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Agenda 07/27/2010 Item #16A24Agenda Item No. 16A24 Jule 27, 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 No. 489RDUE), which is required for the four - Caning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $1,600). 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 -laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. CONSIDERATIONS: The required easement is located on the north side of Golden Gate Boulevard (Unit 78, Golden Gate Estates) and contains a total of 2,175 square feet or 0.05 acres. Using the most recent, comparative sales data, the Growth Management Division's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property estimating its current market value at $425 ($8,500.00 per acre). The current / 2009 assessed value of the needed easement area is $1,250.00 ($25,000 per acre). On June 16, 2010, Collier County Transportation Division invited the owner, James Showalter, to discuss the sale of the required easement to the County. On or about June 21, 2010, Mr. Showalter contacted the assigned Property Acquisition Specialist to discuss the County's invitation. Through continued negotiations, the owner has agreed to sell the required easement to Collier County for the purchase price of $1,250.00 (at the exact current / 2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from Mr. Showalter for the purchase price of $1,250.00, 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 are cooperating with staff so there are no expert or attorney fees. Moreover, 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 of their property to the government, to be paid at least the value upon which they were taxed by the government. The easement agreement was negotiated at the current / 2009 assessed value prior to the publishing of the preliminary 2010 assessed values on July 15th. Agenda Item No. 16A24 July 27, 20'10 Page 2 of 16 FISCAL IMPACT: The fiscal impact is in an amount not to exceed $1,600.00 and includes the $1,250.00 negotiated purchase price; a title search fee, a title insurance premium lender subordination fees, and recording fees not to exceed $350.00. Source of funds are road impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. RNZ 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 No. 489RDUE 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 perfonnance 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: Sonja Stephenson, Property Acquisition Specialist, Right -of -Way Acquisitions, Transportation Engineering, Growth Management Division Attachments: (1) Easement Agreement with Exhibit "A'; (2) Location Map; (3) Appraisal (4) 2009 Final Tax Roll Agenda Item No. 16A24 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A24 Item Summary: Recommendation to approve the purchase of a Perpetual. Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel 489RDUE), which is required for the four- laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact $1.600). Meeting Date: 7/27/2010 9.00:00 AM Prepared By Sonja Stephenson Property Acquisition Specialist Date Transportation Engineering & 71712010 11:35:46 AM Transportation Division Construction Management Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 71812010 3:58 PM Approved By Jeff Klatzkow County Attorney Date 71912010 3:24 PM Approved By Najeh Ahmed Director - Transportation Engineering Date Transportation Engineering & 711212010 9:50 AM Transportation Division Construction Management Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering & 7I12i2010 1:13 PM Transportation Division Construction Management Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 7!12;20101:59 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7/1212010 4:21 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering 7113!201010:43 AM --� Transportation Division Construction Management Approved By Agenda Item No. 16A24 July 27, 2010 Page 4 of 16 Norm E. Feder. AICP Administrator - Transportation Date Transportation Division Transportation Administration 7113/2010 1:59 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 7/1412010 10:24 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/14/2010 11:19 AM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/1612010 12:50 PM Approved By Mark lsackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/1612010 5:14 PM Agenda Item No. 16A24 July 27, 2010 Page 5 of 16 PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 489RDUE FOLIO No(s): 40745840006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2010, by and between JAMES C. SHOWALTER, a married man, whose mailing address is 4380 2nd Avenue NE, Naples, Florida 34120 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political 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 Road Right -Of -Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to 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. Owner shall convey the Easement to Purchaser for the sum of: $1,250.00 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) Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility Easement; Agenda Item No. 16/24 Page 21uly 27.2 10 Page 6 o 16 (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. 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 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. 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. Agenda Item No. 16A24 Page 3)uly 27, 2010 Page 7 of 16 (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. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the 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, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Agenda Itom No. 16A24 Page 4)uly 27, 2010 Page 8 of 16 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10 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. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to 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.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, Chairman P.genda Item No. 16A24 Page 5)uly 27, 2G)10 Page 9 0 16 AS TO OWNER: DATED: G ness (S ature),) JA ES C. S O LTER a` �, Witness ( nature) �jtOSs UwrL.w Name (Print or Type) Approved as to form and legal sufficiency: �) Assistant County Attorney Last Revised, 2119109 Agenda Item No. 116A24 July 27. 2010 e10of16 P f � - � I I a ! I N W +E ge SHOWALTER NUNEZ & NUNEZ S OR 2737/3359 OR 3651/3237 BREIBCHAFi SHOwALTFR 1 p OR 669/1607 OR 2596/677 j WEST 75' OF EAST 150' OF TRACT 72 TRACT 55 TRACT 72 TRACT 73 a p GOLDEN GATE ESTATES # UNIT 78 PLAT BOOK 5 PAGE 16 i - I a PROPOSED ROADWAY FASEMENT PARCEL 4 ROUE 2 17 SO I r 29 50' 302,00 303.00 304, W , C 306 00 307f00 GOLDEN GATE BOULEVARD (CR 876) SO. FT. SQUARE FEET OR OFFICIAL RECORDS (900K /PAGE) PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDLE) TECM _ ROW !T]- EXISTING ROADWAY EASEMENT DEDICATED TO ?HE P[RPE "UAL USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 15 FEB 0 1 2010 LEGAL DESCRIPTION FOR PARCEL 489 ROUE A PORTION OF TRACT 72. GOLDEN GATE ESTATES. UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, F'_ORIDA. LYING IN SECTION 4 TOWNSHIP 49 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICJLARLY DESCRIBED AS FOLLOWS. THE NORTH 29 :CET OF THE SOUTH 79 FEE" OF THE WEST 75 ^FFT OF THE EAST 150 FEET OF SAID TRACT 72. CONTAINING 2,175 SOUARE FEET, MORE OR LESS. a 40 so 1e0 SKETCH k DESCRIPTION ONLY a I, t wevl NOT A BOUNDARY SURVEY SCK[Z C -M, S101AM0 I., FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS n °eninw °c` am°rwarmwiu xm Rwc 35m sut °F IN,1P1sy GOLDEN GATE BOULEVARD , )� �A SKETCH k DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C Its ZVOIL `QY6�1P � Mftw.. i PARCEL 469 RDUE eet0vw°`.nw alive. sa e0° COLLIER COUNTY, FLORIDA Inel rm. wa`A Ml F+Vis rtro IAx, aMel MTaMe LB M.: M!t JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE OPIE DRAWN BY FILE NAME 54EET 050217.O0.OI 000] REV O1 04 49 28 1" 80' DEC 2009 S.R. SK 489 1 OF 1 Von LAND APPRAISAL REPORT Parcel 489RDUE Borrower Owner. Showalter Census Trap 112.02 Map Reference S4- T49 -R28 Property Address N/$ Golden Gate Blvd City Naples County Collier Stoic FL Zip Code 34120 Legal Descnpbon Golden Gate Estates Unit 78 E 75h of W I Wit of Tract 72 $ale Price E N/A Date 01 Sale N/A Loan Term NIA yrs. Property Rights Appraised L'Y Fee ❑ I-muchold ❑ De Mammas PU Actual Real Estate Taxes $ 340.74 (yr) Loan charges to be paid by seller 5 N/A Other sales concessions N/A LEntler /Ciietd Collier County GovlGrowlh Manaoament Dr, Address 2885 South Horseshoe Drive N.211, FL 34104 Dccupam vacant Appraiser Harry Henderson SRA Instructions to Appraiser Estimate Market Value Parent TrecVPartial Take Folly #40745840008 Subject tract is unim roved LOcaaon _ Urban Suburban _: Rural G Good Avg. Fair Poor (')From vacant To single -family P Protection from Detriments l Conditions ❑ IZ L] ❑ Comments including chase factors, favorable or untavOrablE, aflectiw marketability (e. g. public parks, schools, view, w wise) See attached addered. Oimensiens 75 x 680 - 1.17 Sq. R. or Acres ,� Corner Lo Zoning classification Estates (2.25 acre cpnform'no lot s re m 1 Resent lmpMremMS ®d0 _& do not contorm to zoning repulatian5 Highest am best use -3 Present use Otter sRedly) Eventual single - family development. Subject Wt is a Tarr- cordormem lot of rewrd. Public Order (Describe) OFF SITE IMPROVEMENTS [Tape Level Ekc. Sliest Access ❑ Public ❑ Prints Sae Compatible with area Gas Surface Macadam Shape Recta hoar Wain Maintenance �X Public r' Private View Neighborhood San. Sewer ❑ Storm Sewn l` —I Cnb/GUIW Drainage arts to be acre uafe ❑ Underground Elect B Te, 1 Sidereal k Sood A. lBl PMpany IDCA*d his Fang MngByd Specyl Flood Nand Am? 'ZNo ❑aN Comments flavmable or unfaverave indudbg any appal adverse easemems,encmaMmat6, o other adverse cundarom) Zone D, Comm #120067CO250G old 11/17/05 No adverse contlitions observed- Typical madwa and /or parameter utility easement exist on the "a these ere common in the area end do not im alit value. The undersigned has roc and me recem Sales ce prepeNes most analar end Vorde are to stowicn and has comidered these In the market analysis. Tfe dncnpUon inclu Es a da r adjustment sleeting manor action le India Items a significant volatile between the soNea and cork", p'epem5, q a npd6cam dam In the cum aided, panel Is supelR t0 Or man IaveraNe thin the sued, properly, o mires I -) adjustment N made 1M15 resouWig Me Modest value be subject', II a shruicard been In to compatible 6 laelof to W as favorable than the subject property, a plus I +) adjustment Is made Ups increasing idle Indicated value of the s rblect. ITEM SUBJECT PROPERTY C COMPARABLE NO. 1 M MPARABLE N .2 C COMP LE N 3 Address N/S Golden Gate Blvd 4 4270 22nd Avenue NE N N/S 58th Avenue NE 3 3421 56th Avenue NE Proxima to Subea - -^^-.^ ti�il` r :w 0 0.49 miles N 1 1.94 miles W 1 1.82 miles SW $ales Rice N N/A ^ ^t -- 8,333 /ac f f4dIF❑ ! - 7143/ac ^ ^+--,_ 10852 /ac Date of Sale an0 D DESCRIPTION D DESCRIPTION +- Ad un. D DF.SCP11 ION +- A4ust D DESCRIPTION +- au Io, N/A 3 3/10 3 3/10 3 3/10 Lot"'00 G GGE S Similar S Similar S Similar rte iew 1 1.17 acres 1 1.14 acres in $lac 2 2.73 acres a acres In $ /ac on, E Estates E Estates E Estates E Estates Sales or Financing N N/A C Cash or Equiv. C Cash or E uiv. Cash or Equiv. Net Ad. oral I I + Indicated Vatoe < < r - - o Comments and Conditions of Appraisal: Subject and comps are tl $/ t b P m t tract Land V i 17 acres x $8 500 /acre - $9,945 See attached Llmhln Conditions Fetal Reconciliahon'. Takm arcel:.05 aces z $8 500 $$425 No sole ha rovaments no dame es. Total Compensation: E425 r senskare rxe rsaser vnue, ss sensep, out eueaspr raorawrr si or May 28 2010 to be $ 425 Ham Henderson SPA r- -- - _ � Did J Did Not Physically Inspect Property A raisers RBwaNA mlSEr dalcabe fY2p Collier County Government Form LND — ^WinIDTAC appraisal software by a la matle, Inc — 1 -BOG ALAMODE Agenda Item No. 1 July 27, e13 Suoolemental Addendum File No. Parcel 489RDUE Banawer /Cheri Owner Showafter Pro Atltlress N/5 Golden Gale Blvd CRY Naples courry Collier State FL li Cade 34120 Lender Collier Country Gov/Gmwth Management Div. • Land - Neighborhood Market Factors The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate Boulevard. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type single-family hormaltas (1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive into greater Naples to the west. Maintenance levels in the area are generally average. • Land : Market Data The subject and comps are compared on a unit/prim ($ /acre) basis. This method eliminates the need for direct sin 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 owners every benefit of the doubt. The indicated unit prices range from $7,143 1acre to $10,852 /acre; given the comparison criteria discussed, a unit price of $8,500 /acre is selected as reasonable for the underlying unillprice value for the parent tract lands. Parcel 489RDUE The subject parcel is a 29 ft -wide ROW strip located on the south side of the parent tract along Golden Gate Boulevard. The size of the taking parcel is 2,175 at or .05 acres. At the appraised unit/price of $8,500 1acre the subject parcel has a direct land value of $425. No site improvements or damages are associated with this taking parcel. The subject parent tract is unimproved. The Total Appraised Compensation associated with the taking of parcel 489RDUE Is estimated to be: Li Form TADO — WnTDTAL- appraisal sullware 0y a Is mode, inc. —1- 800- AtAMODE 10 16 Agenda Item No, J24 July 2710 e 14 16 DEFINITION OF MARKET VALUE: The most probable once wheat, a property should bring in a competitive and open market under all conditions requisite to a lair sale, the buyer and seller, each aping prong iy, knowledgeably and assuming the price is rot affected by urque stimulus. Implicit in this definition is the consummation of a sale as of a slashed date and the passing of title from seller to buyer under condbtionn whereby'. (1) harlot and antler are typically motivated: (2) Will parties are well informed or well advised, aM each sating in what he considers his own best immesh, (3) a reasonable blue is clewed for exposure in the open market: (4) payment is made in terms of cash in U.S. dolars or in terms of financial arrangements comparable Ireland', and (5) the pace represents the normal consideratldn nor (be property sold unatlecfei by special or creative thousand or sales Ce1cesNons' granted by anyone associated with the sale. Adjustments to the compambes must be made tar special or creative financing or sales concessions. No adjustments are necessary for those cost which are planar paid by sellers as a result of tradition or law in a marke area these cosh are triply tderRifiable since the seller pays these costs in Vfripay all saes hapactsns. Special or creative Thai adjustments can be made to the comparable property by comparisons to financing terms offered by a third parry instrational fonder that is not already involved in the properly or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cat of the imposing or Concession but the dollar amount of any adjustment should approximate the market's reaction to are hipping or concessions based on the appraiser's pogement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's soundatlof that appears in the appraisal repan is subject to has joining condNons'. I . The appraise will not be Imputable for matters N a legal nature that affect either the property bang appraised or the thre to d. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions shoot the tae. The properly is appraised on Ue basis of it being under Pascal ownership. 2. The appraiser has provided a sketch in the appraisal repan to show approximate dimensions of the lmpravemems and the sketch is included only to assist Ire reader at the report in vlsuall IN Properly and understanding the appraiser's determination of ds size. 3. The appraiser has examined the avaiable food maps that are provided by the Federal Emergency Management Agency for other data sources) and has noted in the appraisal report whether the subject site is boated in an handled Special Flood Hazard Area Because the appraiser is nth a aeveyar, he or she makes no guarantees, express or impiied, regarding and determination. 4. The appraiser will not give testimony or appear in coup because he or she made an appraisal of the property in question, ahead stations arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at it highest and best use and the impmvemens at (hair conhibotory value. These separate valuations of the land and improvements most not be used in cbryurrtion with any are appraisal and are real H dry am so used. 6. The appraiser has noted in the appraisal report any adverse sanctions (such as receded repairs, appreciation. the presence of hazardous wastes, toxic substances, etc) observed during the inspection of the subject property or that he or she became aware of owing the normal research immured in performing the appraisal. Unless chimeras slated in to appraisal report appraiser has no knowledge at any hidden or cheaper aafgNOns of the property or adverse emironm meal conditions (including the presence of hazardous wastes, toxic substances, Inc.) Mat would make the property more or less valuable, antl has assumed that there are no such cordibons and makes no guammess or warranties, express or implied, regarding the canddion of the property. The appraiser will not be madoeibe for any such conditions that do east or for any engineering or testing that might be required to discover wMlher such cmgitions exist. Because the appraiser is not an expert in the field of mrinormemai hazards, the appraisal repon must mE be considered as an environmental assessment m the property. 7. The appraiser allied the information. estimates, and opinions Nat were expressed in the appraisal mind Irom sources that he or she considers to be reliable and resole; them to be true aria correct. The appraiser does not assume responsibility for the accuracy of such items that were Wmisread by odor panes. 8. The appraiser will not disclose the contents of the appraisal report except as prbvieed for In the Uniform Standards of Professional Appraisal Practice. 9. The appraiser nos based his or her appraisal amid and valuation conclusion for an appraisal that is subject to 5atlsfadory completion, repairs, or alterations on the assumption that campletlon of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide ms or er poor wror consent before the leoden /diem specified in the promised report Can distribute the appraisal report (including conclusions apple the property call the appraiser's Itlem ty and professional designations, and relefeees N any prolesslopl appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and sessions; the mortgage insurer', consunams, professional appraisal organizations; arty date or fall approved financial instiMion: or any department agency, or instrumematity of the United States or any state or the Dishim N Columbia', except that the 1¢odenchuem may premium oe property description sechan Of the report only to data collection or repamng sewice(s) viohom having to obtain the appraiser's prior written cppem. The appraiser's written consent and approval must also be obtained before me appraisal can be conveyed by anyone to Net publtc through adveruslim PUNIC relations, news, sales, or otter media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 10043 6.93 Collier County Government Form AC3 — "WInIDTAL• appraisal software by a Is mode, ins. — 1- 800- ALAM00E Agenda Item No. 16? July 27, 2 IMdn Fee No Parcel 489RDDE Pabeai a 15 0 APPRAISER'S CERTIFICATION: The Appraisercedifl% and agrees 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 lot consideration in ON sales comparison Stages and have made a dollar adjustment when ammil ate to talked the market reaction to those dams of significant vanabon. If a significant Rem in a constable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales pace of the comparable and d a significant rem in a cornparapk property is hnenor to, or less favorable than the subject property, I have made a passive adjustment to increase the adlosted sales price of the comparable. 2. 1 have taken into eonsideraBOn the letters that nave an impact on value In my devNoproem of the numate Of market value in the appraisal report. I have not knowingly withheld any Signi IMOMMISOn from the appraisal report and I boat to the best of my khOwodge, that all stalemaldS and information In tie appraisal report are true and correct. 1 1 stand in the appraisal repel only my own personal, unbiased, and professional aroll opinions, and conclusions, which are subject only to the coningent and limiting condtions specified in this form. 4. 1 nave no present or prospective interest in the property mat is the subject to this repel, and I have no present or prospective personal interest or bass with respect to the participants in the transaction. I did not base, either partially or complefely, my analysis and/of the estimate of market value in the appraisal report on the rate, color religion, sex, handicap, familial status, or dropped origin of all l the prospective Owners or occupants of the subject property or of the present owners or tccupants of the properties in the vicinity of IN subject property. 5. 1 nave no present or contemplated future interest in the subject property, and farther my current or furore employment nor my compensation for performing this appraisal is canengent on the appraised value of the property. 6. 1 was not required to report a Predetermined wake or direction in value that lavers the cause of the event or any related parry, the amount Of the value estmak, the allainurd at a speed,, Star, or ON Occurrence of a Subsequent went In order to receive my commn5aiion andfor employment tar performing ON appraisal. I did not base the appraisal report on a requested minimum valuation, a spathe valuation, or the need to approve a spectic mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of professional Appraisal Practice that were adopted and poste lAakrl by the Appraisal Standards Board of The Appraisal Foundation and mat were in place as of the elective date of this appraisal, with the exception Of the departure provision of these Standards, which does not apply. I acknowledge that an estmae Of a reasonable ere lot prposal In to open market is a comdl6on in the def nflum at market value and the estimate I developed is Occurred with ON marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have postal inspected the Interior and ega'mr areas of he subject property and the No r of all prompt listed as corpor a6ks in the appraisal report. I further cemty that I have noted any apparent or known adverse condMOns in the subject prematrent5, an IN subject site, or on ant site wand the Immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse cmlditonS in my arelySiS of the property value to the extent that I had market evidence to support them. I have also commented about he effect at the adverse condArons on the marketability of the subject property. 9. 1 persotdhly prepared all condul and opinions about the real estate that were set forth to the appraisal report . f I muted an slgnitcant prafesskNl assistance from any individual or moividuals in the performance of the appraisal or the preparation of to appraisal report , I have named such indivi&nl(s) and disclosed the specific tasee performed by them in the reconciliation section of the appraisal report . I certty that any individual so marred is qualtied to soon he as0.5. I have not auhorved anyone to make a change to any dam in the report, Uterne, if an ma emarized change is made to the appraisal region, I win take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she ced8ies and agrees that: I all supervise the appraiser who prepared the appraisal region, have renewed the appraisal report, agree war the Statements and conclusion of the appraiser, agree to be bourn by the appraiser's ,educations numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appaisal report. ADDRESS OF PROPERTY APPRAISED: i Golden G to Blvd Naples, FL 34120 APPRAISER: SUPERVISORY APPRAISER (only It required): Signature. Signature. Name'. Harry Henderson SRA _ Name: Date Signed: May 28 2010 _ _ Date Signed State Codification d'. R03475 _ State Can' tion k: or State License k. or State Lcense At State. FL State: — Expiration Date of Certification or License :11130110 Expiration Date of Confiscation or License.__.. �J Did ._ -1 Did Not Inspect Property Freddie Mac Form 439 6 93 Page 2 of 2 Fannie Mae Farm 1004B 6.93 form ACR — 'NinTOTAL' appraisal sOttware by a Is mode, as: —1 600- ALAMODE 10 16 Details Property Record Aerial Sketches I Trim Notices Current Ownership Parcel No. 1407458 40006 Property Address 4265 GOLDEN GATE BLVD E Agenda 1[e;rPhhe1l56F1 July�7, 2090 Page 16 of 16 GOLDEN GATE EST UNIT 7 75FT OF E 150FT OF TR 72 4 �� 49 �� 28 1 Sub No. 349900 GOLDEN GATE EST UNIT 78 Use Code �� VACANT RESIDENTIAL 2009 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value ClIT29,250.00 Improved Value SOH Homestead and other Exempt Value (_) Taxable Value (_) School Taxable Value (Used for School Tax, SOH = "Save Our Homes" exempt value due to cap on increases. 80 11 6.4101 lap No. 172 34D04 Total School 11.6491 Ti Latest Sales History Date JI Book -Page 5-11-9 99 2596 - 677 The Information is Updated Weekly. #'Le�, G:� — ( ..'17 Amount littp: / /wv w. coIlierappraiser .com/Recoi-dDetail. asp ?Map= &Folic)ID-- 0000040745840006 3/22/2010