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Agenda 07/27/2010 Item #16A36Agenda Item No. 16A36 July 27, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel No. 204RDUE) containing 4,515 square feet, which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $7,900.00). 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 south side of Golden Gate Boulevard (Unit 48, Golden Gate Estates) and contains a total of 4,515 square feet or 0.10 acres. Using the most recent, comparative sales data, the Growth Management Division's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property estimating its current market value at $5,850.00 ($10,500.00 per acre) including improvements. The current / 2009 assessed value of the parent tract is $27,500 per acre and, based on this value, the value of the subject parcel is $7,550.00 inclusive of improvements. On June 9, 2010, Collier County Transportation Division invited the owner, Ms. Dionilda Macias, to discuss the sale of the required easement to the County. On or about June 11, 2010, Ms. Macias 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 $7,550.00. Staff is recommending that the Board of County Commissioners purchase the required easement area from Ms. Macias for the purchase price of $7,550.00, and believes the following are compelling reasons to do so: This is not a distress sale. The property owners can afford to hold out and wait for the market to improve. If we should delay this acquisition for several years until construction is imminent, and be forced to take the easement through condemnation, the cost of doing so would far exceed the owners' asking price. In addition, the owners are cooperating with staff so there are no expert or attorney fees. Moreover, if we should forestall this purchase and the market begins to rebound, in three to five years we are likely going to be paying as much or more for the subject property than the owners are seeking today. It is a common expectation of property owners upon the sale of their property to the government, to be paid at least the value upon which they were taxed by the government. The easement Agenda Item No. 16A36 July 27, 2010 Page 2 of 17 agreement was negotiated at the current / 2009 assessed value prior to the publishing of the preliminary 2010 assessed values on July 15 "i. FISCAL IMPACT: The fiscal impact is in an amount not to exceed $7,900.00 and includes the $7,550.00 negotiated purchase price; a title search fee, a title insurance premium, 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; 2. Accept the conveyance of Parcel No. 204RDUE 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 cart' 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 !tern No 16A36 duly 27. 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A36 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Transportation Engineering & Way, Drainage and Utility Easement Parcel 204RDUE) containing 4.515 square feet which Transportation Division is required for the four- laning of Golden Gate Boulevard between Wilson Boulevard and 7/12/2010 9:49 AM DeSoto Boulevard Project No 60040 (Fiscal Impact $7.900) Meeting Date: 7/27/2010 9.0000 AM Prepared By Project Manager. Principal Sonja Stephenson Property Acquisition Specialist Date Transportation Engineering & Transportation Engineering & Transportation Division 71712010 10:27:53 AM Construction Management Approved By Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 718!2010 3:55 PM Approved By Transportation Division Jeff Klatzkow County Attorney Date Approved By 7/912010 1:50 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 7/12/2010 9:49 AM Approved By Gary Putaansuu Project Manager. Principal Date Transportation Engineering & Transportation Division Construction Management 711220/0 1: 15 PM Approved By Lisa Taylor Management /Budget Aralyst Date Transportation Division Transportation Administration 712:2010 1:55 PM Approved By Nick Casalanouida Director - Transportation Planning Date Transportation Division Transportation Planning 71, 212010 4:26 PM Approved By Kevin Hendricks Manager - Ri_a,ht of Way Date Transportation Engineering & Transportation Division 7/12(20',0 5:26 PM Cottstructicn Management Approved By Agenda item No 16A36 July 27, 2010 Pzae G C)f 17 Norm E. Feder, AICP Admimstrator - Transportation Date Transportation Division Transportation Adminisuratlon 7 11 3/201 0 1:58 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 711412010 9:55 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7114/2010 1117 AM Approved By Susan Usher Management /Budget Analyst. Senior Date Office of Management & Budget Office of Management & Budget 7/16/2010 10:50 AM Approved By Mark Isackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/17!2010 12:56 PM Agenda Item No. 1 July 27, Page 5 PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 204RDUE FOLIO No(s): 39203880001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 2010, by and between DIONILDA MACIAS, whose mailing address is 1106 Golden Gate Boulevard E., Naples, Florida 34120 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser'). WHEREAS, Purchaser requires a Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $7,550.00 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. 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, Agenda Item No. 16f36 Page 2July 27, 2 )10 Page 6 o 17 (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. 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 Agenda Item No. 1 Page 3July 27, Page 7 granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. Agenda It4em No. 1 Page July 27, Page 8 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. Furthermore, there shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, Chairman AS TO OWNER: DATED: VVitness A1Fredo �Ot4k7 Name not or Type) Wi ess (Signet ) Name (Print or Type) Approved as to form and legal sufficiency: Assistant Cou ty Attorney Last Revised: 2/19/09 DIOWEDA MACIAS Agenda Item No. 1 Page 51uly 27, Page 9 10 17 EAn'off da Item No. 16A36 Pop—.L— July 27.1,2010 e GOLDEN GATE BOULEVARD (CR 876) v 94+00 95.00 96+00 97.00 98 +00 99 +00 a ' ff/1 F P a3' $e � Y PROPOSED ROADWAY EASEMENT S_ PARCEL 204 RDUE so R yi b i y TRACT 21 TRACT 56 TRACT 57 GOLDEN GATE ESTATES UNIT 48 e PLAT BOOK 5 (PAGE 78 3 I WEST 105 OF TRACT 56 MACIAS PAGANO OR 3304/2826 OR 1463/2162 r HAIDET e OR 2148/1480 P N i W +E S SO. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) ?ECM - ROW EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FEB 0 12010 ILLd USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78 LEGAL DESCRIPTION FOR PARCEL 204 ROUE A PORTION OF TRACT 56, GOLDEN GATE ES''ATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 105 FEET Of SAID TRACT 56. CONTAINING 4,515 SDUARE FEET, MORE OR LESS. 0 4a 80 Leo �. /!YA ✓/l/ SKETCH Q DESCRIPTION ONLY eawo. .z w. ex. NOT A BOUNDARY SURVEY SCALE. I" -ea' °0NiX0 Z FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS :°�Lyy d, Ils"ISrt�msopiss� µmw a GOLDEN GATE BOULEVARD SKETCH h DESCRIPTION OF: PROPOSED ROADWAY EASEMENT PARCEL 204 RDUE mlO Wwe. v.n 0ms.ew zoo COLLIER COUNTY, FLORIDA`Paw'wloz rlv'�:IaBI N/ iAM:la%M]iM)! LB N NA n' YSi JDH NUM6EP REVISION SECTION TOWNSHIP RANGE SCALE pAiE DRAWN RT FILE NAME SHEET 0502,7.000: 0001 REV O1 2 49 P I" 80' DEC. 2009 R.Y. SK 204 1 OF 101of 17 I yh . J '-^ra � �. �' �' ��„ - f� r _ .F mow: f _� y� .k ;� �, . a f;: fl %,S Agenda Item No. 16A36 July 27. 2010 LAND APPRAISAL REPORT GGB e 12 of 17 File No Parce1204RDUE Borrower Macrae Census Tract 112.02 Map RNerance 11449-R27 Property Address 1106 Golden Gate Blvd E. Cory Naples Courtly Collier State FL lip Code 34120 Legal Description Golden Gate Estates Unit 48 W 10511 of Trad 56 Sale Price 5 N/A Dale of Sale N/A Loan Term N/A yrs. Property Rights Appraised IZ Fee ❑ Leasehold ❑ De Minimns PILL Actual Real Estate Texas$ 2365.96 (yQ Loan charges to be paid by seller$ N/A OMer sales concessions N/A Lender/Clnmt Collier County Gow Transcortetion Dwsion Adorns 2885 South Horseshoe Drive Naples FL 34104 Occupant owner Appraiser Harry Henderson SRA Instructions to Appraiser Estimate Market Value Parent TractlPartial Take Folio 939203880001 sub'ect is ion raved with a sin Ie-famil home: valuatbn of lartl and affected improvements ono . Location Urban Suburban LJ Rural Built UP Over 75% X25 %to75% Under 25% Growth Rate [ Fully Daw ] Rapid ❑ Steady Z Slow Property Values ❑ Increasing i_; stable ® Declining OEmand/SuPpy ❑ Shortage ❑ In Balance ® Oversupply Good Avg, Employment Stability ❑ ❑ Convenience to Employment ❑ ® Convshence to Shopgng ❑ ® Convenience to Schools ❑ ® Fair Poor ® ❑ ❑ ❑ ❑ n ❑ ❑ Marketing Time ❑ Under 3 Moe. ❑ 4.6 Mos. ® Over 6 Moe. Adequacy of Pulte Transportation ❑ ® ❑ ❑ Proem land Use 60 %1 Family _ %2 -4 Family _ % Apps. _% Cando 5% Commercial Recreaborel FacMges ❑ N ❑ ❑ _ % Industrial _35 %Vacaol % Change in Proem Land Use ET Act Likely El Likely I') ❑ Tatung Place (') Adequacy of Wirth ❑ z No" Compatlbuiry ❑ ® ❑ ❑ ❑ ❑ I') From vacant To single famev Protection tom Detnmertal Cenducns ❑ ® ❑ ❑ Predominart Occupancy ZOwner ❑Team _ %Vacant Peace and Rte Pr(All ❑ ®❑ ❑ Single Family Price flange $ 80.000 m $ 340.000 Predominant Value $ 150.000 Gdlmgl Appearance of Properan ❑ ® ❑ ❑ Single Famiy Age 1 yrs. to 30 yrs. Predominaht Age 10 yrs I Appeal to Mahon ❑ ® ❑ ❑ Commends Including has factors, favorable or unlavoraole, shaming roarkmabl by di summ parks, sdroo6, view, mise):See attached addenda. Dimensions 105 x 680 = 1.64 Sq. Ft. or Acreg Cm r Lot Zamng clauricalion Estates 2 =25 acre conformiMlotUtizernin .) Present Improvements ❑ do ❑ do not conform to zoning regulations FUAhest and best use IM' Presem use Other (s ec 'sucked lot sloe is substandard this is a non- conformi lot of record common for area Pubic Other (Describe) OFF SITE IMPROVEMENTS ITop t Level Ea. z Sbee Access �I Public ❑ Pnvale Site Compatible with area Gas; Surface Macadam Shape Rectangular Water ❑ Mamlenance Z Public ❑ Private Maw Neigheorril San. Sewer ❑ ,] Storm Sewer (' Curb/Gmtm i D ainage Appears to be ads uetes ❑ Underground Elect S Tel. ''Sidewalk :JSon rafts Property bc&W In a HUDMtftd SWW Fhad Wmd Mel ®ND ❑Yee _jhlha Commems(Tavarede or unravixaNe inching and ammert adverse MSeinri encroachment, a other adverse canditN)'. Zone C, Comm #120067CO250G CRT 11 117105 No adverse Conditions observed. Typical roacil smaller Parameter utill easements eCgt on the see these are Common In the area and tle not Impact value. The M ltd has Found rut recent sales of uncorks ks most omka ad Modm #t id Latest and MS con clamed Neu In the market ar iysis. The desergm houses a dMa ShUsphers raACttllg mahM RattlM to those Cure at npnmeNt Maned bM/een Ne spern and coMage, proon fllea If a significant Ian in be compaable Property E supeior N or mote Iaveral NM the somem pmpely, a more () adNa9nein Is man thus reduced IN Indicated Val of subject ff a QHficant In N de 6Gnai t mentor to or less favorable than the subject property , a plus ) +) adjustment Is made thus mcreasmp the indicated value of the subject REM SUBJ CT PROPERTY I COMPARABLE .1 1 COMPARABLE NO. 2 COMPARABLE NO 3 Address 1106 Golden Gale BNal E. S/S of 24th Avenue NE W /S of 12th Street SE S/S of 40h Avenue NE Na lee FL 34120 Naples FL 34120 Na lee FL 34120 Naples, FL 34120 Prpdmi to 5 beet ^.F!1 <t. 0.49 miles N 1.94 mica W 1.82 miles SW Stiles Price N/A t' -:� §iii _ 10088 /ao '.:uurd ^t+'- S 10252/ac IViin ri".rm,x:C6 11891 Price Gross 11500 I : Agenda Item No. 16 36 July 27, 2 10 �ilI�e 13 o 17 Supplemental Addendum Fns Bo. Parcel 204RDUE Borrower /CIieM Macias Pra a Address 1106 Golden Gale Blvd E. city Na ae Cou Collier State FL D Code 34120 Lender Collier County GOV/Trars ortetion Division • Land • Nel hborhood Market Factors The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area on Golden Gate Boulevard. Golden Gale 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 30 minute drive into greater Naples to the west. Maintenance levels in the area are generally average. • Land : Market Date The subject and comps are compared on a unit/pnoe ($ /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 $10,088 1acre to $11,894 /acre; given the comparison criteria discussed, a unit price of $10,500 1acre is selected as reasonable for the underlying unitlprice value for the parent tract lands. Parcel 204RDUE The subject parcel is a 43 It-wide ROW strip located on the north side of the parent tract along Golden Gate Boulevard. The size of the taking parcel is 4,515 at or .10 acres. At the appraised unitfpdce of $10,500 1acre the Subject parcel has a direct land value of $1,050. The taking parcel also includes various site improvements. Items within the take area include chain -link fencing with gate, several trees (valued at contributory value as part of a landscape scheme), driveway gravel and site - related clearing /grading. The total contributory value of these landscape improvements (plus minor cure for re- connecting new fence line) is estimated to be $4,800. In the Post -lake condition, the subject property will have sufficient front yard area (distance from new ROW line to front of dwelling) for continued /undiminished residential utility of the property. No measurable damages to the remainder will result from this taking. The Total Appraised Compensation associated with the taking of parcel 204RDUE is estimated to be: $5.850 (rounded) Form TADD —Viii TAI' appraisal sothima by a Is mile, w- 1-800- ALAMODE Agenda Item No. 16A36 July 27, 210 MN( nFlIRNO Pa¢elPD4BDUF P Oe tie 14 0 17 DEFINITION OF MARKET "ll The most probable prig which a property should bring in a competitive and on marker under all condiuns repuistte to a fair sale, the buyer and sal each acting prudently, knowledgeably and assuming the probe is not affected by undue stimulus. Implicit in this definlion is the consummation of a sale as of a specified date and the passing of Me from Selig to buyer under conditions whemby. (1) buyer and seller are typically motivated, (2) but parties are AN informed or well advised, and each acting in what he considers is own best anderest; (3) a aasonable on is stowed 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 sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adlafterms M the comparables must be made for special or creative firancing or sales concessions. No adjustments are necessary for those costs which are normaly paid by sellers as a result of traddlon or law in a market area these costs are readey ideNBlable since the seller pays these costs in virtually al saes transactions. Special of creative financing adjustrol can be made to the comparable property by compansons to financing terms offered by a third party inetiheMI lender Met Is rot already Involved in the property or transaction. Any adjustment should not be calculated on a mechanical dolor for dolor cost of the financing or concession bit the dolor amount of any adjustment should approximate the markets 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 certllicatuon that appears in the appraisal report is subject to the following conditions: 1. The appraiser will Out be responsible for matters at a legal nature that affect either the property being appraised or the tie to t. The appraiser assumes that Me ads is good and marketable and tMefore, will not harder any opinions about the one. The pmpemy, is appraised on the basis of d being under responsible, ownership. 2. The appraiser has novel a sketch in the appraisal report to show approximate dimensions of the imprieveirl and the sketch is included may to assist the reader of the report in vemahbing the property and undersrandmg It* appraiser's determination of Is size. 3. The appraiser has examined the available flood maps that are provided by the Federal Fmergency Management Agency (or other data sources) and has noted in the appraisal report whetter the subject site is mated in an identpied Special Rood Hazard Area Because the appraiser is not a surveyor, he or she makes no guarantees, egress or implied regarding this deermination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the nobody in question, codes specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at as highest are best use and the improvements at their conbioul value. These separate valuations of the land and improvements must not be used In conjunction wed any ogler appraisal and are invalid it they are so used. 6. The appraiser has noted in the appraisal report any ativerse 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 during the normal research involved in performing the appraisal. UNess otherwise stated in the appraisal report the appraiser has no knowledge at arty Notion Or unapparem candibom of tie properly or adverse ecwironmentel coadeions (including the presence of hazardous wastes, mac sabstante5, ell that wood make the property more at less valuable, and has assumed that there are ke such conditions and makes no guarantees or warranties, express of implied regarding the coal of the property. The appraiser will rot be responsible for any such conditions that do all or for arty engineering or Indo®r that might be required to discover whether such conditions exist. Because the appra!ser is not an expert in the field m erwrionmenal hazards, Ire appraisal report must nth be considered as an environmental assessment of the property. 7. The appraiser Obtained the information. astimenes, aide opinions mat 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 ref assume responsibility for the accuracy of such hems Wt were tumished by other parties. B. The appraiser wil: wt disclose the counters of the appraisal report except as nodded for in the Uniform Standards of Prbf eelDrad Appraisal Practice. 9. The appraiser has based his or her appraise: report and vexation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion Of the improvements wit! be performed in a workmanike mangler. 10. The appraiser must provide his or her offer written consent before the lender /diem speceied in tice appraisal report can diabibue Ire appraise; report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated( to anyone order tlan the borrower, the mortgagee or its successors and assigns; the mortgage Insurer, nonmetal control appraisal organizations', arty state or federally appmve0 financial informed, a any depar t, agency, a inmmmemallty of the United States or any state or the District at Columbia; except that the ande0clart may distribute the property description sachem of the report any to data collection of federal semlce(s) without having to obtain the appraiser's prior wanted Comm The approse s worked coneem and approval nest also be obtained before the appraisal can be conveyed by anyone to the public through advertlong, public nelations, news, sales, or mho media. Freddie Mac Form 439 693 Page 1 of 2 Fannie Mae Form 1004B 6 -93 Collier County Comment Form ACP — WarTDTAL" appraisal software by a to mode, nc. —1- 800- AIAMDDE Agenda Item No. 16, 36 July 27, 2p10 e15of17 APPRAISER'S CERTIFICATION: The Appraiser cedfies and agrees mat: 1. 1 have researched the subject marker area and have selected a minimum of three recent sales of properhes moat siMlar and proaima a to the sulayso property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market readon to those Items of significant variation. If a significant am in a comparable property is superior to, or more favorable than, the Sublect property, t have made a negative adjustment to reduce the adjusted sales price at tie comparable and, If a significant ban in a comparable property is fineripr to, or ease favorable than the subject propeM, I have made a positive adjustment to increase the adjusted sales once of the comparable. 2. 1 have taken ina consideration the factors that have an impact on value in my development of the estimate of market value In the appraisal report I have not knowingly wahreld any spNficanl imormation from the appraisal repo" and I believe, to has best of my knowledge, that all statements and iMormatan in the appraisal repo" are true and correct. 3. 1 signed in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are sublecl only to the comngent and limn ing conditions specified in this form. 4. 1 have as present or prospective interest in the property that is to Sul to this report, and I have no present or prospective personal interest or bias with respect to does participants in to hartsadion. I did not base, Mfl partially or completely, my analysis and/or the estimate of market value in the applab al report on To race, color, religion, sea, handicap, familial status, or national Sol of enter the prospective owners or occupants of the subject property or at IN present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no preset or contemplated furore interest In tha subject property, and neimer my current or tutors employmerd nor my compensation for performing mis appraisal is cordingem on the appraised value of ire property. 6. 1 was not rapulned to report a predetermined value or direction in value that tavars the cause of the client or any related pant, the amount of the value estrrate, and alliwrd at a specific resuh, or the occurrence of a subsequent vent in order to factors m comperaadon arabor employment for performing the appraisaj. I did not base tie appraisal Sport an a nequested 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 M Professional Appraisal Practice that were adopted ant promulgated by the Appraisal Standards Board of The Appraisal Foundation and mat were in place as of the elective date of this appraisal, with the exception of the departure provision of these Standards, which does not apply. I acknowledge that an channel of a reasonable Ime lot exposure in tie opal market Is a condition In the derinbon of market vales and the estimate I developed is consistent with the marketing time rtdedi in tie neighborhood section of this report unless I have Wowise stated in the reconciliation section. B. 1 have personalty, impeded t* imerlor and eoeicr areas of the subject property and the wirer of all properties listed as comparabtes in the appraisal repo". I further cately that I have noted any apparent or known adverse condMens in the subject improvements, on the subject side. or on any side whom the knrrhedete vicinity of the subject property of which I am aware and have made adjustments for mess adverse conditions In my analysts of the property valve to the stem that I had market evidence to support them. I have also commanded about the elect M the adverse conhWens on the marketability at the subject property. 9. 1 personally prepared all conclusions and opinions about be real estate Wt were sat font in the appraisal report it I need on significant professional assitionce from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report I have named such indwadalls) and disclosed the spectic tasks performed by them in the recirculation section of this appraisal report I cents that try Individual so named is modified to perform the tasks. I have act aut onzed assume to make a orange to any tern in the repan, theretore, n an unaumorized change is made to the appSfsat report, I wig take no resppnsdArry for it. SUPERVISORY APPRAISER'S CERTIFICATION: t a supervisory appmhser signed the apmhsal report he or she deal and agrees that: I directly supervise the appraiser who prepared the appraisal report, have mimed the appraisal repan, agree with the statements and conalushom of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report ADDRESS OF PROPERTY APPRAISED: 1106 Golden Gate BIW E. Naples FL 34120 APPRAISER: SUPERVISORY APPRAISER (only 11 required(: Signature. Signature' Name' Harry Henderson SRA Name: Date Signed: May 28, 2010 Date Signer. State Cenficalion# R03475 State Certbication #: or State License #: or State License #'. State: FL state'. Expiration Date of Certiflucon or License', 11 /30110 Exiirathon Date at Certification or License ❑ Did ❑ Did Not Inspect Property Freddie Mac Form 439 6 -93 Page 2 of 2 Famfe Mae Form 1004B 6 -93 Form ACA — 'WInTOTA' appraisal Scone by a 1a mode, irc. — 1-80DDALAMODE I increases. -._"r " Details Property Record Parcel No. 3920: Aerial E Sketches Current Ownership Trim Notices Agenda Item JulyyhN pp 1 . Page 16 of 17 av `1 P'b o `e1 2009 Final Tax Roll (Subject to Change) Latest Sales History _ If all Values shown below equal 0 this Parcel was created aftor rho c ;..,.t r__ The Information is Updated Weekly. L11 M :77, �U01 http'// www. col lierappraiser.com/RecordDetail. asp ?Map= &FoliolD= 0000039203880 �l ;ie ,) mmn Details Agenda Item JulyA0® l Page 17 of 17 Property Record Aerial Sketches Trim Notices 1�� 1 Current Ownership M — ParcelNo. 39203880001 Property Address 1106 GOLDEN GATE BLVD E Sub No. L__141800 GOLDEN GATE EST UNIT 48. Millage Area Millaae Total School 1 Use Code �__1 SINGLE FAMILY RESIDENTIAL 11 87 6.4107 11 11.6491 115.239 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 I „� , v.a If saun - zaza II $ ( =) Just Value _ _ $ 203,102.00 12 / 1995 2133. Iona 1—' Q— and (_) School Taxable Value (Used for School Taxes) ]F$ 153,939.00 SOH ='Save Our Homes" exempt value due to cap on assessment increases. 19Ab cha�tl The Information is Updated Weekly. to �C ?7f u //lam http:// www. collierappraiser .com/RecordDetail. asp ?Map= &FolioID = 0000039203880001 n i n