Cotimissioners -
Blue Sheet No. 20050574
Agenda Item Summary
1. ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make binding offer to property
owner in the amount of $534,000 for Parcel 107, Church Road Widening Project No. 0919 (Hendry County),
pursuant to the Purchase Agreement, and authorize the Division of County Lands to handle and accept all
documentation necessary to complete transaction,
2. WHAT ACTION ACCOMPLISHES:
Makes binding offer to property owner
3. MANAGEMENT RECOMMENDATION:
Management recommends Board approve the Action Requested
4. Departmental
Category: 6 ah3
1 5. Meeting
6. Agenda:
/
Date:&$,~/:~~~
7. Requirement/Purpose:
(specify) 1 8. Request Initiated:
Lee County Board Of Countv
!
Interest to Acquire: Fee
!
kopertv Details:
Owner:
Felda Ridge Grove Partnership, a Florida General Partnership
Address: 2105
Church Road, Felda, Florida (Hendry County)
STRAP No.:
I-24-45.28.AOO-0001 .OOOO
!
‘urchase Details:
Purchase Price: $534,000
Costs to Close: $10,000
!
Qwraisal Information:
Company:
Hanson Real Estate Advisors, Inc.
Appraised Value: $493,700
staff Recommendation:
Staff is of the opinion that the purchase prices increase of $40,300 (8.1%) above the
appraised value, can be justified considering the costs associated with condemnation proceedings, cure items
calue/cost estimates, estimated between $40,000 and $60,000. Staff recommends the Board approve the action
equested.
w: 200919-40102.506110
btachments:
Purchase and Sale Agreement, In-House Title Search, Appraisal Data, Location Map
Budget Services Budget Services
County
Manaaer1P.W.
Attorney
rl
-Denied
-Other
S:\POOL\CHURCHRD\BS\107doci PRE May 9, 2005
This document prepared by
Lee County
County Lands Division
Project: Church Road Extension, Project No. 0919
STRAP Nos.: l-24-45-28-AOO-0001.0000
Parcel No. 107
BOARD OF COUNTY COMMISSIONERS
LEE COUNTY
AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE
IN LIEU OF CONDEMNATION PROCEEDINGS
THIS AGREEMENT for purchase and sale of real property is made this
day of
, 2001 by and between Felda Ridge Groves
Partnership,
a Florida General Partnership,hereinafter referred to as
SELLER, whose address
isPost Office Box 979, Oakland, Florida, 34760-
1416, and Lee County,
a political subdivision of the State of Florida,
hereinafter referred to as BUYER.
WITNESSETH:
1. AGREEMENT TO PURCHASE AND TO SELL: SELLER agrees
to
sell and
BUYER
agrees to purchase, subject to the terms and conditions set forth
below,
a parcel of land consisting of 4.99* acres more or less, and
located in
Hendry County, Florida,
and being more particularly
described in "Exhibit A"
attached hereto and made a part hereof,
hereinafter called "the Property." This property is being acquired for
the
Church Road Extension Project, hereinafter called
"the
Project",
with the SELLER'S understanding that the property, if not voluntarily
sold, would have been condemned by BUYER through the exercise of its
eminent domain powers.
2.
PURCHASE PRICE AND TIME OF PAYMENT:
The total purchase
price("Purchase Price") will
beFive Hundred Thirty Eight Thousand and
no/100 Dollars ($534,000.00) ,
payable at closing by County warrant.
The Purchase Price is mutually agreeable to both the SELLER and BUYER
and represents the voluntary sale and purchase of the property in lieu
of BUYER'S condemnation. The Purchase Price is inclusive of costs to
cure and improvements.
Agreement for Purchase and Sale of Real Estate
Page 2 of 6
3. EVIDENCE OF TITLE: BUYER will obtain at
Buyer's expense an
American Land Title Association Form B Title Commitment and provide
title insurance Owner's Policy in the amount of$534,000, from a title
company acceptable to BUYER. The commitment will be accompanied by one
copy of all documents that constitute exceptions to the title
commitment. The commitment will also show title to be good and
marketable with legal access, subject only to real estate taxes for the
current year, zoning and use restrictions imposed by governmental
authority, and restrictions and easements common to the area.
4. CONDITION OF PROPERTY; RISK OF LOSS:
BUYER has inspected the
Property and, except as is otherwise provided herein, accepts the
Property in the condition inspected.
Any loss and/or damage to the
Property occurring between the date of this offer and the date of
closing or date of possession by BUYER, whichever occurs first, will
be at SELLER'S sole risk and expense.
However, BUYER may accept the
damaged property and deduct from the purchase price any expenses
required to repair the damage, or BUYER may cancel this Agreement
without obligation.
5. SELLER'S
INSTRUMENTS AND EXPENSES: SELLER will pay for and
provide:
(a) A statutory warranty deed,
and an affidavit regarding
liens, possession,
and withholding under FIRPTA in a
form sufficient to allow "gap" coverage by title
insurance;
(b)
utility services up to, but not including the date of
closing;
(c) taxes or assessments for which a bill has been rendered
on or before the date of closing;
id) payment of partial release of mortgage fees, if any;
(e) SELLER'S attorney fees, if any.
6.
BUYER'S INSTRUMENTS AND EXPENSES: BUYER will pay for:
(a) Recording fee for deed;
(b) survey, (if desired by BUYER).
Agreement for Purchase and Sale of Real Estate
Page 3 of 6
7. TAXES:
SELLER will be charged for Real Estate taxes and personal
property taxes (if applicable) up to, but not including the date of
closing.
This voluntary sale and purchase is considered by Florida law
to be exempt from the payment of Documentary Stamp Taxes because this
transaction was made under the threat of an eminent domain proceeding
by the BUYER.
8.
DEFECTS IN TITLE AND LEGAL ACCESS:
Prior to closing, BUYER will
have a reasonable
time
to examine the title and documents establishing
legal access to the property. Title shall be delivered to the BUYER
free and clear of any and all liens, encumbrances and/or leases
currently existing on the property. If title or legal access is found
to be defective, BUYER will notify SELLER in writing of the defects and
SELLER will make a prompt and diligent effort to correct such defects.
If SELLER fails to make corrections within 60 days after notice, BUYER
may elect to accept the Property in its existing condition with an
appropriate reduction to the purchase price, or
may
terminate this
Agreement without obligation.
9. SURVEY:
BUYER may order the Property surveyed at BUYER's expense.
SELLER agrees to provide access to the Property for such survey to be
performed. If the survey shows a discrepancy in the size or dimensions
of the Property,
or shows encroachments onto the Property or that
improvements located on the Property encroach onto adjacent lands, or
if the survey identifies violations of recorded covenants and/or
covenants of this Agreement, upon notice to the SELLER, the BUYER may
elect to treat such discrepancies, violations and/or encroachments as
a title defect.
10. ENVIRONMENTAL AUDIT:
BUYER
may
perform or have performed, at
BUYER's expense,
an environmental audit of the Property.
If the audit
identifies environmental problems unacceptable to the BUYER, BUYER may
elect to accept the Property in its existing condition with an
appropriate abatement to the purchase price or BUYER may terminate this
Agreement without obligation.
Agreement for Purchase and Sale of Real Estate
Page 4 of 6
11. ABSENCE OF ENVIRONMENTAL LIABILITIES: The SELLER warrants and
represents that the Property is free from hazardous materials and does
not constitute an environmental hazard under any federal, state or
local law or regulation.
No hazardous,
toxic or polluting substances
have been released or disposed of on the Property in violation of any
applicable law or regulation. The SELLER further warrants that there
is no evidence that hazardous, toxic or polluting substances are
contained on or emitting from the property in violation of applicable
law or regulation. There are no surface impoundments, waste piles,
land fills,
injection wells, underground storage areas, or other
man-made facilities that have or
may
have accommodated hazardous
materials. There is no proceeding or inquiry by any governmental
agency with respect to production,
disposal or storage on the property
of any hazardous
materials,
or of any activity that could have produced
hazardous materials or toxic effects on humans, flora or fauna. There
are no buried, partially buried, or above-ground tanks, storage
vessels, drums or containers located on the Property. There is no
evidence of release of hazardous
materials
onto or into the Property.
The SELLER also warrants that there have been no requests from any
governmental authority or other party for information, notices of
claim,
demand letters or other notification that there is any potential
for responsibility with respect to any investigation or clean-up of
hazardous substance releases on the property. All warranties described
herein will survive the closing of this transaction.
In the event the SELLER breaches the warranties as to environmental
liability, SELLER agrees to indemnify and hold the BUYER harmless from
all fines, penalties, assessments, costs and reasonable attorneys' fees
resulting from contamination and remediation of the property.
12. TIME AND BINDING AGREEMENT: Time is of the essence for closing
this transaction. The BUYER's written acceptance of this offer will
constitute an Agreement for the purchase and sale of the Property and
will bind the parties,
their successors and assigns. In the event the
BUYER abandons this project after execution of this Agreement, but
before closing,
BUYER
may
terminate this Agreement without obligation.
13. DATE AND LOCATION OF CLOSING: The closing of this transaction
will be held at the office of the insuring title company on or before
S:\POOL\CWURCHRD\PA\Felda Ridge Gioves.wpd-pre May !I,2005
Agreement for Purchase and Sale of Real Estate
Page 5 of 6
90 days from the date this Agreement is made.
The time and location
of closing may be changed by
mutual
agreement of the parties.
14. ATTORNEYS' FEES: The prevailing party in any litigation concerning
this Agreement will be entitled to recover reasonable attorneys' fees
and costs.
15. REAL ESTATE BROKERS: SELLER hereby agrees to indemnify and hold
the BUYER harmless from and against any
claims
by a
real estate
broker
claiming by or through SELLER.
16. POSSESSION: SELLER warrants that there are no parties in
possession other than SELLER unless otherwise stated herein.
SELLER
agrees to deliver possession of Property to BUYER at time of closing
unless otherwise stated herein free of all encumbrances and any leases
that may be outstanding on the property.
17. TYPEWRITTEN/HANDWRITTEN PROVISIONS:
Typewritten and handwritten
provisions inserted herein or attached hereto as addenda, and initialed
by all parties,
will control all printed provisions in conflict
therewith.
18. FENCING: Fencing is not included within the purchase price.
Any
fencing that is removed will be replaced as part of the roadway
construction contract.
19. SPECIAL CONDITIONS:
Any and all special conditions will be
attached to this Agreement and signed by all parties to this Agreement.
Agreement for Purchase and Sale of Real Estate
Page 6 of 6
WITNESSES: SELLER: Felda Ridge Groves Partnership,
a Florida General Partnership
By:
(Date)
(Please print 01 type name)
Its General Partner
BUYER:
CHARLIE GREEN, CLERK
LEE COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:
BY:
DEPUTY CLERK (DATE)
CHAIRMAN OR VICE CHAIRMAN
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
COUNTY ATTORNEY (DATE)
Exhibit “A”
SECTION 24, TOWNSHIP 45 SOUTH, RANGE 28 EAST,
HENDRY COUNTY, FLORIDA
PARCEL 107
A PARCEL OF LAND LYING IN SECTION 24, TOWNSHIP 45 SOUTH, RANGE 28
EAST, HENDRY COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 42 FEET OF SAID SECTION 24, LYING WITHIN THOSE LANDS
DESCRIBED IN OFFICIAL RECORD BOOK 497, PAGE 1397, PUBLIC RECORDS
OF HENDRY COUNTY, FLORIDA.
SAID LANDS CONTAINING 4.99 ACRES MORE OR LESS
MS IS ND’
Exhibit “Apg
Page AOf 2
~~CT~ON 24, TOWNSHIP 45 SOUTH, RANGE 28 EAS
HENDRY COUNTY, FLORIDA
LEGEND:
SECTION 13
ORB 343. PG.80: CO’W SLOUGH, INC.
ORB 447, PG.304: LEE COUNTY
ORB 290. PG,920; WILLlAM D. ROBERTS
INGRESS, EGRESS AND
“TiLlTY EASEMENT
FELDA GROVES PARTNERSHIP
SOUTH 60’. SECTION 13
ORB 476, PG.1830
NORTH LlNE OF SECTION 24
PROPOSED SOUTHERLY
RlGHT OF WAY LINE
42.00’ (R/W TAKE)
ORB 46,. PG.436: LEE COUNTY
ELECTRlC COOPERATIVE. INC.
16’ WlDE ELECTRIC&L EASEMENT
FELDA RIDGE
GROVES PARTNERSHIP
ORB 440. PG.413
TAKE ACREAGE = 4.99 ACRES+
SECTION 24
(NOT TO SCALE)
SOUTH LINE SECTION 24
R/W = RIGHT OF WAY
ORB = OFFICIAL RECORD BOOK
PG. = PAGE
TO: Linda K. Fleming, CLS &/
Property Acquisition Agent
FROM: Terry Green
Guardian Title
STRAP: I-24-45-28AOO-0001.0000
OUTSIDE TITLE SEARCH
Department of Public Works
County Lands
Page 1 of 1
Search No. 215238
-
DATE: July 30, 1998
/
PARCEL : 9
PROJECT: Church Road Extension
This search covers the period of time from December 30, 1957 at 8:00 a.m. to June 12, 1998 at 500 p.m.
Subject Property: The Northerly 100 feet of Section 24, Township 45 South, Range 28 East, Hendry County,
Florida.
Title to the subject property is vested in the following:
Felda Ridge Grove Partnership, a Florida General Partnership
By that certain instrument dated October 11, 1989, recorded October 11, 1989, in Official Record Book 440,
Page 413, Public Records of Hendry County, Florida.
Subject to:
1.
Title to oil, gas and mineral rights and leases on subject property is specifically omitted from this report.
2.
Easements as recited in Official Recyd Book 440, Page 413, Public Records of Hendry, County, Florida
and also recordedJin Official Record Book 320, Page 82, Official Record BooM62, Page 277, and Official
Record Book 331, Page 406, Public Records of Hendry, County, Florida.
3. Mortgage executed by Felda Ridge Groves Partnership in favor of MBL Life Assurance Corporation,
dated November 21,1994, recorded November 28, 1994 in Official Record Book 516, Page 1914, Public
Records of Hendry County, Florida.
4. U.C.C. between Felda Ridge Groves Partnership and MBL Life Assurance Corporation, recorded
November 28, 1994 in Official Record Book 516, Page 1932, filed in the Public Records of Hendry County,
Florida.
5. Easement to Lee County Electric Cooperative, Inc., recorded in Official Record Book 461, Page 436,
Public Records of Hendry County, Florida.
STRAP No. I-24-45-28AOO-0001 .OOOO
1997 Taxes: Paid December 3. 1997 in the amount of $29,990.98
Back Taxes: None
Garbage: None
Assessments: None
The Division of County Lands makes no guarantees nor warranty as to the accuracy of this report.
H:IPOOLlCHuRCHRDinnEiZIS23BTSWPD-fsw
‘COMPLETESUMMARYAPPRAISAL
RJZPORTNO.O~-0505.107
Project: Church Road Extension Project
Project No.: 919
Parcel No.: 107
Owner: Felda Ridge Groves Partnership,
A Florida General Partnership
County: Hendry County, Florida
PREPAREDFOR
Robert G. Clemens
Acquisition Program Manager
Lee County Division of County Lands
P. 0. Box 398
Fort Myers, Florida 33901
DATEOFTHE~PORT
March 23,2005
EFFECTIVEDATEOFTHEAPPRAISAL
December 3,2004
(Date of Last Inspection)
PREPAREDBY
Hanson Real Estate Advisors, Inc.
2233
Second Street
Fort Myers, FL 33901-3051
HANSON REAL ESTATE ADVISORS, INC.
Real Estate Valuation and Counseling
March 23, 2005
Robert G. Clemens _’
Acquisition Program Manager
Lee County Division of County Lands
P. 0. Box 398
Fort Myers, Florida 33902
Re:
Complete Summary Appraisal Report No. 04-05-05.107
Project:
Church Road Extension Project
Project No.: 919
Parcel No.: 107
Owner:
Felda Ridge Groves Partnership, A Florida General Partnership
county:
Hendry County, Florida
Dear Mr. Clemens:
Pursuant to your request, an inspection and analysis has been made of the above referenced
property, which is legally described in the attached appraisal report. The purpose of the report is
to estimate the market value of those property rights to be acquired, together with all diminution
in value to the remaining~ land (if any) which can be attributed to the use of or activity upon land
which has been proposed for acquisition.
As of January 1, 2005, the Appraisal Standards Board of the Appraisal Foundation approved
revisions and modifications of the Departure Provision, and Standards Rules 2 and 3 and the
Definition Section of the Uniform Standards of Professional Appraisal Practice (USPAP). In
compliance with Standards Rule 2-2(b), the appraisers are communicating to the reader that this
report is considered a Complete Summary Appraisal Report, one of the three reporting options
allowed under this Standards Rule.
The subject property, containing 621.90 acres of gross land area, is located in the unincorporated
Felda market area of western Hendry County, Florida.
The property is proposed to be the subject
of a partial acquisition by Lee County, consisting of 4.99 acres of gross land area to be acquired
in fee simple interest for the construction of the Church Road Extension. The project, designated
as Project No. 919, is proposed to run easterly from South Church Road and the Lee County
Solid Waste Facility, along the northerly edge of the subject property, to State Route 29.
The parent tract is an improved citrus grove situated along an unnamed private, east-west grove
road, approximately two miles west of SR-29 and about 1% miles northwest of Felda, in
southwestern Hendry County, Florida. The 621.90-acre parent tract consists of all of Section 24,
Twp 45 South, Range 28 East. The property has approximately 5,179 feet of Frontage along the
subject’s privately-owned limestone grove roadway. The roadway provides legal access from
2233 Second Street * Fort Myers, FL 33901-3051 * Phone (239) 3344430 * Fax (239) 334-0403 * www.hrea.com
I
I
I
I
I
I
I
I
II
u
I
u
I
I
I
I
I
!
I;
Page 2
Robert G. Clemens
March 23,2005
the northeast and northwest comers of the property, over and across lands owned by others to
SR-29 to the east and: to South Church Road to the west.
The partially-paved roadway is
proposed to be developed as the Church Road Extension roadway. The public utilities to the
subject are limited to telephone and electrical service. The property is zoned A-2 (General
Agricultural) and is situated within the Agricultural land use designation (a maximum density of
1 du./5 ac.) on the Future Land Use Map (FLUM) of the Hendry County Comprehensive Plan.
The parcel is identified in the Hendry County Property Appraiser’s office as Folio 1-24-45-28-
AOO-00001.0000.
According to owner-provided materials, the 621.90 acre parent tract is improved with a 5.0 to
14.0-year old, mature citrus grove of Valencia and Hamlin orange trees on Swingle and Carrizo
rootstock with 548.78 grove acres, and 486.13 (net) tree acres, indicating a grove utilization ratio
of 89%. The tree spacing is 12’ x 22’ on double-row beds for both fruit varieties, indicating a tree
density of 165 trees per acre.
Grove irrigation is by micro-jet on poly-tubing. Grove
improvements include 6 wells with diesel engines; 2 throw-out pumps with diesel engines; a
61.90-acre reservoir, and one spray gate (canker station). The property has all applicable South
Florida Water Management District (SFWMD) permits in place as of the date of appraisal.
The
grove appears to be in good condition. The highest and best use of the property has been
estimated to be for continued use for agricultural purposes as a citrus grove.
The proposed fee simple partial acquisition area consists of 4.99 acres and is identified as Project
Parcel 107. Parcel 107 is a rectangular, narrow, 42.0 foot x 5,179 foot-wide strip of land along
the entire northerly boundary of the parent tract. The partial acquisition is proposed for the
construction of a paved roadway in connection with the construction of the Church Road
Extension Project. Improvements observed within the fee simple partial acquisition area include
the subject’s east-west internal roadway.
The remainder property, containing 616.91 acres of gross land area, is a rectangular-shaped tract
with a northerly property line measuring an estimated 5,179 feet along the southerly right-of-way
of the constructed Church Road Extension roadway.
The impact of the proposed partial
acquisition of the subject property, results in a loss of the owner’s main grove roadway and the
elimination of the site’s roadway access point. With these features eliminated, and in order to
restore the grove to economic viability, the appraisers are relying upon an engineer who is
proposing a cure which includes restoration/reconstruction of the grove’s roadway system and
reestablishment of the grove irrigation/seepage, and drainage system in the northerly 85 feet of
the remainder property. The appraisers have considered the proposed cure and cost estimates
provided by the County’s engineer.
The fnnction of the appraisal is understood to be for use as a basis of value for purposes of
estimating the amount due the owner as a result of the proposed partial acquisition.
Page 3
Robert Clemens,
March 23,2005
This letter of transmittal precedes the full narrative appraisal report, further describing the
property and contalning,,the reasoning and most pertinent data leading to the final value
estimates. Your attention is directed to the “General Assumptions”, “General Limiting
Conditions”, and “Certificate of Appraisal”, which are considered usual for this type of
assignment, These items have been included in the report addendum.
By reason of our investigation and analysis, data contained in this report and our experience in
the real estate appraisal profession, it is our opinion that the total amount due the property owner
as a result of the recent acquisition, as of December 3,2004, the Date of Last Inspection, is:
l
Value of Part Proposed To Be Acquired:
l
Land To be Acquired:
l
Improvements To Be Acquired:
Subtotal (Part To Be Acquired):
l
Severance Damages:
* Net Cost To Cure:
$ 15,000
161,600
$176,600
-O-
317.100
AMOUNT DUF! OWNER:
$493.700
The reasonable market exposure term for the parent tract and the remainder property after
severance at this value estimate, is estimated to be 9 to 12 months.
Respectfully submitted,
%
b
Woodward
anson, MAI, CRE, CCIM
St. Cert. Gen. Rl3A RZ 1003
St. Cert. Gen. REA RZ 2248
I
I
I
I
I
I
I
I
I
I
3
CHURCHROADEXTENSIONPROJECT,PARCEL
107
SUMMARY OF
VALUES
IN THE
REPORT
A. Value of Part To Be Acquired:
1)
Before Property:
2)
Part Acquired (Land & Improvements):
3)
Remainder (a$ Part of Whole) [l-2]:
4)
Remainder (Appraisal Uncured):
5)
Damages, (Total, Uncured) [3-4]:
6)
Special Benefits:
7)
Damages [5-61:
B. Feasibilitv of Cost to Cure Damaee:
8)
Remainder (Appraised as Cured):
9)
Remainder (Appraised, Uncured) [4]:
10)
Damages, Curable [8-91:
11)
Damages, Incurable [7-lo]:
12)
Cost to Cure:
13)
Improvements Cured but Paid for in [2]:
14)
Net Cost To Cure [12-131:
C. Summarv Of Total Compensation:
. Part To Be Acquired [2]:
. Damages, Incurable [l 11:
l
Cost To Care [14]:
l
Total Compensation:
D. Amount Due Owner:
l
Value of Land To Be Acquired:
.
Value of Improvements To Be Acquired:
. Severance Damages:
l
Net Cost to Cure:
TOTAL AMOUNT DUE OWNER:
$5,400.000
( 176.600 )
$5,223,400
~$1,850.700 )
$3,372,700
-O-
$3,372,700
$5,350,000
(1,850,700 )
$3,499,300
(
-o- )
$ 478,700
161.600
$ 317,100
$176,600
$$317.1:;
$493,700
$ 15,000
161,600
-o-
317.100
$493,700
CE~RCEROA~EXTENSIONPROJECT,PARCEL 107
AREA MAP
-
--
i
^ f - -
5 Year Sales History
Parcel No. 107
Church Road Widening Project, No. 0919
NO SALES IN THE LAST 5 YEARS
L:\POOL\CHURCHRD\BS\Histi07.wDd
