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Agenda 06/24/2014 Item #16A 26/24/2014 16.A.2. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a road right -of -way, drainage and utility easement required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East, Project No. 60040; (Fiscal Impact $1,527). OBJECTIVE: To purchase an easement needed for the four - laning of Golden Gate Boulevard from east of Wilson Boulevard to 20"' Street East (the Project). CONSIDERATIONS: Collier County is seeking to purchase Parcel 157RDUE, a 30 foot wide perpetual, non - exclusive road right -of -way, drainage and utility easement, needed for construction of the Project. The easement is 4,500 square feet in extent and 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 Golden Gate Boulevard, just east of 4t' Street Northeast. The appraised value of the easement is $1,000. Please refer in this regard to the attached appraisal report summary, dated February 2014, prepared by Wilcox Appraisal Services, Inc. The attached easement agreement reflects a negotiated full compensation amount of $1,500. 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 $500 difference between the appraised value and the negotiated compensation amount. Staff accordingly recommends that the Board of County Commissioners (the Board) approve the agreement. FISCAL IMPACT: Funds in the amount of $1,527, being the purchase price of $1,500 and recording fees of $27, will be paid from gas taxes and /or road impact fees. The acquisition of this right -of -way will not add any cost to the annual operating and maintenance budget as the easement area 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. 157RDUE 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; 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terns 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 Summary dated February 2014. Packet Page -337- 6/24/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve an easement agreement for the purchase of a road right -of -way, drainage and utility easement required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East, Project No. 60040; (Fiscal Impact $1,527). Meeting Date: 6/24/2014 Prepared By Name: BoschRobert Title: Right Of Way Coordinator, Transportation Engineering & Construction Management 5/19/2014 3:15:41 PM Approved By Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 5/22/2014 11:22:32 AM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 5/22/2014 1:26:42 PM Name: DelateJoseph Title: Project Manager, Senior, Transportation Engineering & Construction Management Date: 5/22/2014 1:34:36 PM Name: PutaansuuGary Title: Project Manager, Principal, Transportation Engineering & Construction Management Date: 5/22/2014 2:10:57 PM Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 5/23/2014 10:47:39 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Packet Page -338- Date: 5/27/2014 3:31:40 PM 6/24/2014 16.A.2. Name: GossardTravis Title: Superintendent - Roads & Bridges, Road Maintenance Date: 5/28/2014 10:22:32 AM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 5/30/2014 5:07:22 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 6/3/2014 4:56:23 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 6/4/2014 4:40:31 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/5/2014 8:33:03 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 9:49:07 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 11:27:28 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/13/2014 3:57:00 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 12:04:23 PM Packet Page -339- PROJECT: PARCEL No: FOLIO No: 60040 157RDUE 37285280003 EASEMENT AGREEMENT 6/24/2014 16.A.2. THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 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, County requires a perpetual, non - exclusive road right -of -way, drainage and utility 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: 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: $1,500.00 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 (if applicable) 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 (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if Packet Page - 340 - CA 6/24/2014 16.A.2. Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Road Right -of -Way, Drainage and Utility 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 agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) 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 (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner Packet Page -341- E) 6/24/2014 16.A.2. Page 3 acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements 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. All Packet Page -342- 6/24/2014 16.A.2. Page 4 (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. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien - holders and /or easement - holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien - holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." Packet Page -343- 6/24/2014 16.A.2. Page 5 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. REMAINDER OF THIS PAGE INTENTIONLLY LEFT BLANK Packet Page - 344 - 9 6/24/2014 16.A.2. Page 6 AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman AS TO OWNER: DATED: I `J ./Witness (Signature) �—O\ G �iG,CoM� Iame (Print or Type) (Signature) Name (Print or Type) Approved as to form and legality: Assistant County Attorney Last Revised: 6/3/2013 OPPORTUNITIES REAL ESTATE FUND, LLLP, a Florida jimited partnership ^ /� By: Ayes Packet Page -345- i. General Partner NO N I $ W E f o S Z TRACT 72 I 1 I . J KAVAKY & HOBSON EAST 150' OF OR 2339/'77 TRACT 73 WATERWAYS JOINT VENTURE OR 3899/3259 GOLDEN GAGATE7 ESTATES UNIT 14 PLAT BOOK 7 PAGE 74 PROPOSED ROADWAY EASEMENT PARCEL SIX FT. 7 4300 S0. T. / WE BOULEVARD (CR 878) 1 6/24/2014 16.A.2. EXHIBIT "A" TRACT 74 on OFFICIAL RECORDS (BOOK /PACE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74 LEGAL DESCRIPTION FOR PARCEL 157 RDUE A PORTION OF TRACT 73. GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BODK 7, PAGE 74 OF THE PUBLIC RECORDS OF COLLIER COUNT{, FLORIDA. LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 30 FEET OF THE SOUTH BO FEET OF THE EAST 150 FEET OF SAID TRACT 73. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. o w eo eo � P-� SKETCH k DESCRIPTION ONLY wrvu NOT A BOUNDARY SURVEY »x� 1 �• � N m FOR: COWER COUNTY OOVFJiNMENT BOARD OF COUNTY COMNSSIONFRS A F OM - A. w SIX a, GOLDEN GATE BOULEVARD RM� ryry�+�t SKETCH do DESCRIPTION OF: PROPOSED ROADWAY EASENCNT PARCEL 157 RDUE &WOOS rlow�orrraon.., e,r.am COLLIF.B COUNTY, FLORIDA __ -- uvwkrA um _ -__ -- Packet Page -346- CA 6/24/2014 16.A.2. LOCATION MAP PARCEL 157RDUE: GOLDEN GATE BOULEVARD PROJECT NO. 60040 (Not to scale) Packet Page -347- 6/24/2014 16.A.2. Packet Page -348- Prepared for and property of Collier County Board of Commissioners Reliance upon the appraisal for other uses is not warranted. Summary Appraisal Report Number 13 -06 -04 (Parcel No. 157 RDUE) Project: Widening of Golden Gate Boulevard County Project No. 60040AA Parcel No. 157 RDUE Parent Tract: 2.34 Acre Vacant Tract. Improvements: None. Location: The parent tract is located on the north side of Golden Gate Boulevard E. between 4th Street NE and 6th Street NE in Collier County, Naples, Florida. Owner: Opportunities Real Estate Fund, LLLP. Date of Valuation: February 22, 2014. (Date of the Most Recent Inspection) For Harry Henderson, SRA, Review Appraiser Transportation Right -Of -Way Group 2885 South Horseshoe Drive Naples, Florida 34104 February 2014 Prepared By: Wilcox Appraisal Services, Inc. 1633 SE 41st Street Cape Coral, Florida 33904 -7470 239 - 542 -2311 Email: awilcoxmaisra @comcast.net Appraisal ili, Institute - Prgf.,, ilk als /'r»t4ding Beal Gslatc - -Mul ions Wilcox Appraisal Services, Inc, is committed to the highest degree of professionalism with all of our appraisers being designated members of the Appraisal Institute. Packet Page -348- Prepared for and property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is not warranted. Wilcox Appraisal Services, Inc. February 27, 2014 Harry Henderson, SRA, Review Appraiser Transportation Right -of -Way Group 2885 South Horseshoe Drive Naples, Florida 34104 6/24/2014 16.A.2. .1 II Appraisal I��II Institute'" Prv_ emiunals I'rm*iding Real Estate Solull +rra Wilcox Appraisal Services, Inc. is committed to the highest degree of professionalism with all of our appraisers being designated members of the Appraisal Institute. Re: Summary Appraisal Report Number: 13 -06 -04 (Parcel No. 157 RDUE. Project: Widening of Golden Gate Boulevard. Parcel No.: 157 RDUE. Parent Tract: 2.34 Acre Vacant Tract. Improvements: None. Location: The parent tract is located on the north side of Golden Gate Boulevard E. between 4th Street NE and 6th Street NE in Collier County, Naples, Florida. Owner: Opportunities Real Estate Fund, LLLP. Date of Value: February 22, 2014 (Date of Most Recent Inspection). Dear Mr. Henderson: Pursuant to your request, an inspection and valuation analysis has been completed of the above referenced property for the purpose of estimating the market value of the property rights and improvements (if any) which are proposed to be acquired, together with all diminution in value to the remainder land and improvements (if any) which can be attributed to the proposed use of, or activity upon, the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157 RDUE). The Appraisal Standards Board of the Appraisal Foundation adopted the "2014 -2015 Uniform Standards of Professional Appraisal Practice" (USPAP) on February 1, 2013. The 2014 -2015 standards became effective January 1, 2014 through December 31, 2015. In compliance with Standards Rule 2 -2(b), the appraiser is communicating to the client a "Summary Appraisal Report ", one of the three reporting options allowed under Standards Rule 2 -2. To estimate the compensation due the property owner, the appraiser has estimated the "as is" market value of the undivided fee simple interest in the parent tract before and after the proposed acquisition. Accordingly, as of the date of value, February 22, 2014, the appraiser has utilized the hypothetical condition assuming the proposed acquisition and the proposed roadway improvements have been completed. A hypothetical condition is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the parent tract; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. The parent tract of this appraisal assignment is an unimproved tract of land located on the north side of Golden Gate Boulevard E. between 4th Street NE and 6th Street NE in Collier County, 1633 S.E. 41st Street • Cane Cnral • Florida 33904 -7470 239 - 542 -2311 'Packet Page - 349- t @comcast.net 6/24/2014 16.A.2. Page No. 2 Prepared for and property of Collier County February 27, 2014 Board of Commissioners. Reliance upon the Harry Henderson, SRA, Review Appraiser appraisal for other uses is not warranted. Naples, Florida. The parent tract owner of record is listed on the 2013 Collier County Tax Roll as Opportunities Real Estate Fund, LLLP. The property is identified as Folio No. 37285280003 and S.T.R.A.P. No. 330100 730 4CO3 in the Collier County Property Appraiser's Office. The parent tract contains 2.34 acres of gross land area and is rectangular in shape. Specifically, the parent tract has a southern property line along Golden Gate Boulevard E. that measures 150 feet; with a depth there from along the eastern and western property lines that measure 680 feet; and a rear, northern property line that measures 150 feet. The parent tract benefits from 150 feet of frontage along the northerly right -of -way of Golden Gate Boulevard E. Golden Gate Boulevard E. is an arterial, undivided, two lane, paved roadway. The available utilities to the parent tract include telephone, electrical service and emergency services. Drinking water would be typically provided by a private well. Wastewater would be typically disposed of by a private septic tank and drain field combination. The parent tract is a level tract that is not cleared. The parent tract is situated within an area designated Flood Zone AE in the Federal Emergency Management Flood Rate Maps, Map Number 12021 C0430H, and dated May 16, 2012. Flood Zone AE is the flood insurance rate zone used for the 1- percent - annual- chance floodplains that are determined for the Flood Insurance Study by detailed methods of analysis. In most instances, Base Flood Elevations derived from the detailed hydraulic analyses are shown at selected intervals in this zone. Mandatory flood insurance purchase requirements apply. Based on the appraiser's review of the United States Department of Agriculture's Soil Survey of Collier County, Florida, the parent tract is located in an area with predominant soil types that includes No. 6, Riviera, Limestone Substratum - Copeland Fine Sand; and No. 18, Riviera Fine Sand, Limestone Substratum. It is important to bring to the reader's attention that the information reported above related to the predominant soil group(s) on or near the parent tract, are general in nature, and may or may not apply specifically to the soil group(s) located on the parent tract. The parent tract is presumed to be unencumbered by current county, state, and federal regulations related to certain areas being considered to be jurisdictional based upon vegetation classifications and /or wildlife species. It is important for the reader to be advised that no environmental studies of the parent tract have been provided to the appraiser. The parent tract is designated Estates Designation on the Collier County Future Land Use Map, within the Residential Estates Sub - district, and is further regulated by the Golden Gate Area Master Plan. Furthermore, the parent tract is zoned E, Estates District, according to the Collier County Land Development Code. The parent tract is encumbered by a 50 -foot wide road right -of -way easement along the southern property line along the property's existing frontage to Golden Gate Boulevard E. The appraiser is not aware of any other easements or restrictive covenants which might adversely affect the market value and development of the parent tract before the taking. However, the reader is advised that the appraiser has not been provided any title information. The parent tract is unimproved. Based on the analysis of the legally permissible, physically possible, financially feasible and maximally productive uses of the parent tract, the highest and best use "as though vacant" is estimated to be potential single - family residential development. "COQ Packet Page - 350 -'S, Inc. 6/24/2014 16.A.2. Page No. 3 Prepared for and property of Collier County February 27, 2014 Board of Commissioners. Reliance upon the Harry Henderson, SRA, Review Appraiser appraisal for other uses is not warranted. The proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement will be utilized for the widening of Golden Gate Boulevard E. from Wilson Boulevard to DeSoto Boulevard. Plans included the widening of Golden Gate Boulevard E. from two lanes to four lanes and will include capacity improvements such as adding turn lanes to the Wilson Boulevard and Everglades Boulevard intersections. Other improvements include traffic signal upgrades at three major intersections (Wilson, Everglades and DeSoto Boulevards), on -road bike lanes and sidewalks on both sides of the roadway. This project will also include the replacement of bridges over three canals, the Golden Gate, Miller and Faka Union canals. Parcel No. 157 RDUE is a perpetual, non - exclusive, road right -of -way, drainage, and utilities easement that consists of a 30 foot wide strip taking along the northerly right -of -way of Golden Gate Boulevard E. Parcel No. 157 RDUE contains 0.10 acres (4,500 square feet) of gross land area and is rectangular in shape. Specifically, the Parcel No. 157 RDUE has a southern property line along Golden Gate Boulevard E. that measures 150 feet; with a depth there from along the eastern and western property lines that measure 30 feet; and a rear, northern property line that measures 150 feet. No significant improvements are located within the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement. The remainder property shall contain 2.34 acres of gross land area and is still rectangular in shape and the same size and shape as before the taking, since the proposed property rights to be acquired involve a perpetual easement for road right -of -way, drainage, utilities and maintenance of these uses. However, the remainder property will be encumbered by an additional perpetual easement located along the northerly existing right -of -way of Golden Gate Boulevard E. containing 0.10 acres of gross land area. The remainder property's overall access, availability to utilities, topography, land use designation, and zoning are unchanged. The highest and best use of the remainder property "as vacant" is estimated to remain the same as before the taking, potential single - family residential development. Finally, the remainder property is not considered to be damaged due to the taking of the proposed perpetual easement acquisition area. The intended use of the appraisal is understood to be for use as a basis of value for determining full compensation to the property owner for the loss of the real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157 RDUE). Market Value is defined as "the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and Krllco� packet Page - 351 -'S, Inc. Page No. 4 February 27, 2014 Harry Henderson, SRA, Review Appraiser 6/24/2014 16.A.2. Prepared for and property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is not warranted. 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale ". Source: The Dictionary of Real Estate Appraisal, Fifth Edition, 2010, The Appraisal Institute, Chicago, IL 60607, Page 123. This letter of transmittal precedes the full narrative appraisal report, further describing the property and containing the reasoning and most pertinent data leading to the final value estimates. Your attention is directed to the "General Assumptions ", "General Limiting Conditions ", and "Certificate of Appraisal ", which are considered usual for this type of assignment and have been included in the addendum of this report. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substance or conditions. If the presence of such substances, such as asbestos, urea, formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. Furthermore, the appraiser is not an expert in the determination of jurisdictional wetlands or non jurisdictional uplands. By reason of my investigation and analysis, data contained in this report, and my experience in the real estate appraisal business, it is my opinion that the amount due the property owner, as a result of the loss of real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of or activity upon the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157 RDUE), as of February 22, 2014, is: Value of the Property Rights Taken: $1,000 Value of the Improvements Taken: 0 Severance Damages: 0 Net Cost to Cure: 0 TOTAL AMOUNT DUE OWNER: $1,000 Respectfully submitted, WILCOX APPRAISAL SERVICES, INC. R. Alan Wilcox, MAI, SRA State - Certified General Real Estate Appraiser RZ 306 Wilco) packet Page - 352 - 3S, lnC. 6/24/2014 16.A.2. Prepared for and property of Collier County Board of Commissioners. Page Reliance upon the appraisal for other uses is not warranted. Table of Contents PAGE TABLECONTENTS .......................................................................... ..............................1 CERTIFICATION.............................................................................. ............................... 3 SUMMARY OF SALIENT FACTS AND CONCLUSIONS ............... ............................... 5 INTRODUCTION AND DEFINITION OF THE APPRAISAL PROBLEM ......................11 Identification of the Intended User .......................................................... .............................12 Identification of the Real Estate .............................................................. .............................12 PriorServices ......................................................................................... .............................13 Identification of the Property Rights to be Valued ................................... .............................13 Intended Use or Function of the Appraisal .............................................. .............................14 Definition of the Value Estimate(s) ......................................................... .............................14 Dateof Value Estimate(s) ...................................................................... .............................15 Description of the Scope of the Appraisal ............................................... .............................15 HypotheticalConditions .......................................................................... .............................15 OtherLimiting Conditions ....................................................................... .............................16 PHOTOGRAPHS OF THE PARENT TRACT ................................ ............................... 17 VALUATION ANALYSIS OF THE PARENT TRACT .................... ............................... 20 Ownerof Record .................................................................................... .............................21 Legal Description of the Parent Tract ..................................................... .............................21 Real Estate Assessments and Ad Valorem Taxes .................................. .............................21 Sales and Marketing History of the Parent Tract .................................... .............................21 Florida Area and Collier County Map ...................................................... .............................22 Parent Tract Local Area Map .................................................................. .............................23 MarketArea Data .................................................................................. .............................24 ParentTract Aerial Map ......................................................................... .............................27 ParentTract Plat Map ............................................................................ .............................28 ParentTract Land Use Map ................................................................... .............................29 ParentTract Zoning Map ........................................................................ .............................30 SiteData ............................................................................................... .............................31 Collier County Future Land Use Designation .......................................... .............................33 ZoningClassification .............................................................................. .............................34 ImprovementData .................................................................................. .............................36 Highestand Best Use ............................................................................. .............................37 TheAppraisal Process ........................................................................... .............................40 The Sales Comparison Approach to Value ............................................. .............................42 LandSales Map ..................................................................................... .............................44 Reconciliation of the Value Indications ................................................... .............................54 Estimation of Reasonable Exposure Time .............................................. .............................55 W"CO) Packet Page - 353 -'S, W. 6/24/2014 16.A.2. Prepared for and property of Collier County Board of Commissioners. Page 2 Reliance upon the appraisal for other uses is not warranted. Table of Contents - continued PAGE DESCRIPTIONS AND VALUATION ANALYSES OF THE PROPOSED PARTIAL ACQUISITION AREA AND THE REMAINDER PROPERTY ........ ............................... 56 Parcel No. 157 RDUE Acquisition Area Map .......................................... .............................57 Project Description and Identification of the Proposed Partial Acquisition Area ...................58 Valuation Analysis of the Proposed Partial Acquisition Area ................... .............................58 Valuation Analysis of the Remainder Property "As Severed" .................. .............................59 Severance Damages to the Remainder Property ................................... .............................60 Costto Cure Analysis ............................................................................. .............................60 SpecialBenefits ..................................................................................... .............................60 Summary and Conclusion and the Total Compensation Estimate .......... .............................61 ADDENDUM.................................................................................. ............................... 62 Assumptions and Limiting Conditions ..................................................... .............................63 Qualifications of the Appraiser ................................................................ .............................65 Site To Do Business Site Map ............................................................. ............................... 67 Site To Do Business Executive Summary Report ................................... .............................69 LandSales Map ..................................................................................... .............................75 LandSales Data Sheets ......................................................................... .............................76 WI/C0-� packet Page - 354 -'S, Inc. 6/24/2014 16.A.2. Prepared for and property of Collier County Board of Commissioners. Page 3 Reliance upon the appraisal for other uses is not warranted. Certification I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and 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 with respect to the parties involved. • 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment and my engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the developing or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • As of the date of this report, R. Alan Wilcox, MAI, SRA, has completed the requirements under the continuing education program of the Appraisal Institute. • As of the date of this report, R. Alan Wilcox, MAI, SRA, State - Certified General Real Estate Appraiser, License No. RZ 306, has completed the requirements under the continuing education program of the State of Florida for state - certified appraisals. • I, R. Alan Wilcox, MAI, SRA, have made a personal inspection of the subject property and sales comparables that are contained in this report. • No one provided significant professional assistance other than the person signing this report, unless otherwise indicated within the report. • I, R. Alan Wilcox, MAI, SRA, have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three - year period immediately preceding acceptance of this assignment. • This report was prepared for and is the property of the Collier County Board of Commissioners and the reliance upon this appraisal for other uses is not warranted. • Acceptance and utilization of this appraisal report, or any portion thereof, constitutes acknowledgement and acceptance of all General Assumptions and Special Conditions contained herein. WICO)l Packet Page - 355- 'S,1nC. 6/24/2014 16.A.2. Prepared for and property of Collier County Board of Commissioners. Page 4 Reliance upon the appraisal for other uses is not warranted. To estimate the compensation due the property owner, the appraiser has estimated the "as is" market value of the undivided fee simple interest in the parent tract before and after the proposed acquisition. Accordingly, as of the date of value, February 22, 2014, the appraiser has utilized the hypothetical condition assuming the proposed acquisition and the proposed roadway improvements have been completed. A hypothetical condition is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the parent tract; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. By reason of my investigation and analysis, data contained in this report, and my experience in the real estate appraisal business, it is my opinion that the amount due the property owner, as a result of the loss of real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of or activity upon the proposed perpetual, non - exclusive, road right -of -way, drainage, and utility easement (Parcel No. 157 RDUE), as of February 22, 2014, is: Value of the Property Rights Taken: $1,000 Value of the Improvements Taken: 0 Severance Damages: 0 Net Cost to Cure: 0 TOTAL AMOUNT DUE OWNER: $1,000 Respectfully submitted, WILCOX APPRAISAL SERVICES, INC. R. Alan Wilcox, MAI, SRA State - Certified General Real Estate Appraiser RZ 306 KrIICO� packet Page - 356 - as, Inc.