Agenda 07/27/2010 Item #16A32Agenda Item No. 16A32
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. 481RDUE) 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: $1,590.00).
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 - ]ailing improvements to Golden Gate
Boulevard.
CONSIDERATIONS: Parcel No. 481RDUE (a legal description and sketch of which is
attached hereto) contains 2199 square feet and is located on the north side of Golden Gate
Boulevard between Wilson Boulevard and Desoto Boulevard. The parent tract property is owned
by Bruce Carlson and Peter Palos. 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 in the easement area at $430.00 (the appraisal
is attached and is based on $8,500.00 per acre). The current / 2009 assessed value of the needed
easement area is $1,265.00 ($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 easement to Collier County for the purchase price of $1,265.00 (at the exact current /
2009 assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement
area from Bruce Carlson and Peter Palos for the purchase price of $1,265.00, 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. 16A32
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 $1,590.00 and includes the $1,265.00 as the negotiated
price of the easement; plus title search, title insurance and recording fees not to exceed $325.00.
Source of funds will be paid from road impact fees.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's office and is legally sufficient for Board approval. — RNZ
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 Chainnan 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 of Parcel No.481RDUE 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 terns 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: Joan M. Smith, SWWA, 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 (tern No. 1GA32
July 27, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A32
Item Summary: Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of-
Way, Drainage and Utility Easement (Parcel No 481 RDUE) 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:
$1.590.00).
Meeting Date: 7/27/2010 9:00 00 AM
Prepared By
Joan Smith
Property Acquisition Specialist, Senior
Date
Transportation Engineering &
Transportation Division
Construction Management
7/912010 8:17:53 AM
Approved By
Jeff Klatzkow
County Attorney
Date
7/912010 3:16 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
-...
Transportation Engineering &
Transportation Division
Construction Management
7!1212010 9:51 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Engineering &
Transportation Division
Construction Management
71212010 12:47 PM
Approved By
Gary PutaanSlW
Project Manager, Principal
Date
Transportation Engineering &
Transportation Division
Construction Management
711212010 1:11 PM
Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Division
Transportation Administration
711'2010 2:12 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
7/12/2010 2:35 PM
Approved By
�- Nick Casalanguida
Director - Transnonction Planning
Date
Transportation Division
Transportation Planning
7'1 2:2010 4:26 PM
Agenda Item No. 1GA32
July 27. 2010
Page A of 16
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
711 3/201 0 1.39 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
7114/2010 1:04 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
711412010 1:36 PM
Approved By
Susan Usher
ManagementlBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
711912010 9:44 AM
Approved By
Mark isackson
Management /Budget Analvst. Senior
Date
Office of Management &
Budget
Office of Management & Budget
'119/2010 10:21 AM
PROJECT: 60040
PARCEL No(s): #481
FOLIO No(s): 40744280007
EASEMENT AGREEMENT
Agenda Item No. 16A32
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
BRUCE E. CARLSON, whose mailing address is 274 Abbeywood Lane, North Aurora,
Illinois 60542 and PETER PALOS, whose mailing address is 17901 Lawndale Avenue,
Homewood, Illinois, 60430, (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:
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:
$1,265.00
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. 16A32
Page 2July 27, 2010
Page 6 of 16
(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.
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. 16A32
Page Vuly 27, 2010
Page 7 of 16
(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.
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. 16A32
Page 4July 27, 2010
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:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
BRUCE CARLSON
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revis.d. 2119109
PETER PALOS
Agenda Item No. 16A32
Page 5July 27, 2010
Page 9 of 16
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LAND APPRAISAL REPORT
Main File NO. ? 1 " 16A32
G i I
eNO. Parcel aEl3 27, 2010 1 of 16
Borrower Owner. Carlson /Palos Census Tract 112.02 Map Reference S4- T48-R28
Property Address NIS Golden Gate Blvd
City Naples County Collier State FL Zip Cade 34120
Legal Description Golden Gate Estates Unit 78 E 75ft of W 18OR of Tract 54 OR 1733 PG 2144 -45
Sale Price S N/A Date of Sale N/A _ Loan Term N/A yrs. Properly Rights Appraised ❑ Fee 1 Leasehold [ L OF Miummis PUD
Actual Real Estate Taxes $ 340.74 NO Loan charges to be paid by seller S N/A Other sales concessions N/A
Lender /Client Collier County Gov /Growth Management Div. Atltlress 2885 South Horseshoe Drive Naples FL 34104
Occupant vacant Appraiser Harry Henderson SRA Instructions to Appraiser - Estimate Market Value Parent Tract/Parmal Take
Folio #40744280007 Shall anent tract is unim roved
Location ❑ Urban ❑j Suburban ❑ Rural
Go as Avg. Fair Poor
Bulk Up ❑ Over 75% ❑ 25% to 75% 1J, Under 25%
Employment Stability �_ I ❑ Z I❑
Growth Rate ❑ Fully Dev_ '❑ Rapid L 1 Steady 7' Slow
Convenience to Employment ' I Z L-;
Property Values increasing ❑ Stable �; Declining
Convenience to Shopping ❑ ® ❑' L]
Demantl/Supply ❑ Shortage �� In Balance ❑ Oversupply
Convenience to Schools -1 ® ❑ ❑
Marketing Time ❑ Under 3 Mos. -6 Mos. ❑ Over 6 Mos.
Adequacy of Public Transportation ❑ X I ] ❑
Present Land Use 60 %1 Family_ %2 "4 Family %Apts. %Cohen_ %Commercial
Recreational Facilities ❑ z ❑ ❑
_ _
%Industrial 40 %Vacam %
Adequacy of Utilities __ Q ❑ ❑
Change in Present land Use Not Likely Bely )') -1 Taking Place (`)
Property Compatibility L- X ❑ ❑
(') From vacant To single- family
Protection from Detrimental Conditions ❑ ❑ ❑_ ❑_
Predominant Occupancy ZOwner _ITenant _ %Vacam
Police and Fire Protection ❑ L j
000 115,000
Single Family Price Range $ 60 to $ 210.000 Predominant Value $
General Appearance of Properties ] '� ❑ ❑
Single Family Age 1 yrs -to 25 yrs. Predominant Age 10 yrs.
Appeal to Market '�_1� ❑ ❑
noise) See attached addenda.
Comments including those factors, favorable or unfavorable, affecting marketability is a public parks, schools, view,
Dimensions 75 x 680 = 1.17 Sq. Ft. or Acres `: Corner Lot
Zoning classdicatlon Estates (2.25 acre conforming lot size min.) Present Improvements FN do I� do not conform to zoning regulations
Highest and hest use '._ -1 Present use of foascri *subject lot size is substandard, this is a non-courformeng lot of record common for area
Public Other (Describe) OFF SITE IMPROVEMENTS Tapo Level
Else __ I Street Access >, Public ❑ Private She _Code with area
Gas i._j Surface Macadam Shape Rectangular
Water ❑ Maintenance 5; Public ❑ Pmard View Neighborhood
Salt Sewer ❑ ❑ Storm Sewer L_ Curb/Guffer Drainage Appears to be adequate
I❑ Underground Pool 8 Tel ui Sidewalk _L Street 411 Is the property located In a HUD IdertBied Special Flood Hazard Area? [ No Yes
Comments pavorahle or unfavorable Including any apparent adverse easements enmeachmen6 be other adverse sandionsf_ Zone DComm #120067CO250G, and 11117105
No adverse conditions observed. Typical d:I and /or parameter rithey easements exist on the site, these are common in the area and do
not impact value.
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered acres in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those Items N significant venation between the subject and comparable propeNes. If a signficanf item in the comparable proper, Is superior
to or more favorable than the subject property, a minus ( -) adjustment is made thus reducing Me indicated value of subject', t a significant item in the comparable Is inferior to or less
favorable Iran the subject property, a plus ( +) adjustment is made thus Increasing the Indicated value 01 the subject.
ITEM SUBJECT PROPERTY COMPARABLE NO .I _ COMPARABLE NO 2 COMPARABLE NO. 3
Address N/S Golden Gate Blvd 4270 22nd Avenue NE N/S 58th Avenue NE 3421 56th Avenue NE
Naples, FL 34120 Naples, FL 34120 No les, FL 34120 Naples, FL 34120
Proximity to Subject
0 49 miles N
1.94 miles W
1-82 miles SW
Sales Price
$ N/A
8,333/ac
7.143/ac
10.852 /ac
Price Gross
�
x9.500
19500
28,000
Data Source
MLS #210000931
MLS #209030557 -_ _ -__
MLS #209018236
Date of Sale and
DESCRIPTION
OESCRIPTIO_N + -1$ Adlat.
DESCRIPTION + - IS Adjust
DESCRIPTION I + - A Adopt.
- Time Adtustmem
N/A
3/10
3/10
3/10
Location
GGE
Similar
Similar
Similar
• Site abw
1.17 acres
_
1.14 acres /ac
2.73 acres in $ /ac
2.58 acres in__$lac
Ta o rd h
Level /natural
Estates
__ __ _in$
Level /natural
Estates
Level /natural
Level /natural
_
7mm
Estates
_
Estates
Sales or Financing
N/A
Cash or Equiv.
Cash ar Equiv.',
Cash or Equiv.,
Concessions
Net Ad. otal
+
+ - $
1 - S
Indicated Value
of Subject
$ 8.333
S 7.143
S 10,852
Comments on Market Data See attached addenda.
Comments and Condiuone of Appraisal: Subject and comps are compared on a $ /acre unit price. basis. Parent tract Land Value: 1.17 acres x
$8,500 /acre= $9,945
See attached Limiting Conditions.
final Reconciliation'. Taking parcel: .051 acres x$8,500 =8430 rounded) No site improvements no damages._
Total Com ensaticn: 5430
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF _ MaY 2B 2010 to be $ 430
Harry Henderson SRA '_ Did _. 1 Did Nor Physically Inspect Property
Apprami rls Review Appraiser If applicable)
(Y2KI
Collier County Government
Form LND — "WmTOTAL" appraisal software by a la mode, inc — 1.300- ALAMODE
Supplemental Addendum
LMFIIp NOg.. 16A32
hirNo Parcel 481RDUE July 27, 2010
Borrower /Client Owner: Carlson/Palos 12 Of 16
Property AQZlbbS N/5 Golden Gate Blvd
C_..___— ..___
Ity Naples ___ _ CourAy Collier Stale FL ZIp CoQe 34120
!.antler Collier Count Gov /Growth Mana ement 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 east of Everglades Blvd. 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 : Market 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 property owner's every benefit of the doubt.
The indicated unit prices range from $7,141acre to $10.852 /acre; given the comparison criteria discussed, a unit price of
$8,500 /acre is selected as reasonable for the underlying unit /price value for the parent tract lands.
Parcel 481RDUE
The subject parcel is a varying -width ROW strip located on the south side of the parent tract along Golden Gate Blvd. The size
of the taking parcel is 2.199 sf or .051 acres. At the appraised unit /price of $8,500 /acre the subject parcel has a direct land
value of $430. 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 481RDUE is estimated to be
430.
Form TADD— "Vyin iAL appraisal Software by a la more inc —1 -800 ALAMDDE
Main File No Paoe14B,7pOUE Pane #3
16A32
July 27, 2010
Page 13 of 16
DEFINITION OF MARKET VALUE: The most probable price which a property should tiring in a competitive and open market under all conditions
requisite to a fair sale. the buyer and seller, each acting prudenfy, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. (1) buyer and seller are
typically motivated, (2) both parties are well informed or well advised. and each acting in what he considers his own best interest, (3) a reasonable time is allowed
for exposure In the open market, (4) payment is made in terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto', and (5) the price
represents the normal consideration for the property sod unaffected by special or creative financing or sales concessions' granted by anyone associated with
the sale.
Adjustments to the cpmparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those casts which are normally paid by sellers as a fraud of tradition or law in a market area', these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third parry institutional lender that is not already involved in the
property or transaction. Any adjustment should not he calculated on a mechanical dollar for dollar cast of the financing of concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's requested 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 The 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 at 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 for other data sources) and has noted
in the appraisal report whether the subject site is located in an Identified Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not he used in conjunction with any other appraisal and are invalid if they are so used
6. The appraiser has noted in the appraisal recall any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc) observed during the inspection of the subject properly or that he or she became aware of dung the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or anappareot conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc) that would make the property mom 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 popery- The
appraiser will not be responsible for any such conditions that do exist or Ior any engineering or testing that might be required to discover whether such
conditions exist Because the appraiser is not an expert In the field of environmerfal hazards, the appraisal report must net be considered as an
environmental assessment of the property.
Z The appraiser obtained the information, estimates, and opinions that were expressed In the appraisal repod from sources that he or she considers to be
cliable and believes them to be true and correct The appraiser apes not assume responsibility tar the accuracy of such Items that were furnished by ether
panics.
8. The appraiser will not disclose the contents of the appraisal repel except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal repod and valuation conclusion ter an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner
10. The appraiser must provide his or her prior written consent before the dnde idient specified in the appraisal report can distribute the appraisal repel
(Including conclusions about the property value, the appraiser's Identify and professional designations. and coherent to any professional appraisal
organizations or the firm with which the appraiser Is associated) la anyone other than the narrower, 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 or the District of Columbia', except that the jenderlckent may disbibuts the property description section of the report only to data
collection or reporting servies(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can are conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 693
Collier Count, Government
Form ACR — "WmTOTAC appraisal software by a Is mode, in, — 1- 800-ALAMODE
Fannie Mae Form 1004B 6 -93
(Main @le No
10P.32
July 27, 2010
Page 14 of 16
APPRAISER'S CERTIFICATION: The Appraiser conifers and agrees that
1. 1 have researched the subject market area and have selected a minimum of tame recent sales of properties most smrlar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation If a significant hem In a comparable property is superior to or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and if a significant item in a comparable property is inferior to or less readable than the subject property, I have made
a positive adjustment to increase me adjusted sales price of the comparanle.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of marksq value in the appraisal tread. I have not
Knowingly withheld any significant information from the appraisal report and I believe to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. 1 have no present or prospective interest in the property that is the subject to this report . and I have no present or prospective personal interest or bias with
respect to the participants In the transaction I tlitl not base, either partially or completely, my analysis anolot the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, Iamtllal status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the propeo!es In the vicmlry of the subject property.
5. !. 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 of the property.
6. 1 was net required to repan a predetermined value or direction in value that favors the cause of the client or any related parry, the amount of the value estimate,
the attainment of a specific result or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal.
tlitl not base the appraisal report on a requested minimum valuation a specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were In 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 tlejinition of market value
and the estimate I developed Is consistent with the marketing time noted in the neighborhood section of this repair . unless I have otherwise stated in the
reconciliation section.
8. 1 have personally inspected the Interior and exterior areas of the subject property and the carrier of all properties listed as comparables in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject Improvements, on the subject site or an any site within the Immediate
vicinity of the Subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the eger that
I had market evidence to support them. I have also commented about the effect of the adverse conditions an the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate treat were set forth to the appraisal report . it I relied an significant professional
assistance from any Individual or individuals fn the performance of Me appraisal or the preparation of the appraisal repan, I have named such individualist and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I cenity 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 appraisal report , I will take
no responsibility far it
SUPERVISORY APPRAISER'S CERTIFICATION: II a supervisory appraiser signed the appraisal repan, 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 constrictions of the appraiser,
agree torte bound by are appraiser's certifications numbered C thmugh 7 shove, and am taking lull respmsibildy for the appraisal and the appraisal sport .
ADDRESS OF PROPERTY APPRAISED: NIS Golden Gate Blvd. Niles. FL 34120
APPRAISER: SUPERVISORY APPRAISER (only if required):
Signature.
Name. Harry Henderson. SRA
Date Signed: May 28. 2010
State onsfioation# RD3475
or Slate License
State FL
E geration Date of Certification or License 11 130/10
Signature: _
NaTe
Date Signed
State Certification
or State License #
done. —
Expiration Date of Certification or
Did Did Not Inspect Prapeny
Freddie Mac Form 4396 -93 Page 2 of 2
Fond ACR — "WinT01AU appraisal software by a to mope. inc. — 1- 800 - ALAMODE
i
III
TRACT 37
OUTH LINE
TRACT 54
cARLSON & PALCs
OR '.733/2144
PANTALEON & PANTALEON
SNELLGROSE OR 3946/3683
OR 2839/2747 (EAST 75' OF
WEST 180' OFI
TRACT 54
TRACT 54
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
WEST LINE I
OF CAST 75'
OF WEST tAO� OF EAST UNE
TRACT 54 — OF WEST 180 OF
TRACT E4
I
PROPO4AA EMENT
L6
r I8 NORTH LINE OF
SOUTH 50' OF
50' TRACT 37
k-4 29] +00 2 8 +00 299 +00
i_1 +.._ +._ ,00
1 )GOLDEN GATE BOULEVARD (CR B76)
90. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RUDE)
�]T EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
I11.1J USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
,tj 4 16A32
JUIV 7, 2010
Page 15 of 16
N
W E
S
TRACT 55
r LINE TABLE
UNE
BEARING
LENGTH
L1
N89'30'51 "E
104.91'
L2
N00'29'07"W_
50.00'
L3
NO0'29'07 'W
34.00'
,.4
N89'30'51 "E
5.09'
L5
S00'29I13 "E
5.00' __
L6
N89'30'51 "E
69.84'
17
500'29'06 "E
29.00'
Lb
'8930'5,1 "W
_ 74.93'
LEGAL DESCRIPTION FOR PARCEL 481 ROUE
A PORTION OF TRACT 54, GOLDEN GATE ESTATES. UNIT 7E AS RECORDEG W PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4. TOWNSHIP 49 SOUTH. RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICUTARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 54,
THENCE N.8930'51 'E, ALONG THE SOUTH LINE OF SAID TRACT 54, FOR 104.91 FEET TO A POINT ON THE WEST
LINE OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 54,
THENCE IN OD' 29' 01 'VV,. A'_ONG SAID WEST LINE, FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 54 AND THE POINT OF BEGINNING 0- 'HE HEREIN DESCRIBED PARCEL, 7ECM -ROW
THENCE CONTINUE N.00'29'07 "W., ALONG SAID WEST LINE. FOR 34.00 FEET: FEB 2010
THENCE N.BP 30 TiI F FOR 5.09 FEET,
THENCE 5.00'29'13 "E, FOR 5.00 FEET,
THENCE IN 89'b0'51 E 69.84 FEE' TO A POINT ON "I IF EAST LINE OF THE WEST 180 FEET OF SAID TRACT E4,
THENCE S- 00'29'06 "E., ALONG SAID FAST LINE, FOR ?9 CC FLET 10 A POINT ON SAID NORTH LINE,
THENCE 5.89'30'51 "W., ALONG SAID NORTH UNE, FOR 7493 FEET TO '!HE POINT OF BEGINNING OF HEREIN
DESCRIBED PARCEL.
CONTAINING 2'99 SCUARE FEFI, MORE OR LL4.
a +D ea teD er
L � wwc. aRDassIDN sDR<cw n unwER
SKETCH k DESCRIPTION ONLY I.., noa 4noe 2 vxD. vDr
NOT A BOUNDARY SURVEY scA1.e. 1' -BC' vcNxc oere. /
uor vu I. wrtxoUF ME OBI sl ILPE gIE EYBNSSw SEAL Al
FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A0 II.IMBCD llol esS. u R Axc uWRER.
GOLDEN GATE BOULEVARD I
SKETCH &DESCRIPTION OF: PROPOSED ROADWAY EASEMENT y IF
PARCEL 481 RDUE s6lD wxv., P.M fhbe. smm zoo
N5976 57S FAX (DX
COLLIER COUNTY. FLORIDA vnm.: mal ssLB No FAx lzA) 6szone
LB No 6952
DRAWN BY 1 =ILE NAME SHEE'
1700.01 00011 01 1 4
Details
Agenda IterPW 15MI
my 27, 2010
q21 6Df16
Property Record
Sketches Trim Notices
a Current Ownership
Parcel No. 14074428 0007 Property Address I NO SITE ADDRESS
GOLDEN GATE EST UNIT 78 E
75FT OF W 18OFT OF TR 54 OR
1733 PG 2144 -45
Section Township Range �� // Acresl Map No. �� Strap No. l
® 49 28 1.17 1 —T11 4D04 11 349900 54 14D04
Sub No. 1 349900 I G O LDEN GATE EST UNI"7 lm MA" -TMillaae I Total JISchooll
Use Code F-------I VACANT RESIDENTIAL 11 80 6.4101 11.6491 16.239
2009 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value 6
L$_ ,25000
Date
Book -Page Amount
( +) Improved Value
0.00
1 1733-2144 $ 0.00
( =) Just Value
11 $ 29,250.00
( -) SOH Exempt Value & Other Exemptions
( =) Assessed Value
( -) Homestead and other Exempt Value
(_) Taxable Value
$ 29,250.00
( =) School Taxable Value (Used for School Taxes)
$ 29,250.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
r b �t `1=?
z
The Information is Updated Weekly. 2
http:// www. collierapprais er.com/Recordl)etail. asp ?1NIap= &,Foli��ID= 0000040744280007 6/7/2010