and Utility Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and /or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within thirty
(30) days of County's receipt of all Closing Documents, whichever is the later. This
agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and /or landscaping ( "Improvements ") located
on the Easement (if any), Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
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6/24/2014 16.A.2.
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acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement, without
first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
All
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6/24/2014 16.A.2.
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(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County 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 County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien - holders and /or easement - holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien -
holder or other encumbrance - holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
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6/24/2014 16.A.2.
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10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of the
date of Closing.
11. 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.
12. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (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.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect and not be affected by such invalidity.
15. 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 on the
date first above written.
REMAINDER OF THIS PAGE INTENTIONLLY LEFT BLANK
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6/24/2014 16.A.2.
Page 6
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
AS TO OWNER:
DATED: I `J
./Witness (Signature)
�—O\ G �iG,CoM�
Iame (Print or Type)
(Signature)
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
Last Revised: 6/3/2013
OPPORTUNITIES REAL ESTATE
FUND, LLLP, a Florida jimited
partnership ^ /�
By:
Ayes
Packet Page -345-
i. General Partner
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TRACT 72 I 1
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KAVAKY & HOBSON EAST 150' OF
OR 2339/'77 TRACT 73
WATERWAYS JOINT VENTURE
OR 3899/3259
GOLDEN GAGATE7
ESTATES
UNIT 14
PLAT BOOK 7 PAGE 74
PROPOSED ROADWAY EASEMENT
PARCEL SIX FT. 7
4300 S0. T. /
WE BOULEVARD (CR 878)
1
6/24/2014 16.A.2.
EXHIBIT "A"
TRACT 74
on OFFICIAL RECORDS (BOOK /PACE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL 157 RDUE
A PORTION OF TRACT 73. GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BODK 7, PAGE 74 OF THE PUBLIC
RECORDS OF COLLIER COUNT{, FLORIDA. LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 30 FEET OF THE SOUTH BO FEET OF THE EAST 150 FEET OF SAID TRACT 73.
CONTAINING 4,500 SQUARE FEET, MORE OR LESS.
o w eo eo � P-� SKETCH k DESCRIPTION ONLY wrvu NOT A BOUNDARY SURVEY »x� 1 �• � N m
FOR: COWER COUNTY OOVFJiNMENT BOARD OF COUNTY COMNSSIONFRS A F OM - A. w SIX a,
GOLDEN GATE BOULEVARD RM�
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SKETCH do DESCRIPTION OF: PROPOSED ROADWAY EASENCNT
PARCEL 157 RDUE
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Packet Page -346-
CA
6/24/2014 16.A.2.
LOCATION MAP
PARCEL 157RDUE: GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to scale)
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6/24/2014 16.A.2.
Packet Page -348-
Prepared for and property of Collier County Board of Commissioners
Reliance upon the appraisal for other uses is not warranted.
Summary Appraisal Report
Number 13 -06 -04 (Parcel No. 157 RDUE)
Project: Widening of Golden Gate Boulevard
County Project No. 60040AA
Parcel No. 157 RDUE
Parent Tract: 2.34 Acre Vacant Tract.
Improvements: None.
Location: The parent tract is located on the north side of Golden Gate Boulevard E.
between 4th Street NE and 6th Street NE in Collier County, Naples, Florida.
Owner: Opportunities Real Estate Fund, LLLP.
Date of Valuation: February 22, 2014.
(Date of the Most Recent Inspection)
For
Harry Henderson, SRA, Review Appraiser
Transportation Right -Of -Way Group
2885 South Horseshoe Drive
Naples, Florida 34104
February 2014
Prepared By:
Wilcox Appraisal Services, Inc.
1633 SE 41st Street
Cape Coral, Florida 33904 -7470
239 - 542 -2311
Email: awilcoxmaisra @comcast.net
Appraisal
ili, Institute -
Prgf.,, ilk als /'r»t4ding
Beal Gslatc - -Mul ions
Wilcox Appraisal Services, Inc, is committed to the highest degree of professionalism
with all of our appraisers being designated members of the Appraisal Institute.
Packet Page -348-
Prepared for and property of Collier County Board of Commissioners.
Reliance upon the appraisal for other uses is not warranted.
Wilcox Appraisal Services, Inc.
February 27, 2014
Harry Henderson, SRA, Review Appraiser
Transportation Right -of -Way Group
2885 South Horseshoe Drive
Naples, Florida 34104
6/24/2014 16.A.2.
.1 II Appraisal
I��II Institute'"
Prv_ emiunals I'rm*iding
Real Estate Solull +rra
Wilcox Appraisal Services, Inc. is
committed to the highest degree of
professionalism with all of our
appraisers being designated members
of the Appraisal Institute.
Re: Summary Appraisal Report Number: 13 -06 -04 (Parcel No. 157 RDUE.
Project: Widening of Golden Gate Boulevard.
Parcel No.: 157 RDUE.
Parent Tract: 2.34 Acre Vacant Tract.
Improvements: None.
Location: The parent tract is located on the north side of Golden Gate
Boulevard E. between 4th Street NE and 6th Street NE in Collier
County, Naples, Florida.
Owner: Opportunities Real Estate Fund, LLLP.
Date of Value: February 22, 2014 (Date of Most Recent Inspection).
Dear Mr. Henderson:
Pursuant to your request, an inspection and valuation analysis has been completed of the
above referenced property for the purpose of estimating the market value of the property rights
and improvements (if any) which are proposed to be acquired, together with all diminution in
value to the remainder land and improvements (if any) which can be attributed to the proposed
use of, or activity upon, the proposed perpetual, non - exclusive, road right -of -way, drainage, and
utility easement (Parcel No. 157 RDUE).
The Appraisal Standards Board of the Appraisal Foundation adopted the "2014 -2015 Uniform
Standards of Professional Appraisal Practice" (USPAP) on February 1, 2013. The 2014 -2015
standards became effective January 1, 2014 through December 31, 2015. In compliance with
Standards Rule 2 -2(b), the appraiser is communicating to the client a "Summary Appraisal
Report ", one of the three reporting options allowed under Standards Rule 2 -2.
To estimate the compensation due the property owner, the appraiser has estimated the "as is"
market value of the undivided fee simple interest in the parent tract before and after the
proposed acquisition. Accordingly, as of the date of value, February 22, 2014, the appraiser
has utilized the hypothetical condition assuming the proposed acquisition and the
proposed roadway improvements have been completed. A hypothetical condition is
contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions
assume conditions contrary to known facts about physical, legal, or economic characteristics of
the parent tract; or about conditions external to the property, such as market conditions or
trends; or about the integrity of data used in an analysis.
The parent tract of this appraisal assignment is an unimproved tract of land located on the north
side of Golden Gate Boulevard E. between 4th Street NE and 6th Street NE in Collier County,
1633 S.E. 41st Street • Cane Cnral • Florida 33904 -7470
239 - 542 -2311 'Packet Page - 349- t @comcast.net
6/24/2014 16.A.2.
Page No. 2 Prepared for and property of Collier County
February 27, 2014 Board of Commissioners. Reliance upon the
Harry Henderson, SRA, Review Appraiser appraisal for other uses is not warranted.
Naples, Florida. The parent tract owner of record is listed on the 2013 Collier County Tax Roll
as Opportunities Real Estate Fund, LLLP. The property is identified as Folio No. 37285280003
and S.T.R.A.P. No. 330100 730 4CO3 in the Collier County Property Appraiser's Office.
The parent tract contains 2.34 acres of gross land area and is rectangular in shape.
Specifically, the parent tract has a southern property line along Golden Gate Boulevard E. that
measures 150 feet; with a depth there from along the eastern and western property lines that
measure 680 feet; and a rear, northern property line that measures 150 feet.
The parent tract benefits from 150 feet of frontage along the northerly right -of -way of Golden
Gate Boulevard E. Golden Gate Boulevard E. is an arterial, undivided, two lane, paved
roadway.
The available utilities to the parent tract include telephone, electrical service and emergency
services. Drinking water would be typically provided by a private well. Wastewater would be
typically disposed of by a private septic tank and drain field combination.
The parent tract is a level tract that is not cleared. The parent tract is situated within an area
designated Flood Zone AE in the Federal Emergency Management Flood Rate Maps, Map
Number 12021 C0430H, and dated May 16, 2012. Flood Zone AE is the flood insurance rate
zone used for the 1- percent - annual- chance floodplains that are determined for the Flood
Insurance Study by detailed methods of analysis. In most instances, Base Flood Elevations
derived from the detailed hydraulic analyses are shown at selected intervals in this zone.
Mandatory flood insurance purchase requirements apply.
Based on the appraiser's review of the United States Department of Agriculture's Soil Survey of
Collier County, Florida, the parent tract is located in an area with predominant soil types that
includes No. 6, Riviera, Limestone Substratum - Copeland Fine Sand; and No. 18, Riviera Fine
Sand, Limestone Substratum. It is important to bring to the reader's attention that the
information reported above related to the predominant soil group(s) on or near the parent tract,
are general in nature, and may or may not apply specifically to the soil group(s) located on the
parent tract.
The parent tract is presumed to be unencumbered by current county, state, and federal
regulations related to certain areas being considered to be jurisdictional based upon vegetation
classifications and /or wildlife species. It is important for the reader to be advised that no
environmental studies of the parent tract have been provided to the appraiser.
The parent tract is designated Estates Designation on the Collier County Future Land Use Map,
within the Residential Estates Sub - district, and is further regulated by the Golden Gate Area
Master Plan. Furthermore, the parent tract is zoned E, Estates District, according to the Collier
County Land Development Code.
The parent tract is encumbered by a 50 -foot wide road right -of -way easement along the
southern property line along the property's existing frontage to Golden Gate Boulevard E. The
appraiser is not aware of any other easements or restrictive covenants which might adversely
affect the market value and development of the parent tract before the taking. However, the
reader is advised that the appraiser has not been provided any title information.
The parent tract is unimproved.
Based on the analysis of the legally permissible, physically possible, financially feasible and
maximally productive uses of the parent tract, the highest and best use "as though vacant" is
estimated to be potential single - family residential development.
"COQ Packet Page - 350 -'S, Inc.
6/24/2014 16.A.2.
Page No. 3 Prepared for and property of Collier County
February 27, 2014 Board of Commissioners. Reliance upon the
Harry Henderson, SRA, Review Appraiser appraisal for other uses is not warranted.
The proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement will be
utilized for the widening of Golden Gate Boulevard E. from Wilson Boulevard to DeSoto
Boulevard. Plans included the widening of Golden Gate Boulevard E. from two lanes to four
lanes and will include capacity improvements such as adding turn lanes to the Wilson Boulevard
and Everglades Boulevard intersections. Other improvements include traffic signal upgrades at
three major intersections (Wilson, Everglades and DeSoto Boulevards), on -road bike lanes and
sidewalks on both sides of the roadway. This project will also include the replacement of
bridges over three canals, the Golden Gate, Miller and Faka Union canals.
Parcel No. 157 RDUE is a perpetual, non - exclusive, road right -of -way, drainage, and utilities
easement that consists of a 30 foot wide strip taking along the northerly right -of -way of Golden
Gate Boulevard E. Parcel No. 157 RDUE contains 0.10 acres (4,500 square feet) of gross land
area and is rectangular in shape. Specifically, the Parcel No. 157 RDUE has a southern
property line along Golden Gate Boulevard E. that measures 150 feet; with a depth there from
along the eastern and western property lines that measure 30 feet; and a rear, northern property
line that measures 150 feet. No significant improvements are located within the proposed
perpetual, non - exclusive, road right -of -way, drainage, and utility easement.
The remainder property shall contain 2.34 acres of gross land area and is still rectangular in
shape and the same size and shape as before the taking, since the proposed property rights to
be acquired involve a perpetual easement for road right -of -way, drainage, utilities and
maintenance of these uses. However, the remainder property will be encumbered by an
additional perpetual easement located along the northerly existing right -of -way of Golden Gate
Boulevard E. containing 0.10 acres of gross land area. The remainder property's overall
access, availability to utilities, topography, land use designation, and zoning are unchanged.
The highest and best use of the remainder property "as vacant" is estimated to remain the same
as before the taking, potential single - family residential development. Finally, the remainder
property is not considered to be damaged due to the taking of the proposed perpetual easement
acquisition area.
The intended use of the appraisal is understood to be for use as a basis of value for determining
full compensation to the property owner for the loss of the real estate resulting from the property
rights and improvements (if any) which are proposed to be acquired, including all diminution in
value to the remainder land and improvements (if any) which can be attributed to the use of, or
activity upon, the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility
easement (Parcel No. 157 RDUE).
Market Value is defined as "the most probable price that 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 they consider their
own best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash in United States dollars or in terms of financial
arrangements comparable thereto; and
Krllco� packet Page - 351 -'S, Inc.
Page No. 4
February 27, 2014
Harry Henderson, SRA, Review Appraiser
6/24/2014 16.A.2.
Prepared for and property of Collier County
Board of Commissioners. Reliance upon the
appraisal for other uses is not warranted.
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 ".
Source: The Dictionary of Real Estate Appraisal, Fifth Edition, 2010, The Appraisal
Institute, Chicago, IL 60607, Page 123.
This letter of transmittal precedes the full narrative appraisal report, further describing the
property and containing the reasoning and most pertinent data leading to the final value
estimates. Your attention is directed to the "General Assumptions ", "General Limiting
Conditions ", and "Certificate of Appraisal ", which are considered usual for this type of
assignment and have been included in the addendum of this report.
Unless otherwise stated in this report, the existence of hazardous substances, including without
limitation, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals,
which may or may not be present on the property, or other environmental conditions, were not
called to the attention of nor did the appraiser become aware of such during the inspection. The
appraiser has no knowledge of the existence of such materials on or in the property unless
otherwise stated. The appraiser, however, is not qualified to test for such substance or
conditions. If the presence of such substances, such as asbestos, urea, formaldehyde foam
insulation, or other hazardous substances or environmental conditions, may affect the value of
the property, the value estimated is predicated on the assumption that there is no such condition
on or in the property or in such proximity thereto that it would cause a loss in value. No
responsibility is assumed for any such conditions or for any expertise or engineering knowledge
required to discover them. Furthermore, the appraiser is not an expert in the determination of
jurisdictional wetlands or non jurisdictional uplands.
By reason of my investigation and analysis, data contained in this report, and my experience in
the real estate appraisal business, it is my opinion that the amount due the property owner, as a
result of the loss of real estate resulting from the property rights and improvements (if any)
which are proposed to be acquired, including all diminution in value to the remainder land and
improvements (if any) which can be attributed to the use of or activity upon the proposed
perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157
RDUE), as of February 22, 2014, is:
Value of the Property Rights Taken: $1,000
Value of the Improvements Taken: 0
Severance Damages: 0
Net Cost to Cure: 0
TOTAL AMOUNT DUE OWNER: $1,000
Respectfully submitted,
WILCOX APPRAISAL SERVICES, INC.
R. Alan Wilcox, MAI, SRA
State - Certified General Real Estate Appraiser
RZ 306
Wilco) packet Page - 352 - 3S, lnC.
6/24/2014 16.A.2.
Prepared for and property of Collier County Board of Commissioners. Page
Reliance upon the appraisal for other uses is not warranted.
Table of Contents
PAGE
TABLECONTENTS .......................................................................... ..............................1
CERTIFICATION.............................................................................. ............................... 3
SUMMARY OF SALIENT FACTS AND CONCLUSIONS ............... ............................... 5
INTRODUCTION AND DEFINITION OF THE APPRAISAL PROBLEM ......................11
Identification of the Intended User .......................................................... .............................12
Identification of the Real Estate .............................................................. .............................12
PriorServices ......................................................................................... .............................13
Identification of the Property Rights to be Valued ................................... .............................13
Intended Use or Function of the Appraisal .............................................. .............................14
Definition of the Value Estimate(s) ......................................................... .............................14
Dateof Value Estimate(s) ...................................................................... .............................15
Description of the Scope of the Appraisal ............................................... .............................15
HypotheticalConditions .......................................................................... .............................15
OtherLimiting Conditions ....................................................................... .............................16
PHOTOGRAPHS OF THE PARENT TRACT ................................ ............................... 17
VALUATION ANALYSIS OF THE PARENT TRACT
.................... ............................... 20
Ownerof Record ....................................................................................
.............................21
Legal Description of the Parent Tract .....................................................
.............................21
Real Estate Assessments and Ad Valorem Taxes .................................. .............................21
Sales and Marketing History of the Parent Tract ....................................
.............................21
Florida Area and Collier County Map ......................................................
.............................22
Parent Tract Local Area Map .................................................................. .............................23
MarketArea Data .................................................................................. .............................24
ParentTract Aerial Map .........................................................................
.............................27
ParentTract Plat Map ............................................................................ .............................28
ParentTract Land Use Map ...................................................................
.............................29
ParentTract Zoning Map ........................................................................
.............................30
SiteData ...............................................................................................
.............................31
Collier County Future Land Use Designation ..........................................
.............................33
ZoningClassification ..............................................................................
.............................34
ImprovementData ..................................................................................
.............................36
Highestand Best Use .............................................................................
.............................37
TheAppraisal Process ...........................................................................
.............................40
The Sales Comparison Approach to Value .............................................
.............................42
LandSales Map .....................................................................................
.............................44
Reconciliation of the Value Indications ...................................................
.............................54
Estimation of Reasonable Exposure Time ..............................................
.............................55
W"CO) Packet Page - 353 -'S, W.
6/24/2014 16.A.2.
Prepared for and property of Collier County Board of Commissioners. Page 2
Reliance upon the appraisal for other uses is not warranted.
Table of Contents - continued
PAGE
DESCRIPTIONS AND VALUATION ANALYSES OF THE PROPOSED PARTIAL
ACQUISITION AREA AND THE REMAINDER PROPERTY ........ ............................... 56
Parcel No. 157 RDUE Acquisition Area Map .......................................... .............................57
Project Description and Identification of the Proposed Partial Acquisition Area ...................58
Valuation Analysis of the Proposed Partial Acquisition Area ................... .............................58
Valuation Analysis of the Remainder Property "As Severed" .................. .............................59
Severance Damages to the Remainder Property ................................... .............................60
Costto Cure Analysis ............................................................................. .............................60
SpecialBenefits ..................................................................................... .............................60
Summary and Conclusion and the Total Compensation Estimate .......... .............................61
ADDENDUM.................................................................................. ............................... 62
Assumptions and Limiting Conditions ..................................................... .............................63
Qualifications of the Appraiser ................................................................ .............................65
Site To Do Business Site Map ............................................................. ............................... 67
Site To Do Business Executive Summary Report ................................... .............................69
LandSales Map ..................................................................................... .............................75
LandSales Data Sheets ......................................................................... .............................76
WI/C0-� packet Page - 354 -'S, Inc.
6/24/2014 16.A.2.
Prepared for and property of Collier County Board of Commissioners. Page 3
Reliance upon the appraisal for other uses is not warranted.
Certification
I certify that, to the best of my knowledge and belief:
• 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 limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report,
and I have no personal interest with respect to the parties involved.
• 1 have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment and my engagement in this assignment was not
contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the developing
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
• The reported analyses, opinions, and conclusions were developed, and this report has
been prepared, in conformity with the requirements of the Code of Professional Ethics
and Standards of Professional Appraisal Practice of the Appraisal Institute.
• The reported analyses, opinions, and conclusions were developed, and this report has
been prepared, in conformity with the Uniform Standards of Professional Appraisal
Practice.
• The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
• As of the date of this report, R. Alan Wilcox, MAI, SRA, has completed the requirements
under the continuing education program of the Appraisal Institute.
• As of the date of this report, R. Alan Wilcox, MAI, SRA, State - Certified General Real
Estate Appraiser, License No. RZ 306, has completed the requirements under the
continuing education program of the State of Florida for state - certified appraisals.
• I, R. Alan Wilcox, MAI, SRA, have made a personal inspection of the subject property
and sales comparables that are contained in this report.
• No one provided significant professional assistance other than the person signing this
report, unless otherwise indicated within the report.
• I, R. Alan Wilcox, MAI, SRA, have performed no services, as an appraiser or in any
other capacity, regarding the property that is the subject of this report within the three -
year period immediately preceding acceptance of this assignment.
• This report was prepared for and is the property of the Collier County Board of
Commissioners and the reliance upon this appraisal for other uses is not warranted.
• Acceptance and utilization of this appraisal report, or any portion thereof, constitutes
acknowledgement and acceptance of all General Assumptions and Special Conditions
contained herein.
WICO)l Packet Page - 355- 'S,1nC.
6/24/2014 16.A.2.
Prepared for and property of Collier County Board of Commissioners. Page 4
Reliance upon the appraisal for other uses is not warranted.
To estimate the compensation due the property owner, the appraiser has estimated the "as is"
market value of the undivided fee simple interest in the parent tract before and after the
proposed acquisition. Accordingly, as of the date of value, February 22, 2014, the appraiser
has utilized the hypothetical condition assuming the proposed acquisition and the
proposed roadway improvements have been completed. A hypothetical condition is
contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions
assume conditions contrary to known facts about physical, legal, or economic characteristics of
the parent tract; or about conditions external to the property, such as market conditions or
trends; or about the integrity of data used in an analysis.
By reason of my investigation and analysis, data contained in this report, and my experience in
the real estate appraisal business, it is my opinion that the amount due the property owner, as a
result of the loss of real estate resulting from the property rights and improvements (if any)
which are proposed to be acquired, including all diminution in value to the remainder land and
improvements (if any) which can be attributed to the use of or activity upon the proposed
perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157
RDUE), as of February 22, 2014, is:
Value of the Property Rights Taken: $1,000
Value of the Improvements Taken: 0
Severance Damages: 0
Net Cost to Cure: 0
TOTAL AMOUNT DUE OWNER: $1,000
Respectfully submitted,
WILCOX APPRAISAL SERVICES, INC.
R. Alan Wilcox, MAI, SRA
State - Certified General Real Estate Appraiser
RZ 306
KrIICO� packet Page - 356 - as, Inc.