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Agenda 04/09/2013 Item #16A 6 4/9/2013 16.A.6. EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement for the acquisition of a Drainage Easement (Parcel No. 271 DE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project(Project#51101). Estimated Fiscal Impact: $14,130. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for an Easement Agreement for the acquisition of a Drainage Easement, which is required for the construction of the Crown Pointe Weir in the Haldeman Creek segment of the Lely Area Stormwater Improvement Project. CONSIDERATIONS: Parcel No. 271 DE contains 1,003 square feet, respectively, and is located in Kings Lake and owned by Mr. & Mrs. James Stanley. The Easement Agreement provides a purchase price of$14,000.00. Please refer to the attached appraisal report prepared by the Growth Management Division's Review Appraiser, Harry Henderson, SRA, and note that the appraisal for the Drainage Easement is $14,000.00. The property owners have agreed to accept the appraised value of$14,000.00. FISCAL IMPACT: Funds in the amount of$14,130.00 are available in the Stormwater Capital Improvement Fund Source. The purchase price of the easement is $14,000.00 and approximately $130.00 is for recording costs. Source of funds are Ad Valorem taxes. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires a majority vote for Board approval. -JW GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Easement Agreement and authorize its Chairwoman to execute same on behalf of the Board; and authorize the County Manager, or his designee, to record the conveyance instruments in the public records of Collier County, Florida; authorize the payment of all costs and expenses necessary to close the transaction; authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreements; and authorize any and all budget amendments which may be required to carry out the collective will of the Board. Prepared By: Sonja Stephenson, Property Acquisition Specialist, Growth Management Division, Transportation Engineering, Right-of-Way Acquisition Attachments: 1)Easement Agreement; 2) Legal Description and Sketch; 3) Location Map and 4) Appraisal Report dated February 19, 2013 Packet Page-423- 4/9/2013 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.6. Item Summary: Recommendation to approve an Easement Agreement for the acquisition of a Drainage Easement (Parcel No. 271 DE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project(Project#51101). Estimated Fiscal Impact: $14,130. Meeting Date: 4/9/2013 Prepared By Name: StephensonSonja Title: Property Acquisition Specialist,Transportation Eng 3/11/2013 9:12:23 AM Submitted by Title: Property Acquisition Specialist,Transportation Eng Name: StephensonSonja 3/11/2013 9:12:25 AM Approved By Name: BishopMargaret Title: Project Manager, Senior,Transportation Engineering Date: 3/12/2013 2:5 9:09 PM Name: GossardTravis Title: Superintedent-Roads&Bridges,Transportation Eng Date: 3/12/2013 4:22:51 PM Name: PutaansuuGary Title: Project Manager,Principal,Transportation Engineer Date: 3/13/2013 11:38:38 AM Name: KearnsAllison Date: 3/13/2013 3:07:47 PM Packet Page-424- 4/9/2013 16.A.6. Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 3/14/2013 1:14:17 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 3/15/2013 8:04:41 AM Name:HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 3/15/2013 8:47:09 AM Name: LynchDiane Title: Administrative Assistant Date: 3/15/2013 10:24:25 AM Name: ShueGene Date: 3/15/2013 2:42:05 PM Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 3/20/2013 12:34:49 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 3/27/2013 9:39:34 AM Name: KlatzkowJeff Title: County Attorney Date: 3/28/2013 1:51:54 PM Name:UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/1/2013 11:45:28 AM Name: OchsLeo Title: County Manager Date: 4/1/2013 12:00:38 PM Packet Page-425- 4/9/2013 16.A.6. PROJECT: LASIP Haldeman Ditch Project (51101) PARCEL No(s): 271 DE FOLIO No(s): 53002400008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between JAMES M. STANLEY AND BOBBYE S. STANLEY, husband and wife, whose mailing address is 2457 Dorset Court, Naples, Florida 34112 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, 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"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive drainage, access and maintenance easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; 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: 1. 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: $14,000.00 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 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, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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"): Packet Page-426- 4/9/2013 16.A.6. Page 2 (a) 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., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system 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. oak If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the 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. Packet Page-427- 4/9/2013 16.A.6. Page 3 (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. (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. Packet Page-428- 4/9/2013 16.A.6. Page 4 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 1 compensation payable to the Owner per Paragraph 2. However, should the Mortgage holder request the entire amount as referenced in Paragraph 2,the Agreement is null and void. County shall have sole discretion as to what constitutes "reasonable processing fees." 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. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 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 Amok 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 expect a large Banyan tree that comprises three trees straddles the middle portion of the 11' easement and the property. The portion of the Banyan tree that is located on the property will be trimmed and topped and the portion that is located in the easement will be removed. A Buttonwood tree that also straddles the easement will be trimmed and will remain on the property. Any portion of both of these trees located in the easement will be removed. The intent of trimming the trees will remove any rotten areas and promote a healthy survival rate.All other vegetation in the easement will be removed. 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. Packet Page-429- 4/9/2013 16.A.6. Page 5 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, AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Georgia A. Hiller, Esq. Chairwoman AS TO OWNER: DATED: - 1> Witness (Signature) /AMES M. STANLEY Name(Print or Type) 4,144p\k(W.------- Witness(Signature) )')Pt Name(Print or Type) Wad .+ JCL 6i Witness (Signature) BOBBYE STANLEY /Ii/;/1 Name(Print or Type) Witness(Sigritature) 30 t El _� Name (Print or Type) Approved as to form and legal sufficiency: I r! Jeff right Assisfant County Attorney Last Revised:04/20/2012 Packet Page-430- EXHIBIT 4/9/2013 16.A.6. Page I +iP) .. 1 ��" a N � < W > W t O 0 W 0 'S 3o N `V 0 r- J 20 Z W Z U 11 uW ^W Z' Z Q Z ce f): ;!!'_.........<411iD____......4v 0,, ..' 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AAA 41/(INS NORTH AMERICA,INC. 4819)382-7275 AND DESCRIPTION '” FLORIDA CERTIFICATO Of AUTHORIZATION NUMBER 1824 4,1 SHEET:1 OF 2 I Packet Page-431- _0Ni 4/9/2013 16.A.6. Page a al a • SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA DESCRIPTION DRAINAGE EASEMENT PARCEL 271DE A PORTION OF LOT 7, BLOCK "OW OF KINGS LAKE UNIT NO. 3 AS RECORDED IN PLAT BOOK 13, PAGE 33, OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE 689'58'40"W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7. A DISTANCE OF 89.20 FEET TO THE WESTERLY LINE OF SAID LOT 7; THENCE N20'31'20'W, ALONG SAID WESTERLY LINE, 11.74 FEET; THENCE N89'58'40'E, 93.21 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE 500'34'11"E, ALONG SAID EAST LINE, 11.00 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 1003 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 7, SAID LINE BEARS 589'58'40"W. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 2011 ATKINS NORTH AMERICA, INC. LICEN LIP BUSI J5SS 24 ALL RIG9T6'R€IRVED Peter J. Mattson Professional Surveyor dt Mopper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH o...4c. "Ions.... ...6, r.-uw- NOT A BOUNDARY SURVEY QRJGJML: JM1002012 ipg ya .x_100918332 AT ' rwowsorscour LELY AREA STORM WATER uwno' CNCC elw 1 Ra n,o.n SDITE f00 IMPROVEMENT PROJECT(LASIP 198) cwscaceo o�+ TAMRA,FL 23607 DRAINAGE EASEMENT SKETCH '" a ATKINS NORD,AMERICA.INC. (87.21 282-7273 AND DESCRIPTION � SHEET:2 OF 2 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER L824 • Packet Page-432- — — 4/9/2013 16.A.6. O 1- � Q W n Z w N O CC)J 2. oV W W Z C.) II �JSH ,'IL-L' (� CCZ7J r z VI: �.� �_+ O w y CC....!-� CA U c<n.I a� w w N = f Oat^ W In W Q = to to = W 1.,J vs 8 O (.7 °° °a Le, u07 1LL._ F�zzLuF VI � 0.;< er a. p04X II Oc.J3 Q= `^Y ) �g = z� W 11 II It I- II• O I °g I qm N 3 W co C9 691-0 ll 11 11 LIJ .0 O< O J O d 01 0 01■-0-': J° 0 . L 1,1011735 10 41I MI v o 3Hi JO 3NI1 1Sb'3 _ __ _ _ 1 _ _ _ __.____ D N Z OC 7W CO W¢z� Zn0 Nir 1 < i-- ![ W I--Z Z< N N a n. F- U. OW UIw2 W +„ S W p ?¢ �z�v N��• O.- N Z° `a �a-c am_ CDD =^Y O mWN WwO ZM.M aO ¢00 ..I QQm,R V.QMi X00 Zz al v,m cn ig S sa Q Q 0 3 ¢ cV 0 J C)1- 3p O Q a CO Z V) LL 0 YJ CU 60 F' U to N W 1s: 01 01 Z .- N O Z V) J J J H "i H W 0 N w Ca n O t-) 0,1 22 W¢a gtFR v NE�F` W J N\ in W CI 4 p Q Y O ti m an Z J W O- W O 0 tO 41 2 H - 0 J 0 SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION POWS 0u11x1 NOT A BOUNDARY SURVEY AT K'N s 4030 W BOY SCOUT 1M061Mq: JyL01 At2 10B M0. 1•at__ LELY AREA STORM WATER I evlslons: O.V.11 PNJ 8 IMPROVEMENT PROJECT(LASIP 19B) 1 '2012 ago wM TAMPA FL avow DRAINAGE EASEMENT SKETCH 2• QC PJM ATK/NS NORTH AMERICA,INC. (813)282.7275 AND DESCRIPTION J• FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER L824 4• SHEET:1 OF 2 Packet Page-433- 4/9/2013 16.A.6. SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA DESCRIPTION DRAINAGE EASEMENT PARCEL 271DE A PORTION OF LOT 7. BLOCK "Q" OF KINGS LAKE UNIT NO. 3 AS RECORDED IN PLAT BOOK 13, PAGE 33, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE 589'58'40"W ALONG THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 89.20 FEET TO THE WESTERLY UNE OF SAID LOT 7; THENCE N20'31'20'W, ALONG SAID WESTERLY UNE, 11.74 FEET; THENCE N89•58'40"E, 93.21 FEET TO THE EAST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE 50014'11"E, ALONG SAID EAST UNE, 11.00 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 1003 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SECTION 7, SAID LINE BEARS 589'58'40"W. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. ©2011 ATKINS NORTH AMERICA, INC. UCENS BUST SS 24 ALL RI�T$"AFStA'�`� Peter J. Mattson Professional Surveyor dc Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH 0M.. �...e.,,wn w,2m,+c NOT A BOUNDARY SURVEY ,x1. ORIGINAL:.JAN.05.201Z mg lm. 1005/6122 I'"rK] S IQTOWBOY SCOUT 7 LELY AREA STORM WATER „e' °' , nAN 8Lw 1MACM 2.2012 suITETao IMPROVEMENT PROJECT(LASIP 14B) CMC«� r„ TAMPA.FL 33607 DRAINAGE EASEMENT SKETCH '" QC •A( ATKINS NORTH AMERICA.INC. (819)282.7276 AND DESCRIPTION 1i SHEET'2 OF 2 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER LB2.1 6 A Packet Page-434- 4/9/2013 16.A.6. Parcel 271 DE , ., :,,,,,,,,,„ _ , ,,�".�" - ,2 .' '. y gg� �C7 ! 222 3!,' }.yam £ ^. t 1 ' Kj �b '.x1 a if {l. ' F Yt 1 ' b; -k"mi.'''''‘,4i4”,. pd .� §- a a y 1 , ikkt r-lti.i; ,,,,,i,....-;:;i::4.„.,,,_-„,:,._,.,-..; ,,., . , r Adak _ S^ ".- 1 .ter ' ' � � Packet Page-435- Goodkind&Swift,Inc. 4/9/2013 16.A.6. LAND APPRAISAL SUMMARY REPORT Flle No.: 271 DE Property Address: 2457 Dorset Court City:Naples State:FL Zip Code:34112 County: Collier Legal Description: Kings Lake Unit 3 Block Q Lot 7(Parent Tract).This appraisal is an estimate of j the just compensation due to the property owner for Collier County's acquisition of a drainage easement on the rear portion of the parent tract. Assessor's Parcel#: 53002400008 Tax Year:2012 R.E.Taxes:$2,783 Special Assessments:$ Unknown II▪I Market Area Name: Kings Lake/Queens Park Map Reference: S7-T50-R26 Census Tract: 106.06 I`Current Owner of Record: Stanley,J&B Borrower(d applicable): N/A to Project Type(f applicable): ❑ PUD ® De Minimis PUD ❑Other(describe) HOA:$310 ®per year ❑per month Are there any existing improvements to the property? ❑No ®Yes ff Yes,indicate current occupancy: ®Owner ❑Tenant ❑Vacant ❑Not habitable If Yes,give a brief description: The subject parent tract is improved with a single-family home.This is a 2404sf dwelling with attached 2 car Jjjj garage,lanai and pool.This site is well landscaped in a manner typical for the area.The dwelling and bulk of the site improvement are not impacted by the proposed drainage easement parcel. The purpose of this appraisal is to develop an opinion at I J Market Value(as defined),or pC other type of value(describe) Just Compensation for DE This report reflects the following value(if not Current,see comments): ®Current(the Inspection Date is the Effective Date) ❑Retrospective ❑Prospective Y Property Rights Appraised: ®Fee Simple ❑Leasehold ❑Leased Fee ❑Other(describe) g Intended Use: A portion of the subject tract is required for drainage facilities associated with LASIP improvements in the area.The intended use of z-the appraisal is to estimate just compensation for the acquisition of the needed drainage easement parcel by the County, Intended User(s)(by name or type): Collier County Government,Growth Management Division , Client: Collier County GMD Address: 2885 South Horseshoe Drive,Naples,FL 34104 Appraiser: Harry Henderson,SRA Address: 2885 South Horseshoe Drive,Naples,FL 34104 Characteristics Predominant One-Unit Housing Present Land Use Change in Land Use Location: ❑Urban ®Suburban ❑Rural Occupancy PRICE AGE One-Unit 65% ®Not Likely Built up: ®Over 75% ❑25.75% ❑Under 25% ®Owner $(000) (yrs) 2-4 Unit 0% ❑Likely* ❑In Process* Growth rate: ❑Rapid ®Stable ❑Slow ❑Tenant 175 Low 5 Multi-Unit 25% *To: Property values: ❑Increasing ®Stable ❑Declining ®Vacant(0-5%) 425 High 40 Comm'l 0% Demand/supply: ❑Shortage ®In Balance ❑Over Supply ❑Vacant(>5%) 295 Pred 30 Vac 0% Marketing time: ❑Under 3 Mos.®3-6 Mos. ❑Over 6 Mos. Util:Gmwy 10% z Factors Affecting Marketability 0` Item Good Average Fair Poor N/A Item Good Average Fair Poor N/A EL Employment Stability ❑ ® ❑ ❑ ❑ Adequacy of Utilities ❑ ® E D E u,Convenience to Employment Property Compatibility ❑ ® E D E Wj Convenience to Shopping ❑ ® ❑ ❑ ❑ Protection from Detrimental Conditions ❑ ® ❑ ❑ ❑ Convenience to Schools E Z E E E Police and Fire Protection ❑ ® ❑ ❑ ❑ to Adequacy of Public Transportation ❑ Z E E ❑ General Appearance of Properties ❑ ® E D E q Recreational Facilities ❑ ® E E O Appeal to Market ❑ ® E D E W`Market Area Comments: The subject is located in the Kings Lake area of greater Naples(unincorporated Collier County)just west of an FPL St transmission corridor and public greenway.Kings Lake is an established residential community composed of a compatible mix of single-family I` homes and condo units.Essential services are within easy access.Maintenance levels in the area are good. The proposed drainage easement acquisition parcel is an 11ft-wide strip running along the rear boundary of the subject parent tract(adjacent to an existing drainage canal).The easement parcel has a total area of 1003sf.The encumbrance associated with this parcel is estimated at 95%of the fee interest. Dimensions: 47 x irregular Site Area: 14,375 sf Zoning Classification: PUD Description: Planned Development Do present improvements comply with existing zoning requirements? ®Yes El No ❑No Improvements Uses allowed under current zoning: Single-family Home Are CC&Rs applicable? ❑Yes ❑No ❑Unknown Have the documents been reviewed? ❑Yes ❑No Ground Rent(if applicable)$ N/A/ . Comments: N/A Highest&Best Use as improved: ®Present use or ❑Other use(explain) Actual Use as of Effective Date: Single-family home Use as appraised in this report Vacant land available for single-family dev. Summary of Highest&Best Use: The subject site's highest and best use is found in its current use,as improved,with a single-family home and G associated site improvements. -' a w(Utilities Public Other Provider/Description Off-site Improvements Type Public Private Frontage Adequate o Electricity ® ❑ Street Macadam ® ❑ Topography Level w Gas ❑ ❑ Width N/A Size Compatible with area • Water ® ❑ Surface Paved Shape Irregular to Sanitary Sewer ® ❑ Curb/Gutter Concrete ® ❑ Drainage Appears to be adequate Storm Sewer ® ❑ Sidewalk N/A ❑ ❑ View Landscape/canal Telephone ® ❑ Street Lights Electric ® ❑ Multimedia ® ❑ Alley N/A ❑ ❑ Other site elements: ❑Inside Lot ❑Comer Lot ®Cul de Sac ❑Underground Utilities ❑Other(describe) FEMA Spec'l Flood Hazard Area ❑Yes ❑No FEMA Flood Zone N/A FEMA Map#N/A FEMA Map Date N/A Site Comments: The subject parent tract is an irregularly shaped cul-de-sac located lot which backs-up to an FPL transmission corridor and existing area drainage canals.A planted mix of trees and bushes situated along the rear of the subject site provides screens the home from the jjj transmission lines to the east of the property. GP LAND Copyright®2007 by a is mode,inc.This form may be reproduced unmodified without written permission,however,a is mode,inc.must be acknowledged and credited. Form GPLND—"WinTOT etc.—1-800.ALAMODE 3/2007 Packet Page-436- 4/9/2013 16.A.6. LAND APPRAISAL SUMMARY REPORT -- ".—.-E -""' ' FIIe No.: 271 DE My research L.J did X did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source(s): No applicable prior sales re O 1st Prior Subject Sale/Transfer Analysis of sale/transfer history and/or any current agreement of sale/listing: N/A ti-Date: N/A Allirk = Price: C4,Source(s): co 2nd Prior Subject Sale/Transfer Date: N/A -. Price: "'! Source(s): FEATURE I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 2457 Dorset Court 8856 Lely Island Circle 145 Muirfield Circle 7002 Kiwi Place Naples,FL 34112 Naples,FL 34113 Naples,FL 34113 Naples,FL 34113 Proldmity to Subject 4.08 miles SE 1.74 miles SE 4.28 miles SE . Sale Price $ $ 125,000 $ 100,000 $ 90,000 Price/ $ $ 10.63 $ 8.50 $ 5.74 :Data Source(s) Inspection MLS#211507314 MLS#211517029 MLS#211016580 Verification Source(s) Public Records/Agent Public Records/Agent Public Records/Agent VALUE ADJUSTMENT DESCRIPTION DESCRIPTION +(-)%Adjust DESCRIPTION +(-)%Adjust DESCRIPTION +(-)%Adjust Sales or Financing N/A Cash Cash Cash x Concessions None None None er Date of Sale/Time Current 03/12 06/12 11/11 • Rights Appraised Fee Simple Fee Simple Fee Simple Fee Simple a Location Kings Lake Lely Resort -7.5 Lely CC Equiv.Lely Resort -7.5 4... Site Area 14,375 11,761 11,761 15,682 O,Topography Level Level Level Level 1),View Landscape/canal Golf Course -10 Golf Course -10 Landscape 0 4 a f 0 0. co`Net Adjustment(Total,in$) ❑+ Fl - $ -1.86, ❑+ ® - $ -0.85 n+ ® - $ -0.43 Net Adjustment(Total,in%of$/) Net 17.51 (-17.5%of E/! Net 10.0% (-10%of$/) '; Net -7.5% (-7.5%of$A o Adjusted Sale Price(in$1) Gross 17.5:%$ 8.77 Gross 10.0%$ 7.65 Gross 7.5%$ 5.31 Summary of Sales Comparison Approach See attached addenda. PROJECT INFORMATION FOR PUDs(if applicable) (Xj The Subject is part of a Planned Unit Development. c Legal Name of Project: King's Lake a Describe common elements and recreational facilities: Not material to assignment Indicated Value by:Sales Comparison Approach$ 14,000 Parcel 271 DE Final Reconciliation All weight given to the Sales Comparison Approach to value.The above value conclusion represents the total appraised just 0 compensation relating to taking parcel 271DE g This appraisal is made®"as is",or ❑ subject to the following conditions: See comments in addendum. J o o ❑This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. w Based upon an inspection of the subject property,defined Scope of Work,Statement of Assumptions and Limiting Conditions,and Appraiser's Certifications, cc my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: $ 14,000 ,as of: February 19,2013 ,which is the effective date of this appraisal. If indicated above,this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda. s`A true and complete copy of this report contains pages,including exhibits which are considered an integral part of the report.This appraisal report may not be a;property understood without reference to the information contained in the complete report,which contains the following attached exhibits: ❑Scope of Work ®Limiting rand/Certifications ®Narrative Addendum ®Location Map(s) ❑Flood Addendum ❑Additional Sales 4 ®Photo Addenda ❑Parcel Map ❑Hypothetical Conditions H Extraordinary Assumptions ❑ Client Contact: Client Name: Collier County GMD E-Mail: Address: 2885 South Horseshoe Drive,Naples,FL 34104 APPRAISER SUPERVISORY APPRAISER(If required) or CO-APPRAISER(If applicable) w Supervisory or re Appraiser Name: Harry Henderson,SRA Co-Appraiser Name: g'Company: Collier County Growth Management Division/LASIP Company: I Phone: 239.252-5847 Fax: Phone: Fax: t,E-Mail: harryhenderson @colliergov.net E-Mail: a,'Date of Report(Signature): 02/19/2013 Date of Report(Signature): ' License or Certification#: RD3475 State: FL License or Certification#: State: - Designation: SRA Designation: Expiration Date of License or Certification: 11/30/2014 Expiration Date of License or Certification: Inspection of Subject: ®Did Inspect ❑Did Not Inspect(Desktop) Inspection of Subject: ❑Did Inspect ❑Did Not Inspect Date of Inspection: February 19,2013 Date of Inspection: GPLAND Copynghte 2007 by a la mode,inc.This form may be reproduced unmodified without written permission,however,a la mode,inc.must be acknowledged and credited. FormGPLND—"WinTOLPaCket Page -437-inc.—1-800-ALAMODE 3/2007 4/9/2013 16.A.6. Supplemental Addendum FileNo.271DE Borrower/Client N/A Property Address 2457 Dorset Court City Naples County Collier State FL Zip Code 34112 Lender •GP Land:Summary of Sales Comparison Approach The subject and site sales are compared on a unit/price basis($/sf);this negates the need for direct lot size adjustments. Adjustments are made on a percentage basis.All sales cited involve residential lots located in planned communities in the East Naples market area.Location adjustment for comps#1 and 3 reflect the general buyer preference for the Lely Resort community vs King's Lake(Comp#2 location,Lely Country Club,is judged to be equivalent to King's Lake with respect to market appeal).View adjustments reflect the general market preference for golf course views.All factors considered,a mid-range unit price of$7.30/sf is judged to be most reasonable for the subject lands.The parent tract is therefore valued as follows: 14,375 sf x$7.30/sf=$105,000(rounded). Parcel 271DE Analysis The proposed 1003 sf drainage easement (Parcel 271DE)will be used for the placement of a weir structure and re-contour of the embankment along the existing canal to the rear of the subject property.These improvements will require the permanent use,by easement,of an 11ft-wide strip along the rear portion of the parent tract.The encumbrance associated with this usage is estimated at 95%of the fee interest in these lands.The easement area is therefore valued as follows: 1003 of x$7.30/sf x 95%encumbrance=$7,000(rounded) Landscape improvements located within the proposed easement area include planted trees,bushes and minor fencing.Two sprinkler heads/lines and a pool overflow pipe are also located in the easement area.The aggregate contributory value of the landscape items is estimated to be$5,000;the contributory value of the sprinkler heads and pool overflow pipe will be handled within a minor cost to cure. In the post-take condition the property owner will have ample remaining rear yard space to re-establish a landscape screen along this portion of the property(which includes the ability to place limited plantings along the top part of the easement area). The$5,000 in plant material paid for in the take will be supplemented by an additional$1,500 to professionally design a planting scheme and implement the landscape plan(if so desired by the owner).Minor Cure to re-established landscape screen:$1,500. $500 in additional minor cure costs will be paid for the reconfiguration of the irrigation system in the area of the take;the pool overflow pipe will be re-established by the contractor during construction.Total Minor Cure Costs:$2,000.Residual Damages: 0. Total Appraised Compensation:$14,000 FormTADD—'WinTOTIPaCket Page-43$-nc.-1-800-ALAMODE 4/9/2013 16.A.6. Subject Photo Page Borrower/Chest N/A Property Address 2457 Dorset Court City Naples County Collier State FL Zip Code 34112 Lender Parent Tract/Rear - ° . 2457 Dorset Court Sales Price c+ Gross Living Area Total Rooms r_ Total Bedrooms a ; Total Bathrooms Location Kings Lake ,w View Site 14,375 1. Quality Age r m' 4ttt,e m*, Parcel Area t max , r Ate Parcel Area ayo-Yje�,dr.. ML el�vv � k 1 i.RA' Amok —szE.-rr�d;=:'�?�, Form PICPIX.SR—wuinro Packet Page-439-.,inc.—1-800-ALAMODE r 4/9/2013 16.A.6. Comparable Photo Page Borrower/Client N/A Property Address 2457 Dorset Court City Naples County Collier State FL Zip Code 34112 Lender "" ` Comparable 1 Aga `' \�, r�.•'' 8856 Lely Island Circle n' Prox to Subject 4.08 miles SE Sales Price 125,000 "' Gross Living Area �r s��. Total Roams ' Total Bedrooms Total Bathrooms d �,i - Location Lely Resort I View Site 11,761 Quality • f ; ' , = w Age ' i n , '.. d + , 3 /�. Comparable 2 145 Muirfield Circle �' ta, : , Prox.to Subject 1.74 miles SE Sales Puce 100,000 Gross Living Area .,- , Oroi ,•'",i',',.•• " Total Rooms s i 5!.f ' Total Bedrooms Total Bathrooms Location Lely CC j View ,j Site 11,761 .. Quality Age g an r L 6 •�1� r 1 ..1 -,_.,a _„« ` F Comparable 3 7002 Kiwi Place .; ` m �S Prox to Subject 4.28 miles SE ?, t -i Sales Price 90,000 •''' ,y. �- - Gross Living Area "` Total Rooms • .° Total Bedrooms Total Bathrooms s� Location Lely Resort "L View Site 15,682 Quality � , h Age r 1.4 s,-• K.v x fir, 4,„ "_ Form PICPIX.CR—'WinTC Packet Page -440- inc.—1-800 ALAMODE 4/9/2013 16.A.6. Location Map Borrower/Client N/A Property Address 2457 Dorset Court City Naples County Collier State FL Zip Code 34112 Lender , r Gate a la mode,inc. a u 1 a H iv rrcleyew K S N e GREY Oax xss ,a. a81I iv z tb COLONADE}AY SANTA -.. _._.. Golden Gate P5 w, 9$86 __ BaRBARA Zp a _ COMMERCE PARK- RIVEN REACH E- "Z`b., m..--.. 4 {AST GA1 EW B3: padia9d,_. 561 1• Radio Rd ., -•,/1.,,..'• EAS1 1011 PLAZA -- SUMMERWOOD ee SAunt"LAKE} a m 4 East Naples ., SNOPPESATSANTF 951 Davis'Blvdk: -'Davis Blvd=BartBaRA {., T Subject m SAN 1w1ARiNa '`ai 2457 Dorset Court ?FAU,kG 3J ••r COURTHOUSE - HONDIA ,1_ SHADOW5 - -,� ISLANOIA t AT "--LAGO VERDE` _ SHADOWWOODA g < 4 BCT o J ai,esnake Nammak Rf 184-.Rarb, Comparable#3 Comparable#2 c' 7002 Kiwi Place 145 Muirfieid Circle .riAmILTON 4.28 miles { HARBOR 1.74 miles Lely • 4' _ yea)Palm 1u! iar" SABAL RAY 957 'iat Naoles Martat ekes Lely f 8856 Lely Island Circle /'' 4.08 miles `e,i- 4E V v». =5,0 1,1 . LANDS END POINTS ' ,,,,,i Sa .:PRESERVE Hi . '4, 'Belle Meade - �'.,WALiAJi r LAKES a 14Th '.4(egi;f`li,+' 'CareenCovr - L. i " PRESERVE � HA1LOwav:; Gredk> tsuNa - Shell Island a 4.$4 t ysf s Pass Old Marco ' Junction . 15'miies :i , .tar : v_,� s�. ---� 7��� . ? �. FormMAP.LOC—'WinTO Packet Page-441-'inc.—1-800-ALAMODE 4/9/2013 16.A.6. y '„ File No.271DE Vate "• /v' 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. (Source: FDIC Interagency Appraisal and Evaluation Guidelines, October 27, 1994.) *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 area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND CERTIFICATION 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 valued on the basis of it being under responsible ownership. 2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the property. The appraiser has made no survey of the property. 3. 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,or as otherwise required by law. 4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization.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. 5, The appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous waste, 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. This appraisal report must not be considered an environmental assessment of the subject property. 6. 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. 7. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. 8. 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. 9. 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 mortgagee 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. 10. The appraiser is not an employee of the company or individual(s)ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resulting from the analysis, opinions, conclusions, or the use of this report. This assignment is not based on a required minimum,specific valuation,or the approval of a loan. Page 1 of 2 Form ACR2—"WinTOIPaCkt?t Page-442- inc.-1-800-ALAMODE 4/9/2013 16.A.6. Flle No.271DEJ11V1 „ati,�, •, CERTIFICATION: The appraiser certifies and agrees that: 1. The statements of fact contained in this report are true and correct. 2. 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. 3. Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest interest with respect to the parties involved. 4. Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development 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. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. 9. Unless otherwise indicated, I have made a personal inspection of the interior and exterior areas of the property that is the subject of this report, and the exteriors of all properties listed as comparables. 10. Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). ADDRESS OF PROPERTY ANALYZED: 2457 Dorset Court,Naples,FL 34112 APPRAISER: SUPERVISORY or CO-APPRAISER (if applicable): Signature: Signature: Name: Harry Henderson,SRA Name: Title: SRA Tale: State Certification#: State Certification#: or State License#: RD3475 or State License#: State: FL Expiration Date of Certification or License: 11/30/2014 State: Expiration Date of Certification or License: Date Signed: 02/19/2013 Date Signed: ❑ Did ❑ Did Not Inspect Property Page 2 of 2 Form ACR2—"WinT0l Packet Page-443- inc.—1-800-ALAMODE