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Agenda 07/27/2010 Item #16A28Agenda Item No, 16A28 July 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. 363RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,911.00). OBJECTIVE: To obtain the approval of the Board of County Commissioners for the purchase of a Perpetual Non - Exclusive Road Right -of -Way, Drainage and Utility Easement which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard. CONSIDERATIONS: Parcel No. 363RDUE (a legal description and sketch of which is attached hereto) contains 9,690 square feet and is located on the south side of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. The parent tract property is owned by the William A. Martin Estate. Using the most recent, comparative sales data, the Division of Transportation's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area estimating its current market value at $2,113.00 (the appraisal is attached and is based on $9,500.00 per acre). The current / 2009 assessed value of the needed easement area is $5,561.00 ($25,000 per acre). On June 11, 2010, Growth Management staff mailed a letter to the owners inviting them to call to discuss the sale of the required easement to the County. The owners responded within a few days and requested information on current land values and inquired what the County was willing to pay. Through continued negotiations and after staff provided the owners with information on current market values and the current 2009 assessed values, the owners have agreed to sell the required casement to Collier County for the purchase price of $5,561.00 (at the exact current / 2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from the William A. Martin Estate for the purchase price of $5,561.00, 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. Agenda Item No, 16A28 July 27, 2010 Page 2 of 16 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. FISCAL IMPACT: The fiscal impact is $5,911.00 and includes the $5,561.00 as the negotiated price of the easement; plus title search, title insurance and recording fees not to exceed $350.00. Source of funds will be paid from road impact fees. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney and is legally sufficient for Board approval. -JAK GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. 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 once a properly executed Agreement has been received from the property owner and reviewed and approved by the office of the County Attorney; 2. Accept the conveyance oi'Parcel No. 363RDUE to Collier County 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: .loan M. Smith, sR,VA, Senior Property Acquisition Specialist, Right -of' Way Acquisition, Growth Management Division, Capital Construction and Maintenance, Transportation Engineering Attachments: (1) Easement Agreement with "Exhibit A "; (2) Property Location Map: (3) Appraisal Report; (4) 2009 Final Tax Roll Agenda Item No. 16A28 July 27. 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ISA28 Item Summary: Recommendation to approve the purchase of a Perpetual, Non- Exclusive Road Right -of- Way, Drainage and Utility Easement (Parcel No. 363RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No 60040 (Fiscal Impact: $5,911.00). Meeting Date: 7/27/2010 9.00:00 AM Prepared By Joan Smith Property Acquisition Specialist, Senior Date Transportation Engineering & Transportation Division Construction Management 7/7/2010 9:22:24 AM Approved By Jeff Klatzkow County Attorney Date 7/8/2010 1:29 PM Approved By Gary Putaansuu Project Manager, Principal Date -- Transportation Engineering & Transportation Division Construction Management 71812010 1:30 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 7112.12010 9:48 AM Approved By Lisa Taylor NianagementBudaet Analyst irate Transportation Division Transportation Administration 712/201C 149 PM Approved By Nick Casalanauida Director - Transportation Planning Date Transportation Division Transportation Planning 711212010 4:19 PM Approved By Kevin Hendricks Manager - Fight of Way Date Transportation Engineering & Transportation Division Construction Management 7//22010 b.2F PM Approved By -- Norm E. Feder, ;10P Adminisr.aio. - Transportation Date Transportation Division Transportation Administration 71. Y201 1:57 PIN Agenda Item No_ 16A28 J U I V 27, 2010 Page 4 of 16 Approved By Natali Betancur Administrative Assistant Gate Transportation Division Transportation Road Maintenance 7114/2010 5:46 AM Approved By OMB Coordinator Date County Managers Office Office of Management & Budget 7/14/2010 11:15 AM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Office of Management &Budget 7116:2010 8:17 PM Budge[ Approved By Mark Isackson Management/Budget Analyst Senior Date Office of Management & Office of Management &Budge[ 7l 711-010 1 :00 PM Budget PROJECT. 60040 PARCEL No(s). #363 FOLIO No(s):porron of 40927760001 and 40927840002 EASEMENT AGREEMENT Agenda Item No. 16A28 July 27, 2010 Page 5 of 16 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 20_, by and between WILLIAM A. MARTIN ESTATE, CIO DOROTHY MARTIN, Personal Representative, whose mailing address is P O. Box 480, 168 Scenic Heights Drive, Blue Ridge, Georgia 30513 -4498, (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. 2. Owner shall convey the Easement to Purchaser for the sum of $5,561.00 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 Agenda Item No. 1 Page 2-July 27, Page 6 (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. 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 riot 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. (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 entry 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. i10 16 Agenda Item No. 16A28 Page B my 27, 2010 Page 7 of 16 (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. 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 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. Agenda Item No. 16A28 Page guly 27, 2610 Page 8 of 16 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY Deputy Clerk FRED W. COYLE Chairman AS TO OWNER DATED: Witness (Signature) Name (Print or Type) - �itness (Signature) gg Name (Print or Typej Approved as to form and legal sufficiency. Assistant Countv Attorney 1 ast 2 /19/04 WILLIAM A. MARTIN ESTATE DOROTHY MARTIN, individually and as Personal Representative s i s TRACT 72 GOLDEN GATE BOULEVARD (CR 876) 216,00 21),00 919-00 21 MC VORRAN CR 1631/5011 i I PROPOSED ROADWAY EASEMENT PARCEL 363 ROUE I,6 o so n TRACT 73 GOLDEN GATE ESTATES UNIT 81 PLAT BOOK 5 PACE 19 uAST 255' OF TRACT 73 K9AFFN OR 998/1967 & 108 / 773 N W � _ E N Agenda Item No. 16A28 July 27, 2010 TRACT 95 1 OR i=FICIAL RLCC4D5 (HOO<j PAGE) SO, 7 SQUARE FEFT PHOPOFED POAD'UAY ORAINAGF AND U111 IT, U(91MFIJT (RDUE) E]IS71NG HCf WP CEL1 NT DE01CdTEf, TO THE PERPETUAL Ur_ OF THE �F , 'ER Ai P01W T -, TAGE 'O LEGAL DESCRIPTION FOR PARCEL 363 RODE A Fn IIGN 0` TRACT T ',.)iDEN CITE FSIATFS, LiFF 6' 'I. RECORDED p- IAI PaOY 5, -'AGL 19 OF THE PUBLIC RECCHDS OF CO. LISP CCUC*v F',DR.DA. LYING IN E.-. -ION 6 TOANSHP 49 60_1H. RANOE 21 `.AST, COLLIER UATY, T P3A. BE,N MCI-_ PAHTICII,A,HY OFS RIR_D A 10 LCwS 1HE bCUP, '8 FEET ^,F T1'.F NOR1H 83 FEET OF LIL EAST .'_ 'EFT OT =;AII PAST )N TAITJ'P 1 30 9..1 FI =T, MICE' HE TECM - ROW FEB o 1 2010 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY srel,e. 1' -en' n nw Sm rou �I� f�rva. von s' NTE PP G FOR. COLLIER COUNTI GOVERNMENT BOAPC OF ^_OONIV COMMISSIONERS rvom (n oeiM.uL Lq6 PITEFE8 a10 �sm waossm sea or Ef 9�q.N V 0 —PER GOLDEN GATE BOULEVARD SKETCH & DESCRIPTION OF PROPOSED ROADWAY FASEMFNT corasunneuo 6'ml Popmp 1 \ 11 Srngle(l M�q PARCEL 383 RDUE fis�owww wn om.. sdW mo COLLIER COUNTY, FLORIDA md••, Elomano9 VMne:(ZJ815B> 05]5 F.V (}99159]p516 LtIW'695s JOr3 r(UF1 'CF Rf.'JISIC, - �TIO "i V /N_1,.1� iiT.VG_ S- LET C�H'E Ur�AT/N H" FILE NAME $F[EI L.J217 pO.U1 0001 P.N OI E IT 2 t" - A ]EC 4009 C.W.J. SP 5E3 T Of ' 9of16 I S t; w ti w .r t?? u,� �iu '. ri v •4tv t .�, lc .�� ?r ln.i . . Zl LAND APPRAISAL REPORT Main File_N✓o. Pra�eL35,3gp i e 1 16A28 GG� I h�It1 27, Hlemo Parcel 3s3tiDi� 2010 1 of 16 Borrower Owner: Martin Est Census Tracl 112.02 Map Reference S7-T49-R28 y Property Address S/S Golden Gate Blvd City Naples County Cipher State. FL Zip Code 34117 - Legal Description Golden Gate Estates Unit 81 E 180ft of Tract 73 plus E 75ft of Tract 73 OR 1085 PG 773, OR 998 IFG 1967 Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised xl Fee ❑ Leasehold De Mlnimis FUND Actual Real Estate Taxes $ 1,159.09 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A Lender /Client Collier County Gov /Growth Management Div. Address 2885 South Horseshoe Drive. Naples FL 34104 Decadent vacant Appraiser Harry Henderson SRA -Instructions to Appraiser Estimate Market Value Parent Tract/Padial Take Folio #40927760001',40927840002 Location [— Uman ❑ Suburban Rural Good Avg. Fair Poor Bar up E_ Over 75% 25% to 75% - Under 25% Employment Stability ❑ ❑ ❑ ❑' Growth Rate Fully pea Rapid " Steady it Slaw Convenience to Employment ❑ [51� ❑ Property Values Increasing Stable Declining Convenience to Shopping ❑ E ❑ DereantllSupply ❑ Shortage ' In Balance [? Oversupply Convenience to Schools ❑ Marketing Time ❑ Under 3 Mos. 4-6 Mos Over 6 Mos. L Adequacy of Public Transportation ❑ © 1:1 1 Present Land Use 60% 1 Family % 2-4 Family %Apts. %Condo is Commercial Recreational Facilities [71 © ❑ % Industrial 40% Vacant Adequacy of Utilities ❑ [1] —% — _ • Change in Present Land Use �_i Not Likely [ Likely (') [_ Taking Place I -) Property Compatibility I Z - From vacant To single- family Protection from Mineral Conditions L✓ M ❑ h Predominant Occupancy Owner I _ Tenant --% Vacant Police and Fire Protection (_, M Single Family Price Range $.60.000 to $ 230,000 Predominant Value $ 115.000 General Appearance of Properties Z I] - Single Family Age 1 yrs. to 25 yrs. Predominant Age 10 yrs, Appeal to Market [_, © ❑ renal See attached addenda. Comments including those factors, favorable or de alershle, offering marketability (e.g. public parks, schools view, Dimensions 255 x 680 = 3.98 Sq. Ft. or Acres i__ Garner Lot Zoning classification Estates (2.25 acre conforming lot size min.) Present Improvements Is! de '.'A do not conform to zoning regulations Highest and best use _' Present use OtherLspecby) Eventual single- family development - -_ r❑ Public Other (Describe) OFF SITE IMPROVEMENTS Tape Level Else [_ Street Access XPublic [ Private !Site Compatible with area Gas Surface Macadam I Shape Rectangular Water ❑I Maim_ enance [>] Public [ _. Private View Nei hborhood San. Sewerr J Storm Sewer Curh/GNter Drainage Appears to be adequate ❑ Underground Elect Is Tel Sidewalk �`i Sheaf Lights_ I Is the property located In a HUD Identified Special Flood Hazard Area? YNO_IYEE Comments (favorable or unfavorable including any apparent adverse treatments encroachments m ether adverse conditions). Zone D, Comm #120067CO250G did 11117105 No adverse conditions observed. Typical road ay and/or parameter utility easements exist on the site; these are common in the area and d_e__ _ not impact value The undersigned has recited three recent sales at progenies most similar and proximate to subject and has considered these in the market analysis The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the surged and comparable properties. If a sigedicant item in the comparable property is superior to or more leverage than the subject property, a minas 4j adjustment Is made thus reducing the Indicated value of subject d a Inhalant Item In the comparable is interior to or less favorable than the subject property, a plus (+) adjustment le made Mos Increasing the indicateo value of the sublecl. ITEM I SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE N0.2 COMPARABLE N0.3 Address S/S Golden Gate Blvd S/S 22nd Avenue NE N/S 58th Avenue NE S/S 22nd Avenue NE Naples FL 34120 Naples, FL 34120 rh Ies, FL 34120 Naples, FL 34120 Proximity to Sul ect 0.49 miles N 1 94 miles W 1.82 miles SW Sales Price S N/A IS 9_158/ac 7 1431a IS 9.697 /ac Price Gross 5 S 25.000 22.000 Data Source _ MLS4209033284 MLS #209030557 MLS #210013582 Date of Sale and DFSCRIPTION DESCRIPTION - Adust. DESCRIPTION + - Ad usl DESCRIPTION a l Time Adjustment N/A 3/10 Similar 3/10 5110 Location GGE Similar • Sil &View 3.98 acres 2.73 acres in $/ac 2.73 acres in $lac 2.27 acres in $ /ac Topography Level/natural Estates Level /natural Estates Levelmod. al Estates Level/natural Zoning Estates Sales or Financing N/A Cash or Equiv_ Cash or Equiv. Cash or EquN. Concessions Net Ad. ofal L- -+ I_. $ $_ -_. _ _I $ ---- Indicated Value _ of Subject $ 9,158 $ 7.143 $ 9.697 Comments on Markel Data. See attached addenda. Comments and Conditions of Appraisal'. Suble_ct and comps are compared on s $/acre unit basis. Parent tract Land Value. 3.98 acres x $9.50Wacre= $38.000 rounded See attached Limiting Conditions. Final Reconciliation Taking. parcel 2224 acres x$9500 _ =$2113 _ Noslt�rovements, no damages. Total Compensation: $2,113 PROPER" I ESTIMATE THE MARKET VALUE. E lS DEFINED, OF SUBJECT 188PEX AS OF Mae 2$ 2010 to be $ 2,113 Harry Henderson. SRA _ __ __ _ !_', Did I _'. Did Not Physically Inspect Property Appeaisar(s) Review Appraiser (if applicablel UPKJ Collier County Government Form LND - "WInTOTAL" appraisal software by a Is mode, up - 1- 800-ALAMODE Supplemental Addendum Main File No. Pa SpU PF # GA28 _ File NO. Parcel 363RDUETcJUIY 227, 2010 row""",nt Owner. Madin Est 12 Of 16 P_raperty Aatlress S/5 Golden Gate Blvd ___ CCity _ Naples _ _ Cou_ty Collier _- _ _ Stale FL Zip Gode 34117 � e ber C II er County Gov /Growth 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 homesites (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 : Markel Data The subject and comps are compared on a unit /price ($ /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 properly owner's every benefit of the doubt. The indicated unit prices range from 57,143 /acre to $9, 6971acre', given the comparison criteria discussed a unit price of $9,500 /acre is selected as reasonable for the underlying uniVprice value for the parent tract lands. Parcel 363RDUE The subject parcel is a 38ft -wide ROW strip located on the north side of the parent tract along Golden Gate Blvd. The size of the taking parcel is 9.690 sf or .2224 acres. At the appraised unit /price of $9,500 /acre the subject parcel has a direct land value of $2,113. No site improvements or damages are associated with this taking parcel. The Total Appraised Compensation associated with the taking of parcel 363RDUE is estimated to be: $2,113 Form TADD — "WinIDiAC appra:sa software by x la motle, mr - 1 800 ALAMODE Main File NgP,ay�e�t r- 16A28 July 27, 2010 Page 13 of 16 DEFINITION OF MARKET VALUE: The most probable price which a property should bring In a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Impbch in this definition is the consummaron at a sale as of a specified date and the passing of title from seller to buyer under conditions whereby'. (1) buyer and seller are typically motivated, (2) both parries are well informed or well advised, and each acting in what he considers his own best planted, (3) a reasonable time is allowed for exposure in the open market (4) payment is made in terms of cash In V.S. dollars or in terms of financial arrangements comparable thereto'. and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area, these casts are readily Identifiable since the seller pays these costs in vinually all sales transactions. Special or creahve financing adjustments can be made to the comparable prop" by comparisons to financing terms offered by a third parry institutional lender that Is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cast of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based an the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following dialects 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is 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 the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subleot site is located in an identified Special Flood Hazard Area Because the appraises is not a surveyor, he or she makes no guarantees, express at implied, regarding this determination. 4. The appraiser will not give testjmony or appear in court because he or she made an appraisal of the property In question unless specific arrangements to do so have been made beforehand. 5- The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not he used in conjunction will any other appraisal and are invalid if they are se used 6. The appraiser has noted in the appraisal repel 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 Paratroop the appraisal. Unless otherwise stated in the appraisal repart the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse Environmental conditions (including the presence of hazardous wastes, tone substances, etc.) that would make the properly mare or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the drapery. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whettwr such conditions exist Because the appraiser is not an exper in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the properµ Z The appraiser obtained the Information estimates . and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by Omer parties 0. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal repart and valuation conclusion for an appraisal that is subject to satisfactory completion. repairs, or alterations an the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior wnhor consent before the tender client specified in to appraisal reran can diamond the appraisal repom (including conclusions about the property value, the appraisers Identify and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower', the mortgagee or its successors and assigns', the mortgage Insurer; consultants', professional appraisal organizations, any state or federally approved financial institution. or any department agency, or instrumentality of the United States or any state a the District at Columbia) except that the lender /client may dlstlhute the property description section of the, report only to data collection or Sanrtmg sempe(s) without having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before me appraisal can be conveyed by anyone to the public through Ememsing public relations, news, sales. or other media Freddie Mac Form 4396 -93 Page 1 of 2 Fannie Mae Form 1004B 6 93 Calker County Government Farm ACR — "WinTOTAL" appraisal software py a Is made, up. — 1- 800-ALAMODE Mpjn.FUeNo. Pa¢e1363RQUE' Paoe aA 16P,28 July 27, 2010 Page 14 of 16 APPRAISER'S CERTIFICATION: The Appraiser carriers and agrees that 1. I have researched the subject market area and have selected a minimum at three recent sales of properties most similar and proximate to toe surfed property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to truest the market reaction N those items of significant version If a significant item in a comparable property Is superior to or more favorable than, the subject progeny. I have made a negative adjustment to reduce the adjusted sales price of the comparable and if a significant 'item in a comparable properly is interior to. or less favorable than the subject property. I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors teat have an Impact on value in my development of the estimate of market value in the appraisal report I have net knowingly withheld any significant Information from the appraisal report and I believe, to the beet of my knowledge that all statements and information an the appraisal report are true and correct. 3. t stated in the appraisal report only my awn personal, unbiased and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting condhions specified In this form. 4. 1 have no present or prospective Interest In the probably that is the subject to this report, and I nave no mesent or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis ander the estimate of market value in the appraisal report on the race, color, religion, sex. handicap, Terminal status, or national origin of either the prospective owners or processors of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the SLJI t property . and helmet my current or future employment nor my compensation for performing this appraisal Is contingent on the appraised value of the, properr, . 6. 1 was not required to report a predetermined value or direction in value Mal favors the cause di the client or any related pare, the amount of the value estimate, the attainment of a specific result the occurrence of a subsequent event in order to receive my Compensation and /or employment for performing the appraisal. I did not base the appraisal noon on a requested minimum valuation a vaccine valuation, or Inc need fo approve a specific mortgage loan. 7 1 performed this appraisal in conformity with the uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Beard of The Appraisal momentum 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 of a reasonable time for exposure in the open market is a condition in the definition at market value and the estmate I developed is consistent with the marketing time noted in the neighborhood section of this report unless I have otherwise stated in the reconciliation section. B. 1 nave personally inspected ire interior and exterior areas of the sublem property and the earlier Of all properties listed as eprmparables in the appraisal report. I further certpy that I have noted any apparent Or known adverse conditions m 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 mane adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property 9 I personally prepared all conclusions and opinions about the real estate that were set loan in the apprehend report . If I felled on significant professional assistance from any individual or Individuals in the penormance of the appraisal or the preparation of the appraisal report nave named such individual(s) and disclosed the specific tasks groomed by them in the reconphialmn section of this appraisal report I certify that any individual sit named is qualified to ramonn the tasks. I have not authorized anyone to make a change to any hem in the report l therefom it an unauthonred change is made to the appraisal report. I will take no res er nsibl'hy for it SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appraiser signed the appraisal raper he or she Feral and agrees that. I directly supervise the appraiser who prepared ME appraisal report have reviewed the appraisal report. agree with the statements and conclusions at the appraiser, serene be bound by the appraiser's certifications numbered 41hmugh 7 above, and am taking full responsibility for the appraisal and the appraisal report ADDRESS OF PROPERTY APPRAISED: SIN Golden Gate Bryd., Naplirm FL 34117 APPRAISER: SUPERVISORY APPRAISER (only if required(: Sonature: Name. Harry Henderson SRA Cate Signed May 28 2010 State Cerification #. RCa3475 Of State f license n. State FL Expiration Date of Certification or [license 11/30/10 Furpme Mac Form 4396 93 Sionature. Name Date Signed' _ Sate. Cenuication H. or state License #. State Expiration Date of Destruction or License Did Dirt Not Inspect Factory Form ACR — 'WinTOTAL' appraisal Samaria by a Ia mode, Inc. —1 -800 ALAMODE Mae Form r7975a Lem GOLDEN GATE BOULEVARD (CR 876) July Page 1 t+ool 2 16 +80 217,00 218 +80 21 +80 228 +0 — R I PROPOSED ROADWAY EASEMENT F PARCEL 363 ROUE 9.cao so n. I S TRACT 73 GOLDEN GATE ESTATES _ 1 TRACT 72 UNIT 81 TRACT 95 PLAT BOOK 5 PAGE 19 EAST 255' OF TRACT 73 MC MORRAN OR 1631/501 MARTIN OR 998/1967 & 1085/773 I N W�E S OR OFFICIAL RECORDS (BOOK /PAGE) 50. FT. SQUARE FEET PROPOSED ROADWAY, DRAINAGE AND UITITY EASEMENT (RDL1E) �777��� EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL ILl.1J USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 363 RDUE A PORTION OF TRACT 73, GOLDEN GATE STATES, UNIT 81 AS RECORDED IN FIAT BOOK 5. PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLDH:DA, LYING IN SECTION 6. TOWNSHIP 49 SOUTH, RANGE 28 EAST, COL'_IER COUNTY, F(ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE SOUTH 38 FEET OF THE NORTH 88 FEET OF !Hl EAST 255 FEET OF CA .D -RACY 73. CONTAINING 9,690 SQUARE FEET, MORE OR ,`LS. TECH - ROW FEB 0 1 2010 o 40 80 160 SKETCH & DESCRIPTION ONLY MD PR slory 6VFvE oR n Ea . W X0. 5301 NOT A BOUNDARY SURVEY SC&IX 1' -e0 sGMNG ons: p FOR . COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS noIL e'.e A.STT R. P�ortss \laul7u /AASE a MOB PER sui ar GOLDEN GATE BOULEVARD SKETCH A, DESCRIPTION OF: PROPOSED ROADWAY EASEMENT comsu]LTI rSrt�c 8� . i t \ \L 1 9vwyrytMpq PARCEL 363 HOOP s6�D wluo. P.,x oa..,sw zro rLpla, rm.N. xlos COLLIER COUNTY, FLORIDA Pnol�..ln6l mruns 6,vazaol5asone LB W.: 6853 JOB NUMBER REVISION SECTION TOWNSHIP NCI SCAIF DATE fJRAWN PY FILE NAME SHEET 05021 /.00.01 0001 REV O1 49 29 1" — 80' DCC. 2C09 ^.W J. SK 1: 3 1 OF 1 16f 28 2010 5o 16 Details Agenda Itelp§� 4, 66- l y_ Page 16 of 16 Property Record I; Aerial �h Sketches II _Trim NoticesYy Current Ownership Parcel No. 40927840002 1 Property Address NO SITE ADDRESS Owner Namel MARTIN EST, WILLIAM A 3 Addresses o DOROTHY I MARTIN PR PO BOX 480 168 SCENIC HEIGHTS DR City BLUE RIDGE 11 Statell GA Zip 30513 -4498 Legal GOLDEN GATE EST UNIT 81 E 18OFT OF TR 73 OR 1085 PG 773 F Township Range Acres7N J Map No. Strap No. �- —Sec�tion L.J 49 28 2.81 4D07 350800 73 24D07 ijFi, I Sub No. 350800 GOLDEN GATE EST UNIT 81 '� Millaoe Area - tMillaae Total School Use Code � VACANT RESIDENTIAL BO 6.4101 11.6491 5.239 "See Instructions for Calculations 2009 Final Tax Roll Latest Sales History (Subject to Change) below 0 this If all Values shown equal J parcel was created after the Final Tax Roll Land Value $ 70,250.00 Date Book - Page Amount (�) Improved Value 0.00 06 / 1964 1065 - 773 —� $ 5,000,00 (_) Just Value $ 70,250.00 ( -) SOH Exempt Value 8 Other Exemptions $ 0.00 (_) Assessed Value $ 70,250.00 ( -) Homestead and other Exempt Value $ 0.00 Taxable Value $ 70,250.00 s � (_) School Taxable Value (Used for School Taxes) $ 70,250.00 £ SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. coIiierappraiser .com/RecordD-Itai1 .asp ?Map= &Folioll)- 0000040927840002 6/9/2010