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HomeMy WebLinkAboutCity of Tamarac Resolution (355)Temp. Reso. #9997 12/2/2002 Rev. #1 12/5/2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- 35"5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PURCHASE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AS GRANTEE AND THE CITY OF TAMARAC AS GRANTOR IN THE AMOUNT OF TEN THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS ($10,395.00) FOR THE GRANTING OF A PERPETUAL ACCESS ROAD AND MAINTENANCE EASEMENT ALONG THE L-36 CANAL TO FDOT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC DISCLOSURE AFFIDAVIT REQUIRED BY F.S. § 286.23; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (FDOT) has provided a Statement of Offer, attached hereto as Exhibit A, to the City of Tamarac in order to acquire a right-of-way in the form of a Perpetual Road and Maintenance Easement on an unimproved parcel of land owned by the City along the L-36 canal; and WHEREAS, said parcel of land is zoned LI-1, Light Industrial, and is located between the L-36 canal and the Sawgrass Expressway, approximately two blocks north of Commercial Boulevard, with the easement area requested consisting of a corner piece of approximately 4,725 square feet; a photo, sketch and legal description of the easement area requested is attached hereto as Exhibit B; and WHEREAS, the easement area requested has been appraised at a value of Ten Thousand Three Hundred Ninety-five Dollars ($10,395.00), according to an appraisal provided by FDOT, attached hereto as Exhibit C, based on the Fair Market Value of the property; and Temp. Reso. #9997 12/2/2002 Rev. #1 12/5/2002 Page 2 WHEREAS, FDOT has offered the City of Tamarac Ten Thousand Three Hundred Ninety-five Dollars ($10,395.00) in exchange for the easement, as provided in the Statement of Offer; and WHEREAS, FDOT is required to obtain this easement from the City in order to fulfill its obligations and maintain the canal pursuant to a consent decree entered into with the South Florida Water Management District; and WHEREAS, by granting the requested easement to FDOT, the City will maintain fee simple title to the parcel; and WHEREAS, Florida law requires that FDOT enter into a written Purchase Agreement with a grantor when acquiring interests in real property, said agreement subject to final FDOT acceptance, with a closing to be conducted at a later date; and I WHEREAS, Florida Statute Section 286.23 requires any person or entity holding real property in the form of a corporation to make a public disclosure in writing stating all persons having a beneficial interest in the real property before said real property may be conveyed to the state or any local government unit, said disclosure attached hereto in the form of a Public Disclosure Affidavit; and WHEREAS, all fees and costs, including attorney's fees, incurred by the City in granting the easement to FDOT are to be reimbursed by FDOT; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to enter into a Purchase Agreement with the State of Florida Department of Transportation in the amount of Ten Thousand Three Hundred Ninety-five Dollars ($10,395.00), granting to FDOT a Perpetual Road and Maintenance Easement on a parcel of land owned by the City along Temp. Reso. #9997 12/2/2002 Rev. #1 12/5/2002 Page 3 Ithe L-36 canal, with a closing to be conducted at a later date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: That the Purchase Agreement between the State of Florida Department of Transportation (FDOT) and the City of Tamarac in the amount of Ten Thousand Three Hundred Ninety-five Dollars ($10,395.00), granting to FDOT a Perpetual Road and Maintenance Easement on a parcel of land owned by the City along the L-36 canal, attached hereto as Exhibit D, is hereby approved. SECTION 3: That the appropriate City officials are hereby authorized to execute on behalf of the City of Tamarac the Purchase Agreement between the State of Florida Department of Transportation and the City of Tamarac. SECTION 4: That the appropriate City officials are hereby authorized to fund and to close the transaction contemplated in the Purchase Agreement upon final acceptance by FDOT and to execute any and all documents required to complete the closing, including but not limited to, deeds, closing statements, standard closing affidavits, powers of attorney, and any other documents as provided in the Purchase Agreement. SECTION 5: That the appropriate City officials are hereby authorized to execute on behalf of the City of Tamarac the Public Disclosure Affidavit required under Florida Statute section 286.23, attached hereto as Exhibit E. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #9997 12/2/2002 Rev, #1 12/5/2002 Page 4 SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8.- This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11 th day of December, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION. as to form. OE SCHREIBER MAYOR RECORD OF COMMISSION VRTE: MAYOR SCHREIBER DIST 1: V/M. PORTNER d" DIST 2: COMM. MISHKIN_ DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I I I FORM �'��-()10-08 R 1(ji 11 ()17 WAY 0 1'00 JEB BUSH GOVERNOR July 25, 2002 City of Tamarac C/O Trevor Fagan 7525 N.W. 88"' Avenue Tamarac, Ft. 33321 Dear Mr. Fagan, Tforida q)epartment of Transportation STATEMENT OF OFFER ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 1`1AHIBIT A THOMAS F. BARRY, JR. SECRETARY As you are probably aware, the State of Florida Department of Transportation is in the process of acquiring the needed right of way for the above referenced facility. A determination has been made that either a part of all of your property will be needed- A search of the Public Records of County in which this property is situated has been made and it was determined that property, as described in the Department's deed numbered 804, is owned by you. The interest being acquired in your property is a Perpetual Road and Maintenance Easement. In addition, the following list will identify the buildings, structures, fixtures, and other improvements, which are considered to be part of the real property acquired, if any: NIA The Department does not normally acquire personal property such as furnishings, clothing, and other similar items of personal effects or small -unattached appliances in conjunction with Right of Way Acquisition. However, if circumstances are such that this becomes necessary, the following list will identify those items of personal property being acquired. N/A You are further advised that the Department's offer of just compensation for the property required for the construction of this facility is based on the Fair Market Value of the property and that the Department's offer to you is not less than the approved appraised value of the property. The following represents a summary of the Department's offer to you and the basis therefore: Land $ 0.00 Improvements Perpetual Easement 10,395.00 Total 10,395.00 This statement of offer is not a contract; if you agree to accept this offer, you will be required to sign a purchase agreement. Any additional information you may require can be obtained through the Department's Representative that contacted you. If the representative is not readily available, please contact David E. Driggers, 407-532-3999 ext. 3633 at Turnpike Mile Post 263, Building 5315, Turkey Lake Service Plaza, Ocoee, Florida 34761. Delivered By Receipt Acknowledge By Date Date Yo s,7 __yru Kathleen Joest Turnpike Right of Way Manager By: David E. Driggers www.dot.state.fl,us 1.71c"JIMIP n 0 0 View of Subject looking north 384-09.25 15' ROAD Riw— tn I., a. SE 1 14, SEC. 1-49-40 co NE 1 14, SEC. 12-49-40 19 zz cr c; 0 co -�j nm mm Lh z v Id Ln Ld Ld 0 NW 1 14 SEC. 7-49-41 Sw 1 14 SEC. 7-49-41 Lo 9 u) L-36 CANAL ar Or RECENED 'JUN - 1, 20021 IRNPIKE APP IS L 0 Exhibit "A" City of Tamarac A perpetual ingress egress easement for maintenance of Levee L-35A and L-36 located in Sections 13 and 23, Township 49 South, Range 40 East and Section 18 Township 49 South, Range 41 East Broward County, Florida, being more particularly described as follows: Commence at a 5/8 inch rebar with aluminum cap stamped "LB4207" marking the Northwest corner of the Southwest Quarter of Section 7, Township 49 South, Range 41 East; thence North 89'19'54" East along the North line of the Southwest Quarter of said Section 7, a distance of 15.00 feet to the East line of a platted road per Plat of Florida Fruit Lands Company Sub. No. 2 (PB 1, PG 102 Palm Beach County) and the Point of Beginning; thence continue North 89'19'54" East along the North line of the Southwest Quarter of said Section 7, a distance of 105.00 feet; thence departing the North line of the Southwest Quarter of said Section 7, North 49'49'14" West a distance of 137.60 feet to the East line of said.platted road; thence South 00'05'10" East along the East line of said platted road, a distance of 90.00 feet to the Point of Beginning, RECEIVED JUN 2002 X TURNPIKE APPRAISA-d- EXHIBIT C LIMITED APPRAISAL / RESTRICTED REPORT VALUE FINDING REPORT PROPERTY: Item/Segment No. 2323491 Parce1804 City of Tamarac — Perpetual access road and maintenance easement Broward County, Fl. DATE OF VALUE: June 11, 2002 DATE OF REPORT: June 26, 2002 BY: Steven D. Johnson, MAI St. Cert. Gen. R.E. Appr. #0000587 Senior Appraiser STATE OF FLORIDA TURNPIKE DISTRICT — Turkey Lake Service Plaza Ocoee, Florida E Parcel No.: 804 F.P. No CERTIFICATE OF VAIXE FINDING �2323491 - Managing istrict. T ike State Road: 869 County: Broward I certify to the of my knowledie—and belief, that: I - The statements of fact contained in this report are true and correct, 2. The reported analyses, opinions and conclusions are my personal, unbiased, professional analyses, opinions, and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions that were developed. 5. This is a [1jMj!gSJ1 appraisal communicated in a restricted report fort-nat. (If limited, departures are as follows: Value Finding) This report is intended for use only by the Florida Department of Transportation. Use of this report cannot be relied upon without access to the additional information contained in the appraiser's Work files. 6. 1 have made a personal inspection of the property on June 11, 2002 that is the subject of this report and I have afforded the property owner the opportunity to accompany me at the time of the inspection, I have also on June 11, 2002 made a personal field inspection of the comparable sales relied upon in making this appraisal. 7. No persons other than those named herein provided significant professional assistance to the person signing this report. 8. The purpose of this appraisal is to estimate market value as of the effective date of the report. The definition of market value can be found in the FDOT Supplemental Standards, Chapter Six, Section Two, Right of Way Manual, The intended use is in connection with the acquisition of right-of-way for a transportation facility to be constructed by the State of Florida with the assistance of Federal -aid highway funds, or other Federal or State funds, This report is not intended for any other use. 9. This appraisal has been made in confort-nity with appropriate State laws, regulations, policies and procedures applicable to appraisal of right-of-way for highway purposes; and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are noncompensable under the established law of the State of Florida. 10� I have not revealed the findings or results of this appraisal to anyone other than the proper officials of the Florida Department of Transportation or officials of the Federal Highway Administration and I will not do so until authorized by State officials or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings. IL Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under this agreement shall become the property of the Department without restriction or limitation on their use. This file inforrnation is retained to support the conclusions, opinions, and analyses. 12. Statements supplemental to this certification required by membership or candidacy in a professional appraisal organization are described on an addendum to this certificate and, by reference, are made a part hereof, Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the market value for the part taken, including net severance damages after special benefits, if any, of the property appraised as of the I I th day of June, is: $10,395�00 Market value should be allocated as follows: LAND $_�9 5 - O�O LAND AREA (Ac/SF) 47,25 IMPROVEMENTS $0.00 PROPERTY TYPE UVBP (*CODE 1234) SEVERANCE DAMAGES / $0,00 COST-TO-CURE� TOTAL, $10,395 Date: June 26, 2002 Appraiser-: Steven D, Jolinson, MAI '44AP-, State Certified General Real B-tate'Appraiser bate eview Appraiser — John Love ;Adirtinistrativc Review Comment U onomic Remnant: j.Lon nee None elm T.A. ANDERSON DEPUTY DISTRICT R/W MANAGER *PROPERTY TYPE CODES: I. R-Rural, U-Urban 2. I-Irnproved, V-vacant 3. H-Home/Residence, A -Business, A -Agricultural, S-Special Purposes 4. W-Wbole Taking, P-Partial Taking Value of Acquisition Including Uneconomic Remainder Par;tial/Wliol, -- P/W Land Area: ___I SF_ 4,725 Land: 10,395,00 ITprovernents: Damages and/or Cost to Cu Total $ 10,395-00 0 0 VALUE FINDING Property Owner City of Tamarac Parcel Number 804 Address of Property 869 & Commercial Blvd. Managing District Sunrise, Fl. Iten-t/Segment 2323491 County Broward FA Number N/A Location of Subject's Legal Description Acquisition legal attached Real Property Interest Appraised: Permanent Easement Fee Simple Pen-nanent Easement X ) Temporary Construction Easement Brief Description of Larger Parcel: The larger parcel is a platted site zoned for a light industrial use. The site is encumber6a-��ith a high power electrical transmission line easement. The larger parcel contains approximately 175,970 S.F. or 4.04 acres of land area. The property is located between the L35A and Sawgrass Expressway. (#869), approximately two blocks north of Cornmercial Blvd, State Highest and Best Use: Light Industrial Use Before Value: (Land Only) 175,970 SF @ $ 2.20 SF $ 387,134.00 Total Land 387,134 . 00 Brief Description of Property Being Acquired: The parcel being acquired is a 4,725 S.F. comer clip for a perpetual access road and maintenance easement. The parcel being acquired is adjacent to a high power transmission plant and L-35A canal. Land 4,725 SF @ $ 2.20 SF $10,395.00 Total Land $ 10,395.00 Improvements* $ Total Improvements $ N/A *Give Marshall Valuation Service or other reference and indicate unit values and depreciation factors. The Cost Approach is used to value site improvements that are nominal in relation to overall value. Brief Description of Remainder Parcel: The remainder parcel is not affected by the acquisition of the perpetual access road and maintenance easement. The parcel being acquired is a small 4,725 square foot corner clip easement and does not affect the highest and best use of the remainder parcel. State Highest and Best Use: Same as the Before, Future Light Industrial Use After Value: (Land Only) 171,245 — SF @ $ 2.20 91 / SF Total Land 376.739.00 376,739.00 Summary of Values: Before Value $ 387,134.00 Part Taken $ 10,395.00 Value as Part of Whole $ 376,739.00 After Value $ 376,739-00 Severance Damages $ -0- Cost to Cure $ -0- Total Damages $ -0- Summary of Compensation: Land $ Improvements $ Damage and/or Cost to Cure $ Total 10,395.00 -0- -0- $ 10.395.00 The general data book performed for (itern/segment) by (Name) was relied upon as the source for sales information and unit value. Refer to the data book for specifics regarding the collection, verification, and reporting of the market data. The Sales Comparison Approach is the sole approach to value utilized, as the Cost and Income Capitalization Approaches are not considered applicable to the valuation of the subject property as vacant. In lieu of data book, comparable sales data may be attached to this form- More specific data regarding the valuation of this parcel is located in the appraiser's files. Attachments: Supplemental Statements to the Certificate of Value Qualifying and Limiting Conditions Summary of Salient Facts & Conclusions Definition of Market Value Scope of Appraisal Legal description of property being acquired Last deed of record Property Inspection Letter Photos Sketch/survey SUPPLEMENTAL STATEMENTS TO THE CERTIFICATE OF VALUE 1) This is a Complete Appraisal Summary Report, which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 4 2) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives and the State of Florida relating to review by the Real Estate Appraisal Board of the Florida Real Estate Commission. 3) As of the date of this report, Steven D. Johnson, MAI has completed the requirements of the continuing education program of the Appraisal Institute. 4) No other significant professional assistance has been provided with respect to this appraisal report. 5) Steven D. Johnson made a personal inspection of the property that is the subject of this report. 6) Confidentiality — An appraiser must protect the confidential nature of the appraiser - client relationship. (Financial Services Modernization Act of 1999 — Gram -Leach- Bliley bill). 7) The client has the opportunity to provide an opt -out notice to the appraiser whereby all nonpublic information and data be held in restrict confidence. The client may require that all nonpublic information and data be reviewed by the client prior to being transmitted to any third party of the general public. 6/26/02 Date Steven D. Johnson�VAI State Certified General Real Estate Appraiser No. 0000587 QUALIFYING AND LIMITING CONDITIONS This appraisal report is subject to the following assumptions and limiting conditions: The legal description used in this report is assumed to be correct. Sketches in this report are included on to assist the reader in visualizing the property. No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information, however, no responsibility for it's accuracy is assumed by the appraiser. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so Specified within the report. The property is appraised as though under responsible ownership and Competent management. 5 It is assumed that there are no hidden or unapparent conditions of the property, subsoil or structures, which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering, which may be required to discover them, It is assumed that there is full compliance with all applicable federal, state, and local Environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non -conformity has been stated, defined, and considered in the appraisal report. It is assumed that all required licenses, consents or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based It is assumed that the utilization of the land and improvements are within the boundaries lines of property described and that there are no encroachments or trespass unless noted within the report. The appraiser will not be required to give testimony or appear in court because of having made This appraisal, with reference to the property in question, unless arrangements have been previously made thereof. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without written consent of the appraiser, and in any event, only with properly written qualifications and only in its entirely. The distribution of the total value in this report between land and improvements applied only under the reported highest and best use of the property. The allocation of value for land and improvements must not be used in conjunction with any other appraisal and is invalid if so used. Neither all nor any part of the contents of this report, or a copy thereof, shall be conveyed to the public through advertising, public relations, news, sales or any other media without the written consent and approval of the appraiser. Nor shall the appraisal, firm or professional organization of which the appraiser is a member, be identified without written consent of the appraiser. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property, The appraiser, however, is not qualified to detect such substances. The presence of hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. Valuation assumes that the subject is free and clear of contamination and that the report as set forth is accurate. Liability of Steven D. Johnson, his employer and/or subcontractors is limited and there is no accountability, or liability, to any third party. The juridical exception is invoked where applicable. No environmental or impact studies, special market studies or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings opinions, values, estimates or conclusions upon any subsequent such study or analysis or previous study or analysis, subsequently known to him. 6 The Americans with Disabilities Act (ADA) became effective January 25, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the subject property together with a detailed analysis of the requirements of the ADA could reveal that the subject property is not in compliance with one or more of the requirements of the act. If so, this could have an impact on the value of this property. Since there is no direct evidence relating to this issue, noncompliance with the ADA has no been considered in estimating the value of this property. ACCEPTANCE OF, AND/OR USE, OF THIS APPRAISAL REPORT CONSTITUTES, ACCEPTANCE OF THE PRECEDING CONDITIONS. ENVIRONMENTAL DISCLAIMER The estimated value in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substance or detrimental environmental conditions, which would affect the property negatively unless otherwise stated in this reporL It is possible that test and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property, which would negatively affect the value. The appraiser assumes on responsibility for the presence of radon gas or asbestos as the appraiser has no expertise in this area. Unless otherwise noted, the appraiser did not notice any evidence, during the inspection, of any wood destroying organisms including termites, dry rot, etc. However typical garbage dumping was noticed which include trash and old tires. COMPETENCY PROVISION Steven D. Johnson has experience in the appraisal of properties similar to the property being appraised and is deemed qualified by education, training and practical appraisal experience in the preparation of such reports to comply with the competency provision of the Uniform Standards of Professional Appraisal Practice (USPAP). The professional qualifications of the appraiser who prepared this appraisal arc included in the addendum of this report. Definition of"Confidential. Information The new definition is "information that is either: *Identified by the client as confidential when providing it to an appraiser and that is not available from any other source; or *Classified as confidential or private by applicable law or regulation." "_11.1Z1V.ACY NOTICE" Our privacy principles: We are committed to protecting our clients' personal and financial information. This privacy statement addresses what nonpublic personal information we collect, what we do with it, and how we protect it. What information we collect: We may collect and maintain several types of personal information in the course of providing you with appraisal services, such as: • Information we receive from you on applications, letters of engagement, forms found on our Web site, correspondence, or conservations, including but not limited to, your name, address, phone number, social security number, date of birth, bank records and salary information, • Information about your transactions with us, our affiliates or others, including, but not limited to, payment history, parties to transactions and other financial information. • Information we receive from a consumer -reporting agency such as a credit history. 7 What information we may disclose: We may disclose the nonpublic personal information about you described above, primarily to provide you with the appraisal services you seek from us. We do not disclose nonpublic personal information about clients or former clients except as required or permitted by law. Who we share the information with: Unless you tell us not to, we may disclose nonpublic personal information about you to the following types of third parties: Financial service providers, such as banks and lending institutions. Non -financial companies. SUMMARY OF SAMENT FACTS AND CONCLUSIONS OWNER OF RECORD: City of Tamarac ADDRESS OF OWNER: 7525 N.W. 88th Ave., Tamarac, Fl. 33321 PROPERTY LOCATION: Along the west side of Sawgrass Expressway, Broward County, Fl. DATE OF INSPECTION: 6/11/02 EXTENT OF INSPECTION: Visual inspection SIZE: Larger Parcel: 175,970 S. F Acquisition Area: 4,725 S.F. Remainder Site: 171,245 S.F. COUNTY/FOLIO #: Broward / 9107-09-0020 TYPE OF PROPERTY: Vacant Land with High Power Transmission Lines ZONING: LI-1, Light Industrial, Tamarac, Fl. HIGHEST & BEST USE: Light Industrial Use INTEREST APPRAISED: Permanent Easement TYPE OF APPRAISAL: Limited Appraisal Restricted Report PURPOSE OF THE APPRAISAL: To estimate the market value of a perpetual access road and maintenance easement CLIENT & USER: Florida Department of Transportation, Turnpike District INTENDED USE: For Internal Use Only For Negotiation Purposes N. DATE OF VALUATION: DATE OF REPORT ESTIMATED MARKET VALUE ALLOCATION: June 11, 2002 June 26, 2002 LAND: 4,725 S.F.) $10,395.00 DEFINITION OF MARKET VALUE The amount of money that a purchaser willing but not obliged to buy the property would pay an owner willing but not obliged to sell, taking into consideration all uses to which the property is adapted and might be applied in reason. Inherent in the willing buyer - willing seller test of the fair market value are the following: 1 - A fair sale resulting from fair negotiations. 2. Neither party acting under compulsion of necessity (this eliminates forced liquidation or sale at auction). Economic pressure may be enough to preclude a sales use. 3. Both parties having knowledge of all relevant facts. 4. A sale without peculiar or special circumstances. 5. A reasonable time to find a buyer. (State Road Dept. v. Stack, 231 So.2d 859 Fla. 1st DCA 1969) PROPERTY RIGHTS (INTEREST) APPRAISED A perpetual or permanent easement interest is being appraised. An easement interest is defined as follows: "An easement is an interest in real property that conveys use, but not ownership, of a portion of an ownees property." (The Appraisal of Real Estate Appraisal, 12 1h Edition, pg. 85, Appraisal Institute) SCOPE OF APPRAISAL (Extent of Process of Collecting, Confirming and Reporting Data) The scope of the assignment encompasses the following steps performed within the framework of commonly accepted appraisal procedures: A letter was sent to the property owner to notify of the appraisal, scheduling a Property inspection, and providing an opportunity to attend the inspection. The appraisal was requested by District Right of Way Manager- Appraisal. Subject property and surrounding neighborhood was inspected. Gathering and analyzing background information and various documents regarding the subject property and its possible use. 9 Searching the Public records via various reporting services for market data pertaining to comparable sales. Confirming sales data (as relevant) with parties that were involved with the individual transaction. The details of the verified data are included on the comparable sales data sheets. Making independent investigations to first determine the highest and best use of the subject property and second, to research and analyze comparable sales that are similar in usage to the property being appraised. Formulate reasonable opinions and judgments based on supply and demand factors as well as physical and functional considerations relative to the highest and best use of the subject property and its market value. Analyze this data in order to formulate a sound valuation judgment within the framework and applications of commonly accepted valuation methods and techniques. VALUATION ANALYSIS: The appraisal of real estate for easement acquisition purposes must also consider the effects of existing easements on the property's utility and value. Easements can be held in gross or as an appurtenance to other property that is held in fee, usually by the easement owner. The subject larger parcel is zoned 1-1-1, City of Tamarac and is encumbered with high power transmission line. The 1-1-1 zoning allows a light industrial use. Three sales comparable land sales were considered in determining the estimated market value of the subject larger parcel. The comparable sales considered are considered to be similar the subject larger parcel. The following chart sets forth the comparable sales. A detail analysis of each sale is included in the attachment section of this value finding. 10 COMPARABLE LAND SALES Sale Date of Land Sale Price No. Sale Sale Price Area S.F. Per S.F. Zo 1 4/00 $240,000 95,475 $2.51 LI-1 2 7/00 $750,000 371,115 $2.02 LI-1 3 1/01 $714,600 325,896 $2.19 U-1 Subject 4,725 Summary of Adjustments considered: The adjustments for Property Rights, Financing Terms, Condition of Sale (arm's length transaction) and Market Conditions (time) have been considered and no adjustments are applicable. Each of the sales is compatible in most characteristics to the subject. Considering each of the indications an estimate per unit value of $2.20 is justified. 4,725 S.F. X $2.20/S.F. = $10,395.00 The appraiser has opined no adjustment for the perpetual easement interest is required when compared to the subject's larger parcel fee interest estate. 11 EXHIBIT D ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: This AGREEMENT is made by and between: of Tamarac 232349-1 08 N/A 869 Broward 804 hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of Transportation, hereinafter referred to as PURCHASER. WITNESSETH For and in consideration of the mutual covenants and conditions herein contained. SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: DESCRIPTION (a) 17 Real estate or interest therein, identified as parcel 804 and shown an Right of Way Maps for ITEM/SEGMENT NO.: 232349-1 incorporated herein by reference. F-1 Fee simple L X, Perpetual Easement (Section lll.(b) does not apply) I Temporary Construction Easement (Sec!icns IL(b), 111.(c) and lll.(d) do not apply) 11 Leasehold Interest (Sections III,(b and c) do not apply) (b) 71 Personal property identified as follows: (c) Outdoor Adver-ttising structure identified by permit number: (Sections IL(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at Closing including fees and costs (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs Land and Improvements S 0.00 Real Estate Damages (Severance/Cost-tc-Cu-e) 5 0.00 Business Damages S 0.00 Attorney Feesto �%7. Craj,g Fakin, P.A. S 2,500.00 75 a Appraiser Fees S 0,00 ODA Structure S 0.00 Other Perpetual Easement 5 10,395-00 (SQecify) 0,00 (Specity) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS S12,895.00 X)�M(n S— 0-00 S12,895.00_22_2q2M, Ill. CONDITIONS AND I. -IMITATIONS (a) It is mutually understood that execution of this Purchase Agreement by PURCHASER constitutes conditional acceptance and is subject to final agency acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final agency acceptance, Notice of final agency acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. (b) SELLER is responsible for all taxes due and owing on the property as of the date of closing 0 SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing, 0 SELLER agrees to pay all taxes for the current year. page I OE2 (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. (d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASIER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to section 337.27, Florida Statutes. The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575- 070-12) executed by the permit holden�s) and shall surrender or account or the outdoor advertising Permit tag(s) at or prior to receipt of payment for the ODA structure. (g) Other: IV. CLOSING DATE This transaction shall be closed and the instrument of conveyance delivered within 60 days Or �he date of Final agency 0 acceptance. o This transaction shall be closed and the receipt ofwarrant acknowledgement delivered within 50 days of the date of final agency acceptance. V, TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialec tv all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attac"et nereto must be referenced andinitialed in this section. In addition, all addenda must be signed by both the Sailer and Purchaser, There - is is not an addendum to this agreement. Vt. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their resceclive name(s). SE RIS): CONDITIONAL ACCEPTANCE SY PURCHASER, STATE OF FLORIDA 7 P7A-j0N oa�e DEPARTMENT OF TPANSPC Joe Schreiber — Mayor t�ame (Please Type or Print) By. Social Security Federal Tax I.D. # i — 11 i I i 9 15 i �—i� Signature f Date Name (Please Type or Print) Jeffrey L- Miller — Cit�z Majiaqor DATE: Name (Please Type or Print) Social Security # / Federal Tax I.D. # VII. FINAL AGENCY ACCEPTANCE IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accected this — day Of District Right of Way Manager Assistant District Right of Way Manager District Production Director District Secretary Exhibit "A" City of Tamarac A perpetual ingress egress easement for maintenance of Levee L-35A and L-36 located in Sections 13 and 23, Township 49 South, Range 40 East and Section 18 Township 49 South, Range 41 East Broward County, Florida, being more particularly described as follows: C2 Commence at a 5/8 inch rebar with aluminum cap stamped "LB4207" marking the Northwest corner of the Southwest Quarter of Section 7, Township 49 South, Range 41 East; thence North 89'19'54" East along the North line of the Southwest Quarter of said Section 7, a distance of 15-00 feet to the East line of a platted road per Plat of Florida Fruit Lands Company Sub. No. 2 (PB 1, PG 102 Palm Beach County) and the Point of Beginning; thence continue North 89'19'54" East aloner the North line of the Southwest Quarter of said Section 7, a distance of 105-00 feet; thence departing the North line of the Southwest Quarter of said Section 7, North 49'49'14" West a distance of 137.60 feet to the East line of said platted road; thence South 00'05'10" East along the East line of said platted road, a distance of 90.00 feet to the Point of ZD Beginning. REC- JUN A 2002 TURNPIK PPRAISALI E A IMAW-A"'11H tRINAILD State of Florida Department ofTransportation PUBLIC DISCLOSURE AFFIDAVIT ITEM/S.EGMENTNO.: MANAGING DISTRICT F.AR NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 232349-1 08 N/A 869 Broward 804 ThC undersigned authority, City of Tamarac, affirins that it is a municipal corporation of the State of Florida holding title to the real property described in Exhibit "A" attached hereto and by this reference made a part hereol'and hereby certifies that no person or entity has a beneficial interest in the municipal corporation other than as a citizen thereof. Further, no public officer or public employce hasany undisclosed ownership interest in the real property described in Exhibit "A". This Affidavit is filed for the purpose ofcomplying with the provisions of'Section 286.23, Florida Statutes, Public Disclosure. By: Z, Prilit,Xame: Joe Schreiber Title: Mayor Print Narri�: 'Jeffrey L. Miller Title: City Manager Apptovq a.- to orm: BY: C S. E sqUire Title: City Attorney STATE OF FLORIDA COUNTY OF BROWARD Sworn to and subscribed before me this A�day of .... .. ..... 200,�U,, by Joe Schreiber, Mayor ofthe City ofTarriarac and Jeffrey 1— Miller, City Manager ofthe City of Tamarac, who are personally known to me. Notary's Signature: (Print, type or stanip name of notary/public) [SEAI,,] MARION SWENs N C"T C 4� i MYCOMMISSION # ;C 961296 Decem,,11) I' �5,2004 t Exhibit "A" F I City of Tamarac A perpetual ingress egress easement for maintenance of Levee L-35A and L-36 located in Sections 13 and 23, Township 49 South, Range 40 East and Section 18 Township 49 South, Ranae 41 East Broward County, Florida, being more particularly described as follows: 0 Commence at a 5/8 inch rebar with aluminum cap stamped "LB4207" marking the Northwest comer of the Southwest Quarter of Section 7, Township 49 South, Range 41 East; thence North 89'19'54" East aloncr the North line of the Southwest Quarter of said Section 7, a distance of 15.00 feet to the East line of a platted road per Plat of Florida Fruit Lands Company Sub. No. 2 (PB 1, PG 102 Palm Beach County) and the Point of Beginning; thence continue North 89'19'54" East alona the North line of the Southwest Quarter of said Section 7, a distance of 105.00 feet; thence departing the North line of the Southwest Quarter of said Section 7, North 49'49'14" West a distance of 137.60 feet to the East line of said platted road; thence South 00'05'10" East alon- the East line of said platted road, a distance of 90.00 feet to the Point of Beginnincy in, RECEIV - JUN — A ?0021 TURNPIKE AP