Agenda 06/08/2010 Item #16A 9
Agenda Item No. 16A9
June 8, 2010
Page 1 of 24
EXECUTIVE SUMMARY
Recommendation to purchase a parcel of land and to approve the declaration of a public
right-of-way. Project Number 60018. (Fiscal Impact: $527.00)
OBJECTIVE: To purchase a parcel of land and to approve the declaration of a public right-of-
way.
CONSIDERATIONS: On May 13, 2003, Parcels 117, 118A and 130 were taken from property
owner, Janet Romano, for the purpose of expanding Immokalee Road from 2 lanes to six lanes.
On March 18, 2010, a stipulated final judgment was entered with the court (copy attached)
providing, . in part, that the County would be responsible for the cost of design, permitting and
construction of access to the remainder properties in accordance with all then existing Code and
legal standards. Failing to do so ~ould entitle the owner to reopen the case for the recovery of
damages as well as attorney fees and costs. In order to fulfill this obligation, minimize the costs
associated therewith, and to prevent said access from occurring directly onto Immokalee Road, it
is necessary to provide the subject remainder parcels with access to nearby Krape Road (just 30
feet to the east of the remainder property).
However, for the remainder property to access Krape Road its driveway would have to cross
over lands owned by others. (See attached drawing.) These narrow strips ofland separating the
remainder property from Krape Road are referred to as "less-and-exception parcels." These are
parcels ofland that were excepted from prior conveyances in the chain oftitle.
The owners of these "less-and-exception parcels" were contacted and agreed to assist the County
with providing the Romano remainder with access to Krape Road so that direct access onto
Immokalee Road may be denied at the time of the development of the remainder lands. One
owner freely donated his strip of land to the County. The other owner asked for $500 as
consideration for the conveyance.
One purpose of this executive summary is to recommend approval of the purchase of the strip of
land owned by Brooks Enterprises, a dissolved Florida corporation, from Richard W. Brooks,
who, as the sole surviving director of the corporation, according to the Florida Statutes at the
time of the corporation's dissolution (1983), is considered the trustee of the assets of the
corporation, and who is thus empowered to wind down the affairs of the corporation, including
the transfer of title to corporate property.
The other purpose of this executive summary is to recommend approval of a Declaration of
Right..;()f-Way over, under, upon and across both strips of land conveyed to the County for the
purpose stated above.
FISCAL IMPACT: Payment of$527.00 will be made from gas taxes.
Agenda Item No. 16A9
June 8,2010
Page 2 of 24
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is sufficient for Board action. STW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Purchase Agreement with Brooks Enterprises and authorize its
Chairman to execute same on behalf 0 f the Board;
2. Accept the conveyance of said property via Warranty Deed and authorize the County
Manager or his designee to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will ofthe Board; and
6. Approve the attached Declaration of Right-of-Way authorizing its chairman to execute same
on behalf of the Board, and to authorize the County Manager or his designee to record said
Declaration in the public records of Collier County, Florida.
Prepared by: Kevin Hendricks, TECM Right-of-Way Manager
Attachments: List as (1) Stipulated Final Judgment dated March 18, 2010; (2) Drawing
Showing Gap between Romano Remainder and Krape Road; (3) Purchase Agreement between
Brooks Enterprises and Collier County; (4) Aerial Photograph; (5) Appraisal of the "Gap"
Parcel; and (6) Declaration of Right-of-Way.
Agenda Item No. 16A9
June 8, 2010
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A9
Recommendation to purchase a parcel ot land and to approve the declaration ot a public
right-ot-way. Project No. 60018. (Fiscal Impact: $527)
6/8/2010 9:00:00 AM
Meeting Date:
Prepared By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
5/21/2010 11:34:15AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
5/21/201011 :36 AM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
5/24/201010:59 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
5/25/2010 10:07 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
5/25/201010:41 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
5/25/2010 11 :08 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
S/25/2010 1 :00 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
Sf2Sf2010 1 :14 PM
Approved By
OMS Coordinator
Date
Agenda Item No. 16A9
June 8, 2010
Page 4 of 24
County Manager's Office
Office of Management & Budget
5/25/20103:14 PM
Approved By
Jeff Klatzkow
County Attorney
Date
5/26/20109:10 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date.
Office of Management &
Budget
Office of Management & Budget
6/1/20101:54 PM
Approved By
Michael Sheffield
Assistant to the County Manager
:late
County Managers Office
5/1/20103:58 PM
Agenda Item No. 16 9
June 8, 2 10
fage 5 of 4
1
1
,
!
j
J
j
I
.i
1
I
J
.1
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20_, by and
between BROOKS ENTERPRISES, INC., a dissolved Florida corporation, by and
through its sole surviving Director acting as the Board of Trustees of the corporation
pursuant to Section 607.301, F.S. (1983). whose address is c/o Richard W. Brooks,
16406 Cape Horn Blvd., Punta Gortla. FL 33955 (hereinafter referred to as "Owner").
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East. Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS. Purchaser requires a fee estate in those lands described as The East
10 feet of the NE Yc of the NE Yc of the NW Yc of the NW Yc of Section 30, Township 48
South. Range 27 East, Collier County, Florida, LESS and except the North 188.78 feet
thereof (hereinafter referred to as the "Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has a(3reed to compensate Owner for conveyance of the
Property. n -- . . . .-.' .
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. The purchase price (the "Purchase Price") for the Property shall be $500 (Five
Hundred and No Cents DOllars) (U.S. Currency) payable at time of closing,
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, shall be full
compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, anq 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 Property, and to remove all sprinkler valves and related
electrical wiring, and all other damages in connection with conveyance of said
Property to Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instrument~
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall provide such instruments, properly executed, to
Purchaser on or before the date of Closing, Owner shall cause to be delivered
to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents"):
J
(a) General Warranty Deed;
(b) Closing Statement;
,
Agenda Itdm No. 16 9
Page 2 June 8, 2 10
rage 6 of 4
j
(c) Grantor's Non-Foreig", Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of autliority 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 Purchaser,
Purchaser's counsel a,nd/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore,
Closing shall occur within JlIinety (90) days from the date of execution of this
Agreement by the Purchaser; provided, however, that Purchaser shall have the
unilateral right to extend the term of this Agreement pending receipt of such
instruments, properly executed, which either remove or release any and all
such liens, encumbrances or qualifications affecting Purchaser's enjoyment of
the Property. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to Seller," and Owner shall
deliver the Closing Documents to Purchaser in a form acceptable to Purchaser.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser.
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 Property, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet purchaser 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 Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance
of title.
6. Owner and Purchaser 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, 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.
j
Agenda It~m No. 16 9
Page3 June8,2 10
!Page 7 of 4
j
I
1
I
J
j
I
(b) Purchaser's acceptance of a deed to the said Property 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 Purchaser has any right or option to
acquire the Property 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 or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reaion whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(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 Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser 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 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 and
not to do any act or omit to perform any act which would adversely affect
the physical condition ,of the Property or its intended use by Purchaser.
(h) The Property and all uses of the 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 j:lroperty except as specifically disclosed to the
Purchaser; that the: Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity
of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
I
j
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against I
and from, and reimburse the Purchaser with respect to, any and all damages, j
claims, liabilities, laws, costs and expenses (including without limitation I
reasonable paralegal and attomey fees and expenses whether in court, out of I
court, in bankruptcy or administrative proceedings or on appeal), penalties or .
fines incurred by or asserted against the Purchaser by reason or arising out of j
the breach of any of Owner's representations under paragraph 7(h). This 1
provision shall survive Closing and is not deemed satisfied by conveyance of !
title. !
I
J
j
1
j
j
i
j
j
Agenda ItJm No. 16 9
Page 4 June 8, 2 10
fage 8 of 24
9. Purchaser shall pay all fees:to record any curative instruments required to clear 1
title, and all Warranty Deed '.recording fees. In addition, Purchaser may elect to .1.
pay reasonable processing fees required by mortgagees in connection with the
execution and delivery of aiRelease or Subordination of any mortgage, lien or ;
other encumbrance recordeCI against the Property; 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 ~s 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.
10. In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by Purchaser, Owner shall
further pay all documentary stamp taxes required on the instrument(s) of
transfer, unless the Prop13rty is acquired under threat of condemnation.
Furthermore, 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. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered' prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
12. 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.
13. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any fol'fT1 of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, subj~ct to the penalties prescribed for perjury, of the
name and address of every person having a beneficial interest in the Property
before the Property held in such capacity is conveyed to Purchaser, its
successors and assigns. ;(If the corporation is registered with the Federal
Securities Exchange COl11fTlission 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.)
14. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this writte.n
Agreement, including all e)(hibits 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
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
15. ShdUld 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.
16. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
1
Agenda 'tfj m No. 1 9
Page 5 une 8, 2 10
age 9 of 24
j
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on I
the date first above written. 1
I
1
I
,
i
l
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Fred W. Coyle, Chairman
WITNESSES:
Brooks Enterprises, Inc.,
a dissolved Florida corporation
/JJ luv..." N7 OVV Ij
(Signature)
/!c> f5 (Y\J rV/Of<. /C I J
(pri'J7ulI Name) .
~A~~
(Si~ture)
~n?~A~//~
(Print Full Name)
By:i?0-e...,{lu~./ I
Sole Surviving Director acting as the :
Board of Trustees of the Corporation
Richard W. Brooks
16406 Cape Horn Blvd
Punta Gorda, FL 33955
Approved as to form and
legal sufficiency:
}lh-,~ 7.Wl.L-
Steven T. Williams
Assistant County Attorney
Last Revised: 4/15/2010
mo'<t
<(...-N
(.00-
...-NO
0050
ZQ)"'-
EcQ)
:;:lOJ
~J~
ctl
"0
C
Q)
OJ
<(
o
<(
o
a:::
W
W
...J
~
o
~
~
o
z
<(
o
<(
o
a:::
W
0-
~
~
u.
o
z
o
I-
()
W
(f)
a:::
W
I-
Z
W
I
I-
<.9
z
S
o
I
(f)
<.9
z
S
~
o
I
I
~
I I
..
~
! .l -
.. I
.. j
I
I
I I ..-..
~
..-..
Z ..-..
............ 0 U 0
>- U) Z CO
I- 0 - '-"
0:: a::: CJi 0
<( W <(
r--+ w I (f) 0
0- () a::: a:::
0 a::: 0- W
0:: W a::: 0-
Z W ~
0- I-
0 0:: <( z ~
<( ...J W
W
0 W ~ ~
a::: 0
W Z ~ 0
W () 0
...J <( <( a:::
~ ..., a:l
~ '-" '-"
0 W l- I-
W W
~ 0:: W W
~ U. U.
- 0 0
U. N 0
0 Z .....
W <(
Z ~
...J 0
S 0::
--
,
I
I ~-~
-
a:::
I
I-
::>
o
(f)
0)0"'"
<(.,-N
(00-
.,-NO
. .,-
(' -
J)
t:. OJ
Q)":; ro
-' 0...
.@ 0
~ <(
OJ 0
<( 0:::
ill
a.
~
~
o
z
<(
0:::
ill
o
Z
<(
~
ill
0:::
~
0:::
ill
a.
o
0:::
a.
o
z
~
~
o
0:::
Z
ill
ill
~
I-
ill
CO
a.
<(
<.9
<.9
Z
~
o
I
Cf)
o
I-
o
I
a.
.....J
<(
0:::
ill
<(
~ ""
o
~f
~I
..:(
~
o
,a;.
fS
..
,
LAND APPRAISAL REPORT
IMain ~&Mf~sllfMH't~o. 16A9
June 8, 2010
2 of 24
File No Brooks
Borrower Owner: Brooks Enterprises Census Tract N/ A Map Reference S30-T 48-R27 d\:l'"
Properly Address Immokalee Rd/Kraoe Rd
City Naples County Collier State FL Zip Code 34120
_ Legal Description 304827 E 10ft of NE1/4 of the NE1/4 of the NW1/4 of the NW1/4, less and exceot the north 188.78 ft thereof.
Sale Price $ N/A Date of Sale N/A Loan Term~ yrs. Properly Rights Appraised [:::J Fee o Leasehold D De Minimis PUD
Actual Real Estate Taxes $ N/ A (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Client Collier County Gov/T ransportation Division Address 2885 South Horseshoe Drive Nanles FL 34104
Occupant vacant Appraiser Harry Henderson. SRA Instructions to Appraiser Estimate Market Value
Location DUrban ~ Suburban o Rural Good Avg. Fair Poor
BuittUp DOver 75% ~ 25% to 75% o Under 25% Employment Stability O~DO
Growth Rate o Fully Dev. o Rapid o Steady ~ Slow Convenience to Employment 0 ~DO
Properly Values o Increasing o Stable ~ DeClining Convenience to Shopping 0 ~DO
Demand/Supply o Shortage o In Balance ~ Oversupply Convenience to Schools 0 ~DO
Marketing Time o Under 3 Mos. o 4-6 Mos. ~ Over 6 Mos. Adequacy of Public Transportation 0 ~DO
Present Land Use -2Q.% 1 Family _% 2-4 Family _% Apts, _% Condo~% Commercial Recreational Facilities 0 ~DO
- --..% Industrial~% Vacant 10% church Adequacy of Utitities 0 ~DO
Change in Present Land Use o Not Likely -~ Likely{*) o Taking Place (*) Properly Compatibility 0 ~OO
. (*) From vacant To residential Protection from Detrimental Condilions 0 ~DO
Predominant Occupancy C2J Owner o Tenant _% Vacant Pollee and Fire Protection 0 ~DO
Single Family Price Range $ 90,000 to $ 400,000 Predominant Value $ 145,000 General Appearance of Properties 0 ~DO
Single Family Age New yrs, to~ yrs. Predominant Age 10 yrs, Appeal to Market 0 ~DO
Comments including those factors, favorable or unfavorable. affecting marketability (e,g, public parks, schools, view, noise): The subiect orooertv is a "less and exceot"
remnant Darcel which was orioinallv cut-out of a laroer tract for access to rear lands on the south side of Immokalee Road. This narcel has no
develonment notential as a stand-alone orooerlY. The oarcel has notential contributorv value thouoh an assemblaoe with adioinino tracts and
multi-Darcel redevelooment. The subiect is located on the south side of Immkalee Road across from the Bonita Bav Golf Course.
Dimensions 10 x 188.78 = .04 SQ. Ft. or Acres 0 Corner Lot
Zoning classnication A (AQricuilural, 1 home per 5 acre site) Present Improvements [jIj] do I.8J do not conform to zoning regulations
Highest and best use o Present use IX] Other (soecifv! assemblaoe with adioinino parcel or parcels
Public Other (Describe) OFF SITE IMPROVEMENTS T opo Level
Elec. ~ Street Access ~ Public o Private Size Much smaller than tvoical
Gas 0 Surtace Macadam Shape Rectanoular
Water 0 Maintenance ~ Public o Private View Neiohborhood
San. Sewer 0 lSJ Storm Sewer C2J Curb/Gutter Drainage Aooears to be adeouate
0 Underground Elect. & Tel. ~ Sidewalk ~ Street Liohts Is the property located In a HUD Idenmied Special Flood Hazard Area? lSJ No 0 Ves
Comments (favorable or untavorable including any apparent adverse easements, encroachments, or ol!1er adverse condllions): Zone D Comm#120067C0225G dtd 11/17/05
No adverse conditions observed.
The undersigned has recited l!1ree 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 l!1ose lIems of significant variation between the subject and comparable properties, If a significant lIem in the comparable property Is superior
to or more favorable l!1an l!1e subject property, a minus H adjustment is made thus reducing l!1e indicated value of subject: if a significant lIem in l!1e comparable is inferior 10 or less
favorable than the subject property. a plus (+) adjustment is made thus increasing the Indicated value of the subject.
ITEM T SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO.3
Address Immokalee Rd/Krape Rd South of Immokalee Rd 960 Deer Run 1170 Keri Island Rd
Naoles. FL 34120 Naoles FL 34120 Naoles FL 34120 Naoles FL 34120
Proximity to Subiect .,.... . , 0.78 miles SE 1,30 miles SE 1,30 miles SE
Sales Price It N/A ,F", It 27 892/ac ';""",,;,;<.. .' I $ 26,205/ac 1,/,',;",..".','," It 29,000/ac
Price Gross It "; ,.,' 1$ 135000 ," ':",.:,"'; It 125000 '. . "'..' <"',,,,;' '1$ 145000
Data Source OR 4550 PG 1782 OR 4437 PG 113 OR 4431 PG 1571
. Date of Sale and DESCRIPTION DESCRIPTION 1+ (- \$ Adiust. DESCRIPTION 1+ (- \$ Adiust DESCRIPTION I + (-)$ Adiust.
Time Adjustment N/A 3/10 3/09 3/09 see below
Location Rural Frinoe Rural Frinoe Rural Frinoe Rural Frinoe :
. SiteNiew .043 acres 4.84 acres : in $/ac 4.77 acres : in $/ac 5 acres : in $/ac
T oooaraohv Level/natural Level/natural Level/natural Level/natural :
Zonino A A A A
Develoo,Potential Assemblaoe Onlv Stand Alone Stand Alone Stand Alone
:
Sales or Financing N/A Cash Dr Equiv. -15,500 Cash or Equiv. -15,500 Cash or Equiv, -15.500
Concessions
Net Adi. fTotal\ ' .,', '," , ',' Il + rxl- $ .15.500 ii+rxl- :$ .15,500 I 1+ 1Xl- :$ -15,500
Indicated Value "," , 1$ 1$ 1$
,',",
of Subject " " 12,392 10,705 , ".' 13.500
Comments on Market Data: All comos are located in the rural frinoe area south of Immokalee Road. Laroe adiustments for differences in
develonment notential reflect the subiect's verY limited develooment ootential (assemblaoe onlv). A unit orice of $12,000/acre is selected as
m.ost reasonable for the subiect. .043 acres x $12.000/acre = $516.
Comments and Conditions'of Appraisal: Subiect and comps are compared on a '$/acre unit price basis thereby elimir18tiriQ the need for size
adjustments. See Limitino Conditions attached.
-
Final Reconciliation: See attached addenda for valuation of nartial takes.
-
.
I ESTIMATE THE MARKET VALUE. AS DEFINED. OF SUBJECT PROPERTY AS OF April 26. 2010 to be $ 516
Harry Henderson. SRA o Did o Old Not Physically Inspect Property
Appraiser(s\ Review Appraiser /if appiicable\
-
{Y2K]
Collier County Government
FOI11l LND - "WinTOTAL" appraisal so1tware by a la mode, Inc. - 1.800-ALAMOOE
Location Map
IMain~~~I~r~slir&IH/ft~o. 16A9
June 8. 2010
13 of 24
Cou Collier
State FL
Zi Code 34120
ortation Division
.~
"..;.~
~=. Ang.!oRd
_~_".~__ _W.:....
.~
~4.~~~~:i~\~~;rl~}~~
. R~~otR[; Rd,,,, i ,;~.'~~ .~"! ;j= .,,, "?OthAU. HE .
- - ."'PlottRd """"-"''''''-''''''''---''6--'
+~~" VI\~':i;k~.;~~,~~~'J - ~""~A:~'::::::~;
r-~ ~ ~.'
f'-'~ '
I'"
"" 64th AvoNE.'
...:~,-
:si. -:'!-b-
~.'+-
-,: _._ ....1.:.. _
~~
.+.!!
ond R~"-
Murlin. Rd-
- ----',
j;~+
----~"~.
~- ~
...tL~
---:"'- .
"
T."l' 'St..
~
::'62od.I>.voNE
I
. . 6oth~ HE
."
~
::i
58th I>.vo HE-
~
onit. 8.ach Rd SE
56th ........ HE
+ !l.la
~-;:~-:~~~-
~.", ~- ~
:2:--
:1;,
1
~, Ij'
Ig it a
-~~ -.- -'!f' ~ ~ ~~
r.'47.th"AU,e NE --jl--~ ~ ~ ~
~45th ~~ HE Ii iii ili iii
';E's~jlii""
<flil'Av.NE J
.11,
, "37th /wf: HE ,il ;,
It... .,'~
35tA Ave HE, f~JG'~/}d R~
;~~Jljell Rd.
r '
t
,fGtO.-;'
!," 4-
e"'s ..
~'- ~-~'~, ~
50th Ave HE"
~ 48th 'AveNE
la ';0 10 ~. 47th Ave HE
~_. 1ft ~ ~. ~
45th Ave HE
Shady Hollow Blvd w' B
431d Ave HE
41Sl'iw. HE
39th' Ave HE
stoM
Lake
37th Av. NlfII
35th Ave' NI'I .
..33rd /we NW,:,
37th Av. HE
, '. 35th A;;' HE
The Querry
~
is::
V\ ~
l ~
! ~
ill
.g'
~
'~~~="~'--
33rd ./w. liE'
~-~' ~
i -~.~'
2,"";
22nd M.NE
20th Ave HE 20th/we HE
18th Av.N:
lung Blvd E JungBIvd E
, 16th'Av.. liE' 16thA~e HE
Bonia
Bay East
..
Comparahle # 1
South of Immoakee Rd
0.78 miles BE
R- ,".,
~
:~~""~~<,,,p:'~daD Blvd ..'
~:.~. 44th Avo HE
S!!
2
Compar.:Jble># 2
, 960 Deer Run ..
1.30 miles BE , :
nd Ave HE'
'i!
2
h Aile HE
'.
Suhject .
lmmokalee Rd 'Krape Rd ~
( 1!IaOO !\d~
'16th ./w. HW",.
h Av. HE
i 6th' Av. HE
14th Ave NE
14th Ave liE.
14th Ave H
~ ~. ~ ~
. .
Comparable # 3 I
.1170 Keri Island Rd ,
.1.30 miles BE "
12th Ave HE
10th Ave HE
~- ~.-. ~> ~
~ ~
12th Ave NE 12th Ave H
10th AveNE 10th Ave H
~ ~ ~ ~ ~6thAveHE
~/anderbilt
Country
Club
aode,bm B.ach Rd
th 'Av. HW
Goll Club
01 the
Everglades
01
G
~ ~
~.- ~..~. ~ ~ .~
..':Q VI
~ 1ifi
iii
iii
~
:z
~
:2:
:1!E
:2: :z :2:
~ ~ :1!E
~..,. ~
:2: :z
:1!E ~
!a ~ ~ VI
:2:
~
:z :z
:1!E ~
:z
~
:z
~
ffi ~
:2:
m
iii
:4 :4
la
la
iii
VI l:C
~ _~ 6th Ave ME
th Ave HW ~
rd Av. .HW ~
l~Ave NW
lden"'at. Blvd W
tV
'"
'5-
~
;0
:2:
~
la
la
la
~ ~
;0
4th Ave HE
:2:
:1!E
20d Ave HE
~ !l!
~ '"
};'f
~ ~ ~
~
'5-
Golden Gate 81vd W Golden Gat. Blvd E ~. ti1
~~~~[i
;0
la
;0
la
;0
:::i
'5-
v.
la
la
;0
la
~
:1!E
~
~
~
:!E
~
'"
~
~
~~ U1 ~
~ ~ )0
:a ~ ~
;0
la
:;:
~ ::a \a !a ;0 2nd Ave SE
rdAve SW i
th I... SW la
~ ~
~
~
g:
~
~ ~
V'I '4""
~
m
~ ~
m m
~ ,^
m "'
:-;: 4th Aile SE
6th A\'e SE
i
: SE
th,lt,ve SIN ~ ~
~
.!:O.~.
VI;;;;:
:!Eg
'"
g:
VI Ffangipani 'Ave
~
m
>;:
~
"'
'^
1m; I
Scale
~
)C
0,6
1.2
i.;:;
@l2010 Mio::rosoft: CIitIJl @2008 Nil\lTEQ, <line! /(lrT~I~ 'lias: ,Int.
Form MAP.LOC - "WinTOTAL" appraisal software by a la mode, inc. -1.80Q-ALAMODE
IMain~~M~II~'I1r1l.Jo. 16A9
June 8, 2010
Page 14 of 24
DEFINITION OF MARKET VALUE: The most probabie 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
defintlion 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) paymenl is made in terms of cash in U.S. dollars or in terms of financial arrangemenls comparable thereto; and (5) the price
represenls the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granled by anyone associafed 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 resutt of tradtlion or law in a market area; these costs are readily idenlijiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustmenls can be made to the
comparable property by comparisons to financing terms offered by a third party instiMional 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 amounl of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the ttlle to it. The appraiser assumes that
the title is good and marketable and. therefore, will not render any opinions about the ttlle. 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 Managemenl 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 impiied. 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 hazardous 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 condtlions and makes no guaranlees 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
environmenlal 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 fumished by other
parties.
B The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professionai Appraisai 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 ot the improvements will be performed in a workmanlike manner.
10. Th~ appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's identity and professional designations. and, references to any professional appraisal.
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consuttants; 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.
Page 1 of 2
Fannie Mae Form 1004B 6.93
Freddie Mac Form 439 6,93
Collier County Government
Form ACR - "WinTOTAL" appraisal software by a la mode. inc. -1.BOO-AI.AMODE
IMain ~~&I~'eo~slll~1#t10. 16A9
June 8, 2010
Page 15 of 24
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. if a significant rtem in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe. to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conciusions, which are subject only to the contingent
and limrting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap. familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated fu1ure interest in the subject property, and neither my current or future employment nor my compensation for pertorming this
appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific resutt. or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal reporf on a requested minimum valuation. a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonabie time for exposure in the open market is a condition in the definition of market value
and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this reporf, unless I have otherwise stated in the
reconciliation section.
8. I have personally inspected the Interior and exterior areas of the subject property and the exterior of all properties iisted as comparabies in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the sublect srte, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my anaiysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effecf of the adverse condrtions on the marketability of the subject property.
9. 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 or individuals in the pertormance of the appraisal or the preparation of the appraisal report. I have named such indivldual(s) and
disclosed the specific tasks pertormed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to pertorm
the tasks. I have not authorized anyone to make a change to any rtem in the report; fherefore, if an unauthorized change is made to the appraisal report, I will take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a superviSOry appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise 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 certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: Immokalee Rd/Krape Rd, Naples, FL 34120
APPRAISER: SUPERVISORY APPRAISER (only if required):
Signature:
Name: Harry Henderson, SRA
Date Signed: April 26. 2010
State Certification #: RD3475
or State License #
-State: FL
Expiration Date of Certification or License: 11/30/10
Signature:
Name:
Date Signed:
State Certification #:
or State License #:
State:
Expiration Date of Certification or License
::J Did ~. Did Not Inspect Property
Freddie Mac Form 439 6-93
Page 2 of 2
Fannie Mae Form 1 004B 6.93
Fonn ACR - "WinTDTAL" appraisal software by a la mode, inc. -1,800.ALAMDDE
Ag.,mda Item No, 16A9
June 8, 2010
Page 16 of 24
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL C
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COpy
RECE
COLLIER COUNTY, FLORIDA, a
political subdivision ofthe State of Florida,
..,,,,,n
. .... L.'\hU
\.11.")\" ;..', """
~~} ,
Petitioner,
Case No. 03-0518-CA
W\ oet\,
1.E. &. C., i
v.
DIANE P. HAAGA, et al.,
Parcels: 117, 118A, 130
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
JANET ROMANO, by and through her undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 117, 118A, and 130 for Project No. 60018, and it appearing to the Court that
the parties are authorized to make such Motion, the Court finding that the compensation to be paid
by Petitioner is the full compensation due the Respondent, JANET ROMANO, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, JANET ROMANO, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Eight-Five
Thousand and No/lOO Dollars ($185,000.00) for Parcels 117, 118A and 130, as full payment for the
property interest taken, including statutory interest, attorney's fees, expert fees and costs, and for
damages resulting to the remainder, if less than the entire property was taken, and for 'all' other
damages in connection with said parcel; it is further
ORDERED AND ADJUDGED that the Addendum to Romano Mediation Agreement
Dated December 10, 2009 is attached hereto as Exhibit "B" and incorporated herein by reference; it
is further
j
<
Agenda Item No. 16A~
June 8, 2010
Page 17 of 24
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$89,100; it is further
ORDERED AND ADJUDGED that no additional fees and costs shall be awarded in this
case; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum Ninety-Five Thousand Nine Hundred and Noll 00 Dollars ($95,900.00), payable to the
Brigham Moore Trust Account, c/o JOM W. Little, ill, Esquire~ 250 South Australian Avenue,
Suite 1601, West Palm Beach, Florida 33401, for proper disbursem.entin accordance with the
settlement of this case; it is further
ORDERED AND ADJUDGED that fee simple title to Parcels 117, 118A and 130, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, is
approved, ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 3215, Page 576 of the Public Records of Collier
County, Florida be dismissed as to Parcels- 117, 118A and 130; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking Elf Parcels 117, 118A and 130 and that have or could have been asserted in this cause; it is
therefore
2
1
4
Agenda Item No. 16A~
June 8. 2010
Page 18 of 24
DONE AND ORDERED in Chambers at the Collier County Courthouse, Naples, Florida,
this day of
,2010.
HONORABLE CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Steven Williams, Esquire
John W. Little, ill, Esquire
Jennifer Dixon-Abbott, Esquire
Kevin Hendricks, Transportation/ECM
The original of this
document as signed
M,~R 1 9 2010
by C~NTHI<\ A. PIVACEk
CIrcuit Couri Judae 1
~,
J _
!
- '
3
~
Agenda Item No. 16A$
June 8. 201 tD
i L't
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JANET
ROMANO, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to
Parcels 117 ,U8A & 130.
Dated:
3/~PO
, ,
Dated: 3 I, C(? f / 0
~ 7. w.QL
'1
JOHN W. LE, ill, ESQUIRE
Florida Bar No. 384798
BRGHAM MOORE, LLP.
250 S. Australian Ave., Suite 160
West Palm Beach, Florida 33401
(561) 832-7862- Telephone
(561) 832-7860 - Facsimile
AITORNEY FOR RESPONDENT,
JANET ROMANO
STEVEN T. WILLIAMS, ESQUIRE
Florida BarNo. 740101
ASSISTANT COUNTY ATIORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PEmIONER,
COLLIER COUNTY, FLORIDA
03-0518/99 I
4
100' R/VI
r
.
IMMOKALEE ROAD
- S.R. 846
Notes:
78
CO
OON
Z zt')
<< .
:::l!:~"
000.
~Q::;
to
Ull-If)
wWtO
:::l!:Z
<c<C .
..., "';,0:':
o
1. This Is not a survey.
2. Basis of bearing Is N/A.
3. Subject to easements, r~ervations and
restrictions of record.
DESCRIPTION:
The Northerly 66.78 feet. of the WC5t 100
feet of Northeast 1/4, of the Northeast
1/4. of the Northwest 1/4 of the
Northwest 1/4, less the North 100 feet
rood-way for State Highway #646. Section
30, Township 46 South, Range 2.7 East,
Collier County, florida. Containing 0.197
acres more or less.
SCALE:
~~1!.:!: .
Agenda Item No. 16A9
June 8, 201 b
Page 20 of 24
N
FEE SIMPLE
INTEREST
~
o 50 100 150
00'
\~
~~ ~o~
0'
NOT TO SCALE:
AVID oJ. .
FL.... ue. N 5834-
NOT VAlID WlTHO THE S1GNAruRE AND
TliE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
SKETCH AND DESCRIPTION
WILKISON 8c
ASSOCIATES
INC._
ENGINEERS. SURVEYORS AND PLANNERS
3506 EXCt-W4GE AVE. t.lAPLES. Fl.A. 34104-
(941) 64J-Z404 fllX NO. (9+1) &43-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEe SUB w.o. NO. DRAWN BY FlLE NAME
AS NOTED 30/46/27 0014.1
EAW
00- 016- OO.OWG
owe;. NO.
IR-L-117
DATE
10/01
SHEET
1 OF 1
FB PC CHECKED BY
DJH
.J
r. .. ..
L'R~
IMMOKALEE EQAD
S.R. 846
.
.
Notes:
15
JANEl ROMp~N~ 530
.R. 1393, .
1. This Is not a survey.
2. Basis of bearing Is N/ A.
3. Subject to easements, reservations and
restrictions of record.
DESCRIPTION:
~H~~
FEE SIMPLE
INTEREST
~
o 50 100 150
~
~
\~
NOT TO SCALE:
The Northerly 88.78 feet, of th., Northeast
1/4, of the Northeast 1/4. of the
Northwest 1/4 of the Northwest 1/4, leas
the West 100 feet and les. the East 30
feet and less the 100 feet thereof, Section
:30, TownshIp 48 South, Range 27 East,
Collier County, Florldo. Containing 0.391
acres more or less.
SCAlE
,
DAVID J. HY . P.
flA. Lie. N . 58
NOT VAUD WIlli lHE S1GNA1URf AND
'THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSEO SURYEYOft AND ~APPER
SKETCH AND DESCRIPTION
WlLKISON &
ASSOCIATES
INC._
ENGINEERS, SURVEYORS AND PlANNERS
3506 EXCHANGE AVE. NAPLES, Fl.A. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS UCENSE NO. LBSnO
SEC/SUB w.o. NO. DRAWN BY FILE NAUE
AS NOTED 30/48/27 0014.1
REVlS!D 2/11/02
DA.lE
10/01
EAW
0o-OlB-QO.DWG
DWO. NO.
IR-L-l1BA
SHEET
1 Or 1
FB PC CHECKED BY
DJH
...
~
.
.. .
\100' R/W
IMMOKALEE l3.0AD
S.R. 846
'b
..,
1.8
JANET ROMANO
O.R. 1429, PG. 957
Notes:
1. This Is not a survey.
2. Basis of bearing Is N/ A.
,
3. Subject to easements, reservations and
restrictions of record.
DESCRIPTION:
The Northerly 78.00 feet, of the South
260 feet of the North 360' of the West
1/2 of the Northwest 1/4. of the
Northeast 1/4, of the Northeast 1/4 of
Section 3D, Township 48 South. Range 27
East, Collier County, Florida, less the West
30 feet thereof. Containing 0.523 acres
,more or less.
SCALE
~~!.L
Agenda :tern No. 16A9
June 8, 2010
Page 22 of 24
N
FEE SIMPLE
tNTEREST
~
o 50 100 150
\11<
..NOT TO SCALE:
AVlt> J. HY ,P.
FLA. UC. NO. 583
NOT VAUD W1lHO TIlE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSED SURVEYOR AND MAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC..
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES. F1A 3+\04
(041) 643-2404 FAX NO. (041) 643-5173
FLORIDA BUSINESS UCENSE NO. LB5770
SEc/sua W.O. NO. DRAWN BY FILE NAME
-
AS NOTED 30/48/27 0014.1
SHEET
Fe PC CHECKED BY
DATE
10/01
EAW
00-018-00.DWG
DWG. NO.
1 OF 1
DJH
IR-L-130
.J
<
Agenda Item No. 16A9
June 8, 2010
Page 23 of 2~
i
EXHIBIT'
B t~
.
l;i
~
~
~
j
Addendum to Romano Mediation Agreement Dated December 10. 2009
1
j
I
~
As a portion of the full compensation for the taking of Parcels 117 and II8A, Collier
County shall design, permit and construct, in compliance with all then existing Code and legal
standards, access to said Parcels (whether developed separately or together), at Collier County's
sole cost and expense, at such time as pcnnit(s) are obtained to develop the properties remaining,
from the taking of Parcels 117 and 118A. Said access is to be provided in a timely manner so as
to allow for the orderly and timely development of the permitted properties. If Collier County
fails ,or is unable to comply with any of its obligations under this paragraph, Defendant Janet
Romano AKA Janet Fox or her successors or assigns, shall be entitled to reopen this action and
j
i
]
j
J
1
i
I
j
1
i
1
recover damages, attorney's fees and costs in full compensation as the result of Collier County's
failure or inability to comply with this provision. The provisions of ~73.092(2) and 973.091 Fla.
Stat. (2009) shall apply if said enforcement action is brought. The Stipulated Final Judgment
shall be recorded.
",/--'
Q~,,,,-
John W. Littl , III, Esquire
Attorney for Respondent(s)
J
Agenda Item No. 16A9
June 8, 2010
Page 24 of 24
DECLARATION OF RIGHT-OF-WAY
THIS DECLARATION is made this day of , 20_,
by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Declarant. "
WHEREAS, Declarant is the owner of certain real property situated in Collier
County, Florida, which Declarant desires to set aside and reserve in perpetuity for right-
of-way, drainage and utility purposes for the benefit of the public, said portion more
particularly described as follows (and hereinafter referred to as the "Property"):
The East 30 feet of the NE ~ of the NE ~ of the NW ~ of the NW ~ of
Section 30, Township 48 South, Range 27 East, Collier County, Florida,
LESS and except the North 188.78 feet thereof.
NOW THEREFORE, Declarant does hereby set aside and specifically reserves
the Property as right-of-way for the construction and maintenance of roadway, sidewalk,
bike path, drainage and utility. facilities, which may include overhead and/or
underground electrical transmission and distribution, telephone, fiber-optic and cable
television facilities and driveway connections. This Declaration does not create any
interest, right or easement in favor of any private or public utilities.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Steven T. Williams
Assistant County Attomey
-
Last Revised:2/01107