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
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View of Subject looking north
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RECENED
'JUN - 1, 20021
IRNPIKE APP IS L
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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