Agenda 12/10/2013 Item #16A21 12/10/2013 16.A.21 .
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement required for the "Crews Road, Cope Lane
and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement
Project(Project#51101). Estimated Fiscal Impact: $6,900.
OBJECTIVE: To purchase a Drainage, Access and Maintenance Easement (hereinafter
referred to as "Parcel No. 248DAME) required for the construction of the Crews Road, Cope
Lane and Sandy Lane/Wing South Interconnect segment of the Lely Area Stormwater
Improvement Project.
CONSIDERATIONS: The required Parcel No. 248DAME contains a total of 5,877 square feet
(0.13 acres), more or less, located on Polly Avenue, and is owned by Mark W. Troedel. Growth
Management Division's Review Appraiser,Harry Henderson, SRA, estimated the current market
value of the easement (including site improvements located thereon) to be $6,200 (rounded).
Mr. Troedel has agreed to accept the appraised value and executed an Easement Agreement (the
"Agreement") in that amount.
Staff is recommending that the Board purchase the required easement from Mr. Troedel for the
purchase price of$6,200.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $6,900 and includes the
$6,200 negotiated purchase price together with recording fees, a title search fee and lender
subordination fee not to exceed $700. Funds are budgeted in Fund (325), Project 51101. Source
of funds is Ad Valorem taxes. There is no incremental maintenance cost associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and
requires a majority vote for Board approval - SAS
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Easement Agreement and authorize its Chairwoman to execute same on behalf of the Board;
accept the conveyance of Parcel No. 248DAME and authorize the County Manager, or his
designee, to record the conveyance instruments in the public records of Collier County, Florida;
authorize the payment of all costs and expenses necessary to close the transaction; authorize the
County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Agreement; and authorize any
and all budget amendments required to carry out the collective will of the Board.
Prepared By: Deborah Farris, Senior Property Acquisition Specialist, Growth Management
Division, Transportation Engineering, Right-of-Way Acquisition
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Attachments: 1)Easement Agreement(complete with Exhibit"A"consisting of the 2-page legal
description); 2)Location Map; and 3)Appraisal Report.
•
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12/10/2013 16.A.21 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve an Easement Agreement required for the
"Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area
Stormwater Improvement Project (Project#51101). Estimated Fiscal Impact: $6,900.
Meeting Date: 12/10/2013
Prepared By
Name: FarrisDeborah
Title:VALUE MISSING
11/13/2013 8:16:25 AM
Submitted by
Title: VALUE MISSING
Name: FarrisDeborah
11/13/2013 8:16:27 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/13/2013 9:55:03 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/13/2013 4:57:22 PM
Name: KearnsAllison
Date: 11/14/2013 11:18:04 AM
Name: ShueGene
Date: 11/14/2013 1:42:57 PM
Name: PutaansuuGary
Title:Project Manager,Principal,Transportation Engineer
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Date: 11/15/2013 11:41:17 AM `
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 11/15/2013 1:44:35 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/15/2013 4:40:00 PM
Name: StoneScott
Title:Assistant County Attorney
Date: 11/18/2013 8:28:54 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/18/2013 10:27:35 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/18/2013 11:12:47 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/18/2013 2:50:05 PM
Name: OchsLeo
Title: County Manager
Date: 11/19/2013 2:07:12 PM
dostitt
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12/10/2013 16.A.21 .
PROJECT: LASIP#51101/Crews,Cope,Sandy Lane
PARCEL No(s): 248DAME
FOLIO No(s): 00420560007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is
made and entered into on this day of ,20 , by and between
MARK TROEDEL whose mailing address is 3150 Polly Avenue, Naples, FL 34112-2753
(hereinafter referred to as"Owner"),and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the
County Attorney,Suite 800,Naples,Florida 34112(hereinafter referred to as"County").
WHEREAS, County requires a perpetual, non-exclusive drainage, access and
maintenance 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:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below,and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$6,200.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands,costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements,
and the cost to cut and cap irrigation lines extending into the Easement, and to
remove all sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Easement to County, including all attorneys'
fees,expert witness fees and costs as provided for in Chapter 73,Florida Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County(hereinafter referred to as"Closing Documents"):
(a)Perpetual, non-exclusive Drainage,Access and Maintenance 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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(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
CA
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granting any person or entity any rights with respect to the Easement,
! without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e)There are no maintenance, construction, advertising, management, leasing,
employment,service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g)County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore,Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h)The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal,State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no i
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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oft
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:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk GEORGIA A. HILLER,Esq.
Chairwoman
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AS TO OWNER:
DATED: (C 1301.2 o(?
Witness(Signature) MARK TROEDEL
R'o QC,er
Name(Print or T pe)
Witness(Signature)
deIf h77 riffs
Name(Print or Type)
App ved as to orm and legality
SCOTT A. STONE
Assistant County Attorney
Last Revised:6/3/2013
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•
LEGAL DESCRIPTION
PERPETUAL,NON-EXCLUSIVE DRAINAGE,ACCESS AND MAINTENANCE EASEMENT
PARCEL NO.248DAME
LYING IN
THE NORTHWEST QUARTER(NW 1/4)OF
SECTION 16,TOWNSHIP 50 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
•
A tract or parcel of land lying in the Northwest Quarter(NW 1/4)of Section 16,Township 50
South, Range 26 East, Collier County, Florida, which tract or parcel is more particularly
described as follows:
Beginning at the northwest corner of the East Half (E 1/2) of the Northeast
Quarter (NE 1/4) of the Northeast Quarter(NE 1/4) of the Northwest Quarter
(NW 1/4) of said Section 16;thence South 89°24'39" East on the north line of
said fraction for 146.90 feet to an intersection with a line 180 feet west of(as
measured on a perpendicular) and parallel with the east line of said fraction;
thence South 00°16'35"East on said parallel line for 40.00 feet to an intersection
with a line 40 feet south of(as measured on a perpendicular)and parallel with
the north line of said fraction; thence North 89°24'39"West on said parallel line
for 146.94 feet to an intersection with the west line of said fraction; thence
North 00°13'13"Weston said west line for 40.00 feet to the Point of Beginning.
Parcel contains 5,877 square feet(0.13 acres),more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,American Datum of 83(NSRS 2007)wherein the north line of the East Half jE 1/2)of the
Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Northwest Quarter
(NW 1/4)of said Section 16 bears South 89'24'39"East.
TECM-ROW
July 2,2012 AUG 1 6 2012
(Not Valid Without Sheet 2 of 2)
Sheet 1 of 2
EXHIBIT
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Location Map
Proposed easement(Parcel 248DAME)
Folio#00420560007
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SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
ROJECT NAME:LASIP(Crews/Cope/Sandy) PARCEL NUMBER:248DAME
PARENT TRACT SIZE:1.70 acres OWNER'S NAME:Troedel,M.
3150 Polly Avenue,Naples,FL
Tax Folio:00420560007
PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple interest of the subject property parent tract lands
and effected improvements(if any),and to estimate the compensation due the property owner(current record title holder of the fee simple interest in
the property)by reason of the taking therefrom for pubic purposes.
MARKET VALUE DEFINED: The most probable price,as of a specified date,in cash or in terms equivalent to cash,or in other precisely revealed
terms,ix which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,with the buyer and
the seller each acting prudently,knowledgeably,and far self interest,and assuming that neither is under any undue stimulus to act.
LEGAL DESCRIPTION:Parent Tract-16 50 26 N112 of NE1M of NEII4 of NV/114,less Rf W&N 165ft of E 180ft 1.7 acres OR 1750 PG 806
SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED.
PROPERTY HISTORY:The subject property has not sold over the past 10 years.
PRESENT ZONING:A-Agricultural FUTURE LAND USE:Residential
HIGHEST AND BEST USE:Based upon an analysis of the subject property and its environs(with consideration given to zoning,physical
aspects of the subject property,economiclmarket trends)the maximally productive use of the subject property would be for residential
development(as currently improved).
DESCRIPTION OF SUBJECT PROPERTY:The subject parent tract is a residential homesite(non-conforming lot of record as to size)located
on the south side of Polly Avenue,close to Sandy Lane)In East Naples.The property is improved with a single-family dwelling and
associated site improvements.The building improvements are unaffected by the proposed easement or project improvements(burled pipe
j_ with surface swaie).Therefore,only land and affected site improvements are considered in this analysis
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:The Following Sales are used to estimate the value of the
subject property lands using the Sales Comparison Approach:
1. 3855 Cope Lane,Naples Sale Price:$$225,000 Sale Date:10112
2. 2750 Sunset Blvd,Naples Sale Price:$95,000 Sale Date:11112
3. 2826 Sunset Blvd,Naples Sale Price:$115,000 Sale Date:1111
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale 81 is an"Estates"zoned 4.77 acre tract which is improved with a relatively modest residence(34 yrs old)and outbuilding.The
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SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
estimated contributory values of these improvements are$70,000.As such, the contributory value of the land component allocation
comes to$155,000.The indicated underlying unit price for the land is therefore$32,5001acre(rounded).
Sale#2 is an A-Agriculture zoned 4.77 acre parcel located on the east side of Sunset Boulevard in East Naples.This is an unimproved
wooded tract.Its recent sale at$95,000 reflects an indicated unit price of$20,000/acre(rounded).
Sale#3 is an A-Agriculture zoned 5 acre parcel located on the east side of Sunset Boulevard in East Naples.This is an unimproved wooded
tract.Its recent sale at$115,000 reflects an indicated unit price of$23,000/acre.
In comparison with the subject,most weight is given to comp#1 which is most similar to the subject with respect to future land use/zoning
and specific location within the general area.Size Factor consideration is also given(whereby due to economies of scale,larger lots tend
to sell for lower unit/prices when compared to their smaller counterparts).An above range unit price of$40,0001acre is therefore selected
as most reasonable for the subject lands(relatively small lot for the area).
Value Estimate,Parent Tract Land:1.70 acres x$40,000/acre=$68,000.
Proposed Taking Parcel,248DAME:This is a permanent drainage,access and maintenance easement needed for LASIP related drainage
improvements in this area(buried pipe).The proposed easement is 40 feet wide located along the subject property's Polly Avenue
frontage.It has a length of roughly 147 ft and a total area of 5,877 sf or.13 acres.Minor site improvements in the take area include a portion
of gravel driveway and wire fencing.
The proposed drainage easement uses represent an encumbrance factor of 95%of the full fee simple interest.The easement area
compensation is therefore valued as follows:
$40,000/acre x 95%x.13 acre area=$4,950(rounded).
Improvements:$1,200 allowance for driveway material and gate/fencing in proposed easement area
Damages/Cure:No damages or associated cures result from the proposed taking parcel.The subject driveway and culvert will be re-
established by the contractor as part of the project.
SUMMARY OF VALUES:Parcel 248DAME
TOTAL LAND VALUE $4,950
TOTAL VALUE OF IMPROVEMENTS ....$1,200
Damages: $0
TOTAL COMPENSATION $6,150($6,200 rounded)
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SHORT FORM APPRAISAL-COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT
LAST PROPERTY INSPECTION DATE: DATE OF VALUE: ))
ii
SIGNATURE OF APPRAISER: tl , i f 1t,�---�.._
APPRAISER'S NAME:
I have not previously provided appraisal services involving the subject property.I have no past,current or contemplated future interest in the subject
property.
CERTIFICATE OF APPRAISAL
I hereby certify that,to the best of my knowledge and belief,...
The statements of fact contained in this report are true and correct.
The reported analysis,opinions,and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,
unbiased professional analyses,opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report,and I have no personal interest or bias with respect
to the parties involved.
My compensation(neither salary nor bonus)is not contingent upon the reporting of a predetermined value or direction in value that favors
the cause of my employer,the amount of the value estimate,the attainment of a stipulated result,or the occurrence of a subsequent event.
My analyses, opinions and conclusions were developed,and this report has been prepared,in conformity with the Uniform Standards of
Professional Appraisal Practice.
Acceptance and utilization of this appraisal report,or any portion thereof,constitutes acknowledgment and acceptance of all the General
Assumptions and Special Conditions contained herein.
I have made a personal inspection of the property which is the subject of this report.
Unless specifically mentioned in the body of the report,and only to the extent mentioned,no one other than the undersigned contributed
any significant assistance in developing the analyses,assumptions and conclusions contained in this report.
/4( -/G‘'-------
Harry Henderson,SRA
Review Appraiser
Collier County,Florida
RD3475
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