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Agenda 01/26/2010 Item #16B1Agenda Item No. 1661 January 26, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way, Drainage and Utility Easement which is required for the construction of the Vanderbilt Beach Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $9,917.00). OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual non- exclusive road right -of -way, drainage and utility easement required for the construction of the Vanderbilt Beach Road Extension Project, Phase I. CONSIDERATIONS: The subject Parcel 227RDUE (a legal description and sketch of which is attached hereto) contains 0.38 acres (16,583 square feet) and is located on the south side of 12a' Avenue NW. The parent tract property is owned by Hercules Richardson and Sheila Brooks. The purchase price is $9,517.00 ($25,000.00 per acre) for the easement parcel and is equivalent to its 2009 assessed land value. An appraisal indicating the most probable sale price of the easement parcel in the current real estate market has been prepared and accompanies this Executive Summary at the Board's request, but it has a limited relationship to the overall cost of this parcel as part of the project. The appraisal, by itself, does not take into account the attorney fees and expert fees and costs which the County could expect to pay if the relationship between the property owner and the County becomes adversarial. Fees for a property owner's appraiser, engineer, landscape architect, building contractor and attorney could easily add up to many thousands of dollars, and the County would be obligated to pay them under the provisions of state law. Staff believes the following are compelling reasons to purchase the subject property at the negotiated price: The owners are cooperating with staff so there are no attorney or expert fees. A single expert witness hired by the owner is likely to cost the County more than the difference between the assessed value of the easement and the market value of the easement. 2. This is not a forced sale. It will be several more years before we would have to take the easement through condemnation in order to proceed with construction. Conceivably, the owners can afford to wait for the market to improve in the intervening years. However, the owners are willing to sell now at a time when prices are low. The principle of substitution, which lies at the heart of market value, does not necessarily apply when it comes to negotiating the purchase price for right -of -way. The principle of substitution states that a buyer will not pay more for any given property than that price for which a substitute property of equal utility can be purchased. In the case of right -of -way acquisition, once a corridor has been approved, an alignment has been selected, and the roadway improvements have been designed, there are no substitute parcels which will satisfy the project requirements other than the parcels for which we are negotiating. Agenda Item No. 1661 January 26, 2010 Page 2 of 17 4. When negotiating a price for right -of -way, it must be remembered that, regardless of the market value of the property as indicated by comparable sales, a property's assessed value may be introduced as an admission against the interest of the petitioner (when the petitioner is County government) in the event the easement parcel must be taken through condemnation. In which case, not only is a jury likely to give sympathetic weight to the property's assessed value (when it is higher than the current market value), but the petitioner must pay for the costs of the proceedings (which includes the fees of the owner's attorney and the expert witnesses for both sides.) FISCAL IMPACT: The fiscal impact is $9,917.00 and includes the $9,517.00 as the negotiated price of the easement plus title search, title insurance and recording fees not to exceed $400.00. Source of funds will be paid from gas taxes and/or impact fees. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. - JBW GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: Based on the above considerations, Transportation staff is recommending that the Board of County Commissioners of Collier County: 1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 227 to Collier County and authorize the County Manager, or his designee, to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Authorize the County Manager, or his designee, to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreement; and 5. Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Sonja Stephenson, Property Acquisition Specialist, Transportation Engineering & Construction Management Attachments: (1) Easement Agreement; (2) Property Location Map; (3) Appraisal Report; (4) Legal Description/Sketch Agenda Item No. 1681 January 26, 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16131 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of- Way, Drainage and Utility Easement which is required for the construction of the Vanderbilt Beach Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $9,917.00). Meeting Date: 1/26/2010 9:00:00 AM Prepared By Sonja Stephenson Property Acquisition Specialist Date Transportation Engineering 8 Transportation Division Construction Management 11612070 3:24:36 PM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering & Transportation Division Construction Management 11612010 3:32 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 1181201011:04 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 1/812010 3:35 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 111112010 11:26 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 1111!2010 12:52 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Transportation Division Transportation Administration 1/1112010 4:38 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 111212010 11:13 AM Approved By Jeff Klatzkow County Attorney Date Agenda Item No. 1681 January 26, 2010 Page 4 of 17 111312010 1:47 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 111412010 9:10 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1114/2010 3:25 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1116/2010 9:45 AM Agenda Item No. 1661 January 26, 2010 Page 5 of 17 Parcel 227 — Mr. Hercules Richardson and Mrs. Sheila Brooks LAND APPRAISAL REPORT Agenda Item No. 1 January 26, 2 ge6c VBRv Map RaBomowa Rbhamen Centa 11202 S33- T48- R27 nVV Property Address 250 12th Averne NW City Neples Cc" Collar SI M FL 2b Coda 34120 Leal Descripdm Golden Gate Estates UrM 19 E ISOl of Trect Said Noe $ WA Dm of Sea N/A loan Term WA yrs. Properly Rights "Sod Z Fee ED LiiMW De Mnlrr s PU Adel Peal EM Texas 1700.99 ter) Inn charges to be paid by saMti N/A Mw WIN wreashow N/A LBkegClla t Coww County Gov/Trarsoortetlon Division Addess 2885 South Horseshoe Drive Neiple, FL 34104 Occupant Vacant Appraiser Harry HeMaraon, BRA ImhaBms M AppldsarEsttnete Market Value Parent Tred/Partlal Take Folio 037546800008 London Lj Urban Subusbn Rural Built Up ❑DwE 75% ®25 %a 75% El Under 25% Grown Rate ❑ Fully COs. ❑ Rapid ❑ Stmdy ® Sim Pronlyvelum ❑Incrasng El Balm ®Declining Damn(Supply ❑Shone ❑iBalm ®Dwesuppy McMrg Time ❑Under 3 Mm. ❑4.5 MUL ®Ova B MOL Planes land Use _A531 Femiy_% 24 Family _ %ApM. _ %Condo 5%C,,WCW __% Industrial 40%Vecrat _% Claude In Presort land Use 17—Not may ® ukey r) ❑ Table Pau 1') From yacerrt To sinnle- femur Pledminvt Occupancy 0 Carter ❑ Tenet _1i vww Single FaMy Pram Rerge S MOOD W$ 360.000 Pammbant Value F 140.000 Split FamBy Ape 1 yD,m 3QyrL RmdonBmrt Pen 10 yn. I Comment ndudllg 6me leclon, Mvorabie a udwaraN4 Mfednp mMkOWft (ap. POOR; pads, schools, view, Good Employment salway ❑ CWaft cob Employment ❑ Correnlence M ShoppMp ❑ Comeneme M SMOOb ❑ Adequacy of PubibTreapomlm ❑ Reantloml FadlOm ❑ Adequacy, ol Udift ❑ Property coapdbll y ❑ Prmaan hen DoMerul COrdidms ❑ Poke ad Are Prd ecom Or" Appearance of Properties � ApPWto Matra ❑ A . Fair 1 2 ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ Poor ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ness):See aeached adds s. Dlmadom 150 x 860 IDnhg daellcetlon Enteten awe conform bt Mas mid Highest and hest we 0 at use 7Accm evenhalO le -tam Public Ole IUeedbe) E IMPROVEMENTS Elm. ,� ®Polk ❑ Plivape Gas ❑ dem Water ❑ ® plak PMOB San. Sawa ❑ er ❑ CurWGOMr ❑ Urdergroerd Ebd d Ta. BtreelU Ate CanmeropavoWbaunaaoreMe ndudll0 wy aplaaq adwreeaame, eeMmmnb,adMaaere No adverse mndhlom observed. and/or remMN ud 227 Sq. R or Acres Comer Lq Prompt Impmmwb ®tlo ® do not cortwm M Until regulation dery mere Togo Level Side Com tibb vMlh area Shm Recta ular New Ne hbodaod Dra rape ears to be ads uate btmgopnybmadhsaNMamNBPCWFbWMUdAm? ®Nm❑YN condlbnsy Zom D Comm#12008700250G dtd 11 /17/05 eeaemene edst on One eke; Ovese, are common in the area and do rot Impact value. The mdenned ea needed Up neept 0bs of Fepwtln most *ft ad pat. M sums ad has aaudao he in m manta aayab. The drmbWi amts a dote Id m t Medlin NM Mm b Moe mina of el0amm vaMM UU, m ai and c mmahh PeamL 8 a e ipmen" inn In be cmparaw Pokey b apww to of mole fm" 00 m SmOct Popery. a tam ( -) NMsbM is nude Over reducing M iduad w e Of ageb I a agetean ken M to cepanebi k Mend It or tea I&OWLl #0 BE subild Proper', a pia ( +) adlaa9ll b made 00In MEN the Indicated Ulm of On WIUIKL "EM I SUBJECT PROPERTY Address 260 12th Awns NW Na en FL 3412D COMPARABLE NO, 300 14th Avenue NW Natolps, FL 34120 WS Jung Soneverd Naples, FL 34120 NIS 45th Avenue NW Naples, F1, 34120 Pr WA 0.34 miss NW 1.40 mites NE 4.49 miles N 13 OOO/ac 32,500, Mja#20803D985 3 12,0001m; S 30,000 MLS#207046588 S 15 84218 1 25.18i MuErea 06794 +Prop D*ofSoleam fl +f-AlAdjust DESCRIPTI DESCRIFIIDN +HtArflustw 11meAdlmaet WA 5/OB 7109 2AD9 n GGE Simiter Similar Similar 2.27 epee 2.50 awes in ac 2.50 awes In ac 1.59 acres in ac To n Level/natural LeveVMrrel LeveUratuM L"Viah"I lwiIng Estetes Estates Estates Land SANS or Rmndnd Cmomsbm N/A Cash w Equiv. Cash w Equity. Cash or Equal. Ner Ae. nduted Value up Suhbd Comments on Market DO: sae ettedad addeMe. + 13.000 + 12 Am + El- 15.842 Comments and Conabns of Apont0: Sub led and comos are compared on a sere um ofte beau. Parent tract Land Vaka: 2.27 twee x 15 D00/acm = $34,0D) (rounded) See aleded Lknfflm CoMAioro. Rml Recuncll atoa TmkIma parool, Apt term x $15,000 - $5,700. Derma sat $2,835 Total Com msetlon: r NT1aAl2 THE team VALUE. Apt teeaes. N emaeoT eammV, N N Nov 30, 20 09 to be S 8,535 HaEM Henderson. SRA ❑ Did ❑ Did Nd Physically Impact Prapwfy Appraisals) Farm Appraiser al applicalps) Ira] Cola County Govemnept Form LND — 4VMTOTAV appaMO salwene by a b more, ft. — 1- MAtAMODE 17 Agenda Item No. 1681 January 26, 2010 IlAw Re 110 Perot 23MOUEI PM ge7 of, 17 Supplemental Addendum Fite No. Parcel 236RDUE BomNer/Ced Richardson Pm Addase 25012th Avenue NW C Ne Costly Coyer SRO FL ap Cade 34120 LM* Cooler County GovoTransportallon DNblon • Land, Nelahborhood Market Factors The subject is located In the central part of unincorporated Collier County In the Golden Gate Estates area. Golden Gets Estates Is a sprewling pre-platted subdivision consisting of acrmg0 type slrplo-family horn (1.14 to 5 acres typically) In s semi -rural mttlng. Essential services ate within a 35 minute drive Into greeter Naples. The subject street rune west off of Wilson Blvd. Maintenance Ieveb In the am are werage. • Land: Market Data The subject and comps are compared on a unit/prlce (S/acm) basis. This method eliminates the need for direct sibs adjustments. The mica cited are all Estates mood lands located In the general vicinity of the subject. The o 11 rml estate market has been in decline since late 2005 and remains exceptionally seek; the Estates market has been especially sort due to a severe supply-demand imbalance In this area. The mlm cited are mtsthmly recent transactions; no time adjustments have been applied In order to ghm property owner's every bent! of the doubt The indicated unit prices range from $12,0001acre to $15,842/s me; given the comparison criteris dimmed. a unit price of $15,000/ecra Is selected as reasonable for the underlying unit/price value for the subject lands. Damage: The proposed VBRx Is judged to ormte a negative "change in location' for the subject land. This Estates =ad she will now back up to VBRx, a dMded mulWene thomfem. While the site will have any future driveway access off of 12th Avenue NW and the ample•treed rear yard cold provide an adequate visual screen from the new roadweythe appralser recognims that the site will suffer from the nagethm influence of increased traffic noise resulting from this new roadway. A 10% damage to the remainder lends is judged to be reasonable. Thus- 1.50 more remainder x $15,000lacrs x 10% damage factor - $2,535 damage Form TAW -- WOTOTAL -appmM sdMON by a la mode, Inc. — I- M&AMODE Agenda Item No. 1S"1 January 26, 2 10 NO File No. P�1236HDUFI PmA ge8c 17 Location Map Bonosar 9er1 Richardson PrDpffry mm 26012th Awaus NW CKY NaPles CUM Collier SO FL AP GO* 34120 Laxlx CoMm County GWrrmmportation Division AL V �g.n_A."�E �w_W* F Q�1 �,; L_�•Y'4 � 86tlr� l t , 1 _ _ All; 4w N � oNs i Btt f Y.. Farm WAP= —' MnTOTAL'sOOmMM SORWam by B l9 mode. m0. —1- 800- AlAMODE M incg� Agenda Item No. 1 131 2 EHM'I �V 26, 2 10 Men Fax tor- el aFamlE, Pwax n age 9 ot 17 DEFINITION OF MARKET VALUE: The me probable price which a prod" " bring In s cmToon and man new in* an cmg m rename, to a fair so, the buyer and an*, each acting pftWm*, aewadpahy add wareng to price Is not athacdtl by aided d uac. ON" In thus delMWon Is the consummation of a set as of a sPNM des am lee passag of 16 hat an& to bye ON cohwem whseby: 0) buyer and seser n "Iasi maNead; P) bah pares n wes Ieonlled IX cosh 8doed, Intl ad1 aaag It wad be tmtidiac ow owrf lost eoeresk p) a remba tlma or abwed fa sigmas In the opm mamA (4) paynes m made M are of can in U.S. mans a in coma of Nnanctal amnmermna corrpana tlhdaa; ad (r) tie ptn represent, to come mmidaMn It, the pmperb cod undimmed by spedai a cnseae finning a miss commands- gmrled by mycm aasodod wad tie adL 'Agasorna to One wMarables most be made for special or dative fire" a sues concessions. No wiluehmm n mcaasaty for.tlem coo retch are normal Paid by see as a moult at ngm or law In a market arm; One =o n rchy nwDmba at= the seats pays Ow main In simple as On tmmsmas. Spedai a creNim aatncbg Idjueaerte an be nee to the cmgeabn property by canpenam to demanding her offered by a Ndm party aM WW hider thw N not Wrenn lwdved In the property w aereacuoh Any adptshea aiaN not be aNdod on e meclocal dollar for dollar met of tie aeraig or concession be the tldar awn of any ayuebrt shout appladrma NO nasmyc anon to he aanmhp or cmcm ami based on tie appnleer's JutlpmrL STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMRINO CONDITIONS: The appraiser's ceithm n then sppeens In Ne sp rural repro a smjed to Ins mlavdng commons: 1. The a"n aw M M be rapomihb for laam of s laps men that acct On In property being sponsored a fns ale to L The APOraer assume tine the Ube IN Porn erd Isrlaable and, thiadme are not render orb oplNum abet the Nis The pro" or modeling on the basis at it being nor responsible owramp. 2. The appmser has proMided a 0*0 In the appmsa report to saw approximate dhenskma of ON bnpmmmea and the snatch a IncWed any to aorta the media of tie report In arldrg the property and understanding the appa mess determination of a alas. 3. The appraiser had eoMmd the miable flood mega that n provided by the Federal Emergency Marmosets Agency (a oft data scats) and has "tad In the appraiser report whether the subject M Is located In an idddfied Special Flood Hazard sued. Becuuse low appmaw Is not a surap. he a she rams no guaranteed, apes a Implied, regarding this demmirthora 4. The morass we not gore tathmm a War in =w because he or she made an appralal of the pmpab in quesan, uass merlon magmea to do an lam been made beforehand. S, The moment has estinamd has helm of the am In In mat approach at Is highest add bear me and the arproswmre at then mMhueory wow. Thee mode "adore of Be land am kmammets no not be uses In calwdm with any mow apprehend and n named I troy n = used. 6. The eppraad has nod In the appraisal repot any mares mmmm (sum as, needed repairs, deprecntlm, the prawn of hazardous wale, ends subsancas, at,) obswved dump ten Inspection of the suW pmgrty or tin he or she beam ewes of McYp the con eed research aoaed in performing ma appressA Umss oddndse eta ed In the epgaoY mount tie eppm er his m knowledge of ace hidden or anpparord mrMwe of the prupdty, in advert, amimanwal co dNam (Incuang IN pram of Idwdms wash, mdc substances, at.) that woaid make NI Property man or Ins valmole, sad has sawed that tea am ro such corderms tad mein m pmaaea IX wamales, express a inebled, regamhg the =notion of the property. The appradw we not be rPonsiba for any men mmeom that! do odd or for any epgiredng or owning had mghi be required to discover whether such mudNom etla Beema the moment Is not an wpm In the Said of emhmrel resents, tie appraised moon maw not be mnsiderm a an wwtronrmd Measure of NI property. 1. The appraiser obtained NO In amthmt ammaow, and ophom tine will epreessd In the momad fepmt hoes scones 00 he a she oaenes b be means and beneath thhern to be one and =r0. The appraiser does rep assume mpmmbft for the accuracy of such hems this were furnished by ones parties. h. The appeaser coil not denture the coed. of the apprad mW incept a provided for In tie Umom Standards of Prommoral Appraisal Practice. 9. The appraiser has based his a her appraisal report am dainties conclusion for an appratml tlm Is subject to satisfactory compaan, mpabs, or summons on the assdWlbn thn completion at the Improvements win be Wm* in a woammge rmer. 10. The appraiser must provide his or her prim wdpn maim bare the antler/mw specified in tie appraiser report an dwrme the apparent report (Including conclusions abort the property "ore, tie appraisers nesdb' add professional designations, and remwces to any professional minaiW organizations or tie hen with which the appraiser In associated) to anyone our than the bo=wer, tie mrgapee m its snccasam and anions; the magage aura; commas; professional appraisal orperaathwa; any do w federaN approved Nrncal asedmc or say depari meaq, a Irbrare.lty of the United Sates or any sad or the District of ComMa; eaept flat the IasdWclse may distribute the property desorption section of the mow ordy to dab collection a reporting ml*$) wnhee havirg to aboard tie appraisers peer worn =con Tim appaser s wow must cod apprdnl asset also be Obtained before am appraisal an be comeyed by ayom N Ins public aaph adamsirq, pupa moons, mn, an, a title seas Freddie Mac Form 4396-93 Pape 1 of 2 Fame Mae Form 1004B 6.93 Form A01— xMnTOTAL' Cover Cowry GOmmn S m appraisal sodwae by a or made, Inc. — 1AOPALAMOGE Agenda Item No. 16B1 January 26, 2910 e10ofi17 APPRAISER'S CERTIFICATION: The AppNsar coon and saw mac 1. 1 ham mentioned that subleul merkn afro and hava selected a m rdnum of then recto sake of propntlee "" smiw and grumps to the subject pmpNV for wmlderabDn In to Aka dmpad$Dn anayak and ham made a dollar a gulment when appropriate t0 Mlect the madW reaction to these aRu Of sl tat variation. B e slpOcM tom In a compensate property is supeda tat, a Rure lines* man, the ublM Property, I hava mile a negative sebush a ct to swung, the edILeft Ales prim of the comparable and, I a slgnman Bon In a nom evable property Is Madw o, or in amrabe than the subject property, I have rode a poskhro adlusmss to khurAA that aqusled sales prim of the conMOL 2. 1 him Wm Into mmdwafton In twin that have an Irryaa on Wile In my dwopmat of the eft of mrsst value In the appnkd report. I here rep nommily would will sghdirad kdomebm from to Ippnlea Report Intl I blue, to that beg of m Imwledgm, that d SUNWh and too., con In to appralAl report are in and Comct. 3. 1 soap In the appraisal report coq RV own personal, Welland, cod pmlasoM aayals, oplNaa, and concessions, Mon ate reduce any o the c~ and Ilmklp caWBona spewed In M fans 4. 1 him no praM a prospaise hanut In the pmpary 99 Is m subject to tiro Report and I ham no preens or prospeorm personal IntM a blu with respM to the paddperea in to tramectlah. I did not hum, War largely or coniul my will aMOr the admde of market vain In that appraisal sport OR the rem, cola. M9WL a& Want, himself 6=. or mboml origin of either the pmspabre peas or acwpans of to subject property or at tho VM owners or towards of the pmperM In the vldniy of the sugmt pmpenly. 5. 1 hava no pores or communal Mn kdffW In the subject Pmpany, and mom my moral or team erryloll nor ne, compaaebon for performing NS appraisal Is cmen9M an to appraised was am property. S. I was not Required to sport a predetermined rake a dkecom in vale thW ovom the cause of the Clem in am, rested party, the ernoM of the rose estlmle, the aalnmat of s eceogc result or the occurrence of a submitted evM In order to renew my campwmW anVor apbynen or Wonting the moinsd I do not bus tho eppnlM report on a reWMed minimum velatlm, a spectic selection, or the reed to approve a spats mMpape Ian 7. I performed this appraisal In conformity wish the Udomn Standards of Proluskml Appreleal Practice that were adopted and praMpM by m Accrued Standards Bard of The Appramal Foundation and 10 were In piece as of the o fed" dale of this ppNsel with tho mepbm of the departure provision Of down Standards, which don not apply. I acknowledge that an esbmak Of a rAAnable In for awocre In the agar mrta le a cadges an the daNtlon of Repot min and be abmak I deaoped Is cm ilrtwd with bat mrkebnp Un mod in the neighborhood borhpm section of this report, unless I here *male seed In the recomlledon ngkn. g. 1 ham personally Impacted the inter and anerlor wear at the subject property and the eMkr Of a properties dsad as comparable; In the apphaN Report I fuser amly sal I hie noted any apparent or sawn adverse conditions In tw subject Ipmrprl age subject site a an ant she within ate Imnedso vicinity of the subect impact of which I am swam ant hove made idjusbnem fa thew adVBree condition In my aaysk at the property mare to err am red I had market aldence to unpin maim. I hm also Canmmd about the affect of to 'chrome mnAms On the maMM110 of the subject properly. 9. I pmsonsi prepared as coMatae and OPHOM about the m1 ads that were sal mM In that appnlAl Report. t I rolled on spiritual prolusoM assistance hart any Indhldual or IndWdus In the perlomance of the appealed! or this preparation of the appraisal sport I have armed such kdukalje) and Duckaed the specmc tun gMamd by hem in the recoreFatm seclla of this ppnlel report I eemy that try odindual so aped Is qualified to prom to rasa. I have M Adsorbed am,one to Russ a change to any hem In the report thwefohe, t an members! change Is made to the appraisal report I will ass no respoMtHily for t SUPERVISORY APPRAISER'S CERTIFICATION: I a Supo naory pp also aped the appraisal report, he or she caDBn sell agrees that I dlrl speMss the ppreka who prepared the appraisal report have redewed to appraisal report agree with the saartMS end conclusions of the appraiser, agree to be bound by the oppWsers CWICabonS umbers 4 through 7 above, ad am taking NI respuaibdy for the appraisal and the Wprasu Report ADDRESS OF PROPERTY APPRAISED: 25012th Avenue NW, Was FL 34120 APPRAISER: SUPERVISORY APPRAISER (only It required): Sgaaa: Squaw Name: Ham Henderson, SRA NM Date Signed: _November 30. 2009 Dale Signet State Cerfifipnda ate: RD3475 state Cabteabm a: of San Loron st.. Or State union W: Sera: FL Stan: Epiredon DMofCarooWOnef Liceme: 1113D]10 owiram Date of Cerdfballn a LOemu ❑Did ❑ Did Na Impact Property Fredae Mac fpm 439 6-93 Page 2 of 2 Fantle Me Pon 1OD4B 6-93 Form ACB— IffnTOTAL' appraisal software by a to made, inn — 1-BOOAtAMODE _ ua 12th AVENUE NW Page N W E' EAST 150' OF TRACT 94 S ROE, JAMES S h RICHARDSON, ALINA E HERCULES d ` OR 3158/3387 BROOKS, SHIER OR 2655/297 TRACT 94 83 GOLDEN GATE ESTATES TRACT 99 UNIT 19 PUT BOOK 7, PAGE 78 WEST LINE OF EAST 150' OF TRACT 94 EAST LINE OF PROPOSED TRACT 94 675 679 VANDERBILT BEACH ROAD SQ. FT. SQUARE FEET RDUE ROADWAY, DRAINAGE AND UTILITY EASEMENT OR OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT 664 655 OF LINE TABLE LINE BEARING: LENGTH Ll ' 149.98' L2 Egg NOG gW 110.55' L3 I NB9'31'1GE 149.98' L4 '4 110.58' LEGAL DESCRIPTION (PARCEL 227 ROUE) A PORTION OF TRACT 94, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 94; THENCE S.89'31'40 "W., ALONG THE SOUTH LINE OF SAID TRACT 94, FOR 149.98 FEET TO A POINT ON THE WEST LINE OF THE EAST 150 FEET OF SAID TRACT 94; THENCE N.0028'467W., ALONG SAID WEST LINE, FOR 110.55 FEET; THENCE N.89'31'10 "E., FOR 149.98 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 94; THENCE S.00'28'46'E., ALONC SAID EAST LINE, FOR 110.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL. DESCRIBED HEREIN. CONTAINING 16,583 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. 0 00 In 810 0, SKETCH h DESCRIPTION ONLY Wb116Ai "'m•°R°6�°N"�'�'a,°}"n"`�19A �n1m, FmTM1pN // 7P6 NOT A BOUNDARY SURVEY w "'; I•_ayo' srmc wee FOR COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOi�o, p�NIO � ,.y y � µ0 M� m sub w VANDERBILT BEACH ROAD EXTENSION 6c rloo.4 SKETCH $ DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE & Z•TS PARCEL 227 RDUE eF1owRF. F.1D�e., s,vu. xoF COLLIER COUNTY, FLORIDA P�eti: (¢pI 4Fl M FA PIA 6F7 L6 Hi 114 1661 2010 of 17 PROJECT: 60168 PARCEL No(s): 227 FOLIO No(s): 37546800009 EASEMENT AGREEMENT Agenda Item No. 1 B1 January 26, 2 10 Page 12 17 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of 20_, by and between HERCULES RICHARDSON AND SHEILA BROOKS, his wife, whose mailing address is 5025 Wiles Road Apt. 207, Coconut Creek, FL 3307311206 (hereinafter referred to as "Owner'l, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a 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 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: 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: $9,517.00 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, 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 attomeys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 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) Right -Of -Way, Drainage and Utility Easement; (b) Closing Statement; Ag , hem No. 1 B1 a ary 26, 2 10 Page 13 0 17 (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 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 Easement. 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 ("Improvementsl 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 permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to 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 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) 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, Ag %U((em No 1 B1 S�rt%ary 26, 2 10 without first obtaining the written consent of Purchaser to such conveyancLPage 14 17 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. (fJ 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 Owners ability to perform hereunder, nor 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 except as specifically disclosed to the Purchaser; 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 Purchaser, 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 generafion, 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 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 Owners representations under paragraph 7(h). This provision shall survive Closing and is not deemed safisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement 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 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. 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. Agenda item No. aggiltuary 26, 10. This Agreement and the terms and provisions hereof shall be effective as of the datd'age 15 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 governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED_: S, .'a22D)D L ness (Signature) 7 N a (Print o Type) Witne (Sig ture) (J01&aAUWQA1 Name (Print or BOARD OF COUNTY COMM COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman HERCULES RIC RDSON 17 dimness (, Signature) Q, )n Jeri % %lam Name (Print or Type) r 14 av— Wi ss ( gnature) �'4o" d , Name (Print or Type) Approved as to form and legal sufficiency: r AssistMA County Attomey Lett Revised: 2/19109 3--irJ1Zief -2 3 -WOtTE M Rif INUMIFUl'.1-40101 . Agenda Item No. 89a ary 26, Page 16 10 17 12th AVENUE NW e N W +E EAST 150' OF TRACT 94 3 ROE, JAMES S k RICHARDSON. ALINA E HERCULES & OR 3158/3387 BROOKS, SHIED OR 2655/297 83 I'GA '� TRACT 99 GOLDEN GATE ESTATES UNIT 19 PUT BOOK. 7, PAGE 78 1 EAST LINE OF TRACT 94 578 1 579 660- l.1. ➢Rf 60 I 881 .T BEACH ROAD rS0 RACTIN 4OF S0. F7. SQUARE FEET ROUE ROADWAY, DRAINAGE AND UTILITY EASEMENT OR OFFICIAL RECORDS (BOON /PACE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT January 26, 2P10 —Raw 17 of 17 661 LINE TABLE LINE I BEARING LENCLN L1 148.98 L2 M -4CW 110.56' L3 NOW31-ITE 148.98' L4 ' S 110.55' LEGAL DESCRIPTION (PARCEL 227 ROUE) A PORTION OF TRACT 94, GOLDEN CATE ESTATES UNIT 19, AS RECORDED IN PUT BOOK 7, PAGE 78, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST. COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 94; THENCE S.89'31'40•W., ALONG THE SOUTH LINE OF SAID TRACT 94, FOR 149.98 FEET TO A POINT ON THE WEST LINE OF THE EAST 150 FEET OF SAID TRACT 94; THENCE N.00'28'46•W., ALONG SAID WEST LINE, FOR 110.55 FEET; THENCE 14.89'31'10•E., FOR 149.98 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 94; THENCE S.00'26'4S'E., ALONG SAID FAST LINE, FOR 110.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 16.583 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. a am YCM6 A NY°. IML MTl1p SKETCH h DESCRIPTION ONLY NOT A BOUNDARY SURVEY .,..... 1•.199' - fm,sN 91R+ // )/� FOR: COWER COUNTY GOVERNMENT WARD OF COUNTY COMMISSKRIERS 1°j y yq,4Aq Wu� s SKETCH REACH ROAD F: PROPOSED � F SKETCH k DESCRIPTION OP: PROPOSED ROADI/AY, DRAINAGE 8 a941wbs PARCEL 227 RDUE UT111 Y EASEMENT ® ° °N.r tmw.s4aq COLLIER COUNTY, FLORIDA ��'P1AYy1O wc,r6t•1lenam f1%:RIIOwan I 06011 9.00.00 I .__.2 I 33 t 485 I 27E 11 . 120060119ADOO 485 1209 -15 -OB 1 P.T.N. I UN';%i27ROUE I I 0F•1� -15 -OB I V P.T.N. I UN';%i27ROUE I I OF•1�