Agenda 01/12/2010 Item #16B 3
Agenda Item No. 1683
January 12, 2010
Page 1 of 27
EXECUTIVE SUMMARY
.-,,--
Recommendation to approve the purchase of two temporary construction and access
easements (Parcel Nos. 138TCAEl and 138TCAE2) and a drainage, access and
maintenance easement (Parcel No. 138DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East-West phase of the Lely Area
Stormwater Improvement Project. (LASIP Project No. 511 01.) Estimated fiscal impact:
$190,356.50.
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase two
temporary construction and access easements (Parcel Nos. 138TCAEl and 138TCAE2) required
for construction of the Lely Main Canal East-West phase of the LASIP project as well as a
perpetual, drainage, access and maintenance easement (Parcel 138DAME) for the installation of
an inlet and pipe.
-
CONSIDERATIONS: The subject property consists of two vacant tracts of land located on
Rattlesnake Hammock Road and is owned by Nassif Golf Ventures, LLC, which operates the
Hibiscus Golf Course. (See the attached aerial photograph.) Parcel Nos. 138TCAEI and
138TCAE2 are required for materials and equipment staging as well as for direct access to the
canal itself. Subsequent to extensive negotiations, the properly owner has agreed to sell these
temporary easements to the County for the sum of $188,500. The price is 23% above the
County's in-house appraiser's estimate of the market value of the easements. The property
owner has also agreed to sell Parcel No. 138DAME to the County for $1,750 (17% above the
County's in-house appraiser's estimate of value). We recommend approval of these agreements
due to:
L The very limited availability of parcels suitable for construction staging and storage, and
the need for these specific locations to provide access to the construction sites.
2. These Agreements include specific coordination with the properly owner to minimize
impact to the business operation of the Hibiscus Golf Course, which is contiguous to the
proposed temporary construction easement sites.
3. Construction of this phase of the LASIP project is scheduled to commence in the dry
season in 2010.
FISCAL IMPACT: Funds in the amount of $190,356.50 will come from Stormwater Capital
Fund 325, Project No. 51101. This amount includes the purchase price for the subject parcels and
$106.50 for the approximate cost of recording fees.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
Growth Management Plan.
--
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally suffieient-JBW.
. q~,,---'"--'
',,,00,....',',,,.,.,',,..,'"" " ,
. n"'____"'~__~.
,w.._,~~," , ,~.'
Agenda Item No. 1683
January 12, 2010
Page 2 of 27
RECOMMENDA nON: That the Board of County Commissioners of Collier County:
1. Approve the attached Temporary Construction Easement Agreement and Drainage, Access
and Maintenance Easement Agreement;
2. Accept the conveyance of Parcel Nos. 138TCAEI, 138TCAE2 and 138DAME, and authorize
the County Manager or his designee to record same in the public records of Collier County,
Florida;
3. Authorize the payment of all costs and expenses necessary to close these 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 Temporary
Construction Easement Agreement and the Drainage, Access and Maintenance Easement
Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Paul Young, Sf. Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments: (I) Temporary Construction Easement Agreement; (2) Drainage, Access and
Maintenance Easement Agreement; (3) Valuation Memorandum; and (4) Location Map (aerial
photo).
,.."..-
Agenda Item No. 1683
January 12, 2010
Page 3 of 27
..'-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1683
Recommendation to approve the purchase of two temporary construction and access
easements (Parcel Nos. 138TCAEl and 138TCAE2) and a drainage. access and
maintenance easement (Parcel No. 138DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East.West phase of the Lely Area Stormwater
Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $190,356.50.
1/12/20109:00:00 AM
Meeting Date:
'-'-._-
....".._~"..... ,~-,--"",,_.,.
Agenda Item No. 1663
January 12. 2010
Page 4 of 27
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
121211200910:02 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1212212009 1 :45 PM
A pproved By
Jeff Klatzkow
County Attorney
Date
12123120098:22 AM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1212912009 11 :06 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
121301200912:23 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12130/20092:30 PM
'"
I
,
I
Agenda Item No. 1683
January 12, 2lp10
Page 5 of 27
.
-
. PROjECT: LASIP MAIN (E,W)
PARCEL No(s): 138TCE
FOLIO No(s): a portion of 49706500247
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this (j,-JZ day of
tJolI~Mkr , 20.Q'L, by and between NASSIF GOLF VENTURES, L.LC., a
Florida lim~ed liability company, whosemailingaddressis9130GalleriaCourt.Suite
316, Naples, Fl 34109 (hereinafter referred to as "Owne~'), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchase~').
WHEREAS, the Purchaser 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
improving and constructing drainage and utility facilities w~hin the public easement
immediately adjacent thereto; including, but not limited to the storage, placement, and
accessing of construction materials and equipment upon the lands described in Exhibit
"A", subject to the restrictions contained herein; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the slated
purposes, on the terms and conditions set forth herein; and
,-.
WHEREAS, the Owner and Purchaser are entering into a DRAINAGE, ACCESS,
AND MAINTENANCE AGREEMENT for parcel 138DAME contemporaneously with this
AGREEMENT; and
WHEREAS, the Purchaser 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 Purchaser for the sum of $188,500.00 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, 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 Purchaser, including all attorneys' fees,
expert w~ness fees and costs as provided for in Chapter 73, Florida Statutes.
"-"
__n____._
. ,,,,,,,._~_., T .-. .'~._,_,,____.
. "--'.~'" """'~._"
--",,,,--
Agenda Item No. 1683
January 12, 2010
Page 6 of 27
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the TeE, 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. Owner shall cause
to be delivered to Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents") on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Closing Statement;
(c) Grantor's Non,Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W,9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement for up to 30 days pending receipt of such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE.
In the event the Owner cannot deliver the instruments necessary to remove or
release any liens or encumbrances affecting the Purchaser's enjoyment of the
TCE, Purchaser may either terminate this Agreement or close this transaction. At
Closing, payment shall be made to Owner in that amount shown on the Closing
Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents
to Purchaser in a form acceptable to Purchaser.
5. Owner and Purchaser agree to do all things which may be required to give effect
to this Agreement immediately as such requirement is made known to them or
they are requested to do so, whichever is the earlier.
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) Purchaser's acceptance of the TCE shall 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,
except for items in paragraph 6 (h) and 7.
(c) No party or person other than Purchaser 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
TeE, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
'".,
Agenda Item NO.1 83
January 12, 2 10
Page 7 0 27
"~,
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE.
(f) Owner has no actual 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 abiiity
to perform hereunder; nor is there any other charge or expense upon or
related to the TCE which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property 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 omn to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by Purchaser.
(h) The property underlying the TCE, and all uses of the said property, have
been and presently are in compliance wnh all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the TCE by
owner except as specifically disclosed to the Purchaser; that the Owner
has no actual 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
Purchaser, that the Owner has not received notice and otherwise has no
actual 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 harmiess the Purchaser against and
from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of any
of Owner's representations under paragraph 6(h), The amount the Owner shall
pay under this indemnification shall not exceed the amount paid by Purchaser for
the TCE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
-
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE recording fees, and any and all costs and/or fees associated with
securing and recording 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. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless this Easement is
acquired under threat of condemnation.
".
.-..",
,._~.
.,,~_...~. .~--,
Agenda Item No. 1683
January 12, 2010
Page 8 of 27
9. The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County. It is agreed and understood that no construction activity shall
take place prior to April 1, 2010 either within the TCE described in Exhibit "A", nor
in the Contiguous Drainage Easement, described in Exhibit "S", attached hereto
and made a part hereof, except for an Access Pathway to be available over the
East 50 feet of the TCE, described in Exhibit "CO, attached hereto and made a part
hereof. The Access Pathway shall be fenced and screened from view of Hibiscus
Drive to the extent possible. Commencing April 1, 2009, full access and
construction may be underway w~hin the Contiguous Drainage Easement, and the
TCE may have full construction activity w~hin the area designated in Exhibit "D".
The construction area in Exhib~ "D" shall be fenced and screened from view of
Hibiscus Drive and Rattlesnake Hammock Road. It is understood and agreed that
no construction activity shall interrupt usage of Hibiscus Drive, except for curb,
sidewalk and paving construction which shall be completed after April 1, 2009.
During such construction over Hibiscus Drive, access shall continually be
maintained for Hibiscus Golf Club. At no time shall construction activity or vehicles
cross over Hibiscus Drive to travel between Lot 1 and Lot 2 of the TCE.
10. It is agreed and understood thaI, to the extent possible, existing vegetation along
the frontage of Hibiscus Golf Course will be maintained, including plantings along
the parking lot Upon the completion of the TCE, the Grantee shall restore the
surface of the temporary construction easement area to its pre-existing condition.
Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, w~h Nassif Golf Ventures LLC being named in
such insurance policy to the extent its interests may appear.
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 benefrt of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, andlor assignees,
whenever the context so requires or admits.
12. 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, 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 Purchaser, 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.)
13. 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 const~ute 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
Purchaser.
Agenda Item No. 16B3
January 12, 2 10
Page 9 of 27
^--.
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 govemed 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
AS TO OWNER:
DATED: Ala! ~ , ;)..D09
.
CJtI~ d!o~
Witness (Signature)
i!J/I/A1 twofer r--....
,Name (Print or T*~-.
\i~5?r~
Witness (SignatLlre~\
-:\~.,]~~~
Name (Print or Type)
NASSIF GOLF VENTURES, LLC., a
Florida imited liability company
'-'.
ember
Approved as to form and
legal sufficiency:
ASSi~~~~
_M"_"_
-.-.--
-_.~".
EXHIBIT "A"
Agenda Item No. 16B3
January 12, 2ql 0
Page 10 of' 27
EXHIBIT "f1/1
P~loIL
-
LOT 1 and LOT 2 OF TRACT "A" OF HIBISCUS GOLF COURSE, AS RECORDED IN
PLAT BOOK 49, PAGES 3 AND 4 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION DESIGNATED AS '100,0
DRAINAGE EASEMENT LAND' DESCRIBED IN OFFICIAL RECORDS BOOK 970 AT
PAGE 1238.
-
-
'"
""rJJ
~f-w
WZu
<(WZ
U::;;",
f-W>-
"'rJJW
~<(>
rJJWZ
-JrJJO
WrJJu
UW,,-
a::UO
O':~W
of-
'"
IZO
U"'::;;
f-ZO
~Oa::
rJJf-,,-
OUa::
Z"'",
<{~W
ZrJJ>-
OZW
-OZ
t;:uO
- >- .,
a::a::Z
U",O
rJJa::f-
WO<(
Oa.a::
-J:;;'"
"'WO
0f-
W
-'
;
,
,:::1
<,
-
"
'"
,,'
C)'
~.
:;;;~
"'""
;:;.:......
- -
"
,-)
"'-10
v
"--j~
-<
~I
~, I
"-,
,=1
<I
~
~,
I
I
,
,
,
.'.>:>
~:-.r'
q:.~
Q.,,,,
,
.1 I'
EXH/SrT-A...
PaL.,:L of
... -- 7
-
. .
-
,
,
(
,.
""
,--,....
;'"
".
~',
..5
,....
I
I
I
I
>
..
.
,
Agenda Item No, 1663
January 12, 2010
Page 11 o~ 27
,
>.::
OrJJ
0<(
roo
f-w
Sf-
a.'"
zZ
_0
OrJJ
WW
00
a::z
00
iIlf-
a:: a::
rJJO
<(a.
f-
.<(
wI
rJJf-
a::f-
"'a.
Ow
Uu
"-X
-'w
00
0z
rJJ",
"'rJJ
UrJJ
rJJw
ro-'
I<(
,,-0
o a::
. 0
"'-'
. "-
f- .'
u>-'"
"'f-""'
a::z~
f- '" .
"-0 a.
OUo
"-
~a::o>
~ w .
<t.....JlX!
u-''''
f- 0 0'
"'u
""'''-Z
-0-
-J 0
wrJJw
uOro
a::"'-
",0'"
a.uU
-wrJJ
NO::~
f-Uo
g::iz
o~S
Za.f-
"'WZ
;:-IW
Wf-::;;
"'U.W
UOrJJ
f- .'"
"'"w
""'
~oW
-,Z0
w",<(
u",z
a::C/J'"
"'wa::
~GO
~"'o
0. .
f- 0
O '0
0>_
-J " .
.
,
.
,
-,,~'- .
..
j;"'..
"
1\:"
\.'~
--'\it
,'~
,"'"
,
,
~
I
,
'-
.
'3'., .~,
'R I
-,"'--
o ..
..
-',-
,
,
t'I'
..
'.'
--
---
--
'-, ----
,
"-
N
LJJ
c::(
U
I-
co
M
,....
,
]
~ '.~
..
''''-
~"''Io:
."
"~4.'
,'-~
.;;"1::
k,,.,,,,
,,"
" ::-~
,
.
.
.
'1'0:
"
,:'1
"
.
,
.
~
<:>
-'
I
I
I
I
I
,
,
,
.
""",1
.
.
"
.
.
.
.,
"
'"
':::!
'"
:IC~
, '
'.
~~."
,"
~'," ~
"'
-l
LJJ
U
~
c::(
c..
,
-1--"1
.
'to
.
.
"
,
.
"
.
"
',"'w
J.'''"
.
., :"~..1
___ :31
--
---::"~ .
__ -- s;:)....~ .,--r ',s.n': J ~j
--- . ~ $. ~".~~,~:\"t 'no~' L~~i~
,__ C.! _---€--------O..- - -",- -- I ' ;:;T
~~ ~_-"~:> .f~ ~
>!>~._,-:!;;\,~,,:." c.""-' ,"'j....:.:>"r; '01;11"' --
~",'~<",!...".,
~ I,.~ ,~\..,. - - -!--I
_ S<- ~ -' ~...lj.'l..' _ _ .- - -
,", /"
----,I ~""
.', J
<::,-.:---
.
01-' ~~
,'>-
"
.
\
'.~.
.
,
.'
..
,
-,.
,-,
.
- -
'.
-,
-'
..,
,'....!
, ,
~h..J>} .-"
,. -
i :::'
~
~
-~\
..
..
..
..
'.
l:
I
1;.-
..
.'
"
,
-
~
:;. ~
,;"
(':'"
;;;"
0'"
<"-.
';'
"
t.::
~, .'"
<> ,~.
".,
- ~,
,'"
0'
^
",
~
.'
I
'--
,
o
~
.
.
'"
N
R
~
.
~
I,
'~, .
..
<."!
t~
,
, I
'C
~r. I
:: I
"
, I
c.
'0
, ,
I "
~'- ,
.." ,
\~~
, ,
, I
\~
'"
~
'"
,~
,~
,
i~
"
"
"
"
'"
~
.... r,,~' Z
"'.< ."". ',:-
""""".--- ,
~p, ::- -1
~--- ~
~
~-;.;::--.~!; '"
---.,'" ,.
-- ",,".,
,....
LJJ
c::(
U
I-
co
M
,....
-l
LJJ
U -
e::: ~
0
0:: -'
,
;,1
c
"
.'
"
"
.
"
,
"
:,"
'.""
,
,
..J.o1 ,~
..
,
,
.
.
.
~'~
" -,,.,
~, ,
'" ~'"
"' t- "'~.
"I _C'
"
.
,
! r--
"
.~~ .--- ~
~, ' /
-'i--.I:>
..,'"
"'c"" -'..,_
":':"::'::; :;~':.:.::.~:.::..
----
- ,- - '.';' -,. - - - -
.:'cr~ >I.~ ~ ',,: ~.~>S
I
,/
V
.-
,
,
,
.-
,
"
,
..
" '. '"
, '0
.' 0
.-
" :0
.. -
,-
" ,
., ,;<
. ib,
, I'"
, '0
. I,.,
'"
'tQ
,:1:'0," 'z
,0.,,,
,
"
,
.
,
,
"
<
"
,
..
...
..
','".
;0 '"
" +
'.
~- Z
~"
c., '" '"
',X ~ $
- -,'.------
1'-. 1"'- ,~I
'-
..
.
"."~'
.:'-~
.0"''''
..
0~"
'"
t-::,.!-
,
.-
-'---'-- -
"~'M~
,,""".... ~ .,....... """"
"-'-....
If
.
Agenda Item No. 1683
1(6 ~ January 12, 2 10
, Page 12 0 27
EXHIBIT "B"
EXHIBIT
Page \ of L--'
THAT PORTION DESIGNATED AS '100.0 DRAINAGE EASEMENT LAND'
DESCRIBED IN OFFICIAL RECORDS BOOK 970 AT PAGE 1238, OF LOT 1 and LOT
2 OF TRACT "A" OF HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49,
PAGES 3 AND 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
.
.
-
---
--------~-~
-
-
"
"
;;:N
..
0-0
-
'- N
"
0_
0"
o.
.;;
:s
~
.-
-~
/' .;"
/. -~
" 10: ~ ' ~
( :'1- ~t ~II
\ ~~ ~~ ~~
',. t'~--
'-'
, .
WW
_N
-
"""w
L..."
0,
0'
"" ,
I
I
I
I
I
(llC::
UJ ::>
00
<l:(fI
o
"0
_.0
1"7 ) <O~
. ~
r""""C1
I.,.,iOZ
_ ...0<
"" 0 0
: ~5:
0-
Oz~
0"
wU
U~:
uo.{
"-J a
o _
T~ ~a::
W-j ("~o
~<O~
0.,,",- _
. :;j;Oi':
O _z
,. "
. uQo
O~~'-'
, >
f_ ;e;r::
""2~
,,'~-'
c:'fro-_J
r.Ij~-o:8
~~o .
. L...ztn
",<;:5
U(5~
>- n::
~S~
--..: <")-."
=o.cz
, '~ :::J
'0
~:=u
'--: ~ eo.
~-:~
L,(5
>='u
,,"l.L
i{O
<"
~
'-'-~
~-'o
u
cw
S"
"u
w_
_w
'0
<0
"
-,
- I
1.1,1..
.~~ ~~,
;'~ ~-
.,,:;j;;
; .,',"
. ~,,~ . u
h:.!~gl-
,~"c;~.~
~,~~;;~~.
--','
\""<',.-S:i
"~ ~~-".
,
.
-'
/"-.:'/110'-
/~~.c,j"
~... ~---'- "I....~
ie>' ,--""'- ~")\
;.;:.; ~..-;., ,*" ",-"
P 1'''':'(' ;e\
>[ I"~ loj
". ,,::-, "
':'.. ,'AC.Ji 1:::/
\-'-'- ;'d--< !,<.,
'';;Yf->i ,/rJ/
,-, '- "-" /""
"'" ---, ,~\,",
I
,
"I
>
o
",
>'
01
01
"0<
~,~
"I,
....'1g
,
',-
~,
~!
"
~j
-,
.
b ,., ..
"' . ,,-.,
", ~~~"
- -- - ;.~, ...".,.,
"-- , ""~;'1' ~.
""..,.,,'~ ..,,.,'
.- '---"'~
"
~.
,~
~~
.~
.
,
~.
,
9
-.
-------~
----
o
" '
~' "'
'I'
,.,," "-
.-
, .
,">
1i>c~-'<8
...<:>",
,'0
"' ,
\)(o.,,,c~~ e.~k..,.,,,,, T
L~
,
,
I
Ii'
i ~jl"
~, I
, ~ ;:...
-"c
. ,.
;. ',"I
. r...
= rol
~ ~r.~1
!"I" I.
_ 1'1 ,::;
, ~""~" :JH
, .";.',.
. ""-'1
L, "..,,;:-
j,.t:::Si
U"c' ~
" ,
!l~c 'T
I',
.',,
I" .
~~[;,-"
~ II ~
. li'S
, ..
~ .11
~ ~,1
I:'
I~
I: ~;
" -'
u- l~
.0:1\ I ~:
" .
~'" ~;;
,. '.
W"
i~
,"I
l.
,.
"
;!
"
''",''..
-~-----
"
9
~!~!
:'.;'
'- ";.~
---.!-
"l,'"
___",.Jf
-."
- , ,",'
.
." ..-
;; ..... -, "-",,~ "',..,
.J _. "..,.."...-t.!------e------".'
<='-~qo.,1., """"'
..0""\' ~'~..'~' .
~- \""" -
..' ,.--"
~
''','', ,
!:!!,'.Y'"
..",,'"
", ..-r
~~ \
,.
.,
..
,
',':
"
--
"
I:
..l .
. ., .
" " .
" i .
,
. ;
. , !,
, .
.
"
,,",
,. .. ,
, . ,
, , , ,
.,: ,
...
j .. ."
"
,. :1.
j.. ..
. , , , , .'
. , , ,
. ,
..,
, , , ,
, , ..
. , , 9
,n
r ,-
, , , ,.
~ ..
.
.
-
i
'.
,i~
td
..~.
"
, ,
I' .
, ~
, lr--.l.--''''~'~':~''7.''__
kr(' -- -,- - -"",-;-."~"",, -~.
",b
[I '
r.1
-,",'!'c'
,;"'~"-1;. -
_-:-=____0[.,'"
;,,",0_
~p
:i
r' "
~.
.. L:,:::",~.1._________
1:. ".~, ^"""""
.00' .'r,&'.ooN
I
I
.'
t~
.--
~H
~"i
-~-
I
'------- ......
I I "-"-~'---
,
,
I
I
'--,
~
.
,
-
,--~'"
_.,"'L._~_.
--~._".
-
3Ji;
, -'
.-
,
.,
",~
.<..
,.
.
;>
I'
I
,
"
~r
,,0
,.",,;
(r~
I"
,
,
,
II;
.
)L
"
~r---
J)
,
~ f
,
,
;1J:.m_____ .
.~. '--" ...,,,; ,'.",'"''''"'
"'~
.,.
".
..:
:~~
",
,,',~
, .
;~~
--.~
~
"------,
EXHIBIT
Page "L cI
~ .
II ;Agenda Item No. 1 ~B3
January 12, 2 10
Page 130 27
'"..'.",,,,""
"""'.<,."",,,
-
o
9
~
i /
.~ /
Ii /
o
,
o
"' ,
.~.
'ill
...
,.~
,1"
~~~
0',
'ii
,,;:I'
"'!l.)
~"'-
,-::r-r----,
" " ~
~ , '" ~
,::\r::
,
l,_
..~
'"
~
~I fr
.);..
~"
o
,
,
-
-
o
"'2--
------
.
1",
"1 )
y
-
I
=======-~I~------
-~-----4 1tI;f{-, -
C ,
,
I
I'
i!
.,
..
:~
.
"
i
,
i
.'
f:
,!
----
,
,
!
,:
,!
"
,
.
.
"
,
.
"'~
..
'.
(\ .,
\ i 1('0
, , . ~.. i
lr j ~~ I
\".'"<JO,~\ 1"
.- . ..,'..
.. . i ' ~, , I
~i i .. <
,'!
.- I .' \'- /"
.. "" ,
1! <: ;' /'
li- ..
~i ~! \ /'
.. /'
v
-,
d"
..~
"
.,.ft
'"
~;:
~..
~".
"1'
.,'
,.~
,
I
/1
~/I
- ~
~ ~
~/
,~
~ ~
~ ~
~ ,
,~
~ ~
~ ~
~ ,
~ ~
i
,
'.
o'
ll'
,-
~l
,.
.1----.
","
.
,a
.
"
. .
,
.
.
" '"
::' '"'
S,,-01
"'8:i"-
, .
C"'"
,<--'"",
"'''''0
'__co"" 0
'---",
,
..
"
I
I
.
,
-
.
.
.
;
-,-
--
',--
--
--
--
--
---
-..
------
-
~
-
.,
.
.
~ '"
~-'"
',-- "-
'~~'"
"'
"'-=5
~~g
"
-- 3
,
,
--
.....'
'1.-
,
-,
--
,
.
,
. "-'-""~-'-"-"'
.--
,~
EXHIBIT "C"
Agenda Item No. 1683
" If January 12. 2010
EXHIBIT L Page 14 of27
-~ '
P~I ~2--
,
THE WEST 44 FEET OF THE EAST 99 FEET OF LOT 2 OF TRACT "A" OF HIBISCUS
GOLF COURSE, AS RECORDED IN PLAT BOOK 49, PAGES 3 AND 4 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
.
-
'.
L
~
~
~N
~
.~
_0
"-
- N
".
O~
O~
ro_
-
'-~
~
~
.~'
, -'
./ ,
. ,.
_',,<Ii: .
( :..~ ~~. ~~
~~ '~i'l
'''&l f '."
'''--,.J: .
cO
~N
~
'-w
cO
0'
O~
N
00
wo
00
<~
o
o
f---If)
. - <
~.~
tn62
~g~
~~;i
-......J z z
~~g
v;-;v
U2~
0,,--
~-' D q;
~'Q
,..- ~;;c::
I I . If'< 0
~~~ --'
.,~'-'-
I......-../C1.LL .
~~o>-
O'~~
~~';::>
;,)QO
(.~ g~~
V",::;;\=i
-, '
=v,.:J
~~";8
~C,O"'
ZVl
"::<~
USa
'cO:
c;:;q
-'c:
I
\/).
""'"'i
:0
.....,
'--;-l
......
,
1,1,1
" 0
t~ ~... .:
v: J~ ~
...,
""1
:;;~..w-~
'I~,c~' '
~ ;,..,'
~-~=' ""
;:'~~B~,"~
!H:.:~a.
-i'
C
~z
'0
00
,w
c Z
o~
w
~ w
00
, u
"
c~
c
~
'0
"rr
08
_w
s'
Cu
w_,
-r:::;
<0
o
!
!
,
.
.---..
./ .(If,)~
~/O;.'-'I'-!';l},
",v r;..-t._-,,,~;\
/.:;,1 .'-"" A \'~\
;,:=<: 71<"''''''''''- ;:':'
,..' 1"""1
i"'l ',,~ ;CO
"~. '~ "'I
\")\ 1('--3 Jr.;
'.1~~~) /:'0/'
_, --.,_'_---c,~...,
, ,,'.0'
---
~I
0,
0,
~,k
~'I~
'v',:S
;0:"-
Z,
:::1
..,
~I
"
.
l.
I'.
~'!
0:,.
I
I
I.
, I
I j;
.!
i ;.
I~l
EXHIBIT
p~ Lor
-
-- u___ - -- - r'-.. '-" ____'.
~ .~, 1 1'-,
l" .n~ ----"'--"'-~I "~"~"""" "
'_,~f<<-",,,,,.,.[ "lloi., ~1' 'J
""..,,,,. ~, .. " ".,~" ,
'UT ~ ",'.,' . IOn i ,~; /
o , ,
y
-
c"
"
~,-"<,
'/
.'
~$
."
9
~~
--
-,
,
---
-----
----
l,_,
~
o
. "
" "
, ,
-,
"'::J'ln.
, .
~~~5
'"":<g
>
" ~
e I
I /
c' /
Ii;
t
o'
J'
,--,-------
.'r..U'll~\
.""U
~ !
I. :,
~. n
~! ~.
'! "I
~. ..
.
"
.1",
. '-,
t!!;o-I
..'
~ ;;'
,
.
"
,
(\
i -',.-
.~ t
I, !
~~ ~~
..
i~
-I
""
F\c <""I:f"'-R.-",!/,!;
v:- ;1
., '-
"
9
.
o
,0""":"'''''''1
" . .
"d,::<"~ <'''All'
,- I
"",'.",,.,, """
...
I
"
,
:gj
.
..
,_.. "
.,:
"
.'
..,
.'
::;1
-
o
. N
" "
, ..
""-<
,,-'"<or..
"'"
, .
,,"..
;?c''tl\:
"'0'"'0
~ ,- '"
"
.
.
,
'"
..,...1'
.0:
.
,
..
.
.
9
,
;
.
.
I
3
..
'-
---
~-
--
--
--
-------
~-~---
I
.
. .
. "
::-:l
", 0-
'-0;:;",
.'
j=-~
"To
,...",
;C ...
. ,
.
..
i
.
,
,~, ,_..,~.~
"^",~",-~_.-
-'--~,,----.'~..--.
Agenda Item No. 16B3
" c !' January 12. 2010
_ Page 15 of 27
L-. .
-- I
--- ,
-----,'!
-- :,
-------I:
I
I!
"
Ii
'~I' Ii
':,1 I
;; '.
-' ,~~ .
'~:. ;1
..
'i
.
.
.
.
..
.
\
i
.'
H
"
"
i
\ ~i
,.,
"
,.
\"
\ ./
Iv
I
, I I
'------------",.T,~---~.
I I ,
, I
, ,
.J______
-Ol'~--- ---
----'----':,-.... .=-----
-~----~ ---
, . r '
~~ !~ L !/:{1
~~ ~. ,,"-r ,
~~ ~I I~" il
~i . .
~. ~ !j~
, i
;~ ~.
,,~
"
..
--
"'-.''''''"'
'1.-
,
.
I
-'
,
"
...
"
cO?
"
:f~
o
a
~
./
./
./
. .
,
,
,
-..___-1
,
,
,
,
,
,
,
,
,
,
,
,
__u__. _~
,
,
,
,
,
,
,
,
,
,
,
,
"
,
,
,
,
,
,
,
,
,
,
,__u___,
,
,
,
,
,
,
_on'
,
,
,
,
,
,
,
'.
,
,
,
,
,
.
,
,
,
,
,
:'"l
---,
,
,
n
"
"
"
"
,
"
"
"
,.
"
"
"
"
"
,
,
,
"
,
"
"
"
"
"
"
"
,
,
,
,
"
"
"
,
"
"
"
"
"
"
"
"
"
"
"
"
"
"
,
,
,
"
"
"
"
"
"
"
"
"
,
"
"
,.
,
,-
,-
,
,
,-
"
"
"
"
,
"
,
,
.
,-
,
,-
"
,
,
,
,
,
,
,
,-
,
,
,
,
,-
,
,-
,-
"
"
,
"
,
,-
,
,
,
,
,
,
,
,
,
,
,
,
,
::
"
"
"
--~ ,
,
,
~'~ '.
"', ~.''''',~' ':1;.
, T ~ 0 ,
"'-.", ''-''''-
.~~'-""""
" ~'.....'.230.
"
~
,-
,
,
o
.
n...l_..,
. ,
,
,
,
,
,
,
,
!'f1
,
,
,
..
,
,
"
'---~l
,
,
,
,
I"
,_.-
---~--
I .
'",
, ~
,
-
o
.
~
.
o
.
.
.
r~ ---
/ r--
,/ /
,
, /
('
.''')
,-----
,
,
~---,,~~
,
,",~,.nd _
=,-'.-~---'- T- -,..- ~~--,-,"",~:;:-..,
.--,--...."',.'--~..;_."'~
(,",'H'". ]fi,.1 ,
"""'^ ~:~;;v-ill""'" '_~"--'~-""''''-,)'~_''/
. . ..-
:v.1~a Sn:JSIHII-l ':-:. ~---
J _,.
-----;;j--'."r,.-'''
JOO'
'......
..
~
"
o
~
.~
~
--
------
--
.
-
~--
"
"
,
,/
--
~
./'./' ./
//
/'
224'
......
"
'.
...............'
~ '......
,
....,
.......... ' ,
".," ............
U, ......
,~
~
,
"
-
, "-
..........3
0,
~, ,
'I ,
, '
....
.......
~
'"
...
'.
,
,
'.
'.
,
"
.
~--
...."
", "
-'---~
',,-- ^',
" "-
,
,
"
,
.
"
,
.....
'.
".
".
,
"
,
-~---~-'
- ""0',',0'"
___.J.,L_
I
."-,;-.':1-
," ,
""
:':_Ou
.
,
.
----,.,
EXHIBIT 'f,D "
p~ I of z-
Agenda Item No. 1663
January 12, 2010
Page 16 of 27
, "
i
,
- -:!.:!l_Y'-"O,';
~.~,.,
I
!
~,1
"
_.'n'_
I .~ ,
;"'"
.1.:1
" ~ ,I
,'"
1:'1
,I
I
1
'.
.....
"
"
.
.......
,.
.
"
., ,
~ " ,
,\
,
, 'I
,
,
,
1
1
.
:: I ~
,
:.J
,
,
:. ,
~
<c
('
,
--
,
~ ~ ~
~ fi,;;
.j I 11 ~~
,i'l
I
~
~
,
"
~ ~.
.,
;..
,
......... ,,'
. ,
, ,
,
';
.
'.
.
,
,
~ :, ~,
0/" , ,
,
..... .
! , ,
, ,
, ~~
.
~ ..
.,
j
.-
~ .-
">"/
/.'
"
,
..
.
''"'"
,
.
.
s
,
~ ~~
'. ~~"
--,
""
~ ~'"
.
.
,r
~
~
'~
,
,
,"
,
,
"
"
."
,.
o.
~1
i?~
,~~
..J
,
"
'.
"
~
.
'.1
+-
, ~. ';j
I I ,,):;!l...
>, :., ~~;;~
\, 'E;~
~,;
--
,
,
-:--:ZJn-J"',--r;
" .~
I'f ~' ,
B ~ ~~;
,,~~ ~I"'~"
'c':,.
., ~ ~
-"". II
c, '" ~
i 'Ii
'.
, '
I. ....
~ ,
~
-
....
-.-
In,O'
!
"
~0
1
I
"
'"
,
:......
,
o
~.-
~.-
,
,.
,
,
,
,
.,-,
.~..",--
L
,
7'
:1
'.
II
,
,
.
,
I~
-
"
"
EXHIBIT ~nda Item No. 16B3
p_ ' . January 12, 2010
-- :2., of L - Page 17 of 27
-"
-------~-
~,
.
o
, -
"
2~~
"::3;1"'-
, .
~:,:-c'"
",eo>;,,,,
~U;o""
,
, ,
.
.
I
'. I
1'1
[I
"
I ...
,'Ii _ _ .2'~'_," _~ _~ I'
I ------,
,-,!l:-I '
I' '; -j!c
, ~:
~ ~l~ i
II' "
~ 'I ".'
I, ".
. I.I::;"~. ~-,
, ,.-,
~ t-~~; ;:E
. ~ ;'_3\ ~_
~ ",,, . ." ....-
. "L ~~....- ...."
-I, .J,/ ~~c~------e---
r:'. \ ~-B;;r.><,,<'
'T _-;...,.---~'" 0'..
.-3"".,. ." _,-
I" ~-___ ",,~. ___
(!o. ',c.s-- ___
IB "___/
o . /
,:. '::.:------\
-
-
"-
'.
~
,-.
~
~
<N
~
.~
,,-0
,-
'- N
1:::::
o~
o~
o.
.
~';I]
~
//2C
(' ~ ~ ~ ill TSll . 9 :~----;;,.::""w ~ 'I
\ ~ ~ ~r ~-. >"".,-' ,- ;. ,,,r ~ """,'''''. ..,,'
',- I" _~~_----o ~;;ps.
........ I'" '" ~." ~-~
'-l.., ~-
~~ . ~ 5.-
~./' ~
""--------------------
w"
IN
"w
cO
CZ
<
02
N
-
-
~"
WO
l~ :'.)
"'-:/l
"
o
lil :;
rA :":~1
...,.~OZ
,yC):;t:
00
-
.~<.
~~:
--g
, "',,-
I ' 'OW
........ .,w
U;yVl
Q,,--
:"'0<>:
;::: Cl
....... -... fr'
LJ...___~ erO
.--;(1).;: ,
"''-n.;;;::
~~6~'
O:Q~
025:0
'-rl:i
",r5~
~,--,-,
-.iJ-'
:--,,"'- '0
'-..,,~J'""'u
~~~~
U~~
r./J':g2
~<->--=-
:0-7
u'=;
,,5
-....;,_u
>-.....J',,:l::
~~)"'"
~z:j
cR
, -
"
("1..-
c:.:o
<~
o
,,"
00
w
~w
5[::
::,)
lLO_
,.'-'
'0
,-
-~
I
I
,
.
>0
~..
.,~
!~
.,
.
'v'
,
~~'
;}
.'
I ;~
"
n
I
-
,
,
I
,
,
, .
10 ~
,.
~p'
- ,
"i..
~~~~,
" .
c)c'S'
~.;
~.~~'
,,~~:;-
~~d
-
./"-71;>
/ ~"-_.<!.'i',
A/ ""-" .',>',
/.;.)'..~--:-{<)
/::..i ,....~, ""..: '\'J\
__~ '"".',-" ,0<,
;...' ~ ",--,-,-J : '.:.1
I",; ,~ ,
,..\ j'''3''
,'/.,'---- ,""
\..." ': "t:::J
\1'}~"~S;;;'.::.J /c'1'
,,~.... '---""'~
" '",v.;.-
'~ ' -.'
1
~I
0,
.,
"k
u
o
;,'l>
;;1:''1"
'I
~1,8
",0
<
z,
"
':JI
~I
<
,
'---"
.
1",
. \
:'1.'
y
,
,
','-", ~....,."O<
'''''"'"''''''-,-",
i\
9
,
--------~~------
- - - - -- -- ~:.11\= -----
------ i r --i
~; ,r i ./
"S ..r.\
'I ~~ A-t~j
~~ t -~ ~' .}~$i
j'!i ,I "\ :;
J ~ i !~
~ ~; 4~
~ ~~
. .I
"
----
-"
~
i /
!; /
,I /
-
-
.
t
,.
"
:1
,
.
,
.
"
".
5!,?
/\ "
I . (;'~
, , \ .
i " . ".
j ~~
, '. r' \3.1"iZ.oo~\ , \ 'I
, .' , \.I...tlI ,
I' ',.
i , ! , '.' ~
I , ~';j
,I , " 0 ./
, .' .> ~~ \~~
. .'
" ., ,
, " ;, .. :, ./
,. ~ ~! \
.. !, " ./
I " ,I ,
1 ./
\/
,
, .
"
.c
"
,
I 0
,
, I
0
I
I
I
I'
t~ ' I,
'l\!:' I:
.~1
I ,! I r
Jf"-L__ ~~a J-J
__,--. ' I
. "
~~
I ~I
II
,,'
.'. '
" -j~1
't I
L I
~i ; I
"~t I
-~ ~ I
~ "
I ti I 516 \
I ~r I I ),L---,;:-;:''-
\.~,,! ,l;--.&/." ~ "
", \
r;<'
I I ~ ~
-II, ;
~'I : .
FI I 1 ~
"', "
/1::. I ~ ~
I -.",,~.J!~; ___.1_____
-,,-.0-" _ -; '- I
---- ,--,-- _",,-r------i--___ -:---______
- _-::',-;<,,0:2'c"'''' l)! - - -_ _____ - - __
, ." ,/, --- --- I
I v ___ -___
I fl~ "'l :", -~ - ~,~ - - - __ -=:-----;J
I '::0 I,' ___I!
~, . ;!
~~! if ~ & II
", ~~~ "-:;'Z- ~~:dl
~~g. ~)~IH
g ~ _I~ ~ I
'I
.
g
_-"I"
,
. r'" I
g. "-,-
, ! \
, "
.. :~
~ I!' ..
~ "'I:
"-,I
. ,
.. ,
,.
.'~
..
,
. ,
, .. ...
':
C" .. .,:
..
... T ..
.. ,.
,
.. . , .. :,:
... .
, , ,:,
...
. ,.
..
, .
.. ','-
!'1
" ~i
,:. i;
'I" , ~;
~ , ~.
f'
I"'
;
..
9
,
,
.
~
.
.
.
.
..
,
.
;:
,~
I ,
I l ',"","' ~,""""
: r-.-'---------
~~r /' - -, :-- - --:o,,,,-.c,,-:o,~,.
f1~' ~
b,
_,f
-..
0:-'
,
I
~ ,
"i ~,
'" , ~~ .
r. ' ~r f~"
~?!" "H;
,"'""I "';
I '- I "0- J
- ---.,......-. - - - ,,-- -- - - --
,~ 'm., Nfl..- ~ .,
.00,,", .Li.'"__
I
,
I~'J----
I
'"""0"'''''''1 '
, .
'od"","~""',""" ,
-'.
,...,,~,,~ .. ",.I
,
o
~ ,
,1.
"iI.
k ~!~
.,:. ,,'~
'Ii 0',
~ ~ ~;g~
;:~! ;~i
-~~
,
-.,
,.
--.
..,
..~
"
o
.,
00
,
I
31
-
"
,"'I
.
"
"
i$i
,
,
.
"
~
I
i
f
I
,
,
..
" "
I"~ ,..
::;,,-Oi
~,"o, '
'",
.. .
'-"._
<<'"'<0><,
"''-'<8
"'0""
~"'ci
d
~
.
<
, .
. ,
, ,
.
,00,", ,
--
,._-''''",'....
I
--1--'
, i
.
,
.
"'-~--'."
,',._-'"'".
"--'-~,".._-,"'''~'
_..-
. ,
PROJECT: LASIP MAIN (E,W)
PARCEL No(s}: 138DAME
FOLIO No(s): a portion of 49706500247
Agenda Item No. 16B3
January 12, 2010
Page 18 of 27
DRAINAGE. ACCESS. AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGR~MENT
(~after referred to as the "Agreement") is made and entered into on this (i, '-<lay of
M~(' ,20 OG., by and between NASSIF GOLF VENTURES. L.L.C., a
Florida limited liability company, whose mailing address is 9130 Galleria Court, Suite 316,
Naples, FI 34109 , (hereinafter referred to as "Ownen, and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred to as "Purchase~').
WHEREAS, Purchaser requires a DRAINAGE,ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", which are
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner and Purchaser are entering into a TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT for Parcel 138TCE contemporaneously with
this AGREEMENT; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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 Purchaser for the sum of:
$1,750.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Ciosing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and finai 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
sprinkier valves and related electrical wiring, and all other damages in connection
with conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as proVided for in Chapter 73, Florida Statutes.
--.----------,
.
Aqenda Item No. 1 qB3
-Pawailuary 12, 2 10
Page 19 of 27
3. Prior to Closing, 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
-
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W,9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
-
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement for up to 30 days pending receipt of such
instruments, property executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
Easement In the event the owner cannot deliver the instruments necessary to
remove or release any liens or encumbrances affecting the Purchaser's enjoyment of
the Easement, Purchaser may etlher terminate the Agreement or close this
transaction. At Closing, payment shall be made to Owner in that amount shown on
the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
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 Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permtl Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
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.
,-
^--"--"._,,~,,->.,
-,,, ,_..",,-
"-----"
.---. ----,
..m__"
Agenda Item No. 1663
PagllriJary 12, 2010
Page 20 of 27
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
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) Purchaser'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 Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Untii 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
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 actual 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; nOf is there any other charge or expense upon
or related to the Easement which has not been disclosed to Purchaser in
writing prior to the effective date of this Agreement
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property 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 Purchaser.
(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 by
Owner except as specifically disclosed to the Purchaser; that the Owner has
no actual 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
Purchaser, that the Owner has not received notice and otherwise has no
actual 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 The amount the
Owner shall pay under this condition shall not exceed the amount paid by
Agenda Item No, 1 63
Pagq,l'Iuary 12, 2 10
Page 21 0 27
Purchaser for 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 Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attomey 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear mle,
all Easement recording fees, and any and all costs andlor fees associated with
securing and recording 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, Iien,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. In accordance with the provisions of Section
201,01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
required on the instrument(s) of transfer, unless the Easement is acquired under
threat of condemnation.
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.
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, 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 Purchaser. (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 Purchaser.
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 govemed and construed in accordance with the laws of the State
of Florida.
.~~,
-.,"-
--'-
.---'",,-- , -~._-.."
"'"'-'---,..* ",------
-
Agenda Item No. 1683
PaQllrfuary 12, 2 10
Page 22 of 27
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
Deputy Clerk
AS TO OWNER:
DATED: Ulf)/ t. ~n9
,
NASSIF GOLF VENTURES, L.L.C., a
Florida limited liability company
(2W4'./ ~
Wrtness (Signatu )
.#/MN ~~
Name ~Print o\T ype)
<'- 2(~3<
IC,.--,
Witnes'\5~ratuze)
...-( ^ I 'LJ., ''',1
r\V T'f:_h',j-' .=
Nanle (Print or Type) --~
-
Member
Approved as to form and
legal sufficiency:
\l-6AJ ~~
Assistant County Attorney
,-
.
.
.
'-'
I
I
I
I
I
I
I
I
I
I
I
I
I
..- I~
I".
I ~l!
~l!l
~~
...il
~~
I~!!
r ~
, ! ~
,
,
-
'-'_Om"",
I
I
I
l.oJ....~ fBLOCK2
l;>~(j I
~~Il. C\ Q
,"'", . 0 Q
g~.. LELY GOLF ESTATES
~ UNITINO.1
__ P.8. 8. IpG. 49
-'----..- --
l-Z~ (
SCl(L,'-.Ill!f
!I...
PfRPE1'UAL, NON-EXa.USIVE~ ::~
ACX:ES5, DRAINAGE AND · II.
MAINlCNANce EASEMEtIT. l!l "G
I- II'"
il~ II~
l:t:<\jll'
ll~ ·
~~ II
't.
~~ I I 8
i=: I~'" It! ~
Zo: I !J
;;: ".
u It ~d
I~ <.l~
f:j I'
g h
l
l~
".
a .13~
.
< '.
t ?;s
~ .
"
..
"
a:
TRACT A
1
.~
';ji->l
I'~
o.
le~
"
I ~-
r~~
I
I
I
~I
~l
-4
I
I
I
I
I
I
I
I
r
I
I
J
'"
I;! a
100.'"
::Z:(J)<~
1-41::::0..
""->-
"'<s"'"
I!;",~o:i
>- n:
~
8
~
~a
~Q..~
:2:V),<c:i
~l"J=e:o..
""->-
'" c5" .;f
r:;:,,~ .
,. cq
-' 0.
::J
~
~ ;;;
;:;~ .
,~
m-.u.
",
;j~~
a-
'< .
2:oi:l!
<u~
;;: "
u
......~.
'l-.J.,1;,'
!<...
i'lj;l}l~
;~~::
~ "'U
~...~
~Sl~l!lt!
~""
'"
iQ",
"'I
0",
"
~~ ;
c5Q,., u
~ - 0
0> ~
<r,,,,
~o:i
-0:
!l1
J:
i2
- 0
~o..C',j
oc:r::(f)"'I( .
I-lu~2i:
""-"
<( -.J (.) ~
0-0",'"
~'-'Q: .
>-!---,;cq
-' 0.
W
-'
S!
,~
t.~
~" I
~:JI I
;.J)
" ~
DORAL CIRCLE
Agenda Item No-:l6B3
January 12, 2010
Page 23 ofi 27
,
I
,
1
I
~
~
\ ~
'--.
~
(j
0.
",'
oj
n:
~
100.
f3~
,,-....
ciu
"'~
,.
~
'"
....
"
~
p"
-'
FVoRCel.NO. 138 DAI-<E
roil: ....
COWf:R COUNTY STORM WA TE'R MANAGDJDVT :m
.....
"IlL :::'
SKETCH.AND DESCRJp7l0i<: D.AAU~. :::::.
PARrOFLoTCHf,merSCIJSCOlFCOURSE:. ;..._,_..._...........- ,__ .,
P,8. 4g, Pes. J-of. _________......_..."
COi.JJER COUNTY, FtMlOA ~ ~--":::"'_-..."'i:'.::-.....':'y,~ se.o~
~
~~.
l;j'"l!
tfi~,.,
,
'-'-l(jVi
~~~
-":0' .
~h~
,~
~ +ga:a:i
{:;j - 01J.:
~ 8
, -
~
---------
Irt.8;f,
--------
'"
to
~ 0
~QC\I
-q;;C/)-.:;((j
f-Lu~Q
""->-
..:(-Juo:S
",0",
r-t.:>~ .
,. "'l
-' 0.
to
-'
"
~~
,I
'.
\0
~
_..L_S
--
-
"
~
a
~
,
~
<
~
.
,
~ t
. .
"
1 __
I ~
L----
-
-
I, "
-.
13",;
b~,J<l
..;.; ~u
1~ ~
,
-- I
I~ I
I
" I
eS I
~ "
~Q)~ ~,
I.....~ I -=-1
J~:~ I
I
ll~~ 1
";0" _
'~"'" r
'~",....
:5~rri I
.0(( r
8 I
-
,-
I
__J
s,..\JS
l"'\~~>J€._f{
,01
1R ---T--
-- "!
- .
~ ,
~ .
_/ .
- s
.
8
--~-
bf. .
"'''' ~
"" ~
8"'
.
kui l~
-,'" -
00. ~ "Ii
'" , a a~
"'* ~
8
Goj <
"
"
"'.
iOo.
:t
,,~
~~
~g
"
~.
(.i ea_
~$~'"
ll,;:o:9
.8
~<5
'.
,
.
LEI. Y GOLF ESTA TES
UNIT NO.1
P.B. 8. PG. 49
--------T-----__
11S'Ul.t.
$oo:Jnrll' J.:oO.OO
,
OORAI.. CIRCLE
8
.
.
CFmJIA, H~"~,
TEeM - ROW
APR Z 3 ZIlO9
'./lMItPISrOll'S~E...fTET"-IIOOEaJIAu:I>fOlaF.
z.p,a.l'l.__TOF'Ra:;lNN_
J.P.Q.c.-MNr(JFCOW'l<~r..
41l.Q.IO(_llIQ/l....o<_lI'Af,
1I1l.E,_DlWNAg:-~r.
.' L.II.C. - IAIJtI~C~ liIJI'1Vl ~"'1I!"OH.
r,lJU1/fNQS Me BAsm CJN l1lCfl-""",,,$TAJ1''''-MlI;
lASTil~/JJll;JeJIWADNSTiIEHr.
Il. o "-M,E -ORAINAGE.ACCESS"MAl"THI"'NCEEASE~E>lT
.
. '--'--~ '.' ... --~.."
DCSQ,oro"..
""'.....et: ..."
C>lrG>:ft'I1"(;I'A
,~
,,~ PlOn
Ilorr,,",,,,,.u,
Al;,ODf'l.'Z'l'.5Il1
".'00'
~.'~---"---" '
.llIlIl'RWCr:fNiI-
7599-2
$tlU'NII.
j OF 2
'U"l.'.
10252
...._.~-,,----
.-
I'
. ,
Agenda Item No.
January 12,
Page 24
,
I
i
,
I
I
I
.
I
I
.
,
.
...
DESCRIPTION OF DRAINAGE, ACCESS & MAlNTENANCE EASEMENT
ALL T1-iA T PART OF LOT CH I, HIBISCUS GOLF COURSE AS RECORDED IN PLA T BOOK 4-9,
PACES 3-4, COLUER COUNTY, FLORIDA BONG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE NORTHWEST CORNER OF SAID HIBISCUS GOLF COURSE' THENCE
SOO"J1'1 rW A DISTANCE OF J50,00 FEET TO THE CENTERLiNE OF AN EXISTING 100' 'MDE
DRAINAGE EASEMtNT BEING STATION 19+31.8B:
THENCE S89"28'43"E, ALONG SAID CENTERLINE A DISTANCE OF 1007.15 FEET TO STATlCN
29+.39.03,-
THENCE LEAVING SAID CENTERLINE SOO'.31'17.W, A DISTANCE OF 050.00 FEn TO THE"
SOUTHERLY LINE: OF SAID EXlsnNG DRAINAGE EASEMENT AND THE POINT OF Bm/fINING OF THE
EASEMeNT HERE'/N BDNG DESCRIBED,
THENCE: 589'28'4Q"E, ALONG SAID SOUTHERLY LINE A DISTANCE 0"- 38.41 FEET;
THENCE LEAVlNG.fAID SOUTHERLY UNE SI6'30'13"E, A DISTANCE OF 15.69 PEET;
THENCE NB9'2B'ffW. A D/STANCE OF J9.00 FEET;
ThENCE N14'24'/JrW. A DISTANCE OF 15.52 FEET TO THE POINT OF BEGiNNING OF
EASEMENT HERDt OEseR/BCD;
CONTAINING 5Jl iSOUARE PEET OF LAND MORE OR LESS;
SUBJECT TO Ef [MENTS AND RESTRlcnONS OF RECORD.
THE
--'----
GUY P.
------
NO. 4390
~
..,
COLLIER COUNTY STORU WAtER MANAGEMENT :m
IIIl.L1 m.
S1CE1r;H ....
AND OESCRIP1/ON: O,A"M.E ::::::
PART OF LOT CH I, """SCUS GOlF COURse. '_'. <::S.- _
,. .. "., ~ . .--.....-- -,---
" . ... -... ----.-----.......--..'"
iX1I..UER CQt/1on-; Fl.Of/fDA ~,,--':::::___-_"'>="=-..__:::_-:::.: $C.<IL
NOT A SURVEY
CC:;;~~U; 91"
llI!....~1" _
PlfOfED 1" ""~
-.
..
~liII ....0..." "0,
7599-2
~~
2 on
~~
'0252
~"
Dolt>-.n.2
......
>CAD"=_RJ'
683
010
f27
Agenda Item No. 16B3
January 12, 2010
Page 25 of 27
.'-..
Valuation Memorandum
To:
Paul Young, Senior Property Acquisition Specialist
From:
Harry Henderson, SRA, Review Appraiser
TE/CM, Right of Way
Date:
December 9, 2009
Subject:
Underlying Land Values, Hibiscus Golf Course lands
'--,
As per your request I have analyzed land value unit/prices relating to the land interests
Collier County seeks to acquire over portions of the Hibiscus Golf Course property
(owner: Nassif Golf Ventures, LLC). The real property interests being valued are as
follows:
1. Parcel 138DAME (581 sf Drainage Access and Maintenance Easement located
on the south side of the drainage canal running through the north part of the golf
course property).
2. Parcel 138TCE (an aggregate 5.339 acre Temporary Construction Easement
having a 1 yr term; this will be used for a construction staging area and will be
located on the vacant lands on both sides of the Hibiscus GC entry drive running
off of Rattlesnake-Hammock Road).
Partial takes (permanent and temporary) are typically valued on a unit/price factor
based upon the underlying land value of the parent tract In this case, the parent tract is
the 165+ acre Hibiscus GC lands. The bulk of the parent tract lands are zoned GC-Golf
Course which is consistent with its current use. A small portion of the tract (within which
a portion of the TCE is located) is zoned CF-Community Facility; this area fronts
Rattlesnake-Hammock Road and remains undeveloped.
.-
While the subject's current use and improvements are for a golf course the Highest and
Best Use for these lands is judged to be multi-unit residential except for that portion
fronting Rattlesnake-Hammock Road which would have a likely conditional use/quasi-
commercial usage (based upon surrounding land uses and future economic feasibility).
As such, the underlying value of the lands will be based upon both a multi-unit Highest
and Best Use assumption except for the area fronting Rattlesnake-Hammock Road
Collier County Transportation/ROW Department
-,~-,-,--
"'-"~~' "-'-
Agenda Item No. 1683
January 12, 2010
which will be valued based upon a conditional use/quasi-commercial HSBU. Givewge 26 of 27
currently weak market conditions, there have been a paucity of such sales over the past
3 years. The following market expressions (closed sales and active listings) are the best
available with respect to overall comparability with the subject tract:
1. Palm Springs Blvd, Naples, FL 34104.
Sale Price: $3,450,000 Sale Date: 6/08 Size: 10.75 acres
Reflects: $320,930/acre or $7.37/sf
This is an approved RPUD located just north of Radio Road.
2. S/S Golden Gate Parkway, Naples, FL 34105
Asking Price: $985,000 Size: 5.15 acres
Reflects: 191 ,262/acre or $4.39/sf
This is an active listing of Estates zoned land proximate to conditional use/quasi-
commercial properties. Located near the GGP 1-75 interchange.
3. 4710 yth Avenue SW, Naples, FL 34119
Asking Price: $2,200,000 Size: 9.11 acres
Reflects: $241 ,492/acre or $5.54/sf
Located along the Golden Gate canal in close-in section of GGE. Property is
poised for subdivision and Estates-type single-family development
Based upon the above market expressions (inclusive of negotiation margins applicable
to the asking prices on the active listings) a unit/price Of $3.00/sf is judged to be
reasonable when valuing parcel 138DAME. This easement interest represents an
approximately 85% encumbrance to the property. Therefore, 581 sf x $3.00/sf x .85 =
$1,490 (rounded).
For parcel 138TCE land value would be estimated based upon the split zoning of the
underlying parent tract 3.727 acres of the TCE area have the CF-Community Facility
zoning while 1.612 acres are GC-Golf Course zoned. The CF zoned piece is estimated
to have an underlying land value based upon $7.25/sf while th GC portion of the TCE
would have an underlying land value based upon $3/sf. The gross value of the CF
zoned area is therefore $1,177,000 (rounded) while the gross value of the GC zoned
TCE land calculates to $351,000 (rounded). A TCE with a 1 yr rental term is typically
calculated at 10% of the underlying land value or $117,700 for the CF land and $35,100
for the GC zoned TCE area; the total appraised compensation for 138 TeE therefore
comes to $152,800.
Collier County Transportation/ROW Department
MOl'-
aJ~N
<.00_
~N 0
. '.
'~~-'"'\ N ,-
~N
<D
. C' OJ
-",rn
$::::;0..
-c
rn'"
"0 --,
c:
<D
'"
.0:
---
,,-~
(f)
I-
Z
UJ
:2
UJ
(f)
<(
UJ
(f)
(f)
UJ
()
()
<(
>-
a::
c2
o
CL
:2
UJ
I-
o
Z
<(
UJ
(f)
a::
:J
o
()
LL
--J
o
C)
(f)
:J
()
(f)
-
OJ
J:
C)
Z
-
S
o
J:
(f)
o
I-
o
J:
CL
--J
<(
a::
UJ
<(
"-"..,,-~-----
... "'''''''--~'-'- ~ '1':;Jii
~AGNEl3Lv!):
, -----,,-
,---,_. . , ---.-.-- '--.-
.,----,-