Agenda 05/25/2010 Item #16B 1
Agenda Item No. 1681
May 25, 2010
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a road right-of-way, drainage and utility easement
(Parcel No. 291RDUE) which is required for the expansion of Golden Gate Boulevard from two
lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal
Impact: $2,985.
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 expansion of Golden Gate Boulevard from
two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: Parcel 291RDUE is a perpetual road right-of-way, drainage and utility
easement located on the north side of Golden Gate Boulevard (Unit 50, Golden Gate Estates). The
parcel comprises 4,500 square feet of an unimproved 2.81 acre parent parcel which is owned by
Francisco Roman, Using the most recent, comparative sales data, the Division of Transportation's
Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property
and has estimated its current market value at $1,300 (based on $12,500 per acre). Using the 2009
assessed valuation of$25,000 per acre, the value of the proposed easement parcel equates to $2,585.
On October 5, 2009, Transportation staff mailed a letter to Mr. Roman inviting him to call to discuss
the sale of the required easement to the County. He replied by requesting information about land
values and wanted to know what the County was willing to pay. After staff provided Mr. Roman with
information about current market values and assessed values, he stated that he was willing to sell if the
County would compensate him at the assessed value. An Easement Agrecment in the amount of
$2,585. was prepared by staff and later executed by Mr. Roman.
Staff is recommending that the Board of County Commissioners purchase the required easement area
from Mr. Roman for the purchase price of$2,585., and believes the following are compelling reasons
to do so.
This is not a distress sale. The property owner can afford to wait for the market to improve. There are
no attorney fees and Mr. Roman is cooperating with staff. There is no mortgage on the property, so
closing should proceed relatively quickly.
If we delay this acquisition for several years until construction is imminent, and are forced to take the
easement through condemnation, the cost of doing so would far exceed the owner's current asking
price.
Furthermore, if we delay 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 what the owner is seeking
today. In addition, the property is currently unimproved and if Mr. Roman were to sell his land, a new
owner may choose to build on it.
Finally, it is a common expectation of property owners upon the sale of their property to the
governnlent, to be paid at least the value upon which they are being taxed by the government.
Agenda Item No. 1681
May 25, 2010
Page 2 of 15
FISCAL IMPACT: The fiscal impact is the purchase price of$2,585.00 plus recording, title and
insurance fees not to exceed $400.00. The funds will be paid from road impact fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: Based on the above considerations, Transportation staff is recommending
that the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel 291RDUE to Collier County and authorize the County Manager,
or his designee, to record the easement instrument 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 amcndments which may be required to carry out the collective will of
the Board.
Prepared by: Debbie Armstrong, Assistant Right-of-Way Manager, Transportation Engineering and
Construction Management
Attachments: (I) Easement Agreement with Exhibit "A"; (2) Location Map; (3) Appraisal Report
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B1
May 25,2010
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to approve the purchase of a road right-ol-way, drainage and utility
easement (Parcel No. 291 ROUE) which is required for the expansion 01 Golden Gate
Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard
(Project No. 60040) - Fiscal Impact: $2,985.
5/25/20109:00:00 AM
Date
Prepared By
Debbie Armstrong
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
5/4/20101:07:54 PM
Date
Approved By
Gary Putaansuu
Transportation Division
Project Manager, Principal
Transportation Engineering &
Construction Management
5/7/20102:20 PM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
5/10/2010 8:20AM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
5/11/201011:39 AM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
5/11/201011:50 AM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
5/11/2010 11:54AM
Date
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney
5/12/20102:28 PM
Date
Approved By
Natali Betancur
Transportation Division
Administrative Assistant
Transportation Road Maintenance
5/13/2010 8:44 AM
Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 1681
May 25. 2010
Page 4 of 15
Date
Office of Management & Budget
5/13/20109:35 AM
Date
Approved By
Susan Usher
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
5/17/201010:37 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/17/20106:34 PM
Project: 60040 - Golden Gate Blvd.
Parcel: 291RDUE
Folio: 39331440009
Agenda Item No. 1681
May 25,2 10
Page 5 0 15
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this ~ day of ",..;1 , 2010, by and between
FRANCISCO ROMAN, whose mailing address is P.O. Box 2002, Vega Alta, Puerto Rico
00692-2002 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires 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 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 Purchaser for the sum of:
$2,585.00
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, shall be full compensation for the
Easement 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 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 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. 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:
(a) Easement;
(b) Closing Statement:
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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.
Agenda Item No. 1681
May 25, 2010
Page 6 of 15
I
r
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (gO) 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
inciuding irrigation lines, eiectrical 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 improvements 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
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) 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 performed pursuant to the provisions of this Agreement.
(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.
Agenda Item No. 16B1
May 25,2010
Page 7 011 15
(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, out 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.
9. 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,
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 securlty 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 benefrt of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, andlor assignees, whenever the
context so requires or admits.
Agenda Item No. 16B1
May 25, 2010
Page 8 of 15
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any fonn 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. Shouid 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
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chainnan
AS TO OWNER:
~.~
RANCiSCO ROMAN
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Abogado. Notado
t\.genda Item No.. 1681
May 25, 2010
e 90f 15
EXHBT....L
Peoe---1- of-L..
WEST 180' OF
TRACT 107
ROMAN
OR 2166/257
VARGAS
OR .3076/160
1RACT 74
TRACT 107
GOLDEN GATE ESTATES
UNIT 50
PLAT BOOK 15 PAGE 82
PROPSED ROADWAY EASEt.tENT
PARCEl. 291 ROUE
<4,500SQ.Fl,
TRACT 1 06
N
W+E
5
161+00'
164+00
155+
166+00
GOLDEN GATE BOULEVARD (CR 676)
I
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBUC PER PLAT BOOK 5, PAGE 82
LEGAL DESCRIPTION FOR PARCEL 291 ROUE
A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 50 AS RECCRDED IN PLAT BOOK 5, PAGE 82 OF THE
PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, lYING IN SECTION '. TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLDWS.
OR
~
C22J
THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 180 FEET OF SAID TRAC1)A07.
CONTAINING 4,500 SQUARE FEET, MORE OR LESS. I /;),
o 40 60_ lCO IN: ,~
SKETCH I: DESCRIPTION ONLY' I =-
NOT A BOUNOARY SURVEY SCALB.: 10"80. SUlNlNG
FOR: COlLIER COUNTY GOVERN'-lEm BOARD OF COUNTY COMMISSIONERS :O~ ~
GOLDEN GATE BOULEVARD
SICETCB Ie DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
P.IJlCEL 291 RDUE
COWER COUNTY, FLORIDA.
SHE:ET
, OF T
JOB NUMBER
050217.00.00 0007
Agenda Item No. 16B1
May 25, 2010
Page 10 of 15
Location Map
Golden Gate Blvd. Project #60040
Parcel 291RDUE
Folio Number: 39331440009
Name: ROMAN, FRANCISCO
Slreet# & Name: NO SITE ADDRESS
Legal Description: GOLDEN GATE EST UNIT 50 W 180FT OF TR 107
LAND APPRAISAL REPORT
IMal"FileNOP~~illl'ffllri!!l',mO. 16B1
5,2010
1 of 15
File No. Parcel 291~ 2
Borrower Roman, F. Census Tract 112.02 Map Reierence S1-T49-R27 -~
Property Address N/S Goldan Gate Blvd
City Naples County Collier State FL lip Code 34120
LegalOescription Golden Gate Estates Unil50 W 180ft afTract 107
Sale Price $ N/A DateoISale~LoanTenn~yrs. Property Rights Appraised L"Jree CLeasehold [J De Minimis PU
ActualReaIEstateTaxes$~(yr) Loan charges to be paid by seller $ N/A OIher saJes concessions N/A
LenderIClient Collier County GovfTransportation Division Address 2885 South Horseshoe Drive Na les FL 34104
Occupant vacant Appraiser Harry Henderson, SRA Instructions 10 Appraiser Estimate Markel Value Parent TracUPartial Take
Folio #39331440009 vacant land\'
Location UUrnan ~Suburban WRu>al Good Avg. Fair Poor
Buill. Up o Over 75% L"J 25%1075% DUnder25% EmploymenlStabilily DDL"JD
Growth Rate DFu~yDev CJ Rapid o Steady RJ Slow Convenience to Employment DL"JDD
Property Values o Increasing o Stable ~Declining Convenience to Shopping DL"JOD
Demand/Supply DShortage DlnBalance [SJOversupply Convenience to Schools 0 L"JDD
Marketing Time [J Under 3 Mos. o '-6 Mos. ~Over6Mos. Adequacy 01 Public Transportafion 0 L"JDD
Preserd Land Use ~% 1 Family _% 2-4 Family _% Apts. _% Condo~% Commercial RecrealionalFacilities DL"JDD
_% Industrial-..1Q% Vacant % Adequacy of Utililies DRJDO
Change in Presenl Land Use o Not likely ~RJLik.Y('1 o TakingPlace(*) PropertyCompalibility o L"J DO
(*) From vacant To sinqle-familv Protectionirom Detrimental Conditions o L"J DO
Predomlll3ntOccupancy kg] Owner CTenant ~%Vacant Police and Rre Prolection o L"J 0 '0
Single Family Price Range $~Io$ 335,000 PredominantValue$ 150000 General Appearance of Properties o L"JD 0
Single FamiiyAge ~yrs,to~yrs PredominantAge~yrs. Appeal 10 Market C]L"Jc]D
Comments including those tactors, favorable or unfavorable, affecting marketability (e.g. pUblic parks, schools, view, noise):See attached addenda.
Dimensions 180 x 680 2_81 Sq. Ft.orAcres , Corner Lot
Zoning class~ication Estates (2.25 acre conformino lot size min.) Presenllmprovements IN! do [AJ donotconformtozoningregulalions
Highesland best use [JPresenluse ~lJgIecil\l\ eventual sinnle-famil development
Public Other (Describe) I OFF SITE IMPROVEMENTS Topo Level
Elec. I2I i Street Access lSJ Pubiic D Private Size Comnatible with area
Gas 0 ffice M"adam Shape Recta""ular
Water 0 Maintenance [g: Public [J Private View Neinhborhood
San. Sewer 0 C Storm Sewer C Curb/Gutter Drainage Appears to be adenuate
0 Underground Elect. & Tel. ;.?i~~~!!!L,llslheptoper1yloClltedlnaHUDldentlfledSpeclaIFIoodHazardArea? kg] NoD Ves
Comments ~ayorable or unfavorable including any apparent adverse easements, encroachments, or olller adverse cond~iOns): Zone 0 Comm#120067C0250G, dtd 11/17/05
No adverse conditions observed. The sub'act lands are assumed to have an uland/wetland rofile which would allow si;;!e-famil develonment
as allowed bv zoninn without atvnical ermiltinJlJ!!1d/or mrtioation. Tvpical roadwav and/or erimeter utili! easements exist on the site; these are
common in the area and do not imnact value.
TOO undersigned has recited three recent sales of properties most similar and proximate 10 subject and has considered Ihese in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those dems ol signfficant variation between Ihe subject and comparable propertJes_ If a significant dem in the comparable property is sUp€rior
to or rrore favorable than the sublect property, a minus (.) adjustment is made thus reducing the indicated value of subject; if a significant i1em in the comparable is inferior to or less
favorable than the subject property,a plus (+) adjuslmentis made thus inc reasinglhe indicated value of Ihe subjecl.
ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Address N/S Golden Gate Bwd S/S Jung Blvd 360 14th Avenue NW NJS 4th Avenue NE
Nanles ':l.1l1?n Na les, FL 34120 Naoles FL 34120 Nanles, FL 34120
Proximi IoSubiect ~~r
Sales Price N'A .....,0'<.." I. 12000/ac 10. =c;:c ~ 13 OOO/ac 51, ".894'ac
Price Gloss I. 30.000 MLS#20803~:~85 It 32500 ':.1 t 27,000
Data Source MLS#207046588 MLS#209024974
Date of Sale and DESCRIPTION DESCRiPTION + ~\SMust. DESCRIPTION + -\tMust DESCRIPTION I +1-" Ad'ust.
Time Adjustrnent N'A 7/09 5/09 12J09
Location GGE Similar Similar Similar
SitPllljew 2.81 2.50 acres in $fac 2.50 acres in $/ac 2.27 acres in $Jac
Tonnnrah Levelfnatural Level/natural Level/natural Levelfnatural
Zonina Estates Estates Estates Estates
SaiesorRnancing N'A Cash or Equiv. Cash or Equiv. Cash or Equiv.
Concessions
N."kIToffi" __ :< I .
lildicatedValue I
01 Subject 1$ 12,000 $ 13,000 11,894
Commerrts on Market Data: See attached addenda.
Comments and Conditions 01 Appraisal: Subiect and comos are compared on a $/acre unit price basis. See attached Limitino Conditions.
Final Reconciliation: 2.81 acres @$12S00Jacre $35,100 (rounded, Before Value of Parent Tract
I Annraised Comnensation relatinn to Partial Take Parcel 291RDUE - $1 ,300. (see addenda)
I EsnMATE THE MARKET VALUE. AS DEFINED. OF SUBJECT PROPERTY AS Of December 30 20~ to be $ 1,300 Inartial take
Harry Henderson, SRA o Did DOidNotPnysicallylnspeclProperty
Anpraisers ReviewAppraiser rrapplicable
[Y2K]
Collier County Governmerrt
Form LND -'WinTDTAL" appraisal software by a la mode, inc. -1.80Q-ALAMODE
Supplemental Addendum
lMiiiF;i' No P~~1t,"~j!IV~1 t1!Jo. 1661
File No. Paccei 291RDUE May 25,2010
12 of 15
Borrower/Client Roman F.
Pm e Address N/S Golden Gate Blvd
C" Na les Coun Collier
lender Collier Count GovfTrans ortation Division
State Fl Zip 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 thorofare
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 uniUprice ($/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 reiatively 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 $11 ,894/acre to $13,OOO/acre; given the comparison criteria discussed, a unit price of
$12,500/acre is selected as reasonable for the subject lands. Thus-
2.81 acres x $12,500/acre = $35100 {rounded Before Value of Parent Tractl
The ProDosed Take
Parcel 291 ROUE is a 25ft-wide 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 4,500 sf or .103 acres.
This easement represents a 99% encumbrance to the underlying land; no site improvements (only native vegetation) lie within
the easement area. The value of the land being acquired is therefore:
$12,500/acre x99% x .103 acres = $1,300 (rounded)
In the after condition, the subject parent tract could be improved in a similar fashion as before the take (at least a 100ft front
yard, sufficient footprint for a house), no severance damage.
Total Appraised Compensation parcel 291RDUE: $1 300.
Form TADD - "WinTOTAL" appraisal software by a la mode, inc. -1.S00-ALAMODE
Location Map
Borrower/Clieri Roman F.
Prope Address N/S Golden Gate Blvd
C' Na les COU Collier
Lender Collier Count GovfTrans ortalion Division
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May 25. 2010
13 of 15
State FL Zi Code 34120
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Form MAP.LOC - "Win TOTAL' appraisal software by a la mode, inc. -1-BOQ.-ALAMODE
lMiiif.<tNo P~~1W,'mIfllf&UI~o. 1681
May 25, 2010
Page 14 of 15
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions
requisite 10 a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in tIlis
definttion is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions wnereby: (1) buyer and seller are
typica~ 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
far exposure in !he open market; (4) payment is made in tellTls 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 associafed with
the sale.
* Adjustmellts to the comparables must be made for special or creative fillancif1{l or sales concessions. No adjustments are necessary
for those costs which are normally paid by sellers as a resutt of tradition or law in a market area; these costs are readi~ 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 10 financing terms offered by a third party instittJtional 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 !he dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1, The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the trtle to it. The appraiser assumes that
the tltje 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 appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by tI1e Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an idellliiied Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this detennination
4. The appraiser will not give testimony Dr 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 tI1e improvemellls altheir contributory value. These
separate valuations of the land and improvements must not be used in conjunction wrth 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 tlle subject property or that he or she became aware of during the normal research involved in pertorming
the appraisal. Unless otherwise staled in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmelllal conditiot1S tlle presence oi hazardous wastes, toxic substances. etc.) tI1at would make the property more or less valuable, and
has assumed that there are no such and makes no guaralllees or warranties, or implied, regarding the condition ot tlle property. The
appraiser will not be responsible for any such conditions that do exist or tor any or testing that might be required to discover whefher such
canditions exist. Because the appraiser is not an expert in the field of environmental the appraisal report must not be considered as an
enviroomental assessment 01 Ihe property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the report trom sources that he or she considers to be
r~iable and believes them to be true and correct The appraiser does not assume responSibility the accuracy of such items thaI were fumished by other
parties.
8. The appraiser will not disciose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9 The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion. repairs, or
alterations on the assumption that completion of the improvements will be pertormed in a workmanlike manner.
10. TIle appraiser must provide his or her written consent belore the klnder/client specified in the appraisal report can distribute the appraisal report
Qnciuding conclusions abmrt the property the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consuUants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality
oIlheUntted States or any state or the District of Columbia; except tl1atttle lender/client may distribute the property description section of the report only to data
coiection or reporting without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
De obtained before the can be conveyed by anyone to the public tt1rough advertising, public reiations, news, sales, or other media.
Freddie Mac Form 4396-93
Page1oi2
FannieMaeForm1004B6-93
Collier County Government
Form ACR - 'WinTOTAL' appraisal software by a la mode, inc. - 1-80Q-ALAMQDE
IMa;" File No P~~11iIll'Mfll t~ fI~ o. 16 B 1
May 25, 2010
Page 15 of 15
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to toose items of significant
variation. ~ a significant ilem in a comparable property is superior 10, or more favorable Ihan, the subject property, I have made a negative adjustment to reduce
the adjusted saies 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
aposrtive adjustment to increase the adjusted sales price oflhe corrparable .
2, I have taken into consideration the tactors that have an impact on value in my development of the estimate of market value in the appraisal report I have not
knowingiy withheld any significant information from the appraisal report and I believe, to the best of my knowledge, thaI aU statements and information in the
appraisal report are trtle and correct.
3. I stated In the appraisal report only my own personal, unbiased, and professional anaiysis, opinions, and conclusions, which are subject only to the contlngellt
and limttingcondttions specified in this form.
4. I have no present or prospective interest in the property that Is the subjec1to this report and I have no presellt or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partial~ 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 subjec1property or of the present
owners or occupants of the properties in the vicinity of lhe subjecl property
5. I have no present or contemplated future interest in the subject properly, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the appraised value oflhe properly.
6. I was nof required to report a predetermined vaiue or direction in value thaf favors the cause of the client or any relatM party, the amount 01 the value estimate,
the attainment of a specific resutt. or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did nof base the appraisal report ona 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 Professioflal Appraisai Practice that were adopted and promuigated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does not apply, I acknowledge that an estimate at a reasonable time for exposure in the open market is a condition in the definition at 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
reconciiiationsection.
8. I have personally inspected Ihe interior and exterior areas of the subject property and the exterior of all properties lisfed as compara bles int~appraisalreport.
I further certify that I have noted any apparent or known adverse conditions in !lie 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 tor these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property
9. i personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied on significam professional
assistance from any individual or individuals in fhe pet10rmance of the appraisal or the preparation at the appraisal report I have named such individual(s) and
disclosed the specific tasks perlormed by them in the reconciliation section of this appraisal report I cettity that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appralsalrepott, I wili take
no responsibility for ~
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 certffications numbered 4 through 7 above ,and am taking full responsibilily for the appraisal and the appraisal rep ort
ADDRESS OF PROPERTY APPRAISED: N/S Golden Gate Blvd Naples, FL 34120
APPRAISER: SUPERVISORY APPRAISER (only if required):
Signature: Signature:___
Name: Harrv Henderson SRA Name:
Date Signed: December 30 2009 Date Signed:
State Certification #: RD34 75 State Certification #
or State License#: or State License#:~
State: FL State:
Expiration Date of Certffication orlicense:-DQQi.tQ.____._ Expiration Dale of Certification or License:
COid [J Did Not Inspec1 Property
Freddie Mac Form 4396-93
Page2of2
Fannie Mae Form1004B 6-93
Form ACR - "WinTOTAL" appraisal software by a ia mode, inc. -1-800-ALAMODE