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Agenda 05/13/2014 Item #16A18 5/13/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the acquisition of a temporary construction easement required for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. (Project No. 60123.) Estimated Fiscal Impact: $650. OBJECTIVE: To acquire a temporary construction easement needed for construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal (Project). CONSIDERATIONS: Collier County is seeking to acquire Parcel 101TCE, a temporary construction easement (TCE), needed for construction of the Project. The TCE is situated along the road frontage of a parent tract owned by Opportunities Real Estate Fund, LLLP. The unimproved parent tract is located on the north side of 28th Avenue Southeast where it crosses the Miller Canal. The TCE is 2,022 square feet in extent, 142 feet in length, varies in width from 10 to 40 feet, and has a duration of 2 years. The appraised value of the TCE is $100.00. Please refer in this regard to the attached appraisal report, dated October 5, 2013, prepared by the Growth Management Division's Review Appraiser, Harry Henderson, SRA. The attached easement agreement reflects a negotiated full compensation amount of$500. Staff recommends that the Board of County Commissioners (Board) approve the easement agreement. If this parcel is not acquired by negotiation, it will have to be condemned and the County will be liable for payment of the owner's attorney's, appraiser's and other experts' fees and costs, which will far exceed the $400 difference between the appraised value and the negotiated compensation amount. FISCAL IMPACT: Funds in the amount of$650, being the purchase price of $500 and title work costs and recording costs of $150, will be paid from Stormwater Capital Improvement Fund 325. The source of funds is a transfer from the General Fund. 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. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: I. Approve the attached easement agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 101 TCE and authorize the County Manager, or his designee, to record the conveyance instrument in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; Packet Page-576- 5/13/2014 16.A.18. 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 of the Board. Prepared by: Robert Bosch, Right-of-Way Coordinator, Transportation Engineering Attachments: (1) Easement Agreement with Exhibit "A"; (2) Location Map; and (3) Appraisal Report dated October 5, 2013. Packet Page -577- 5/13/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to approve an easement agreement for the acquisition of a temporary construction easement required for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. (Project No. 60123.) Estimated Fiscal Impact: $650. Meeting Date: 5/13/2014 Prepared By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineering&Construction Management 4/17/2014 1:59:08 PM Approved By Name: HendersonHarry Title: Review Appraiser, Transportation Engineering&Construction Management Date: 4/17/2014 2:58:55 PM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineering&Construction Management Date: 4/18/2014 7:53:10 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 4/18/2014 9:20:35 AM Name: AhmadJay Title: Director-Transportation Engineering,Transportat Date: 4/18/2014 10:51:23 AM Name: GossardTravis Title: Superintendent-Roads &Bridges, Road Maintenance Date: 4/21/2014 8:08:15 AM Name: CoxShane Title: Project Manager, Senior,Road Maintenance Packet Page-578- 5/13/2014 16.A.18. Date: 4/22/2014 9:09:47 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administration Date: 4/23/2014 8:02:46 AM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 4/23/2014 11:10:36 AM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 4/24/2014 9:01:27 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 4/25/2014 8:14:57 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 4/25/2014 11:45:25 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/25/2014 1:36:25 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 4/29/2014 12:14:24 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/29/2014 4:17:21 PM Packet Page -579- 5/13/2014 16.A.18. PROJECT: 28th Avenue SE Bridge Construction Project No. 60123 PARCEL: 101TCE FOLIO: 41340240000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT h inafter ref rred to as the "Agreement") is made and entered into on this I0 r day of 0-Q ( i , 2014, by and between OPPORTUNITIES REAL ESTATE FUND, LLLP, a Florida limited partnership, whose mailing address is 8461 SW 11th Road, Gainesville, FL 32607-7017 (hereinafter referred to as "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, 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, the County requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of- way immediately adjacent thereto, AND for the purpose of constructing a temporary access road over culvert extensions placed in the canal adjacent thereto, during the pendency of the bridge construction in the Miller Canal Drainage Easement; subject to the restrictions contained herein; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are 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 TCE to County for the sum of $500.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant 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 Packet Page-580- AU 5/13/2014 16.A.18. 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 Hens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE 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) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller". 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. Packet Page -581- 5/13/2014 16.A.18. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, 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 TCE 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 TCE 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 TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, 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 TCE. (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 TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE 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 TCE 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 TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. Packet Page -582- CA 5/13/2014 16.A.18. (h) The property underlying the TCE, 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 TCE 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 TCE 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 TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. 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 6(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 TCE recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; 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. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the 28th Avenue Southeast Bridge Construction Project No. 60123, and shall automatically terminate 730 days therefrom. 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, Packet Page -583- (.1) 5/13/2014 16.A.18. personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the TCE 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 TCE before the TCE held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Packet Page -584- CA 5/13/2014 16.A.18. • AS TO OWNER: OPPORTUNITIES REAL ESTATE q--10- tt tt FUND, LLLP, a Florida limited DATED: \`-1 partnership 1 ' .± le1� I By: of ess (Signature) / Ayesha Albibi, General Partner N-0 e (Print or Type) ' e"T tness (Signatur-) \a1a “s►aL0o Name (Print or Type) Approved as to form and legality: Assistant County Attorney Packet Page -585- es EXHIBIT 5/13/2014 16.A.18. NOTES: a 1, BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF ° ,� TRACT 6 AS SHOWN ON THE GOLDEN GATE ESTATES, UNIT NO 88 W o!�" SUBDIVISION AS RECORDED IN PLAT BOOK, 5 PAGE 27, BEING ii 0''''Y S 89'40'50" E 0 15' 30' 60' `^ I z W 4.2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND SCALE: 1" = 30' a -e DECIMALS THEREOF. o 3. THIS SKETCH do DESCRIPTION IS NOT VALID WITHOUT THE THIS PLAN MAY HAVE BEEN ENLARGED SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA OR REDUCED FROM INTENDED DISPLAY SURVEYOR AND MAPPER, NO ADDITIONS OR DELETIONS TO THIS SCALE FOR REPRODUCTION REASONS _ ° PLAN ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT f- OF THE SIGNING PARTY'. Z 4. REVISED PER COUNTY COMMENTS, 15 JULY 2013. W ~ W Nni to w w WWM 0 zz z 1.- zo W� co r0} E W j A PORTION OF TRACT 6 co a 0 HO 01 GOLDEN GATE ESTATES, UNIT NO. 88 0 Lo `�U awry w PB 5, PG 27 (JD >-o < En O= ?NOn o_ 9° Vv10_ bo uz w�,-1 I- 0 Zi- Cv7 z W d v c LANDS NOW OR FORMERLY OF a m,� >o In Z ,p J�z J a O a w Sri m ry_b OPPORTUNITIES REAL ESTATE FUND, LLLP i-vi N o x y U W Z� y 0 Q Q CO c0,• PARCEL 14 - OR 4600, PG 2584 L,_ a L..a a = I- •U OF- z w o FOLIO NO. 41340240000 0 I- o Q U< Z - W cn U W as) w a>-....,n �� o PROPOSED --.�- cc w CO o a O o D TEMPORARY v° a CD z a° §v o �w w CONSTRUCTION '° d z •< 0 4 N o ' 69 EASEMENT g g w to o °v ,..,`1,/8.,'�8' S 84°40'50"E 92.06' `� 1-- z 1 N 89'40'50" W 5.36' 1 , N 89°40'50"W 142.17' P.O.B.- w 'A. -9. I 1_ ^O C S m C o W ^ 28th AVENUE SE °' •n 4°a c € Qp4�N b $03 • n .m0 NY ti W'T o a S 89'40'50" E (BEARING BASIS - SOUTH UNE OF TRACT 6) z <°d`" a N o• v m m w o z - a E. o R i- W` ' P.O.C. a m I O 2 m SOUTHEAST CORNER OF c °' = m b O PARCEL 14 - OR 4600, PG 2584 g 3 U T a - s.. 1 c m m N lV " — A PORTION OF TRACT 5 m F L GOLDEN GATE ESTATES, UNIT NO. 88 1 a; o CC PB 5, PG 27 a 0 m o% LANDS NOW OR FORMERLY OF B GOLDEN LAND PARTNERS, LLC PARCEL 21 - OR 4724, PG 2096 "_ 1 FOLK NO. 41340200105 m v 1 c 1 C C N PROPERTY DESCRIPTION A TEMPORARY CONSTRUCTION EASEMENT LYING IN SECTION 30, TOWNSHIP N I-1 '� m w 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY FLORIDA, BEING MORE Q [% 5 0 PARTICULARLY DESCRIBED AS FOLLOWS; = c " w °ll QS v COMMENCING AT THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN J '�' OFFICIAL RECORDS BOOK 4600, PAGE 2584 OF THE PUBLIC RECORDS OF ' c' COLLIER COUNTY, FLORIDA, THENCE RUN ALONG THE EAST UNE OF SAID 1. • r'o LANDS, NORTH 00'19'07" EAST FOR A DISTANCE OF 30.0D FEET TO A O ^Q c- POINT ON THE NORTH LINE OF THE 60' WIDE ROADWAY AS SHOWN ON THE C3 a I COI DEN GATE ESTATES, UNIT NO. B8 SUBOMSION, RECORDED IN PLAT N L. '- m BOOK 5, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; N Cr) rI w 8 N'C' THENCE RUN ALONG SAID NORTH LINE, NORTH 89'40'50" WEST FOR A N m iu DISTANCE OF 5.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN C0 J aA m c(<4 DESCRIBED TEMPORARY CONSTRUCTION EASEMENT; 11J n [C 5 co o F- -) = ¢ 5 N THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89'40'50" WEST FOR i -. a> A DISTANCE OF 142.17 FEET TO THE INTERSECTION WITH THE EAST LINE G Y °w OF THE 95 FOOT WIDE DRAINAGE EASEMENT AS SHOWN ON THE GOLDEN ° CO GATE ESTATES, UNIT NO. 88 SUBDIVISION, RECORDED IN PLAT BOOK 5, D w PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE I- RUN ALONG SAID EAST LINE, NORTH 01'18'20" EAST FOR A DISTANCE OF v 40.01 FEET; THENCE LEAVING SAID EAST UNE, RUN IN AND THROUGH THE F�GED COMMENCEMENT < o 'o LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4600. PAGE 2584, SOUTH O , > P08 PONY OF BEGINNING u � < .- a 89'40'50" EAST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 01'18'20" PR PIA 80OK N WEST FOR A DISTANCE OF 15.00 FEET: THENCE SOUTH 69'00'18" EAST PG PAGE m g FOR A DISTANCE OF 42.48 FEET; THENCE SOUTH 89'40'50" EAST, FOR A 013 OFDGAL RECORDS BOON m ii I.` d DISTANCE OF 92.06 FEET; THENCE SOUTH 00'44'12" WEST FOR A DISTANCE LB LICENSED BUSINESS m o ci PSI/ PROFESSIONAL`DJRVEYOR MID MAPPER Z U U "- OF 10.00 FEET TO THE POINT OF BEGINNING; W NO. NUMBER qa = 0.' / < = it- CONTAINING 2,022 SQUARE FEET, MORE OR LESS. O 0 rn 0 LL m Packet Page -586- 0 5/13/2014 16.A.18. LOCATION MAP NS— PARCEL 101TCE 28TH AVENUE SE BRIDGE CONSTRUCTION PROJECT NO. 60123 (Not to scale) v '!�a u . x n. f t �)-��� '`'ate^;.wv',� ,oy.'� a� ,- �L'"�'° : ,,t �� � a, ' , vi b kit �5" r`.fir 3+ L..s }5,, Y ;4'72'1. is da� ,„ '- !^ Y rLr s t ," 1.. eb �A" �,t �'C$my, a .. k � �"3 of x 3^* Par v .e - ,fir 1.4) i : �.aMwEwr,D.,nC Ex _* Vc °PROPOS, ARCEL 101T .P�, k R * F, � ,� µ Wa SL. " _.- 28TH x4Fp f .. y 7 - ,' f 1� w.� ^Y� d R ' }� �rY�A L hR 2 He4W a "`. ^x �." Y TrS 7 � .. ^R ,, 6 W'.'. , .. :,2-.,:-:.::.:,.'" �. z,l#" n ' -1,-2$ tP m Y y� N v A �-,....,,,:::.°-, „a,d y ,� * } * C::',14' ,...:;.,- r w E' .€' r° G b'4 vv s � 3r r Packet Page-587- 5/13/2014 16.A.18. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVISION PROJECT NAME:28th Ave SE Bridge Project#60123 PARCEL NUMBER: 101TCE PARENT TRACT SIZE: .3.60 acres(net) OWNER'S NAME:Opportunities Real Estate Fund LLP 8461 SW 11th Rd,Gainesville,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 He holder of the fee simple interest in the property)by reason of the temporary 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 DESCRIP T ION: Parent Tract-Golden Gate Estates Unit 88 Tract 6 less the E 150ft SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED. PROPERTY HISTORY:The last recorded sale of the improved property was for$145,000 on 0813012010 This transaction included 14 tax parcels. PRESENT ZONING:E-Estates FUTURE LAND USE:Estates-Residential HIGHEST AND BEST USE:Based upon an analysis of the subject property and its environs(with consideration given to zoning,physical aspects of the subject property,economiclmarket trends)the maximally productive use of the subject property would be for Estates-type single-family development(one home). DESCRIPTION OF SUBJECT PROPERTY: The subject parent tract is located on the north side of 28th Avenue SE at the Miller Canal.(A portion of the gross acreage for the parent tract is submerged canal encumbered lands.) The parent tract is undeveloped and has a taxed acreage of 3.60 acres. 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. 3625 10th Avenue SE,Naples Sale Price:$32,000 Sale Date:9113 2. 3440 2nd Ave SE,Naples Sale Price:$17,000 Sale Date:8/13 3. WIS 14th Street SE,Naples Sale Price:$29,000 Sale Date:10113 Packet Page -588- 5/13/2014 16.A.18. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVISION Il DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale#1 is a 2.73 acre Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples.It is an unimproved wooded site.Normal topographical conditions forthe area.The sale price reflects a unit/price for the land of$11,721/acre. Sale#2 is a 2.27 acre Estates zoned parcel located east of Everglades Blvd in the outlying Golden Gate Estates area of greater Naples.It is an unimproved wooded site.Normal topographical conditions for the area.The sale price reflects a unit/price for the land of$7488/acre. Sale#3 is a 3.87 acre Estates zoned parcel located on the west side of 14th Street SE south of Golden Gate Blvd.This is an outlying section of the Golden Gate Estates in greater Naples This is an unimproved wooded site.The sale price reflects a unit/price for the land of $7494/acre. The sales cited show a unit/price range of$7,488/acre to$11,7211acre.The upper end of the indicated price range is given most weight in consideration of the subject's desirable canal frontage.A unit/price of$10,000/acre(or$.23/sf)is selected as most reasonable for the subject lands(net taxed basis). Value Estimate,Parent Tract Land:3.60 acres x$10,0001acre=$36,000. Proposed Taking Parcel,101TCE:This is a Temporary Construction Easement parcel with a duration of 2 yrs.The easement area will be used for the storage of materials and the movement of men and equipment during the time of the proposed 28th Ave Bridge construction. The proposed temporary easement is a strip located along the parent tract's 28th Avenue SE frontage;this strip has a varied width ranging from 10 feet to 40 feet and a length of 142.17 feet.The land area for this easement is 2,022 sf. The encumbrance of the easement area during its 2 yr term is effectively 100%of the fee interest.Using a standard land capitalization factor of 10%,the easement is valued as follows: 2,022 sf area x$.231sf X 10%x 2yr duration=$100(rounded). Affected Improvement in proposed easement area:None DamageslCure:No damages or associated cures result from the proposed temporary easement parcel. • SUMMARY OF VALUES:Parcel 101TCE TOTAL LAND VALUE $100 TOTAL VALUE OF IMPROVEMENTS ....$ 0 Damages: $ 0 TOTAL COMPENSATION .$100 Page 2 Packet Page -589- 5/13/2014 16.A.18. SHORT FORM APPRAISAL COLLIER COUNTY GROWTH MANAGEMENT DIVISION LAST PROPERTY INSPECTION DATE:i0/OS/2013 DATE OF VALUE:1O05/2DJ ` �' �--~------ SXGN/�UREOFAPPRAISER: ' ' '� -- 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 anal ses.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 sienificant assistance in developinc the analyses,assumptions and conclusions contained in this report. // /�_ ` - Harry Hcodcmoo.6RA Review Appraiser Collier County, Florida RD3475 Page 3 Packet Page -590- NOTES: 5/13/2_ 014 16.A.18. 1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF 2 TRACT 6 AS SHOWN ON THE GOLDEN GATE ESTATES, UNIT NO 88 -- 5 V;'' SUBDIVISION AS RECORDED IN PLAT BOOK, 5 PAGE 27, BEING N w W S 89'40'50" E. 0 15' 30' 60' i ti 2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND SCALE: 1" = 30' 0 5:`✓o DECIMALS THEREOF. BEEN ENLARGED 3. THIS SKETCH & DESCRIPTION IS NOT VALID WITHOUT THE THIS PLAN MAY HAVE BEE o SIGNATURE AND ORIGINAL RAISED SEAL nF A LICENSED FLORIDA OR REDUCED FROM INTENDED DISPLAY 5, SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SCALE FOR REPRODUCTION REASONS PLAN ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT 1-- OF THE SIGNING PARTY. Z 4. REVISED PER COUNTY COMMENTS, 15 JULY 2013. W ~ W w Qu) w W W W O i z z H Zw ao w, r o O� W, A PORTION OF TRACT 6 > aa- O F- N w G_OlDEN GATE ESTATES, UNIT NO. 88 6 0 UO z D" QLicv o PE 5, PO 27 up z >O ¢ c" O n�� _OAF cp L) - H- J K N 1- III IY b z 4, v o - LANDS NOW OR FORMERLY OF Q z, L z ,.5 J I--.7.j-d O CC u i ° o OPPORTUNITIES REAL ESTATE FUND, LLLP N C.a = W ZQ J=U CO o Q m co ,_ PARCEL 14 OR 4600, PG 2584 �, a a = N U OF- z w o ' r FOLIO NO. 41340240000 °a CC-� W O 0< 3W zLT,n 0 ° cn < (Y 00 LJ �� PROPOSED \ N_ Ric o>.< ›-D 0 TEMPORARY '\ °o a Z o §� z CO Il w w CONSTRUCTION ° Q z z Q 0 o o\� o S s�°oo EASEMENT J w w o 42 1g.,� o W qg' S 89°40'50"E , 92.06' z N 89'40'50" W ~ ' 5.36' N 89°40'50"W • 142.17' w Lu P.O.B. r= M ,t c)VD y M c, ,c -V Q o w ^ 28th AVENUE SE rn o __ ^z _ 5 _ _ W o e 09'40'5D E (BEAF'IPJG B.AS!S SOUTH LINE OF TRACT 6) z %=- 4.., = �' o p Z - "-' u :C r 4i,L6 O j m SOUTHEAST CORNER OF °- m : = °dr PARCEL 14 - OR 4600, PG 2584 _ - n a r N _ • u_ } A PORT ION OF TRACT 5 up 0 j GOLDEN GATE ESTATES, UNIT NO. ES y E ER 5, PC 27 g -•cn w LANDS NOW OR FORMERLY OF - ∎ o GOLDEN LAND PARTNERS, LLC E P/..RCEL 21 - OR 4724. PC 2056 z �� FO`_!D NO. 417240200105 m ? -Z 00 � - PROPERTY DESCRIPTION ]�� ?-.,° W A TEMPORARY CONSTRUCTION EASEMENT LYING IN SECTION 30, TOWNSHIP 1• - - Q 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY FLORIDA, BEING MORE Q SIT N PARTICULARLY DESCRIBED AS FOLLOWS; w •rte Z a - ; -1,' COMMENCING AT THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN g OFFICIAL RECORDS BOOK 4600, PAGE 2584 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN ALONG THE EAST LINE OF SAID ■ • n• p LANDS, NORTH 00'19'07" EAST FOR A DISTANCE OF 30.00 FEET TO A O r '= T POINT ON THE NORTH LINE OF THE 60' WIDE ROADWAY AS SHOWN ON THE i CD - GOLDEN GATE ESTATES, UNIT NO. 88 SUBDIVISION, RECORDED IN PLAT �' Cy Ct I BOOK 5, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ' C.y H- o THENCE RUN ALONG SAID NORTH LINE, NORTH 89'40'50" WEST FOR A 2 N = S o_i DISTANCE OF 5.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN 0 J D z .=N DESCRIBED TEMPORARY CONSTRUCTION EASEMENT; 1.11 k rt ❑ v I— '� =. ; N THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89'40'50" WEST FOR = y A DISTANCE OF 142.17 FEET TO THE INTERSECTION WITH THE EAST LINE aA;rW E.: B w OF THE 95 FOOT WIDE DRAINAGE EASEMENT AS SHOWN ON THE GOLDEN --- ---- . -CC GATE ESTATES, UNIT NO. 88 SUBDIVISION, RECORDED IN PLAT BOOK 5, D Cr) PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID EAST LINE, NORTH 01'18'20" EAST FOR A DISTANCE OF LEGEND o N . "' u' , w 40.01 FEET; THENCE LEAVING SAID EAST LINE, RUN IN AND THROUGH THE cc ij N LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4600, PAGE 2584, SOUTH POC POINT OF COMMENCEMENT < 0 „ `5 , 89'40'50" EAST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 01'18'20" POE PO IN OF BEGINNING a P O- PE PLAT BOOK 2 N WEST FOR A DISTANCE OF 15.00 FEET; THENCE SOUTH 6000'18" EAST pg PAGE m .- Q FOR A DISTANCE OF 42.48 FEET; THENCE SOUTH 89'40'50" EAST, FOR A OR OFFICIAL RECORDS BOOK. m a DISTANCE OF 92.06 FEET; THENCE SOUTH 00'44'12" WEST FOR A DISTANCE LB LICENSED BUSINESS m o o j OF 10.00 FEET TO THE POINT OF BEGINNING; FSM PROFESSIONAL SURVEYOR AND MAPPER z 0 cyi di ui w '- NUMBER < w m ¢ 1- w w CONTAINING 2,022 SQUARE FEET, MORE OR LESS. Packet Page-591- o 0 0 N O LL N g