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Agenda 07/09/2013 Item #16C7 7/9/2013 16.C.7. EXECUTIVE SUMMARY Recommendation to approve the Utility and Access Easement Agreements with Collier Land Development, Inc., and Minto Sabal Bay, LLC, for the acquisition of the Utility Easements to accommodate the construction of a wastewater force main for a total cost not to exceed $18,300, Project Number 70044. OBJECTIVE: That the Board of County Commissioners (Board), as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District (CCWSD), accept a Utility and Access Easement from Collier Land Development, Inc., and Minto Sabal Bay, LLC, which are necessary for a planned wastewater force main. CONSIDERATIONS: On June 24, 2008, as Agenda Item IOG, the Board adopted the 2008 Wastewater Master Plan Update that identified the requirement for Force Main Technical Support. The proposed scope of work for Project 70044, "Force Main Technical Support - ARVs," is consistent with the 2010 Wastewater CIP Update (dated October 5, 2010), page 2 of 4, line 52, as identified in the 2011 User Fee Rate Study. A force main must be constructed to meet anticipated system demands and to provide transmission system integrity through the Sabal Bay subdivision in the vicinity of U.S. 41 and Thomasson Drive. The two property owners of the land under which the force main is planned to be constructed are willing to convey easements at the appraised value. The CCWSD planned force main construction will include the developer's minor site-required utility extensions over and under the proposed force main, as it is in the best interests of the CCWSD to assure and maintain clearances of the force main with the developer's site utility infrastructure. Collier Land Development, Inc. has agreed to reduce the easement payment to $17,000 in exchange for the water main extension fronting US 41. CCWSD will perform this work to minimize the conflict with the proposed force main. An independent third party engineer has estimated the value of this work to be $17,000 which is equal to the reduction of the easement cost. Real Property Management's in-house Real Estate Appraiser had determined the fair market value of the easements to be $34,000 for the easement on property owned by Collier Land Development, Inc., and $1,000 for the easement on property owned by Minto Sabal Bay, LLC. FISCAL IMPACT: Funding is available in and is consistent with the FY13 Capital Budget approved by the Board on September 20, 2012. The source of funding is the Wastewater User Fee Fund (414). Funds are available in Project 70044, Wastewater Force Main Technical Support. The total outlay should not exceed $18,300.00 for the purchase, recordation, and title insurance. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for approval. -ERP Packet Page-817- 7/912013 16.C.7. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, 1. Approve the attached Utility and Access Easement Agreements and accept the Utility and Access Easements; 2. Authorize the Chairwoman to execute the Utility and Access Agreements; 3. Authorize staff to prepare related vouchers and Warrants for payment; and, 4. Direct the County Manager or his designee to follow appropriate closing procedures and record the Utility and Access Easements in the official records of Collier County, Florida. Prepared By: Marlene J. McLaughlin, Senior Property Acquisition Specialist, Real Property Management,Department of Facilities Management Attachments: 1. Utility and Access Easement Agreements 2. Appraisals 3. Location Map Packet Page-818- 7/9/2013 16.C.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.7. Item Summary: Recommendation to approve the Utility and Access Easement Agreements with Collier Land Development, Inc., and Minto Sabal Bay, LLC, for the acquisition of the Utility Easements to accommodate the construction of a wastewater force main for a total cost not to exceed $18,300, Project Number 70044. Meeting Date: 7/9/2013 Prepared By Name: Paj erCraig Title: Project Manager, Senior,Public Utilities Engineeri 6/15/2013 9:02:37 PM Submitted by Title: Project Manager, Senior,Public Utilities Engineeri Name: PajerCraig 6/15/2013 9:02:39 PM Approved By Name: ChmelikTom Title:Director, Public Utilities Engineering Date: 6/17/2013 8:28:45 AM Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 6/17/2013 9:06:54 AM Name: Joseph Bellone Title:Manager-Utility Billing& Cust Serv.,Utilities F Date: 6/18/2013 11:18:53 AM Name: JohnssenBeth Date: 6/19/2013 9:19:18 AM Packet Page-819- 7/9/2013 16.C.7. Name: JacobsSusan Title: Operations Analyst,Public Utilities Date: 6/24/2013 2:41:45 PM Name: Mott Toni Title: Manager-Property Acquisition&Const M,Facilitie Date: 6/25/2013 11:03:43 AM Name: McLaughlinMarlene Title: Property Acquisition Specialist,Facilities Managem Date: 6/25/2013 2:23:50 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 6/25/2013 4:18:12 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 6/26/2013 4:41:59 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/27/2013 2:46:45 PM Name: KlatzkowJeff Title: County Attorney Date: 6/28/2013 8:30:03 AM Name: OchsLeo Title: County Manager Date: 6/30/2013 4:16:58 PM Packet Page-820- 1 j 7/9/2013 16.C.7. "I y �. , =,T H c'w o;. . .�.+.4 . :. C, *'- fir, i�+ ,« "�c, '1:11 Cs t -aA��111V11C1 -wd.,vF �(„ .� .!. �� �. c� � �'= �' 'k 4,7„, tdt2 x .l+t.1M (;, A' - y+.eis rW 'US m. 1 a I 5'. ,r, ,p l _ i, ... -. L 1t ,. 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LAND APPRAISAL REPORT Case No SAE J.Borrower_ Census Tract _Map Reference 5819 Property Address NO SITE ADDRESS 0 City NAPLES County COLLIER State FL _Zip Code 34112 6'Legal Description WESTERLY MOST CORNER OF TRACT H SABAL BAY COMMERCIAL PLAT BOOK 38 PG 81 THROUGH 84 , Sale Price$ NA Date of Sale Loan Term NA yrs Property Rights Appraised 1 l Fee I'Leasehold I De Minimis PUD Actual Real Estate Taxes S 61,313 EST (yr'; Loan Charges to be paid by seller S Other Sales Concessions NA ,.Lender/Client COLLIER COUNTY GOV'T Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 -`'.Occupant VACANT Appraiser ROOSEVELT LEONARD instructions to Appraiser ESMT VALUE ! Location X1 Urban L.,1 Suburban I Rural ( Good Avg.Fair Poor Built Up X Over 75% 1_..__!25%to 75% '— Under 25% Employment Stability 1 X! '11 Growth Rate Ti Fully Des —1 Rapid I X I Steady ��Slow Convenience to Employment Ii t Property Values 'increasing X Stable ' _ Declining Convenience to Shopping Demand/Supply Shortage LI In Balance �X I Oversupply Convenience to Schools Marketing Time )Under 3 Mos. 13-6 Mos. X Over 6 Mos Adequacy of Public Transportation X 1!_ tt 0 Present Land Use 65 %1 Family 10.%2-4 Family _%Ants— %Condo 3 %Commercial) Recreational Facilities L�n -x _%Industrial 2 %Vacant % Adequacy of Utilities I 71 Iy 1 I Change In Present Land Use [i Not Likely 'Likely(*) T Taking Place(") �Property of Compatibility I X i I O:y ttt��� In {)From To Protection from Detrimental Conditions X i Predominate Occupancy II X j Owner Li Tenant %Vacant Police and Fire Protection Single Family Age g 5 yrs to 25 yrs, Predominant Age 10 yrs Appeal to Market l X i,I I I j Single Family Price Range 5 60.000 to$ 125.000 Predominant Value$ 85.000 General Appearance of Properties i -1 X 'Comments including those factors,tavorable or unfavorable,affecting marketability(e.g.public parks,schools:view,noise): THE SUBJECT PROPERTY IS LOCATED E '=OF THOMASSON DR AND S OF US 41 E LOCATED IN AN AREA CALLED EAST NAPLES. NEWER RETAIL DEVELOPMENT WITHIN 3 MILES CALLED FIFTH AVE TO THE WEST AND NEW DEVELOPMENT NEAR CR 951 TO THE EAST, Dimensions 0.62 ACRES+1-IS THE EASEMENT AREA = 0.62 ACRES EASEMENT AREA II,Corner Lot Zoning Classification MPUD ZONING Present Improvements I X ldo 1 )do not conform to zoning regulations Highest and best use—I X(Present use! 'Other(specify)— Public Other(Describe) OFF SITE IMPROVEMENTS Topo LEVEL Elec. Street Access ",--1 Public %J Private Size ACREAGE Gas 1_1 _ Surface TREED LAND i Shape IRREGULAR SHAPE 1 Main I=-=1 Street u era View COMMERCIAL Water Maintenance Public Pnvale '�'San.Sewer r9 y I Sidewalk Is NO SITE DEV _ i Storm Sewer Curb/Gutter I Ora Underground Elect&Tel.! g a property located in a HUD identified Special Flood Hazard Area?! INol X!Yes Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions): FLOOD ZONE AE PANEL a 11/17/2005.THERE ARE NO KNOWN ADVERSE EASEMENTS OR ENCROACHMENTS. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description induces : a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant item in the comparable property is superior to or more favorable than the subject property,a minus(-)adjustment is made thus reducing the indicated value of subject;if a significant item in the comparable is inferior to or Jess favorable than the subject property.a plus(+)adjustment is made thus increasing the indicated value of the subject. I SUBJECT PROPERTY I COMPARABLE NO,1 COMPARABLE NO.2 COMPARABLE NO.3 Address NO SITE ADDRESS 4370 THOMASSON DR 6859 COLLIER BLVD THOMASSON LN&E TRAIL NAPLES.FL 34112 NAPLES ( NAPLES NAPLES yy Proximity to Subiect i.! ADJACENT PARCEL 10 MILES NE ADJACENT PARCEL— a"), Sales Price I5 NA i5 3,832.191 -,,!;$ 1,557.270 -?1$ 625,000 Pnce; i$ Ib , .iS 326,700 ac ''i$ 283.100 ac IS 330,700 ac j.3 Data Source PUBLIC RECORDS PUBLIC RECORDS -) PUBLIC RECORDS PUBLIC RECORDS Date of Sale and DESCRIPTION DESCRIPTION_ ,I pd'u e„1 L DESCRIPTION I AdJs4;nent DESCRIPTION ) �6g Adw€hnent +-,Time Adjustment ] Property Appraiser i 4/12/2012 I 8/15/2012 it Site/View 1 0.62 ACT EASEMENT 11.73 ACRES 5.5 ACRES 1.59 I CRE I __I.... !SY>. re ZONING I ACREAGE i SIMILAR ( SIMILAR SIMILAR ,4 ACCESS ACCESS I ACCESS i ACCESS ACCESS yCORNER I INTER ACREAGE ACREAGE ! ACREAGE ACREAGE adjusted per acre:OVERALL PER ACRE $326,700 acre I $283.100 acre I $330,700 acre Sales or Financing j Concessions NetAdj.{Total) .- `X IPius IMinusI 5 0 I X IPlusl IMinusl $ 0 X jPlusj I Minus1 5 0 Indicated Value : INet=0% Net=O% Net=0% of Subject Gross=0°k I $ 3,832.191 iGross=0% $ 1,557,270IGross=0% j 5 625,000 Comments on Market Data IN THIS E NAPLES MARKET AREA,THE SALES DATA INDICATES THAT THE VACANT LAND SALES RANGE IN VALUE OF $283,100 TO$330,700 FOR ACREAGE LAND WITH ENTITLEMENTS. Comments and Conditions of Appraisal: MOST WEIGHT IS PLACED ON COMPARABLE NUMBER ONE BEING$326,700 PER ACRE.THE BASES FOR THE EASEMENT VALUATION IS TO TAKE THE ESTIMATED PARENT TRACK PER ACRE VALUE AND THEN OBTAIN A PERCENTAGE OF THE PARENT 2'TRACK VALUATION THEREFORE.IN THIS VALUATION THE PERCENTAGE WILL BE 40%. Final Reconciliation. ci. SEE COMMENT SECTION a I ESTIMATE THE MARKET VALUE.AS DEFINED OF SUBJECT PROPERTY AS OF 2/5/2013 to se$ see comment addendum Review Appraiser(if applicable) ,„t;r , 1.Appraisers) 'w-- -..-' -'---- Did Did Not Physically ROOSEVELT LEONARD Inspect Property sate Report Signed 2/5/2013 Date Report Signed tate Certification 4 State State Certification it State Or State License 4 3267 State FL Or State License 4 State Expiration Date of License or Certification 11/201'Packet Page-822-t Date of License or Certification Prod e 800-622-8727 Page 1 of 6 EASEMENT VALUATION COMMENT ADDENDUM 7/9/2013 16.C.7. File No. MPS 306 Case No. SABAL BAY Borrower Property Address NO SITE ADDRESS City NAPLES County COLLIER State FL Zip Code 34112 Lender/Client COLLIER COUNTY GOVT Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 02-05-2013 Proposed Collier Force Main Easement Saba! Bay Commercial Project-MPS 306 An easement is a non possessing interest held by one person in land of another person whereby the first person is accorded partial use of such land for a specific purpose. An easement permits the use of the property without transferring the ownership of the property. The proposed utility easement will have the typical rights associated with installation and access. The compensation for the proposed Collier County Utility Easement is based on obtaining the estimated value of parent tract multiplied by a percentage/factor depending upon impact on the overall area location and the use of the area where the easement will be located. The proposed installation area and any future related maintenance work area will have a nominal impact on the subject property. The location of the proposed utility easements will have a low impact effect on the non developable area of the parent tract. Easements typically are valued at a percentage between 10%and 90%of the established unit value. This valuation calls for 2 unit values because the proposed easement will traverse through two different types of land use properties water management and commercial. Water management area is 15% of established unit value and the commercial area is 40%of established unit value. The Points of consideration for the easement value is based on "as is" zoning, site developments,and low impact to the parent H tract. Based on the market data for commercial vacant land sales,$326,700 dollars per acre x 0.26 acres (C.U.E. area)x 40% is S33,977 say$34,000 dollars. Based on the market data for conservation vacant land sales,$10,700 dollars per acre x 0.62 acres (C.U.E. area)x 15% is$995.00 say$1,000 dollars. Total compensation for the proposed force main is $34,000+$1,000 results in$35,000 dollars i I � I Packet Page-823- Produced_ _.._._ _. ..._ __... are 800-622-8727 Page 3 of 6 7/9/2013 16.C.7. 7, Stantec Ask LEGAL DESCRIPTION Being a part of Section 19, Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East . Collier County, Florida (Proposed Collier Utility Easement(C.U.E.) BEGINNING at the Westerly most Corner of Tract"H", according to the Plat of Sabal Bay Commercial Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier County. Florida. Thence along the Boundary of said Tract"H", in the following five(5)described courses: 1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet through central angle of 61°43'19" and being subtended by a chord which bears South 62°38'56"East 39.50 feet; 2. South 31°47'17"East 59.53 feet; 3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43"East 194.36 feet to a point of reverse curvature; 4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21" East 115.42 feet; 5. South 74°11'12"East 586.65 feet: Thence leaving said Tract"H"boundary South 50°55'33"West 7.74 feet; Thence South 89°48'16"West 51.36 feet: Thence South 39°02'44" East 11.29 feet; Thence North 74°11'12"West 542.06 feet; Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of 111.29 feet through a central angle of 49°21'02" and being subtended by a chord which bears South 81°11'22"West 92.92 feet; Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of 162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears North 77°36'43"West 233.09 feet; Thence North 31°47'17"West 56.86 feet; Thence North 61°0626"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according to said plat; Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave northwest having a radius of 810.00 feet through a central angle of 02°00'58" and being subtended by a chord which bears North 62°19'01" East 28.50 feet to the POINT OF BEGINNING. Containing 0.62 acres or 27,154 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the easterly line of said Tract"H", being North 50°55'33"East. Certificate of authorization#LB-7866 Stantec Consulting Services Inc. Registered Engineers and Land Surveyors AP apr� By: Date: February 4. 2013 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 2D-122FM . 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Q vi o: -\, L�-� GA CO �� L• u�ci • 3Y 6S '3'8').01� _ \\`� °-E6 4'<„. i• r...., .' ''Z.\/ L.0 - a p ,../ ,�.G �� mil Cr as , x a! / x� n,tz Nx,, O ,• re Inn rn II 6-< i m S 5w °'• F o � I,.,' w ww a °a \V.,m a f-w ®�o° 1 , °5 \ ti Lz°g I tC °npW °i O < ' 0g/ WY \ �� v IN r� �. I m ��U, \ -IIIZI .� Z -I \ a ,) \ �.y 1.` / — _ �., --.--• ,.w, w co ■ *8-tE 30Vd '6� N008 1V1d ` . H «�c� 10t181 3N0 3SVHd-1VId 1V101a3Wrv00 AV8 WAYS 7 x r 8 3Ai i NOSSVW0H1 •H. IDV 13O N3N2103 1SOVVON31S3M _ m °o .a.p.d 03C 6 om _ _._____- •- G i- Y 0 O / uI I \ <it LL c V LL Packet Page-825- EASEMENT VALUATION SUBJECT PHOTO ADDENDUM File No MPS 30 7/9/2013 1 6.C.7. Case No SABAL BAY Borrower Property Address NO SITE ADDRESS City NAPLES County COLLIER State FL Zip Coos 34112 Lender/Client COLLIER COUNTY GOVT Adorers 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 AP. . •,i ,3 - t‘. -_,...,,741tiv,-'r.t.-. ., ,,. ...., - _ ,• FRONT OF -- N 4 ".' '':' '''''.. ' :' -'-'7'4" . TY ,. . ,. SUBJECT PROPER SITE ADDRESS NAPLES,FL 34112 .. .., • •:,N-lit . ....- . . . , .. • *';-• . .•;.•..- , .. .. . . .... . . . . .. . „ ..• . . . , .. . . . ... . •:, . . .. . ' . ' ' • ' - • • , .„....,• . . „,.. ,. IV - ' - ' .- •: • -- _ --. ' - • . - ,::/". -7 : REAR OF SUBJECT PROPERTY AM% STREET SCENE ,40Aitt, Packet Page-826— -— -- Produced b.,-..c... —...,....L...,„......c.,..--622-8727 Page 3 of 6 EASEMENT VALUATION COMPARABLES 1-2-3 File No. MPS 30l 7/9/2013 16.C.7. Case No. SABAL BA1' Borrower Propene Address NO SITE ADDRESS City NAPLES Countv COLLIER State FL up Code 34112 Lender/Client COWER COUNTY GOVT Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 `'. r 11.:.‘ COMPARABLE SALE# 1 } d'� " ' s 4370 THOMASSON DR s.G NAPLES *-��, :,r } xAa* , - / '1 - 'r ,Pr` ,. F ..--,°•;. • port, k 4 P ,•Ca tli"e*r a oun} r y._PPraise uapre F x1r,2P13.e-t. : 1 r COMPARABLE E# 2 r ` ¢' 6859 COLLIER BLVD SAL ? NAPLES „;al`s ,, v a '� �"` '' '''''','7'..‘4.',. *-',.. �' �• -. is � _ � .7x F f - Wf .. ''... -::- ,,i0p.':?' -„.°I;" '!''''''Vtri;:i"i;::;...,,, ..:-::1„,.. , '',. . - ,;",,,,,, ,,' ' } 3. • To- , 'P sI". � , s * � -b CT OH SL E# 3 , 1N1': \ ,.; 1s,;„,..- , V -z THO M ASSONRABLN E &A E TRAIL 4 NAPLES & 0 z , t > a n5 ‘ .,4,.. , ,,, , ,, Iii:v .., _ ....„-,,*:,...,..., ‘ _,. ,.. , . i\v ..- 21e.„ ,,....,..„- _,,,,7,10,,k,,..•„.. ...;,,e .:....". ' '' ' I .tit4,,,, 7., , <. .,��.,: Packet Page-827- �_. Produces .y ... .,�v„Y q,� J00 622-8727 Page 4 o` 6 C EASEMENT VALUATION File No. MPS 306 7/9/2013 16.C.7. Case No. SABAL BAY DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest: „ (3)a reasonable time is allowed for exposure in the open market; (4)payment is made in terms of cash in U. S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions`granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions. 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it.The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title.The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees.express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions(such as.needed repairs,depreciation,the presence of hazard wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal.Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.Because the appraiser is not an expert in the field of environmental hazards.the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct.The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,repairs,or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report(including conclusions about the property value,the appraiser's identity and professional designations,and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower;the mortgage or its successors and assigns;the mortgage insurer: consultants. professional appraisal organizations:any state or federally approved financial institution:or any department,agency, or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s)without having to obtain the appraiser's prior written consent.The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising,public relations,news,sales,or other media. Freddie Mac Form 439(6-93) Produced by Click Packet Page-828-727 Fannie Mae Form 10048 (6-93) Page 5 of 6 EASEMENT VALUATION File No. MPS 3( 7/9/2013 16.C.7. Case No SABAL PURPOSE AND USE OF LIMITED APPRAISAL The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property collateral for use in a proposed underwriting.This limited appraisal is for the use of the party to whom it is addressed and any further use or dissemination without consent of the appraiser and addressee is prohibited. DEFINITION OF MARKET VALUE Market value,as referenced in OCC Rule 12 CFR 34.42(f): The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller.each acting prudently.and knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised.and acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S dollars or in terms of financial arrangements thereto;and(5)me price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale.*Adjustments to the comparable must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area:these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional iender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgement. DESCRIPTION OF LIMITED VALUATION PROCESS In performing this preliminary value analysis,the valuation process consisted of (1)Reviewing assessment/public records and comparable database listing information for the subject;(2)Conducting an inspection of the subject and its environs;(3)Analyzing sales of regional residential real estate;(4)arriving at a value conclusion;(5)Writing this report Departures from specific appraisal guidelines included:SR 1-3 because the appraiser has presumed,for the purpose of the limited appraisal, that the existing use of the subject property is the highest and best use:SR 1-4 because only a sales comparison analysis of value was employed in this limited appraisal since it is the primary valuation method for residential dwelling similar to the subject.Any additional uses of the departure provision are specifically stated in the attached appraisal report or its attachments. SALES HISTORY According to the data utilized in preparing the report,the property I X has I has not transferred within the past 12 months. LEVEL OF RELIABILITY The use of the departure provision to allow a limited appraisal with a single approach to value reduces the level of reliability of this report. RECONCILIATION Complete weight was given to the Sates Comparison Approach as it is the approach used by most buyers when purchasing a single family dwelling.The Income Approach was not applicable because of the lack of rental information and meaningful relevancy to the value of a dwelling located in this primarily owner occupied neighborhood.On the other hand,the Departure Provision was utilized to estimate the Cost Approach because the appraiser decided this omission in this limited appraisal assignment would not confuse or mislead the client or the intended users of this report.The market value is estimated on the FHLMC form 704 or similar attached. ASSUMPTIONS AND LIMITING CONDITIONS *No responsibility is assumed for the legal discrimination or for matters indicating legal or title considerations.Title to the property is assumed to be marketable.The property is appraised free and clear of any and all liens and emcumbrances,except as noted in the report. *Information furnished by others during the course of the research has been venfied to the extent possible and is believed to be reliable,but no warranty is given for its accuracy. No responsibility is assumed for the effect on value of hidden or unapparent conditions of the subsoil or structures;or for arranging engineering studies to discover such conditions. *No evidence of contamination or hazardous materials was observed.However,the appraiser is not qualified to detect potential hazardous waste material that may have an effect on the subject property.The client may wish to retain such an expert if he desires. 'Sketches and other illustrative material are included only to assist the reader in visualizing the real estate and its environs,are based on data • developed and supplied by others.and are not meant to represent a survey or as-built plan "Any distribution of the total valuation among land,improvement,and/or other components applies only under the stated program of utilization and must not be interpreted or used as individual vaiues for other purposes. "The appraiser is not required to provide consultation,testimony,or attendance in court by reason of this assignment.unless such services have been assigned in contracting the assignment. *Possession of the report or a copy thereof does not carry with it the right of publication.and it may not be used for any purpose by anyone other than the addressee,without the written consent of the author and addressee.Even with such permission.out-of-context quoting from and/or partial reprinting of the report is prohibited.The report is an integrated entity and is only valid in its entirety, "Neither all nor part of the contents of the report shall be disseminated to the public relations.news,sales,or other media without the prior written consent and approval of the author. LIMITED SCOPE APPRAISAL CERTIFICATION I certify to the best of my knowledge and belief that'the statements of fact contained in this report are true and correct:the reported analyses, opinions,and conclusionsare limited only by the reported assumptions and limited conditions and are personal,unbiased,professional analyses, opinions and conclusions;I have no present or prospective interest in the real estate and have no personal interest or bias with respect to the stipulated result,or the occurrance of a subsequent event;the analyses,opinions and conclusions were developed and the report prepared in conformance with and subject to the requirements of the Uniform Standards of the Professional Appraisal Practice of the Appraisal Foundation; the appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a loan;I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual(s)in the performance of the appraisal or the preparation of the appraisal report.I have named such individual(s)and disclosed the specific tasks performed by each in the reconciliation section of this appraisal report.I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,.I will not take the responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that'I directly supervised the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser,agree to be bound by the appraiser's certification above.and am taking full responsibility for the appraisal and the appraisal report. UTILITY EASEMENTS ARE BASED ON USE VALUE-A VALUE CONCEPT WHICH IS BASED UPON THE PRODUCTIVITY OF AN ECONOMIC GOOD TO ITS OWNER-USER.VALUE IN USE MAY BE A VALID SUBSTITUTE FOR MARKET VALUE WHEN THE CURRENT USE IS SPECIALIZED THAT IT HAS NO DEMONSTRABLE MARKET AND THE USE IS ECONOMIC AND LIKELY TO CONTINUE. PROPERTY ADDRESS: NO SITE ADDRESS , NAPLES,FL 34112 APPRAISER: �. SUPERVISORY APPRAISER (only if required) Signature: r.--cr:�_....t-�✓ ar gas.- Signature:`_ Name: ROOSEVELT LEONARD Name: Date Signed: 2/5/2013 Date Signed. State Certification#: State Certification#: or State License#: 3287 or State License#: State State Expiration Date of Certification or License: 11/2014 Expiration Date of Certification or License: Did X Did Not Inspect the interior of the Property �i Did Did not Inspect property ProdL Packet Page-829-a 800-622-8727 Page 6 of 6 - •_______ .... 7/9/2013 16.C.7. N6igt i<1. 2 6 1 1 1 Z, ;c.: .,f 47 •.;tr)i 2 :—; i1 .--, 7,ii‘tc' f .---1 . ...-- ,., \ g i's., \\ / \ \ ( I s \ 7 \ ! , , • ) I -- --_--._,_.1 i a t.; 2 V . ,• ■ , . I I I II if'. I ' _ /it' ! I , 1 i i / / i /I/■•,; 1 I / 1 I / A k i I k /d-/ , -.-, I , / ,, / • , ... . , • ,• 1 / , .,,,-- .:: .0.= . •• 1: / I I ,I I / i, „ I , ,, 1 • i, , ti-zi t.--4,,,e•-■hann ,t-cl-r= i 1 ■ 1 /: ] .-Sin Vni-XV,0-751.1 .1,,lt!! ,1 1461,-. ' 11 11 1,317, ■ i !i suom smKa iz i I ■ < 1 ■?' . 1 I - 1 I' I 11 I 1 1 i 11 ! I I , 1 .i t:!' t., I 1 1 I 1 . j ... 1 I II J. . . I Ig, _ I Ar3 1, H ------,-fr I! , . Packet Page-830- 7/9/2013 16.C.7. to 4 vw 74 3.tret`F 5lkynt'i+sib.iit1A.a ■ , 1'^� rt ..i�t, •fi5 '''' �,-0. a $• j '' �Y -i['' .. _ "° Ys 9 Fr Cy n tx �' �' '., 4 ',r ,*d" ` ; «r 5,1,. -444 ". 10.111 Via sYa PP' ..f 't ' .x'•.,r k 5n7 3� � =r `r ,, � _ s 4. °4 VI. { "4 .SrwarL^r 4."'"1"✓+AFl9 O'" �} A: — w J '.3.µSs} .:}.,Cr=#4TSe+1; . 4 "�++.:3.w.!`, �,• � y� Proposed Collier Utility Easements 0.26 acres and 0.62 acres Sabal Bay MPS 306 Project 72549.1 Legal Description next page Aerial above Packet Page -831- EASEMENT VALUATION File No MPS 7/9/2013 16.C.7. LAND APPRAISAL REPORT Case No SAB,-__. Borrower Census Tract Map Reference 5819 Property.Address NO SITE ADDRESS c City NAPLES County COLLIER _State FL Zip Code 34112 Legal Description SABAL BAY COMMERCIAL PLAT BOOK 38 PG 81 THROUGH 84 Sale Pnce$ NA Date of Sale Loan Term NA yrs. Property Rights Appraised I i Fee Leasehold TIDe Minimis PUD Actual Real Estate Taxes$61,313 EST (yr) Loan Charges to be paid by see er$ Other Sales Concessions NA Lender/Client COLLIER COUNTY GOVT Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 Occupant VACANT Appraiser ROOSEVELT LEONARD_-, Instructions to Appraiser ESMT VALUE Location I_X I Urban r lI Suburban L.]Rural Good Avg.Fair Poor Built Up I X1 Over 75% H 25%to 75% I Under 25% I Employment Stability Growth Rare Fully Dev. Rapid X;Steady I ISow Convenience to Employment El I X�E 2 Property Values I Increasing 1 X 1 Stable I Declining Convenience to Snooping "H I_X Demand/Supply �I Shortage �1 In Balance 1 X j Oversupply Convenience to Schools I j I 0.Marketing Time I I Under 3 Mos, I 13-6 Mos. I X]Over 6 Mos. Adequacy of Public Transportation �X]l''''_,� O`Present Land Use 85 %1 Family 10 %2-4 Family %Apt %Condo 3 %Commercial! Recreational Facilities 1 X , %Industrial 2 %Vacant��% _ Adequacy of Utilities I X j E] Change In Present Land Use I X I Not Likely I Likely('} 1 Tak,ng Place(`) Property of Compatibility HX!(�' (�)From To Protection from Detnmental Conditions '1 I X l Predominate Occupancy ITC]Owner I 'Tenant %Vacant Police and Fire Protection X I I 1 Z Single Family Price Range $ 60,000 to$ 125,000 Predominant Value$ 85,000 General Appearance of Properties X 1 f l Single Family Age 5 yrs to 25 yrs, Predominant Age 10 yrs Appeal to Market I X i Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools view,noise): THE SUBJECT PROPERTY IS LOCATED E OF THOMASSON DR AND S OF US 41 E LOCATED IN AN AREA CALLED EAST NAPLES. NEWER RETAIL DEVELOPMENT WITHIN 3 MILES CALLED FIFTH AVE TO THE WEST AND NEW DEVELOPMENT NEAR CR 951 TO THE EAST. Dimensions 0.26 ACRES±/_IS THE EASEMENT AREA = 0.26 ACRES IS EASEMENT AREA (_Corner Lot Zoning Classification MPUD ZONING Present Improvements X]do j do not conform to zoning regulations Highest and best use X I Present use, I Other(specify) Public Other(Describe) OFF SITE IMPROVEMENTS I Topo LEVEL Dec. IStreetAccess��Public Pnvatel Size ACREAGE Gas �Sutace TREED LAND Shape IRREGULAR SHAPE Water I Maintenance I I Public I Private View COMMERCIAL .San.Sewer Under round Elect& I, I Storm Sewer (__II Curb/Gutter Drainage NO SITE DEV 9 i I Sidewalk 71 Street Lights i Is the property located in a HUD identified Special Flood Hazard Area?1 INo X Yes 4 Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions): FLOOD ZONE AE PANEL 11/17/2005.THERE ARE NO KNOWN ADVERSE EASEMENTS OR ENCROACHMENTS. R The undersigned nas recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant venation between the subject and comparable properties.If a significant item in the comparable property is superior to or more favorable than the subject property,a minus(-}adjustment is made thus reducing the indicated value of subject;if a significant item in the ;,com arable is inferior to or less tavorable titan the subject property,a pius(+I adjustment is made thus increasing the indicated value of the subject. SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 ' COMPARABLE NO.3 Address NO SITE ADDRESS 4370 THOMASSON DR 6859 COLLIER BLVD THOMASSON LN&E TRAIL NAPLES,FL 34112 I NAPLES NAPLES NAPLES Proximity to Subject ADJACENT PARCEL i 10 MILES NE i ADJACENT PARCEL 1 cif Sales Price I$ NA - ;5 3.832,191 i 15 1,557,2701 1$ 625.000 Price! IS —__ (5 326,700 ac IS 283,100 ac, 4 330,700 ac Z Data Source I PUBLIC RECORDS] PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS 4 Date of Sale and DESCRIPTION DESCRIPTION ' Ad1t stment DESCRIPTION .��Is ..{ Adi dtmem DESCRIPTION gdNsfinent_ •r. TimeAdjustment ' Property Appraiser ] 4/12/2012 1 8/15/2012 O Location I EAST NAPLES SIMILAR SIMILAR I _I SIMILAR yu SiteNievi I 0_26 AC EASEMENT I 11.73 ACRES 5.5 ACRES 1.89 ACRE It,'ZONING ACREAGE SIMILAR I SIMILAR SIMILAR I_ — t ACCESS i ACCESS ACCESS I ACCESS j ACCESS I CORNER/INTEL ACREAGE 1 ACREAGE I 1 ACREAGE ACREAGE I adjusted per acr i VERALL PER ACRE $326.700 acre $263,100 acre $330,700 acre Sales or Financing Concessions Net AC.Total) ``-,1 iX i Plus Minus $ 0 I IX Pius IMinusi $ 0 I IXI Pius i IMinusl5 0 Indicated Value 1Net=0% INet=0°l I iNet=O% ofSubiect I ' ".,.;-IGross=O% I $ 3,832,191 IGross=0% 1 $ 1,557,2701Gross=o $ 625.000 Comments on Market Data IN THIS E NAPLES MARKET AREA,THE SALES DATA INDICATES THAT THE VACANT LAND SALES RANGE IN VALUE OF $283.100 TO$330,700 FOR ACREAGE LAND WITH ENTITLEMENTS. Comments and Conditions of Appraisal- MOST WEIGHT IS PLACED ON COMPARABLE NUMBER ONE BEING$326,700 PER ACRE.THE BASES FOR THE EASEMENT VALUATION IS TO TAKE THE ESTIMATED PARENT TRACK PER ACRE VALUE AND THEN OBTAIN A PERCENTAGE OF THE PARENT 2'TRACK VALUATION THEREFORE,IN THIS VALUATION THE PERCENTAGE WILL BE 40%. o Final Reconciliation —_ < SEE COMMENT SECTION _a — I ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF 2/5/2013 to be$ see comment addendum 0 ,.,,% ' Review Appraiser(if applicable) e) .Appraiser(s) ,/""'" 02_ i Did I Did Not Physicaly ROOSEVELT LEONARD Inspect Property Date Report Signed 2/5/2013 _ Date Report Signed • State Certification i* State State Certification# _ State Or State License it 3287 Stein FI CI,Riaro'.icense i State Expiration Date of License or Certification 11/2014 Packet Page-832-1 Date of License or Certification . Prod_____, _.._..,_.....___.-.._.e 800-622-8727 Page 1 of 6 EASEMENT VALUATION 7 COMMENT ADDENDUM /g/2013 16.C.7. File No. MPS 306 Case No. SABAL BAY Borrower Property Address NO SITE ADDRESS City NAPLES County COLLIER State FL Zip Code 34112 Lender/Client COLLIER COUNTY GOV'T Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 02-05-2013 Proposed Collier Force Main Easement Sabal Bay Commercial Project-MPS 306 An easement is a non possessing interest held by one person in land of another person whereby the first person is accorded partial use of such land for a specific purpose. An easement permits the use of the property without transferring the ownership of the property. The proposed utility easement will have the typical rights associated with installation and access. The compensation for the proposed.Collier County Utility Easement is based on obtaining the estimated value of parent tract multiplied by a percentage/factor depending upon impact on the overall area location and the use of the area where the easement will be located. The proposed installation area and any future related maintenance work area will have a nominal impact on the subject property. The location of the proposed utility easements will have a low impact effect on the non developable area of the parent tract. Easements typically are valued at a percentage between 10%and 90% of the established unit value. This valuation calls for 2 unit values because the proposed easement will traverse through two different types of land use properties water management and commercial. Water management area is 15%of established unit value and the commercial area is 40%of established unit value. The Points of consideration for the easement value is based on "as is"zoning. site developments, and low impact to the parent H tract. Based on the market data for commercial vacant land sales,$326,700 dollars per acre x 0.26 acres (C.U.E. area)x 40% is$33,977 say$34,000 dollars. Based on the market data for conservation vacant land sales,$10,700 dollars per acre x 0.62 acres (C.U.E. area)x 15% is$995.00 say$1,000 dollars. Total compensation for the proposed force main is$34,000+$1,000 results in$35,000 dollars Packet Page-833- Produced. —......are 800-622-8727 Page 3 of 6 7/9/2013 16.C.7. I- ,.. Stantec • 4,deisk„ LEGAL DESCRIPTION Being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (Proposed Collier Utility Easement(C.U.E.) BEGINNING at the Easterly most Corner of Tract"H", according to the Plat of Saba! Bay Commercial Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier County, Florida. Thence along the Right of Way line of Tamiami Trail (US41) South 39°03'59"East 79.55 feet; Thence leaving said Right of Way line South 50°56'01"West 15.00 feet; Thence North 39°03'59"West 58.95 feet; Thence North 84°04'07"West 7.93 feet; Thence South 50°55'33"West 423.05 feet; Thence South 28°25'33"West 29.42 feet; Thence South 50°55'33"West 33.85 feet; Thence South 62°10'33"West 15.38 feet; Thence South 50°55'33"West 114.07 feet; Thence North 74°11'12"West 43.93 feet; Thence North 39°02'44"West 11.29 feet; Thence North 89°48'16" East 51.36 feet; Thence North 50°55'33" East 107.20 feet; Thence North 50°55'33" East 7.74 feet to a point on the Boundary of said Tract"H". Thence along said Boundary for the following seven (7) described courses: 1. North 50°55'33" East 99.46 feet; 2. 11.10 feet along the arc of a non-tangential circular curve concave northwest having a radius of 20.00 feet through a central angle of 31°47'18"and being subtended by a chord which bears North 66°49'12" East 10.95 feet; 3. North 50°55'33"East 17.08 feet; 4. 28.53 feet along the arc of a circular curve concave northwest having a radius of 52.00 feet through a central angle of 31°26'25"and being subtended by a chord which bears North 35°12'20" East 28.18 feet: 5. North 19°29'07" East 4.70 feet: 6. 4.39 feet along the arc of a circular curve concave southeast having a radius of 8.00 feet through a central angle of 31°26'25" and being subtended by a chord which bears North 35°12'20" East 4.34 feet; 7. North 50°55'33" East 449.00 feet to the POINT OF BEGINNING. Containing 0.26 acres or 11,121 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East. Certificate of authorization#LB-7866 Stantec Consulting Services Inc. Registered Engineers and Land Surveyors C2736*--"/ By: Date: February 4. 2013 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 2D-122FM Packet Page-834- 7/9/2013 16.C.7. . < z x 2 Z�z¢ N z La og�a 0. to 0Nmto^I,�0to I° QOoN = W w 6^M w h n'M 4 2 ri J o;n eta w W■Z W Qo N.r �[ o tin -7_,..7 v>m- 'a * Z N d0 U W Cc _ I- j * W Z 4N a 2 wa _ U 'Q WP �� u W�..i.0 -" W U + 7 H. In WWIIP Z.3 3ww5 � znogionn2,Pm-4=nn on O c. U,NI H. O0 W F ,o o a naM V n nab ' r rinrv� CO 2 v w_,°a m _ LLt 66P o acv».-a�-o. tg. ro I ¢ O <,_.. 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Case No. SABAL bp%T Bcrmwer Property Address NO SITE ADDRESS City NAPLES County COLLIER State FL Zip Coa= 34112 Lender/Client COLLIER COUNTY GOVT Acdress 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 AII6fittk, , FRONT OF SUBJECT PROPERTY NO SITE ADDRESS NAPLES,FL 34112 . ' • ' REAR OF SUBJECT PROPERTY STREET SCENE • ,056,Aft‘ Packet Page-836- Produced 0, --622-8727 Page 3 of 6 j EASEMENT VALUATION GOMPARABLES i-2-3 File No. MRS 30E 7/9/2013 16.C.7- Case No. SABAL 6., Borrower ProRerty Address NO SITE ADDRESS Ct,- NAPLES County__ COLLIER State FL Zip Code: 34112 Lender/Dent COLLIER COUNTY GOVT Address 3335 TAMIAMI TRAIL E STE 101 NAPLES FL 34112 ,r> -4,';`,-- .4' COMPARABLE SALE# 1 _--,,,,,,- .. A.,, ,,,, ,o,--,-. -\,,,, ,,,-, ,,. G r ti� A370 THOMASSON DR ` NAPLES tl P Sf f � ^w 5 jH y� ,,3_-~ con C aunky:::Property wpprariser tu.akrt�_"F ,yt17T2 i_'t? s GOMPARABLE SALE# 2 , z�µ ". f' 6859 COLLIER BLVD, :le:,,,.,, k d:' NAPLES„ i,, i',” -5 u,sk Si o-i ex i ,.' a.. ter.. a n...... f d r rF �> COMPARABLE SALE W 3 ; �., THOMASSON LN&E TRAIL NAPLES te,_ ' lit a ',` l's` # ` 4 Prouuce�Packet Page_837 ,00 s2 2-8727 Page 4 of 6 EASEMENT VALUATION File No. MPS 306 7/9/2013 16.C.7. Case No SABAL DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale.the buyer and seller.each acting prudently.knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest: (3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market:these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title.The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used 6. The appraiser has noted in the appraisal report any adverse conditions(such as,needed repairs,depreciation,the presence of hazard wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal.Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.Because the appraiser is not an expert in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct.The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,repairs,or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report(including conclusions about the property value,the appraiser's identity and professional designations,and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower the mortgage or its successors and assigns; the mortgage insurer. consultants; professional appraisal organizations:any state or federally approved financial institution;or any department,agency, or instrumentality of the United States or any state or the District of Columbia;except that the(ender/client may distribute the property description section of the report only to data collection or reporting service(s)without having to obtain the appraiser's prior written consent.The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising,public relations,news,sales,or other media. •Freddie Mac Form 439(693) Produced by Click Packet Page-838-727 Fannie Mae Form 100048 (6-93) Page 5 of 6 EASEMENT VALUATION Fife No. MPS: 7/9/2013 16.C.7. Case No. SABAL BAY PURPOSE AND USE OF LIMITED APPRAISAL The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property collateral for use in a proposed underwriting.This limited appraisal is for the use of the party to whom it is addressed and any further use or dissemination without consent of the appraiser and addressee is prohibited. DEFINITION OF MARKET VALUE Market value,as referenced in OCC Rule 12 CFR 34.42(f): The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,and knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated:(2)both parties are well informed or well advised,and acting in what he considers his own best interest:(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale."Adjustments to the comparable must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount cf any adjustment should approximate the markers reaction to the financing or concessions based on the appraiser's judgement. DESCRIPTION OF LIMITED VALUATION PROCESS In performing this preliminary value analysis,the valuation process consisted of (1)Reviewing assessment/public records and comparable database listing information for the subject;(2)Conducting an inspection of the subject and its environs;(3)Analyzing sales of regional residential real estate;(4)arriving at a value conclusion;(5)Writing this report Departures from specific appraisal guidelines included:SR 1-3 because the appraiser has presumed,for the purpose of the limited appraisal, that the existing use of the subject property is the highest and best use;SR 1-4 because only a sales comparison analysis of value was employed in this limited appraisal since it is the primary valuation method for residential dwelling similar to the subject.Any additional uses of the departure provision are specifically stated in the attached appraisal report or its attachments. SALES HISTORY According to the data utilized in preparing the report,the property I X j has j has not transferred within the past 12 months. LEVEL OF RELIABILITY The use of the departure provision to allow a limited appraisal with a single approach to value reduces the level of reliability of this report. RECONCILIATION Complete weight was given to the Sales Comparison Approach as it is the approach used by most buyers when purchasing a single family dwelling.The Income Approach was not applicable because of the lack of rental information and meaningful relevancy to the value of a dwelling located in this primarily owner occupied neighborhood.On the other hand,the Departure Provision was utilized to estimate the Cost Approach because the appraiser decided this omission in this limited appraisal assignment would not confuse or mislead the client or the intended users of this report.The market value is estimated on the FHLMC form 704 or similar attached. ASSUMPTIONS AND LIMITING CONDITIONS *No responsibility is assumed for the legal discrimination or for matters indicating legal or title considerations.Title to the property is assumed to be marketable.The property is appraised free and clear of any and all liens and emcumorances,except as noted in the report. *Information furnished by others during the course of the research has been verified to the extent possible and is believed to be reliable,but no warranty is given for its accuracy. *No responsibility is assumed for the effect on value of hidden or unapparent conditions of the subsoil or structures;or for arranging engineering studies to discover such conditions. *No evidence of contamination or hazardous materials was observed.However,the appraiser is not qualified to detect potential hazardous waste material that may have an effect on the subject property.The client may wish to retain such an expert if he desires, *Sketches and other illustrative material are included only to assist the reader in visualizing the real estate and its environs,are based on data developed and supplied by others,and are not meant to represent a survey or as-built plan. *Any distribution of the total valuation among land,improvement,and/or other components applies only under the stated program of utilization and must not be interpreted or used as individual values for other purposes *The appraiser is not required to provide consultation,testimony,or attendance in court by reason of this assignment,unless such services have been assigned in contracting the assignment. "Possession of the report or a copy thereof does not carry with it the right of publication,and it may not be used for any purpose by anyone other than the addressee,without the written consent of the author and addressee.Even with such permission,out-of-context quoting from and/or partial reprinting of the report is prohibited.The report is an integrated entity and is only valid in its entirety. *Neither all nor part of the contents of the report shall be disseminated to the public relations,news,sales,or other media without the prior written consent and approval of the author. LIMITED SCOPE APPRAISAL CERTIFICATION t certify to the best of my knowledge and belief that:the statements of fact contained in this report are true and correct:the reported analyses, opinions,and conclusions are limited only bythe reported assumptions and limited conditions and are personal,unbiased,professional analyses, opinions and conclusions;I have no present or prospective interest in the real estate and have no personal interest or bias with respect to the stipulated result,or the occurrance of a subsequent event;the analyses,opinions and conclusions were developed and the report prepared in conformance with and subject to the requirements of the Uniform Standards of the Professional Appraisal Practice of the Appraisal Foundation. the appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a loan:I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual(s)in the performance of the appraisal or the preparation of the appraisal report.I have named such individual(s)and disclosed the specific tasks performed by each in the reconciliation section of this appraisal report.I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report.I will not take the responsibility for it SUPERVISORY APPRAISERS CERTIFICATION It a supervisory appraiser signed the appraisal report,he or she certifies and agrees that:I directly supervised the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser,agree to be bound by the appraiser's certification above.and am taking full responsibility for the appraisal and the appraisal report. UTILITY EASEMENTS ARE BASED ON USE VALUE-A VALUE CONCEPT WHICH IS BASED UPON THE PRODUCTIVITY OF AN ECONOMIC GOOD TO ITS OWNER-USER.VALUE IN USE MAY BE A VALID SUBSTITUTE FOR MARKET VALUE WHEN THE CURRENT USE IS SPECIALIZED THAT IT HAS NO DEMONSTRABLE MARKET AND THE USE IS ECONOMIC AND LIKELY TO CONTINUE. PROPERTY ADDRESS: NO SITE ADDRESS NAPLES,FL 34112 APPRAISER: SUPERVISORY APPRAISER (only if required) Signature: "tom ---� sT;. "" Signature: Name: ROOSEVELT LEONARD Name: Date Signed: 2/5/2013 - Date Signed' State Certification#: State Certification#: or State License#: 3287 or State License#: State State Expiration Date of Certification or License: 11/2014 _ Expiration Date of Certification or License: Did I X i Did Not Inspect the interior of the Propert j Did not Inspect property Packet Page-839- Pr�oduccu uy vm,nrvruvio ouuveme 8D0-522-8727 Page 6 of 6 7/9/2013 16.C.7. i 'OW < I".1 1 I 0 61--ItZt I ,C,T _'.:1 2 t2, :•7._ V7 ..,,L4,■ , s 0 . 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Project: Sabal Bay Force Main Folio No.: 00431400004 UTILITY AND ACCESS EASEMENT AGREEMENT Argotor, THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER LAND DEVELOPMENT, INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples, Florida 34103 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual non-exclusive Utility and Access Easement over, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement(hereinafter referred to as the"Easement Area")to the CCWSD for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated purposes on the terms and conditions set forth herein. NOW THEREFORE, in consideration of these premises,the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement, in the form attached hereto (Attachment "1"), for the sum of Seventeen Thousand and no 00/100 Dollars ($17,000.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the"Closing"). 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property underlying the Alorrrk Easement Area upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to the CCWSD on or before the date of Closing. 3. CCWSD shall repair or replace at their cost any existing or future above ground/below ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to existing conditions or better due to the repair and/or replacement of the CCWSD owned and maintained wastewater force main. Additionally, the Owner, its successors and assigns, may utilize the Easement Area for access, and is allowed to construct site improvements, including, and not limited to access roads, walls, signage structures, utilities, landscaping,within the Easement Area. 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided, however,that CCWSD shall have the unilateral right to extend the term of this Agreement for a period not to exceed sixty(60)days. 5. In any and all events, major construction is to be performed in accordance with the contract between CCWSD and its contractor and is to be completed by December 31, 2013 with a onetime ninety (90) day extension request in writing no later than fifteen (15) days prior to December 31, 2013. Any unforeseen reasonable administrative extensions may occur in the event of force majeure. 6. Owner is aware and understands that the "offer" represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that to the Owner's knowledge,the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD;that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD;that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b)any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment. will or transfer of hazardous substances on the Packet Page-842- 7/9/2013 16.C.7. Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. CCWSD shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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. Conveyance of the Easement Area by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. If the Owner holds the property underlying the Easement Area in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement Area before the Easement Area held in such capacity is conveyed to Purchaser, 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.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. • Packet Page -843- R�. 7/9/2013 16.C.7. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated. Date Property acquisition approved by BCC: AilOw AS TO CCWSD: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Deputy Clerk Georgia A. Hiller, Esq., Chairwoman AS TO OWNER: DATED:- �!�E_ .'a-�r COLLIER LAND DEVELOPMENT,INC., a Florid�cation r,�L By: Witness(Signature) ] - f Print Name: ["t f�✓ �(� I� fir- Oita/ (Print or Type) Title: V l L,- t rt(l'°L Witktess(Signature) Name:i?r Ci aya-x+-c+ 4. ie.o w&J (Print or Type) Approved as to form and legality Assistant County Attorney Packet Page-844- • EXHIE 7/9/2013 16 C 7 Pegs 1 . • , ,, 615 g i',='; Fi°i.--5. / THOMASSON DRIVE TRACT "R" / ,- --, --- , w I? 7 , / -:•.,\. 6 I ,' - , .; ' • Y1 ''. / j 1 1 —3 `c;,'' E90 4'cr, ',,,, •\ , 5 It,It; [ , ..',, z m •,\, ?),..'`' [I: Z' 11.'''''' 1' ''''' \ i 5 53 N , ,.. . ' '212 i j5 \ :.-fr-,P's,0$ •• • 3`Re,,-4<- .., , ,,--. 21F. I ?: `, - -5:4 xf-1.-- ' s',•" .1;-0P ."--7 II ,' ■ \ 21 rg.-:., ?At-,, " .;°- \ >„. , ,0..,'; .7 li :, ±,c, - . , r ,g- 1,74,.: i 1. \y, ,.:.: ..: .:, gi. ._. ‘..... , -,, ti).., .. il r m m NY ., AI I 1,--,..e, --"' V:,. 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Stantec Page- - Card LEGAL DESCRIPTION Being a part of Section 19, driatimi Township 50 South, Range 26 East, Collier County, Florida (Proposed Collier Utility Easement(C.U.E.) BEGINNING at the Easterly most Corner of Tract"H",according to the Plat of Sabel Bay Commercial Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84,Public Records of Collier County,Florida. Thence along the Right of Way line of Tamiami Trail(US41)South 39°03'59"East 79.55 feet; Thence leaving said Right of Way line South 50°56'01"West 15.00 feet; Thence North 39°03'59"West 58.95 feet; Thence North B4°04'07"West 7.93 feet; Thence South 50°55'33"West 423.05 feet; Thence South 28°25'33"West 29.42 feet; Thence South 50°55'33"West 33.85 feet; Thence South 62°1023"West 15.38 feet; Thence South 50°55'33"West 114.07 feet; Thence North 74°11'12"West 43.93 feet; Thence North 39°02'44"West 11.29 feet; Thence North 89°48'16"East 51.36 feet; Thence North 50°55'33"East 107.20 feet; Thence North 50°55'33"East 7.74 feet to a point on the Boundary of said Tract"H". Thence along said Boundary for the following seven(7)described courses: 1. North 50°55'33"East 99.46 feet. 2. 11.10 feet along the arc of a non-tangential circular curve concave northwest having a radius of 20.00 feet through a central angle of 31°47'18"and being subtended by a chord which bears North 66°49'12"East 10.95 feet; 3. North 50°55'33"East 17,08 feet, 4. 28.53 feet along the arc of a circular curve concave northwest having a radius of 52.00 feet through a central angle of 31°2025"and being subtended by a chord which bears North 35°1220"East 28.18 feet. 5. North 19°29'07"East 4.70 feet; 6. 4.39 feet along the arc of a circular curve concave southeast having a radius of 8.00 feet through a central angle of 31°26'25"and being subtended by a chord which bears North 35°1220"East 4.34 feet; 7. North 50°55'33"East 449.00 feet to the POINT OF BEGINNING. Containing 0.26 acres or 11,121 square feet,more or less. Subject to easements and restrictions of record. Bearings are based on the easterly line of said Tract"H",beina North 50°55'33"East Certificate of authorization#LB-7866 Stantec Consulting Services Inc. Registered Engineers and Land Surveyors . 'i By Date:February 4.2013 Lance T Miller,Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref.2D-122FM Packet Page-846- ra 7/9/2013 16.C.7. Project: Sabal Bay Force Main Folio No.: 00395680106 UTILITY AND ACCESS EASEMENT AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MINTO SABAL BAY, LLC, a Florida limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut Creek, Florida 33073 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual non-exclusive Utility and Access Easement over, upon and across the lands described in Exhibit"A", which is attached hereto and made a part of this Agreement(hereinafter referred to as the"Easement Area")to the CCWSD for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated purposes on the terms and conditions set forth herein. NOW THEREFORE, in consideration of these premises,the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement, in the form attached hereto (Attachment "1"), for the sum of one thousand dollars and no 00/100 Dollars ($1,000.00), U.S. currency by County Warrant or wire transfer(said transaction hereinafter referred to as the"Closing"). 2. Prior to Closing,Owner shall obtain from the holders of any liens,exceptions and/or qualifications encumbering the property,the execution of such instruments which will remove, release or subordinate such encumbrances from the property underlying the Easement Area upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed,to the CCWSD on or before the date of Closing. 3. CCWSD shall repair or replace at their cost any existing or future above ground/below ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to existing conditions or better due to the repair and/or replacement of the CCWSD owned and maintained wastewater force main. Additionally, the Owner, its successors and assigns, may utilize the Easement Area for access, and is allowed to construct site improvements, including, and not limited • to access roads, walls, signage structures, utilities, landscaping, within the Easement Area. 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement for a period not to exceed 60 days. 5. In any and all events, major construction is to be performed in accordance with the contract between CCWSD and its contractor and is to be completed by December 31, 2013 with a onetime 90 day extension request in writing no later than 15 days prior to December 31, 2013. Any unforeseen reasonable administrative extensions may occur in the event of force majeure. 6. Owner is aware and understands that the "offer" represented by this Agreement is • subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that to the Owner's knowledge, the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that to the Owner's knowledge, no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Packet Page -847- • 7/9/2013 16.C.7. Area, b)any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. CCWSD shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses(including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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. Conveyance of the Easement Area by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises,warranties, or covenants not contained herein. 12. if the Owner holds the property underlying the Easement Area in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement Area before the Easement Area held in such capacity is conveyed to Purchaser, 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.) 13, This Agreement is governed and construed in accordance with the laws of the State of Florida. [The remainder of this page intentionally left blank.] 2 • Packet Page -848- �� 7/9/2013 16.C.7. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates hereinafter stated. Date Property acquisition approved by BCC: AS TO CCWSD: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Deputy Clerk Georgia A. Hiller, Esq., Chairwoman Approved as to form and legal sufficiency: Lt-'I-f Emily R. Pepin Assistant County Attorney AS TO OWNER: DATED: 5/ 7?j 2+==I / MINTO SABAL BAY, LLC, a Florida limited liability company Witness(Sjgnat.ure) . (! -(- ec7 Print Name: IA), (Print or Type) Title: '+�r.. s , t,g,rr �.✓.r ft AA:r.. f Witness(Signature) Name"/hVtititd A 1A) (Print or Tipe) 3 • Packet Page -849- 7/9/2013 16.C.7. . . ..- EXHB1T4___ •"%' , ;,„. ipagetil i o ■ A- - ,10( :,•Kr, nj In ;:4,1-i / r-P.O.E3 7 I / • WESTEPLYMOS7 CORNER OR TRACT --i T HO MA.SS 0 N DRIVE / / ' ----__ SASAL SAT COMMERICAL PLAT-PHASE ONE I 7, fl /'T ')f-,•'" ■--3 L>t ___,j.,; SOOK 35. PAGE. 8(-54 / ' .•'- ■ c--,, i m I , _,--- --.^:-... 2 I ,,- 2-1Th 0., Z.; 1=•-- i F , ._ „. f t,' , . .1 /-•••• 1.. / 1 It-H ....L,..k., ,„,.. cz „,,E),9- 1 .; i f,,, u 1 6 ..6;--,\\ -z ,D \ \ '-':.'C'Z C) 7.;41-C,. 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L! ,--1-7-7 g 57 L.' 7.,,,• cz) 2; r- - . .. ff..ir-_-..,-_......,* -, 'f'. „A•VOlik., -.' r:,cL' —‹ c,-; (.-:,.-:,-Fie:'11-4.-,....L-:k:-:7-'!' , !e v.t-Jr=--.,..!E, --. (IF,141 o ■,. _.....--k--4..71._-; ,E; - L c.);?...7 * 1*iei*'1,4i**oe 1,,,:h'I 1 D. —1-7 4 •--- ■ * 1 ; I 1 i ! C.-'1 I I f it,1 10)..-.; ,.,,J -0 ri-• c'' '2. ';--; ; r"t" ,.;,.9-I; * :::., i-i-.f.:::1;•6--ffm•if;,^14; f,,--it.iiv•-iE;i..!icfivi :E. I.,• ig.;4 7-7,--;:' Icara,1,?,!.jo,l'ir„,...1,,,, , ■ ' ' f 1 - :.- '`,. I-.-'`•.--.... r'n ,:•=-; 15 C''Z--)i Packet Page-850- - -_-_, - 7/9/2013 1�� (� 7 ' '^^~-~ '~ '~'`~'' ' EXI-IF stkintec LEGAL DESCRIPTION Being a part ofSection 13 Townsp 50 South Range 26 E st and Section ue �on 24 Township 5 South Range" . 25 East Collier County Florida (Proposed UUUty �Easement (CU.E.) BESIvNVVGattheVVesterlymoatCornerofTrac1 ^H'. a000rd/ngtothePlatofSabe| B Plat —Phase County, Florida One as recorded in Plat Book 38. Pages 81 through 84, Public Records Bay Commercial Thence along the Boundary ofsa� Trac .H, in five of Collier 4 /.4/fe�ebmQ �earcofacnr, /ar' Qn«� (5) gesc�bedcoumea throughcentra|�ng|eofO1~43.1 �ecumeronoave»u�hwesthamngarad/usofJ85O �et �o«�h �2"3G'�8^Ees�Jg5Ofe��" /mocmgsubtended byaohordwh/chbe�r" 2 South81~47'1T^ Eaut5853 �et;' bears 3 216.74 feet along the arc of a circular cuxe concave 4 '^-�"o '�erroapo/n� oyreveraecuma�ure ~e" "vu ;nom which bears South 77~36'43''East /1* U5 feet along the arc ofa circular curve concave south hannQa radius of 38.50 feet through 5. 115.42 �et� ""tenoeobyachuujvvhiohbearsNo�h8/^11'21.' - g South 74~11'12'' East 58665 feet; c�ar Thence �av�goa� Trac ~H^bou'�� Thence South 89^4O'1G''- 's� 51.36 oc boundary South 5O�55'33''kVes� 7 74 feet; Thence South JB^OZ�4^ ~= *�e ' East Thence No�h74^11.12, 11.29 feet; West 542.06 feet; Thence 95.86 fee amn� theancofanon-tangential circular curve concave south having a radius o,111-28 ^eethug» aoentra/o»g}eo/4S^21'0Z`andueingsuo/endsdbYacAord *h/chbsam Sou^' 8' '122,v *s' 92.92feet; Thence 259.93 feet along the arc of a non-tangentai CirCu:ar CU Conc8ye north having a radius of of 162.50 through a central angle of91.~G.5^ and being Subtended by a chord which bears North '/ 3n'43' Yent233.O9feet`/nenceNorth31^47'17' Ves15S °6feet:TherceNorth61~06Z6' Ves1449fee,totheEantedyRightofvayhnenfThomasa nn Drive accord in to said plat; g ThenceahngxaidRigh, ofVay/mo28.5Ufeeta/ong{hearc of anon�angentia/ cirou/arcurveco»ca«e'`'^ '` =s` / amngaryd/unof81ODDf*e through a central angle ofO2^OO'55' and being subtended byo chord which bears No�hG2,1S'O�. East 2850 feet to the POINT OF BEGINNING. Containing 0.62 acres or 27'154 square feet, m ore or leless Subject to easements and restrictions restrichons of record Bearings are based on�heeastcrlynofaa`dTract^H^ b / »gNn�h5O~55`33' E�»L Certificate of authorization Stanrec Consulting Services Inc Registered'Eng/naersand Land Surveyors By Lance Date: _-.~.~.= Su/veyorandMappe/ Not valid unless embossed with the Professionars seal Ref. 2D-122FM • Packet Page-851- u.w,-.., r iYmYtiH+Y+4Y�zuma�uY•a-': 7/9/2013 16.C.7. D „...., DAVIDSON LAGINLERING Opinion of Probable Construction Costs 6"Potable Water Main Extension For the Sable Bay County Force Main Extension Project Prepared by Davidson Engineering,Inc June 20, 2013 Item Quantity Unit Unit cost Cost Connect to Existing Main 1 L.S. $ 700 $ 700 Open Cut and Restore Driveway 1 L.S. $ 4,408 $ 4,408 6"Water Main and Fittings 328 L.F. $ 14 $ 4,592 Valves and Adapters L.S. $ 2,550 $ 2,550 Temporary Blow Off 1 EA. $ 500 $ 500 Temporary Bacterial Sample Point I EA $ 750 $ 750 Restoration 1 L.S. $ 3,500 $ 3,500 Total $ 17,000 011111►11oh 140 ■ ,r * , 47161 , , * , ... r ` STATE OF ;,. r ./ P. a,/ .�a•ft OR1D>'c C _ 7 Jeff Davidson, P.E. President PE No. 47161 4365 Radio Road,Suite 201,Naples,FL 34104 Phone:239.434.6060 Fax:239.434-6084 www.davidsonengineering.com Packet Page -852-