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2003-11 William Mason PropertyRESOLUTION NO. 03-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE INITIATION OF AN ACTION IN CONDEMNATION ON THE PROPERTY KNOWN AS THE WILLIAM H. MASON PARCEL(S); PROVIDING FOR THE NECESSITY OF SUCH ACTION; PROVIDING FOR THE PUBLIC PURPOSE AND THE USE TO WHICH THE PROPERTY IS INTENDED; PROVIDING FOR A LEGAL DESCRIPTION OF THE REAL PROPERTY TO BE CONDEMNED; SETTING FORTH THE ESTATE TO BE ACQUIRED; APPROVING A DECLARATION OF TAKING; APPROVING GOOD FAITH APPRAISAL OF REASONABLE VALUE OF SAID REAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS pursuant to the provisions of Florida Statutes, as delegated to the City of Okeechobee by the legislature of the State of Florida, particularly section 166.411 and the home rule powers granted to municipalities by chapter 166 Florida Statutes, the City of Okeechobee possesses the authority to locate and designate certain lands and real property for purposes of condemnation; and WHEREAS pursuant to said authority and by law, the City of Okeechobee may by resolution set forth the reasonable necessity for such action, together with the proposed public use of such lands and real property, and present such to the City Council for approval and ratification as provided in Florida Statutes 166.411; and WHEREAS the City of Okeechobee is further charged with the right and responsibility to provide for the public welfare to establish, maintain and otherwise provide for streets and rights of way for public use, and to promote the general welfare and economic vitality of the City as a whole; and WHEREAS the City of Okeechobee owns certain real property within its municipal boundaries that possesses land use and zoning categories for industrial use, which is presently vacant, but which by development will attract commercial businesses, create employment for its citizens, and generally promote the economic base of the City; and WHEREAS the City has no access to said industrial real property except through a residential area of the city through single family residences, and requires alternate access to the parcel by an extension of Northeast 9 Street, an existing and platted right of way in the City; and WHEREAS in order to obtain such access, the City must extend Northeast 9 Street to, and across, Taylor Creek, and the present eastem terminus of said Northeast 9` street is adjacent to real property owned by a citizen of Okeechobee known as William H. Mason; and WHEREAS the City has determined that the acquisition a portion of this real property, known as the Mason parcel(s), is appropriate and necessary to extend Northeast 9 Street; will be used for public access; and will permit the city to construct a bridge across Taylor Creek to gain access to its own industrial parcel; and WHEREAS pursuant to that end, the City has caused an appraisal of the Mason parcel(s) to be performed, which appraisal sets forth a good faith estimate of the value of the Mason parcel(s), which appraisal is attached hereto as Exhibit "A" and incorporated by reference herein; and WHEREAS the City has further caused to be prepared a survey and legal description of the Mason parcel(s) which adequately describes the real property to be acquired by the City in an action in condemnation; which separate descriptions prepared by Craig A. Smith Associates dated January 7, 2003; and by Tradewinds Page 1 of 4 Professional Services Inc., dated June 4, 2003, are attached hereto as composite Exhibit "B" and incorporated herein by reference; and WHEREAS it is determined by the City that for the aforesaid purposes the City must acquire from the record owner a fee simple title in said Mason parcel(s), and must direct by this Resolution that the City Attorney take all necessary steps as provided by law to hereafter pursue this action in condemnation; and that the City Attomey has prepared a declaration of taking, which is attached hereto as Exhibit "C" and incorporated herein by reference; and WHEREAS the City has been approved for certain funding to develop its industrial property; has retained professional services to pursue such development; has caused certain plans to be prepared; has the ability to perform and complete such project; and is under significant time constraints to commence and complete such development, which requires the City to obtain immediate access to the Mason parcel(s) to perform certain field work by surveyors and engineers preliminary to preparation of construction plans and drawings for extension of Northeast 9 Street and to construct a bridge across Taylor Creek. NOW, THEREFORE, at a duly advertised meeting of the City Council, receipt of public comment if any, and after due discussion and unanimous vote of the City Council, the City of Okeechobee, Florida hereby adopts this resolution and resolves as follows: 1. THAT the City of Okeechobee determines that its proposed use of the Mason parcel(s) is a public purpose of extending Northeast 9 Street to the boundaries of Taylor Creek, as well as obtaining an adjoining area of land for use as drainage areas or structures, right of way set backs, wetland mitigation or other permissible public use, and to thereafter construct a bridge across Taylor Creek at the Easternmost terminus of the Mason parcel(s) for access to the City's industrial property, which is also a public purpose. 2. THAT the City of Okeechobee determines that a review of existing maps, plats, plans and ariel photographs reveals that there are no other developed roadways within the City to obtain access to its industrial property other than Northeast 9 Street; that the only existing access to the industrial property is through the area of the City known as Douglas Brown park, which is a residential single family area of the City, which does not immediately adjoin major arterial roadways, and which area is not conducive or safe for industrial traffic flows. 3. THAT the City of Okeechobee determines that as an additional public benefit, creating access to its industrial property through Northeast 9 Street will also create an alternate route for emergency evacuation of Douglas Brown park to the major state roadway S.R. 15, also known as highway 441, as this area of the City presently has no access to evacuate from the area other than S.R. 70, which already serves the congested area of the Northeast and Southeast residential and commercial areas of the City. 4. THAT the City of Okeechobee determines that extension of Northeast 9th Street across the Mason parcel(s) will comply with current state or federal grant requirements preliminary to the development of the City's industrial property for use as an industrial park, which will be created immediately east of the Mason parcel(s) on the eastern side of Taylor Creek, which will advance the legitimate needs of the City to promote commercial and economic growth within the City. 5. THAT the City of Okeechobee determines that the use of the Mason parcel(s) to create a city street and permit drainage facilities to be installed thereon will be for a general public purpose, and that any benefit to private commercial business in an industrial park through lease or ownership is only incidental to the primary public use of the Mason parcel(s), and which private Page 2 of 4 business will promote and cause a significant economic impact to the City and its citizens as a whole. 6. THAT the City of Okeechobee determines that due to time constraints, and as necessary to prepare construction plans preliminary to obtaining permits to proceed with the industrial park project, that immediate access to the Mason parcel(s) is necessary and essential to permit surveyors, engineers or other professionals to perform soil borings, surveys, and other site work. In accordance with such time constraints, this resolution is enacted, and the City further determines that this action must proceed in a timely manner, and that the City must employ the quick taking provisions of Chapter 74, Florida Statutes to accomplish same. 7. THAT the City of Okeechobee determines that the appraisal of the Mason parcel(s) performed by Brandon Tucker, as set forth in Exhibit "A" hereto, is made in good faith upon sound land comparisons and appraisal techniques; that Mr. Tucker is an experienced and licensed land appraiser; and that the estimate of value contained therein computed at $10,000.00 per acre of the Mason parcel(s) is appropriate to extend to the landowner. 8. THAT the City of Okeechobee determines that as the Mason parcel(s) will be used by the public as a city street for access to its industrial property, and that adjoining and will be used for drainage, wetland mitigation or other permissible public uses, as such improvements will be permanent in nature. Therefore, the City of Okeechobee, upon review of relevant data and opinions of consulting engineers, determines that the described property is the minimum area that must be obtained in condemnation to accomplish the public purposes set forth herein, and must acquire no less than fee simple title to the Mason parcel(s) by its action in condemnation. 9. THAT the City of Okeechobee determines that the legal description of the Mason parcel(s) prepared by Craig A. Smith Associates, dated January 17, 2003 and by Tradewinds Professional Services, Inc., dated June 4, 2003, attached hereto as composite Exhibit "B" and incorporated herein by reference, are a true and accurate description of the Mason parcel(s) subject to condemnation; are approved and ratified by this resolution; and shall be included in any petition for condemnation filed by the City pursuant to the authority of s. 166.411 Florida Statutes and this resolution. 10. THAT the City of Okeechobee determines that the declaration of taking prepared by the City Attorney and attached to this Resolution as Exhibit "C incorporated herein by reference, which identifies and values the Mason parcel(s) as parcels a, b, and c, is a valid declaration reflecting the intent and purpose of the City Council; is ratified and approved; and directed to be filed with any petition for condemnation filed pursuant to this Resolution. 11. THAT pursuant to this Resolution, the City Council directs that the City Attorney hereafter pursue an action in condemnation against the Mason parcel(s) as provided by law and to expeditiously conclude same. SEVERABILITY. Should any portion of this resolution be deemed by a court of competent jurisdiction to be invalid such determination shall not effect the remainder of the resolution which shall remain in full force and effect. EFFECTIVE DATE. As provided by law, the City of Okeechobee Florida determines that it shall cause this resolution to become effective immediately upon final approval and passage by the City Council of the City of Okeechobee. THAT this Resolution is introduced for emergency action, as authorized by Section 166.041(3)(b) F.S. and approval by the City Council of the City of Okeechobee, Florida this 26 day of September, 2003 and is hereby adopted. Page 3 of 4 ATTEST: DATED this 26T" day of SEPTEMBER, 2003. Lane Gamiotea City Clerk REVIEWED FOR LEGAL SUFFICIENCY John R. Cook City Attorney JAMES E. KIRK, Mayor ,For the City of Okeechobee, Florida RESOLUTION NO. 03 -11 EXHIBIT "A" APPRAISAL OF REAL PROPERTY LOCATED AT: XXX NE 11th Street Long Legal (See attached) Okeechobee, FL 34972 FOR: City of Okeechobee Office of the City Administrator Okeechobee, FL 34972 AS OF: March 12, 2003 BY: Brandon D Tucker, P.A. State Cert. Res. REA 3326 RD3326 Valuation Professionals, PLLC Form GA6 "TOTAL for Windows" appraisal software by a la mode, inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 1 of 14 (File No. SFREA017L( Page #2j Borrower /Client City of Okeechobee File No. SFREA017 /03 Property Address XXX NE 11th Street City Okeechobee County Okeechobee State FL Zip Code 34972 Lender City of Okeechobee TABLE OF CONTENTS Invoice 1 Cover Page 2 Letter of Transmittal 3 Summary of Salient Features 4 USPAP Identification 5 Land 6 Additional Comparables 4 -6 7 General Text Addendum 8 Subject Photos 9 Statement of Limiting Conditions 10 Subject Property Sketch 12 Tax Card and Legal Description 13 Comparable Sales Map 14 Form TOCNP "TOTAL for Windows" appraisal software by a la mode, inc. —1- 800- ALAMODE Res. No. 03 -11 Exhibit "A" Page 2 of 14 Valuation Professionals, PLLC 104 NW 7th Avenue Okeechobee, FL 34972 (888) 874-2945 City of Okeechobee Office of the City Administrator Okeechobee, FL 34972 Re: Property: XXX NE 11th Street Okeechobee, FL 34972 Borrower: City of Okeechobee File No.: SFREA017 /03 In accordance with your request we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Brandon D Tucker, P.A. State Cert. Res. REA 3326 RD0003326 Res. No. 03 -11 Exhibit "A" Page 3 of 14 File No. S /031 gage #31— a w Subject Address Legal Description City County State Zip Code Census Tract Map Reference XXX NE 11th Street Long Legal (See attached) Okeechobee Okeechobee FL 34972 9902 37 -35 -15 E" a_ w z Sale Price Date of Sale N/A N/A Borrower Client Lender City of Okeechobee City of Okeechobee W 0 cc u. 0 o d F, s w 0 Size (Square Feet) Price per Square Foot Location Age Condition Total Rooms Bedrooms Baths City Limits NE E a cc Appraiser Date of Appraised Value Brandon D Tucker, P.A. March 12 LL, Final Estimate of Value 86,400 SUMMARY OF SALIENT FEATURES (File No. SFREA017 /031 Page #41 Form SSD "TOTAL for Windows" appraisal software by a la mode, inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 4 of 14 Borrower City of Okeechobee File No. SFREA017 /03 Property Address XXX NE 11th Street City Okeechobee County Okeechobee State FL Lp Code 34972 Lender City of Okeechobee APPRAISAL AND REPORT IDENTIFICATION This appraisal conforms to one of the following definitions: Complete Appraisal (The act or process of estimating value, or an opinion of value, performed without invoking the Departure Rule.) _I Limited Appraisal (The act or process of estimating value, or an opinion of value, performed under and resulting from invoking the Departure Rule.) This report is arm of the following types: I Self Contained (A written report prepared under Standards Rule 2 -2(a) of a Complete or Limited Appraisal performed under STANDARD 1.) k^i Summary (A written report prepared under Standards Rule 2 -2(b) of a Complete or Limited Appraisal performed under STANDARD 1.) I -I Restricted (A written report prepared under Standards Rule 2 -2(c) of a Complete or Limited Appraisal performed under STANDARD 1 for client use only.) Comments on Standards Rule 2 -3 I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. I have no (or the specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed and this report has been prepared, In conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant real property appraisal assistance must be stated.) Comments on Appraisal and Report Identification Note any departures from Standards Rules 1 -2, 1 -3, 1 -4, plus any USPAP related issues requiring disclosure: .uw. .w+m.uew� vav 'File No. SFREA017 /031 Page #51 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Brandon D Tucker, P.A. Name: Date Signed: March 14, 2003 Date Signed: State Certification RD0003326 State Certification or State License or State License State: FL State: Expiration Date of Certification or License: 11/30/2004 Expiration Date of Certification or License: 1 Did L _l Did Not Inspect Property Tucker Group Form 193 "TOTAL for Windows" appraisal software by a la mode, inc. 1- 800 ALAMODE Res. No. 03 -11 Exhibit "A" Page 5 of 14 t Address XXX NE 11th Street Okeechobee N/A Proxim to Subject Sales Price Price Per Acre Data Source Dale of Sale and Time Adjustment Location S iew Land Size Zo LU Utilities S Access N/A Public Records DESCRIPTION N/A C' Limits NE Creek/Woods 8.46 acres Holdin /SFR ETWS Irre ular/ROW Sales or Financing Concessions Net A otal N/A 27 831 Borrower City of Okeechobee Property Address XXX NE 11th Street CA)/ Okeechobee County Okeechobee State FL Zip Code 34972 Legal Description Long Legal (See attached) Sale Price N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes (yr) Loan charges to be paid by seller N/A Other sales concessions N/A Lender /Client City of Okeechobee Address Office of the City Administrator, Okeechobee, FL 34972 Occupant Vacant Appraiser Brandon D Tucker, P.A. Instructions to Appraiser Appraise as vacant. Location U Urban Built Up Over 75% Growth Rate Fully Dev. Rapid Property Values Increasing Demarx/Suppy Shortage Marketing Time Under 3 Mos. Present Land Use 60% 1 Family 10% 2 -4 Family Industrial 10% Vacant Change in Present Land Use Not Likely From Predominant Occupancy Single Family Price Range Single Family Age ITEM Indicated Value of Subject Comments on Market Data See attached addenda. Brandon D Tucker, P.A. Appraiser(s) (Y2K) LAND APPRAISAL REPORT Suburban Rural 25% to 75% Under 25% Steady Slow VI Stable Declining L1 In Balance Oversupply EI 4 -6 Mos. Over 6 Mos. Apts. Condo 20% Commercial Likely Taking Place To Owner [1 Tenant Vacant to Predominant Value yrs. to yrs. Predominant Age Dimensions Irregular Zoning classification Holding (Single Family Residential FLU) Highest and best use IM Present use Other SUBJECT PROPERTY COMPARABLE NO. 1 NW 7th Avenue 7th Street Okeechobee 1 mile west OR Book 421 Page 1906 04/30/1999 Ci Limits NW Homes 2.066 acres SFR /SFR ETWS Rectan DESCRIPTION Cash to seller n ular /Pav Rd 57 500 Adjust. 17,250 12,000 29,250 28,250 Census Tract 9902 yrs. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): The subject property is a long narrow strip of land runnin alon a ortion of Ta lor Creek. Access is rovided b unim roved right of ways to the property from NE 11th Street, 12 th Street and 13th Street. The general area has average appeal to the market with a mix of single- family, multi- family and commercial/industrial applications in the area. There are no negative factors affecting the subject neighborhood. 8.46 Sq. Ft. or Acres Corner Lot Present Improvements do do not conform to zoning regulations Public Other (Describe) OFF SITE IMPROVEMENTS Topo Ridgeland Multiple Elevations Elec. ZI Street Access M Public Private Size 8.46 acres Gas Surface Dirt Shape Irregular (Long and narrow) Water Maintenance IA Public Private View Taylor Creek Woods San. Sewer El 0 Storm Sewer Curb /Gutter Drainage Adequate Underground Elect. Tel. Sidewalk Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? No MI Yea Comments (favorable or unfavorable Including any apparent adverse easements, encroachments, or other adverse conditions): The subject properties shape and access along with the city water treatment plant being located across the creek are considered negative factors or functional external obsolesences. the difficulty is measuring how these obsolesences affect the subject property. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysts. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus adjustment is made thus reducing the indicated value of subject; if a significant kern in the comparable is inferior to or less favorable than the subject property, a plus adjustment is made thus increasing the indicated value of the subject. COMPARABLE NO .2 SW 5th Avenue 8th Street Okeechobee 2 miles southwest OR Book 411 Page 177 DESCRIPTION j Adjust 08/31/1998 City Limits SW Homes 1.221 acres SFR /SFR ETWS Rectangular /Pav Rd Cash to seller n N1- Comments and Conditions of Appraisal: This complete appraisal, summary report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). The extraordinary assumption that the property has good legal access and that setbacks from the creek do not rohibit the develo ment of one sin le- family home on the site is a condition of the reported value. Final Reconciliation: It is my opinion, that the fair market value of the subject 8.46 acre parcel is equal to $10,000.00 per acre of $86,400.00. I ESTIMATE THE MARKET UE, AS NED, OF SUBJECT PROPERTY AS OF March 12 2003 to be 86,400 Did Did Not Physically Inspect Property Review Appraiser (if applicable) Tucker Group Form LND `TOTAL for Windows' appraisal software by a la mode, inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 6 of 14 Good Avg. Fair Poor Employment Stability Convenience to Employment M Convenience to Shopping Y❑ Convenience to Schools El Adequacy of Public Transportation M Recreational Facilities Adequacy of Utilities Properly Compatibility U El Protection from Detrimental Conditions Police and Fire Protection El General Appearance of Properties L Appeal to Market [l [l 19 000 15 561 -5,700 -3,990 Map Reference 37 -35 -15 9.690 9,310 [File No. SFREA017 /031 Paae #6I City of Okeechob File No. SFREA017 /03 XXX SW 67th Drive Okeechobee 6 miles west OR Book 492 Page 633 01/07/2003 Lazy 7 Homes/Pasture 5.43 acres COMPARABLE NO. 3 AG /AG ET Rectangular /Pav R Cash to seller Fl 50 000 9.208 DESCRIPTION 1 Adjust. 10.000 -4,000 +7,500 12,500 19,000 31,000 ITEM 1 SUBJECT PROPERTY COMPARABLE NO. 4 COMPARABLE NO. 5 COMPARABLE NO. 6 Address XXX NE 11th Street Okeechobee XXX SE 82nd Avenue Okeechobee XXX SW 32nd Avenue Okeechobee Prodmity to Subject 5 miles SE 3 miles southwest Sales Price N/A 67,500 110,000 Price Per Acre N/A 13,500 17,107 Data Source Public Records OR Book 492 Pa a 1434 OR Book 477 Page 728 J Date of sale and Tune Adjustment DESCRIPTION DESCRIPTION j Adjust. DESCRIPTION Adjust. DESCRIPTION I Adjust. N/A 01/10/2003 05/22/2002 t Location City Limits NE Quail Woods 10,000 SW Section 30,000 Site/View Creek/Woods Pasture Pasture /Homes Land Size 8.46 acres 5 acres -5,750 6.43 acres -8,000 Zo r FLU Holdin. /SFR AG /AG AG /AG Utilities ETWS ET +5,000 ETW +2,500 Shape/Access Irregular /ROW Rectangular /Pv Rd 15,500 Rectangular /Pv RD 22,000 Sales or Financing Concessions N/A Cash to seller Cash to seller Net Adj. (Total) Fl Fl 26,250 Fl VI 57,500 n Indicated Value of Subject 41,250 52,500 Comments: The main unit of comparison is dollars per acre. Land size adjustments are negative (superior) If the land is smaller in size than the subject due to the inverse relationship that typically exists between land size and dollars per acre. Percentage adjustments were made for location and shape /access. Utilities were adjusted based upon estimated cost to install if available. The adjusted values on a dollars per acre basis are as follows: Comp -1 $13,673 per acre Comp -2 $7,624 per acre Comp -3 $5,709 per acre Comp -4 $8,250 per acre Comp -5 $8,164 per acre The mean of these adjusted values is equal to $8,684 per acre. Giving the most weight to comps 1 and 2 brings me to the conclusion that the price per acre value for the subject to be equal to say $10,000.00 per acre. No extra value is given for the creek view since the creek is overgrown in the subject area and the water treatment plant located across the street takes away from the subject property so the creek feature is a wash compared to the comparable site/view features therefore no adjustment was made. Tucker Group Form LND.(AC) 'TOTAL for Windows" appraisal software by a la mode, inc. 1-800-ALAMODE LAND APPRAISAL REPORT MARKET DATA ANALYSIS Res. No. 03 -11 Exhibit "A" Page 7 of 14 File No. SFREA017 /03[Paae #7� City of Okeechob File No. SFREA017 /03 m (File No, SFREA017 /03 Paae SFREA017 /03 Land Market Data There are no true comparable sales like the subject since it is a unique parcel of land. Comps 1 2 are sales of multiple Tots in the city limits thats highest and best use is for single family homes. Comps 3 -5 are acreage sales that I consider to be competing properties to the subject if someone was looking to buy 5 -10 acres for a homesite in the area. Adjustments are made for land size, shape access, as well as location and utilities. I believe the highest and best use for the subject property is for one 8.46 acre homesite due to its shape and ingress /egress. This is why 1 have placed emphasis on acreage sales and have used price per acre as a unit of comparison instead of a price per lot basis for a standard city lot (50x142.5). Form TADD "TOTAL for Windows" appraisal software by a la mode, inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 8 of 14 City of Okeechobee Borrower /Client XXX NE 11th Street Property Address Okeechobee County Okeechobee State FL Zip Code 34972 City Lender City of Okeechobee m (File No, SFREA017 /03 Paae SFREA017 /03 Land Market Data There are no true comparable sales like the subject since it is a unique parcel of land. Comps 1 2 are sales of multiple Tots in the city limits thats highest and best use is for single family homes. Comps 3 -5 are acreage sales that I consider to be competing properties to the subject if someone was looking to buy 5 -10 acres for a homesite in the area. Adjustments are made for land size, shape access, as well as location and utilities. I believe the highest and best use for the subject property is for one 8.46 acre homesite due to its shape and ingress /egress. This is why 1 have placed emphasis on acreage sales and have used price per acre as a unit of comparison instead of a price per lot basis for a standard city lot (50x142.5). Form TADD "TOTAL for Windows" appraisal software by a la mode, inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 8 of 14 Borrower /Client City of Okeechobee Property Address XXX NE 11th Street City Okeechobee County Okeechobee State FL Zip Code 34972 Lender City of Okeechobee Subject Photo Page Form PICPIX.SR "TOTAL for Windows" appraisal software by a la mode, inc. —1- 800 ALAMODE Res. No. 03 -11 Exhibit "A" Page 9 of 14 Subject Front XXX NE 11th Street Sales Price N/A Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location City Limits NE View Creek/Woods Site Quality Age (File No. SFREA017 /031 Page #9 Subject Rear Subject Street IFile No. SFREA011 /031 Page #1UJ DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit In this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made In terms of cash in U.S. dollars or In terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report Is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the tile. The property is appraised on the basis of It being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research Involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibiilty for the accuracy of such items that were fumished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data collection or reporting services) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 Tucker Group Form ACR "TOTAL for Windows" appraisal software by a la mode, Inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 10 of 14 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted In the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that 1 have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. if I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: fl a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: XXX NE 11th Street, Okeechobee, FL 34972 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Brandon D Tucker, P.A. Name: Date Signed: March 14, 2003 Date Signed: State Certification RD0003326 State Certification or State License or State License State: FL State: Expiration Date of Certification or License: 11 /30/2004 Expiration Date of Certification or License: Freddie Mac Form 439 6 -93 Page 2of2 L] Did I 1 Did Not Inspect Property Form ACR "TOTAL for Windows" appraisal software by a la mode, Inc. 1-800-ALAMODE Res. No. 03 -11 Exhibit "A" Page 11 of 14 R 14u. SI titHU I /Ldl Nage I Ij Fannie Mae Form 10048 6-93 C T'ELIMITS N. .14- TH- ,STREE N 1 T STREET 3-15-37-35-0010-00010-001B MASON WILLIAM H 1 211 1 /1996 $10,000 V!Q er2ITH 0 TH T� Ll J N.E.10 TH STREET L H 9_ N IREET re B ARD T A 4 A LROAD 1 1 1 r> N.E_7 TH STREET N.E.7 TH STREET 1 1 1 1 1f 11 11iiiil[III11 Res. No. 03 -11 Exhibit "A" Page 12 of 14 GIFT LIMITS SEABOARD COAST LINE RAILROAD http:// www. okeechobecpa. com/ dualXeon_ tmp /OKEECHOBEE1047664501484.giC 3/14/2003 1 NEW SEARCH 1 NOTICE OF AD VALOREM TAXES NON -AD VALOREM ASSESSMENTS BILL R 2924700 2002 REAL ESTATE TAX /NOTICE RECEIPT FOR OKEECHOBEE COUNTY IF PAID IN TOTAL DUE MAR1 -MAR31 $241.60 APRO1 APR25 $248.85 APR26 MAY22 $250.05 MAY 23TH $0.00 TAX SALE. $0.00 AD VALOREM TAXES TAXING MILLAGE RATETAX AMOUNT AUTHORITY SCHOOL -RLE .00587500 $57.16 COUNTY .00800100 $77.84 CITY .00668990 $65.09 OKEECHOBEE SOUTH FL. WAT .00069700 $6.78 MGMNT SCHOOL -DISC .00276000 $26.85 COUNTY BOND .00047980 $4.67 CHILDRENS .00033000 $3.21 COUNCIL TOTAL AD- VALOREM: $241.60 NON -AD VALOREM ASSESSMENTS TAXING TAX AMOUNT AUTHORITY TOTAL NON -AD VALOREM: $0.00 COMBINED TAXES ASMTS: $241.60 DISCOUNT: $0.00 UNPAID BALANCE: $241.60 Exemptions: None Property Address: PROPERTY R 3- 15- 37 -35- 0010 00010 -OO1B MASON WILLIAM H 1032 SW 20TH AVE OKEECHOBEE, FL 34974 8.46 ACRES CITY OF OKEECHOBEE BEG AT A PT ON N BDRY LINE OF SEC 15, SAID PT BEING DUE N OF THE NE COR OF BLOCK 1, CITY OF FAIR MKT VALUE $9,729 DIST 50 ASSESS $9,729 EXEMPT VALUE 0 TAXABLE VALUE $9,729 http:// www. okeechobeecountytaxcollector .com/TaxBilIRT.aspx ?Taxl3il lNo= 2924700 &Ta... 3/14/2003 Res. No. 03 -11 Exhibit "A" Page 13 of 14 Florida, United States, North America 0 mi 1 2 3 4 5 Copyright 0 1988-2000 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoft.com/Strr3ets 0 Copyright 1999 by Geographic Data Technology, Inc. All rights reserved. 0 1999 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities Her Majesty the Queen in Right of Canada. Page 1 I: Copyright 1999 by Compuser icromarketing Data and Systems Ltd. DESCRIPTION: A PORTION OF TI -IAT LAND DESCRIBED IN O F F I C I A L RECORDS BOOK 385, PAGE 962, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF NORTHEAST 9TH STREET; THENCE NORTH 00°08'04" WEST, A DISTANCE OF 70. 00 FEET TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 34, OF SAID PLAT OF OKEECHOBEE, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF SAID NORTHEAST 9TH STREET; THENCE NORTH 89°51'56" EAST ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 203.6 FEET, MORE OR Liss, TO 1 HE APPROXIMATE WESTERN SIIOHEI_ I NE OF THE ONUSHOIIATCIIEE RIVER (TAYLOII CHEEK); THENCE SOUTHERLY, MEANDERING SAID APPROXIMATE WESTERN SHORELINE, A DISTANCE OF 71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SAID NORTHEAST 9TH STEET; THENCE SOUTH 09°51'56" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 200.3 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA CONTAINING 14,288 SQUARE FEET, MORE OR LESS. SKETCH OF DESCRIPTION THIS IS NOT A SURVEY RESOLUTION NO. 03 -11 EXHIBIT "B' PORTION OF SECTION i5 -37 -35 OKEECHOBEE PLAT BOOK 5, PAGE 5 OKEECHOBEE COUNTY, FLORIDA CRAIG A. SM 1 TH ASSOCIATES CONSULTING ENGINEERS- PLANNERS SURVEYORS SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCII ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. T H I S PARCEL IIAS NOT BEEN ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH RIGHT OF WAY LINE OF NORTHEAST 9TH STREET. (ASSUMED TO BEAR NORTH 89°51'56" EAST) LEGEND 0. C. P. R. OKEECHOBEE COUNTY PUBLIC RECORDS P. D. PLAT BOOK PG. PAGE P. 0. B. POINT OF BEGINNING P. O. C. POINT OF COMMENCEMENT SO. FT. SOUARE FEET Parcel C SKETCII 6 DESCRIPTION 00K REVISION DWN 01/t7/03 DATE NE 9TH AVENUE EXTENSION N/A RDK FB /PG CKD 242 ROYAL PALM BEACH BLVD. ADDITIONAL RIGHT OF WAY ROYAL PALM BEACH, FLORIDA 33411 (561)- 791 -9200 PREPARED FOR: CI TY O OI <LE CI-HD EYE E CERTIFICATE NO: L03110 CAD LIBRARY: 0986ATAY 1 SHEET 1 OF 2 Res. Nu. 03 -11 Exhibit "0" Pave 1 of 4 N. E. 9111 ST. SITE FOR THE FM, BY: C X a I Lf10 D Ir I j LAKE LOCATION MAP OI(EECFIOBEE (NOT TO SCALE) CU 111 O 7S v rn r r CO G) rn O O C) -1 C) Z 7C Ul CO A N Ul m 0 ill NE CORNER LOT 1 BLOCK 51 (POB) SKETCH OF DESCRIPTION THIS IS NOT A SURVEY ry 0 SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION IS ACCURATE TO TIIE BEST OF HY KNOWLEDGE AND BELIEF AND MEETS APPLICABLE SECTIONS OF TIIE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY TIIE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61617 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT 1O SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. IIOBERT D KEENER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 4840 CRA I G A. SMITH ASSOCIATES CONSULTING ENGINEERS PLANNERS SURVEYORS 242 ROYAL PALM BEACH BLVD. ROYAL PALM BEACH, FLORIDA 33411 (561) -791 -9200 CERTIFICATE NO: LB3110 NO0' 00 04' W 70. 0' 71 ONOSHOIIA TCIIEE RIVER PI U) a I N NE. 5111 AVE. o (TAYLOR CREEK) SKETCH DESCII I PT 1 ON REVISION Res. No. 03 -11 Exhibit "B" Page 2 of 4 17 CO U1 CD JC m 1 Ul m 0 CO CD r11 m RUK DWN 1 O U1 rn N SE CORNER LOT 6 BLOCK 34 APPHOX CO r O 7C CO 01/ DATE N/ A F© /PG ro r I m RDK CKD NE 9TH AVENUE EXTENSION ADDITIONAL R I GI IT OF WAY PREPARED FOR: C I TY OF OKEECHOBEE CAD LIBRARY: 0986ATAY 1 SHEET 2 OF 2 W vr 1J- C,Out6Ar'Aviv OKEECHOBEE PREPARED FOR: CITY OF DESCRIPTION SKETCH OF DESCRIPTION DATE BY CK EXHIBIT 'A' Page 1 06/04/03 JS JAW DISK: MPS SCALE: N/A FB/PG: N/A `FILE: I 7328—SKETCH—LAYOUT JOB NO: 17328 J EXHIBIT "A PAGE 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 385, PAGE 962 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. SAID PORTION OF LAND UES WITHIN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 5, PAGE 5 OF THE PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THENCE PROCEED NORTH 89'56'33" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH UNE OF SAID BLOCK 51, AND CROSSING A PORTION OF THESE LANDS DESCRIBED AS "PARCEL 2" AND PARCEL "3 PLAT NO. 2 TAYLOR CREEK WATERSHED, ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 3, PAGE 26 OF THE PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 200.3 FEET, MORE OR LESS TO THE ,,.'PROXIMATE WESTERN SHORELINE OF TAYLOR CREEK (AS CALLX FOR IN THE AFORESAID ORB 385, PAGE 962); THENCE SOUTHERLY, MEANDERING ALONG SAID WESTERLY, SHORELINE, A DISTANCE OF' 232.33 FEET, MORE OR LESS TO THE INTERSECTION WITH THE NORTH RIGHT —OF —WAY LINE OF THE SEABOARD AIR UNE RAILROAD AS SHOWN ON THE AFORESAID PLAT NO. 2 TAYLOR CREEK WATERSHED; THENCE, DEPARTING SAID WESTERLY SHORELINE, RUN SOUTH 89'57'13" WEST ALONG SAID NORTH RIGHT —OF —WAY UNE, A DISTANCE OF 176.72 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE AFORESAID "PARCEL 2 THENCE NORTH 00'02'47" WEST ALONG SAID NORTH RIGHT —OF —WAY LINE AND THE EAST UNE OF THE AFORESAID BLOCK 51, A DISTANCE OF 231.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 43,720 SQUARE FEET, MORE OR LESS. PROJECT SPECIFIC NOTES /LEGEND: 1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF BLOCK 51, OKEECHOBEE, TAKEN TO BEAR NORTH 00'02'47" WEST PER "PLAT NO. 2 TAYLOR CREEK WATERSHED 3) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS —OF —WAY OR ABANDONMENTS. 4) REPRODUCTIONS OF THIS DRAWING ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. 5) NE NORTHEAST 6) MORE OR LESS. 7) (CAS) MEASURE PER SKETCH AND LEGAL DESCRIPTION PREPARED BY CRAIG A. SMITH ASSOCIATES, 2 SHEETS, NO DATE, NO DRAWING NUMBER. 8) (C) CALCULATED. 9) S.A.L.R.R. SEABOARD AIR LINE RAILROAD. 10) R/W RIGHT—OF--WAY. Kenneth. A. Breaux Jr. FI. PSM #4820 Res. No. 03 -11 Exhibit "B" Page 3 of 4 TRADEWINDS `.Pra 3.4,04 a2 ,S eai, Y. Certificate of Authorisation No. LB 5719 113 NW 11TH AVENUE Okeechobee, FL 34972 Tel: (941) 763 -2887 EXHIBIT "A PAGE 2 OF 2 LOT 6 BLOCK 51 POINT OF BEGINNING NE CORNER BLOCK 51 NORTH UNE BLOCK 51 0 0 N i nog'(c) 98.33'(C) CV J W U 0 PARCEL "A" 21,383± SQ. FT. SW CORNER PARCEL 2' 86.72' NORTH R/W UNE OF SEABOARD AIR UNE RAILROAD (PER PLAT BOOK 3 PAGE 36) 90.o0'f(C) N 89 °56 .3 E 200.30'(CAS) 1 O1.97't(C) WEST UNE PARCEL 3 PLAT BOOK 3, PAGE 36 PARCEL "8" 22,337± SQ. FT. S 89°57'13" W 176.721C) GRAPHIC SCALE 400 0 200 400 S. A. L. R. R. IN FEET f inch 50 ft. 7 —APPROXIMATE SHOREUNE S 00 °02 E (C) 73.00'±(C) rr'' C.] APPROXIMATE WEST EDGE OF CREEK AS SCALED FROM COUNTY AERIAL PHOTOGRAPH S 13 °27'55" W (C) 100.92'±(C) S 00 °02'47" E (C) 60.00' ±(C) SOUTH UNE PARCELL PREPARED FOR: SKETCH OF DESCRIPTION CITY OF OKEECHOBEE DESCRIPTION SKETCH OF DESCRIPTION EXHIBIT 'A' Page 2 DISK: TWPS \11E: 17328 DATE 06/04/03 SCALE: JOB NO: 17328 BY as CK JAW Res. No. 03 -11 Exhibit "B" Page 4 of 4 TRAD EWINDS Q 6 Certificate of Authorization No. LH 6719 113 NW 11TH AVENUE Okeechobee, FL 34972 Tel: (941) 763 -2887 RESOLUTION NO. 03 -11 EXHIBIT "C" CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the state of Florida, PETITIONER vs. WILLIAM H. MASON, a single man, RESPONDENT. IN THE CIRCUIT COURT, IN AND FOR THE NINETEENTH JUDICIAL CIRCUIT OKEECHOBEE COUNTY, FLORIDA. CASE NO. DECLARATION OF TAKING THE PETITIONER, availing itself of the provisions of Chapters 166.411; 73 and 74, Florida statutes, to take possession and title in advance of the entry of Final Judgment, and having filed a lawsuit in eminent domain for the purpose of condemning from William H. Mason lands and other property necessary for the purpose of securing rights of way, drainage ditches or structures, right of way set back, wetland mitigation, and service roads for extension of N.E. 9 Street preliminary to the construction of a bridge necessary for development of city property as an industrial park, as set forth in the petition filed in these proceedings, hereby declares: Res. No. 03 -11 Exhibit "C" Page 1 of 3 1. That the property sought to be appropriated in these proceedings is to be taken for the uses set forth in the authorizing resolution of the city council and the petition in condemnation. 2. That obtaining the real property is necessary and for a primary public purpose as stated in the authorizing resolution of the city council. 3. That an estimate of value, made in good faith and based upon a valid appraisal prepared by Brandon Tucker of the each parcel sought to be appropriated in these proceedings, is as follows: Appraisal value: $10,000.00 per acre Estimated size of parcels to be appropriated: parcel A 21,383 Square feet parcel B 22,337 Square feet parcel C 14,288 Square feet Appraisal value per square foot: .23 cents per foot Value of parcel A: 21,383 Sq.ft. x .23 $4,918.09 Value of parcel B: 22,337 Sq.ft. x .23 $5,137.51 Value of parcel C: 14,288 Sq.ft. X .23= $3,286.24 TOTAL ESTIMATED VALUE OF PARCEL: $13,341.84 Res. No. 03 -11 Exhibit "C" Page 2 of 3 4. That the legal description of the lands to be taken is adequately set forth by survey and legal description prepared by Craig A. Smith Associates and by Tradewinds Professional Services, Inc., as set forth in the authorizing resolution. Res. No. 03 11 Exhibit "C" Page 3 of 3 JOHN R. COOK City Attorney 805 S.W. Park St. Okeechobee, Florida 34972 (863)467 -0297 Florida Bar 262951