Agenda 06/25/2013 Item #16A 1/'�
6/25/2013 16.A.1.
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement and Temporary Easement Agreement in
order to acquire both a drainage easement (Parcel No. 273DE) and a temporary construction
easement (Parcel No. 273T CE) which are needed for construction of the Haldeman Creek and
Crown Pointe weirs as part of the Lely Area Stormwater Improvement Project No. 51101
(19B). Estimated fiscal impact: $2,500 plus recording costs of less than $100.
OBJECTIVE: To obtain approval of an Easement Agreement and a Temporary Easement
Agreement from the Board of County Commissioners (Board) for purchase of two easement parcels
that are necessary for the construction of the LASIP 19 -B Haldeman Creek and Crown Pointe weirs.
CONSIDERATIONS: The parent tract is owned by Mr. and Mrs. Alfred Gallo and is legally
described as Lot 15, South Shore Villas at Crown Pointe. The two easement parcels were appraised
by Harry Henderson, SRA, the Growth Management Division's Review Appraiser. His land
appraisal summary report is attached and a location map is included as part of his report. Parcel
273DE is a perpetual, non - exclusive drainage easement consisting of 206 square feet and was
appraised at $1,700. Parcel 273TCE, a two -year temporary construction easement containing 276
square feet, was appraised at $480 utilizing a 10% land capitalization rate. County staff negotiated
with the owners and arrived at a total purchase price of $2,500 (for both easements) which is
approximately 15% higher than the original offer of $2,180.
FISCAL UYIPACT: Funds in the amount of $2,500 plus recording costs totaling less than $100
will be paid from Stormwater Capital Improvement Fund 325. Source of funds is a Transfer from
the General Fund (001).
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a
majority vote for approval. ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Easement
Agreement and the Temporary Easement Agreement and authorize its Chairwoman to execute the
agreements on behalf of the Board. Also, that the Board authorize the County Manager, or his
designee, to record the conveyances in the Collier County public records; authorize the payment of
all 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 to approve any and all budget amendments necessary in connection
herewith.
Prepared By: Rebecca Harding, Property Acquisition Specialist, Growth Management Division,
Transportation Engineering Right -of -Way Acquisition
Attachments: 1) Easement Agreement; 2) Temporary Easement Agreement; 3) Appraisal Report
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6/25/2013 16.A.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to approve an Easement Agreement and Temporary
Easement Agreement in order to acquire both a drainage easement (Parcel No. 273DE) and a
temporary construction easement (Parcel No. 273TCE) which are needed for construction of
the Haldeman Creek and Crown Pointe weirs as part of the Lely Area Stormwater Improvement
Project No. 51101 (19B). Estimated fiscal impact: $2,500 plus recording costs of less than $100.
Meeting Date: 6/25/2013
Prepared By
Name: HardingRebecca
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
5/9/2013 11:40:21 AM
Submitted by
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
Name: HardingRebecca
5/9/2013 11:40:23 AM
Approved By
Name: BishopMargaret
Title: Project Manager, Senior,Transportation Engineering
Date: 5/31/2013 9:17:10 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 5/31/2013 12:30:51 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/5/2013 1:13:05 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
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6/25/2013 16.A.1.
Date: 6/5/2013 1:25:36 PM
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 6/5/2013 3:14:05 PM
Name: ShueGene
Date: 6/5/2013 3:32:36 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/6/2013 11:31:39 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/11/2013 3:15:15 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/12/2013 2:03:01 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/17/2013 10:12:57 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/17/2013 11:30:02 AM
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6/25/2013 16.A.1.
PROJECT: Haldeman Creek & Crown Pointe Weirs — LASIP 51101_ (1913)
PARCEL NO: 273DE
FOLIO NO: 74380000387
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 20 , by and between
ALFRED GALLO and ELIZABETH GALLO, husband and wife, whose mailing address is
230 Fawn Lake Drive, Hawley, PA 18428 (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 ").
WHEREAS, County requires a perpetual, non- exclusive drainage 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:
$1,950.00
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 fines 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.
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) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
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6/25/2013 16.A.1.
Page 2
(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.
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.
(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,
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6/25/2013 16.A.1.
Page 3
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.
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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6/25/2013 16.A.1.
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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.
AS TO COUNTY:
F_ e
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk GEORGIA A. HILLER, Esq.
Chairwoman
Packet Page -353- e�
AS TO OWNER:
DATED: Of-Z,3-26
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Name (Print or Type)
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Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 0420/2012
6/25/2013 16.A.1.
Page 5
J.AMOM, �i.UCK I``j COMM UM
Packet Page -354-
SECTION 7. TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
0 10 20 40
GRAPHIC SCALE
SCALE: 1" - 20
EXHIBIT
Page__L...of Z.
"D.E." PER PLAT
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TRACT 'A'
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6/25/2013 16.A.1.
TRACT 'A' = NCfli LIN` V t.vt 15
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LINE
BEARING
DISTANCE
/
N 09'59'32" E
DRAINAGE EA7EMEN
L2
N 89-59-11 " E
206 SO/
/ LOT 14
S 19'59'32" W
49.92'
LOT 15
SOUTH SHORE V ILLAS AT CROWN POINTE
DE ALENASTIONAPLAT
BOOK 24, PAGE 65
ORTGAGE ASSOO
7438000038
POINT OF BEGINNINDRAINAGE
EASEMENLEGEND
ORB - OFFICIAL RECORDS BOOK
I z`
PG = PAGE
TRACT "D -1' I o
SO.FT. = SQUARE FEET
D.E. = DRAINAGE EASEMENT t
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S = SECTION
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T = TOWNSHIP
R = RANGE
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47.63'
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49.92'
POINT OF COMMENCEMENT J
SOUTH 1/4 CORNER OF
S7-T50 -R26
S7, T50S, R26E
�--N 89'59'32 E 328.51' —St8 T50S, R26E
SOUTH Ls_ tt,.. /4 Nd i
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SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION
_ NOT A BOUNDARY SURVEY
r.�..vwavnmwc
ORIGIM.IL: ,AW. 02 ao14 20l"D, —„ t00D,6223
AT ' aaTweovstour LELY AREA STORM WATER .�ISnI2s- DeCK Pµ'
BLVD I Y40.GX ].2012 P.M
suscouT, IMPROVEMENT PROJECT {LASIP 196} oeueo
r•2.TPA F� 22607 DRAINAGE EASEMENT SKETCH 2� a P°'
ATKINB NORMANERICA. WC. 1 m212924276 AND DESCRIPTION T SHEET: 1 OF 2
FLORIDA CER]iFICATF OF AUT>IURIZATIDN NUMBER LBZ4
Packet Page - 355 -
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6/25/2013 16.A.1.
SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION EXHIBIT ,E
DRAINAGE EASEMENT PARCEL 2730E Page Z pf Z
A PORTION OF LOT 15 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32 "E
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, 328.51 FEET TO A POINT BEING THE
INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE EAST LINE OF TRACT "D -1" OF THE AFOREMENTIONED
SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE N09'59'32 "E, ALONG
SAID EAST LINE, 150.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N09'59'32 "E, ALONG SAID EAST LINE,
47.63 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE N89'59'11 "E. ALONG SAID NORTH LINE, 8.80
FEET; THENCE S19'59'32'W, 49.92 FEET TO THE POINT OF BEGINNING.
SUBJECT LANDS CONTAINING 206 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 SOUTHEAST QUARTER OF SECTION 7,
SAID LINE BEARS N89'59'32 "E.
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.
@2011 ATKINS NORTH AMERICA, INC.
LICENSED USINESS 24
ALl,AIGH D
Peter J. Mattson
Professional Surveyor k Mapper Registration No. 6290
Stale of Florida
SEE SHEET 1 FOR SKETCH
AT' aroweorscour LELY AREA STORM WATER
srnre moo IMPROVEMENT PROJECT (LASIP 19B)
rANFA,rt axor DRAINAGE EASEMENT SKETCH
AnbNS AKWW AWRICA. MC. (efr 28x AND DESCRIPTION
FLORIDA CERrIFICATE OF AUTNORIIArION NUMBER L824
Packet Page -356-
NOT A BOUNDARY SURVEY
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SHEET: 2 OF 2
6/25/2013 16.A.1.
PROJECT: Haldeman Creek & Crown Pointe Weirs — LASIP 51101 (196)
PARCEL NO: 273TCE
FOLIO NO: 74380000387
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into on this day of
20 , by and between ALFRED GALLO and ELIZABETH GALLO, husband and
wife, whose mailing address is 230 Fawn Lake Drive, Hawley, PA 18428, (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WHEREAS, County requires a Temporary 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 "), for the purpose of
constructing drainage facilities within the lands immediately adjacent thereto; 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:
$550.00
subject to the apportionment and distribution of proceeds pursuant to paragraph
8 of this Agreement (said transaction hereinafter referred to as the "Closing ").
Said payment to Owner, payable by County Warrant, shall be full compensation
for the Easement conveyed, including all attorney's fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes. County shall use its best
endeavors to restore all landscaping, trees, shrubs, improvements, and fixtures
located within the Easement area to their pre- construction condition after
completion of construction.
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 "):
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Page 2
(a) Temporary Construction 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 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.
6. 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
Packet Page -358- AQ,
6/25/2013 16.A.1.
Page 3
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.
7. 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.
8. 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 mortgagees 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." In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by County, Owner shall further
pay all documentary stamp taxes required on the instrument(s) of transfer,
unless the Easement is acquired under threat of condemnation.
Owner agrees to grant the TCE for the purpose of constructing drainage facilities
adjacent to this area. The term of the TCE shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the
construction of the Haldeman Creek and Crown Pointe Weirs portion of the Lely
Area Stormwater Improvement Project No. 51101, and shall automatically
terminate two years therefrom.
Packet Page -359- 9
6/25/2013 16.A.1.
Page 4
10. 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.
11. 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, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to
the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
12. Conveyance of the Easement by Owner, or any interest in the property
underlying the Easement, 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.
13. 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.
14. 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
Packet Page -360-
AS TO OWNER:
DATED: 65-2---5 -z213
itne ignature) AL , D GALLO
Name (Print or Type)
Witness (Signature)
QtAsaJ24A l bytX s
Name (Print or Type)
ttn (Signature) ELIZAB 'H GALLO
C.
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 05/10/2013
Packet Page -361-
6/25/2013 16.A.1.
Page 5
ll*�
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6/25/2013 16.A.1.
on
Page —L—of—l-
TRACT "K*'
TRACT "A"
Y 30`
D
LEG
D E. P.B.
r.B.�tN4' PG. 66
PLAT BOOK __j 2
Pc. - PACE
P.0,B - POINT OF SEGINNINC
P.O.C. - POINT OF COMIAENC--IJEW
D.E. : DRAINAGE EASEMENT TRACT "A"
tCE TEMPORARV CONSTRUCTION
EASEMENT
P.O.B. N89'59'1 1 *E
9 '59'11 -E
'59'11 'E_.!49.42* ------
12 SI9'59'32*W
P.O.C. 17.68'
4
9
,42*
'3
6'
N.E. CORNER)
OF LOT 14 273TCE
276 SF
�x
NIT59'32E N7aoo,28,w
41.35' '50
3.80*
S 9
25.86*
---40' DZ R.B.
D' 3 - W
24 Pr., 66 N74D'09'37W
13 5-Do'
14 15
TEMPORARY CONSTRUCTION EASEMENT
DURATION TWO YEARS
LEGAL DESCRIPTION - PARCEL 273TCE
A PARCEL OF LAND LYING ON LOT 15, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24,
PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTS, AS RECORDED IN PLAT
BOOK 24, PAGES 55 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA,,
THENCE ALONG THE SOUTHERLY BOUNDARY OF A DRAINAGE EASEMENT AND A PORTION OF TRACT *A', OF SAID SOUTH
SHORE '.',LEAS AT CROWN POINTE. N85-59'I I'E FOR 49.42 FEET, To THE POINT OF BEGINNING Or THE PARCEL
DESCRIBED HEREIN.
THENCE CONTINUE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "A", SOUTH SHORE VILLAS AT CROWN POINTE. AS
RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
N89"59'11"E FOR 9.36 FEET;
THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID TRACT "A" 519'59'32"W FOR 17.68 FEET;
THENCE N7900'28'W FOR 3,80 FEET.
THENCE S19'59'32W FOR 26.86 FEET,
THENCE N7909'37"W FOR 5.00 FEET:
THENCE NI9'59'32'E FOR 41.35 FEET, -0 THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAINING 276 SOLIARE FEET MORE OP LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1---•M ROW
SM 1 2M
MICHAEL k WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE -S-1 D
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS M NOT A SURVEY,
PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LASIP 1911)
SKETCH AND LEGAL DESCRIPTION
PARCEL 273TCE: TEMPORARY CONSTRUCTION 9ASFMFNT
PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS
1200 0 7 SOS 26EI1"-
N I* WW— 01.0. IJ ro 8 .2W
P5 MI,057S VAX ;2:4)407d"?.
tit Nn e"z
R. L.L. -14AME
I A I, 1 273TCE
Packet Page -362- - -
1 G-
Goodkind & Swift, Inc. 6/25/2013 16.A.1.
LAND APPRAISAL SUMMARY REPORT FIIeNo.: 273DE/TC'E yV V
r-
LAND CopyrghtO 2007 by a to mode, inc. This form may be reproduced unmodified without wmten permission, nowever, a w mode, mc. must oe acKnowiedged and credhed.
Form GPLND — "WinTOTr Packet Page -363- nc. —1- 800 - ALAMODE 3/2007
Property Address: 3090 Crown Pointe Blvd W. City: Naples State: FL Zip Code: 34112
County: Collier Legal Description: South Shore Lake Villas at Crown Pointe Lot 15 Parent Tract). This appraisal.
is an estimate of the just compensation due to the property owner for Collier County's acquisition of a drainage easement over a rear portion of
the parent tract.
Assessor's Parcel #: 74380000387 Tax Year: 2012 R.E. Taxes: $ 1,946 Special Assessments: $ Unknown
Market Area Name: Crown Pointe Map Reference: S7- T50 -R26 Census Tract: 105.09
W .
Current Owner of Record: FNMA Borrower A applicable): N/A
vii,
Project T if applicable): ® PUD ❑ De Minimis PUD ❑ Other describe HOA: $ 2,500 ® per year ❑ per month
Are there any existing improvements to the property? ❑ No ® Yes If Yes, indicate current occupancy: ❑ Owner ❑Tenant ®Vacant E] Not habitable
If Yes, give a brief description: The subject property is improved with an attached villa home. The dwelling and bulk of the site improvements are
not impacted by the proposed drainage easement parcel
The purpose of this a praisal is to develop an opinion of: L Market Value as defined), or Z other type of value describe Just Compensation for DE/TCE
This report reflects the following value if not Current, see comments): X Current the Inspection Date is the Effective Date Retros ective Prospective
Z
f
35
Q
Property Rights raised: Z Fee Simple Ej Leasehold Leased Fee L Other describe
Intended Use: A portion of the subject tract is required for drainage facilities associated with LASIP improvements in the area. The intended use of
the appraisal is to estimate just compensation for the acquisition of the needed permanent and temporary easement parcels by the County.
Intended User(s) (by name or type): Collier County Government Growth Management Division
Clierd: Collier County GMD Address: 2885 South Horseshoe Drive Naples, FL 34104
Appraiser: Harry Henderson SRA Address: 2885 South Horseshoe Drive Naples, FL 34104
Characteristics
Location: ❑ Urban ® Suburban ❑ Rural
Built up: ® Over 75% ❑ 25-75% ❑ Under 25%
Growth rate: ❑ Rapid ® Stable ❑ Slow
Property values: ❑ Increasing ® Stable ❑ Declining
Demand /supply: ❑ Shortage ® In Balance ❑ Over Supply
Marketing time: ❑ Under 3 Mos. ® 3 -6 Mos. ED Over 6 Mos.
Predominant
Occupancy
® Owner
❑ Tenant
® Vacant (0.5 %)
❑ Vacant ( >5 %)
One -Unit Housing
PRICE AGE
$(000) (yrs)
150 Low 5
Present Land Use
One -Unit 65%
Change in Land Use
® Not Likely
❑ Likely * ❑ In Process
* To:
2 -4 Unit o%
Mufti -Unit 25%
300 High 35
Comm'I 0%
200 Pied 15
Vac 0%
Util. -Cm 10%.
Z
o
j
u.
�.
fair
Factors Affecting Marketability
LIM Good Average Fair Poor N/A item Good Average Fair Poor N/A
Employment Stability ❑ ® ❑ ❑ ❑ Adequacy of Utilities ❑ ® ❑ ❑ ❑
Convenience to Employment ❑ ® ❑ ❑ ❑ Property Compatibility ❑ ® ❑ ❑ ❑
Convenience to Shopping ❑ ® ❑ ❑ ❑ Protection from Detrimental Conditions ❑ ® ❑ ❑ ❑
Convenience to Schools ❑ ® ❑ ❑ ❑ Police and Fire Protection ❑ ® ❑ ❑ ❑
Adequacy of Public Transportation ❑ ® ❑ ❑ ❑ General Appearance of Properties ❑ ® ❑ ❑ ❑
Recreational Facilities ❑ ® ❑ ❑ ❑ Appeal to Market ❑ ® ❑ ❑ ❑
Market Area Comments: The subject is located in the Crown Pointe community in the East Naples area(unincorporated Collier County) just east
Uj
of an FPL transmission corridor and public greenway. This is an established community composed of a compatible mix of single- family homes,
4
condos and villa units Essential services are within easy access. Maintenance levels in the area are good.
The proposed DE acquisition parcel is triangular in shape and will be located at the northwest corner of the parent tract (rear of
property /fronting lake) and adjacent to an existing drainage structure The easement parcel has a total area of 206sf The encumbrance
associated with this parcel is estimated at 95% of the fee interest. The Temporary Construction Easement Parcel (TCE) is "L" shaped and
covers an area of 276sf. It is needed for the movement of men and equipment during construction and will have a two year term.
Dimensions: 53 x irregular Site Area: 5,787
Zoning Classification: PUD Description: Planned Development
Do present improvements comply with existing zoning requirements? ® Yes ❑ No ❑ No Improvements
Uses allowed under current zoning: Attached villa home.
Are CC &Rs applicable? ❑ Yes ❑ No ❑ Unknown Have the documents been reviewed? ❑ Yes ❑ No Ground Rent (g applicable) $ N /A/
Comments: N/A
Highest & Best Use as improved: ® Present use, or ❑ Other use (explain)
z0
Actual Use as of Effective Date: Attached villa home Use as appraised in this report: Vacant land available for residential dev.
Summary of Highest & Best Use: The subject site's highest and best use is found in its current use as improved, with an attached villa homes and
associated site improvements.
a
H
cWa
ur
H
�:.
Utilities Public Other Provider/Description
Electricity ® ❑
Gas ❑ ❑
Water ® ❑
Sanitary Sewer ® ❑
Storm Sewer ® ❑
Telephone ® ❑
Multimedia ® ❑
Off-site Improvements Type Public Private
Street Macadam ® ❑
Width N/A
Surface Paved
Curb /Gutter Concrete ® ❑
Sidewalk N/A ❑ ❑
Street Lights Electric ® ❑
N ❑ ❑
N /A
Frontage Adequate
Topography Level
Size Compatible with area
Shape Irregular
Drainage Appears to be adequate
View Lake
Other site elements: ® Inside Lot ❑ Comer Lot
Cul de Sac Underground Utilities ❑ Other describe
.`'
FEMA S ec'I 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 villa -sized lot having good lake exposure. Landscape improvements in the area of the
proposed easement are limited to planted sod
LAND CopyrghtO 2007 by a to mode, inc. This form may be reproduced unmodified without wmten permission, nowever, a w mode, mc. must oe acKnowiedged and credhed.
Form GPLND — "WinTOTr Packet Page -363- nc. —1- 800 - ALAMODE 3/2007
6/25/2013 16.A.1.
LAND APPRAISAL SUMMARY REPORT yw"
File No.: 273DE(TCE
Copyright® 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.
®L+��j, N D Form GPLND — "WinTOTr Packet Page -364- inc. —1- 800- ALAMODE 3/2007
My research did 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 5 : No applicable prior sales
D:
1st Prior Subject Sale/Transfer
Analysis of sate/transfer history and /or any current agreement of sale /listing: Prior sale reflects a foreclosure
conveyance.
Date: 10/26/2010
x,
Price: $100
w:
Source(s): Pub.Rec.
ub
r
2nd Prior Subject Sale/Transter
1!
k
Date: N/A
Price:
Source(s):
FEATURE SUBJECT PROPERTY
COMPARABLE NO. 1
COMPARABLE NO. 2
COMPARABLE NO.3
Address 3090 Crown Pointe Blvd W.
Naples, FL 34112
3048 Crown Pointe Blvd W.
Naples, FL 34112
3054 Crown Pointe Blvd W.
Naples, FL 34112
3166 Crown Pointe Blvd W.
Naples, FL 34112
Proximity to Subject
0.05 miles NW
0.04 miles NW
0.09 miles E
Sale Pdce
$
$ '45 500
$ '45 000
c'
$ '54,500
Price/
$
$ 8.781
$ 8.691
$ 7.76
%.
Data Source(s)
Verification Source(s)
Inspection
MLS
Public Records
MLS
Public Records
MLS #211016580
Public Records /A ent
VALUE ADJUSTMENT
DESCRIPTION
DESCRIPTION
+( -) % Adjust
DESCRIPTION
+( -) % Adjust
DESCRIPTION
+( -) % Adjust
Sales or financing
Concessions
N/A
Cash
None
Cash
None
Cash
None
Date of Sale/Time
Current
09/11
03/11
05/12
Rights Appraised
Fee Simple
Fee Simple
Fee Simple
Fee Simple
a'
Location
Crown Pointe
Crown Pointe
Crown Pointe
Lely Resort
a"
Site Area
5,787
5,180
5,180
7,024
0
Topography
Level
Level
Level
Level
View
Lake
Lake
Lake
Lake
a
ar
g
G
Q
w
Net Adjustment (Total, in $
El + -
+ E1_1$
+ -
rn
Net Adjustment (Total, in % of $ /)
Adjusted Sale Price in $ /
Net : %
Gross" %
$ 8.78
Net %
Gross' %
$ 8.69
Net.
Gross %
$ 7.76
<:
Summary of Sales Comparison Approach See attached addenda.
*Reflects adjusted pricing (estimated contributory value of improvements extracted), see comments in addendum.
PROJECT INFORMATION FOR PUDs if applicable) The Subject is part of a Planned Unit Development.
G
Legal Name of Project: South Shore Villas at Crown Pointe
a
Describe common elements and recreational facilities: Not material to assignment
Indicated Value by: Sales Comparison Approach $ 2,180 273DE) rCE
Final Reconciliation All weight given to the Sales Comparison Approach to value. The above value conclusion represents the total appraised just
p
con ensation relating taking parcels 273DE/TCE
g.
J'
This appraisal is made ® "as is ", or ❑ subject to flue following conditions: See comments in addendum.
G
Z'
0
❑ This report is also subject to other Hypothetical Conditions and /or Extraordinary Assumptions as specified in the attached addenda.
tu
Based upon an inspection of the subject property, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraisers Certifications,
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:
$ 2,180 as of: November 14, 2012 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.
¢'
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
properly understood without reference to the information contained in the complete report, which contains the following attached exhibits: ❑ Scope of Work
® Limiting condJCertificatons ® Narrative Addendum ® Location Map(s) ❑ Flood Addendum ❑ Additional Sales
❑ Photo Addenda ❑ Parcel Map Hypothetical Conditions ❑ Extraordinary Assumptions ❑
Client Contact: Client Name: Collier County GMD
E -Mail Address: 2885 South Horseshoe Drive Naples, FL 34104
APPRAISER
W. A krais�� arry riders , SRA
C Collier Cou Growth Management Division/LASIP
SUPERVISORY APPRAISER (if required)
or CO- APPRAISER (if applicable)
Supervisory or
o- Appraiser Name:
Company:
Z;
S2
Phone: 239.252 -5847 Fax
E -Mail: harryhenderson @coliiergov.net
Phone: Fax:
E -Mail:
Date of Report (Signature): 11/14/2012
License or Certification #: RD3475 State: FL
Designation: SRA
Date of Report (Signature):
License or Certification #: State:
Designation:
Expiration Date of License or Certification: 11/30/2014
Inspection of Subject: ® Did Inspect ❑ Did Not Inspect (Desktop)
Date of Inspection: November 14, 2012
Expiration Date of License or Certification:
Inspection of Subject: ❑ Did Inspect ❑ Did Not Inspect
1 Date of Inspection:
Copyright® 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.
®L+��j, N D Form GPLND — "WinTOTr Packet Page -364- inc. —1- 800- ALAMODE 3/2007
6/25/2013 16.A.1.
Supplemental Addendum file NO.273DE/TCE
Borrower /Client N/A
Property Address 3090 Crown Pointe Blvd W.
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. Note
that the lack of villa -type lot sales in the area necessitated the use of improved villa lot sales on the subject street. Using a land
allocation technique, the estimated contributory value of the improvements is extracted from sale price leaving the residual land
value. This figure is used in the sales grid for comparison with the subject lands. All comps have lake views similar to the
subject. The cited sales show an indicated unit/price range of $7.761sf to $8.78 /sf. All factors considered, an upper -range unit
price of $8.70 /sf is judged to be most reasonable for the subject lands. The parent tract is therefore valued as follows:
5,787 sf x $8.70 /sf = $50,400 (rounded).
Parcel 273DE Analysis
The proposed 206 sf drainage easement (Parcel 273DE) will be used for the improvement of an existing weir structure and
re- contour of the embankment along the existing water in -take area near the rear of the subject property. These improvements
will require the permanent use, by easement, of a triangular area along the rear NW corner of the parent tract covering an area
of 206 sf. 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:
206 sf x $8.70 /sf x 95% encumbrance = $1,700 (rounded)
Landscape improvements located within the proposed easement area are limited to planted sod and rip rap materials. These
items will be replaced in -kind as part of the construction and are therefore not compensable.
In the post -take condition this property will have the same functionality /utility as in the pre -take condition; no cure needed and
no residual damages.
Parcel 273TCE Analysis
Parcel 273TCE is a temporary construction easement having a two year term which is needed for the movement of men and
equipment during the course of construction of the LASIP improvements at the Parent Tract. The proposed TCE has a land area
of 276 sf and is valued based upon a simple capitalized rent formula using the appraised unit/price of $8.70 /sf for these lands:
276 sf x $8.70 /sf x .10 (land capitalization rate) x 2yr term = $480 (rounded).
Any site improvements (sod) within the TCE which are disturbed will be replaced as part of the construction.
Appraised Compensation:
Parcel 273DE: $1,700
Parcel 273TCE: $480
Total Appraised Compensation: $2,180
FormTADD — "WinTOTIPaCket Page - 365- nc. -1- 800 - ALAMODE
/0-*,N
6/25/2013 16.A.1.
Location Map
Borrower /Client N/A
Property Address 3090 Crown Pointe Blvd W.
city Naples County Collier State FL Zip Code 34112
Lender
F
FPY
J
Compa
3048 Crown
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FormMAP.LOC — "WinTOPacket Page - 366 - z inc. —1- 800 - ALAMODE
6/25/2013 16.A.1.
File No. 273DE L 1 1O1V1 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 titre 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.
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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.
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'*—` 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 conclusion.
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, 1 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. 1 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: 3090 Crown Pointe Blvd w. Naples FL 34112
APPRAi SUPERVISORY or CO- APPRAISER (if applicable):
Signature: Signature:
Name: a o S
Tale: Weview Appraisler Title:
�\ State Certification #: RD3475 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: 11/1412012 Date Signed:
❑ Did ❑ Did Not Inspect Property
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Form ACR2- "winTO1Packet Page -368- mnc.- 1- 800•ALAMODE