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Agenda 02/10/2015 Item #16A 8 2/10/2015 16.A.8. EXECUTIVE SUMMARY Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 236RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East,together with its companion easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 419RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $25,100). OBJECTIVE: To purchase two easements needed for the four-laning of Golden Gate Boulevard from east of Wilson Boulevard to DeSoto Boulevard (the Project). CONSIDERATIONS: Collier County is seeking to purchase a 4,515 square foot, more or less, perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement along the south side of Golden Gate Boulevard (Parcel 236RDUE) to facilitate the design-build project recently awarded to Stantec/Ajax. It is part of the 1.64 acre improved parent tract owned by Maria Gutierrez (Property Owner). The accompanying Appraisal prepared by Thomas A. Tippet, MAI, and dated as of March 20, 2014 indicates the appraised value of Parcel 236RDUE is $3,300. An Offer Letter was forwarded to the property owner in the amount of$3,300. Negotiations resulted in the owner agreeing to convey Parcel 236RDUE to the County at a modest increase over the appraiser's compensation estimate, provided the County also agrees to purchase easement Parcel 419RDUE (also owned by Ms. Gutierrez) which will be required for the construction of the next phase of the Golden Gate Boulevard project further to the east (again at a modest increase over the real estate appraiser's compensation estimate). The Appraisal prepared by our in-house appraiser, Harry Henderson, SRA, dated as of October 29, 2014, values Parcel 419RDUE at$18,400.00. The attached Easement Agreements set forth the purchase prices for both right-of-way parcels at $4,000 for Parcel 236RDUE and $21,000 for Parcel 419RDUE without any additional attorney or experts' fees or costs. Accordingly, staff recommends that the Board of County Commissioners (the Board) approve these two agreements for the purchase of Parcel 236RDUE and 419RDUE. FISCAL IMPACT: Funds in the amount of$25,100 ($25,000 purchase price and approximately $100 recording fees) will be paid from impact fees. Should impact fees not be sufficient for this particular project, the secondary funding source will be gas taxes. The county currently maintains Golden Gate Boulevard, so incremental maintenance costs ultimately related to the improvements will be minimal compared to the overall benefits of Project. Additional right-of-way acquisitions are required, which will add acreage to the mowing and garbage removal maintenance at approximately $3,000 per year. Replacement of swales with closed drainage (piping) has a useful life of approximately fifty years with recurring costs of periodic inspections and system cleaning on a three to five year basis at an estimated cost of$5,000 per cycle. New roadway construction has a maintenance curve of approximately 5 to 7 years before any incremental costs are required for repairs or replacement. When the construction contract is brought before the Board for approval,the maintenance costs will be revised if necessary. Packet Page -229- 2/10/2015 16.A.8. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the two attached Easement Agreements and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel Nos. 236RDUE and 419RDUE and authorize the County Manager, or his designee,to record the conveyance instruments in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the transactions; 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreements; and 5. Approve any and all budget amendments required to carry out the collective will of the Board. Prepared by: Michelle L. Sweet,Property Acquisition Specialist,Transportation Engineering Attachments: 1)Easement Agreement Parcel 236RDUE(including Exhibit A legal description/sketch); 2)Easement Agreement Parcel 419RDUE(including Exhibit A legal description/sketch); 3)Property Location Map Parcel 236RDUE; 4)Property Location Map Parcel 419RDUE; 5)Appraisal Summary Parcel 236RDUE; and 6)Appraisal Parcel 419RDUE. Packet Page-230- 2/10/2015 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 236RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East, together with its companion easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 419RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $25,100). Meeting Date: 2/10/2015 Prepared By Name: SweetMichelle Title:Property Acquisition Specialist,Transportation Engineering&Construction Management 12/15/2014 2:28:11 PM Submitted by Title: Property Acquisition Specialist,Transportation Engineering&Construction Management Name: SweetMichelle 12/15/2014 2:28:12 PM Approved By Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administration Date: 12/16/2014 2:07:16 PM Name: TaylorLisa Title:Management/Budget Analyst,Transportation Administration Date: 12/16/2014 2:07:45 PM Name: BoschRobert Title:Right Of Way Coordinator, Transportation Engineering&Construction Management Date: 12/22/2014 3:36:27 PM Packet Page-231- 2/10/2015 16.A.8. Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 12/23/2014 11:06:35 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 1/8/2015 8:53:52 AM Name: ShueGene Title: Director-Operations Support, Transportation Administration Date: 1/20/2015 5:15:39 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 1/27/2015 3:52:54 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 1/30/2015 10:14:23 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/30/2015 11:03:26 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 1/30/2015 4:52:43 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/30/2015 5:27:28 PM Packet Page-232- 2/10/2015 16.A.8. PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 236RDUE FOLIO No(s): 39207080001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this a d day of � 12` , 20 l`" , by and between MARIA GUTIERREZ, a married woman, who has an address at 3421 Golden Gate Boulevard E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non-exclusive road right-of-way, drainage and utility easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $4,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) Packet Page-233- 67;v 2/10/2015 16.A.8. Page 2 extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the Packet Page -234- 2/10/2015 16.A.8. Page 3 construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Packet Page-235- 2/10/2015 16.A.8. Page 4 Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the Packet Page -236- C ` 2/10/2015 16.A.8. Page 5 compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14, Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. Packet Page -237- 2/10/2015 16.A.8. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman AS TO OWNER: DATED: 11 20— -. --Ofkm")1rA. Witness(Signature) MA`I Ax G I EZ :4\ GO LC--- Name (Prin or Type) a r Witness (Signature) �f�r ►TZ ( ( Name (Print or Type) Approved as to form and legality: J Assistant County Attorney Last Revised:6/3/2013 Packet Page-238- 2/10/2015 16.A.8. 1 1 GOLDEN GATE BOULEVARD (CR 876) e 3 123'0D FE Ti 119.00 144-00 12'3CD s :2402 .. 2 f 1 so'/77 ' I ,43' 0 1 7\ . 9.4 PROPOSED ROADWAY EASEMENT I E f IBI i PARCEL 236 RDUE F � 4.515 SO R �� I ,of 1 a 1 I I i I a i • TRACT 96 TRACT 97 TRACT 134 a GOLDEN GATE ESTATES UNIT 48 PLAT BOOK 5 PAGE 78 EAST 105' OF TRACT 97 Y CARBALLEA GRIVALSKY CR 2770/2509 OR 1437/120 CARBALLEA IOR 4486/985 I I r 1 I N 0 I 'I T I 'A` n J E I i SO FT SQUARE FEET -tECM - ROW OR OFFICIAL KLUCRDS (BOOK/PAGE) 3' - I °POPCSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) FEB 0 1 2010 E X SONG ROADWAY EASEMENT DEDICATED TO THE PERPETUAL / A 03E OF THE PUBLIC PER PLAT BOOK 5, PAGE 78 LEGAL DESCRIPTION FOR PARCEL 236 ROME A PORTION OF TRACT 97. GOLDEN GATE ESTATES, UNIT 48 AS RECORDED N PLAT BOOK 5, PACE 78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, PLOP DA, LYING IN SECTION 2, TDWNSH:P 49 SOUTH, RANGE 27 EAST. COLDER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE SOOT- 43 FEET OF THE NORTH 93 FEET OF THE EAST 105 FEET OF SAID TRACT 97 I CONTAINING 4,515 SQUARE FEET, MORE OR LESS 0 40 BD 160 IAACL A WARD.>ROFSSIDNAL SURVEYO0 t MAI'!'ER SKETCH & DESCRIPTION ONLY i_ ilOH2OA krGIS,O4*10N 978-17-82782,6701 NOT A BOUNDARY SURVEY ScALE:l'-B0' $48NNG DM: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS :Vr0010*RLASIER D A3ESS NAL ur+v Y04 OO6 4APE0 § GOLDEN GATE BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i`NIA I`T 1 PARCEL 236 RDUE two woo.Nth OrNe.SWe200 Nep10.FloAO.34109 COLLIER COUNTY, FLORIDA Phone:(m5970575 FAX(239)6870678 LB No 6652 u 1. M 4 ,I(i'il `I.. 'OWtISHIF +?AP;.;.;" 1 ' SCALE 1 DATE DRAWN BY 1 FILE NAME 7 SHEE1 9502�7 00 01 (DC' EV 31 2 49 "' - an' ncr 2009 S 0 L SK 236 1 OF 1 tart Packet Page -239- 2/10/2015 16.A.8. PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 419RDUE FOLIO No(s): 39207080001 EASEMENT AGREEMENT THIS EASEMENT AGRE ENT (hereinafter referred to as the "Agreement") is made and entered into on this 0ZO day of 1 lueit _ , 20 1t , by and between MARIA LILI GUTIERREZ, a married woman, who has an address at 3421 Golden Gate Boulevard E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non-exclusive road right-of-way, drainage and utility easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $21,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) Packet Page-240- 2/10/2015 16.A.8. Page 2 extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the CA Packet Page-241- 2/10/2015 16.A.8. Page 3 construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the ocAc Packet Page -242- 2/10/2015 16.A.8. Page 4 Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the Packet Page-243- 2/10/2015 16.A.8. Page 5 compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. (rte, Packet Page-244- 2/10/2015 16.A.8. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman AS TO OWNER: DATED: ' 2-O '/ —4,.. jil- .. 11, I ` Witnes (Signature) MARIA ILI UTIERREZ . , V. 611. Name (Prinn Type) ,. ) fJJl W ness (Sign `tore) `J hNJ Irzi IA- Name (Print or Type) Approved as to form and legality: i Assistant County Attorney Last Revised:6/3/2013 Packet Page -245- 60 0 2/10/2015 16.A.8. I I I I I I , I , 1 I . EXHIBIT i 1 , Page I a I , 1 ; I , , . 1 . I i . 1 1 , 1 ; 1 [ EAST 75 OF ' I WEST TED CY' TRACT 63 , 1 DIAZ ANEIRO OR 3559/4E5 i MOYERS , 1 OR 4070/2542 OR 3924/1753 ! ! 1 ' 1 I [ , ■ 1 1 1 , 1 TRACT 46 TRACT 63 ' TRACT 64 i . GOLDEN GATE ESTATES 1 UNIT 77 PLAT BOOK 5 PAGE 15 ■ , 1 1 i 1 1 ■ I if.' 1 r I PROPOSED ROADWAY EASEMENT , PARCEL 419 ROUE r \- Fl 1.500 SO . • _ , 11111111111---- I / I ; , 245+00 ! 24L•4:,0 24V+99 4 , 1 248TX '249•il9 .2!-,9,91.1 I -1 4.- GOLDEN GATE BOULEVARD (CR 876) I I I I 1 1 ci7-■ OFFICIAL RECORDS (BOOK/PACE) . ' 1 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) . 1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 419 RDUE A PORTION OF TRACT 63, Ca_DEN GATE ESTATES, UNIT 77 AS RECORDED IN LAT ROOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 23 EAST, COLLIER COUNTY, FLORIDA, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 63. CONTAINING 1,500 SQUARE FEET, MORE OR LESS I iii r f ' 111.111.11— Mil, L, .A.,,.,•00,LI,,Jf....,I,U.V.SISt e 4,-,,,V; SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY sclax r-sce !..Guir:U JAIL: NO1 VeL10 WM-Mtn THE ORIMNAl SIChAl' I WAD ii‘WIV.E0 SLAI 0i FOR: COI__IER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FL oliKIA RFCISTERLo PitoftSS.,Ohua S.;,1,,,,,,.„,4;,,4,..00, GOLDEN GATE BOULEVARD DAATA"... SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CON SAJLTING .1141 llogaccdog A..IL T TA. AI. Suneyin A Mappfre PARCEL 419 RDUE 5410 Willow Park Drive,Smite 200 Neplee.Florida 34109 COLLIER COUNTY, FLORIDA Phone:12391 547-057S FAX:(239)597-0578 LB No:6552 .TOTT4 r:;JViirsTri REVISKA-SEC T:ON TOWNSHIP RANGE I bc,.'AL I, I LAIL DRAWN SY I ILL 19AME SHEET Y317 00.00 0007 5 4 g — -' — ' '2 0 0 8 S n: 0+177 SK419 I OF 1 Packet Page -246- . _.. .„ 2/10/2015 16.A.8. X � L'',-,..fir`• i� L 4-- b x� 4 - P '. t Fe z .t jc f _ �2. .1 i• A - iR 1 T w sf 5 �y p,. Y d 1. ,t kky�� ,p i. �y 4 'p U 1 p A" yf � rr. aw _ - x � Lr.. s ail tE a� - t r ia F :a $. u� ::: a W.�' a 4 S ...%.., I ,. � � �,. 3� """"�° rr� ..wxw�w .,ten ,• �„� � ems,,. '^b.- � s .2- s� „4„,..... n y yµ���m'q� ��[° $ �Q•�1 Gf4TE&-ViR r� v"�q � �1 " � �.,q; �-'w T i:.y���•� .."iii � 'kPic % L,a t ._, , 4 „4 5 ". $ Ie t z tr i.' 'A '.r #t y4 9 �tkar• �, +.. a s t ,' �� �}:fit u ' * ( ` '"., t ' �'�7.,7:,"::.{ * is f Y a, �-iaR *grttyt ? • t t , T zfi• , K°* F 7 .1 7, 1 + YC' ; :..s r '°: r' ! /M ..!7,4`f-,:,,,,,,f,,,,,q„ -i 6 t$ {' "' y'_�a9MsCauntb�zudrasi.N� �`.L< �a �'-7" , r �!'s wd� �=?a�����`�"., * „=.ss �_ . s .kt;;^:,w'. it. 1, XL '' I U d � � F e-247- Packet Pag 2/10/2015 16.A.8. MAP LEGEND Street Nantes Parcels Subdivisions Aerials 2014{6 inch UrbanJ Aerials 2014 12 pEE' J Building Footprints Collier County Folio Number: 40685080007 Name: GUTIERREZ, MARIA LILI Street# & Name: 3421 GOLDEN GATE BLVD E Legal Description: GOLDEN GATE EST UNIT 77 E 75FT OF W 180FT OF TR 63 Packet Page-248- 2/10/2015 16.A.8. rG �trre.:'f ,'c g. .. ." -r x }n ! u a s bs� '; 'P r 1k �R} Y `t t- i x� y ? '7.;;Y.,;;:-•::-;:.,',...;::;-:4'',.;0,.;-''''!', a� c £s .'' { re J mss;' 'i t Y F ':::; ,. T Y d -f r 1 r � : "a 4 '� ,d n x � 1'' v,.t , ; 5. d ` i t d fi Y : '4 k it • _ b`t � Y h� f: ∎; - 9` i',' , - r$a W n Y ''n' ''''';; 14,:',11 .r t l" i'` -" ;as - s 4 � �� c r � �' # s�a u. zm t ¢rk + x r ti m x wtil t fi. -; � k. .✓ . 4a �s .s, £¢g"de a - '14%,.:4;'- ';,:i,:::7,,,;;1', s� Jr< � .,,,H 7 s i * .r SS;�} � i` J, � `4,1 # � 1 r c �ky ' a + 1 ,z;,•'::::;;;)::. w " ' i�` 4 „. : � ' f �" ' 7,i �a �' : r . r : j �,+ � I'- .c,F t J ..'1'''''''c',4 „,z ° ” t"P $ t ' J G i { M g ...y ? r"i X45 4�it, '. N� t'Fs .Cirliwr u ..'t,;;e sa t n a1te &t y" nC ; s ,* 3 Packet Page-249- 2/10/2015 16.A.8. MAP LEGEND Street Names Parcels Subdivisions Aerials 2009 16 inch Urban1 Aerials 200912 FEETj building Footprints go Collier County Folio Number: 40685080007 Name: DIAZ, RAUL Street# & Name: 3421 GOLDEN GATE BLVD E Legal Description: GOLDEN GATE EST UNIT 77 E 75FT OF W 180FT OF TR 63 Packet Page -250- 2/10/2015 16.A.8. APPRAISAL REPORT REAL ESTATE APPRAISAL Of Golden Gate Blvd.E. Widening r----1 . .. 10, 1 I 1 if 4.1 f.1r4 4 r-4 . , 'IrlPe'd'h 1490 Golden Gate Blvd. E.,Naples, Collier County,FL, 34120 As of March 20, 2014 Prepared For Mr. Harry Henderson, SRA Collier County Growth Management Division C&M 2885 S. Horseshoe Drive. Naples,FL 34108 Parcel: 236 RDUE Prepared by WpclitiPc. ii. Thomas A. Tippett, MAI File Name: 14 009 236 Packet Page-251- 2/10/2015 16.A.8. '.. . I'i I1ll1ft'iL, Inc, 1061 Collier Center Way#3 239-405-8551 xl Naples Fax:239-405-8547 FL,341 10 tom @tatippett.com April 3, 2014 Mr. Harry Henderson, SRA Collier County Growth Management Division C&M 2885 S. Horseshoe Drive. Naples, FL 34108 Re: Appraisal Report, Real Estate Appraisal Golden Gate Blvd. E. Widening 1490 Golden Gate Blvd. E.,Naples, Collier County, FL, 34120 File Name: 14 009 236 Dear Mr. Henderson: At your request, I have prepared an appraisal for the above referenced property, which may be briefly described as follows:The property appraised is a single family site with house. Please reference page 17 of this report for important information regarding the scope of research and analysis for this appraisal, including property identification, inspection, highest and best use analysis, and valuation methodology. The appraisal is intended to conform with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. I confirm that I am competent to perform this appraisal and adhere to the competency provision within USPAP. I certify that I have no present or contemplated future interest in the property beyond this estimate of value. Your attention is directed to the Limiting Conditions and Assumptions section of this report (page 12). Acceptance of this report constitutes an agreement with these conditions and assumptions Packet Page -252- 2/10/2015 16.A.8. Mr. Henderson Collier County Growth Management Division C&M April 3, 2014 Page 2 In particular, I note the following: Hypothetical Conditions: • A hypothetical condition of this appraisal is the proposed acquisition and the proposed roadway improvements have been completed. Extraordinary Assumptions: • An environment assessment report has not been provided to the appraiser. It is an extraordinary assumption that there are no environment conditions that would negatively impact the property value. • It is assumed that the interior condition of the subject property is consistent with the exterior condition as observed and that the information concerning the interior condition as provided by the assessor's records and the multiple listing services(if available) is accurate. Based on the appraisal described in the accompanying report,subject to the Limiting Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions (if any), I have made the following value conclusion(s). The As Is market value of the Fee Simple estate of the property taken, including damages and special benefits, as of March 20, 2014, is: SUMMARY OF THE JUST COMPENSATION ESTIMATE Value of the Land and Property Rights Taken: $1,000 Value of the Improvements Taken: $2,300 Severance Damages: $0 Net Cost to Cure: $0 Special Benefits: SO Total Amount Due Owner: $3,300 If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, T.A. Tippett, Inc. F Thomas A. Tippett, MAI State-certified general real estate appraiser RZ#1669 tom @tat i ppett.com Packet Page-253- 2/10/2015 16.A.8. Goodkind&Swift,Inc (Main File No 415 GGB RESTRICTED USE APPRAISAL REPORT File No.: 419RDUE ProDe Address: 3421 Golden Gate Blvd E Ci :Naples Stale:FL Zip Code:34120 County: Collier Legal Description: Parent Tract:Golden Gate Estates Unit 77 E 75ft of W 180ft of Tract 63 Parcel 419RDUE:Tne N 20ft of the S 70ft of the E75ft of the W180 of said Tract 63.(containing 1.500 sf).Parcel 419RDUE is a proposed ROW .arcel needed for the futute widening of Golden Gate Blvd E. V Assessor's Parcel#: 40685080007 Tar Year:2013 R.E.Taxes:5 1.116 Sseciaf Assessments:$ 0 l Markel Area Name: GGE-outl in. Mao Reference: S5-T49-R28 Census Tract: 104.12 = Current Owner of Record: Gutierrez,Maria Lill Borrower(it applicable): N/A ua Protect Type it applicable): PUD F De Minimis PUD rl Other(descdbel HOA:$N/A i•r year ;per month Are there any existing improvements to the property? ❑No [XJ Yes If Yes,indicate current occupancy: Z Owner Li Tenant Li Vacant Li Not habitable If Yes,give a briel descnption: The subject parent tract is improved with a single-family home built in 2002.The home has a gross living area of 1236 St and a 6-3-2 room count plus screen enclosed patio.No garage.Site improvements are limited to a mostly gravel driveway and landscaoin.typical for the area. The r noose 01 this appraisal is to develos an pnnien el: I Market Value(as defined,or .I other e of value(describe Compensation for ROW parcel This resort reflects the following value if not Current,see comments: ■Current the Inssection Date is the Effective Date Retrosi dive Fl Promotive • Property Rights Appraised: /. Fee Simple I I Leasehold I I Leased Fee L Other(describe) 2 Intended Use: Estimate full compensation due to prooeYly owner wnioh results due to Collier County's proposed acquistaon of parcel 419RDUE. C7 • Intended User(s)(by name or type): Collier County Gov.Growth Management Division,ROW section N Client: Collier Count Goverment Address: 2885 S.Horseshoe Dr,Na lee,FL 34104 Appraiser: Har Henderson,SRA Address: 2885 S.Horseshoe Dr,Naples.FL 34104 Characteristics Predominant One-Unit Housing Present Land Use Change in Land Use Location: ❑Urban ®Suburban ❑Rural Occupancy PRICE AGE One-Unit 65% ❑Not Likely Built up: Li Over 75% XI 25-75% ❑Under 25% Z Owner $(000) (yrs) 2-4 Unit % ®Likely" ❑In Process• Growth rate: ❑Rapid Z Stable ❑Slow ❑Tenant 130 Low 1 Multi-Unit % "To: residential from Property values: Z Increasing ❑Stable Li Declining ®Vacant(0-5%) 285 lush 40 Comm'I % vacant Demand/supply: ❑Shortage ®In Balance ❑Deer Supply ❑Vacant(>5%) 175 Pred 20 Vacant 35% Marketing time: 77 Under 3 Mos. 3-6 Mos_ Ti Over 6 Mos. % Factors Affecting Marketability • Item Good Average Fair Poor N/A (tern Good Average Fair Poor N/A CL Employment Stability Li Li ❑ Li ❑ Adequacy of Utilities ❑ L: ❑ ❑ ❑ y Convenience to Employment ❑ Li ❑ ❑ ❑ Property Compatibility ❑ Li ❑ '❑ ❑ w Convenience to Shopping ❑ Li ❑ ❑ ❑ Protection from Delnmental Conditions ❑ ® ❑ ❑ ❑ G-Convenience to Schools ❑ Li ❑ ❑ ❑ Police and Fire Protection ❑ ® E E O w Adequacy or Public Transportation ❑ ® ❑ ❑ ❑ General Appearance of Properties ❑ Li ❑ ❑ ❑ cr Recreational Facilities I rl n Appeal to Market NIP • Market Area Comments: The subject is located on the north side of Golden Gate Blvd,east of Everglades Blvd.in the outlying Golden Gate Estates area of greater Naples(unincorporated Collier County).This is a semi-rural residential area composed of acreage homesites(1.14 4 acres to 5 acres typical).Essential services are within reasonable driving distance.Maintenance levels in the area range from average to good. Golden Gate Boulevard is a relatively heavily traveled two lane roadway.This roadway is a primary linkage between outlying Golden Gate Estates neighborhoods and burl-up areas of"urbanized"Naples to the west. I Dimensions: 75 x 680 Site Area: 1.17 Acres Zoning Classification: E-Estates Description: Residential:Smote-family(minimum or size 2.25 acres) Pc present improvements comply with ensiinq zoning requirements? ❑Yes ®No ❑No Improvements Uses allowed under current zoning' The subject site is a buidable non-conforming tot of record.Current Improvements can be re-buitt by right. Are CC&Rs applicable? ❑Yes No ❑Unknown Have the documents been reviewed? ❑'Yes ❑No Ground Rent(if applicable) $ Comments: N/A Highest&Best Use as improved XI Present use.or Li Other use(explain) Actual Use as or Elective Date: Single-family home Use as appraised in This report Single-fermi home Summary of Highest&Best Use: The highest and best use of the subject property,if vacant would he for 1 single-family home.The exist;no Qimprovements reflect the current highest and best use of the subject property. b • Utilities Public Other Provider/Descnption Off-site Improvements Type Public Private Frontage 75 ft • Electricity © ❑ Street Paved Li Li Topography Level-treed,cart cleared la Gas Li ❑ Width Size Corn.atible with area Water ❑ well Surface Shape Rectangular Sanitary Sewer ❑ Z septic tank CurbiGuttef None ❑ ❑ Drainage Ade.uate Storm Sewer ❑ Sidewalk None ❑ ❑ View Natural Telephone Li ❑ Street Lights Electric Li ❑ Multimedia �7 Alle- None n Other site elements: N Inside Lot r I Comer Lot ! t t Cul de Sac I I Underground Utilities LI Other(describe) FEMA Soec't Flood Hazard Area t._1 Yes No FEMA Flood Zone FEMA Map# FEMA Map Date Site Comments: Tne subiect site is compatible with neighborhood norms.Note that the subject site fronts busy Golden Gate Blvd:traffic is relatively heave on Golden Gate Blvd and traffic noise is audible from the subiect dwelling.The subject home is currently situated approximately 99 feet north of the existing GGB ROW line(see comments in addendum). GP LAND :,i o situ 4r r ot,UC Thu fa ^i3 ce iernsncceu writ 1 onus'x penrocire_no wevnf,a la mode.cc must at ackno`wledged and trenton Form GPWD—'WinTOTAL"appraisal software by a la mode.inc t-800-ALAMODE 3'2007 Packet Page-254- �tAan File fdo 419: 2/10/2015 16.A.8. GGB RESTRICTED USE APPRAISAL REPORT rile No.: 4":9RDUE My research y did LI did not reveal any poor sales or transfers of the subject property for the three years prior to the enectwe date of this appraisal. > '.. Data So c(s) Public Records O tst Poor Subject SaleTran ter _ _ Analysis of sale/transfer history and'or any current agreement of sale!listing Pno sale for subiect appears to be a — ea Date. 7/13/12 market transaction. 2 Price: 92,000 us Soureets):Public Records to 2nd Prior Subject Satuiransfer 4 Date: tt Price: SovrceisI FEATURE I SUBJECT PROPERTY I COMPARABLE NO.1 COMPARABLE ND.2 COMPARABLE NU.3 Address 3421 Golden Gate Blvd E 1730 Golden Gate Blvd E 3440 Randall Bind 1260 8th St NE Naples.FL 34120 Naples.FL 34120 Naples.FL 34120 Naples.FL 34120 Proximity to Subject 2,08 miles W 3.22 miles N 3.53 moos NW Sale Price S S 17.500 $ 15.000 S 17,000 Price Acre S S 14,957.26, S 12,820.51 $ 14.912,28 Data Source(s) MLS#214035186 MLS#214019785 MLS#21 4007 1 9 1 Verification Source(s) Public Records Public Records Public Records VALUE ADJUSTMENT DESCRIPTION DESCRIPTION +(.15 Agog DESCRIPTION +I.1 5 Aduua DESCRIPTION t +pi S Anrcrst Sales or Ftaancing Cash Cash Cash ✓s Concessions •c Date of Sale-Time 08/14 7/14 7/14 z Rights Aooraised Fee Simple Fee Simple Fee Simple Fee Simple it LOCation GGE-ThruSt GGE-Th*uSt GGE-ThruSt I GGE-SideSt I ZSite Area fin Acres( 1.17 acres 1.17 acres 1.17 acres I 1,14 acres O• T000nraohy Natural Natural Natural Natural er na. .. M 0 v J W Net Adjustment(Total m SJ + I - IS ,+ - - is '+ f 1 - $ W H Adiusted Sal:Noe en SI S 17.500 S 15.000 5 17,000 Summary of Sales Comparison Approach See attached addenda. I PROJECT INFORMATION FOR PUDs(if applicable) , I lire Su:hicct as son a;a Piamee tMi1 Development. e Legal Name of Protect: o Descnbe common cements and recreational tacit ties. N/A O. I Indicated Value by:Sales Comparison Approach S (see below) Final Reconciliation The subject property an improved"has an appraised value in the before condition of$158,000.Tne land has an appraised , Z value of$17,000.The contributory value of improvements are estimated at 5141,000. Q This appraisal is made Li"as is".or Z subject to the following conditions: This appraisal is perm used for estimat nr total compensation for eminent 3 domain purposes(partial take).The proposed take as a hypothetical condition of this aoprersal.The Estimate of Full Compensation for the 2 proposed auras so on of parcel 419RDUE is 518.400{see anaiysrs in adoendum). O 1 This report is also subiect to other Ryroothetical Conditions and'or Es'raordinary Assumpi,'ens as speeded in the attached addenda w Based upon an inspection of the subject property,defined Scope of Work,Statement of Assumptions and Limiting Conditions,and Appraiser's Certifications, x my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: S 18,400 ,asof: 10/29/2014 ,which is the effective date of this appraisal. If indicated above.this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda. 2 A True and complete copy or this report contains_pages. including exhibits whicn are consicesed an integral.pan a'.Inc report.This appraisal report may not be ap contained p p the following attached exhibits. ❑Scope of Work properly understood vi'heut reterense to the information contained in the complete re o1. which contains i„ 71 Limiting Cond,Certuicatians E Narrative Addendum Photograph Addenda iI Sketch Addendum ❑Map Addenda 'd 7 AOdif.nnal Sates 7 Con'Addenda' 7,Finned Addeedir ,Maid House Addendum r- hvoceeelmal Cand'irvins Client Contact Caant Name: Collier County Goverment E-Mail: Address 2885 S Horseshoe Dr.Nap-en FL 34104. APPRAISER rl (SUPERVISORY APPRAISER(if required) I or CO-APPRAISER(If applicable) ,,--,"—... e , rn Super:nor;or W Apt-ai'-er Name' Harry Henderson.SRA Ce.Appraiser turn Company Collier County Gov/Growth Management Division-ROW Company z Phone: 239-252-5847 Fax. 'Pnore Fax O E-Mail: harrvhendersonmcolliergov.net E-Mail: in Date of Report(Signature): 11/03/2014 'Date of Report(Signature): License or Certiticalion#: RD3475 Slate: FL !License or Celilication# State: Designation: SRA i Designation: Expiraton Date of License or Certificalicn: 11130/2016 Expiration Date of License or Certification: T Inspection of Subject: Z Did Inspect Did Nat leSpecl(Desk,opi Inspection of Subject: ❑Did Inspect ❑Did Not Inspect Date of Inspection: 10/2912014 Date of Inspection:. GP LAND x,,ni tn.in a to-an CC ma rim may be repoeuceee unmoomea wmoul writer permission,noweve,a to mope,e c must be acenovneegee arc 3/2007 Form GPLND—"WrnTOTAL"appraisal software by a la mode Inc.—1-800-ALAMODE Packet Page-255- Main File No.4191 2/10/2015 16.A.8. Supplemental Addendum Fl^to 419RDUE Borrozer.�Cllest NIA Pruett'',AddTsS 3421 Golden Gate Blvd E CIy Nantes County Collier State FL ZipUete 34120 Lender •GP Land:Summary of Sales Comparison Approach All land sales cited involve 75ft-wide non-confirming lots located in the outlying GGE area.Comps#1 and 2 are located on relatively busy 2 lane through streets like the subject while comp#3 is located on a side street.Topographical characteristics are similar for subject and comps.All factors considered,a land value of$17,000 is judged to be reasonable for the subject site. The subject has a gross size of 1.17 acres;the appraised value of$17,000 therefore reflects a unit price($/ac)of$14,500/acre (rounded). Appraisal of the subject property"as improved" Improvements on the subject site include a single-family home built in 2002.This home has a gross living area under air of 1236 sf which consists of LR,DR,Kitchen,3BR and 2 Full Baths.House improvements also include a screen enclosed patio to the rear.This property does not have a garage.The overall condition of the dwelling is judged to be above average.Contruction materials and quality/finish are judged to be average.Site improvements are limited to gravel driveway,yard plantings and minor fencing.A Sales Comparison Analysis is used to estimate the value of the subject property in the before condition"as improved": 1.3161 Golden Gate Blvd E,Naples,FL Sale Price:$150.000 Sale Date:6/14 This property consists of a 1196 sf home on 1.17 acres.It has a 6-3-2 room count plus a 1 car garage and rear lanai.Its condition is judged to be average. 2.1920 Everglades Blvd N,Naples,FL Sale Price:$170,000 Sale Date:8/14 This property consists of a 1242 sf home on 1.14 acres,It has a 6-3-2 room count plus a 2 car garage and rear lanai.Its condition is judged to be above average. 3.3560 22nd Ave NE,Naples,FL Sale Price:$147,500 Sale Date:7/14 This property consists of a 1280 sf home on 1.14 acres.It has a 6-3-2 room count plus a 2 car garage and a rear lanai.Its condition is judged to be in average condition. All factors considered(in a qualatative manner)the subject property's appraised value is estimated to be$158,000. Valuation of the part taken The proposed ROW parcel 419RDUE(20 x 75 strip along the existing GGB frontage)has an area of 1500 sf or.0344 acres. The proposed easement encumbers virtually all of the fee simple interest,a 99%encumbrance factor is therfore applied in the land compensation calculation.Thus,$14,500/ac(unit price)x 99%x.0344 acres=$500(rounded). Site improvements located in the proposed acquisition area include sod,a section of gravel driveway and a cluster of small tree plantings.Lawn irrigation piping and sprinkler heads will also likely be impacted by this acquisition.$4200 is an inclusive estimate of the contributory value of these items"as is";this figure also includes any costs necessary for lawn irrigation re-configuration(estimated at$200). Damage Calculations As previously noted,the front of the subject dwelling is located approximately 99 ft off of the existing GGB ROW line.This distance exceeds zoning requirements of a 75ft setback and is very close to neighborhood norms of an approximately 100 ft front yard setback typically found in this area.In the post-take condition the subject dwelling will have a front yard setback of approximately 79 feet;while this still exceeds zoning requirements it is now below neighborhood norms.As such roadway traffic impacts to the dwelling are increased(noise,vibrations).This type of negative impact which results from the proposed take is a damage to the building improvements.Proximity studies relating to reduced front yard conditions in the outlying GGE area have been conducted by appraiser Alan Wilcox,MAI(Wilcox.Appraisal Services).These studies indicate a damage to the improvements in this situation of between 5-10%.A damage figure of 10%is utilized here(giving property owner the benefit of the doubt). As shown above,the total value of the subject property has been estimated at$158,000.The subject's land value has been estimated to be$17,000;the difference indicates a contributory value attributable to the improvements of$141,000.A damage factor of 10%is applied to these improvments(net of the$4000 worth of improvements paid for in the take). $137,000 x 10%=$13,700 Compensation Due to Owner,Parcel 419RDUE Land:$500 Improvements(inclusive of minor cure);$4,200 Damages:$13,700 Total Compensation:$18,400 Form TADD—'WinTOTAL`appraisal software by a is mode.inc,—1-800-ALAMODE Packet Page-256- 2/10/2015 16.A.8. ■`"tam ale rac 419;,1, .,,nor,-N Location Map torrowedCIent N/A Prooerty Address 3421 Golden Gate Slid E Lily Naples County Collier State FL Zio Code 34120 Lender Z z a la mode, Inc' I Stith A.NE sro Z 50th Avr NE 27th Ae NE 4hh Art NE 4501 Avr NE 2 tt Caa v_L i — at WeN Rd mil asa jj 00Well t Rd Orangetree Randall Blvd Y a!I Ba•d 0 7411 Avr NE ve NE Crmspxrable 41 3 Comparable*2 R 7otn Ave N W 32607 8th St NE 3440 Randall Blvd 3:53 n#ilee N W 3:22 miles N 'ht1.Ave NC m i 2 2 — 2 l'J:h awn. P subject 3431 Gulden Gate Blvd E - Gorden Gas.Blvd E Bw Cv n.e:s.tn Gs-darn Coon avn Eran•Warn s h,l, Comparable#1 1.730(d*lden Gate Blvd E , e 2.011 Engles W r. a r 7x44 am A.$E P 24th Ave SE 26th Ave SE s x 645 Ava SE 1.5 mileo R�► n rrar'.s�• Form MAP.LOC—"WInTOTAL"aooraisal software by a la mode,no —1-800-ALAMODE Packet Page-257- 2/10/2015 16.A.8. Main File No 41g___ __ _ GGB File No.419RDUE DEFINITION OF MARKET VALUE: The most probable puce which a property should bring in a competilive 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 dale and the passing of Idle 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 lime 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. (Source: FDIC Interagency Appraisal and Evaluation Guidelines, October 27, 1994.) *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments arc necessary for those costs which are normally paid by sellers as a resat 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 insteutional lender that is not already invoked in the properly 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 appraisers judgement, STATEMENT OF LIMITING CONDITIONS AND 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 he 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 title. The property is valued on the basis of it being under responsible ownership. 2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the property The appraiser has made no survey of the property 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the properly in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization. These separate valuations of the land and improvements must not be used in conjunclion with any other appraisal and are invalid if they are so used, 5 The appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous waste, 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 wilt 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. This appraisal report must not be considered an environmental assessment of the subject property. 6. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report Imm sources that he or she considers to be reliable and believes fnem to be true and correct The appraiser does not assume responsibility for the accuracy of such items that were furnished by ether parties. 7 The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. and any applicable federal, slate or local laws, 8. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal Thai is subject to satisfactory completion, repairs. or alterations on the assumption that completion of the improvements wdl be performed in e workmanlike manner. 9. The appraiser must provide his or her prior written consent before the ienderlcdent specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraisers 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 ifs successors and assigns; the mortgage insurer; consultants; professional appraisal organizations, any state or federally approved financial institution; or any department, agency, or instrumentally of the United Stales or any state or the District of Columbia;except that the lendericlienl may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraisers 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. 10. The appraiser is not an employee of The company or individualis)ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resetting from the analysis, opinions, conclusions, or the use of this report- This assignment is not based on a required minimum,specific valuation,e•the approval of a loan Page 1 of 2 Form ACR2—°vVinTOTAte appraisal software by a fa mode,inc.—1-600-ALAMDDE Packet Page-258- 2/10/2015 16.A.8. Mar+F,te No.419,zv.,,,,v,,,nN, GGB File No.419RDUE CERTIFICATION: The appraiser certifies and agrees that: 1. The statements of fact contained in this report are true and correct. 2. 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. 3. Unless othewise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal Interest interest with respect to the parties involved. 4. Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predete nined results. 7. My compensation to 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 resuti, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. 9. Unless otherwise indicated, I have made a personal inspection of the intenor and exterior areas of the property that is the subject of this report, and the exteriors of all properties listed as comparables. 10. Unless otherwise indicated, no one provided significant real property appraisal assistance to the persons) signing this certification (d there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). ADDRESS OF PROPERTY ANALYZED: 3421 Golden Gate Blvd ENaples,.FL 34120 APPRAISER: fC F SUPERVISORY or CO-APPRAISER (if applicable): Signature: e Y ``-- •'- Signature: Name: Harry Henderson,SRA Name: Idle: SRA Title: State Certification#: State Certification# or State License#: RD3475 or State License#: State: FL Expiration Date at Certification or License: 11130/2016 State: _ Expiration Dale of Certification or license: Dale Signed: 11/03/2014 Date Signed: IT Did 7 Did Not Inspect Property Page 2of2 Form ACR2—'WinTOTAL"appraisal software by a la mode,inc.—1.800-ALAMODE Packet Page-259-