Agenda 04/13/2010 Item #16B 8
Agenda Item No. 16B8
April 13, 2010
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation to approve the purchase of two fee simple parcels and accept the
donation of a slope easement and a utility easement required for construction of the
Northbrooke DriveNalewood Drive Extension (phase 1) Project No. 60106. (Fiscal
Impact: $4,600.00)
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase two
fee simple parcels (Parcel Nos. 10lFEE2 and 101FEE3) and accept the donation of a slope
easement (Parcel No. 101SE) and a utility easement (Parcel No. 101VE) required for
construction of the Northbrooke DriveIValewood Drive Extension (Phase I) Project (the
"Project").
CONSIDERATIONS: On November 18, 2008, the Board of Zoning Appeals of Collier County
adopted Resolution No. 08-335 (the "Resolution"), approving a petition filed by First
Congregational Church of Naples, Inc. (the "property owner"). The Resolution provides for the
establishment of a conditional use to allow a church for property located on the south side of
Immokalee Road at its intersection with Valewood Drive. Clause 5 0 f the conditions of approval
requires that the property owner convey to Collier County certain road right-of-way in fee simple
in exchange for road impact fee credits, calculated at the price per acre which the property owner
paid when it purchased the parent tract. All the road right-of-way has since been conveyed to the
County except for the area depicted in Parcel ]() I VE. The County no longer requires a fee
simple interest in this portion of the parent tract property in order to construct its Project. All
that is required to satisfy project requirements is a utility easement with temporary construction
easement rights, as more fully set out in the attached Donation Agreement for Parcel lOIVE.
The property owner has agreed to donate this parcel to the County and staff accordingly
recommends that the property owncr be released from any fUliher obligation under this
condition.
Clause 7 of the conditions of approval contained in the Resolution provides that County will
construct a gravity wall along the subject property's northern property line and taper it to a
shared slope and construction easement along Valewood Drive to be donated to County. The
attached Slope Easement Agreement provides for the donation of this parcel (ParcelIOISE) to
the County.
Since adoption of the Resolution, it has been determined that additional right-of-way (Parcels
10lFEE2 and IOIFEE3) is required from the property owner for construction of the Project. The
purchase price for these parcels as reflected in the attached Purchase Agreement is based on the
amount paid by the property owner for the parent tract. As stated above, this is the method of
computation provided for in the Resolution for the calculation of impact fee credits in exchange
for right-of-way. Although the proposed cash purchase price ($775.00 excluding legal and
expert's expenses) is higher than the current market value of these parcels as estimated by the
County's in-house appraiser ($328.00, or $4.00 per square foot for 82 square feet), staff is
recommending that the Board approve the proposed compensation as it is consistent with the
methodology employed to calculate the amount of the road impact fees. Furthermore, these are
voluntary sales of small parcels to County which, if approved, will potentially save several
Agenda Item No. 16B8
April 13, 2010
Page 2 of 25
thousand dollars in legal and experts' fees should the right-of-way need to be condemned. It
should be pointed out that had road impact fee credits been given to the property owner for the
area of Parcel] 0] UE, as a fee simple conveyance rather than a utility easement donation, the
compensation to the owner would have been equivalent to $13,620.00.
The Purchase Agreement (Parcels 101FEE2 and 101FEE3) and the Donation Agreement (Parcel
101 UE) also provide for payment of a portion of the property owner's legal fees, engineering
review and survey expenses. The proposed acquisitions affect the property owner's buffer
requirements and potentially impact its ability to obtain approval for further development and a
certificate of occupancy. These cxpenses are considered to be reasonable in the circumstances.
FISCAL IMPACT: Funds in the amount of $4,600.00 will come from the Transportation
Supported Impact Fee Funds. This amount includes the total compensation provided for in the
attached agreements and approximate recording fees of $325.00.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Purchase Agreement, Slope Easement Agreement and Donation
Agreement, and authorize its Chairman to execute same on behalf of the Board;
2. Release First Congregational Church of Naples, Inc. from any further obligation to convey
right-of-way to County under clause 5 of the conditions of approval contained in Resolution
No. 08-335;
3. Accept the conveyance of Parcel Nos. 101FEE2 and 101FEE3 via warranty deed, Parcel No.
10lSE via slope easement, and Parcel No. ]OIUE via utility easement, and authorize the
County Manager or his designee to record same in the public records of Collier County,
Florida;
4. Authorize the payment of all costs and expenses necessary to close these transactions;
5. 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 Purchase
Agreement, the Slope Easement Agreement, and the Donation Agreement; and
6. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Robert Bosch, Right-of-Way Coordinator. Transportation Engineering &
Construction Management
Attachments: ]) Purchase Agreement; 2) Slope Easement Agreement; 3) Donation Agreement;
4) Appraisal Report; 5) Vicinity Map.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B8
April 13, 2010
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1688
Recommendation to approve the purchase of two fee simple parcels and accept the donation
of a slope easement and a utility easement required for construction of the Northbrooke
DriveNalewood Drive Extension (Phase 1) Project No. 60106. (Fiscal Impact: $4,600)
4/13/2010 9:00:00 AM
Date
Prepared By
Robert Bosch
Transportation Division
Right Of Way Coordinator
Transportation Engineering &
Construction Management
3/23/20102:29:38 PM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
3/24/2010 2:35 PM
Date
A pproved By
NaJeh Ahmad
Transportation Division
Director. Transportation Engineering
Transportation Engineering &
Construction Management
3/25/20108:29 AM
Kevin Hendricks
Date
Approved By
Transportation Division
Manager. Right of Way
Transportation Engineering &
Construction Management
3/26/201010:10 AM
Approved By
Date
Marlene Messam
Transportation Division
Project Manager, Senior
Transportation Engineering &
Construction Management
3/26/201011:17 AM
Norm E. Feder, AICP
Date
Approved By
Transportation Division
Administrator ~ Transportation
Transportation Administration
3/26/20101:10 PM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
Date
County Attorney
3/29/2010 3:05 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3/30/20108:47 AM
Pat Lehnhard
Date
Approved By
Executive Secretary
Transportation Division
Agenda Item No. 1688
April 13, 2010
Page 4 of 25
Transportation Administration
3/30/20101:16 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
4/1120109:02 AM
Management/Budget Analyst, Senior
Date
Approved By
Susan Usher
Office of Management &
Budget
Office of Management & Budget
4/1/20107:26 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
4/6/20105:57 PM
PROJECT: Project No. 60106, Valewood Drive
PARCEL Nols): 101FEE2 and 101FEE3
FOLIO No(s): a portion of 41 931 040004
PURCHASE AGREEMENT
Agenda Item No. 1!B8
April 13,2 10
Page 5 0 25
I
I
I
I
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agraamanf') is
made and entered into on this _ day of 20~ by and
between FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., aIkIa 1st
CONGREGATIONAL CHURCH OF NAPLES, INC. , whose mailing address is 27761
Riverwalk Way. Bonita Springs, FL 34134 ,(henainafter refemad to as "Qwnar"), and
COLLIER COUNTY, a political subdivision of the State of Florida. whose mailing
eddnass is 3301 Tamlami Tnall East, Naples, Florida 34112 (hereinafter refemad to as
"Purchasel").
WHEREAS, Purchaser requires a fee estate in that tand described in Exhibn "A"
(hereinafter nafernad to as the "Proparty'1, which is attached henato and made a part of
this Agreement; and
WHEREAS, Owner desires to convay the Property to Purchaser for the stated
purposes, on the tarms and conditions sat forth herein; and
WHEREAS, Purchaser has agnaed to compensate Owner for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good end veluable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, n is egreed by and between the parties as
follows:
1. All of the above RECITALS ana true and cornact and are hereby expressly
incorporated herein by reference as if sat forth fully below, and all Exhibits
referenced herein ana made a pert of this Agreement.
2. The purchase price (the "Purchase Price") for the Property shall be $775.00
(U.S. Currency) payable at tima of closing, subject to the apportionment and
distribution of proceeds pursuant to Paragreph g of this Agreement (said
tnansaclion hereinafter refemad to as the "Closing"). Said payment to Owner,
payable by County Warrant, shall be full compensation for the Property
conveyed, including all landscaping. trees, shrubs, improvements, and fixtures
located thenaon, and shall be in full and final settlement of any damages
resulting to Owne~s remaining lands, costs to cure, including but not Iimijed to
the cost to relocate the existing irrigation system and other improvements, and
the cost to cut and cap irrigation lines extending into the Property, and to
remove all sprinkler valves and nalated electrical wiring, and all other damages
in connection with conveyance of said Property to Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chepter 73,
Florida Statutes. Purchaser shall also pay to Owner $1,500.00 as
reimbursement for expanses nalated to lagal f_, engineering naviaw, and
survey expanses.
3. Owner shall convay a mar1<etable tille free of any liens, encumbrances,
exceptions, or qualifications. Marketable tijle shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property. the execution of such instruments
which will namove or relaasa such encumbnances from the Property upon their
recording in the public records of Collier County, Florida. At or prior to
Closing, Owner shall provida Purchaser with a copy of any existing prior title
insurance policies. Owner shall provida such instrumants, properly executed,
Agenda Item No. 1688
Page2 April 13, 2010
Page 6 of 25
to Purchaser on or befera the date of Closing. Owner shall cause to be
delivared to Purchaser the items spacified herein and the following ctocuments
and instruments duly executed and acknowledged, in recordable fonn
(hereinafter referred to as "Closing DOCUITl8I1ts'"):
(a) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification end "Gap" Affidavit;
(d) W-9 Fonn; and
(e) Such evidence of authortty and capacity of Owner and ijs napresantatives
to execute and daliver this agreement end all other documents required
to consummate this transection, as reasonably detenmined by Purchaser,
Purchaser's counsel and/or tijle 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 rtght to extend the tenm of this Agreement pending receipt of such
instruments, properly executed, whtch either remove or release eny and ell
such liens, encumbrances or qualifications affecting Purchaser's enjoyment of
the Property. At Closing, payment shell 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 Ionn acceptable to Purchaser.
Purchaser shell be entijled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, atc., 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 ijs perfonnance after relocation. Owner holds
County hannless 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 Property, the Owner is responsible lor their retrieval prior to the
constnuction 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 pennij Owner to salvage the
Improvements as long as their retrieval is perfonned before construction and
without intemuption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to construction of the
project commences 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 mey be required to give
effect to this Agreement immediately as such requirement is made known to
them or they ana 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, 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
Agenda Item No. 16B8
Page3 April 13, 2010
Page 7 of 25
all tasks required of Owner hereunder end to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharga of every agreement end
obligation on the pert of Owner to be perfonned pursuant to the
provisions of this Agreement
(c) No party or person other than Purchaser hes any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force end effect. Owner shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting
any person or entijy any rights with respect to the Property, 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 effecting the Property.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, fonnal or informal, existing or pending or threatened which
affect the Property or which adversely effect Owner's abilijy to perform
hereunder; nor is there any other charge or expense upon or related to
the Property 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
represantations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the Property to change
from its existing slate on the effective data of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into
any contracts 01' agreements pertaining to or affecting the Property and
not to do any act 01' omit to perfonn any act which would adversely effect
the physical condition of the Property 01' ijs intendad use by Purchaser.
(h) The Property and all uses of the Property have been and presently are in
compliance with all Federal, Slate and Local environmental laws; that no
hazardous substances have been generated, stored. treated or
lransfemad on the Property except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill 01'
environmental law viotation on any property contiguous to 01' in the
vicinity of the Property 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, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of litle.
8. Owner shall indemnify, defend. save and hold hannless the Purchaser against
and from, end reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including wijhout limitation
reasonable panalegal and attorney fees and expenses whether in court, out of
court, in benkruptcy or administrative proceedings or on appeal), penalties 01'
fines incumad by 01' asserted against the Purchaser by reason or arising out of
the breach of any of Owner's nepresentations under paragnaph 7(h). This
Agenda Item No. 16B8
Page 4 April 13, 2010
Page 8 of 25
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
9. Purchaser shall pay all fees to record any curative instruments naquired to
clear tille, all Warranty Deed 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; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be naquired by any mortgagee, Iien-holder
or other encumbnance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of ijs property right, shall be
tha 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, conceming
payment of documentary stamp taxes by Purchaser. Owner shall further pay all
documentary stamp taxes naquired on the instnument(s) of transfer, unless the
Property is acquired under threst of condemnation.
10. Atl ad valonam naal estate taxes due on the Property during Owner's tenn of
possession, and all maintenance charges end a_sments due from Owner,
for which a bill is nandered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
11. This Agreement and the tenns 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 thair respective heirs,
executors, personal napresentatives. successors, successor trustees, and/or
assignees, whenever the context so naquinas or admits.
12. If the Owner holds the Property in the fonn of a parlnenlhip, limijed
partnership, corporation, trust or any fonn of representative capa~
whatsoever for others, Owner shall make a written public disdosuna, according
to Chapter 286, Florida Statutes, under oath, of the name and eddress of every
person having a beneficial interest in the Property before the Property held in
such capacijy 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 axempt from the provisions of Chapter 286,
Florida Statutes.)
13. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or pnamises other than those so stated herein; and this written
Agnaement, including all exhibits attached hereto, shall consillute the entina
Agreement and understanding of the parties, and there ana no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warrantias, or covenants not contained henain. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect
unless made in writing and executed and dated by both Owner and Purchaser.
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
Agnaement shall remain in full force and effect and not be affected by such
invalidity.
15. This Agreement is governed and constnued in accordance with the laws of the
State of Florida.
Agenda Item No. 16B8
Page 5 April 13, 2010
Page 9 of 25
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: n {ldJ-.oocr
~i~b ';:L.
Witness (Signature)
r /1{ r,' ;: Jnlhr
Name (Print or Type)
~d~/' dtd--
Itness (Signafure)
()/YI1'iJ f. J.~ f
Name (Print or Type)
Appnoved as to fonm and
legal sufficiency:
~/~
istan Co y Attorney
LaSll8vioed 09-01-09
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
FRED W. COYLE, Chairman
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., alkJa 1st
CONGREGATIONAL CHURCH OF
NAPLES. INC.
~c~
~~,~,
By: LARRY AMON, President
EXHIBIT "A fl
PIIge.....L ~
Agenda Item No. 16B8
April 13, 2010
Page 10 of 25
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 101 F'E~ 2 AND 101 FEE 3
PROPERTY OWNER: 1ST CONCREG"11ONAL
CHURCH OF N"PLES INC
REFERENCE: 0 R ~Q" FOG 1
AREA or TAKE: 82 so n :I: TOTAL
~
N
o
FEE SIMPLE
INTEREST
SCAL": 1" - 80'
224+00
" I
2.27+00
P.O.c.
V. DRIVE UTtNSlON
BASEUNE SlA ;+98.12
'....OKAL.EE ROAD
SASCJNE STA 223+80.46
I .!~1.Z.-... u Ar.,1J-
~-~-u u
~~~':>""
IJlWOKALEE ROAO
(ilK)' R.o.W.)
SECTION 2Q. TCJfMIISHIP 48 SOUlH, RANGE 28 fAST
___.~!.~.€...!P~
""-"'"
~ ~H=:'W
u J.J4 SfJ(J''''Z~C
LJ A." H46'4'J".
If 7," S"''';]IW"II'
(...5 Z2." "'8:Jf"f('C
L8 ~1.8! S OO'2:5',~' C
t~ ~;:~~ ~ :;;:: :
1 ST CONGREGA DONAL
CHURCH OF NAPLES, INC.
O.R. 3921, PC. 1
\ LOUISE V. TAYlOR mUST
O.R. 1459. PG. IB08
"
GCJl.DfN CArr ESTATES
UNIT 97
P.B. 7, PG. 96
'-
PA~L,JOlc.c, FEE
TRACT 22
TRACT 50
------'""ini'JMlj"1:~-.-
13+00 14+00
~
P.0.8.12.+00
PARCtl 101 FE J
AUTUIIN OAKS LANE
(SO' R.O.W.)
____H..!!2!.2T.J_'~___
- - - - - - -V"LEwociiORM:-EirEN~ - - - - - - - - --
B-'SEUNE 5T" 5+00.00-
AUTUI.IN OAKS lANE.
BASEUNt: $1'" 11+47.J7
TECM - ROW
JUl 1 7 2Oll9
R.O.W. ~ RIGHT-OF-WAY
S.E. = PERPETUAL SLOPE EASEMENT
T.C.E. ~ TEMPORARY CONSTRUCTION EASEMENT
P.OC. = POINT OF COMMENCMENT
P.O.B. = POINT OF BEGINNING
THIS LEGAL DESCRIPTlClN AND SKETCH PREPARED BY:
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET
DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE oJ
CUENT: COLLIER COUNTY NSPORTATlON DIVISION
1 OF 2
G ORG W. CKNEY, P.$.M. NO. 5606
SCALE:~ DATE: ocr " 1008
DRAWN 8Y:~ PROJECT NO.:~
ACAD NO:~ riLE NO;~
BY;
ER .
3/24/09
6/25/09
7/2/09
7/15/09
. RUNDAGE.....
Prot_Ion.al .ltlIuaatln. plaDnflrw. '" land. ~'G'" ,.. (alI--'_
~~~:.:=.~..-:'O~-.,:.::.-n.';.~l.==::::i
~_u...A............u.._U1_......__ P...___~
I
., A,g06nda Item NO.1 tS8
EXHIBIT t1 April 13, 2p10
Page~ cI J.: Page 11 0) 25
!
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FEE SIMPlE
INTEREST
lEGAL DESCRIPTION OF PARCEL 101 FEE 2
A PARCEL OF lAND lYING IN TRACT 22, GOLDEN GATE ESTA TES UNIT
NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96. PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS
FOLLOWS;
COMMENCING AT STA nON 223+90.46 ON THE IMMOKALEE ROAD
BASELINE AS SHOWN ON THE FOOT ROW MAPS FOR $ECnON 0359-250.
DATED 6-16-55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE
EXTENSION BASElINE AT STA. 9+98.12;
THENCE SOUTH 00.02'24" WEST ALONG SAID VAlEWOOD DRIVE
EXTENSION BASELINE: A DISTANCE OF 150.00 FEn TD AN INTERSECTION
WITH THE SOUTHERLY RIGHT-Of-WAY LINE OF IMMOKALEE ROAD;
THENCE NORTH 89'57'36" WEST ALONG SAID SOUTHERLY RIGH7-0F-WAY
UNE A DISTANCE OF 51.17 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
NORTH 89'57'36H WEST A DISTANCE OF 2.76 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH
80'49'27" EAST A DISTANCE OF .3.34 FEET:
THENCE NORTH 45'14'31. WEST A DISTANCE OF 0.75 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1 50UARE FOOT OF lANO, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
FEe SIMPlE
INTEREST
LEGAL DESCRIPTION OF PARCEL 107 FEE J
A PARCEL OF LAND LYING IN TRACT 22, GOLDEN GATE" ESTATES UNfT
NO. 97, AS RECORDED IN PLA T BOOK 7, PAGE 96, PUBUC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT STATION 223+90.46 ON THE IMMOKALEE ROAD
BASElINE AS SHOWN ON THE FDOT RDW MAPS FOR SECTION 0359-250,
DATED 6-15-55, SAIO POINT ALSO BEING ON THE VAlEWOOO DRIVE
EXTENSION BASELINE AT STA 9+98.12;
THENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOO DRIVE:
EXTENSION BASELINE A DISTANCE OF 468.11 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF AUTUMN OAKS LANE;
THENCE SOUTH 89'31'03" WEST ALONG 5AI0 NORTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF /2.61 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALCJNG SAID NORTHERLY RIGHT-OF-WA Y LINE
SOUTH B9'31'03" WEST A DISTANCE OF 7.48 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 18'36'41"
EAST A DISTANCE OF 22.94 FEET;
THENCE SOUTH 00'25'19" EAST A DISTANCE OF 21.68 FEEr TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 81 SQUARE FEET OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRlcnONS OF RECORD,
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE :3
CUEN : COLLIE C U ON DIVI
UND...GE......
~=~~~:.a.~=r1l"'~':i==-.:ra
1-.C___bU._.oa,_.,......n.sn. I~-"'U
__.,~.u.-__IS__.._ ,._~~
BY:
.3 24/09
6/25/09
7/2/0.
T/15/09
NO. 5606
SCAlE:~ DA.TE: OCT'1 ?OOR
DRAWN BY:~ PROJECT NO.:~
ACAD NO:~ FILE NO:~
Agenda Item No. 16B8
April 13, 2010
Page 12 of 25
PROJECT: Project No. 60106, Valewood Drive
PARCEL No(s): 101SE
FOLIO No(s): a portion or 41931040004
SLOPE EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referrad to as the "Agreement") is rnada and
entered into on this _ day or .20_, by and between FIRST
CONGREGATIONAL CHURCH OF NAPLES, INC., lIItda 1st CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not-for-profit corporation, whose mailing
addnass is 27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a polijical subdivision of the State or Florida, whose
mailing address is 3301 Tamiami Trail East. Naples, Florida 34112 (hareinafter referred
to as "County").
WITNESSETH:
WHEREAS, County hes requestad that Owner convey to the County a Perpetual
NorH:xcIusive Slope Easement over, under. upon and across the lands described in
Exhib~ "A" (hereinafter referred to as the "Easement"), which is attachad hereto and
made a part or this Agreement; and
WHEREAS, Owner nacognizes the benefit to Owner and desires to convey the
Slope Easement to the County for the statad purposes or constnucling or installing
earthen malerial or stabilizing features over, under and upon the fill slope.
NOW, THEREFORE. in considaration or these pnamises, the sum or Ten Dollars
($10.00), and other good and valuable consideration, the naceipt and sufficiency or
which is hereby mutually acknowtadgad, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and cornact and ana hereby expressly
incorporatad henain by refarence as if sat forth fully below, and all Exhibits
referenced herein are mada a part or this Agreement.
2. Owner shall convey the Easement to County, in a form acceptable to County.
Said conveyance or a properly executad easement instnument is hereinafter
referred to as the "Closing".
3. Prior to Ctosing, Owner shall obtain from the holders or any liens, exceptions
and/or qualifications encumbering the Property, the execution or such instnuments
which will remove. release or subordinate such encumbrances from the
Easement upon their recondlng in the public reconds or Collier County, Florida. At
or prior to Closing, Owner shall provide Purchaser with a copy or any existing
prior mte insurance policies. Owner shatl provide such instruments. properly
executad, to County on or before the date or Closing.
4. This Agreement shall be null and void. and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shell have the unilateral right to
extend the term or this Agreement pending receipt or such instnuments. properly
executed, which either remove, nalease or subordinate any and all such liens,
encumbrances or qualifications effecting County's enjoyment or the Easement.
5. County shall pay all fees to record any curative instruments requirad to claar title,
all Easement nacording fees, and any and all costs and/or tees associatad with
securing and reconding a Release or Subordination or any mortgage, lien or other
encumbrance recordad against the property underlying the Easement.
1-
Agenda Item No. 1$B8
April 13, 2010
Page 13 o~ 25
6. This Agreement and the terms and provisions hereof shall be effective as of the
data this Agreement is executed by both parties and shall inure to the benei'd of
and be binding upon the parties herato and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the conl8xt so requires or admijs. It is agreed and understood that any
construction undartaken within the Easement after Closing by County, or any
assignees or licensees of County, shall provide for existing landscaping and
improvements, including irrigation, to be returned to its pre-axisting condijion. to
the extent possible, at the expense of County, or such assignee or licensee.
7. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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
contemponaneous written or onal agreements, undertakings. promises,
warranties, or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the
State of Floride
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
BY:
FRED W. COYLE, Chairman
Deputy Clerk
AS TO OWNER:
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a/kIa 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC., a Florida not-for-profit
corponation
~~
. ~~.
By: LARRY AMON, President
('J-+f/;i') cJ1lhv-
Name (Print or Type)
.----;
\..aIt Rftieed: 8I2M)B
EXHIBIT I'~~nda Item No. n6BS
rT April 13,:2010
Page-LoI ~ Page 1410j25
I
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY. FLORIDA
PARCa. NO. 101 5 [
PROPERTY OWNER: 1ST CONCRF.:GATIONAL
CHURCH 0..- NAPl F'S 1Ne.
REFERENCE:: C R JIm PC 1
AREA OF TAKE: .3 506 sa, FT
PERPETUAL NON-EXCLUSIVE
SLOPE EASEMENT
221+00
222+00
22>+00
IItIMOKALEE ROAD
(100' ..0.0:)
~~g
it~:
~~~.
c~@
i'!~-
~~~
SCCl10N 29, TOWNSHIP 4B SOUTH, RANGE 26 nASr
p s.u7,U.E. _~~
s.g'STJII"C ,~O& FT.'" 4J.U'"
- - - ~==:-----N -=-----:---y--~"
"
.~
~I""
r"r
I ~
I .~Ol
'II ~E~
'.!l!~
II.. ~g~
~ ~Ii "i.
-~. ~
[ .-
..
, ,.,
PA~Ol~~ I l<.l
(1.47,J so. FT.:J:) 81! ~~
.t '! _01
~ 'i I
"!."<, .~..~ ll"""~
~ ._~ _uv __ ~ +~M; :
-ii~ ~
+5'" l.!" 0..
_ _ _ _ _ _ _ --;r,,-;Jloo.....cllsaoo ~~Ot;,
9+00 10+00
""-""L
~~/I~1t
U .134 5110'411'%7"[
L3 :~.Ie S .f5'If'J'" E
HZ'." Sot5"l.'JI"[
1--' ZZ.lH :S11l~4"l\'
to ~2g S 1rJT'llJ"1I'
~ z:~ Z ~~::: ~
1ST CONGREGATIONAL
CHURCH OF NAPLES. INC.
O.R. 3921, PG. 1
TRACT 21
GOLDEN GA.TE ESTATES
UNIT i7
P.B. 7, PG. 96
~:2
~:
8~
VJ:Q
-io;.;
i~
~
TRACT 22
- - - - - - - - - - - - --!L1I.!.'J!..~20iRM'"'OOiNSl~
BASElNE sr... 5+00.00..
AUl1JWN OAkS LANE
BASElINE srA 11+41.37
R.O.W. = RIGHT-OF-WAY
S.E. = PERPETUAL SLOPE EASEMENT
T.C.E. = TEMPORARY CONSTRUCTION EASEMENT
P.O.C. = POINT OF COMMENCMENT
P.O.B. = POINT OF BEGINNING
THIS LEGAL DESCRIP1l0N AND SKETCH PREPARED BY'
~
N
o
SCALE: I" = 80'
I
224+00
225+00
P.o.c.
VAlLWOOll DRIVE EXlEHSION
BAS[JJNE ST" 11+98.12 _
IMMOKALEE ROAD
BASEUNE ST" 223+110.4&
-----~
LOUISE V. fA n.OR TRUSTIT i
OR. 14-59, PG. 1808 \
\"
PARCEl 102 FIT
........-
TRACT 50
TECM - RDW
OCT 1 2 2009
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH
DESCRIPTION: PARCEL 101 S.E.
CUENT: COLLIER COUNTY TRAN OR ATl
~SlON
6/25/09
7/2/09
7/'S/09
10/10 09
BY;
GEORGE W. HACK Y, P.S.M. NO. 5606
SCALE:~ DATE: MAR ?4 ?OOR
DRA~ BY;--IlAti PROJECT NO.:~
""CAD NO:~ FILE NO:-----1.Q1.M
&
UNDAGE....
Prol'..x.uJ .~""'. plumtora. . lancI .urII'II,..... Pa: ,_~
_ ___...,..,... __tftII, 11_...... n.."III'__".1I1
1ooo~_"""'__'llIo_.......n."'I. (___U
_wl""___~__._ '_1"""""
SHEET 1 OF 2
'I I
EXHIBIT .J f'genda Item No. 1.1 B8
_ April 13,i2 10
Page.2:... or....c- Page 1510 i 25
i
I
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 S.E.
A PERPETUAL SLOPE EASEMENT OVER, UNDER AND ACROSS ALL THA T
PART OF TRACT 22, GOLOEN GArr: ESTATES UNIT NO. 97, AS RECOROED
IN PLA T BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT STA TION 223+90.46 ON THE /MMQKALEE ROAD
BASELINE AS SHOWN ON THE rOOT ROW MAPS FOR SEcnON 0359-250,
DATED 6-16-55, SAID POINT ALSO BEING ON THE: VAL[WQOD DRIVE
EXTENS!ON BASELINE AT STA. 9+98.12;
THENCE SOUTH 00'02'24" WEST ALONG SAIO VALEWOOD DRIVE
EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD:
THENCE NORTH 89'57'36" WEST ALONG SAID SOUTHERLY R/GHT-OF-WA Y
LINE A DISTANCE OF 53.93 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH
80'49'27" EAST A DISTANCE OF 3.34 FEU;
THENCE SOUTH 45'14'31" EAST A DISTANCE OF 25.16 m,T TO THE
PO/NT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED;
THENCE CONTINUE SOUTH 45'14'31" EAST A DISTANCE OF 25.16 FEET;
THENCE SOUTH 00LS'19M EAST A DISTANCE OF 260.63 FEET;
THENCE SOUTH /8"36'41 ~ WEST A DISTANCE OF 22.94 FEET TO AN
INTERSECTION WiTH THE NORTHERLY RIGHT-OF-WAY LINE OF AUTUMN
OAKS lANE;
THENCE SOUTH 89"31'03'" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF 5.29 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 18"36'41"
EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH GO'2S'19M WEST A D/STANCE OF 247.69 FEET TO THE
BEGINNING OF A CURVE CONCA VE SOUTHWESTERL Y AND HA \-1NG A
RADIUS OF 40.00 FEET;
THENCE NQRTHERL Y AND NOR TH WESTERL Y ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47'40'36" AN ARC DISTANCE OF
33.28 FEET;
THENCE NORTH 41"54'05" EAST A DISTANCE OF 0,50 FEET TO THE
POiNT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,473 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
LEGAL DESCRIPllON AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPAREO BY: DESCRIPTION: PARCEL 101 S.E.
CLIENT: COLLIER COUNTY TRAN ORTA-TION DIVISION
NOLI
HER &:
UNDAGE.-.
~.::!:-r~EDI~~':.I-:.~I=e::m
_oI__II_U____ '_1""""""
BY:
6 25/09
7/2/09
7 15/09
10/10 09
GEORG W. HACK ,P.S.M. NO. 5606
SCALE:---1LL..S....- DATE: MAR 74 2009
DRAWN BY:~ PROJECT NO.:~
ACAD NO;~ FilE NO;~
PROJECT: Project No. 60106, Valewood Drive
PARCEL No(s): 101UE
FOLIO No(s): A portion of 41931040004
Agenda Item No. 1688
April 13, 2010
Page 16 of 25
DONATION AGREEMENT
THIS AGR~()JNT (henainafte( referred to as the "Agnaemenf') is made and entered
into on this day of ~ ,2010, by and between FIRST
CONGREGATIO AL CHURCH OF NAPLES, INC" alkla 1ST CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not-for-profit corporation, whose mailing addnass is
27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter naferred to as 'Owner"), and
COLLIER COUNTY, a polijical subdivision of the State of Florida, whose mailing eddress is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter naferrad to as "County").
WITNESSETH:
WHEREAS, County has naquested that Owner convey to the County a perpetual, non-
exclusive Utility Easement with Temporary Construction Easement rights over, under, upon
and across the lands described in ExhiM "A", attached hereto and made a part of this
Agreement, which shall include the right to construct a gravity wall and nalated roadway,
sidewalk, drainage and utility facilijies within the public right-of-way immediately adjacent
thereto (henainafter naferred to as the "Easement"); and
WHEREAS. Owner nacognizes the benefit to Owner and desinas to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compansation shall be due and payable for the Proparty
naquested by County.
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
henaby mutually acknowledged, it is agnaed by and between the parties as follows:
1. All of the above RECITALS ana true and correct and ana henaby expressly
incorporated herein by nafenance as if set forth fully below, and all ExhiMs refenanced
henain ana made a part of this Agreement.
2. 'Utilijy facilijies' includes publiC as well as private utilijies, such as electric, telephone
and cable television, but only if such facilities have Grantee's consent and proper
authorization, and Grantee shall be entitled to assign any or all of ijs rights to any
utility company constructing, installing or maintaining such fecilijies. The Easement
shall also include the right to namove and use any and all excavated material.
3. Owner shall convey the Easement to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated henain. Said conveyance (Owner's
deiivery to County of a properly executed easement instrument) is hereinafter naferred
to as the 'Closing.'
4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
namove, reiease or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. At or prior to Ciosing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall provide such instruments, properly executed, to County on or befona the
date of Closing.
5. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to extend
the term of this Agreement pending receipt of such instruments, property executed,
which either remove, nalease or subordinate eny and all such liens, encumbrances or
qualifications affecting County's enjoyment of the Easement.
6. County shall pay all fees to record any curative instruments naquired to clear title, and
all Easement instrument recording fees. In addition. County may elect to pay
reasonable processing fees requinad by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage. lien or other
encumbrance recorded against the property underlying the Easement.
Aoenda Item No. 16B8
April 13, 2010
Page 17 of 25
7. County shall pay to Ownar at Closing an amountof $2,000.00 by way of a contribution
towards attorneys' and experts' fees and costs.
8. The Temporary Construction Easement rightS shall commence upon the issuance of
Grantee's official Notice to Proceed to Its roadway contractor for the construction of
Vaiewood Road Project No. 60106, and shall automatically tenninate 1,095 days
therafrom.
9. It is agreed and understood that any constructton undertaken within the Easement or
w~hin the public right-of-way immadiately adjacent thereto after Closing by County, or
any assignees or licensees of County, shall provide for extating landscaping and
improvements. including irrigation, to be retumad to its pre-existing condition, to the
extent reasonably possible, at the expense of County, or such assignee or licensee.
but without any obligation or responsibility for maintenance thereof.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both perties 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. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so statad above; and this written Agreement,
including all exhib~s attached hereto, shall constitute the entire Agreement and
understanding of the parties, and thera are no other prior or contemporaneous written
or oral agreements, undertakings, promises. warranties, or covenants not contained
herein.
12. This Agreemant is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clarl<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
FRED W. COYlE, Chairman
AS TO OWNER:
DATED:3'7"p,/t:'
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., aIkaI 1"
CONGREGATIONAL CHURCH OF
INC., a Florida not-lor-profit
~il1~jVL
Witness (gn ra)
rp rib 1', . eJa I k.....r-
Name (Print or Type)
c:t: WUV J-r _
W~ness (Signature)
Le.s w' ,.J::: €.v
Name (Print or Type)
LntRevIaed: 111301OI
Approved .. to loon and
~ ,#'1------
Assistant County Attorney
Agenda Item No. 16B8
April 13, 2010
Page 18 of 25
EXHIBIT "A"
PAGE 1 OF2
LEGAL DESCRIPTION AND SKETCH
PARCEL NO. 101UE
(PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
N
W+E
S
IMMOKALEE ROAD
......n............. f.... n.......... -
PARCEL 101UE "
I
1ST CONGREGATIONAL
CHURCH OF NAPLES, INC. w
O.R. BOOK 3921, PG. 1 >
a:
Cl
GOLDEN GATE ESTATES Cl
UNIT NO. 97 8
::::
TRACT 21 P.B. 7, PG. 96 w
..J
~
TRACT 22
~-=-J- - ..-..-" .-.,-.
AUTUMN OAKS LANE
(60' RIGHT-OF-WAY)
1--"-"-" -..-..-. --..-..
Agenda Item No. 1QB8
April 13, 2~10
Page 190 25
EXHIBIT "A"
PAGE 2 OF 2
LEGAL DESCRIPTION
PARCEL101UE
(PERPETUAL. NON-EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
PORTION OF TRACT 22, GOLDEN GATES ESTATES, UNIT NO. 97
The north 6.00 feet of the following described property:
Tract 22, Golden Gate Estates Unit No. 97, as recorded in Plat Book 7, Page 98, Public
Records of Collier County, Florida, LESS AND EXCEPT the following three Parcels of
Land:
1) A Parcel of Land described in OR Book 2581, Pages 349 et seq. of the Public
Records of Collier County, Florida, being the north 50.00 feet of Tract 22, Golden Gate
Estates Unit No. 97;
2) A Parcel of Land described in OR Book 3342. Pages 1280 et seq. of the Public
Records of Collier County, Florida, being more fully described as follows:
Commencing at the southeasterly corner of Tract 22, Golden Gate Estates Unit No. 97;
thence North 00'19'10' East, along the easterly boundary of said Tract, a distance of
30.00 feet to the northerly right-of-way line of Autumn Oaks Lane, a 60 foot right-of-way,
(24th Avenue NW. per record plat) and the POINT OF BEGINNING; thence North
89'40'50" West along said northerly right-of-way, a distance of 45.00 feet; thence
leaving said northerly right-of-way, North 00'19'10" East and parallel with the easterly
boundary of said Tract 22, a distance of 282.28 feet; thence North 44'25'20" West, a
distance of 51.14 feet, to the southeriy right-of-way of Immokalee Road (County Road
846); thence South 89'09'50" East along said southerly right-of-way of Immokalee
Road, a distance of 81.00 fee~ to the easterly boundary of said Tract 22; thence South
00'19'10" West, along said easterly boundary, a distance of 317.88 feet, to the POINT
OF BEGINNING; and
3) A Parcel of Land described as follows:
Commencing at Station 223+90.46 on the Immokalee Road Baseline as shown on the
FDOT ROW Maps for Section 0359-250, dated 6-16-55, said Point also being on the
Valewood Drive Extension Baseline at Sta. 9+98.12; thence South 00'02'24' West
along said Valewood Drive Extension Baseline a distance of 150.09 feet to an
intersection with the southerly right-of-way line of Immokalee Road; thence North
89'57'36" West along said southerly right-of-way line a distance of 51.17 feet to the
POINT OF BEGINNING of the Parcel herein described; thence continuing along said
southerly right-of-way line North 89'57'36" West a distance of 2.76 feet; thence leaving
said southerly right-of-way line South 80'49'27" East a distance of 3.34 feet; thence
North 45'14'31" West a distance of 0.75 feet to the POINT OF BEGINNING of the
Parcel described herein.
Agenda Item No. 16B8
I."" R. No 10''''''''''1 """11 13, 201 0
v._ -..age 20 of 25
Ale No. 101Fee2lFee3
Map Rel8renc1l S29- T 48-R26
LAND APPRAISAL REPORT
Borrower Owner: 1 at Conoreoatlonal Church of NaDles lne
ProJ)Bl1y Mdl1lS5 6630 Immokalee Road
City Naples County Co)~er
Legal Desc~n Golden Gate Estates Unit 97 Tract 22 less N 50ft Less 8ast
S.IePlice$NfA Dare 01 Sale N/A Loan Term NJA yrs.
AcmJR81IEstateTaxes$ Tax Exmot (y~ LoanchargestObepaldbysder$ N/A OIhersaIeSCO~8SSiOns N/A
lendlll'Jthent CollierCountvTElCM Address 28855. Horseshoe Drive Na FL34104
Oc1:upanl House of WorshiD Ap~iser Harry Henderson SRA Instructions 10 AppllllserEstimate Maril.et Value of LandlTaki
Folio #41931040004
Location An
Buinup lJOOer25%
GrowlhRale o Ful!YDev. Dslow
Pro"nyv.... I3J 0ecI<in<J
OrmalllVSup~ I2J tI Balance 0 O'illfStlPply
Markllbng TIme 0 Uooer 3 Mos. 0 4.6 Mos, ~ Over 6 Mos.
Pr8senILandUse ~%lFamily_%2.4Famiy _%ADls. -.!.Q%Condo~'Comrrerclal
% Industrlal 20% Vacant 10% Churchflnstitl.1tional
ChlrJgll in PreslJfl1 Land Use 0 Not Likely -[8J likeI'; (..) 0 Taking P~ce rl
(*) From vacant To mixed
~ Owner [J TenNIl -----.-2...'" Vacant
S 150 000 to $ 550000 Predominant Vwe $ 350 000
~yrs.lo~yrs.PredominantAge~yrs.
CensusTracl 104.07
Parcels
~omnantOccupancy
Slr9BFarnt,rPrieeRalYJe
Sing!efarrilyAge
Em~_nlSab;1ty
COl1'lllnilJlCeloEmpIoymeni
Conveni9lceloS/lop1lIrIg
ConverienceloSctools
AdtQuacyofPlblicT12nsportali(wl
RecraationalFacltities
AdequacyolUlllilles
ProplllyColl1lalibllty
ProIecIionlTomDmrim8ltalConcIllons
Polceand Are ProIecIJcn
General ApDllarance aI Properties
""",,-
Good Avg. Fair Poa
DI3JDD
I3JDDD
I3JDDD
OI3JDD
OI3JOC
OI3JOO
OI3JDD
OI3JOD
OI3JDLJ
Ol3JD8
I3JDO
OI3JOD
ColTlTlflllls inckldinij lOOse latlors, lavorBt>leor unfavorable, affectiflg rrerke1abllily (e.g. public parks. schools, view, noi$ll):The Bub'ect is located on the south side of
Immokalee Road east of 1-75 in the North Na lea market area. ImmOkalee Road is a median divided 6-lane Il1orofare viet" east-weSl
Mnka in the North Na Ies area' it has interchan e access to 1-75. 0 mic develo men! ems are evk::lent in the s .ect area co~is of
a mix of new commercial develo ent on tne north side of Immokalee Road and church/institutional develo ment afo the soutnside.
Dimensions Mostlv Rectanaular 2.25 SQ. Fl or Acres Corner lot
Zorlng classification E-Estates with aooroved CU (conditional use) Present I/'npfovBmlIntS [g1l1o D do no! confoon to wring rellUlaOOns
Hi~BStllldbeslUSt1 rgJPnlsentuse 0\tIJ ec
Elec. ;c Othlr(Describe) Str9fJl~sSITE~:MELJSPriva\ei~0: ~:latjbt8witharea
Gas C Surface Macadam : Shape mostly rectaroular
Waler [>.J Main8lance ~ Pubtic D Private jVleW ne' hborhOod
San. Sewer @ 0 Stonn Sewer ~ Curb/Gult8r I Drainage ad uate
[J lhiBrgroooo Elect. & Till.. [XJ SillBwalk LXJ Slree\Uotis 'l.thtpmJllllYIocl'-dIlIHIJDIl$tntIfildSpteilIFQodHIZII'lIArII? @NoOV..
COmments (favme cr unla~ InclUli!lg' any apparent advmt easements, 8lItf08Chmern, or other adverse cllOlllklna) Zone X Comm#120067 2100 11/17105 - The
sub'ect site is im roved with a church and er1tin 101. The ROW arcsls are small comer s at fUtu~ Valewood connector road
one on the north side of the site alo lmmokalee Road and the olher on lhe south side of the sile eo Autumn Oalts Lane. This sile ma
sub eel to ical meter easements and minerai hts of record
The undersigned has recited tlIf!t reaml uIes of properties lTlOSI limilar and pflldmate ID subjel:! and has considertrt these in the market analysiS. The description inclucles a dollar
adjustment lefiecting mirkll rlllCfon to lho5e lIlIms aI ~OIlificanl variation lleIween lIle subject nl compnble ~opertitS ~ .i BOIlIltanlllt'l1 in tit comoarable ll/lIlllIrty iI &IlP8Ilor
to Of!TKlre favora!l~ than the subject pI'OPtrtv. a minus H adjustmenlls madethtJs reducilllllhe indicated value at sub;eCl;<< a &igrlllicanlllem in" comparable Ii klIeriorto or less
favoratJjelhanlt1esubjeclpro!)!Jrty, a plus (+) alljusfmenl is made lhus increasing the iodicatell value Oflht! subiact.
ITEM SUBJECT PROPERTY COMPARABLE NO.1 COMPARABlE NO. Z
AlIlIlllss 6630 Immokale8 Road S/S immokalee Road 7550 Immokalee Road
Na Ies FL34119 Na Ies FL34"19 Na Ies FL34119
Prllim toSub
SalBsPrice
Pri"
DataSollrce
Dale of Sale BI1l1
TI1lleAlljos1rnel11
alion
Si lew
ZoO
To "
Utilities
Public Records
DESCRIPTION
NIA
ImmokaleeRd'Urbn
225acr8s
E-CU
Le",'
Public Avail
-.25
+,69
in sf
+.69
+.28
Sales or Rnancing
Concessions
1.41
Comments and Gonditions of Appraisal: Proposed ROW parcels: 101Fee2: 1sf)( $4/51 = $4' 101Fee3: a1 sf)( $4Isf = $324
Sub'ecl and com s are com ared on a unit! rice basis $/s
__.'.'_ ,__,m,._',___"__,,,,,,,_,_
see valuation anal is in addendum
Anal Reconciliation: Total combined comoensalion '" $3ZB
See Umili Conditions
Il!m.ATE TME ...IIET VALUE, AI IE'IIlED, Of IIIIJECT PIIDPllln AI IF
i (/~
Ha~rson 8RA ~
Awrai s
fI2~
Marcil 18 2010
lobe$ 328
Ll O;d
DOIlINatPllysicallylnslleclPrOfl8fly
Review raiser if
catllB
CollierColl1ty GlMlmment
Form lND - 'WinTOTAL' appraisal software by a la mode. inc - 1.8DQ..ALAMDDE
u lemental Addendum
BomlwerICIiert OWner: 1st C tional Church of Na lee Inc
Alkhss 6630 Immokalee Road
Na lB.
lander Collier Coun TElCM
. Land: Market Data
The subject and comps are compared on a uniUprice (Sfsf) basis thereby eliminating the need for direct Jot size adjustments.
Time adjustments reflect declining price levels in this market during 2008 and 2009. While all sites have frontage on
ImmokalH Road comp #3 is located east of Comer Boulevard in the Rural Fringe area which allows for less Intensive
development compared to .urban" area locations for the subject and camps #1 and 2; a market-derived adjustment is applied.
Zoning adjustments reflect the varying levels of advantage enjoyed by the subject due 10 its approved Conditional Use V8
regular Estates and Ag zoning. Differences in utility availability all also adjusted for.
Ale No.101Fee2lFee3
Agenda Item No. 16B8
lMalnRIeNo 101Fel!2tfee3IPa1lp'1113, 2010
Page 21 of 25
Cou Colier
Sl3le FL
Cod< 34119
The sales cited show an adjusted unit price rang of 3.3S/sf to $4.48/sf; a mid-range figure of $4.DO/sf is selected as most
reasonable for the subject.
Proposed ROW Parcels
A linka~ road Is planned as part of the proposed ValewoodlNorthbrooke project. This linkage would connect Immokalee Road
and Autumn Oaks Lane. The subject parcels involve two small comer clips Identified as 101Fee2 (1st) and 101 Fee3 (81 sf). At
Ihe appraised $4lsf unltfprlce these parcels have a value of:
101 Fee2: 1 sf x $4fsf = $4
101Fee3: 81 sf x $4/sf '" $324
These takings have no -damage- impact to the subject parent tract.
Total Compensation: lnl
Fllrm TADD - 'WinTOTAL' appraisal sllflware by a la mods, Inc. -- 1-/I(I{).ALAMOOE
Location Map
B(lrrowlll:!ient Owner: 1 sf Con re ational Church of Na les Inc
Pro Address 6630 Immokalee Road
eil Na les Coo Collier
Lendtf Collier Coun TE/CM
Agenda Item No. 16B8
IMainflleNo_101Fee?IFl!f!3IP~J 13, 2010
Page 22 of 25
State FL
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Form MAP10C - "WinTOTAL" appraisal software by a la mode, itlc_ --l.800-ALAMODE
Agenda Item No, 16B8
IM""R....'01""2iFft31"""P"113, 2010
Page 23 of 25
DEF.NmON OF MARKET VALUE: The most probable price which a property should bring in 8 competitive and open market
under all condlions requisite to a fair sale, the buyer and seller, each acting prudently, know!edgeabty and assuming the price is not
effected by undue stimulus. Implicit In this definition is the ton8l.f1lmaoon of 8 sale as of a specified date and the pasalng of title: from
sell&r to buyer lIlder conditions whereby. (1) buyer and seller are typically motivated; (2) both plll'ties are well informed or well advised,
and each acting in what he oonsid&r8 his own Dest interest; (3) a reasonable Urne is allowed for exposure in the open rnarXet; (4)
payment is made in terms of cash in U.S. dollalll or in terms of financial .TT8ngernenta comparable thereto; ancl (5) the price represents
the normal consideration for the property sold unaffected by special or creative financing or sales cone8saions" granted by anyone
associated with the sale.
" Adjustments to the comparables must be made for special or creati'tIe financing or saleS concessions. No adjustments are
nec8SSl!Iry for those costs which are normely paid by sellers as It result of tradition or law in 8 market arva; these costs arv
readily identifiable since the seller pays the8e costs in virtually ell sales transactions. Special or creative flllancing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
instltutiol"18llender that is not already involved in the property or transaction. Any adjustment should not be calculated on a
mechanical dollar for dollar cost of the fll'lancing or concession but the dollar amount of any adjustment should applOllimate
the marltet's reaction to the finencing or concessions based on the appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND CERTIFICATION
CONTIIBEIIT AND UMITINCi COIDmOtS: The inspector's certification that appears in the appraiaal report is subject to the
following conditions:
1. The Inspector will not be r&SpOnslble for matters of a legal natl.re that affed either the property being appraised or the title to It. The
appraiser assumes that the title is good and marketable and, therefore, will not renclerany opinions about the tllle. The property is
valued on the basis of It being under responsible ownership.
2. Ar1y sketch provided in the apPnilisel report may show approximate dimensions of the improvements and is included only to assist
the reader of the report in visualizing the property_ The inspector has m8de no survey of the property.
3. The inspector will not give testimony or appear in court because he or she made an appraisal of the property in Question, unless
specifiC arrangements to do so have been made beforehand.
4. Any distribution of valuation between land and improvements In the report applies only lXIder the existing program of utHization.
These separate valuations of the land and improvements must nol be used in conjunction with any other appraisal and are invalid If they
are so used.
5. The inspector has no knowledge of any hidden or unapparent cond~ons of the property or adverse anvironmental conditions
(including the pl'9sence of hazardous waste, toxlc substances, etc.) thai would make the property more or less valuable, and has
assumed that there are no such conditions alld makes no guarantees or warranties, express or Implied, ragBrdlng the condition of the
property, The inspector will not be responsible for any such conditions that do exist or for any engineering or testing that might be
required to discover whether sueh conditions exist
6. The inspector obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or
she considers to be reliable and believes them to be trus and correct. The inspector does not assume responsibility for the accuracy of
such items that were fumished by other parties.
7. The inspector will not disclose the conlenl:s of the appraisal report except as provided for in the Unifonn Standards of Professional
Appraisal Practice.
8. The inspector has based his or her appraiSal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that compleUon of the improvements wi" be performed in a workmanlike manner.
9. The inspector must provide his or her prior written consent before the lender/client specifted in the appraisal report can distribute the
appraisal report (including conclusions aboot the property value, the inspector's identity and profeuional designations, and references to .
any professional appraisal organizations or the firm with which the inspector is associated) to anyone other than the borrower; the
mortgagee or Its successors and assigns; the mortgage insl.rer; consultants; profeSSional appraisal organizabons; any state or federally
approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;
except thai the lender/client. may distribute the property description section of the report only to date collection or reporting service{s)
without having to obtain the Inspector's priOr written COflsent The inspector's written consent and approval must also De obtained
before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
10, The inspector is not an employee of the company or indlVldual(s) ordering this report and compensation is not contingent upon the
reporting of a predetermined value or direction of value or upon an action or event resulting form the analysis, opinions, conclusions, or
the use of this report. This assignment is not based on a required minimum, specifIC valuation, or the approval of a loan.
Pagelot2
CoUierCollllytmemrnenl
Form OLe _OEFD - 'WinTOTAt" appraisal software by a la mode, inc. - t-&Jo.Al.AMOOE
Agenda Item No, 16B8
1M'" RONo lO'''''2iFft31 ,....,..113, 2010
Page 24 of 25
CERnFICATIDN: The inspeclorcertiflElS and agrees that:
1. I stated in the appraisal report only my own personal, unbiased, art! profeaSiollllllll1B1ysis, opinions, and conclUllions, which are
subject only to tne contingent and limiting condltions specified In this form.
2. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective
personallnlerest or bias with respect 10 the participants in the lransactlon. I did nol base, either partially or comPletely, my analysis
anel/or the estimate of market value in the appraisal report on the race. color. religion. sex. handicap, fam~ial status, or national origin of
either the prospective 0Wfle11i or occupants of the subject property or of the present owners or occupants of the propert~s in the vicinity
ofttlesubject property.
3. t have no present or contemplated futlJl'8 interest in the subject property. and neither my current or future employment nor my
compensation for performing tt'i& analysis is contingent on the appraiSed value of the property.
4. 1 perfonned tnfs analysis in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that 'N9re in place as of the effective date of this
appraIsal.
5_ r have persol18l1y inspected the exterior araas of the subject property and the exterior of all properties listed as compal3bles in the
appraISal report. To the best of my knowledge and belief, all statements and Information In this report are true and correct, and I have
not knowingly withheld any significant information.
6. I personally prepared all conclusions and opinions about the reat estate that were set forth in the inspectioo. I have not authortzed
anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report. I will take no
r8sponsibilityforft
ADDRESS OF PROPERTY ANALYZED: 6630tmmokaleeRoad Naples FL34119
'NSPEcmRj,( (, I ~
Slonattn: (I
Nams: Harry Henderson 8RA
Date Signed: March 1B 2010
Slate Certilk:iltion #: RD3475 RG1153NJ
orS1ateUcense #
Stale: FL
bpiralion Date of Cert~icat;on or license: 11/30/10
Paga2of2
Form DLe_OEm - "WinTOTAL' ilppraisal software tJy a la mods, n.::. -1-80(l..ALAMOOE
Agenda Item No, 16B8
April 13, 2010
Page 25 of 25
EXHIBIT "A"
VICINITY MAP
FIRST CONGREGATIONAL CHURCH OF NAPLES, INC, (NORTHBROOKE
DRIVENALEWOOD DRIVE EXTENSION (PHASE 1) PROJECT NO, 60106)
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