Agenda 12/11/2012 Item #16A2212/11/2012 Item 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve the purchase of easements required for the four - laning of
Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No.
60040 (Fiscal Impact: $14,400).
OBJECTIVE: To obtain approval of the Board of County Commissioners (Board) to purchase
a Road Right -of -Way, Drainage and Utility Easement (hereinafter referred to as "RDUE ")
required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto
Boulevard and a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE ")
to facilitate a smooth transition from the new edge of pavement to the owners' driveway.
CONSIDERATIONS: The required RDUE is needed along the southern property line of the
East 150 feet of Tract 54, Golden Gate Estates, Unit 78, and contains a total of 4,350 square feet
(.10 acres). Using the most recent comparative sales data, the Division of Transportation's
Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the RDUE area using an
estimated unit price of $6,000.00 an acre. His estimated current market value of the RDUE is
$600.00; however, combined with an aggregate contributory value of $6,300.00 (for site
improvements currently located within the proposed RDUE that include but are not limited to
fencing, lighting, landscaping and irrigation) and a Cost to Cure in the amount of $7,000.00 (to
move the gate and electronic gate controller deeper into the property, together with extension of
the fence and reconfiguration of the light fixtures and wiring), the total appraised compensation
estimate for the proposed RDUE is $13,900.00.
The required TDRE, containing a total of 300 square feet (.006 acres), is needed to construct a
smooth transition from the road right -of -way to the owners' property.
Several years ago the Collier County Transportation Division invited the owners, Roberto
Pantaleon and Nayvi Fernandez Pantaleon, to discuss the sale of the required easements to the
County and, through continued negotiations, the owners have agreed to sell the required
easements to Collier County for the purchase price of $13,900.00. A nominal consideration of
$10.00 for the TDRE is included in this purchase price.
Staff is recommending that the Board purchase the required easements from Mr. and Mrs.
Pantaleon for the purchase price of $13,900.00.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $14,400.00 and includes
the $13,900.00 negotiated purchase price; a title search fee, a title insurance premium, lender
subordination fees, and recording fees not to exceed $500.00. Source of funds is road impact
fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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12/11/2012 Item 16.A.22.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. - JW
RECOMMENDATION: That the Board approve the attached Easement Agreement and
authorize its Chairman to execute same on behalf of the Board, accept the conveyance of Parcels
482RDUEA and 482TDREA and authorize the County Manager or his designee to record same
in the public records of Collier County, Florida, authorize the payment of all costs and expenses
necessary to close the transaction, 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 Agreement; and authorize any and all budget amendments required to carry out
the collective will of the Board.
Prepared by: Deborah Farris, Sr. Property Acquisition Specialist, Right -of -Way
Acquisitions, Transportation Engineering Services, Growth Management Division
Attachments: (1) Easement Agreement (complete with Exhibit "A "), (2) Location Map,
(3) Appraisal
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12/11/2012 Item 16.A.22.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22.
Item Summary: Recommendation to approve the purchase of easements required for the
four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard.
Project No. 60040 (Fiscal Impact: $14,400).
Meeting Date: 12/11/2012
Prepared By
Name: FarrisDeborah
Title: VALUE MISSING
11/2/2012 10:37:54 AM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/2/2012 11:18:21 AM
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 11/5/2012 10:25:35 AM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 11/7/2012 4:16:12 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/8/2012 2:52:12 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 11/8/2012 3:29:04 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 11/8/2012 3:37:46 PM
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Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/8/2012 4:17:31 PM
Name: ShueGene
Date: 11/9/2012 9:26:02 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/14/2012 9:23:13 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/29/2012 8:01:00 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/29/2012 3:42:28 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/30/2012 5:11:19 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 2:49:20 PM
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12/11/2012 Item 16.A.22.
12/11/2012 Item 16.A.22.
PROJE CT: Golden Gate Boulevard #60040
PARCEL No(s): 482RDUEA & 482TDDA15A
FOLIO No(s): Portion of 40744240005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 20_, by and between
ROBERTO PANTALEON and NAYVI FERNANDEZ PANTALEON, his wife, whose
mailing address is 4189 Golden Gate Blvd East, 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 and a Temporary Driveway Restoration 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 "Easements "); and
WHEREAS, Owner desires to convey the Easements 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
Easements.
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 Easements to County for the sum of:
$13,900.00
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 Easements conveyed, including 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, electric gate, fencing and
other improvements, and the cost to cut and cap irrigation lines extending into the
Easements, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Easements 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 Easements, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easements 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 ")
nitial
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12/11/2012 Item 16.A.22.
Page 2
(a) Road Right -Of -Way, Drainage and Utility Easement;
(b) Temporary Driveway Restoration Easement;
(c) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easements;
(d) Closing Statement;
(e) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit;
(f) W -9 Form; and
(g) 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 execution of this Agreement or within thirty (30)
days of County's receipt of all Closing Documents, whichever is 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 Seller."
5. Owner agrees to relocate any existing irrigation system, electric gate and fencing
located on the Easements including irrigation lines, electrical wiring and sprinkler
valves, etc., prior to the construction of the project without any further notification
from County. Owner assumes full responsibility for the relocation of the irrigation
system, electric gate and fencing on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the
irrigation system, electric gate and fencing in the event owner fails to relocate the
irrigation system, electric gate and fencing prior to construction of the project.
If Owner elects to retain improvements and /or landscaping ( "Improvements ") located
on the Easements, Owner is responsible for their retrieval prior to the construction of
the project without any further notification from County. Owner acknowledges that
County has compensated Owner for the value of the improvements and yet County is
willing to permit Owner to salvage the 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 Easements 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:
W
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, to enter into and to execute this Agreement, to
execute, deliver and perform his/her 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.
Initial
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12/11/2012 Item 16.A.22.
Page 3
(b) County's acceptance of the Easements 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
Easements 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 Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, 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 Easements.
(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 Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements 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 Owners representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easements 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
Easements and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easements or its intended use by County.
(h) The property underlying the Easements, 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 Easements
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 Easements to be sold to County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easements; b) any existing or
threatened environmental lien against the property underlying the
Easements; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on
the property underlying the Easements. 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 Owners
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
Initial
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12/11/2012 Item 16.A.22.
Page 4
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
Easements; 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
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 Easements 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 Easements before the Easements held in such
capacity are 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 Easements, or any interest in the property underlying the
Easements, 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.
i
Initial
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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12/11/2012 Item 16.A.22.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: IV � C Z is r�
W'rtness (Signature)
(GEC- (
Name (Print or Ty e)
f %w✓
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name rint or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
I
�/Sistant County Attorney
Last Revised: 04/20/2012
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
0BERT ALE ON
Oil I'M' Uj-)
N RNANDEZ PAT LEON
Packet Page -2350-
.12/11/2012 Item 16.A.22.
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CARLSON & PALOS S
S OR 1733/2144
SNELLGROSE PANTALEON & PANTALEON
OR 2839/2747 OR 3946/3683 moT-A
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Pap°= 01.21
EAST 150' OF TRA T 55
8 TRACT 54
TRACT 54
p GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
8
i PROPOSED ROADWAY EASEMENT
PARCEL 482 RDUEA
4.350 SO. Fr.
r�
29'
297 +0D 2 V+111'ell+z 300 +00 1 311+00 302 +00
GOLDEN GATE BOULEVARD (CR 876)
S0, FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) 7EO4 _ ROW
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16 FS 0 ' 2W
LEGAL DESCRIPTION FOR PARCEL 482 RDUEA
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RFCOROS OF COI I IFR COUNTY. FLORIDA. LYING IN SECTION 4. TOWNSHIP 49 SOUTH, RANGE 28 EAST, . COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE EAST 150 FEET OF SAID TRACT 4.
CONTAINING 4,350 SQUARE FEET, MORE OR LESS.
0 40 so 18o e.: /Iff
A. +weo sNo. 53rt r wPP6x
SKETCH &DESCRIPTION ONLY FLD9a A. Wl na+ ra. sbf
NOT A BOUNDARY SURVEY SCALE: 1'- 80'"""0 °NTE !J
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �°�DA AMST MM P [ YAPPER. s� a AND
GOLDEN GATE BOULEVARD no"m
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i tiL'i't�i s:A Ios�i6,
PARCEL 482A RDUE 6610 WiW Pnk Dow, Suke 2DO
COLLIER COUNTY, FLORIDA Ph—RM3974 �s FAXAR)sw-om
LB No.: 6952
JOB NUMBER REVISIOT--
SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 D001 REV 01 04 49 �R = Rn' nFr 2009 S.R. SK 482A 1 OF 1
Packet Page -2351-
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12/11/2012 Item 16.A.22.
CARLSON & PALOS
OR 1733/2144
SNELLGROSE I PANTALEON & PANTALEON
OR 2839/2747 OR 3946/3683
EAST 150' OF
TRACT 54
TRACT 54
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
WEST LINE OF
EAST 150' OF
TRACT 54-,
POINT OF I L4
BEGINNING I
SOUTH LINE OF F,+I�/,
TRACT 54
POINT OF COMMENCEMENT ?95 +00 296 +0 297 +00 L1
Pap =—
TRACT 55
N
W E
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PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
PARCEL 482 TDREA
300 S0. 7.
LS
(NORTH LINE OF
SOUTH 79 OF
TRACT 541
GOLDEN GATE BOULEVARD (CR 876)
SO, FT. SQUARE FEET L1 N89'30'51 "E 179.84'
OR OFFICIAL RECORDS (BOOK /PAGE) L2 NOO'29'09 "W 79.00'
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) L3 N89'30'51 "E 61.73'
L4 N00'29'09 "W 15.00'
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L5 N89.30'51 "E 20.00'
®EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 500'29'09 "E 15.00'
USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 16 L7 S89'30'S1 "W 20.00'
LEGAL DESCRIPTION FOR PARCEL 482 TDREA
A PORTION OF TRACT 54, GOLDEN GATE ESTATES. UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER SAID TRACT 54;
THENCE N.89'30'51 "E., ALONG THE SOUTH LINE OF SAID TRACT 54, FOR 179.84 FEET TO A POINT ON THE WEST
LINE OF THE EAST 150 FEET OF SAID TRACT 54;
THENCE N.00'29'09 "W., ALONG SAID WEST LINE, FOR 79.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 79
FEET OF SAID TRACT 54;
THENCE N.89'30'51 "E., ALONG SAID NORTH LINE, FOR 61.73 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL; TECM — ROW
THENCE N.00'29'09 "W., FOR 15.00 FEET; O' 201
THENCE N.89'30'51 "E., FOR 20.00 FEET; FS THENCE S.0929'09 "E., FOR 15.00 FEET TO A POINT ON SAID NORTH LINE;
THENCE S.89'30'51 "W.. ALONG SAID NORTH LINE, FOR 20.00 FEET TO THE POINT OF Bq4NNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 300 SQUARE FEET, MORE OR LESS.
0 40 so 160 BY.
SKETCH & DESCRIPTION ONLY wN+o. SURV oa t UNIPS
nanw �astMnor+, . 001
NOT A BOUNDARY SURVEY scale: 1"-80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A�w � �E OR � m of AND
GOLDEN GATE BOULEVARD DIX A
SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY i ;Ltl�r rr j t ft
PARCEL 482A TDRE RESTORATION EASEMENT ssiowuwr.toira,sw.zoo
COLLIER COUNTY, FLORIDA N'p7 '575 F X- °
iwons: (�I sc�-0srs cuc: (2�1 =7-WS
LB No.:S M2
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET
050217.00.01 0001 REV 01 04 49 oa r an' ncr 2009 S.D.L. SK 4B2ATDRE 1 OF 1
Packet Page -2352-
12/11/2012 Item 16.A.22.
LAND APPRAISAL REPORT a cGB 60040 V
o..-nno..oni is
Borrower Owner. Pantaloon Census Tract 104.12 Map Reference S4- 749 -R28
Property Address 4189 Golden Gate Blvd E.
City Naples County Cother State FL Lp Code 34120
Legal Description Golden Gate Estates Unl 78 E 15011 of Tract 54 Tax Folio #40744240005
Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z � ( Fee '❑ Leasehold De Minimis PUD
Actual Real Estate Taxes $ 1,915.23 (yr) Loan charges to be paid by seller $ NIA Other sales concessions N/A
Lender /Client Collier County Government/Growth Mnomt Div. Address 2885 South Horseshoe Drives Natures FL 34104
Occupant Owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Compensation, Land and affected
nm rovemerdi crtt . Subject Is kinpiroved with a sd ngle-fairinfly dwaillim which Is not W penclad by the propowd partial takim pamel to '
Location L_i Urban Suburban Lj Rural Good Avg. Fair Poor
Built Up ❑ Over 75 %i -25% to 75% ❑ Under 25% Employment Stability ❑
Growth Rate ❑ Fully Dev. ❑ Rapid ❑Steady Slow Convenience to Employment ❑ 1K ❑ ❑
Property Values ❑ Increasing ;SW* ❑ Declining Convenience to Stopping ❑ ❑ ® ❑
Demand/Supply ❑ shortage ] i in Balance ❑ O"imppty Convenience to Schools ❑ ® ❑
Marketing Time ❑ Under 3 Mos. S 4 -6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ ❑ ❑
Present Land Use 65% 1 Fartdly 2.4 Family _%Apis. _% Gornto_% Commercial Recreational Facilities ❑ ®❑
_%
Industrial Vacant % Adequacy of Utilities ❑ ® ❑
_% _35%
Change in Present Land Use F] Not Likely E, LD* n ❑ Taking Price r) Property ContriaUbility, ❑ ® ❑
( *) From vacant To single- family Protection from Detrimental Conditions ❑ ®❑
Predominant Occupancy ® Owner ❑ Tenant 5- % Vacant Police and Fire Protection ❑ , 9 ❑ ❑
Single Family Price Range $ 85,000 to $ 300,000 Predominant Value $ 155.000 General Appearance at Properties ❑ ® ❑ ❑
Single Family Age 4 yrs. to 35 yrs. Predominant Age 20 yrs. I Appeal to Market ❑ Z ❑ ❑
Commends including those factors, favorable or unfavorable, affecting marketability (e g. public parks, schools, view, no se):The subject is bested on the north side of
Golden Gate Boulevard in the eastem Golden Gate Estates area of outlying greater Naples (unnoorporrated Collier County). Golden Gate
BouevarTd is, a nallayety WM thorafare. Essent al cervices (shopiong, prolfessoini offices) are within a 25 minute drive, lase rrterrenvice deveds tin
fie area are mostly averaee
Dimensions 150 x 680 = 2.34 Sq. Ft. or Acres L.1 Corner Lai
Zoning classification E- Estates Present Improvements Z do ❑ do not conform to zoning regulations
Highest and best use XI Present use Other (specify
Public Oftir;eserlbe) OFF SITE IMPROVEMENTS Two Level
Elec. F, ! Street Access ® Public ❑ Pnvate !Size Comoatible vvith erea
Gas ❑ iSurface Macadam iSlrjapeRecpanrjulair
Wate ❑ weft ;Maintenance ® Public ❑Private 1Vsw Natural
San. Saws ❑ septic to ❑ Storm Sewer ❑ Curb /Gutter )Drainage Appears to be adequate
❑ lhidergrourd.Elect BTd.° ❑ Sidewalk ❑ Sbeer.I -j4#ds !Is the property located in a HUD Identified Special Fbal Hazard Area? Zii NoDives
Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse condibons) Zone X Comm.120067 450G. Qtd 11/177D5
The subject site is improved with a sincle-family dwellina and associated site improvements: orily those urripmom mends within the take area are
trimpaicited by bakilly parcel. The parent tract s sub ectto an existirect roacinivilay easement and "cal utility sieserrierus as well as rnirrenal rigthts of
recmrd
The undersigned has recited three recent sales o' properties most similar and proximate to subject and has considered these in the market .analysis.. The descrmbon includes a dollar
adjustment reflecting Markel reaction to those items of significant variation between the subject and comparable omoerhes.. H a significant item in the comparable property is superior
to or more favorable than the subject property, a minus ( -) adjustment is made thus reducing Me indicated value o! subject: A a significant item in the comparable is interior to or less
favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject.
imil t SUB,ECT PROPERTY
COMPARABLE NO.1
CWPARAU NO, 2
COMPARABLE NO.3
Address 4189 Golden Gate Blvd E.
S!S 12th Street NE
110 6th Street NE
SIS 4th Avenue NE
N FL 3 -1
Naples, FL 34120
Naples, FL 34120
Naodes FL 34120
In
3.60 miles W
4.37 mites W
1,62 miles VV
Saks Nee
$ NIA
I 4.945fac
( = 6.557/ac
1 $ 5.727
Price
1 13 500
c 17 900
V
c 13.000
Data Source
MLS#212OU9172
MLS#212008498
Date of Sale and
DESCRIPTION
DESCRIPTION I+ t-)$ list
DESCRIPTION !+ -
+
DESCRIPTION - S Ad'us!"
TieAdluseneni
N/A
1018112 Nominal
5125112 Nominal
6127112 Nominal
Location
G no
GGE-o
GGE-o nc
GGE -out ',
SiE 'VECe
2.34 acres
2.73 acres In S/ac
273 acres In Slat
227 acres In S /ac
1-11
E
E
E
E
70
Level
Level
Level
Level
Sobs of Financing
NIA
Concessions
Net Ad'. 6tali
- -
—
- — -
IndlGated Value
0 Subject
Net: 4.945
Net SG ;S 6.557
Net "%
is 5.727
Comments on Market Utz: See abacheo addenda.
Comments and Conditions of Appraisal: The Sales Comparison Approach to Value as orven sole consideration ;n this reloorf
Final Reconciliation Parcel 482aRDUE oartal takinct value estenate: S13 9LC0
I ESTMATE TW IMetV:T VALUE, AS REFIM,Jof mai=r fftWO r AS OF October 10 20 12 to be 5. 13.900
He" Henderson SRA ❑ Did `I Did Not Physically Inspect Property
AporatserW Review Appraiser fd anokwblej
1Y2K) Goodkind 8 Swift, Inc.
Form LND — 'Win7C -' — 1- 800-ALAMODE
Packet Page -2353-
12/11/2012 Item 16.A.22.
Sunnlemental Addendum RIP No par497AROUE
Bonower,'Ckmt Owner. Pantateon
I'mVerly Address a189 Gokaeen Gate Stvd E
City Na {es Can Colirer State FL hp Code 34120
Lender Collier County Govemment/Growtn Mmmt Div
• Land : Market Data
The subject and comps are compared on a unit/price basis ($ /ac) thereby eliminating the need for direct size adjustments. All
sales cited involve conforming GGE parcels (at least 2.25 acres) but less than 3 acres in size; all are located in outlying Golden
Gate Estate areas.
The sales cited show a unit/price range of $4,945 1acre to $6,557 /acre; a unit price of $6,OOOiacre is selected as most
reasonable for the subject lands. The appraised value of the parent tract is therefore estimated to be $14,040.
PARCEL482aRDUE
The subject parcel is a roadway, drainage and utility easement strip having a depth of 29 feet and width of 150ft. It will be
located along the parent tract'SGGB roadway frontage adjacent to the existing 50 -foot roadway easement. This type easement
has a encumbrance factor of 99% of the fee interest. The size of the proposed easement is 4.350 sf or .10 acres. At the
estimated unit price of $6,D00 1acre the easement parcel lands have a compensable value calculated as follows:
$6.D00 /acre x 99% factor x .10 acre taking parcel = $600 (rounded).
Site improvements within the proposed easement parcel include a section of asphalt paved driveway, fencing, landscaping,
irrigation and fence lighting. The estimated contributory value of site improvements within the take area is estimated to be
$6,300 (Inclusive).
Cost to Cure
The taking parcel reduces the distance of an electric driveway gate from the new ROW; this reduced distance prevents the
property owner from safely closing or opening the gate while towing his boat trailer (he would be unable to stand his vehicle in
the area between the gate and the new ROW as the gate is operating). Not only would this place a functional burden on the
property but a traffic safety hazard might also occur if the trailered vehicle extended into the roadway during the gates operation.
As such, the need for a cure is self- evident. The proposed cure would move the gate and gate controller deeper into the
property to allow a trailered vehicle to safely stand in the area between the gate and new ROW. This cure also requires the
extension of the fence at this location and reconfiguration of light fixtures and wiring in this area of the gate and fence. The
estimated cost for this cure is $7,000 (net of site improvement items already paid for in the taking parcel).
Total Appraised Compensation Estimate: $13,900
Form TADO — 'WinTOTAL^ appraisal sdfiware by a la mode, inc. — 1 -800-ALAMOY
Packet Page -2354-
12/11/2012 Item 16.A.22.
Main File No. P r.482a
Parent Tract Aerial
1
Packet Page -2355-
�I
3 E
a � I
0
I
8
s I l
g CARLSON & PALOS
OR 1733/2144
SNELLGROSE PANTALEON & PANTALEON
OR 2839/2747 OR 3946/3683
tr '
z
8
s EAST 150' OF
TRACT 54
4 b I
TRACT 54
i P GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
I
PROPOSED ROADWAY EASEMENT
PARCEL 482 RDUEA
4.1se so. t T
12/11/2012 Item 16.A.22.
N
w I`
TRACT 55
-4-
GOLDEN GATE BOULEVARD (CR 876) i
SQ. FT. SQUARE FEET
OR OFFICIAL 'RECORDS (BOOK /PAGE)
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TECM - POW
�7 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FEB t L� USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 16 EB Q 1 20W M
i
LEGAL DESCRIPTION FOR PARCEL 482 RDUEA
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE EAST 150 FEET OF SAID TRACT 44
CONTAINING 4,350 SQUARE FEET, MORE OR LESS,
0 40 Bo 180 a +:
A. L suPVt�o9 e SKETCH &DESCRIPTION ONLY 1(69 a 9ilN NOT A BOUNDARY SURVEY SCALE: V -80' fFOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �0 LOR M p PR MAPPO
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT yo`S.ut��aTi d�P4
PARCEL 482A RDUE 61+0 waow P.k l>w, &ft 2W
Nags, FIW ts34109
COLLIER COUNTY. FLORIDA Phone rMI91607-0OVS FAX: 92=) 397-0578
L0 w sw
JOB NUMBER REVISION I SECTION TOWNSHIP RAGE I SLUE DATE DRAWN BY FILE NAME SHEET
50217.00.Ot 0001 REV Ot 04 49 Packet Page -2356-
2009 S.R SK 482A 1 OF 1
1
12/11/2012 Item 16.A.22.
Location Map
Borrower Client Owner. Pantaleon
Property AddreSS 4189 Golden Gate Blvd E.
city Naples County Cosier State FL Ti Code 34120
Lerider Collier County Government/Growth Mnqmt Div,
a la mote int EOM Ghaj
Rd
CY-USS BAY
ru
S _
Wh A— SE -
Sages':
Me+fM. �m �m�.+v:„a.- z_ntu:WMV4 sA.'V.
Form MAP10C — WinTOTAL' appraisal sBtiware by a la mode. ins. —1- 800- ALAMODE
Packet Page -2357-
Comparable
S/S 4th
# 3
Avenue NE
1.62 iniles
tomparabtle.
A-1 I
Siss 12th St et
3.610 miles
NE
Subject
4189 Golden Gate f3lvei C.
Comparable
# 2
lit) 6th StTeet
NE
4.?7 ntil�w
ru
S _
Wh A— SE -
Sages':
Me+fM. �m �m�.+v:„a.- z_ntu:WMV4 sA.'V.
Form MAP10C — WinTOTAL' appraisal sBtiware by a la mode. ins. —1- 800- ALAMODE
Packet Page -2357-
12/11/2012 Item 16.A.22.
- .
DEFINITION OF MARKET VALUE: The most probable price which a property should brng 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 t tle 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 com Parables 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 am
readily identifiable since the selier 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 appraisers 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 ender the property being appraised or the title to t. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title_ 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 appraisers determination of its size.
3 Tne 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.
T 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 responsibility for the accuracy of
such items that were furnished by other parties.
B 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 satisfacto
completion, repairs, or alterations on the assumption that com pietion of the improvements will be performed in a workm anlik 3 manner.
10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can t istribute
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 its successors and assigns; the mortgage insurer; consultants; professionai 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 service(s) without having to obtain the appraisers 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, pubic relations, news, sales, or
other media
rage 1 of 2 Fannie Mae Form 10048 6-83
Goodkind & Swift, Inc.
Farm ACR_DEFD — 'WinT( • — 800
Packet Page - 2358
12/11/2012 Item 16.A.22.
APPRAISER'S CERTIFICATION: The appraiser certifies and aorees that:
1. 1 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 1 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. 1 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 nave 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. 1 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 1 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 recuested minimum valuation, a
sDecific valuation, or the need to approve a specific mortgage loan.
7 1 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 piece as of the effective date of this
appraisal, with the exception of the departure provision of those Standards, whim 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.
S. 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 I have noted any apparent or known aaverse 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 1 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. 1 have not authorized anyone to make a change
to any item in the report: therefore, it an unauthorized change is made to the appraisal report, I will take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If 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: 4189 Golden Gate Blvd E., Naples, FL 34120
APPRAISER
SUPERVISORY APPRAISER (only if required):
Signature: L t ' –' —
Signature:
Name: Harry Henderson. SRA
Name:
Date Sioned: October 10. 2012
_
Date Signed:
State Certification #: RD3475FL: RG1153NJ
State Certification #:
or State License #:
or State License #:
State: FL
State,
Expiration Date of Certification or License: 11;30 /2012
E>yirabon Date of Certification or License:
Did ❑ Did Not Inspect Property
Freddie Mac Form 439 6 -93 Pape 2 of 2 Fannie Mae Form 1004B 6-93
Form ACR_DEFD — 'WmTOTAL' aporaisal software by a to mode, inc. — 1-800- ALAMODE
Packet Page -2359-
12/11/2012 Item 16.A.22.
LOCATION MAP
Pantaleon property — 4189 Golden Gate Blvd. E.
Folio #40744240005
Packet Page -2360-