Agenda 04/13/2010 Item #16B 3
Agenda Item No. 16B3
April 13, 2010
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-Way,
Drainage and Utility Easement (Parcel 445RDUE) containing 6,950 square feet, which is required for
the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project
No. 60040 (Fiscal Impact: $5,480.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road right-of-
way, drainage and utility easement required for the four-Ianing of Golden Gate Boulevard between Wilson
Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The required easement is needed along the southern property line of Tract 100,
Golden Gate Estates, Unit 77, and contains a total of 6,950 square feet or O. I 6 acres. Using the most recent,
comparative sales data, the Division of TrJUsporta1ion's Review Appraiser, Hany Henderson, SRA,
prepared an appraisal of the easement area of the property estimating its current market value at $1,760.00
($11,000.00 per acre). The assessed value of the needed easement area is $4,000.00 ($25,000 per acre),
On October 15, 2009, Collier County Transportation Division invited the owners, Miguel A. Hernandez and
Minnie W. Hernandez, to discuss the sale of the required easement to the County. On or about November
17,2009, Mr. and Mrs. Hernandez's attorney contacted the assigned Property Acquisition Specialist to
discuss the County's invitation. Through continued negotiations, the owners have agreed to sell the
required easement to Collier County for the purchase price of$4,000.00 (the exact assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement area from
Mr. and Mrs. Hernandez for the purchase price of $4,000, and believes the following are compelling reasons
to do so:
This is not a distress sale. The property owners can afford to hold out and wait for the market to improve,
If we should delay this acquisition for several years until construction is imminent, and be forced to take the
easement through condemnation, the cost of doing so would far exceed the owners' asking price. In
addition, the owners and their counsel are cooperating with staff so there are no expert fees.
Moreover, the owner's attorney's fees are kept to a minimum. Our current practice is to pay an owner's
attorney a flat fee of $500 for assisting the owner with the closing. If a lender subordination is required, we
will pay the attorney a flat fee of an additional $500 if he/she agrees to procure the subordination which can
be a very time consuming and work intensive process. By agreeing to pay the attorney a flat fee, we are
able to keep from paying hourly attorneys fees.
Furthermore, if we should forestall this purchase and the market begins to rebound, in three to five years we
are likely going to be paying as much or more for the subject property than the owners are seeking today,
It is a common expectation of property owners upon the sale oftheir property to the government, to be paid
at least the value upon which they were taxed by the government.
FISCAL IMPACT: The fiscal impact is in the amount of $5,480.00 and includes the $4,000.00 negotiated
purchase price; attorney's fees in the amount of $1,000.00; a title search fee and a title insurance premium
totaling approximately $450.00; and recording fees not to exceed $30.00. Source of funds are transportation
impact fees.
GROWTH MANAGEMENT IMP ACT: There is no growth management impacP-!ll5sdail1tlld ~tIl16l111s
Executive Summary. April 13, 2010
Page 2 of 16
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient-JBW.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the
Board;
2, Accept the conveyance of Parcel 445RDUE (6,950 square feet along the southerly property line of Tract
100, Golden Gate Estates, Unit 77) and authorize the County Manager or his designee to record same in
the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
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 Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective will of the
Board.
Prepared by: Michelle L. Sweet, Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments:
(I) Easement Agreement; (2) Location Map; (3) Appraisal
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1683
April 13, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B3
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-
Way, Drainage and Utility Easement (Parcel 445RDUE) containing 6,950 square feet, which
is required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard, Project No, 60040 (Fiscal Impact: $5,480).
4/13/2010 9:00:00 AM
Date
Prepared By
Michelle Sweet
Transportation Division
Property Acquisition Specialist
Transportation Engineering &
Construction Management
3112/201011:18:48 AM
Date
Approved By
Jennifer White
County Attorney
Assistant County Attorney
County Attorney
3/1212010 2:45 PM
Date
Approved By
Kevin H. Dugan
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
3/12120104:14 PM
Date
Approved By
Debbie Armstrong
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
3115120109:46 AM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
31171201010:33 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3117/201010:48 AM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
3/18/201012:18 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
3125/20104:11 PM
Agenda Item No. 16B3
April 13, 2010
Page 4 of 16
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
3/26/20101:27 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
3/26/20102:07 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
3/29/20108:26 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
4/1/20107:56 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
4/5/20102:04 PM
Agenda Item No. 16B3
April 13, 2010
Page 5 of 16
PROJECT:
PARCEL No:
FOLIO No:
60040 Golden Gate Boulevard
445RDUE
40688040002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of ,2010, by and between MIGUEL A.
HERNANDEZ and MINNIE W. HERNANDEZ, husband and wife, whose mailing address
is 13285 SW 102NO Street, Miami, FL 33186-2874, (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a polijical subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-Exclusive 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 Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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 tree and correct and sre 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 Purchaser for the sum of:
$4,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph g of
this Agreement (said transaction hereinafter referred to as the "Closing"). In
addition, the Purchaser shall pay Seller's attorney's fees to Roetzel and Andress,
LPA in the sum of $1,000.00. Said payment to Owner, payable by County Warrant,
shall be full compensation for the Easement conveyed, inciuding 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, and the cost to cut and cap irrigation lines extending into the
Easement, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Easement to Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor
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. At or prior to Closing,
Owner shall provide Purchaser with a copy of. any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
Agenda Item No. 16B3
April 13, 2010
Page 6 of 16
(al Right-of-Way, Drainage and Utility Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(el 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system 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 improvement~ and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser 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 Property 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 Purchaser 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
~mderlying the Easeme:1t, 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) Purchaser'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 pericrmed pursuant to the provisions of this Agreement.
Agenda Item No. 16B3
April 13, 2010
Page 7 of 16
(c) No party or person other than Purchaser 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(I) 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
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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 Purchaser.
(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 Purchaser; 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 Purchaser,
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 Purchaser against and
from, and reimburse the Purchaser 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, cut of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser 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.
g. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
Agenda Item No. 16B3
April 13, 2010
Page 8 of 16
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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
required on the instrument(s) of transfer, unless the Easement is acquired under
threat of condemnation.
10. 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.
11. 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, 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 Purchaser. (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.)
12. 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 Purchaser.
13. 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.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWiGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRED W COYLE, Chairman
AS TO OWNER! j
DATED: ~/IO
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Assistant County Attorney
Last Revised: 2119f09
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MIGyEL A. HERNANDE
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'MI IE w. HER NDEZ
Agenda Item No. 1683
April 13, 2010
Page 9 of 16
1\genda Item No. 16B3
April 13, 2010
10 of 16
EXHIBIT If
roe-L. ct-l--
I
Of';
TRACT 99
TRACT 1 00
GOLDEN GATE ESTATES
UNIT 77
PLAT BOOK 5 PAGE 15
"Ii
iI~rE
TRACT 117
\ROPOSED RO...MJWAV. EASEMENT
PARCEL 445 ROUE
69e.C SQ. FT
'l,~~(~-t:=::c -='=
I
l:::CAl DESCRIPTION FOR PARCEL 445 RDUE
1 ::l0, 1"0', 50.0~ FEET TO A POiNT ON LINE OF
BEGINNING OF THE ";E~i:"'N DESCRIBED
~:::(:T TO A. P,JINT ON THE WEST OF SAID :"RACT 1 DO;
THE [AS;- L1rlE OF SAID TRA::; 100;
'EET '0 THE POINT O~ a[GINNIi~G 'JF THf ~:.R(lN DESCHle,:D
SKETCH & DESCRIPTION ONLY
Nor A BOUNDARY SURVEY
FOR CCU;:R COUt,TY GOYU,NMENi
0, CQVN1Y COMMIS3!O,'.J~RS
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t.I.C''''f:1. A "AIlC. p~orE5510"AL 5UfIV!:\'OR .. I.W'<'ER
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~Q~~~~~ \i;~~~;Ri~( P~~~~, ,';';:~~u"'nt,. ;'':;:,1, ~";~O:SOl SE/..L. OF
comAIN:NG 6.950 S-JUN{[ rEn. '.K:f<r OR U:SS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 44~ RDUE
COLLIER COUNTY, nORIDA
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S>1El,
1 OF 1
LAND APPRAISAL REPORT
IM'iOFi"NOP~~~~'lr~rl~o. 1683
3,2010
1 of 16
File No. Parcel44~M 1
Borrower Owner: Hernandez CensusTracl 112.02 Map Aeference S5-T49-R28 -a~lC
Property Address NfS Golden Gate Boulevard
City Naples Couf1ly Collier State Fl Zip Code 34120
LegallJescriplion Golden Gale Estates Unit 77 Tract 100 OR 1432 PG 2399
SaIePrieeSNIA DateofSale~LoanTerm~yrs. Property Rights Appraised [ZIFee o Leasehold DOeMinimisPUD
Actual Real Estate Taxes $ 1 378.16 IYr) Loan charges to be paid by se!ler $ N/A Other sales concessions N/A
Lender/Cfient Collier Countv Govrrransportation Division Address 2885 South Horseshoe Drive Na les FL 34104
Occupant vacant land Appraiser Harrv Henderson SRA Instructions to Appraiser Estimate Markel Value Parent TracUPartial Take
Folio #40688040002
LocatiOfl WUrban !QjSutlurban k! Rural Good Avg. Fair Poor
BulttUp DOver75% 025%1075% []Uod"2S% Employment Stability [1000
Growth Rate DFullyOev :=J Rapid OS'eady [8] Slow Convenience to Employment 0 0 0 0
Property Values :::Jlncreasing OS.bI, [8JOeclining Convenience to Shopping 0 0 0 0
Demand/Supply o Shortage o In Balance [8JOversupply Convenience to Schools 0 0 0 0
MaricetinJ1ime OUnder3Mos. o 4.6 Mos. [gJ Over 6 Mos. Adequacy of Public Transportalion 0 0 0 0
Present Land Use ~%1Family_%2.4Family _%Apts. _~%Condo_%Commercial Recreational FaciI~ies C I2J 0 0
_%lndustrial--.2Q%Vacant % Adequacy of Utililies 0 0 0 0
Change in Present Land Use o Not Likeiy ~Uk"Y('1 CTakingPlace(*} Properly Compatibility 0 0 0 0
(*)From vacant To sinQle-familv Protection from Delrimental Condflions 0 0 CJ 0
PredominantOc:cupancy [gJ Owner DTenant % Vacant Police and Fire Protection CJ 0 0 0
Single Family Price Range $~to$ 285000 Predominantvaiue$~ General Appearance of Properties " 0 0 0
Single Famlly Age ---L yrs. to-...N. yrs. Predominant Age ---..1Q. yrs. Appeal to Market E 0 0 0
Comrrents Including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):See altached addenda.
OimertSions 330 x 680 - 5.15 Sq. Ft. or Acres .UCornerLot
Zoningclassilication Estates (2.25 acre conformina 101 size min.) Present Improvements 'NJ do [AJ donotconformtozonmgregulalions
Highestanll best use [gJPresentuse Otherlsnecifvl
Public Other ~eacnb,) I , Off S'TElMPROVEMENTS ']i"O Le,e'
Elec, l8J Street Access [3J Public 0 Private Size Compatible with area
Gas o . Sunace Macadam Shape ReclanQular
Water 0 I Maillte"'o" 0 Public r:::: priva'I{'" Nei hbochood
San. Sewer D 1'--'--' Storm Sewer D Curb/Gutter Drainage Appears 10 be adenuate
o Underground Elecl. & Tel. Sidewalk ~IStreetLiahts Isll1epropertyIOCaledinaHUDldentlfi&dSpeciaIFloodHazardArea? [gJNoDVes
Comments (favClrable or unfavorable including any apparent adverse easements, encroachments, or other adverse condiborlS) Zone 0 Comm#120067C0250G dtd 11/17/05
No adverse conditions observed. Tvnical roadwa and/or arameler utilitv easements exist on the site; these are common in the area and do
nol impact value
The undersigned has recited three r&Cent sales, of properties most si~ilar and proximate to .subject and has considered, these In fhe, market. aMlysis. The description includes a dollar
adjustmert reti&cbrJg markef reacMn /hose items nf Significant vanation between the subrect and cClmparable properties. II a slgnillcant Ilem the comparable property IS superior
10 01 more favorable than the subject property, a minus H adjustment is made thus reducing the indicated value 1)/ sublect; if a Significant item in the comparable is interior to or less
favorable than the subjecl property,a plus (+) adjustment is made thus increasing the indicalell value of the subjecl.
"'" SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO,2 COMPARABLE NO, 3
Address N/S Golden Gale Boulevard W/S 2nd Street St NE 521 81h Street NE 781 16th Avenue NW
Na les "", Na les FL 34120 Na les FL 34120 Na les Fl34120
ProximitvtoSub'ect ........ ....... 405mile,W 3.13milesW
SalesPtice NIA ..... I. 11550/ac ',/',,:'" I.ot 10676/ac $ 10 622/ac
Price Grnss $ >7i< ....1. 28,875 30000 1$ 29.000
Data Source MLS#209014652 MLS#209006130 MLS#209034971
Date of Sale and ~~CRIPTlON 4/09 DfSCRIPTJ~~t. DESCRIPTION + _1$ Ad'ust DESCRIPTION +{- $ Ad'ust.
Time AdjuStment NfA 9/09 4/09
Location GGE Similar Similar Similar
SitelView 5.15 acres 2,50 acres in$/ac 2.81 acres in$/ac 2.73 acres in $/ac
Toooo",,'" Level/natural Level/natural Level/natural Level/natural
Zonina Estates Estates Estales Estates
Sales or financing NfA Cash or Equiv. Cash or Equiv. Cash or Equiv.
Concessions
NmM'.ITota _ '$ - I + I" :$
tndicatedValue ..~ $ /i.~('b.".::..':U;1
afSubJect 11,550 $ 10,676 '\,)'::.::' 1$ 10,622
Comments on Market Data: See attached addenda.
-
Comrrents and Conditions of Appraisal: Subiect and camps are compared on a $/acre unit price basis, A unit price of $11 ODD/acre is selected as most
reasonable for the subiect tract
See attached Limitina Conditions.
Final Reconciliation: The sub'ect ROW oarcel is a slri runnln alono Ihe sub'ect's GGB fronta e; the lolal area of the takina Darcel is .16 acres.
At a uniVorice of $11 OOO/acre the estimated land value of the sub'ecl takina is' 16 acres x$11,000/acre = $1760.
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF December 30 20~ to be $ 1,760 {nartial take
Harry Henderson SRA Did o Did NotPhysicaliy Inspect Property
A praisers ReviewAPpraise~applicable~'-
[Y2K]
CollierCauntyGovernment
Form LND ~ "WinTOTAl" appraisai software by a la mode, inc. -1-80o.ALAMODE
upplemental Addendum
IMaio';,,", Pl'l:~lIrl1ll!!f'lr&i',f1~o. 16B3
File No_ Parcel 445RDUE April 13, 2010
12 of 16
Borrower/C~ent Owner: Hernandez
Pro Address NfS Golden Gate Boulevard
C Na les Cou Collier
Lender Conier Coun Govrrrans ortalion Division
State FL Zi Code 34120
. Land: Neiahborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area. Golden Gate
Estates is a sprawling pre-platted subdivision consisting of acreage-type single-family homesites (1.14 to 5 acres typically) in a
semi-rural setting. Essential services are within a 35 minute drive_ Golden Gate Boulevard is an east-west running tharafare
linking the eastern Estates area to Collier Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and camps are compared on a unilJprice ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate
market has been in decline since late 2005 and remains exceptionally weak.: the Estates market has been especially soft due
to a severe supply-demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have
been applied in order to give property owner's every benefit of the doubt.
The indicated unit prices range from $10,622/acre to $11 ,550/acre; given the comparison criteria discussed, a unit price of
$11,OOO/acre is selected as reasonable for the subject lands.
The ProDosed Take
Parcel 445RDUE is a varying width strip taking running along the front of the subject site on Golden Gate Blvd. This ROW
interest will be in the form of a permanent easement which will widen an existing ROW easement over the subject property for
the existing GGB. The proposed new easement area will contain 6,950 sf or .16 acres.
Form TADD- "WinTOTAL" appraisal software by a la mode, inc. -j.80D-ALAMODE
Location Map
IMainFiIeN,p~~~Wl\'1I'11fgi\'lrl~o. 16B3
April 13, 2010
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Borrower/Client QWl'1er: Hernandez
Pro e Address N/S Golden Gate Boulevard
C. Na les Cou Collier
lertder GoRier Count Govrrrans ortation Division
Stale Fl Zi Code 34120
Form MAP.LOC - 'WinTOTAL" appraisal software by a la mode, inc. -1-800-AlAMODf
1M,,, FII. No Pj!l;~~lWfllr&,,',fI~o. 16B3
April 13, 2010
Page 14 of 16
DEFINITION OF MARKET VALUE: The most probable price which a property should tiring in a competitive and open market under all conditions
requisite 10 a fair sale, the buyer and seller, each actin~ 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 tine from seller to buyer under conditions whereby: (1) buyer 3rld seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own tlesl interest (3) a reasonable ~me is allowed
for exposure in the open market; (4) payment is made in terms 01 cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the rIOrmal consideration for the property sold unaffected by special or creative financing or sales concessions. granted by anyone associated wilh
lhesale,
. Adjustments to the cornparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those cost which are normally paid by sellers as a resun 01 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 InstiMionallender that is not already involved in the
property or transaction. Arry adjustmerrt should not be calculated on a mechanical dollar for doiar cost of tile financing or concession
but the dollar amount of arly adjustment should approximate tile markel's reaction to the financing or concessions based on the
appraiser'sjudgemerrt.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certificalion that appears in the appraisal report is Subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraisM or the titie to it The appraiser assumes tIlat
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 tne appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader at the report in visualizlngthe property and understanding the appraiser's determination 01 its size.
3. The appraiser has examined the available Ilood maps that are provided by the Federal Emergency Managemerrt 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,regardingthis determination
4. The appraiser wili not give testimony or appear in court because he or she made an appraisal 01 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
separate valuations of the land and improvements must not tie used in
and best use and the improvements at their contribulory value. These
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 01 any hidden or unapparerrt conditions of the property or
adverse environmental C1lnditions (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, the condition ot the property. The
appraiser will oot be responsible for any such conditions that do exist or for any engineering or testing that required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the report must nol be considered as an
environmental assessment of the property
7. The appraiser obtained the information, estimates, and
reliable and believes them to be true and correct, The
parties
that were expressed in the report from sources that he or she considers to be
does not assume responsibility the accuracy of such Items that were furnished by other
8 The appraiser will not disclose the contents 01 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 con elusion lor an appraisal that is subject to satisfactorycof1l!llelion, re pairs, or
alterations on the assumption that completion of the improvements will be performed in a woli<.manlike manner
10. The appraiser mllSt provide his or her prior written consent belore the lemler/client specified in the appraisal report can dislribrJte till appraisal report
Qnciuding cooclusions aboul!lle property value, the appraiser's identity and professional designations, and references to any professional appraisal
organizations tIr the firm with which the appraiser is associated} to anyone other than tre the mortgagee or its successors and assigns; the mortgage
insurer; consultants: professional appraisal organizations; any state or federally approved instiMion; or any department, agency, or instrumerrtalfty
of the United States or any state or the District of COlumbia; except thatlhe lender,lclientmay distribute the property description section otthe report only to data
collection or reporting service{s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the publiC Itlrough advertising, publiC relations, news, sales, or other media.
Freddie Mac Form 4396.9J
Pagelof2
Fannie Mae Form 1004B 6-93
Collier County Governmertl
Form ACR - "WinTOTAL" appraisal soflware by a la mode, inc. - 1.800-ALAMOOE
IMalnHI,No Pj[\~~4f1l11)1(llr&l'\r~o. 16B3
April 13, 2010
Page 15 of 16
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have researched the subject market area aM 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. ~ a significant tlem in a comparable property is superior to, or more favorable than, the subject prDperty, I have made a negative adjustment to reduce
tOe adjusted sales price of the comparable and, If a significant item in a comparable property is interior to, or less favorable than the SUbject property, r have made
a posrnve adjustment 10 increase the adjusted sales price oj the comparable.
2. r have taken into consideration the factors that have an impact on value in my developmerrt of the estimafe of market value in the appraisal report. I have not
Imowingly withhekl any significant information from the appraisal report and , believe, to the best of my knowledge, fhat all statements and information in the
appraisal report are true and correct.
3. 'stated in the appraisal report only my own persorlaI, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limitingcondftions specified in this form.
4. I have no wesem or prospective interest in the property that Is the subject to this report, and I have !'to present or prospective personal interest or bias with
respect to tile 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
ont~ race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners oroccupanls of the subject property Dr of the present
owners or occupants of the properties in the vicinity of the subject prope rty
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal is contingenl on the appraised value of the property
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the allainment of a specific resuft, or the occurrence of a subsequent event In order to receive my compensation and/or employment for performing the appraisal. I
did not base tl1e appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does nm apply. I acknowledge that an estimate of a reasonable time for ~osure in the open market is a condition In the definition of market value
and the estimate I developed is consisterrt with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
rewnciliationsection.
8. I have personally inspected the inlerlorand 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 adverse conditions in the Subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis 01 the property value to the extent that
I had market evide~e to support tI1em. I have also commented about the effect of the adverse conditions on the marketability of the subject property,
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied on signfficant pr01essional
assistance from any individual or Individuals in till performance of the appraisal or the preparation of the appraisal report, I have named such individuai(s) and
discklsed the specific tasks performed by them in the reconciliation section of this appraisal report. I cert~y that any individual so named is qual~ied to pertorm
the tasks. I have not authorized anyone to make a change 10 any item in the report; therefore, ~ an unauthorized Change is made to the appraisal report, I will lake
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 preparoo the appraisal report, have revie;voo the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by Ihe appraiser's certifications numbered 4throug h7above,andamlakingfullresponsibilityfortheappraisalandtheappraisalreport
ADDRESS OF PROPERTY APPRAISED:
N/S Golden Gate Boulevard Naples FL 34120
APPRAISER:
SUPERVISORY APPRAISER (only if required):
SignattJre:
Name: Harry Henderson SRA
Date Signed: December 30 2009
State Certification #: RD3475
or State License #:
Stale: FL
Expiration Date of Certification or License: 11/30/10
SignatLJre'
Name:
Date Signed
SlateCertilication#'
or State License #:
State:
Expiration Date 01 Certification or License'
COid o Did NotlnspeclProperty
Freddie Mac Form 4396-93
Page2of2
FannieMaeForrn1004B6.93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Agenda Item No. 1683
April 13, 2010
Page 16 of 16
LOCATION MAP