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Agenda 04/27/2021 Item #16C 2 (Easement Agmt w/DIAJEFF LLC & ALISAN LLC for proposed wastewater infrastructure improvements)16.C.2 04/27/2021 EXECUTIVE SUMMARY Recommendation to approve the Easement Agreement with DIAJEFF LLC, a Delaware limited liability company, and ALISAN LLC, a Delaware limited liability company, each as to an undivided one-half interest, at a cost not to exceed $1,800 for the acquisition of a Utility Easement for proposed wastewater infrastructure improvements. [Project No. 70141] OBJECTIVE: To purchase a utility easement which will provide safer and uncomplicated access for existing Pump Station 305.01within Basin 305. The public purpose is to bring outdated or inadequate utility infrastructure into compliance with current county standards while meeting the demand for service, improving reliability, protecting public safety and providing proactive environmental protection. CONSIDERATIONS: A perpetual, non-exclusive utility easement is necessary. The Sellers are willing to grant additional easement space for wastewater service to Collier County Water Sewer District at the cost of its appraised value. Real Property Management's in-house Real Estate Appraiser has determined the fair market value of the property to be $1,263. Staff made an offer of $1,263. The Sellers' legal counsel and the County Attorney's Office has negotiated a settlement of $1,272.10, which includes the County paying the costs of recording. A copy of said Appraisal is attached for reference. FISCAL IMPACT: The total outlay should not exceed $1,800 ($1,272.10 for the utility easement and approximately $527.90 for title commitment, title policy and recording of documents). Funding is available in and is consistent with the FY20-21 Capital Budget approved by the Board on September 17, 2020. The source of funding is wastewater user fees, Fund 414. Funds are available in MPS Basin Program Project 70141. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for any Board action - JAB GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board: 1. Approves and accepts the attached Easement Agreement and Utility Easement with Sellers; 2. Authorizes the Chairman to execute the Easement Agreement with Sellers, and any and all other County Attorney's Office approved documents related to this transaction once they have been approved by the County Attorney's Office; 3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; 4. Directs the County Manager or his designee to proceed to acquire this easement, to follow all appropriate closing procedures, to record the Utility Easement and any and all necessary documents to obtain clear title of the easement and to take all reasonable steps necessary to ensure performance under the Easement Agreement. Prepared by: Cindy M. Erb, Senior Property Acquisition Specialist, Division of Facilities Management ATTACHMENT(S) 1. Location Map 3-19-2021 (PDF) Packet Pg. 638 16.C.2 04/27/2021 2. PS 305.01 Appraisal 10-23-2020 (PDF) 3. Scanned Esmt Agreement 4-19-2021 (PDF) 4. Utility Easement (PDF) Packet Pg. 639 16.C.2 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 15354 Item Summary: Recommendation to approve the Easement Agreement with DIAJEFF LLC, a Delaware limited liability company, and ALISAN LLC, a Delaware limited liability company, each as to an undivided one-half interest, at a cost not to exceed $1,800 for the acquisition of a Utility Easement for proposed wastewater infrastructure improvements. [Project No. 70141] Meeting Date: 04/27/2021 Prepared by: Title: Property Acquisition Specialist, Senior — Facilities Management Name: Cindy Erb 03/19/2021 3:36 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 03/19/2021 3:36 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Public Utilities Planning and Project Management Zamira Deltoro Public Utilities Planning and Project Management Daniel Roman Public Utilities Operations Support Jennifer Morse Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Facilities Management Damon Grant Director - Facilities Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department Joseph Bellone Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 03/19/2021 3:45 PM Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Completed 03/22/2021 3:43 PM Completed 03/23/2021 9:46 AM Completed 04/02/2021 8:53 AM Completed 04/05/2021 10:57 AM Completed 04/06/2021 10:48 AM Completed 04/06/2021 11:49 AM Completed 04/06/2021 11:53 AM Completed 04/06/2021 11:55 AM Completed 04/06/2021 5:27 PM Completed 04/20/2021 7:57 AM Completed 04/20/2021 8:23 AM 04/27/2021 9:00 AM Packet Pg. 640 57" r\� � \� �� >�� / � Z \ . � \ { \ . \ �� \.a��§� . \.� 2� �•� � \ /� � > PS305.01 393600007 Easement Appraisal Report Site Address 3761 TAMIAMI TRL Site City N APLU Site Zone 341121 Packet Pg. 642 16.C.2.b 7' 010Mty Rftc Wim Deparb'11G t Faalit" Management Division October 23, 2020 At your request, Real Property Management has prepared the accompanying appraisal for the enclosed referenced property. The purpose of the appraisal is to estimate the market value of the fee simple interest, known as o393600007 The client for the appraisal assignment is Collier County BCC / Real Property Management, and Public Utilities. The intended use of the appraisal report is to assist the client in internal decision -making purposes. This appraisal report is for the use and users (stated above) and any other intended use is not warranted. VALUE CONCLUSIONS Appraisal Fee Simple Interest Appraised and Date of Value Conclusion Market Value, As Is, with Fee Simple Interest estimated value is $1,263.00 Dollars Dated 10/23/2020 The value conclusion(s) are subject to the following hypothetical conditions and extraordinary conditions. These conditions may affect the assignment results. Hypothetical Conditions: None. Extraordinary Assumptions: None. Respectfully submitted, Real Property Management Packet Pg. 643 Owner and Legal Description (parent track) Parcel No 100393600007 Add rSite ess 3761 TAMIAM11 RL *Disclaimer Name / DIAJEFF LLC, Address ALISAN LL 185 NW SPANISH RIVER BLV Site 'NAPLESJ City Site Zone 13411 *Note City BOCA RATON State K Zip 33431-422 Map No. Strap No. Section Township Range Acres "Estimated 5A 13 000100 031 65AIA 1 J 50 2© ®2 13 50 25 COMM INTERSECTION NE R/W LI US 41 WITH SE R/W LO Legal PALM DR, S 39 DEG E 917FT TO POB, N 50 DEG E 25FT, N 34 DEG 78.16FT, N 50 DEG E 248FT, S 39 DEG E 43FT, N 50 DEG Easement legal description and Sketch —4 I { g PGS: f t70--T f7J I � I1�0'3d 10'E Z�.�e 4L LANDS VC5c"WV /G3. J0.70-JQh f rCPSr'10T 110.00, , S4 �� �• 1 '-� OtlR>MDf► D45G1� � _ LAP11M 11 10 afea rras •vet tray-:fw ----- O.Re. asee aGs. IIKMS-at30 1 �1 1 I DESCRIPTION- 1 N[YrR'! 1. This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property, is Subject to any focte that may be revealed under a full and accurate title search 3 Uniess otherwise indicated, ON existing easements shown hereon ore basso on plot. 4 Not other persons or entities other than those listed oe exclueive veers may rely on th's sketch t description 5 All dimensions are in feet and decimals thereof, unless otherwise not" - 6. Subject to easements, resew. one, and restrictions of record. For the Y .ea.. rtr nr C40LLCR COUNTY BOARD OF COUNTY CO#*WMSiOnrtRS 9eirly o Portion Of Section. 13. Towrtshlp 50 South, Range 25 Eaet. Collier County. Florida being more particularly deserlbsd as torowfs: Commencing at the intersection of the Right -of -Way line of U S 41 (Tomiami Troll) with the Southeasterly Right -of -Way line of Palm Dnve as shown on the recorded plot of The Glades Unit One as recorded in Plat Book 10, Pages 82 and 53 of the Public Records of Conlsr County. Florida, thence ran South 3irO5'20- East, along the North" Right of Way Line of U.S. 41. for a distance of 1242.00 feet to the westerty, most comer of those lunge described -n Official Records Book 3999 at Pages 0245 through 0250 of the Public Records of Collier County Flondo. thence run North W54'40' East 01o09 the north.rsetery lone of said described lands for o distance of 310.00 fast to the westerly most corner of the easement described in Official Records Book 1176 at Pages 2197 through 2199 of the Public Records of Collier County, Florida and the Point of Beginning; thence run North 38'19'08- West, for a distance of 6.00 feet; thence run North 50754'40" East for o distance of 25.59 feet: thence run South 35'19'08" East for a distance of 6.00 feet to its intersection with the northwesterly Ire of said described easement; thence run South 5754'40" West, olong the northweat" line of said described easement, for a distance of 25.59 feet to tha Point of Beginning. Containing 153.53 square feet or .004 acres more or less. _LvE`� Sketch Description Packet Pg. 644 16.C.2. b This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraisers continuing education or membership in an appraisal organization, are permitted SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus Impicrt in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto, and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale The use and users of the appraisal report is the BCC and the PUD Division, also any other use of this report is not warranted. The appraisal report is for easement valuation, which means the proposed new easement may co -exist with other known easements of record. 0 LO 0 M U) d CA _ 0 cu U) a a LO 0 M .N 0 m LO M LO (D N 0 N M N 0 y Q- a Q 0 LO 0 M U) d i+ C E t V fC r Q Packet Pg. 645 16.C.2.b Market Recap and Outlook Yov 12440. Absorption Drops, Vacancy Jumps, Rer4s Yet to Rasa! Chg Forecast ^�% Just under 13.6 mdhon square feet (msf) of outdoor retail shopping center space was returned to market in 03 2020 the Vacancy Rate as vacancy rate among community/neeghborhood. power, lifestyle and unanchored strip centers collectively rose from 6 8% 71% to in the 16S retail markets tracked by Cushman 6 Wakefield g�'�,3�6'M Despite the giveback of space, average asking rents moved up slightly from $1765 to S1767 per square foot, up 1.7% from Net Absorption. SF a year ago. While counterintultive, an Initial rise in rents despite Increasing vacancy is not unusual. Two primary factors are at work, First. landlords tend to hold the line on pricing. at least short term Second, higher quality space "KUMing to the mar tis1 1011 overall average asking rents if only ternpor#rity—snd Indeed, a s4gmricant amount of $17.67 gYisty space has txcome vecent in the nm,ket. Pnor to COVID-19- only aoprgiumateiy 2o% of available retail space located in ing AskRent- PSF was more e►penuve Cress A prcperties. As of 0.3 2430, the metrrc "no% at about SS% Given the f significant number of retail closures, future rent resets are likely for even best-m-class properties. 14.' M Retailer challenges vary considerably by category- and that vanatrllity Is reflected in the performance of retail Lkider Construction $huPping center types. Retail categories that were deemed essential and e.ermpted from initial lockdovvns have ta,cico to be the most acltve In leasing space. Grocery stores, which are overwhelmingly [O�fim+unity(rlelgr$orhood and power center tonantt, halite Consistently reported year -aver -year $oral IrKr"14M in Ito} 10% range with many ECONOMIC INDICATORS challis geeing up for growth. Likovwiw. categories like home improvement (typrcany active in power centers) have 032020 been strong pedormers as consumers havr increa smgry focused nn Home-retata+d spendng Other ralet7o•ies tiv nefiM irony MAW surges m coosw M4* spending ,n the first mrnihs of the oandemse. though that %pending hm y0y 12-Ma s,mee moderratled. They include sporting goods, consumer electronics and office supplies, all of which tend to be ch0 Forecast active inpower Center!. -4.2 p� A GDP Growth While power centers have benefited from these retail categories. t do face the eq they potential to lose some beg box tenants —depending on the category —arid big box vacancies are often more difficult to backNll than smaller inline vacancies. However, leasing by vrl,adler forma! grocery. discountws Bind off -price aposrel seeming quality power center space should help offset some of thaw potential Losses. Addltiona0y, the htrwit Sector cokAd t]ecomw 6 1.3% strength for these centers over time rho *gh the haattn of cl/get„ mdusery fora rnailengas la[iay ewer nl sy n expected to be a major diver -pandemic CFI Growth growth post SPACE DEMAND / DELIVERIES OVERALL VACANCY A ASKING RENT -7.6% Growth1er $prlridYiq i1a.o0 7sx - lox CxaMh "= � � � 61r.ep � s17m airsu e � s e1c .,% s 6 sa ea %ta:,l Sale$ .24 $16 00' "' 62w Growth 'tc 5-5 w - 60-A snroe.--imA aor-MGodV 5 Arlivncs 2017 2018 2019 YTO 2020 N17 2018 20ts n" 20 OW arts era h—d m iM.Ff - iAmOde &Va fxarNr rain re Ysrr-uw.yea a Nat A11—ptbri SF -Co t etk- Cmipletim r. SF ■0000 MkYp Ru11, 6 PSF&*M — Vaci y lsa4 +pima cower. Cidha a wai.6er, Aft.—h Packet Pg. 646 16.C.2. b CMBS delinquency rates continue to dedine to 9% in September Overall delinquency rates declined in September to 8.9%, down from a peak of ;0 3'+ nJune. according to Trepp_ DeI;rauency rates declined across securities backed by multifamily, office, industrial, retail, and lodging properties CMBS backed by industrial properties had the lowest delinquency rate at 1.1% followed by office, at 2.32%, then multifamily at 2.8%_ Securities backed by lodging properties have highest delinquency rate, at 22-94%, followed by retail, at 14.76%. Construction spending decline reverses, up 15% in August In August, the annualized value of construction spending rose 1 S% on a year - over -year basis. Construction spending for multifamily rose a Strong 8 %. Construction of commercial buildings also slightly increased by 1,19L (The US Census Bureau defines commercial buildings to include automotive, retail, food service, warehouses, and other brick and mortar stores that provide a commercial service) With about one in fire workers working from home and qiven the negative net absorption for office space, builders cut back on construction for office properties (- 98%). Construction spending on lodging declined heavily compared to other property types (-12.8%). CMBS Marked as 30 Days + Delinquent —All Industrial Lod9nQ Multlfm-14Y� Ofrire ---Retad 30 25 20 15 10 5 U Sourte: Trapp 200 1510 10.0 s_ra 0.0 -5.0 -10.0 ASO -20.0 -250 Year -over -Change in the Value of Construction Spending Put in Place as of August 2020 Multifamily .Lodging Office `Commercial /industrial —value of Construction n tli Z n Sourc _ US Ceres Bureau ®NATIONAL ASSOCIATION OF REALTORS' Packet Pg. 647 Utility Easement Valuation A utility easement is an easement that allows a utility the right to use and access specific area of another's property for laying gas, electric, water, and sewer lines. A utility easement is attached to the property deed so that it passes on even when the property is transferred or sold. The direct discount of fee value will be used as a method of obtaining the estimated value of the easement. This means, establishing a per unit value for the entire tract then taking a percentage of the fee value. The market research indicated that vacant land costs in this market area is $18.28 sf. The proposed utility easement is 153.53 sf / .004ac, the proposed easement will be located within or adjacent to existing utility casements. The matrix is used as a general guide in looking at the effect an easement may have on the total bundle of rights. .lRFACE EASEMENT an use and uafty HTS. WATER OR SEWER LINE Face or air rights that haw m kftsl effect on use b uliiity 3LE LINES, WATER OR SEWER LINES ation along a propeltyr one location across non usabie land area :X: TELECOMMUNICATIONS, WATER, CAB�E LINES Balanced use by Loth owner & arnent holder EX; PIPELINES, SCENIC EASEMENTS Some impact can surf" use Conveyarue of mgresslegress Vft EX: PIPELINES, DRAINAGE EASEMENTS. FLOWAGE EASEMENTS Major impact an surfam um xW axwevanoe d future uses EX: OVERHEAD ELECTRIC. RAILROADS, IRIDGATION CANALS & FLOWAGE Severe impact on un fam use and conveyance of #enure uaes Packet Pg. 648 16.C.2.b Market Data to obtain the base unit value 5169024000 Site Address 2201 SPRUCE —St 5610-776 Site City NAPLESi acres / 13,939 SF The unit sales price is $24.38 sf 039416000 Site Zone 34112 *Note $ 340,000 Site Site Zone Address 3909 TAMIAMI TR E Site City NAPLES _ * 3411 Note -� !1/1 1 5663-638 $ 2,800,00 4.04 acres /175,982 sf the unit sales price is $15.91 sf 2040400000 Site 5201 DIXIE--D—k Site City ty NAPLE 7/29/1 5657-443 SLOTS 2.15 acres / 93,654 sf the unit sales price is $8.54 sf Site Zone 4113 *Note Adjustments to market data #1 $24.38 sf minus 25% for size results in $18.28 sf #2 $15.91 sf add 15% for utility results in $18.30 sf #3 $8.54 sf add 50% for utility and use results in $17.08 sf The adjusted market range per square feet for the subject property parent tract is $17.08sf to $18.28sf. The higher end of the range will be used for the easement valuation, resulting in $18.28sf. Packet Pg. 649 16.C.2.b Utility Easement Valuation The direct discount of fee value will be used as a method of obtaining the estimated value of the easement. This means, establishing a per unit value for the entire tract then taking a percentage of the fee value (matrix chart) to arrive at the easement estimated value. The market research indicated that vacant land costs in this market area is $18.28 sf. The TCE is for access onto private property for the purpose of water / lift station utility construction. The TCE will have a nominal effect on the use and utility of the subject property land/bundle of rights. The monetary contribution is for TCE, and installation of the proposed 153.53 sf easement. The proposed utility easement is 153.53 sf, the proposed easement will be located near existing utility easements and will considered nominal effect on the overall utility or use of the property. Mathematically, 153.53 sf (easement) x $18.28 sf (fee value) x 45% (matrix factor) is $1,262.94 say $1,263 dollars. 10/23/2020 Roosevelt Leonard, R/W-AC Sr. Review Appraiser Real Property Management 3335 Tamiami Trail East Ste. 101 Naples. FL 34112 Ph: 239 252-2621 Packet Pg. 650 16.C.2.b Sales Comparable Location Map 0 LO 0 M Cn a 0 w r CO a E a LO 0 M C .y m LO LO CO) LO O N O N M N O N M L Q Q a r LO Q M W a 0 E �a a Packet Pg. 651 16.C.2. b APP RAXM't CEII MCATIQN The appraiser aettfts and agrees that: 1 1 have researched the subject market area and have selected a mnimum of three recent sales of properties most similar amp proximate to the subject property for consideration in the sales comparison analyses and have made a dollar adpustmeil when appropriate to relict# the market ream to those items of significant variation If a signr€►cant item in a comparable property is superior in. or ,nacre favorable than. the subject pmperty, I have made a negatrve adjustment to reduce the adjusted sales pnce of the comparable and, ti a signifrcard item in a comparable property Is inferior to. or less favorable then the subject property. I have made a positive adjusbmaru to i ci ease the adjusted soft price of the comparable. 2 1 have taken into consideration the factors that have an impact on value In my davdopment of the estknate of market value im the appraisal report I have not knamn9ty withheld any significant information from the mppreport and I believe. to the best of my Iviewleclge, that all statements and inkfrmaflon In the appraisal report are Inm and correct 3 1 stated in the appraisal report onty my own personal, unbiased, and proAmlonal analysis opinions, and conclusions. which are subject only to the condrgevl and trimming conditions specified in lhls form. 4. 1 have no pr�esen or prospective Interest in the property that Is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or c:ornpik tely, rimy analysis and/or the estimate of market value in the appraisat report on the race_ color, religion, sex. handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties In the vlanity of the sub#W property, 5. 1 have no present or contemplated inure Interest in the subject property, and nelMnm my current or hAure employment nor my compensation for performing this appraisal is Contingent on the appraised value of the property 6 1 was not rectuired to report a predetermined value or dlrettpon in value that favors the cause of the client or any related p". rte amount of the value estimate, the attainment of a specft newA or the occurrence of a subsequent event In order to reoelve my oompensaflon andtar employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuabon, or the need to approve a speal k mortgage loan. 7 1 performed this appratsal in conforrnity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Fouridabon and that were in place as of the effective date of this appraisal. with the exception of the departure provts,om of those Standards, which does not apply I acknowledge that an estimate of a reasonable time for exposure in the open market is a condrhon In the definition of market value and the estimate I developed is consistent wdh the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the remnaltation section_ a. I have personalty Inspected the Interior and exterior areas of the subject property and the exterior of w properties listed as comparables in the appraisal report I further certify that i have noted any apparent or known adverse conditions in the subject improvements. on the subject site or on any site within the immediate vi nny of the subject: properly of whicn I am aware and have madeadArtiltments far these adverse conditions In my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the ailed of doe adverse condid" on the malketabi ty of the subliect property. 9. 1 personally prepared al cortdusions and opiraloirn about the resil estate that were set fl rth in tite appraisal report. if 1 relied an significant professional assistance from any w0 viduaal or ndhnduals in the performance of the appraisai or the preparatow of the appraisal repW, I have named such individuai(s) and disclosed the ispeeft tasks performed by them in the reconakation section of RA appraisal report. i certify that any Individual so named is qualified to perform the tasks I have not authorized anyone to make a change to any Item in the report: therefore, If an unauthorized change is made to the ipp vlsel report, I wig take no responsibility for It. Packet Pg. 652 16.C.2. b Addendumco _ 0 �a a E a LO 0 M C .y m qq LO M LO O N O N M N O lC N L Q Q Q r LO M co a r c d E t 0 �a w a Packet Pg. 653 GRAPHIC SCALE 16.C.2.b C V r PALM DRIVE THE GLADES UNIT 1 P.B. fQ PG& 82 AND 93 ICOMAWCEMENr — Pow O I I� I� I� Iti I� a ;i' 10' 1G' ( IN FKET ) i Inch = 10' ft. LANDS DESCRIBED IN D.R.B. 4343 PGS. 1 170-1 173 Ig A , • LANDS DESCRIBED POW ` IN O.R.8, 4971 PCs. 3030-3031 I--- -- — — �— -- — — — — I N50'54'40'E 310.00' l W54a40V 2.50a I l � I tom— EA.SEiIENT DESCRWW /N LANDS D%181fD IN -- o.R.d 1176 PGS. 2107-2199 f ----" O.R.B. 3999 PGS. 0245-0250 l 1 l I DESCRIPTION, 1 I NOTES 1. This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 3. Unless otherwise indicated, all existing easements shown hereon are based on plot 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch dr description. 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS David J. H att DigitallysignedbyDavid Y 1. Hyatt PSM 05834 PSM #5834 �aoo 01905.2910,15:55 David J. Nya , Florida License No. 5834 Not valid without the signature and original seal of the Florida Licensed Professional Surveyor and Mapper Certificate of Authorization 17705. Being a portion of Section 13, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the Intersection of the Right —of —Way fine of U.S 41 (Tamiami Trait) with the Southeasterly Right -of —Way line of Palm Drive as shown on the recorded plat of The Glodes Unit One as recorded in Plat Book 10. Pages 82 and 83 of the Public Records of CoNier County, Florida; thence nun South 39'05'20" East, along the Northerly Right of Way Line of U.S. 41, for a distance of 1242-00 feet to the westerly most corner of those lands described in Official Records Book 3999 of Pages 0245 through 0250 of the Public Records of Collier County Florida; thence run North 50'54'40" East along the northwesterly line of said described lands for o distance of 310.00 feet to the westerly most corner of the easement described in Official Records Book 1176 at Pages 2197 through 2199 of the Public Records of Collier County, Florida and the Point of Beginning; thence run North 38"19'08" West, for a di;;tonce of 6.00 feet; thence run North 50-54'40" East for a distance of 25.59 feet; thence run South 38"19'08" East for a distance of 6.00 feet to its intersection with the northwesterly line of said described easement; thence run South 50'54'40" West, along the northwesterly line of said described easement, for a distance of 25.59 feet to the Point of Beginning. Containing 153.53 square feet or .004 acres more or less. 4 MARCO S1nJft��Y' -VM & "VIPM Dda NYIM Cal" DOULE19M SURE 412 94RCO ISLAND, FLORIDA 34145 (239) 3i39-0026 WWW. iNRCOSURVEYS. CON Sketch & Description A Portion of Section 13 Township 50 South, Range 25 East Collier County, Florida IGLIENT.• I Collier County Board of County Commissioners �t r i. f'4fiT SOIB a 0+rcr l�S 305.01 7tD 8Y DAIE 5GVF wo NUNBER 111T / DRMmiG No Dfd 15--201`9 1'=10` 1 17-319 1 of 1 1-120 , Packet Pg. 654 40'90£ Sd - suope}S dwnd SO£ u!se8 tS£SO OZOZ-CZ-04 lesleaddV 40'90£ Sd :IuewL]Oelly 4 z z z aW 3-3 ate. JR f w r w w o a z m o i o Z� & w w a<¢ o z g< w oz zg 8=� Q a fn w a o a c� 3 v� < ca J coi O L Ou c� 0 c� w � c� c� c� � o c� o � " � � o° z z z z z z o 0 Zz Fz z K Z Z as � r > _ � e5 w H O {�� 'Z VI _xN x� }�/_(l N (pw� UaY L_[I txA I~i1 V N lI- S Z W j ��y � U LL, p � oy� Q W W W W W W W m W W W W W W U 1 y�3 O wp �y W ^ �= O J 0uz ai=�� M d c C o �'^ Z z w �N Z_ �o 0 z d N \ W \ J / ( F / IN.w _ / a cwi � F2 / \' IS. \ \ / / \ .. /• aka / ,� 3 IN. w e z 7y�a / E \ox LU +6\� olu \ r W go O 40 J a f .Iq / a � 44 b to \ \ W \ ax \ K \ A \�ap fwPndO-Losot HOINIS dnnd\La sne\soc Uw9\sK!w3 sd\sisHx3\33\MO\eLosioz\nOZ\:H LCl a d Y V m a G0'90£ Sd - suo!;e;S duand 50£ u!ss8 ti5£50 OZOZ-CZ-06 les!eaddV b0'S0£ Sd :;uauay�e;;br LU �9 �.f `x O N C�42S a O Q I \ x � � r \ aao r \ _ y \�y r'40 rrr r S'e iz o r `ens rr• � .a � \c 1 7 4\\ 1 x x p W C] IC - l� lf] J 0 0- LLJ Z � a� a <Cl {n V) aCL CL �o CL CL z�V x raa Y U U ter \ r aY r � oz IV C V \ J�V Ogg liy �J CjZV= +! �� Z18W \�� F Ow m LoJ SSxoO N CD Lo CD a a V a 5n97*-X'50E NOUVi5 LtWgN.V_9!Y ] 16.C.2.c PROJECT: Basin 305 Pump Stations PUMP STATIONS: 305.01 TAX IDENTIFICATION*: 00393600007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2021, by and between DIAJEFF LLC, a Delaware limited liability company, AND ALISAN LLC, a Delaware limited liability company, each as to an undivided '/ interest, (hereinafter collectively referred to as "Owner"), whose mailing address is 185 NW Spanish River Blvd, Boca Raton, FL 33431-4227 and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; 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: Owner shall convey the Easement to Purchaser for the sum of One Thousand Two Hundred and Seventy -Two dollars and 10/100 ($1,272.10), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser. 2. 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. 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 Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Page 1 Packet Pg. 657 16.C.2.c 4. Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida All other costs associated with this transaction including but not limited to transfer. documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Purchaser. The cost of a title commitment shall be paid by Purchaser. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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 7. 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, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public; it is hereby exempt from the provisions of Chapter 286. Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchaser agrees to do and shall do the following: a} Provide Owner and occupants with advance notice of construction activities whenever reasonably feasible and shall conduct activities as to minimize interference with the business operations of Owner and occupants, b) At its sole expense, repair damages to any area of he premises adjacent to the Easement caused by Purchaser's act'Mties and restore such premises to its condition prior to undertaking of such activities, including but not limited to restoration of improvements and backfilling of any excavated land; c) Not unreasonably interfere with vehicular ingress or egress to Owner's land, nor use the Easement area or adjacent premises to store materials. machinery or equipment in a manner that impedes visibility to vehicles or pedestrians to creates a safety hazard, d) Accept the Easement area in its current "AS -IS" condition without further representation or warranty of any kind whatsoever. express or implied, made by Owner, and release and discharge Owner from any claim, cause of action, demand. expense. or liability whether known or unknown, foreseen or unforeseen, connected with the Easement area, including without limitation, the condition if the soils, except as specifically set forth in this agreement; Easement Agreement Page 2 Packet Pg. 658 16.C.2.c e) Perform all activity necessary to prepare the Easement area for the facilities, at its sole expense, and obtain any necessary approvals prior to such preparations: and f) Add Owner. Kin Properties Inc. (as managing agent of Owner), and their agents as additional insured under Purchaser's liability policies. All insurance carried by Purchaser must be primary and non-contributory to that which may be carried by Owner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 1 2021. Date Easement acquisition approved by BCC: AS TO PURCHASER DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality Jennifer A elpedio, Assists t County Attorney `ate c ��S Easement Agreement Page 3 Packet Pg. 659 16.C.2.c AS TO OWNER: Witness (Signature) Name (Print or Typ Hess ( i ure Witness &f.,4 -�f6HQC-e I Name (Pri t or Type) Easement Agreement Page a DIAJEFF LLC, a Delaware limited liability company AND ALISAN LLC, a Delaware limited liability company, each as to an undivided'/x interest BY: KINSAN MANAGEMENT CORPORATION, a Delaware corporation eff andelman, its President Packet Pg. 660 16.C.2.c EOMMIT ft"- ■-90 C -k ti GRAPHIC SCALE �INrKET� 1 inch - 10' ft. PALM DRIVE THE GLADES UNIT 1 P. S. 10 PGS. 82 AND 83 PW OF iDvr� I� I� I ^' LANDS DESCRIBED IN O R.a� 4343 Ig PGS. ,170-1173 p� AM-54'40T 2159' + I A Q V p LANDS (DESCRIBED I �PONT OF� O. O 4 J 71 I ■+ea■��elsey _. _ ,! q —PC5.30J0_J03f L -- -- �----. N50 34 LOY J 1 v DOS50 54'40 II 2&W' 1 1 i iAiLMEN7 DESCRIBED IN W+OS DESCRIBLD IN -- ----O.R.B 1176 PCS 2197-2199 r----' 0 R.B. 3999 PGS 0245-0150 j 1 DESCRIPTION: i NOTES 1. This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 3. Unless otherwise indicoted, all existing easements shown hereon are based on plot 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch do description 5. All dimensions are in feet and decimo!s thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. For the Exclusive Use Of: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS David J. H aft Digitally vgne�dbyDavid Y ffyatt FSM ■583a PSM #5834 Da"''0190529101555 ,04-00 Uov/a J. Hyatt, F'SM, Florida license No. 5834 Not valid without the signature and original sea/ of the Florida Licensed Professional Surveyor and Mapper Certificate of Authorization 17705. Being a portion of Section 13. Township 50 South, Range 25 East, Collier County. Florida being more porticulorly described as follows: Commencing of the intersection of the Right-of-Woy I;ne of U.S 41 (Tamiomi Trail) with the Southeasterly Right -of -Way line of palm Drive as shown on the recorded plat of The Glades Unit One as recorded in Plot Book 10, Pages 82 and 83 of the Public Records of Collier County, Florida; thence run South 39'05'20' East, along the Northerly Right of Way Line of U.S 41, for a distance of 1242.00 feet to the westerly most corner of those lands described in Official Records Book 3999 at Pages 0245 through 0250 of the Pubhc Records of Collier County Florida: thence run North 50'54'40" East along the northwesterly line of sad described ands for a distance of 310.00 feet to the westerly most corner of the easement described in Official Records Book 1176 at Pages 2197 through 2199 of the Public Records of Collier County, Florida and the Point of Beginning; thence run North 38'19'08' West, for a distance of 6,00 feet; thence run North 50*54*40" East for o distance of 25.59 feet; thence run South 38'19'08' East for o distance of 6.00 feet to its intersection with the northwesterly tine of said described easement; thence run South 50'54'40' West, along the northwesterty line of said described easement, for a distance of 25.59 feet to the Point of Beginning. Containing 153.53 square feet or .004 acres more or less. EYjNGa 0 CCH I MARCO SURVCyvw t "4PPIMG 950 MORrM COLLIER BOULEVARD SVT 412 MARCO I&AMD. FLOWaa 54145 (2J9) 3"-0026 www UWOSURYEYS.COM Sketch & Description A Portion of Section 13 Township 50 South, Range 25 East Collier County, Florida NT I Collier County Board of County Commissioners IECT / 45461t 1 SUB PROJECT PS 305.01 rrrO By I DA rr I SCALE 00 MLAIHER I SD -WET OH 5-2019 1 '= 10' 1 17-319 1 1 of I DRAw9+c NO.. 1-120 , Packet Pg. 661 16.C.2.d PROJECT. Basin 305Pump Stations PUM P,STATIONS: 305.01 TAX IDENTIFICATION #: 00393600007 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this day of , 2021, by DIAJEFF LLC, a Delaware limited liability company, AND ALISAN_LLC, a Delaware limited liability company, each as to an undivided Y2 interest; whose mailing address is -c/o Kin Properties, Inc., 185 NW Spanish River Blvd, Suite 1.00, Boca Raton, FL 33431-4227, (hereinafter collectively referred .to as; Grantor), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING"BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East,: Suite 101, Naples, FL.'34112, its successors and assigns, as Grantee. (wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs; legal representatives, successors or -assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other- valuable consideration paid' by the Grantee, the receipt -and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the- Grantee, its. successors .and assigns, a perpetual, non-exclusive easement, license, and privilege, for utility, access and maintenance purposes, on'the following described' lands located in Collier County, Florida, to:wit: See attached Exhibit"A" which. is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND'TO HOLD the same unto the Grantee together with the rightto enter upon said land, .excavate, and place or remove materials including;. but not limited to, -utility lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, maintaining, and accessing - utility facilities thereon. Grantor and Grantee are used:for singular.or,plural, as the context. requires. The easements granted herein shall constitute easements running with the land and shall burden the lands described above. ADDITIONALLY, Grantee agrees to do and shall do'the following: a) Provide Grantor and occupants with -advance notice. of construction activities whenever reasonably feasible and shall conduct activities as --to minimize interference with"the business operations of Grantor and. occupants; b) At its sole expense, repair damages to any area of the premises adjacent to the Easement caused by Grantee's activities and restore such premises to its condition prior to undertaking of such activities, including but not -limited' to restoration of improvements and backfilling of any -excavated, land; c) Not unreasonably interfere with. vehicular ingress:oregress to Grantor's land; not use the Easement area or adjacent premises to store materials;. machinery. or. equipment in a manner that impedes visibility to vehicles or pedestrians.to creates a safety hazard; I 1 Packet Pg. 662 d) Accept% thit. Easement area, in its 'current "AS -IS" Condition Without Nrth.6r representation or warrant 'of any Kind whatsoever, q)�prqss or, implied, Made b y _e , Y' Grantor, and release and discharge Grantor from any dl6im, Cause of action, demand; expense, or liability whether known, or unknown*, foreseen or unforeseen, connected with the Easement area, -including.,without limitation, the Condition If -the: .soils, except as specifically setifor.th in this agrbement;. e) Perform -all activity, necessary to prepare. the Easement area forthe1acilifies. it: its sole expense, and. -obtain any .necessary ,,approvals prior:t(:such 'preparations; grid Add.Grant6r, Kin.Properties Inc. (as managing agent of Grantor), and their 6gehts, as additional insured; under Grantee's liability ,policies: All insurance: carried by, Purchaser mutt be primary and'non-contributdry.to- that Which may, be :carried by Grant6r. IN WITNESS -WHEREOF, the Grantor has= caused these.presents to, be executed -the -date and year -first above written. Witness (signature) to Name (Print or Ty e) STATE, OF e�70IP7� COUNTY OF,'.�09 w4g" A DIAJEFF I LLC, a Delaware limited liability -corripany AND ALISAN LLC, a Delaware. limited ty. company iv. ided-"'/.iJni6.r6s;t BY: KtN8AN'MANAGEMENT .CoPOoRAtib,'N, a Delaware corporation; its manager BY: Je Sa,ndelman- its President The foregoing Utility 'Easementva4acknowledged be ore rV_n_e by means ofysictl presence or Or Monline notarization 1his- day '2021by Jeffrey-Sande1man, asits President, on behalf of Kinsan ManageKent Corporation, aDelaware d&poration, as Manager, of biajefLLC, a DelaWare limited liability: cohpan , andAIise n LLC, -a Delaw''are lim te6 liability company Such persons Notary. Public.must- ch Ock applicable box: are -personally known to me. El produced her current driVer license. 166hs6. F] produced as 'Ide cation. (Kota CELESTEM, ORLINS .M-,:C=mjss1bn#HHG07607 of Notary- (22 sti4&g- Expires August24,2024 Printed, Name -,�,s polo Commission Number. 8:7]019 80wednmTmyF8wjn==8*38r My Commission Expires: Approved as, to form and legality: Jennifer A.-, Belppdio, Assistant County Attorney Utility $asamant 2 00D I Packet Pg. 663 1 - 16.C.2.d v PALM DRIVE THE GLADES, UNIT 1 P.B. 10 PGS. 8.2 AND 83 CIDAWOMW POW OF 14 11 I of 1., 1� 1$ LANDS DE5CM80 I PwT -or IN O.&B, 4971 1 _ PCs: 3030-3031- N5a'5440 f J1O.00' 1 !ANDS O.R.B. J999 GRAPHIC SCALE 0 V IV so. iINrm) 1 Inch + 10' it. LANDS DESCRIBED iN O.R.B. 4J43 POS. 7.170-177J rk%R0 T ,DMMBW IN- O.R.B. 1176 POS.. 2197-2199 ��---'" I 1 1 NOTES -Being o portion of Section 13, Township 50 South, Range 25. East, "Collier- 1. This is not a survey. County, Florida being more particularly described 'as follows: 2. No. easement search or abstracting was Commencing, at -the intersection, of the Right-of=Woy line of U.$ 41 mmidnii done by the surveyor and note should be token this Trail) with the Southeasterly Right, of -Way 6ne. of . Palm -Orive; as; shcwri� on 'the shot, property.,Js subject to any, facts_ that may, be revealed under a full: recorded plot of The Glades. Unit One as recorded in Plot. Book 10, .Poges 82 and 83 :of the Public Records of Collier County, Florida; thence, run and acouratel"We-eeorch. South 39'05'20' East, clang the Northery. Right- of. Way Ilrie:of ,U.S., 41, for o 3: -Unless. otherwise indicated, oil existing distance of 1242.00 -feet. to the; westerly. most ,carrier. of -those londi easements' shown hereon, ore based on plot. described in Official Records. Book 3999 at Pages 0245 through ,0250 of the 4. Not other persons or entities. other than _Public Records of Collier County Florida; thence run North .50'54'40'-.East along the northwesterly line of -said described lands for a distance of: 310.00 those -listed as exclusive users may rely on th s e -listed do description, feet to the westerly most corner of the easement described in Official Records Book 1176 at Pages 2197 through 2199 of the Public: Records= of 5. All dimensions are in feet and decimals Collier. County, Florida and the Point of- Beginning; thence run North *19'08' thereof, unless otherwise noted. West, for a distance of 6.00 feet; thence run North 5(754'407 East for o 6. Subject to easements, reservations, and *distance of 25.59 feet; thence run 'South .38't9'08' East for a distance of restrictions of record. 6.00 feet to, its intersection with shenorthwesterly line of said described For'fhe-+Exclusfye-.Use of. COLUER COUNTY 644RD'017. COUNTY'COLM7MISSIONERS Davin J. f 1 att-11giIallyiignedbyDavid Y J Hyatt PSM 1rSs34 PSM #5834 moo 0'"s-29 10:1555 easement;; .thence run South 50'54'40.' West, along. the northwesterly line of said described easement, ford distance of 25.59 feet to the Point of, Beginning. Containing ' 153.53 square feet, or .004 acres more or. -less. David F7orido Lieenenss. No. 5834 W Not valid without the signature and ' •TT' 1 orfgfnal seal of: the Rondo Licensed g50 NOR Professionol Surveyor and Mapper Certificate of Authorization 17705. MARCD JSU J4143 Sketch & Description: A Portion of Section: 13- Township 50 South, .Ronge 25 East Collier County, Florida Cl DO.- I Collier Counfy-Board .of County Commissioners; DH 15-2019 1 1'=10' 1 17�319 1 .1 bf I Packet Pg. 664