Agenda 07/27/2010 Item #16A33Agenda Item No. 16A33
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. 512RDUE), which is required for the
four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard.
Project No. 60040 (Fiscal Impact: $866.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a
road right -of -way, drainage and utility easement required for the four - laning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The required easement is located on the east side of Desoto Boulevard
(Unit 79, Golden Gate Estates) and contains a total of 1,500 square feet or 0.0344 acres. Using
the most recent, comparative sales data, the Growth Management Division's Review Appraiser,
Harry Henderson, SPA, prepared an appraisal of the easement area of the property estimating its
current market value at $292 ($8,500.00 per acre). The current / 2009 assessed value of the
needed easement area is $516.00 ($15,000 per acre).
On June 16, 2010, Collier County Transportation Division invited the owner, Mr. Linh Le, to
discuss the sale of the required easement to the County. On or about June 21, 2010, Mr. Le
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 $516.00 (at the exact current /2009 assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement
area from Mr. Le for the purchase price of $516.00, 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 ofproperty 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 15'h.
Agenda Item No. 1GA33
July 27, 2010
Page 2 of 15
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $866.00 and includes the
$516.00 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 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. 512RDUE 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: 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. 16A33
July 27, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A33
Item Summary:
Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of-
Director - Transportation Engineering
Way, Drainage and Utility Easement (Parcel 512RDUE). which is required for the four - laning
of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No
60040 (Fiscal Impact: $866.00).
Meeting Date:
7/2712010 9:00:00 AM
Prepared By
Sonja Stephenson
Property Acquisition Specialist Date
Project Manager, Principal
Transportation Engineering &
Transportation Division
Construction Management 71912010 1:26:47 PM
Approved By
Transportation Division
Jeff Klatzkow
County Attorney Date
Approved By
7/9/2010 2:50 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
Transportation Engineering &
Transportation Division
Construction Management
711212010 9:52 AM
Approved By
Gary Putaansuu
Project Manager, Principal
Date
Transportation Engineering 8
Transportation Division
Construction Management
711212010 1:11 PM
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Division
Transportation Administration
7112;2010 1:50 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
711212010 2:36 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7!1212010 4:25 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation `Engineering &
Transportation Division
Construction Mananement
7113!2010 10:14 AM
Approved By
Agenda item No. 16A33
July 27, 2010
Page 4 of 16
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/312010 1'43 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
7/14/2010 1:08 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7114/2010 1:36 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7/1912010 10:23 AM
Approved By
Mark Isackson
Management /Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7/19/2010 10.33 AM
_Agenda Item No. 16A33
July 27, 2010
Page 5 o 16
PROJECT: 60040 Golden Gate Boulevard
PARCEL No(s): 512RDUE
FOLIO No(s): 40806480004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this ' day of 2010, by and between
LINH DUY LE, whose mailing address is 912 Heritage Parkway, South Allen, Texas
75002 (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:
$516.00
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;
(b) Closing Statement;
i0
July 27.2 10
Page 6 n 16
Page 2
(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.
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
A-L
4epda Item NA 1633
July 27, ' 10
Page 3 7
Page 16
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 Owners
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
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
v v
h �
hPm Nn 16A33
July 27, 2010
Page 8 o '16
Page 4
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
Deputy Clerk
BY
FRED W. COYLE, Chairman
A4,
AS TO OWNER:
DATED:
Witness (Signature) LINH DUY LE
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
L I Revised'. V19I09
Agenda Item No 16A33
July 27, 210
Page 9 o 16
Page 5
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July 27, 2010
Page 10 of 16
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PROPOSED ROADWAY OR 4471 /246
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LEGAL DESCRIPTION FOR PARCEL 512 ROUE
A PORTION OF TRACT 75, GOLDEN GATE ESTATES. UNIT 79 AS RECORDED IN PLAT BOOK 5, PACE 17 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOJTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FO'�LOWS.
THE EAST ''.0 FEET OF THE WEST 60 FEET OF THE SOUTH 150 FEET OF SAID TRACT ;5.
CONTAINING 1,500 SQUARE FEET. MORE OR LESS.
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Agenda Item No, 16A33
July 27, 2010
IManFIeNC Parpels ZMA Pa tinge 12 of 16
LAND APPRAISAL REPORT GGB
File No Parcel 512RDUE
Borrower Owner. Le _ Ceni ue tract 112.02 _ Map Reference _S9- T49 -R28
Property Address E/S Desoto Blvd S.
CityNaples County Collier Stale FL Zip Code 34117
Legal Description Golden Gate Estates Unit 79 S 1501h Of Tract 75 OR 434 PG 64
Gem Price 5 NIA Dab of Sale N/A Wan term N /A. -_ yrs. Property Fronts Apprarseo , Fee I_f Leasehold L. De it PUD
Actual Real Estate Tax¢$ $ 408.88 (y0 Loan charges to be paid by seller S. N /A_ Older sales concessions NIA
Len l lleltt Collier County Gov /Growth Management Div Address 2_085 South Horseshoe Drive Naples FL 34104
Occupant vacant Apoolser Harry HendersonSi RA Instrucittms to Appraise, Estimate Market Value Parent Tract /Padlal Take
Folio #-00806460004 (Sufi act oarent tract is unreserved)
Location Urban criterion Rural
Good Avg. Fair Poor
Hurt Up Over ?5% _5254. to 754, Undel25%
Employment Stability :?
Growth Rate rNly Cry Vapid Steady '. Slow
""sentence to Entoornern �i, I
Prosily Values Inclea5nlg _ Stable decemng
Convenience to Shopping _'� ❑
Demand'Supply Sismage In Balance I'J Oyersti
Convenience fo Schools _I LL
Markerng Time Under C PADS_ 4 -6 Mos .; Over 6 Mos.
Adequacy of Public Transportation ❑
Present Land Use 50%l family %2- 4Family _ %Apia. %Cooper %Commercial
Recreational Facilities
%industrial 50% Vicars %
Adequacy of Ullittei ❑
Change In Present Land Use _, Nut Likely ,� Likely I') '.� Taking Place (')
Property Compatibility
f') From vacant To smgle-laml�
Protection Item D¢Inmenl2l Conditions
Predominant Uceupanoy -,j Owner ',Tenant %vacalA
Police and Fire Protection
Single Family Price Range 560.000 W$ 21D.000 Predominant Value$ 115, 000
General Appearance of Procedures l
Single Family Age ,_ 1_ Fla. to 25 yrs. Premenni nt AqB 10 yrs
Appeal to Market
n0lse):See attached addenda.
Comments including those (actors, favorable or unlavmablu, silence Toler ability ie.g. Topic parks, schools, view,
Dimensions 150 x 680 = 234 Sq. Ft. or Acres t_i Comer Lot
Zoning classification Estates (2.25 acre conforming 101 size min_) present II prgyP.ment6 I� do IA. do not conform so FOnipg r¢gp BIIpnS
Highest and best use ❑ Fiscal use [vyc Other (specify) Eventual single- family development.
Public Other (Directed) OFF SITE IMPROVEMENTS !lopo Level
_
Elec. _�' Street Access _; Public ❑ Pnvate Size Compatible with area
Gas _ Surface Macadam Shooe Reelanqular _
Water Maintenance < Pron Private View Ne hborheod
San. Sewer _ _ Storm Sewer Cur[urGutler Drainage -_ sera to be, edeguate_,
Untlergmund Poor & Tel Sidewalk _ Street Li2nts Is the Property 1ppated In a HUD ldmilhed SPedel Flood NeaBld Are? No'. 'Yes
Commeme f aymable of un cGrabie meluur ,any appaFT; aao,,, OOemnens ancvacnmend el 01 I'aover5e ronalcons) Zone D, Cam m# 120067CO25OG. did 11117105
No adverse conditions obse, rved_Typical matlwaV end /oroarameter do i It "a sarents exist on the site these are common In the area and do
not Impact value.
The museignea 0a5 teepee lure scoot sale, if Pnoo laa most siMhr she promote to usuict no has nonade2p Thee In the mantel analysis The a .... pick lneledes a eclat
aafus'Jrmm lefleeling marest reaGien to IMSe Mme of sonlflsam vaJisom between life sooner' no Cnmglrable roper.. II a signitinm Item In Ne cGmpe20re properly Is iniTor
le er male tdyWdllle 'hen the subject oni 5 minus 1 -) unto mnnl Is rode[ Of real its mlllfated mine M suIIICCI it a 6lpn ncanl Ilam In Its Cemparahle is Inferior r, or ICss
favorable than the subject property a plus i +i squattest IS modechis inceaeOg the indicated value of the subject
_ ITEM SUBIECI PHOPERTy
COMPARABLE N0.1
COMPARABLE NO 2
COMPARABLE NO ,3
Address EIS Desoto Blvd S_
427C 22nd Avenue NE
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NIS 58o Avenue NE
3421 56th Avenue NE
es lea, L 34120
Na Ies F 14120
Naples FL 34120
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Naoles F 34
FL 34120
Pmkrme to Sub act _
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1 94 miles W
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Sales price
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ns on Market Tap. Sae. attached addenda.
noon CI Apnm'.Sal Sb!ect a 1tl rorno' era c amperes on a 6'a re volt orad bas'. Parent irac Lene Vawe 34 acres x
0lacre = 515.690
lucr e'' uno Co d n s
cgn i a Ian'. Taklng oa ra. f,344 ac e: E @500 = E292 No site improvements. no tlamagec
[He,,
l Compensation: 292
RTE iNE MAnNEi ViIUE 6s pFFINEY, OF $UBJECi PNUPFflTY q5 gf MaV 26 <IJ1 1np'n ?92
ra der=oq SEA - _ _ Did Did Not Pnysrcally Inspect Property
eris) Rew¢v+A o mast Ir Jppesaolet
v2Kl
CoAiel CpunG Gov6mmsc, .
Fo-n LOT —'Win OTAL ap nfea s,il by a moon ac — 1 -O r ALAMDDE
Agenda Item No. 16A33
July 27, 2010
ri File No ParzaiS@ROOP I Pao ge 13 of 16
SuoolementalAddendum File luol=amel512RDUP
BpfmwenCliety Owner, Le
Pmsen Addrees EIS Deaoto BNd f;
City Naples Coun Collar State EL b2(bode 34117
def Collier County Gov'Gmwth Management Div.
• Land Neighborhood Market Factors
The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Desoto Boulevard
south of Golden Gate Boulevard. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type
single- family homesites (1.14 to 5 acres typically) in a semi -rural setting Essential services are within a 35 minute alma into
greater Naples to the west. Maintenance levels In the area are generally average.
• Land : Market Data
The subject and comps are compared on a unit /price ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zonal 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 $7.143 /acre to $10,852 /acre; given the comparison criteria discussed, a unit price of
$8,500 /acre is selected as reasonable for the underlying uniUprice value for the parent tract lands.
Parcel 512RDUE
The subject parcel is a 10 fl-wide ROW strip located on the west side of the parent tract along Desoto Boulevard. The size of
the taking parcel is 1,500 eff or .0344 acres. At the appraised unitiprice of $8.500 /acre the subject parcel has a direct land value
of $292. 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 512RDUE is estimated to be:
292.
Porn iA00 —wJm TOTAL' appraise; software by a la mode. Inc. — 1800AtAM00f
Agenda Item No. 16A33
July 27, 2010
M n Ft Nn. pamdef 5l Pfl�uE rmo�7e 14 of 16
DEFINITION OF MARKET VALUE: Tne most probable price which a prepare should bring in a competitive and open market under all conditions
loosened to a fair said the buyer and serial, each acting prudently . knowledgeably and assuming IT. piece is not affected by fraud armadas. Implicit In this
delmilidn is the wmmmmatlon of a sale as of a specified daft and the passing of title from seller to buyer under conditions whereby. (I) buyer antl seller are
cologne motivated, t2) both Dairies are well informed or well advised and each doting in what he considers Ns own best interest (3) a reasonable time is allowed
for exposure in the open ,Parent, (41 cayman Is matle In terms Or cash In U.5 dollars or in terms of financial arrangements comparable hoped and 15) the pace
represents the, normal Consideration for the property said hall by basis) or creative hall or sales concessions' granted by anyone associated war
ire sale
Arp6rm0g5 to lief epmpaiahles rnf9 of matle far special 0r coconuts rebound P sales C.1lob slpns. No adjustments are necessary
for chose casts which ace norhrdIV paid by sellers as a made of tradition or law In a mareat area, These costs are crude identifiable
,lose the cope pays these COSTS In theory irk ends IldnaCllens. Special a, cocaine financed adjustments can be made to the
2sufarand property by comparisons to heahcing terms offered by a third party InstlNmearal lender that Is net already Involved in the
property or transaction. Any adiustmen should not the calculated on a mechanical dollar for dollar cost of the financing or concession
Out the dollar amount of any adlusncent should spandrel (be markets decimal to the loaning or concessions based on the
inpraisers judgement
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser 'a cenfhcaaen that appears in the appraisal report is ,doled to the following
creditors.
1. The appreser wifl nor be responsible for or of a legal nature that affect rather, me property being shelte etl or of tide to it The appraiser assumes that
the title Is good and mdl%elabla arid. Iheretme will not render any opinions about the UOe. The property Is appraised on the basis of d being under responsible
ownership_
2 the appraiser rids provided a sketch In tied harass' reporl to show apprpwmale dimensions of me Improvements and the sketch Is incensed only to assist
the leader of Personal in visualizing the properly and understanding the appraiser's determloatlgn of as size.
3. -di apomiser has examined the available fraud maps that as prorded dy me Federal Emergency Management Agency for other data sources) and day noted
e the appraisal report whelher one subject site Is roared in an marknide Scroll Fl000 hazard Area Because the appraiser is not a surveyor, he or she makes
ad gaara di es. express or lmphCd. repardmp lhs itself, iaimp.
4. The ansonan ,,ill not give lestimcny or appear m cdun because Ire or she made an appraisal at me display in audition, unless occurred arrangements to do
so have been made Beforehand.
5. The appraiser has esmmered me value of the .and in the cost approach at Its highest and Deal use and the improvement at their contributory value. These
separate volcanoes o; the laic and Improvements must not be used in conjunction with any other appraisal and are Invalid i' they are so used
6 The appraise has reach in one apprucal report any adverse cenitions Isuch as, needed repairs deprecation, the presence of hazamons wsales, eyed
subsen.;es etc l observer during Ins especial of the subject pmpemy or that he or sue became aware of during the nemur research rmml in penorning
Tire appraisal. Unless otherwise stated m the appraisal report , the appraiser has no kngWedge of any Morten or unadowere conditions of the property of
adverse eMlronmereal Wndtions turnaround !be presence of doa,deey waster . toxic subs @rpm. ellf That woulc make the property more or less valuable, add
has assumed !hat ;here are no earl condmogs area mares no coarsest or warrannes express or Implied, regarding the condition of rho property the
aomider win: net be aspersion for any such conditions chat an Feet or mr any engmderrp or testim; Thal crude be required to discover whelher such
conditions exist Because the pprose a not an expert in the Ben of environmental hazards me aporaisal report must riot be considered on an
ermm .... to rise >sment of the fro,,ry
7 the apoialser obtained the informatio, . estimatee . one oomions prat were mpressed In the dpprarsal mean Tram sources foal nn s one considers to Be
hand and Dora... prom td bn rue am forest. Tw appraise : does not assured resodnntorey for the aoerag of such items that were tumthr4 by Other
caries
P In appreser will 0, dlstuose Pit contras of the vaulter mpohl except as pronned for In Tne Umtorm. Standards of Professional Appraisal practice.
9 Tne upon lscr has based art or her accrual Ie ✓or ma 'aldliden epneasmn for all auplacal that ea ,-clod to sonsucmry cummellbn repairs or
aeourans on tee assumpoe tl 1 someone, armed Impmemnns xi be peorme m a v, ;C,xma,ll,e manner
10 ➢c apP'alsei must provide is or Per prior v'tw co sent anions Ile lerpere cien alcohol +n the appraisal iupon can distribute me appraisal repel
pncudie.g confusions arou me ormanno valu, . the appraisers Identity and coalescence: designations. and Matrices to any conceptional appaiyai
annuzadons or me fins v.r i -h Iturn Inc apoarser is dasoediedl to anyone other than the borrower; the mongagee or its feccessona and besides- the mortgage
Plower conyf laoty- pretesseonal approya '. uncri atippsl do, stale o' federally approved hrapCT31 command or any department choice, or intmmOntallly
at me Union States or and stall or the Ursine. of mirreas ezcrea m3 fine order i client pay prs✓Thr, the fairly descopimd se poor o' me report only to data
Volturno or aWeeg wMLis,! P✓Ttbppl r3NM to octal, ou denrodef5 prior wnheL colors The appalde5 words courl asp approve must also
he oblalmod or me app- EI cal de 0 rl V,c n, any,r, to are pi,11f -,,U1 ":avemC a euso reallpn, fTi as e, or order -indis
-m0ne Was Fovm 439 IT 93 Gag. 1 of 2 Fannie Mae Form Ifli 5 -93
Ter County Gdvemmenl
Foci FL r d'0 i0.; across, sohwam hs a a mane m_ — i 900 -:I AMJJIIE
Agenda Item No. 16A33
July 27, 2010
boan File NO Pamn18 28D page 15 of 16
APPRAISER'S CERTIFICATION: the Appraisicelifies and agrees that:
I . t have researched the seoject market area and have selected a minimum at three recent sales of properties most similar and proximate to the subject Property
for consideration In the sales comparison analysis and have made a dollar adjustment When approphate to reflect the market reaction to these hems of significant
variation. e a Significant Item In a comparable property Is superior to Or more favorable than, the subject property, I have made a negative widespread to reduce
the adjusted sales price of the comparable and i1 a significant Item In a comparable property Is inferior to or less favorable than the subject property, I have made
a poselve adjustment to increase the adjusted Sales prim of the comparable.
2. 1 have taken into consideration the factors that have an Impact On value In my Development Of the reduced of market value in the appraisal report . I have not
de owingly withheld any Signlboard Information from me appraisal report add I create, to the best of my knowledge, that all statements and Information in the
appraisal report are true and correct
3 j stated in the appraisal report Only my own personal, unbiased and corrections, analysis, Opinions and conclusions, which are subject only to the eOntmgent
and limamg condNons specified in this farm
4. 1 have an present or prospective Interest in me property that 15 the subject to this report and I have no present or prospective personal Interest or bias with
respect to the panmlparm In the Lansapuen. I did net base either partally or completely, my Sma y515 goal the estimate of market value In the appraisal repel
on the race, color, religion, sex handicap familial status, or national origin of shyer the prospective owners or occupants of the subject property or at the present
owners or occupants of the propnces in the vicinity of the subject property'.
S. 1 have no present or contemplated future interest in the subject property, and neither my current or tuche employment nor my compensation lot performing this
appraisal is contingent on the appraised value of the propel.
6. 1 was not required to report a redetermined value Or direction In value Nat favors the cause at the client or any related panel the amount of the value estimal
the attainment of a 5pecre nesul( Or the occurrence of a subsequent event In order to receive tiny Cempensaeon darter employment for performing the appraisal, I
did not base the appraisal report on a requested minimum valuation. a Saudis valuation or the peed to approve a specific mortgage loan.
7 1 performed this appraisal in conformity with the Uniform Slantlards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were id place as of the Durance data of this appraisal, with the excaphon of the departure provision of those
Slantlards, which does not apply l acknowledge Nat an ¢somata of a reasonable time for exposure in the open market is a condlgon In the deflators N market value
and the estimate I developed Is consistent will the marketing time noted In the nexghbormod section of this hear, unless I have otherwise staled In the
reconciliation section.
8 1 have pers0lully Inspected the Interior and extenod areas Of the subject property and the. manor of all properties listed as cemparablPS in the appraisal repel.
I former Deputy that I have noted any apparent or known adverse coneracrs in the subject Improvements, On the subject ape, or On any ale within the immediate
' vicinity of the subject property 01 which I am aware add have made adjustments for these adverse conditions in my analysis of the properly value to the flabru hat
I had market evidence N support them I have also commented about the elect of the adverse donations on the mareetabelty of the subject property.
9. 1 personally prepared all conclusions ado opinions about the real estate that were so forth it the appraisal report If I relied an Sgaidant prodessional
assistance from any individual Or Individuals In the performance at the appraisal or the preparation of the appraisal report , I have named such milivlaealts) and
disclosed the specific tasks Instrument by them In the reconciliation section of this appralaal report. I secure that any indivldua, se named is qualified N perform
the tasks I have not author led anyone to male a charge to any !tern in the local: therefore, if an unaurnariled change Is made to the appraisal report I win take
no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: If a Sugar appraiser signed the appraisal report he or she cemnes and agrees that
I directly Sugarman IN appraiser who prepared the appraisal repot, have revlCNBd the appraisal report bone¢ with the statements and COnclusmrs of the appraise,
sores is be bound by the appecerS Depirdations numbered 4through 7 above, and am taking rue responsibility for the appraisal and the appraisal report
ADDRESS OF PROPERTY APPRAISED: EIS Desoto emtl 5_, rNaoles F34tH__
APPRAISER: SUPERVISORY APPRAISER (only U required):
Signature. _..__ _.._.__.
_. —. _ Signature: _......_.
Name. Harry Henderson SpA
Name'.
Date Signed: May 28.2010 2010-
Date Signed
State Combined, # RD3475 _
_.___ —.
State Cemlficabon Ar
Of State LICP,nse #.
_.._ Or State LIC¢nse #'._
State' FL _
State. __ —
vplralmn pate of Celibcatlen ol L cense 11/30 10
Llrectign Date Of CE
or Licence
mid Did Not Import Preprnry
Fmooie Mac Form 439 C -93 Pao, 2 of 2
Form ACA — "WLnTOIAL" appraisal sohware by a he mode, ins.- 1- BDDALAMODE
Details Agenda Ite�t* P
July 27, 2010
Page 16 of 16
5ia
^ Aerial Sketches It Tn _.__ _I
Pra art Record m Notices
Current Ownership
3 Parcel No. 40806480004 Property Address 144 DESOTO BLVD S
Owner Name LE, LINH DUY
� Adrirncen�owueoiTnr_e ovv
3OLDEN GATE EST UNIT 79 S
15OFT OF TR 75 OR 434 PG 64
Section wnship Range Acres Map No. Strap No.
49 28 2.34 4009 350200 75 14D09
Sub No. 350200 GOLDEN GATE EST IT 79 '�^ Mill rmMillaae Total School
Use Code �� VACANT RESIDENTIAL 80 6.4101 11.6491 5.239
'See Instructions for Calculations
2009 Final Tax Roll Latest Sales History
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value
( +) Improved Value
( =) Just Value J
$ 35,100.00
$ 0.00
Date Book -Page Amount
1212009 4519 - 3357 J $ 6,000.00
07 / 2009 4471 -246
OB / 2005 3661 - 3565 11 $ 130,000.00
1 11912000 2724. 1361 J1 $0.001
$ 35,100.00
( -) SOH Exempt Value & Other Exemptions
M Assessed Value
(•) Homestead and other Exempt Value
E 0.00
$ 35,100.00
$ 0.00
( =) Taxable Value
$ 35,100.00
( =) School Taxable Value (Used for School Taxes)
$ 35,100.00
SOH =' Save Our Homes" exempt value due to cap on assessment
increases.
The Information is Updated Weekly.
http: / /ww�v.collierappraiser .cone /R:coidDetaiI.asp ?Map= &PoIioID- 0000040806480004 6/7/2010