Agenda 12/15/2009 Item #16B 5
Agenda Item No. 1665
December 15, 2009
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-exclusive Road Right-of-Way,
Drainage and Utility Easement which is required for the construction of the proposed four-
laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east
of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,100.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual non-
exclusive road right-of-way, drainage and utility easement which is required for the construction of the
proposed four-laning improvements to Golden Gate Boulevard.
CONSIDERATIONS: The subject easement parcel (a legal description and sketch of which is
attached hereto) contains 4,70 I 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 Ms. Velma
Graham.
The purchase price is $2,700.00 ($25,000,00 per acre) for the easement parcel and is equivalent to its
2009 assessed land value.
An appraisal indicating the most probable sale price of the easement parcel in the current real estate
market has been prepared and accompanies this Executive Summary at the Board's request, but it has a
limited relationship to the overall cost of this parcel as part of the project. The appraisal, by itself, does
not take into account the attorney fees and expert fees and costs which the County could expect to pay
if the relationship between the property owner and the County becomes adversarial. Fees for a
property owner's appraiser, engineer, landscape architect, building contractor and attorney could easily
add up to many thousands of dollars, and the County would be obligated to pay them under the
provisions of state law.
Staff believes the following are compelling reasons to purchase the subject property at the negotiated
price:
I. The owner has severed her relationship with her attorney and is cooperating with staff so there
are no attorney or expeli fees. A single expert witness hired by the owner is likely to cost the
County more than the difIerence between the assessed value of the easement and the market
value of the eascment.
2. This is not a forced sale. It will bc several more years before we would have to take the
easement through condemnation in order to proceed with construction. Conceivably, the
owners can afford to wait for the market to improve in the intervening years. However, the
owners are willing to sell now at a time when prices are low.
3. The principle of substitution, which lies at the heart of market value, does not necessarily apply
when it comes to negotiating the purchase Plice for right-or-way. The principle of substitution
states that a buyer will not pay morc for any given property than that price for which a
substitute property of equal utility can be purchased. In the case of right-of-way acquisition,
Agenda Item No. 1665
December 15, 2009
Page 2 of 16
once a corridor has been approved, an alignment has been selected, and the roadway
improvements have been designed, there are no substitute parcels which will satisfy the project
requirements other than the parcels for which we are negotiating.
4. When negotiating a price for right-of-way, it must be remembered that, regardless of the market
value of the property as indicated by comparable sales, a property's assessed value may be
introduced as an admission against the interest of the petitioner (when the petitioner is County
government) in the event the easement parcel must be taken through condemnation. In which
case, not only is a jury likely to give sympathetic weight to the property's assessed value (when
it is higher than the cun'ent market value), but the petitioner must pay for the costs of the
proceedings (which includes the fees of the owner's attorney and the expert witnesses for both
sides. )
FISCAL IMPACT: The fiscal impact is $3, I 00.00 and includes the $2,700.00 as the negotiated price
of the easement plus title search, title insurance and recording fees not to exceed $400.00. Source of
funds will be paid from gas taxes and/or impact fees.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient-JBW.
GROWTH MANAGEMENT IMPACT: This project IS consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: Based on the above considerations, Transportation staff is recommending
that the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel No. 261 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 neceSSalY to close the transaction;
4. Authorize the County Manager, or his designee, to take the necessary measures to ensure the
County's pelfonnance in accordance with the telms and conditions of the Agreement; and
5. Approve any and all budget amendments which may be required to CallY out the collective will of
the Board.
Prepared by: Joan M. Smith, SRJW A, Senior Propeliy Acquisition Specialist, Transportation
Engineering & Construction Management
Attachments: (I) Easement Agreement; (2) Property Location Map; (3) Appraisal Report; (4) Legal
Description/Sketch
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1665
December 15, 2009
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
Recommendation to approve 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-Ianing improvements to Golden Gate Boulevard from just west of Wilson Boulevard to
just east of DeSoto Boulevard, Project No, 60040 (Fiscal Impact: $3,100.00).
12/15/20099:00:00 AM
Prep. red By
Joan Smith
Transportation Division
Property Acquisition Specialist, Senior
Transportation Engineering &
Construction Management
Date
11/30/200910:16:26 AM
Approved By
Joan Smith
Transportation Division
Property Acquisition Specialist, Senior
Transportation Engineering &
Construction Management
Date
11/30/200910:31 AM
Approved By
Kevin H. Dugan
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
Date
11/30/20092:03 PM
Approved By
Usa Taylor
Transportation Division
ManagementfBudget Analyst
Date
Transportation Administration
11/30/20093:03 PM
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
11/30/20093:18 PM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney
12/1/20098:17 AM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
12/1/200911:15 AM
Approved By
Najeh Ahmad
Transportation Division
Director ~ Transportation Engineering
Date
Transportation Engineering &
Construction Management
12/1/20091:33 PM
"
Agenda Item No. 1665
December 15, 2009
Page 4 of 16
Approved By
Therese Stanley
Manager - Operations Support ~ Trans
Date
Transportation Division
Transportation Administration
12/1120093:27 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
12/1/20094:06 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/2/20099:56 AM
Approved By
Jeff Klatzkow
County Attorney
Date
12/2/200911:54 AM
A pproved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/4/20093:37 PM
Approved By
Mark Isackson
Management/Budget Analyst. Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/4/20094:12 PM
Ag<m
December 15
Page
1665
2009
of,16
I
PROJECT: 60040
PARCEL No(s): #261
FOLIO No(s): 39324000003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20_, by and between
VELMA R. GRAHAM, as Trustee of the Velma R. Graham Declaration of Trust dated
the 21" dal of June, 1995 and her successors In Trust, whose mailing address is 5655
West 150' Street, Overland Park, Kansas 66223-2634, (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 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 setforth 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 Oollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutualiy 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:
$2,700.00
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 at1orneys' 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:
~ .1 85
December 15, 2 09
Page 6 0 16
Page 2
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-g 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 jts 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.
ll.ru:::>nr!~ Itom I\~. 1685
December 1 , 2009
Page 7 0116
,
Page 3
(d) Unlit the date fixed for Closing, 50 long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever,
(e) There are no maintenance, construction, advertising, management, leasing,
empioyment, selVice or other contracts affecting the Easement.
(I) Owner has no knowledge that there are any suits, actions or arb~ration,
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 undertying the Easement, and all uses of the said property,
have been and presently are in compiiance with all Federal, State and Locai
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 sUlVive 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,
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-hoider 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, shali 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.
^::.-,...,...,,..j,, I-I-^~ II.I~ 1685
December 15, 2Q09
Page 8 o~ 16
I
Page 4
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.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
AS TO OWNER'
~TED: rt ' 1[1, "GI"'I,
/ -"') 4
<l~ n!l'd1r1{r:..Mt41,
. Witness (Signature)
~ r j:{1 ra A G'Ial:ftl---
Name (Print O~Type' /'
.J ) L-
~ -< <..<..-,- ./--: 7'--=- -
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Witness (Signature)
Chairman
~~'tk- K~~+LC~~ .
VELMA R. GR . AM, individually and as
Trustee
[:). I
rIA r+ b (~-C'11-1Q 111
Name (Print or Type)
Approved as to form and
legal sufficiency:
~-6"~~
Assist County Attornev
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s
TRACT 36
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14\+00
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OR OFFICIAL RECORDS (800K/PAGE)
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^S1':'V'~i? I"'~~ ~r~. 1685
December 15, 2009
e 9 of 16
LINE
L1
L2
L3
L4
L5
L6
L7
LINE TABLE
BEARING
SB9'Jl'OO"W
NOO'2S'OS"W
S8S'31'OQ"W
NQO'29'OS"W
$45'29'00"[
N8S'31'QO"E
SOO'29'05"E
LENGTH
150.02'
50.0Q'
150.03'
50.00'
28.29'
130.03'
."30.00'
WEST 180' OF
TRACT 37
GRAHAM TR
OR 2522/3426
~ HI8IT I ~
~a --L..Ot
DE LA TORRE
OR 32 '13/2206
[AST UN!: Or
WEST l~O' D.
TRACTJ7
I
TRACT 37
GOLDEN GATE ESTATES
UNIT 5D
PLAT BOOK 15 PACE B2
PROPOSED ROADWAY EASEMENT
PARCEL 261 ROUE
~,701 SC, FT.
I
TRACT 38
L6
(OR B76)
I
PROPOS:::O ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROA)WAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 82
LEGAL DESCRIPTION FOR PARCEL 261 ROUE
A PORTION or TRACT 37, COLDEN GATE ESTATES, UNiT 50 AS RECORDED IN PLAT BOOK 5,
RECORDS OF COLLIER COUNTY, FLORIDA LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
PAGE 82 OF THE PUBLIC
27 EAST, COLLIER
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT J7;
THENCE S.a9'J1'OO"W.. ALONG THE SOUTH UNE OF SAID TRACT J7, FOR 150,02 FEET TO A POINT ON THE EAST LINE
or TrlE WEST 180 FEET DF SAID TRACT 037:
THENCE N_OO'29'OS"W.. ALONG SAID EAST LINE, FOR 50,00 FEET TO A POINT ON THE NORTH lIr-.:E OF THE SOUTH 50
FEET OF SAID TRACT :57 AND THE POINT OF BEGINNING Of THE HEREIN DESCRIBED PARCEL;
THENCE S,89'J1'OO"W" ALONG SAID NORTH LINE, FOR 150.0J FEET TO A POiNT TO ON THE EAST LINE OF THE WEST
30 reET OF SAID TRACT 37:
THENCE N.OO'29'09"W" ALONG SAID EAST LINE, FOR 50.00 FEET;
fHENCE 5,45'29'OO"E_. FOR 28,29 FEET;
THENCE N.B9'J1'OC"E_, FOR 1.30.03 reET TO A POINT ON THE EAST LINE OF THE WEST 180 FEETCJF SAIO TRACT 37;
1HENSE S.00'29'OS"E" ALONG SAID U5T LINE, FOR 30.UO FEET TO THE POINT OF BEGINNING OF _THE HEREIN
DESCF<I!3ED PARCEL.
<0
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... nO~'{M l>E~S1[Rl:O Pl>Of'!:SSIOt.ll\l,. UIl.VCYQll '""0 Woi'P!:R
CONTAINING 4,701 ::iQUARE FEET, MORC OR LESS
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT
"
'"
SCA.LE, \"-eo'
BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED lWADlI'AY EASEMENT
PARCEL 261 ROUE
COLLIER COUNTY, nORJDA
DlXT^""~
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~51CWI~ParkDlj.e,Su~6200
Napl... FI(IIIc. 34109
Phone. 123~) ~97.0SIS FAX' (2~9) 597.1lS76
LB No.: 5g5,2
JOB NUMSCIl
050217.0000 0007
SHEET,
1 OF 1
Agenda Item No. 1665
December 15, 2009
Page 10 of 16
Parcel #261-Ms. Velma Graham
LAND APPRAISAL REPORT
Agenda Item No. 16B5
IMain File No, Parcel ?61R1lAF1~m~r 15, 2009
GGB Page 11 of 16
File No Parcel 261 RDUE
Borrower Graham GensusTract 112.02 Map Reference S1-T49-R27
Property Address N/E cor G.g,~iJ 8th;?treel NE
City Naples County Collier State FL Zip Code 34120
Legal Description Golden Gate Estates Unit 50 W 180ft of Tract 37
Sale Price $ NIA DateD! Sale NIA loan Term N/A yrs. Property Rights Appraised r~Fee I leasehold [j De Minimis PlIO
Actual Real EslaleTaxes $ 751,97 (yr) Loan charges to tle paid by semer $ NfA Olhersalesconcessions NfA
Lender/Client Collier County GovrTransDortatlon Division Address 2885 South Horseshoe Drive N, leB Fl34104
Occupant vacant Appraiser Hal1Y Henderson, SRA Instructions to Appraiser Estrmate Market Value Parent TracVPartial Tllke
Folio #39324000003
Location UUrban ;,2:...'lSuburban L....JRural Good A~g Fair Poor
Bui~ Up L]Over75% X] 25% to 75% UUnder25% ErnploymenlStabilily ::J " l8J i--~
8J ~_r
GrowthRale = FullyDev. [J Rapid ] Steady :2J Slow Conv~nienc€lo Em~loyment 'J [J LI
Property Values []Increasing ~ Stable i!JDeclining Convenienc~ to Shoppir,g ] ~ h 0
DemaOOfSupply []Shortaye l]lnBalance t8jOversupply ConveniencetcSchools ~l [J LJ 0
Marke~ng Time [] Under 3 Mos. I-' 4-6 Mas. [gj Dver6Mos Adeqlla[:y 01 Public Transoartalion ::J [2J 0 c~
Presenl Larnl Use ~% 1 Family _% 2-4 Family _%Apts _%eando -2.% Commer[:ial Recreational Facilitias 0 l2J [J n
% Industrial 40%Vacant % Adequacy 01 lItilities [' ry 0 0
".>.J
Change in Present LandUse ~] No! Likety ~rxLikety{.) [jTakingPlacen Prope:1y Compa~bility 0 [2J 0 iJ
(')From vacant To sinqle-Iamilv Prolution IromDetrimenlal Conditions [J l2J 0 [J
Predominant Occupancy :g] Owner CTenant % Vacant Po~ce and Fire Protection 0 [2J 0 0
Single Family Price Range I BOOOO to$ 400000 Predominant Value S 150000 General IIppearance of Properties 0 [2J [J [J
Single Family Age _2... yr;;. to--19... yrs. Predominant Age _---12. yrs. Appeal to Mal1<.et [J GJ [J []
Comments including tbose factors. favorable or unfavorable, ~tfecling marltetability (e,g, public parks, schools, view, noise):See attached addenda
DimenSions 180x680 - ~,-lll- Sq. Ft. or Acres .:2,; Corner Lot
Zoningclassilicalion Estates (2.25 a:.:re conforminq 101 slze min, 1 Presenllmpro~€merrts cWdo /\ do nOl eontorm tOlonirg regulations
Higheslandbestuse "_~' Present use 0.Ofher ISD~'!!y) eventual sinqle-familv development
Public Other (Describe) OFf SITE IMPROVEMENTS ITOPO Level
Elee. t'] Street Access t::J Pub~c l] Private ISile Comnallble with area
Gas 'CJ Surtace Macadam Shape Rectanoular
Water i.J Mamtenance kS Pu~ilc :.~j Private !View Nei hborhood
San. Sewer =:1 -- ' SlormSewe! lmJCurtJiGutler !Drainage~J!U9 be adequate
, , Umlerg:oundElecl, & Tel.: -. ~1_d!l.I'/~lk CJ StreetJlghIS... ils the property klclll.ed in! HUDldentlfied SpecialF~ed Hazard Area~ ..::...Ne - y"
Gemmenls (:a~orab'e 0' ~nfavoraole Incl~dll1!l any 2~oarenl adverse easements enc'(lal;~mcnts 0' omel aclverse conditions) ?9.fl~P. Comm#1.20067C0250G,_dtd 11/;7105
No adverse conditions observed. The sUb'ect lands are <lssumed to have an upland/wetland profile which would allow slna~-ramil develo ment
as allowed bv zonino without alvnical nermittinn and/or mitioallon, Tvnical roadwav and/or parameter ulilit easements exist on the site: these
are common in the areil and do not Imnact value
Ttle unde'signe~ has recile~ three recent sales ot prop~rlle, most similar and plO~lmate to subJ~ct and has conSlder~d these 10 lhe ma'kel anatl'sis he dcswption irteludes a l!oll~f
adiustment le!!ectmq markel reWion 10 11l0se items Of s'On<licanr variation bdwcen t~e suble~t and comp~rable p'up~fues, II a Slonificanl ]tern .n the wmp~'~b:e proP'!lrty is superior
to 0' more fa~orable th?n the subjecl p~oDert)', a m,nJS {-I adjustmenlls mode thus reducing the lod:caled ~alue of s;nlecl: if a s'gn:flcant item in the wm~arable is inte'ior to or less
lavorablettlan the subiec~ property, a plus (+) adlustmenl is made Ihus increaSing lhe Indicated value oj the subject
ITEM I S.YBJECTPROPERTY COMPARABLE NO. 1 ..-.- CQMPARABJJNO 2 COMPARABLE NO.3
Address NIE cor GGBI1 Bth Street NE SlS Jung Blvd 360 14th Ave'1ue NW W/S 12lh Street NE
Nanles, FL 34120 Naples. FL 34-:20 Nanles F'L34120 Naoles. FL 34120
Proximll toSub'ect 239milesNW 3.25 miles NW 0.82 miles W
Sa]esPrice I NIA TS 12.0001ac II 13.0001ac II 1132"./ac
Price Gross I, 30,000 IS 32,500 18,000
DalaSource MLS#207046588 MLS#20B030985 MLS#207013599
Date 01 Sale and DESCRIPTION DESCRIPTION 1+ - $ Adust. DESCRIPTION +(-1$ Adiust DESCRIPTION I +1-)$ Adiusl
Time Ad]ustment NIA 7/09 ~0.9 4/09
Location GGE -- .?jmilar Similar - Similar
Sil~Niew 2.81 acres 250 acres in$/ac 2,50 acres In$lac 1.59 acres . in$/ac
~Qbi' -- _Level/natural Level/natural L<:y~l/n~~ur.91 Leve~n?lural
Zonina Estates Estates Estates Est<'ltes .
~~. -- - -- - --
Sale50rFlnancing NIA Cash or Equiv Cash or Equi~ Cash or Equiv. .
Concessions . .
"NelAd01otaP .-.. '. -- - 1-. r
s + , S + - S
l I - Is
Indicale<lValue
olSutlwct 12,000 Is 13.000 11,321
Comments on Market Dala See attached addenda
.-
Comments and Conditons o! Appraisal: -.
Sublect and comps are compared on a Slacre ~nit price baSIS See attached Limltinq Conditions
~.
-.-.----
FmalReconciiialion: 2.81 acres (ii) S12.5001acre "' $35.125 (Before ValU:l':.gr ~arent Tract)
-
raised Compensation relati 10 Partial Take Parcel 261RDUE = $1 335 seeadden-da
I ESTtMATETHE MARKETVAlUf, A$ DEFINED, OF $UBJECT PROPERTY AS OF November 7, 2009 10 ~e S 1,335 oartlaltakel
Harry Henderson SRA - Did Did Not Physically Inspect Property
-_._-~-_. "....~.._---- -~
Appraiser(s) Review Appra,ser (il appiiuble)
~2K1
ColiierCountyGovemrrenl
Form LND - "\I,linTOTlIl" appraisal sottware by a la made. inc, -1.SOQ-ALAMODE
Agenda Item No. 1665
~o...E~rceI2611'1OOE1l'1tml'wQlr 15, 2009
Page 12 of 16
Supplemental Addendum
File No Parcel 261 RDUE
BorrowerlClient
~_Address
~!Y
Lender
Graham
N!E cor GGB/18th StreeLNJ:
Naples
Collier County GovtT ranso~;:t~;,;-~-O;~;;;~
_~O~~lL~Q!I:~!~
Stale FL
ZipCode 34120
. Land: Neiahborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area. Golden Gate
Estates is a sprawling pre-plaited subdivision consisting of acreage-type single-family homesites (1.14 to 5 acres typically) in a
semi-rural setting. Essential s~rvices are within a 35 minute drive, Golden Gale Boulevard is an east-west running thorofare
linking the easlern Estates area to Collier Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and camps are compared on a uniUprice ($!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 estale
market has been in decline since late 2005 and remams exceptionally weak.. the Estates market has been especially soft due 10
a severe supply..cJemand imbalance in this area. The sales cited are relatively recent transactions: no time adjustments have
been applied in arder to give properly owner's every benefit 01 the doubt.
The indicated unit prices range from $11.321!acre to $13,OOOlacre: given Ihe comparison criteria discussed, a unit price of
$12,500/acre is selected as reasonable forthe subJect lands. Thus-
2_81 acres x $12.500/acre '" $35 125/ Before Value of Parent Tract\
The Proposed Take
Parcel 261 ROUE is a mostly 301l-wlde (plus corner cI;p) strip taki'lg running along the front of the subject site on Golde'! Gale
Blvd. This ROW interest will be in the form of a permanent easement which witl widen an existing ROW easement over the
subject properly for the eXisting GGB. The proposed new easement area wl[1 contain 4,701sf or, 108 acres.
This easement represents a 99% encumbrance to the underlying land; no sile Improvements {only native vegetation) lie within
the easement area, The value of the land being acquired is therefore
S~2,500/acre x 99% x, 108 acres = $1.335 (rounced)
In the aHer conditi:Jn, the subject parent tract could Cle IrnprDved in d similar lashion as before the take (at least a 100ft front
yard. sufficient lootprint tora house). no severance damage
Total Appraised Compensation parcel 261RDUE $1.335.
r::mll TAOD - "'NdOlAL" a~p~ais"1 software ~y 3:a 111ode, i~!C, --1.8QQ.ALAr,10DE
--
Location Map
BorrowerlClient Graham
Propert Address NfE cor GG81181h Street NE
Ci Na Jes COUll Collier
Lender Collier Count GovfTrans ortation Division
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Agenda Item No. 1665
IMainFileNo_parcel/6-mtfl~~~r 15, 2009
age 13 of 16
State FL
Zi Code 34120
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Form MAP.LOe - 'WinTOTAL' appraisal software by a la mode inc.-1-800-ALAMODE
Agenda Item No. 1665
IMi,!inJile r~o Parcel ?6lI9mlP.J:::R:nt'lAr 15, 2009
Page 14 of 16
DEFINITION OF MARKET VALUE: The most probable pnce which a oroperty shOuld tiring m a competitive and open marke! under all conditionS
reQuisite 10 a lair sale, the buyer ard seller, each acting pru:Jerrtly, ~rlOwledgeably and assuming the pnce is nOl afleeled by undue stimulus. Implicil in !his
definition is the consummation of a sale as 01 a specified date and the passing at trtle trom seller to buyer un,jer wnditions wh€'€by: (1,1 buyer Jne seiler are
typically r1otivaled: (2) both parties are ',\'ell irlormed or well advised, and ~ach acting in what he COnsiders 1';$ own bes: inler~st: (3) a reasonable lime is allowed
for e~posure In :he open market. 14) Oi1yment is made in terms of casll in U.S dOllors or in lerms 01 Ilnancial arrangements comparable !r,erelO: arID (5) :he price
represents the normal consideration lor The property sold onaJfecled tJy special 01 Cfeilti~e lirunclng m sales concessions' glanted bl' anyone assoclaled With
the sale
. Adustll1€nts to the comparables must be made 1m special or creallve financing or sales contesslons. ~o adjustments are !1fJcessa:y
lor those costs which are nOrmally pa:(j by sellers as a result 01 tradition Of law i1 a market area: Ihese costs are readily Identifiab'e
sirlCe tile seller pays these costs in ~irtually ali sales transactions Special or creative financing adluslll1€nts can be made to the
comparat,le property by comparisons to financing terms o!iered by a third party institutional lender that IS not already InVOlved in the
croperty or transaction Any adlustment should not tl€ caiculated or a mechanical dollar 'or dalla' cost 01 the financing Of concessicn
but :he dollar amount of any adjustment should approximate the 'T1ar~ers 'cactlon to the lmanclng O' concessions based on the
appraisersjudgemen1.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The apprarser'> cerli1rcatiDn Inat appears In the appraisal report IS subject 10 :he tollOWlng
condilions'
1. The appraiser will not be rescorts ole tor matters 01 a iegdl nature tnat Mlect either t~e property be!~c ilppralsed or the tl~e to it The appriliser assumes that
the !ilte IS good alld markelable and, therefore, will nal render'any opmrons about t~e title. The oroperlj is appraised on the basis 01 it being under responsible
ownership
2. The aJnralser has provided a :;ketch in the appraisal report to sholl. apolGxl'1lale dimensions of the Improvements and Ihe Ske:Ctlrs IncluGed only to assist
Ihereaderofthereoortinv,sualillrtglheproper1\'andunOB's:andmg Iheappralse's determination ofitssle
3. T~ awaiseT .la5 eXiHTl!ned tilt iJVdilobl~ liood maps 1I1al m provideG by Ino Feeieral Emergenq Mar,agerT'enl ilgency 10' oilier data source;" and has noted
in l1e ZDpralsal r€Jort whetner the subject sl18 '$ located ,n an idem!tied Specia: flood Hazard Arp-a. Because t!le aporaiser is ~ot a sur,'eyar he or she '11akes
noguaranlees, exoress or implied re9arding this dmermma!icn
~, H.e apD'a:Ser 'Nil! not give tesllmnny or appear in cou~ bpC~lIse r(; 0' she made an appraisal 01 :he p'ope'll' <n Question U11ess spec:f:c a;rangements to 00
so have been ma:Je b~fore~a~d
5, Ttle aJoraiser hilS eSlrmated I~e volue at IIle :anu ;n rho cost app:u(i(ll Jt its l1lGr'est and lie,1 u,e o'le tile Irloro~e:nen:s 01 tilelr contributor)' value These
separate valuilton.i 01 the :a~d and inprovements must nol be IIsed in CJnlunc:lon wilr any cther apora'sa: aM ar<; :nvalld 11 the\' are so used.
6 The appraiser has noied in t1e appraisal report any adverse conditions :such as neeoec repairS Ge:JleclaLon, Hie presence of hazar{loJs wasies, toxic
subslances, etc.,! observed during 1he inspeCllOn of the SUDlect llropel1y 01 trlat he or sne became aware at during the nmmal research involved In DerformlOg
lile appraisal Uniess otherwise state<f in the app:aisal report, the appraiser has no knowledge of any hidden or unapparent wnditions ot Ihe property or
adverse en~lronmental conditions linC'L'dinq the pr~senCf of hawdo~s wastes, loxlc substances ~tf.i Ihal woulc make Ihe prcperty more or less ~aloable, and
has assumed trat fhere are no such condiliOn$ and milkes 00 gUil'antees or warranties. exnress 0' Irn~liec, regarding the ccndilion 01 IIIe prope1y Tile
app:aisel will not be responsible tor any such conditions that do exist or for any engrneering or testing thai mighl be re~ui;ed 'to jiscover whether such
conjitlOns ex.ist Because the a:Jpralser is nol an e:oer1 rn the 11~ld 01 envlronmen;al hazards Ine appralso! report l1ust 10t be cons'de:ed as an
eMlronmentillassessmenloJllleoroperty
7. The apvalser obtllOed the ;ntormalicn estlrm:es and opinions t~at were expresset: In Ihe ;!ooralsal repor; I'om sources t~.at re or she consloers to be
;eliable and believes them 10 be lrue and wrrect The appraiser does 10t assume responsibility lor the accura:}' of SJch items that WBre lu'nished bJ' other
par1les
Tile appraiser will not d:sclcse :he contents o~ ille appraisal report except as provroed for 10 Ihe Uniform Slandalds o~ ProfeSSional Applaisal Practice
g Tile apDraiser has based his or 'IEr appraisal 'eoort and I'alua:lo'! COr1cl~Slo~ lor a~ cODralsa [hot IS subiect to satis:acl01) cOlilple:lDn, repairs, or
alterat,ons on the assumotlon that completion oi the Improvements will De perto'11~C Irt '- wo.kmr.nllke :na1ner
10 The anprais~~ mus: provide his or ~er p~lor written consenl oelore :ne lenoerCllent speGlfI~d in :I't appralsa! report can dlslribu:e 11'9 aplYalsal report
(inclucing com:lus'ons about the property value. the appraiser's identity an.j o'ofe5siOnal d~,;ign"hons anr, 'elerences 10 ;my prnl~ssional appraisal
organilations or tM lirm witn whiCh IhEi appraiser is as,oClilted! 10 an~Ole Ot:I~1 tllar tile ~orrower: :l1e morcg.gee O' its ,'>lIccessors and assigns: lhe mortqage
inSL're~: comul1anls; pro:essional appraisal ofganintlons: any' 5tate or re!Je;ally aDpro~ed flnanc:a' Insti:uiian: or any departmenl a9{:'1CY, or insl'umentalily
of Ihe United Slates Of any state or the District of Cotumbia: excepl t1at me ienje,.'cllen: mal' distr:o"te the pIGoe1y desc~iption section 0: the ~~porf only tc data
col!eciion Of reporting service(s) wililOut having to obtaw the app;alse(s Dnor 'N'I:ter c015ert TIB (JPDralser'5 written consent and ap;l'ova: must also
be obtalne{! !lefoce the appraisal can be conveyed by an\,o'le !e th~ put.llc 1:1rOllo" JdVerning Dubilc relalions news, sales, or oiher fredia.
Fr~ddie Mac Form ~39 6-93
Page;o12
Fannie Maefmrr, 100456,93
Collier ::;oun~' 3overr.menl
FG'm ACR - .WmTOTAl" aomalsal scflware tJv a la r10ne, Inc -lc800,A~M,1ODf
Agenda Item No. 1665
IMainFileNo.ParceI2GtaunPII~ 15, 2009
Page 15 of 16
APPRAISER'S CERTIFICATION; The Appr.iser certifies ar:{! agrees that:
1. I have researchelllhe sublect markel area and have selected a minimum of three recent sa~s of properties most similar and proximate 10 the subject property
jar consideration in the safes comlwison analysis and have made a dollar adjustment when appropriate 10 rellsctlhe market reaction to those items 01 sign~icarrt
~aTiation, Wa significant item in a comparable property is supenor 10. or more favorable than, the subject property, I have made a negative adiustmerrll0 reduce
the adjusted sales price of the cOrTllJarable and, ~ a significant item In a co1l1jJarallle property is inferior to, or less favorable than the sublect property, I have made
a oosilive adlustmenl to increase the adjusted sales price 01 the com parable
2. I have taken into consideration the faclors !nat have an impact on value in my development oj the estimate of market value in the appraisal report I have not
knowingly withheld any significant information from the appraisal report and I believe. to the best of my knowledge, thai all stalements and in1ormation in the
appraisal report are true and correct
3. I staled in the appraisal rllport only my own personal. unbiased. and professional analysis, opinions, and conclusions, which aresutJiect only to the contingent
and limrtingconditions specified in this torm.
4. I 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 did not base. either partially or compilltely, my ana~sis and/or lhe estimate of market value in the appraisal report
onttle race, color, religion, sex, handicap, familial slatus, or national origin of eitherltle prospective owners or occupants ofthesubjec\ property or of the present
owners oro:cupants Of the proparties in lha viCinily of the subjact pro perty,
5. I have no present or contemplated luture intereslln the sublect property. and reittler my current or fuLire employment nor my compensation for perJorming this
appraisal is contingent onlhe appraised value of lhe proper1y
6. I was not requ.re(J 10 report a predetermined value or directIOn in value that favors the tause ot the client or a~y related party, !he amount ot the value estimate,
the attainment oj a specilic result. or the occurrence 01 a subsequent event in order to receive my compensation and/or employment for per10rming the appraisal.
did not base the appraisal report on a requesled minimum v<lluation a specltlc valuation. or the reed to approve a specific mortgaga loan
7. I performed this appraisill in conlormity willl the Uni\arm Standards 0\ Professional Appraisal Pract:ce thaI were adopled and promulgated bl' lhe Appraisal
Standards Board of The Appraisal Foundation anD that wert in plilce as of lhe eflecfive date Of this appraisal. with the exception of Ihe departure provision of lhose
Standards, whicr coes not apply. I acknowledge that an esfimate of a reasonable time tor emosure in the open marke1 is a condition In the de!illition of market value
and the estimate developed is consistent with the marketing time Ilolel! m tlie neighborhOod section of mis report. unless I have otherwise Slate{! in ltit1
reconcilialionsection.
8. I have personal~' inspected the Interior and exlerior areas ot lile subiect property and the exterior of all oroper1IElS lisled as comparatJles in 1he appraisal repon
I 'urther certify lha: I have noted any apporenl or Known admse conditions in the subject improvemerJls. on the subject site, or on any site willlin the immediate
vicinity olthe subiecl property of which I am aware and l1a~e made adjustments for these adverse wnditions in my analysis of the property value 10 t~ extent that
I had market e~idence to support them. I have alsc commented about the effecl of the adverse condilions on the marketability or Ihe sublecl property
9. I persor.ally prepared all conclusions and opiniOns aboot the real eslate thai were set lorth in jhe appraisal rp-port. If I reJlM on significant prolessional
assistanr;e lrom any individual or indi~idua\s in Ihe performance of the appraisal or the preparation of Ihe appraisal report, I have nam8ll such individual(s) and
disclosed the specitic tasks pertormed by them in the reconciliation sectillrl of this appraisaJ report. I te1ify that any individual so named is quamled to perform
the tasks. I have not authoriZed anyone to make a change to any item ir !he report: therelore. if an unauthorized change is made to lh€ appraisal report. I will take
no responSibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: If 0 superviSOry appraiser signed the appraisal report. he or she certitles and agrees that:
I directly supervise the appraiser who pmpared the appraisal report. !',ave reviewed the appraisal report. agree with the statements and conclusions of the appraiser.
agree 10 be bound by the appraiser's certifications numbered 4 through 7 above, and am taking lull responSibility lor the appraisal and the appra isalreport.
ADDRESS OF PROPERTY APPRAISED: N/E cor GGB!18th Street NE Naples Fl34120
APPRAISER: SUPERVISORY APPRAISER (only jf required):
Signature:
Name Harry Henderson, SRA
Dale Signed' November 7,2009
StaleGerti!ication# RD3475
or State Licensf #.
State: FL
ExpirationDateolCertificallonorlicense:..1.1D0!10 _~_~_
Signature:
Name'
Date Signed:
Stale :ertification#'
or Slatf License #
Stale:
Expira\ion Date of Certification or License
[~: Did
Did tJot Inspect Proper1y
Freddie Mac Form 4396-93
Page 2 012
Fannre Mae Form 100486-93
Form ACR - .WinTOTAL' appraisal software by a la mode, hc. -1.BOo-ALAMOOE
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