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Agenda 02/25/2014 Item #16A172/25/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to approve the purchase of three easements required to upgrade traffic signalization at the intersection of Mercantile Avenue & Airport- Pulling Road. ( Signalization Modification Project No. 60172.) Estimated Fiscal Impact: $13,800. OBJECTIVE: To acquire three Traffic Signalization Easements (hereinafter referred to as "TSE's ") needed to replace the existing traffic signals at the intersection of Mercantile Avenue & Airport- Pulling Road. CONSIDERATIONS: TSE's are required from three property owners at this intersection in order to replace the existing traffic signals (hung from wires across the road) with mast arm assemblies. Parcel 105TSE is needed from Arnold Industrial Park, LLC, Parcel 106TSE from Tamiami Ford, Inc., and Parcel 107TSE from Sunningdale, LLC. Using the most recent comparative sales data, the Growth Management Division's Review Appraiser, Harry Henderson, SRA, has prepared appraisals of all three parcels using an estimated unit price of $653,400 an acre ($15 per square foot) and has estimated the current market value of these parcels to be: Parcel105TSE: Land: $1,200.00 Improvements: $750.00 Total: $1,950.00 Parcel 106TSE: Land: $2,940.00 Improvements: $1,000.00 Total: $3,940.00 Parcel107TSE: Land: $3,600.00 Improvements: $200.00 Total: $3,800.00 All three property owners have agreed to sell the TSE's to the County at appraised value (rounded to $4,000.00 for Parcel 106TSE) and have executed the attached easement agreements. Staff is recommending that the Board authorize the purchase of the TSE's for the aggregate purchase price of $9,750.00. FISCAL IMPACT: The estimated fiscal impact associated with this item is $13,800.00 and includes the aggregate negotiated purchase price of $9,750.00 plus recording fees, title search and lender subordination fees estimated not to exceed $4,050.00. Source of funds is Transportation Gas Tax Fund 313. The acquisition of this right -of -way will not add any cost to the annual operating and maintenance budget as the parcels will not be maintained before the Project is constructed. Operating and maintenance costs will be considered when the construction contract is brought before the Board for approval. Packet Page -447- 2/25/2014 16.A.17. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: (1) Approve the attached three Easement Agreements (Parcel 105TSE, Parcel 106TSE and Parcel 107TSE) and authorize its Chairman to execute same on behalf of the Board; (2) Accept the conveyance of Parcels 105TSE, 106TSE and 107TSE to Collier County and authorize the County Manager or his designee to record the conveyance instruments in the public records of Collier County, Florida; (3) Authorize the payment of all costs and expenses necessary to close these three transactions; (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 agreements; and (5) Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Robert Bosch, Right -of -Way Coordinator — Transportation Engineering. Attachments: 1) Easement Agreement with Exhibits "A" and "B" for Parcel 105TSE; 2) Easement Agreement with Exhibits "A" and "B" for Parcel 106TSE; 3) Easement Agreement with Exhibit "A" for Parcel 107TSE; 4) Location Map; and 5) Three Appraisal Reports (Parcels 105TSE, 106TSE and 107TSE). Packet Page -448- 2/25/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve the purchase of three easements required to upgrade traffic signalization at the intersection of Mercantile Avenue & Airport- Pulling Road. (Signalization Modification Project No. 60172.) Estimated Fiscal Impact: $13,800. Meeting Date: 2/25/2014 Prepared By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineerin 1/30/2014 11:54:01 AM Approved By Name: NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 1/30/2014 12:20:28 PM Name: MillerJohn Title: Project Manager,Transportation Engineering & Const Date: 1/30/2014 3:47:19 PM Name: BathonDale Title: Project Manager, Principal,Transportation Engineer Date: 1/30/2014 3:47:36 PM Name: GossardTravis Title: Superintendent - Roads & Bridges, Road Maintenance Date: 1/30/2014 4:30:20 PM Name: KhawajaAnthony Title: Chief Engineer - Traffic Operations, Traffic Operations Date: 2/4/2014 12:48:08 PM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 2/4/2014 2:58:39 PM Packet Page -449- 2/25/2014 16.A.17. Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 2/5/2014 9:47:25 AM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 2/5/2014 2:15:30 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 2/5/2014 2:33:17 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 2/5/2014 4:57:50 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/11/2014 3:25:10 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/12/2014 9:14:29 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2014 10:02:29 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 2/14/2014 1:32:58 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/17/2014 11:13:13 AM Packet Page -450- 2/25/2014 16.A.17 PROJECT: Traffic Signalization #60172 PARCEL No(s): 105TSE FOLIO No(s): 00274080005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2013, by and between ARNOLD INDUSTRIAL PARK, LLC, whose mailing address is 3073 Horseshoe Drive South, Suite 118, Naples, Florida 34104 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a perpetual, non - exclusive Traffic Signalization Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement ") for the purpose of construction and maintenance thereon of traffic signalization mechanisms that include a Pedestal Mounted Traffic Signal (hereinafter referred to as "Signalization Improvements "); and WHEREAS, Owner and County agree that the Signalization Improvements will be located within the Easement in substantial conformance with Exhibit "B ", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,950.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed. j 3. County shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Easement; Packet Page -451- 2/25/2014 16.A.17. Fage 1 (b) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; (f) Public Disclosure Act Disclosure Affidavit; and (g) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Packet Page -452 - k 2/25/2014 16.A.17. Page 3 Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any. existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by 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." 9. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 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. Packet Page - 453 -�` 2/25/2014 16.A.17 F'age 4 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12: Conveyance of the Easement, 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. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witne s (Sig ture) spwfJ Jt�� [- I51Snl� Name (Print or Type) tness (Signature) l 7L LX vsf : x -S -'Al Name (Print or Type) proved as to form and legality: Assistant ount Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Georgia A. Hiller, Esq. Chairwoman Arnold Industrial Park, LLC By: � a Donald L. Arnold, Manager Last Revised: 613/2013 Packet Page -454- AO; SKETCH AND DESCRIPTION LEGAL DESCRIPTION BEING A PORTION. OF TRACT 43, ACCORDING TO THE UNRECORDED PLAT OF NAPLES PRODUCTION PARK OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF TRACT 43, SAID CORNER BEING A POINT ON THE CENTERUNE OF MERCANTILE AVENUE HAVING A 60 FOOT RIGHT-OF-WAY, ALSO BEING A POINT ON THE EASTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD. RUN SOUTH 00'42'05" EAST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY OF MERCANTILE 4VENUEAL50 BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF MERCANTILE VENUE NORTH 89.21'02" EAST 30.00 FEET, THENCE LEAVING SAID RIGHT -OF -WAY SOUTH 00'42'05" EAST 8.00 FEET; THENCE SOUTH 89'21'02" WES7 10,DD FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD. THENCE NORTH 00.42'05" WEST ALONG SAID SOUTHERLY RIGHT OFWAY LINE A DISTANCE OF 8,00 FEET TO THE POINT OF BEGINNING. CONTAINING 80 SQUARE FEET MORE OR LESS. P.O.C. NORTHWEST CORNER TRACT 43 S —WEST LINE OF SECTION 36, Igo 2/25/2014 16.A.17.- 44 EXHIBIT "A' PAGE _1_ OF —11— TAMIAMI FORD INC. O.R. 1162 PG. 2234 N Nom GRAPHIC SCALE o m a ao 10.00 8 °o `a 10.00 LO ( IN IF= ) 1 Inch - 10 R. B 1/2 Z 14 Not to Boils THIS IS NOT A SURVEY AVENUE EXHI8rr Pap_ 01 °a I O S'CSE Q �a�r� �Firr�+iw� z3 z� 0 4 JtD ry 3 tD a� p g < ARNOLD INDUSTRIAL PARK LLC. CL O.R. 4870 PG. 2011 \�UTHWEST 1 CORNER" <, OF TRACT,41 =_ PREPARED BY., ^ /! e GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE EASTERLY RIGHT -OF -WAY LINE OF THOMAS J. ANDEiRSO , P.S.M. AIRPORT PULLING ROAD BEING NORTH 00'42'05" WEST. FLORIDA SURVEYOF{Ili MAPPER LS 5$04 - ROAD MAINTENANCIE COUNTY SURVEYOR 3. BASIS OF BEARING: UNRECORDED PLAT OF NAPLES PRODUCTION PARK. PARTOF SECTION 36, T -49 -S, R -25-E. COLLIER COUNTY, FLORIDA. COLLIER COUNTY 4. NOT VAUD WITHOUTTHE ORIGINAL RAISED SEAL OF A Growth Management Division FLORIDA 9 LICENSED SURVEYOR AND MAPPER. Road Maintenance Department 5. ABSTRACT NOT REVIEWED TECM _ ROW 2885 Horseshoe Drive South, Naples Florida 34104 Phone: 239-252-5810 Fax 239-252-5828 6. LEGEND: P.O.C. -POINT OF COMMENCEMENT MAY 2 9 2013 DAC SCALE: FrojociNsme FBeNo: P.O.B. = POINT OF BEGINNING Orr24 -2013 1"=10' EFICANT0.E'WDAIRPO 12036 B 36 -e4d5 Packet Page -455- H as 2/25/2014 16.A.17. g Cq Packet Page -456- r WST 117,:"r 4t {_ , j D H n^ °' w Zr, V) o: o cn a. 6¢t,l g Cq Packet Page -456- 2/25/2014 16.A.17. PROJECT: Traffic Signalization 060172 PARCEL No(s): 106TSE FOLIO No(s): 00274160006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2013, by and between TAMIAMI FORD, INC., a Florida corporation, whose mailing address is 1471 Airport- Pulling Road North, Naples, Florida 34104 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County'). WHEREAS, County requires a perpetual, non-exclusive Traffic Signalization Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement ") for the purpose of construction and maintenance thereon of traffic signalization mechanisms that include a Painted Single Mast Arm Traffic Signal Assembly and Traffic Signal Controller Cabinet (hereinafter referred to as "Signalization Improvements"); and WHEREAS, Owner and County agree that the Signalization Improvements will be located within the Easement in substantial conformance with Exhibit "B ", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement 2. Owner shall convey the Easement to County for the sum of $4,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Packet Page -457- 1 E) 2/25/2014 16.A.17. Page 2 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) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement, (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit: (e) W -9 Form; (f) Pubic Disclosure Act Disclosure Affidavit; and (g) 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: Packet Page -458 - 2/25/2014 16.A.17 Page 3 (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 faced for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder, nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. B. 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 Packet Page -459- NO 2/25/2014 16.A.17. Page 4 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 dear 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 enctxnbranoe- 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.' 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to 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. �q Packet Page -460- 2/25/2014 16.A.17. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: -9-1-3 fitness (Signature) Name Print o Ta e) Witness (Signature) Z%�royr afzdGJSd)j Name (Print or Type) Approved as to form and legality: Assistant County Attorney Lae Revised: 8/3/2013 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Georgia A. Hiller, Esq. Chairwoman TAMIAMI FORD, INC., a Florida corporation By: 'Robert T. Zellers, Pr e Packet Page -461- I G 2/25/2014 16.A.17. SKETCH AND DESCRIPTION EXHIBIT W LEGAL DESCRIPTION PAAGEI. M0.10 6 TS PAGE 1_ OF 1 BEING A PORTION OF TRACT 44, ACCORDING TO THE UNRECORDED PLAT OF NAPLES PRODUCTION PARK OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: \\�MTHWWT CORldR OF TRACT 44 COMMENCING AT THE SOUTHWEST COINER OF TRACT44, SAID CORNER BEING A POINT ON THE CENTERLINE OF MERCANTILE AVENUE HAVING A 60 FOOT RIGHT -OF -WAY, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF T AIRPORT PULLING ROAD. RUN NORTH 00'42-05" WEST, ALONG THE EASTERLY GRAPHIC SCALE RIGHT -OF -WAY LINE OF AIRPORT PUIUNG ROAD, A DISTANCE OF 3S.0D FEET TO yF THE NORTHERLY LINE OF AN EASEMENT DESCRIBED IN O.R. BOOK 2688 PG. 99 AND ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 00.42-05" WEST 18.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 89'21,02" EAST 11.00 FEET. THENCE YEW SOUTH 00'42'05" EAST MOD FEET TO A POINT ON THE NORTHERLY LINE OF AN 3 kWh " w & EASEMENT DESCRIBED IN O.R. BOOK 2688 PG. 99. THENCE SOUTH 89'21,02` a XA = 14 mt m Bomb WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 11.00 FEErM THE POINT OF BEGINNING. THIS I S NOT N CONTAINING 398 SQUARE FEET MORE OR LESS, � n A SURVEY 44 TAMIAMI FORD INC LINE OF SECTION 36, ; R -25-E. tt.00 O.R. 1162 PG. 2234 - T -49-5, w 0 11.00 z ssm oz w r O <S O.R. 28x8 P &99 � I.L Z 0 t1. DC oS 8 _ n 0 P.O.C. Z SOUTHWEST CORNER TRACT 4.4 MERCANTILE AVENUE 60' RIGHT -OF -WAY pp� ter,•; w � �,- .• r BY. GENERAL NOTES: r -ecn - �, Y 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE EASTERLY RIGHT- OF-WAY LINE OF 1 . P.S K AIRPORT PULLING ROAD BEING NORTH 00'42'05" WEST, RZIRKW ���x� P8iLlBRVRW YOfi ' ROADNN 00MUNY ' g .- 3. BASIS OF BEARING: UNRECORDED PLAT OF NAPLES PRODUCTION PARK PART OF SECTION 36, T-45-S, R -25-E. COLLIER COUNTY, FLORIDA COLLIER COUNTY 4. NOT VAUD WITHOUT THE ORIGINAL RAISED SEAL OF A Growth Management OMSIOn FLORIDA LICENSED SURVEYOR AND MAPPER Road Maintenance Depa►trnent 5. ABSTRACT NOT REVIEWED TECM - ROW 2885 Horseshoe Drive South, Naples Florida 34104 6. LEGEND: MAY t Phana239- 252-5810 Fax 239-2S2-S828 P.O.C. =POINT OFCOMMENCEMENf I'U41 Z 9 20`3 ��: P.O.B. = POINT OF BEGINNING �ls -2013 V -11� WANIIIENO 12036 Packet Page -462- m H H W H >C w 2/25/2014 16.A.17. t �q Packet Page -463- 2/25/2014 16.A.17. PROJECT: 60172 PARCEL No(s): 107TSE FOLIO No(s): 26733361003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2013, by and between , SUNNINGDALE LLC, a Florida limited liability company, whose mailing address is 8728 Purslane Drive, Naples, FL 34109, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a traffic signal 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: $3,800.00 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, and the removal of the large tree at the sidewalk, 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, if any, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easement; Packet Page -464- G 2/25/2014 16.A.17. Page 2 (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) Limited Liability Company Affidavit; (f) W -9 Form; and (g) 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." 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, Packet Page -465- 0 2/25/2014 16.A.17 Page 3 without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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." 10. The County shall remove the large tree located near the sidewalk at the County sole cost and expense. Packet Page - 466 - 2/25/2014 16.A.17. Page 4 11. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 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 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.) 14. 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. 15. 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. 16. 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: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GEORGIA A. HILLER, ESQ., Chairwoman Packet Page -467- G AS TO OWNER: DATED: J12,6 A W tness (Signature) ) t 'rry C NaTe (Print or Type) Witness (Signature) LA/ r. Name (Print or Type) Approved as to form and legality: g� p3(13 Assistant County Attorney Last Revised: 6/3/2013 2/25/2014 16.A.17. Page 5 SUNNINGDALE LLC, a Florida limited liability company ROG R F. WARREN Managing Member Packet Page -468- 2/25/2014 16.A.17. EXHIBIT N SKETCH AND DESCRIPTION N0. PA 1 o7'TSE LEGAL DESCRIPTION M. BEING A PORTION OF LOT 79 COCONUT RIVER UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF LOT 79 COCONUT RIVER UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OFTHE PUBLIC RECORDS OF COWER COUNTY, FLORIDA ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD. RUN SOUTH 00'42'05" EAST, ALONG THE WESTERLY RIGHT -OF -WAY LINE OF AIRPORT PULUNG ROAD, A DISTANCE OF 46.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT -OF -WAY SOUTH 00'42105' EAST 22.00 FEET; THENCE LEAVING SAID RIGHT -0F -WAY SOUTH 89'1755" WEST 11.00 FEET; THENCE NORTH 00'42'05" WEST 22 -00 FEET. THENCE NORTH B9'17'SS" 11.00 FEET TOTHE POINT OF BEGINNING. CONTAINING 242 SQUARE FEET MORE OR LESS SOUTHERLY 60' RIGHT- OF=WAY CLIPPER WAY LOT 79 O.R. 4679 PG. 1106 M_ i 11.00 o ci N C4 N 11.00 " GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALSTHEREOF. 2. BEARINGS ARE BASED ON THE WESTERLY RIGHT- OF-WAY LINE OF AIRPORT PULLNG ROAD BEING SOUTH 00'42'05" EAST. 3. BASIS OF BEARING: COCONUT RIVER UNIT NO. 1, AS RECORDED IN PLAT BOOK 3 PAGE 58 COLLIER COUNTY, FLORIDA 4. NOT VAUD WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5. ABSTRACT NOT REV) EWED TECM - ROW 6. LEGEND: MAY L q 9 ZOS3 P.O.C. = POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING .o.C. • PREPARED BY: _.r r EXHIBIT "A" PAGE 1_ OF 1_ N Ri m GRAPHIC SCALE 0 10 N m ( III!!m) 1 Imh - 10 1L B 1/8 Z 14 Not to soak THIS IS NOT A SURVEY WEST LINE OF SECTION 36 T -49 —S, R -25 —E THOMAS J. ANDERSON, P.S.M. - FLORIDA SURVEYOR /b MAPPER LS 6804 ROAD MAINTENANCE COUNTY SURVEYOR LL O F= x L7 it Packet Page -469- cA Cn z w m w N Q w 0 w Cn O CL O m IL UL O z O Q U O J N ti r O CD O z H U w 3 O w a z O a U U. 3 O z 0 a N J a z O N 2/25/2014 16.A.17. Packet Page -470- 2/25/2014 16.A.17. SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT PROJECT NAME: Signalization Modification Project#60172 PARCEL NUMBER: 105TSE PARENT TRACT SIZE: 4.19 ac OWNER'S NAME: Arnold Industrial Park, LLC 3382 Mercantile Ave., Naples, FL 34104 (main address) 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 public 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, for 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 for self interest, and assuming that neither is under any undue stimulus to act. LEGAL DESCRIPTION: Parent Tract- 36 49 25 N1/2 of N 658.6ft of S 2005.8ft of W112 of W112 of NW114, less RIW 4.19 ac SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED, PROPERTY HISTORY: The last recorded sale of the improved property was for $6,200,000 on 1211212012. PRESENT ZONING: C -5 Commercial 11 FUTURE LAND USE: Commercial - Industrial 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, economic /market trends) the maximally productive use of the subject property would be for general commercial development, as evidenced by existing development of the property (mixed retailloffi cell ig ht industrial). DESCRIPTION OF SUBJECT PROPERTY: The subject parent tract is located at the S/E comer of Mercantile Avenue and Airport- Pulling Rd, Naples. This property has various street addresses. This property is currently developed and utilized as a multi - tenant, multiunit, multi building commercial complex (retail, service and general business users). 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. 6780 Airport- Pulling Rd, Naples Sale Price: $5,100,000 Sale Date: 4113 2. SM cor Airport- Pulling Rd /N. Horseshoe Dr. Naples Sale Price: $1,469,700 Sale Date: 12112 3. N/E cor Airport - Pulling Rd /Great Blue Dr, Naples Sale Price: $2,100,000 Sale Date: 5112 DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale #1 is an 11.85 acres commercial -PUD zoned tract which was improved at the time of sale as a small amusement park. This Packet Page -471- 2/25/2014 16-A-17- SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT was purchased for re- development as a new car dealership. The existing improvements have no contributory value. The sale price reflects a unit/price for the land of $10.111sf. Sale #2 is a 2.15 acre vacant parcel with BP (Business Park zoning) within the Collier Park of Commerce (Airport Rd frontage). The tract was purchased for development as a gas station /convenience store. The sale price reflects a unit/price of $15.611sf. Sale #3 is a 2.90 acre commercial -PUD zoned tract which had been utilized for parking associated with an adjacent car dealership (now defunct). Improvements are limited to minor site improvements (curbing, paving lighting). The site was purchased for the expansion of the St Mathews House facilities (dining hall, administrative offices, training rooms). The sale price reflects a unitiprice of $16.631sf. Significant weight given to comp #1 which is most similar in size to the subject. Strong consideration is also given to comp #2 which is most proximate to the subject. A unit price of $151sf ($653,4001acre) is therefore selected as most reasonable forthe subject lands. Value Estimate, Parent Tract Land: 4.19 acres x $653,400/acre = $2,738,000 (rounded). Proposed Taking Parcel,105TSE: This is a permanent traffic signal easement needed for the installation of a traffic signal and related equipment plus cableslwiring. The proposed easement is 8 feet along Mercantile Ave by 10 feet along Airport- Pulling Rd. The total land area is 80 sf. The proposed easement uses represent an encumbrance factor of 99% of the full fee simple interest. The easement area compensation is therefore valued as follows: $15/sf x 99% x 80 sf area = $1,200 (rounded). Improvements: Site improvements within the proposed easement area are very minor in nature (shrubs). A $750 allowance for any site improvements in the area is judged to be more than adequate for these items. No impacts to signage or sign lighting located in the general area. Damages /Cure: No damages or associated cures result from the proposed taking parcel. SUMMARY OF VALUES: Parcel 106TSE TOTAL LAND VALUE ................ $1,200 TOTAL VALUE OF IMPROVEMENTS .... $ 750 Damages: $ 0 TOTAL COMPENSATION ............. $1,950 Page 2 Packet Page -472- SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT LAST PROPERTY INSPECTION DATE: II DATE OF VALUE: SIGNATURE OF APPRAISER: 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, ctRTIFILH i u � -- �rrxA1SAL 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 1 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 - 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. Harry Henderson, SRA Review Appraiser Collier County, Florida RD3475 Page 3 SKETCH AND DESCRIPTION LEGAL DESCRIPTION BEING A PORTION OF TRACT 43, ACCORDING TOTHE UNRECORDED PLAT OF NAPLES PRODUCTION PARK OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43, SAID CORNER BEING A POINT ON THE CENTERUNE OF MERCANTILE AVENUE HAVING A 60 FOOT RIGHT -OF -WAY, ALSO BEING A POINT ON THE EASTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD. RUN SOUTH 00'42'05" EAST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD, A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY OF MERCANTILE AVENUE ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF MERCANTILE VENUE NORTH 89'21'02" EAST 10.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY SOUTH 00'42'05" EAST 8.00 FEET; THENCE SOUTH 89'21'02" WEST 10.00 FEETTO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD. THENCE NORTH 00'42'05" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 8.D0 FEET TO THE POINT OF BEGINNING. CONTAING 80 SQUARE FEET MORE OR LESS. Q J J a P.O.C.-' NORTHWEST CORNER TRACT 43 2/25/2014 16.A.17. 44 ExHIBIT -A- PAGE _1_ OF _1_ TAMIAMI FORD INC. O.R. 1162 PG. 2234 N vur waax GRAPHIC SCALE o w m m (1Nrm) 1 hwh - 10 tG E 1/2 Z 14 Not to Boat THIS IS NOT A SURVEY MERCANTILE a 0 0 ST IJNE OF SECTION 36, T -49 —S, R -25 —E: GENERAL NOTES: 1. DIMENSIONSARE IN FEET AND DECIMALSTHEREOF. 2. BEARINGS ARE BASED ON THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD BEING NORTH 00'42'05" WEST. 3. BASIS OF BEARING: UNRECORDED PLAT OF NAPLES PRODUCTION PARK. PART OF SECTION 36, T -49 -5, R -2S-E. COLUER COUNTY, FLORIDA. 4. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5. ABSTRACT NOT REVIEWED 6. LEGEND: P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING 10.00 o ° o ° °D 10.00 CD 43 O m ARNOLD INDUSTRIAL PARK LLC. O.R. 4870 PG. 2011 ITHWEST CORNER OF TRACT 43 PREPARED BY: THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOR d MAPPER LS 5804 ROAD MANJTENANCE COUNTY SURVEYOR Packet Page -474- 2/25/2014 16.A.17 SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT PROJECT NAME: Signalization Modification Project PARCEL NUMBER:106TSE PARENT TRACT SIZE: 7.83 acres OWNER'S NAME: Tamiami Ford, Inc 1471 Airport Rd N., Naples, FL 34104 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 public 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, for 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 for self interest, and assuming that neither is under any undue stimulus to act. LEGAL DESCRIPTION: Parent Tract- 36 49 25 W112 of W112 of NW114, less S 2005.8ft, less RM, less E 215ft of E 200ft 7.83 ac OR 1162 PG 2234 SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED. PROPERTY HISTORY: The subject property last sold in 1985. PRESENT ZONING: C -5 Commercial II FUTURE LAND USE: Commercial - Industrial 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 general commercial development, as evidenced by existing development of the property (car dealership). DESCRIPTION OF SUBJECT PROPERTY: The subject parent tract is located at the WE corner of Mercantile Avenue and Airport- Pulling Rd, Naples. This property has a street address of 1471 Airport Rd N. This property is currently developed and utilized as an automobile dealership (new -used car sales and service. Building and site improvements reflect this usage. 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. 6780 Airport- Pulling Rd, Naples Sale Price: $5,100,000 Sale Date: 4113 2. SM cor Airport- Pulling Rd /N. Horseshoe Dr. Naples Sale Price: $1,469,700 Sale Date:12112 3. WE cor Airport- Pulling Rd /Great Blue Dr, Naples Sale Price: $2,100,000 Sale Date: 5112 DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale #1 is an 11.85 acres commercial -PUD zoned tract which was improved at the time of sale as a small amusement park. This property was purchased for re- development as a new car dealership. The existing improvements have no contributory value. The sale price reflects Packet Page -475- 2/25/2014 16.A.17. SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT a unit/price for the land of $10.111sf. Sale #2 is a 2.15 acre vacant parcel with BP (Business Park zoning) within the Collier Park of Commerce (Airport Rd frontage). The tract was purchased for development as a gas station /convenience store. The sale price reflects a unitlprice of $15.671sf. Sale #3 is a 2.90 acre commercial -PUD zoned tract which had been utilized for parking associated with an adjacent car dealership (now defunct). Improvements are limited to minor site improvements (curbing, paving lighting). The site was purchased for the expansion of the St Mathews House facilities (dining hall, administrative offices, training rooms). The sale price reflects a unit/price of $16.631sf. Significant weight given to comp #1 which is most similar in size to the subject. Strong consideration is also given to comp #2 which is most proximate to the subject. A unit price of $15/sf ($653,4001acre) is therefore selected as most reasonable for the subject lands. Value Estimate, Parent Tract Land: 7.83 acres x $653,4001acre = $5,116,000 (rounded). Proposed Taking Parcel,106TSE: This is a permanent traffic signal easement needed for the installation of a mast arm, controller cabinet and related cables/wiring. The proposed easement is 11 feet along Mercantile Ave by 18 feet along Airport- Pulling Rd. The total land area is 198 feet sf. The proposed easement uses represent an encumbrance factor of 99% of the full fee simple interest. The easement area compensation is therefore valued as follows: $151sf x 99% x 198 sf area = $2,940. Improvements: Site improvements within the proposed easement area are very minor in nature (grass, shrubs, and decorative stones). A $1,500 allowance for any site improvements in the area is judged to be more than adequate for these items. No impacts to signage or sign lighting located in the general area. Damages /Cure: No damages or associated cures result from the proposed taking parcel. SUMMARY OF VALUES: Parcel 106TSE TOTAL LAND VALUE ................ $ 2,940 TOTAL VALUE OF IMPROVEMENTS .... $1,000 Damages: $ 0 TOTAL COMPENSATION ............. $ 3,940 Page 2 Packet Page -476- 2/25/2014 16.A.17. SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT LAST PROPERTY INSPECTION DATE: 11 DATE OF VALUE: SIGNATURE OF APPRAISER: 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. Harry Henderson, SRA Review Appraiser Collier County, Florida RD3475 Page 3 Packet Page -477- SKETCH AND DESCRIPTION P*JkEI- NO, 10 6 TS 1= LEGAL DESCRIPTION BEING A PORTION OF TRACT ",ACCORDING TOTHE UNRECORDED PLAT OF NAPLES PRODUCTION PARK OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 44, SAID CORNER BEING A POINT ON THE CENTERLINE OF MERCANTILE AVENUE HAVING A 60 FOOT RIGHT -OF -WAY, ALSO BEING A POINT ON THE EASTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD. RUN NORTH 00'42'05- WEST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD, A DISTANCE OF 35.00 FEET TO THE NORTHERLY LINE OF AN EASEMENT DESCRIBED IN O.R. BOOK 2688 PG. 99 AND ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 00'42'05" WEST 18.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY NORTH 89'21'02" EAST 11.00 FEET; THENCE SOUTH 00'42'05" EAST 18.00 FEETTO A POINT ON THE NORTHERLY LINE OF AN EASEMENT DESCRIBED IN O.R. BOOK 2688 PG. 99. THENCE SOUTH 89'21'02" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. CONTAINING 198 SQUARE FEET MORE OR LESS. 2/25/2014 16.A.17. EXHIBIT W PAGE _1_ OF 1THWEST CORNER OF TRACT 44 N our NORTH GRAPHIC SCALE o To Is as ( iN riw 1 inch - 10 R B 1A Z 14 Not to Bode THIS IS NOT A SURVEY TAMIAMI FORD INC. T UNE OF SECTION 36, N89. 1' - O.R. 1162 PG. 2234 T -49 —S, R -25—E. 11.00 w _ LO S o° m od a = P.O.B. F- 0 11.00 z S8971 '02'W Q Q O.R. 2688 PG.99 0 3 LL Lo 0 z F J = J � d C ; i,- 0 p O a M � � O a P.O.C. Z SOUTHWEST CORNER TRACT 44 GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE EASTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD BEING NORTH 00'42'05" WEST. 3. BASIS OF BEARING: UNRECORDED PLAT OF NAPLES PRODUCTION PARK. PART OF SECTION 36, T -49 -S, R -25-E. COLLIER COUNTY, FLORIDA. 4. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, S. ABSTRACT NOT REVIEWED TECM - ROW 6. LEGEND- P.O.C. = POINT OF COMMENCEMENT MAY 2 9 2013 P.O.B. = POINT OF BEGINNING MERCANTILE AVENUE 60' RIGHT OF -WAY PREP. F3ED BY: o THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOWB MAPPER LS 5804-,• ROAD MAINTENANCE COUNTY SURVEYOR I COLLIER COUNTY Growth Management Division Road Maintenance Department 2885 Horseshoe Drive South, Naples Florida 34104 Phone•. 239-252-5910 Fax 239 -252 -5828 Dec: SCALE: FE= t Name: Fie No: 055 -•8 -2013 1 N � 10, NTILEANDAIRPO 12036 A 3649-25 Packet Page -478- 2/25/2014 16.A.17. SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT PROJECT NAME: Signalization Modification Project#60172 PARCEL NUMBER:107TSE PARENT TRACT SIZE: .29 acres OWNER'S NAME: Sunningdale LLC 1440 Airport Rd N, Naples, FL 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 public 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, for 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 for self interest, and assuming that neither is under any undue stimulus to act. LEGAL DESCRIPTION: Parent Tract- Coconut River #1 N 90ft of Lot 79 SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED. PROPERTY HISTORY: The last recorded sale of the improved property was for $230,000 on 04/2012011. II PRESENT ZONING: C -3 Commercial II FUTURE LAND USE: Commercial 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, economic /market trends) the maximally productive use of the subject property would be for general commercial development, as evidenced by existing development of the property (automotive related retail /service). DESCRIPTION OF SUBJECT PROPERTY: The subject parent tract is located on the west side of Airport- Pulling Road across from Mercantile Avenue, Naples. This property is currently developed and utilized as a automotive repair /service facility (quick lubelauto glass tinting). 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. 6780 Airport- Pulling Rd, Naples Sale Price: $5,100,000 Sale Date: 4/13 2. SM/ cor Airport- Pulling Rd /N. Horseshoe Dr. Naples Sale Price: $1,469,700 Sale Date: 12/12 3. WE cor Airport- Pulling Rd /Great Blue Dr, Naples Sale Price: $2,100,000 Sale Date: 5/12 DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale #1 is an 11.85 acres commercial -PUD zoned tract which was improved at the time of sale as a small amusement park. This property was purchased for re- development as a new car dealership. The existing improvements have no contributory value. The sale price reflects Packet Page -479- 2/25/2014 16.A.17. SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT a unit/price for the land of $10.111sf. Sale #2 is a 2.15 acre vacant parcel with BP (Business Park zoning) within the Collier Park of Commerce (Airport Rd frontage). The tract was purchased for development as a gas stationiconvenience store. The sale price reflects a unit/price of $15.671sf. Sale #3 is a 2.90 acre commercial -PUD zoned tract which had been utilized for parking associated with an adjacent car dealership (now defunct). Improvements are limited to minor site improvements (curbing, paving lighting). The site was purchased for the expansion of the St Mathews House facilities (dining hall, administrative offices, training rooms). The sale price reflects a unit/price of $16.631sf. Equal weight given to all land sales cited. A unit price of $15/sf or $653,400/acre is selected as most reasonable for the subject lands. Value Estimate, Parent Tract Land: .29 acres x $653,4001acre = $189,500 (rounded). Proposed Taking Parcel,107TSE: This is a permanent traffic signal easement needed for the installation of a traffic signal and related equipment plus cables /wiring. The proposed easement is 11 feet deep by 22ft frontage along Airport- Pulling Rd. The total land area is 242 sf. The proposed easement uses represent an encumbrance factor of 99% of the full fee simple interest. The easement area compensation is therefore valued as follows: $15/sf x 99% x 242 sf area = $3,600 (rounded). Improvements: Site improvements within the proposed easement area are very minor in nature (sod). A $200 allowance for any site improvements in the area is judged to be more than adequate for these items. No impacts to signage or sign lighting located in the general area. As part of this project Collier County will remove an existing tree for the convenience of the property owner. Damages /Cure: No damages or associated cures result from the proposed taking parcel. SUMMARY OF VALUES: Parcel 107TSE TOTAL LAND VALUE ................ $ 3,600 TOTAL VALUE OF IMPROVEMENTS .... $ 200 Damages: $ 0 TOTAL COMPENSATION ............. $ 3,800 Page 2 Packet Page -480- 2/25/2014 16.A.17 SHORT FORM APPRAISAL - COLLIER COUNTY REAL PROPERTY DEPARTMENT FORMAT LAST PROPERTY INSPECTION DATE: 06/1412013 II DATE OF VALUE: 0611412013 SIGNATURE OF APPRAISER: 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. Page 3 Packet Page -481- Harry Henderson, SRA Review Appraiser Collier County, Florida RD3475 2/25/2014 16.A.17. SKETCH AND DESCRIPTION EXHIBIT "A" pApX& N0. o7TSE PAGE _1_ OF _1_ LEGAL DESCRIPTION 6. LEGEND: BEING A PORTION OF LOT 79 COCONUT RIVER UNIT NO. 1, ACCORDING TOTHE PLAT P.O.C. = POINT OF COMMENCEMENT THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OF THE PUBLIC RECORDS OF COWER COUNTY, P.O.B. - POINT OF BEGINNING FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF LOT 79 COCONUTRIVER UNIT NO. 1, ACCORDING TOTHE PLAT N THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO RAT BEING A POINT ON THE WESTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD. RUN SOUTH 00'42'05" EAST, NOM ALONG THE WESTERLY RIGHT -OF -WAY LINE OF AIRPORT PULLING ROAD, A DISTANCE OF 46.13 FEET TO THE GRAPHIC SCALE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT -OF -WAY SOUTH 00'42'05" EAST 22.00 + FEET; THENCE LEAVING SAID RIGHT -OF -WAY SOUTH 89'17'55" WEST 11.00 FEET; THENCE NORTH 00'42'05" _ WEST 22.00 FEET. THENCE NORTH 89'17'55" 11.00 FEET TOTHE POINT OF BEGINNING. � IN >t CONTAINING 242 SQUARE FEET MORE OR LESS. 1 inoh - 10 10 iL 8 1/8 Z 14 Not to goals SOUTHERLY O.C. THIS I S NOT 60' RIGHT- OF-WAY CLIPPER WAY n SURVEY WEST LINE OF SEC11ON 3 T -49 -S, R -25 -E W In O N LOT 79 Q.R. 4679 PG. 1106 11.00 g O O N N N 11.00 GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALSTHEREOF. 2. BEARINGS ARE BASED ON THE WESTERLY RIGHT- OF-WAY LINE OF AIRPORT PULLING ROAD BEING SOUTH 00'42'05" EAST. 3. BASIS OF BEARING: COCONUT RIVER UNIT NO. 1, AS RECORDED IN PLAT BOOK 3 PAGE 58 COLLIER COUNTY, FLORIDA. 4. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER. 5. ABSTRACT NOT REVIEWED - ROW T`` 6. LEGEND: MAY I�HI 2 9 20t13 P.O.C. = POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING • PREPARED BY: THOMAS J. ANDERSON. P.S.M. FLORIDA SURVEYO/S MAPPER LS 5804 ROAD MAINTENANCE COUNTY SURVEYOR Packet Page -482- LL O L7 w