Agenda 09/15/2009 Item #16B 5
Agenda Item No. 1685
September 15, 2009
Page 1 of 68
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement for the acquisition of a perpetual
road right-of-way drainage and utility easement which is required for Phase II of the Santa
Barbara Blvd. project. (Project No. 62081) Estimated Fiscal Impact: $32,250.
OBJECTIVE: To obtain Board approval for the purchase of a perpetual, non-exclusive road
right-of-way, drainage and utility easement which is required for Phase II of the Santa Barbara
Blvd. Project (Project No. 62081).
CONSIDERATIONS: Collier County is seeking to obtain a 0.186 acre portion of a property
which is owned by John S. and Robin Williams. The 2.76 acre parent tract is located on Santa
Barbara Boulevard in Golden Gate Estates and is improved with a single family dwelling. The
easement (Parcel No. 168) contains 8,100 square feet and encompasses the West 54 feet of the
East 107 feet of South 150 feet of Tract 108, Golden Gate Estates Unit 31.
In March, 2008, the property owner was given notice that the County intended to purchase right-
of-way for the project, and the County's appraisal dated February 16, 2008, was sent to the
owner's attorney. Because the proposed timing for construction of the project was being
rescheduled, no formal offer to purchase the property was sent to the property owner. In
September, 2008, the property owner was invited to negotiate for the sale of the easement. In
March, 2009 the property owner indicated they would like to sell the easement to the County for
the appraised value of $31 ,000. However, given continued declines in land values since the date
of the appraisal, our staff Review Appraiser estimates that compensation for this parcel is now
closer to $21,000 (based on the current market value of the land).
Nonetheless, even taking into consideration the declining real estate market, and in an effort to
deal in good faith with the property owner (and to avoid future fees and costs in connection with
the condemnation of this parcel), an Easement Agreement has been prepared reflecting the
original $31,000 compensation estimate.
Staff believes the following are compelling reasons to purchase the subject property at the
original appraised value of $31 ,000:
1. The owners are cooperating with staff so there is only a nominal attorney fee and no
expert fees.
2. This is not a distress sale. The owners can afford to wait for the market to improve.
3. It is not likely that the market value is going to decrease significantly further at this
point; and while most experts believe it could take between 5 and 7 years for the
market to fully rebound, if the County waits that long to purchase this easement, we
are likely going to be paying as much or more for the subject property as the owners
are seeking today.
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FISCAL IMPACT: The fiscal impact will be the cost of acquiring the property for $31,000 to
the Williams, $1,000 for legal fees and consultation, an estimated $200 for processing fees to
secure a subordination, consent and joinder from the first mortgage holder, and recording fees
estimated at $50.00. The funds will be paid from gas taxes and/or impact fees.
Agenda Item No. 1685
September 15, 2009
Page 2 of 68
GROWTH MANAGEMENT IMPACT: The proposed purchase is consistent with the Long
Range Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This is a regular item requiring simple majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on
behalf ofthe Board;
2. Authorize the payment of processing fees required to obtain a subordination, consent and
joinder from the first mortgage holder;
3. Authorize the payment of all costs and expenses necessary to close the transaction and record
the closing documents;
4. Authorize the County Manager or his designee 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 0 f the Board.
Prepared by: Paul Young, Sr. Right-of-Way Acquisition Specialist, TECM
Attachments: (1) Easement Agreement; (2) Supplemental Valuation Memorandum dated
August 4, 2009; and (3) Appraisal dated February] 6,2008.
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Agenda Item No. 1685
September 15, 2009
Page 3 of 68
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1685
Item Summary:
Recommendation to approve an Easement Agreement for the acquisition of a perpetual road
right-of-way drainage and utility easement which is required for Phase II of the Santa Barbara
Boulevard project. (Project No. 62081) Estimated Fiscal Impact: $32,250.
9/15/2009 9:00:00 AM
Meeting Date:
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/13120095:16 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 8/17/20092:59 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/18/20094:24 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/21/2009 2:55 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/24/2009 11 :24 AM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8/24/2009 2:31 PM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering &
Construction Management 8/28/2009 9:45 AM
Approved By
Pat lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 8/28/20093:42 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 8/31/2009 11 :03 AM
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Agenda Item r-Jo. 1685
September 15, 2009
Page 4 of 68
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
8131/20092:15 PM
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Agenda Item No. 1685
September 15, 2009
Page 5 of 68
PROJECT: #62081 Santa Barbara Blvd- Phase II
PARCEL No(s): 168
FOLIO No(s): a portion of 38229200006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 2009, by and between
JOHN S. WILLIAMS AND ROBIN WILLIAMS, husband and wife , whose mailing
address is 1941 Santa Barbara Blvd., Naples, FI 34116, (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 ROADWAY, 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:
$31,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Purchaser
also agrees to pay legal fees in an amount of $1,000.00 to Bella Patel, PA for
assistance and counseling to Owner in completion of closing documentation. Said
payments 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:
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Agenda Item No. 1685
~~ber 15, 2Q09
Page 6 0 68
(a) Easement;
(b) Closing Statement;
(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 andlor 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
8xecute, deliver an.d perform its obli02tiQns under this Agreement and the
instruments executed in connection herewitr,. 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.
Agenda Item No. 1685
~@rsber 15, 2 09
Page 7 of 68
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
(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,
all Easement recording fees, and any and all costs andlor fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
Agenda Item No. 16B5
~]@l2Pber 15, 2009
Page 80f68
payable to the Owner per Paragraph 2. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
required on the instrument(s) of transfer, unless the Easement is acquired under
threat of condemnation.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser. (If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
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,J n S. Williams
,D~ff UJ Of2~ qli4NU(J J -
Name (Print or Type)
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Witness (Signature)
CF'liL-u----u..t-:l~ Coc..(.C)
Name (Print or Type)
Xt^" [;Udf~j.
Robin Williams
fl id' i NJX.,(. {; If 1'Ml~ t":! .
Name (Print or Type)
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Witness (Signature)
C.-\~-u..~ Ct:c..c.o .
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 2/19109
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Agenda Item No. 1685
~~51ber 15, 2" 09
Page 9 0 68
4 I 5 I 6 I 7 I 8 ! 9 I 70 I 7J 1'2 i 13
GOLDEN GATE ESTATES UNIT 5, PLAT BOOK 5, PAGE 117-723
LEGAL DESCRIPnON
BONG THE WEST 54 FEU OF THE EAST 707 FEU OF THE SOUTH 150 FEU OF TRACT 108,
ESTA TES UNIT J7, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA.
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NORTH 780'
OF TRACT 708
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PROPOSED PERPETUAL.
NON-EXet.USI'~ ROAD
R.O.W., DRAINAGE, AND
U71UT'/, EAsatENr
4100 FEET
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SANTA BARBARA BOULEVARD
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EAST LINE OF SECTION 20
CONTAINING 8,100 SQUARE rEU MOF(E OF( LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A SURVEY ...
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CmF/nCATE OF AUTHORIZATION # LB-43
BORINCS ARC BA'S[D (W NORrH
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S'1"S![41 (GRID) TQ1? FLORIOA [A.ST lON(.
PROJECT NO.:
62081
PARCEL NO. :
168
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GRAPHIC SCALE
~Item N .1685
I September1 ,2009
p::jn~ 1 o~ 68
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GOLDEN GA TE ESTA TJ UNIT 30,
PLA T BOOK 7. PA~ES 58
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PROPOSEO I
R.o. W. EASEMENT ~
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707
EXISTING 53' EASEMENT
FOF( R.o. w: PU~I POSES
(PER PLA T)
14 1'5
BLOCK 153
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134
GOLD[N GA T[
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EXHIBIT I{ A
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LEGEND:
I " " , ., '" 1 EXiSTflVG
'. ' "'., ~ R.O W. EASEMENT
!/ / "V / ' '1 PROPOSED
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R.OW. = RIGHT OF WAY
WilsonMillei'~ .~~,~~
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Plsmen . ~r8 . &ciOfP/' . StrYeycn . L&Ili:hc!pe ArcNI&cft . Tr4!16pOr1alion Cclt1sU'lanff
WilsonMJUer, Inc.
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:12OO8d!y lw, fAile ax. . &pin, Fbt/r ~ . fIhtnt g.r~ . Fv ~m . Wee-&fe Il'II'lI"D.7rir.fQl'll
CUENT, COLLIER COUNTY TRANSPORTA TlON,
eNGINEERING &: CONSTRUCTION MANAGF:MeNT DIVISION
"leE SKE:TCH AND D~SCRIPTlON
B[ING PART or TH[ SOUTH ISO.' or TRACT 108.
GOW[N GA TE [STA TES UNIT 31, PLA T BOOK 7, PAG[ 59,
COLLi[R COUN Tr, FL ORIDA
D"T[ I PROJECT NO,: I SHEET NU~BER~ .1 Fll..( NO.:
04/2002 N6022-002-010- TDHWP 168 OF xxx 2GG-203
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Agenda Item No. 1685
September 15, 2009
Page 11 of 68
SUMMARY APPRAISAL
OF
PARCEL 168
SANTA BARBARA BOULEVARD
WIDENING PROJECT NO: 62081
A PORTION OF
A SINGLE FAMILY RESIDENTIAL PROPERTY
Owned by: John & Robin Williams
Naples, Collier County, Florida
As of February 16, 2008
FOR
Mr. Harry Henderson, Review Appraiser
Collier County Division of Transportation
2885 South Horseshoe Drive
Naples, FL 34104
BY
COASTAL ENGINEERING CONSULTANTS, INC.
3106 S. Horseshoe Drive
Naples, Florida 34104
(239) 643-2324
Fax: (239) 643-1143
CEC FILE NO: 08.005
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
GEGI Group sf~~ 12 of 68
Civil Engineering
Planning Services
Survey & Mapping
Coastal Engineering
Real Estate Services
Website: WVI/W.coastalengineering.com
COASTAL
ENGINEERING
CONSULTANTS
INC.
February 29, 2008
Mr. Harry Henderson, Review Appraiser
Collier County Division of Transportation
2885 South Horseshoe Drive
Naples, FL 34104
RE: PARCEL 168 - SANTA BARBARA BOULEVARD WIDENING PROJECT
A PORTION OF A SINGLE F AMIL Y RESIDENTIAL TRACT
Owned by: John & Robin Williams
Naples, Collier County, Florida
CEC FILE NO: 08.005
Dear Mr. Henderson:
I have personally inspected the individual parcel identified above and have analyzed all data considered relevant to the
valuation of this property. The pwpose of our inspection and analysis was in conjunction with our estimation of current
market value to assist the Collier County Division of Transportation in acquiring the subject property for future right-of-way.
Market Value as considered in my analysis is defined within the body of the following report.
The enclosed appraisal is written in confonnance with the guidelines and requirements as set forth by the Uniform Standards
of Professional Appraisal Practice (USP AP), year 2008 edition, and the Supplemental Reporting Requirements of Colli
County. The report format is written to conform to the requirements for a Summary appraisal, according to USP A..
requirements. The parent tract is improved with a single family home setback approximately 401 feet from the existing
Santa Barbara Boulevard right of way. After the proposed taking, the residence will be setback approximately 347 feet from
the proposed right of way. Based on the setback study included in this report, residences with a setback of 100 feet are most
common and desirable and properties that have a reduced setback greater than 100 feet are not affected. Therefore, building
and site improvements located outside the proposed easement area are unaffected by the taking. Accordingly, the appraiser
will only value the subject land and the improvements within the taking area.
This letter is for the pwposes of transmittal, and is a part of the attached report. It is not intended to be an appraisal of the
subject property, in and of itself, and must be considered in conjunction with the complete appraisal report for the value
opinion set forth herein to be valid. The effective date of the appraisal report is the date of this letter. The effective date oj
value for the report is the date of our most recent inspection of the property, February 16,2008.
Based on my full investigation and analysis of all data considered to be pertinent to the valuation of the subj ect property, it is
my opinion that the market value of the future right-of-way, as of February 16,2008, is:
THIRTY-ONE THOUSAND DOLLARS
($31,000)
Sincerely,
COASTAL ENGINEERING CONSULTANTS, INC.
/7lWJ%/'P /} r-'
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/% h . \...r7-'ir'1/'T-
Michael P. Jonas, MAt:>'
State Certified General'ReaJ Estate Appraiser RZ2623
3106 S Horseshoe Drive. Naples, Florida 34104 · Phone (239) 643-.:'324 Fax (239) 643-4364 · E-mail: en!.!collier(acecifl.com
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 13 of 68
TABLE OF CONTENTS
APPRAISER CERTIFICATION ....................................................................... ............................................................1
SUMMARY OF SALIENT FACTS AND CONCLUSIONS .......................................................................................2
PROPERTY ADDRESS OR LOCATION....... ........ ...... ................ ....... ......................... ..... ....... ...... ............ ...... ........... 4
PROPERTY OWNER NAME AND ADDRESS ............................................. ............ .................................................4
LEGAL DESCRIPTION ............ ...... ...... ....... ...... ........... ........ ...... ..... ..... ...... ........ ...... .................. ...... ......... .................. 4
PROPERTY RIGHTS APPRAISED... ............ ...... .... ......................... ....... ........... .... ................ ................. ........ ...... ...... 4
PURPOSE, INTENDED USE, AND INTENDED USER OF APPRAISAL................................................................4
SCOPE OF WORK .......... ................. ...... .... ..... ................... .... ........ ... ............... .................. .......... ............ .... ................5
EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS............................................................ 5
APPRAISAL FORMAT. .................. .......... ...... ...... ...... .... ....... ...... ............ ...... ...... ...... ................ .......... ............... ......... 5
TYPE OF PROPERTY..... ........ ....... ...... .............. ........ .......... .... ........... ....... ......... ........ .......... ............ .......................... 5
DEFINITION OF MARKET V ALUE ..........................................................................................................................6
EFFECTIVE DATE OF VALUE AND DATE OF REPORT ......................................................................................6
PROPERTY INSPECTION .... .......... ........ ......... ......... ....... ...... ............ .... ....... ............. ................ ...... ......... ............. ..... 6
mSTORY OF THE PROPERTY (LAST 5 YEARS) ................................................................................................... 7
NEIGHBORJIOOD LOCATION MAP ..... .......... ....... .................................. ........................ ............ ............... ....... ......8
NEIGHBORJIOOD. .......... ...... ........... .... ....... ..... ........ .......... ..... ... ....... .......... .... ...... ...... .... ......... ...... ....... ...... ................ 9
SUBJECT PROPERTY AERIAL PHOTOGRAPH....................................................................................................14
DESCRIPTION OF THE PROPERTY.......................................................................................................................15
ZONING AND LAND USE........................................................................................................................................16
ASSESSED VALUE AND TAXES ............................................................................................................................ 18
PUBLIC AND PRIVATE RESTRICTIONS ..............................................................................................................18
HIGHEST AND BEST USE.......................................................................................................................................18
APPROACHES TO VALUE OMITIED AS NOT APPLICABLE ...........................................................................20
LAND VALUATION ..................................................................................................................................................21
SALES LOCATION MAP ............. ...... ............. ......... .......... ............. ....................................... .................... ...... .........22
COMPARABLE SALES GRID ................................................................ ................................. ...... ...........................23
ACTIVE LISTINGS CHART ... .... .......... ......... ......... ................... ......... ...... ...... ...... ................... ........ .................... ..... 24
VALUE OF AFFECTED IMPROVEMENTS ............................................................................................................ 28
VALUE OF THE WHOLE PROPERTY (LAND & AFFECTED IMPROVEMENTS ONLY) ................................28
VALUE OF THE TAKING ........................................................................................................................................29
VALUE OF THE REMAINDER AS PART OF THE WHOLE.................................................................................32
VALUATION OF THE REMAINDER ......................................................................................................................32
SETBACK ANALYSIS.. ........ ........ ............. ....... .......... ..... .... ......... ........ ............... ............ ......... ...... ............ ..............32
DAMAGES TO THE REMAINDER..... ............................ ...... ............ ......... ........... ................ ..... .................. ............ 33
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APPR<\ISER CERTlFICA nON
Agenda Item No. 1685
September 15, 2009
Page 14 of 68
I certify to the best of my knowledge and belief, that:
1. The statements of fact contained in this report are true and correct
2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are m..
personal, impartial, unbiased, professional analyses, opinions, and conclusions.
3. I have no (or the specified) present or prospective interest in the property that is the subject of this report, and I have no (or the
specified) personal interest or bias with respect to the parties involved.
4. My engagement in this assignment was not contingent upon developing or reporting predetermined results.
5. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or
direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
6. The reported analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the
requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which
include the Uniform Standards of Professional Appraisal Practice
7. The use of this report is subject to the requirements of Collier County relating to review by the Real Estate Appraisal Board.
8. I have made a personal inspection of the property that is the subject of this report and I have afforded the property owner the
opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied
upon in making this appraisal. The subject and the comparable sales relied upon in making this appraisal were as represented by the
photographs contained in this appraisal.
9. No one has provided significant professional assistance to the person signing this report.
10. I understand that this appraisal is to be used in connection with the acquisition of right-of-way for the expansion of Santa Barbara
Boulevard to be constructed by Collier County.
11. This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to
appraisal of right-of-way for highway purposes; and, to the best of my knowledge, no portion of the property value entered on thi~
certificate consists of items which are noncompensable under the established law of the State of Florida.
12. I have not revealed the [mdings or results of this appraisal to anyone other than the proper officials of Collier County and I 'will not do
so until so authorized by Collier County officials, or until I am required by due process of law, or until I am released from this
obligation by having publicly testified as to such findings
13. I, Michael P. Jonas, MAl, am currently licensed pursuant to the laws of the State of Florida as a State Certified General Real Estate
Appraiser, license number RZ2623, through November 30,2008.
14. Acceptance and utilization of this appraisal report, or any ponion thereof, constitutes acknowledgement and acceptance of all General
Assumptions and Special Conditions contained herein.
Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the market value for the acquisition
from the subject property, as of the 16th day of Februarv, 2008, was: $ 31,000
Market value should be allocated as follows:
LAND $ 21.200
IMPROVEMENTS $ 9.800
NET DAMAGES &lOR
COST TO CURE*
TOTAL
LAND AREA (Ae/SF)
0.186 Ac /8.100 SF
$~
$ 31,000
February 29,2008
DATE
---ri7 /,/ . /1 V /) C-:)
/:'-::U;~/ I' - C,;'',.,7--v-V
STATE CERTIFIED GP";F.R.L\.( REAL ESTATE APPRAISER, RZ26'
l../"
1
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15. 2009
Page 15 of 68
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Property Type:
Single Family Residential Property
Owner Name & Address:
John & Robin Williams
1941 Santa Barbara Boulevard
Naples, FL 34116-5445
Location:
The subject site is located on the west side of Santa Barbara
Boulevard, 300 feet north of Westport Lane in Naples,
Collier County, Florida. The site has an address of 1941
Santa Barbara Boulevard.
Purpose of and Use of Appraisal:
The purpose of the appraisal assigmnent is to estimate the
current market value of the future right-of-way for the Santa
Barbara Boulevard widening project. The intended use of
the appraisal is to assist the Collier County Transportation
Department in the acquisition of the proposed right of way
needed for the widening of Santa Barbara Boulevard.
Property Rights Appraised:
Fee Simple
Property Rights Acquired:
Perpetual Easement for Road Right of Way, Drainage &
Utilities
Land Size
Whole Property
Part Taken
Remainder
120,551 SF / 2.767 Acres
( 8,100 SF / 0.186 Acre easement)
2.767 Acres (subject to an additional 8,100 SF R/W esmnt)
Zoning:
E, Estates per Collier County
Land Use Designation:
Estates Designation
Highest & Best Use As Vacant:
Highest & Best Use As hnproved:
Residential development.
Single family residence
(Prepared for, and property of, CoUier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15. 2009
Page 16 of 68
SUMMARY OF SALIENT FACTS MD CONCLUSIONS
PAGE 2
Summary of Values:
\\!hole Property
Part Taken
Remainder, as Part of the \\!hole
Remainder, Uncured
Damages
Summary of Compensation
Part Taken
Damages
Total Compensation
Date of Inspections:
Nature and Extent of Inspections:
Date of Value:
$ 328,000
$ 31,000
$ 297,000
$ 297,000
$ -0-
$ 31,000
$ -0-
$ 31,000
February 16,2008
The property was inspected by Michael P. Jonas, J."lAl
(Appraiser of Record) and kff Moore (Landscape Architect),
on February 16, 2008. The property owners, John & Robin
\Villiams and Thomas J. Harrison, P.E. lProperty Owner
Civil Engineer) accompanied the appraiser on this inspection.
The inspection involved a general inspection of the property
by the appraiser, with particular attention to the proposed
taking area.
February 16, 2008
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 17 of 68
PROPERTY ADDRESS OR LOCATION
The subject site is located on the west side of Santa Barbara Boulevard, 300 feet north of Westport Lane in
Naples, Collier County, Florida. The site has an address of 1941 Santa Barbara Boulevard.
PROPERTY OWNER NAME AND ADDRESS
According to the Collier County Property Appraiser, the property ownership is as follows:
John & Robin Williams
1941 Santa Barbara Boulevard
Naples, FL 34116-5445
LEGAL DESCRIPTION
The south 150 feet of Tract 108, Unit 31, Golden Gate Estates, according to the plat thereof, recorded in Plat
Book 7, Page 59, of the Public Records of Collier County, Florida.
PROPERTY RIGHTS APPRAISED
The interest to be appraised is the Fee Simple Estate, subject to existing easements, restrictions, and
encroachments. Fee Simple is defmed as "Absolute ownership unencumbered by any other interest or estate,
subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power,
and escheat". t
The interest to be acquired by Collier County is a perpetual easement interest for road right of way, drainage, &
utilities. An easement is defmed as "An interest in real property that conveys use, but not ownership, of a
portion of an owner's property".2.
PLRPOSE. I'\TE:'>JDED eSE. A!'\D I \TEr-;nFD LSER OF APPRAIS\L
The purpose of the appraisal assignment is to estimate the current market value of the future right-of-way for
the Santa Barbara Boulevard widening project. The intended use of the appraisal is to assist the Collier County
Transportation Department in the acquisition of the proposed right of way needed for the widening of Santa
Barbara Boulevard. The intended user of the appraisal is the client, Collier County Government.
1 The Dictionary of Real Estate Appraisal, Fourth Edition, 2002
2 The Dictionary of Real Estate Appraisal, Fourth Edition, 2002
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 18 of 68
SCOPE OF WORK
In the preparation of this Summary appraisal report, the appraisers performed the following tasks:
. Inspected the subject property from Santa Barbara Boulevard. The interior of the subject property was
inspected from the adjacent roadways as it is vacant land.
. Researched the competitive market for sales, listings and pending contracts of residential development
parcels in the Golden Gate Estates market area that are considered comparable to the subject property.
. Discussed the residential development market with several local brokers, investors, and property
owners active in the Golden Gate Estates market area.
. Confirmed all comparable data with a party to the transaction (a broker, buyer, seller or title company
agent).
. Analyzed all available data and applied the Sales Comparison Approach to value. The Cost Approach
and Income Approach were not applicable, as the subject is vacant land.
. The parent tract is improved with a single family home setback approximately 401 feet from the
existing Santa Barbara Boulevard right of way. After the proposed taking, the residence will be
setback approximately 347 feet from the proposed right of way. Based on the setback study included
in this report, residences with a setback of 100 feet are most common and desirable and properties that
have a reduced setback greater than 100 feet are not affected. Therefore, building and site
improvements located outside the proposed easement area are unaffected by the taking. Accordingly,
the appraiser will only value the subject land and the improvements within the taking area.
EXTR\ORDI:\ARY .\SSL'\IPTlO:'\S & II\POTHETIC\L CO:--;I>ITIO:--;S
No extraordinary assumptions or hypothetical conditions were utilized in the preparation of this report. A list
of our standard General Assumptions is contained in the Addenda of this report.
APPRAISAL FORMAT
This report is written in conformance with reporting requirements for a Summary report, according to Uniform
Standards of Professional Appraisal Practice (USP AP), year 2008 edition.
TYPE OF PROPERTY
The subject property is a 2.767 acre Golden Gate Estates residential development tract located on the west side
of Santa Barbara Boulevard, 300 feet north of Westport Lane in Naples, Collier County, Florida. The
property is presently zoned E, Estates by Collier County and is improved with a single family residence.
(Prepared for, and property of, Collier County Board of County Conunissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 19 of 68
DEFINITION OF MARKET VALUE
The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is
not affected by undue stimulus. Implicit in this defInition is the consummation of a sale as of a specifIed date
and passing the title from seller to buyer under conditions whereby:
. Buyer and seller are typically motivated;
. Both parties are well informed or well advised and each acting in what they consider their own best
interests;
. A reasonable time is allowed for exposure in the open market;
. Payment is made in terms of cash in U.S. dollars or in terms of fmancial arrangements comparable thereto;
and
. The price represents the normal consideration for the property sold unaffected by special or creative
fmancing or sales concessions granted by anyone associated with the sale.3
This defInition is predicated upon a reasonable exposure time, which is concluded to be approximately six
months to one year in the current market climate. This estimate of exposure time is based on a variety of
factors including analysis of current market trends, information from brokers active in the area, and
verification of comparable sales used in this report.
EFFECTIVE DATE OF VALUE AND DATE OF REPORT
The date of this appraisal report is the date of the transmittal letter at the front of the report. The effective date
of value for the appraisal is February 16, 2008, which is the date of our most recent inspection of the subject
property for the purposes of this appraisal.
PROPERTY INSPECTION
The property was inspected by Michael P. Jonas, MAl (Appraiser of Record) and Jeff Moore (Landscape
Architect), on February 16,2008. The property owners, John & Robin Williams and Thomas J. Harrison, P.E.
(Property Owner Civil Engineer) accompanied the appraiser on this inspection. The inspection involved a
general inspection of the property by the appraiser, with particular attention to the proposed taking area.
Photographs of the subject property contained in this report were taken on February 16, 2008.
3 Uniform Standards of Professional Appraisal Practice, 2008 Edition
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 20 of 68
mSTORY OF THE PROPERTY (LAST 5 YEARS)
Subject property has sold within the last three years:
Yes ( ) No (X)
The current owners of record, based on a review of the Collier County Public Records, are John & Robin
Williams. There have been no known sales of the subject property in the past five years according to Collier
County Property Appraiser's records. The property is not known to be listed for sale or under contract as of
the effective date of value.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not wananted)
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Agenda Item No. 1685
September 15, 2009
Page 21 of 68
NEIGHBORHOOD LOCATION MAP
Hunte-rs Rd
c L_,i1.__~.__ ---,-,.-
CD ,1st Ave SW ~~~1~~ A~ SW""
< ro, !!&. .
Big c~ Swamp 3rd Ave SW' ~i,I.. ~-3id Avec-SW;'
': II 1 ....
J?cc ~f'me1l' Woods Dr' 5t~ Avo SW ']I; 5lh AOe~SW'"
7".:.:. "'.KP~ T~rnarind RidgeOv 7th'Avesw-~__.,~It~:.A' ~SW--~~"'.
...,; 2';,,~":;;' _ -6~ll'l'Si:e-,",t'-....- _ _' _I..il .. ..
;89~~~~,.",~----- -ii~ \teB~:~='~~'
. . ffi 11th Ave SW . ... , r
OL 12th Ave SW!=c=."., 13th Ave SW ..' .......~~ Iath'A\feSW=~'
14th Ave SW .3 15th Ave SVJ" ..... ~l.~thAw SW'
. l Green Blvd="~' .CI)....__G~tl..l3I)a$::.-...;;;..~~::;..;..: il
Cedar Tree In .' c. a-F .....~..:'--:c.. . .=": 1[~':.:':" _c""1-.~I = 17th Ave'SW
~..~....' . . ., '1L:' . . . t-J951Tl9th AvfrSW.='
Westport 'In=''' ... ~i~~~.. "u~OI~et'lGafe 'LiT", A sw' .
ii.l iJl,,;;--~~'" . ," : 2 st . 'tie... "",-
Sea Grass Ln. =- ~ ~ '':-, .._ ~ _.:.:::, :.' :i';: _ .:' Lj, Ii brdAve SW-
'1 23rd NI9' S{tf. .. " . ,..
.~ Star Grass LA .....:...,-, ..:. " . . . -':"'.. " .;::...:.....C Il
K ..... . ~ I .:i?~~~.:t've$!li{ m' ...~' .~~~. ;251h.AveSW
. Copper Leafln . ~:. ~0 ! I
CD 6 ~ >- 27th Ave SW'".
Painted Leafln ;;.1. ,,~ '\ ~ ~.
~I .~0" ~ ~.
CDr
3:.
32nd AveSW" .......
i
'?arlls and....
. ..."
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Sable Ridge Lrr"" .
Bottlebrush Ln="f1
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29th Ave SW
1.
31 st Ave SW .
"0
..ie
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111
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, ..' ~".. ...I--.84'"
.." SlV~'-:;Ci.:..:rc E'eckBIvd..-
oe't'l! 1 '
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88.1).. 00
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R~diQ Rd .,.,Radio.
:.. :.:' ,-, . ~..;:" \
_~~!J... RadioRdRadio Hd
T /1 e
"t g' f . '.ir1 ~ s
. 84
E tr ~
.. ~...''';' ~,.,. .
, .t . t:ast Naples':
Co v,i hi ~ 2005 Mictosoff Cor
~
....<Ill
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nd/odts su
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 22 of 68
NEIGHBORHOOD
The subject's neighborhood is considered to be the approximately 6 square mile area bound by Livingston Road
and Interstate 75 on the west, Pine Ridge Road and Wyndemere Country Club on the north, Collier Boulevard
and Santa Barbara Boulevard on the east and Green Boulevard and the Golden Gate Canal (SF\VMD) on the
south. This geographic area is comprised entirely of Golden Gate Estates Unit 29, Unit 30, Unit 31, Unit 32,
Unit 33 and Unit 34. This area is primarily residential in nature with the exception of some conditional,
residentially compatible uses along Golden Gate Parkway and Pine Ridge Road. This area is one of the most
desired residential areas within Golden Gate Estates. Major road corridors providing access to or through the
neighborhood include Golden Gate Parkway, which bisects the neighborhood in an east-west direction. Golden
Gate Parkway was the fIrst major corridor for those people who live within the Golden Gate Estates and
Golden Gate City to commute to Naples. Interstate 75 bisects the neighborhood in a north-south direction and
can be accessed by the recently completed Golden Gate Parkway Interchange. Livingston Road on the western
edge of the subject neighborhood is a newly constructed six-lane divided roadway running from Radio Road to
Bonita Beach Road in Lee County. Santa Barbara Boulevard on the eastern edge of the subject neighborhood
is currently a four-lane roadway that runs from Davi.s Boulevard to Pine Ridge Road.
Land Use Patterns
The subject neighborhood is primarily residential in nature with the exception of a few conditi.onal uses along
Golden Gate Parkway and Pine Ridge Road. The conditional uses located along Golden Gate Parkway vary in
nature. Several religious buildings exist along the corridor, as well as a couple of day care centers, and some
clubhouses for fraternal organizations such as the Knights of Columbus, the Jaycees and the Naples Bridge
Club. Other more intense uses located on the corridor include a Bingo Hall, an old vacant Commercial
Building, and the David Lawrence Center (a mental health services center). These more intense uses were
established prior to the Estates zoning. One exception is the Colonades at Santa Barbara PUD, located at the
northwest comer of Golden Gate Parkway and Santa Barbara Boulevard, this 6.83 acre parcel was approved for
35,000 square feet of commercial development on May 25,2004. The remaining land uses within the subject
neighborhood are single family residential in nature. The single family residences located within the
neighborhood are located on lots varying in size from 1.14 acres to 5 acres in size. Average home prices are
generally in the $400,000 to $800,000 price range with a few older homes on smaller lots selling near the
$250,000 to $350,000 level.
(Prepared for, and property of, Collier County Board of County Commissionen;, Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 23 of 68
Future Outlook
The foreseeable future for the subject neighborhood appears to be a continuation of the same trends in
population. It is important to note the increased level of available properties in all of Collier County. This
increase in available properties appears to support the downward price pressure reflected in recent sales
history. It is our opinion that the subject neighborhood will continue to benefit by the future population
growth and economic growth projected for the entire Naples area. There is a small, but apparently increasing
decline in supply of available land within this area. However, values are expected to remain level over the
foreseeable future.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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SUBJECT: PARCEL 168- WILLIAMS
DATE OF PHOTOGRAPHS: February 16,2008
Agenda Item No. 1685
September 15, 2009
Page 24 of 68
View of subject property looking west from Santa Barbara Boulevard.
View of subject property single family residence,
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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SUBJECT: PARCEL 168- WILLIAMS
DATE OF PHOTOGRAPHS: February 16, 2008
Agenda Item No. 16B5
September 15, 2009
Page 25 of 68
View of taking area looking south.
View of taking area looking north.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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SUBJECT: PARCEL 168- WILLIAMS
DATE OF PHOTOGRAPHS: February 16,2008
Agenda Item No. 1685
September 15, 2009
Page 26 of 68
View of Santa Barbara Boulevard frontage looking south.
View of Santa Barbara Boulevard frontage looking north.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 27 of 68
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SUBJECT PROPERTY AERIAL PHOTOGRAPH
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(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 28 of 68
DESCRiPTION OF THE PROPERTY
Partial Taking ~ Entire Taking _ V acant ~ Improved_
Land: Sewer _, Septic Tank~, Electric Service l, Telephone Service l, Public Water_,
W ell-L. Other Water Supply _. Curbs _, Public Sidewalk _, Paved Street -L.
Location:
Size:
Shape:
Dimensions:
IngresslEgress:
Topography:
Flood Zone:
Drainage:
Soil Conditions:
Utilities Available:
Site Improvements:
The subject site is located on the west side of Santa Barbara Boulevard, 300 feet
north of West port Lane in Naples, Collier County, Florida. The site has an address of
1941 Santa Barbara Boulevard.
The land area is 120,551 square feet or 2.767 acres MOL based on a review of the
subj ect plat.
The subject site is rectangular in shape and is conducive for residential development.
Northern Boundary:
Southern Boundary:
Western Boundary:
Eastern Boundary (Santa Barbara Blvd):
803.67'
803.67'
150.00'
150.00'
Access is provided via an asphalt driveway from the subject's frontage on the west side
of Santa Barbara Boulevard.
The property is primarily cleared pine and palmetto uplands with some landscaping
around the residence. The elevation of the property is approximately even with the
grade of adjacent roads.
Map Number 12021C0425G Flood Zone "X" - Areas determined to be outside the 500
year flood plain. Flood hazard insurance is not required.
Appears adequate for normal rainfall conditions.
The U.S.D.A. Natural Resources Conservation Service Soil Survey of Collier County,
Florida identifies one soil type: Holopaw fine sand, limestone substratum, which is
typical of surrounding properties. This soil is considered adequate for residential
development.
Electric and telephone, are available to the property from nearby locations along Santa
Barbara Boulevard. Central sewer and water is not available, requiring well and septic
tank as is typical for this neighborhood market area.
The only site improvement located within the taking area is a portion of the subject
asphalt driveway and some minor landscaping. Building and site improvements located
outside the proposed easement area are unaffected by the taking. Accordingly, the
appraiser will only value the subject land and the improvements within the taking area.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 29 of 68
ZONING AND LAND USE
Zoning Classification:
Governing Entity:
Explanation:
E, Estates
Collier County
The purpose and intent of the Estates zoning district (E) is to provide lands for
low-density residential development in a semi-rural to rural environment, with
limited agricultural activities. In addition to low-density residential development
with limited agricultural activities, the Estates district is also intended to
accommodate, as conditional uses, development that provides services for and is
compatible with the low density residential, semi-rural and rural character of the
Estates district.
Permitted Uses:
Single-Family Dwellings
Family Care Facilities
Essential Services
Uses Accessory to Permitted Uses:
Uses and structures that are accessory and incidental to uses pennitted as of right
in the E District.
Field Crops raised for the consumption of persons residing on the premises.
Keeping of fowl or poultry, not to exceed 25 in total number.
Keeping of horses and livestock, not to exceed 2 per acre.
One guest house.
Recreational facilities that serve as an integral part of a residential development.
Conditional Uses:
Churches and other places of worship.
Social and fraternal organizations.
Child care centers and adult day care centers.
Schools, public and private.
Group care facilities and nursing homes.
Development Requirements: Minimum Lot Size
Minimum Lot Width
Minimum Front Yard Setback
Minimum Rear Yard Setback
Minimum Side Yard Setback
2 !r.\ acres
150'
75'
75'
30' or 10% of width for legally non-
conforming lots, not to exceed a maximum of
30'.
30'
1 dwelling unit for each 2 !r.\ acres
1,000 square feet
Maximum Building Height
Maximum Density
Minimum Floor Area
Future Land Use:
Governing Entity:
Explanation:
E, Estates Designation
Collier County
The project areas Future Land Use designation per the Collier County Growth
Management Plan is Estates, and the Land uses are further governed by the
Golden Gate Master Plan which is a part of the future land use element, which
places further restrictions on development in the subject (Golden Gate Estates)
proj eet area.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 30 of 68
Uses in the Estates Designation area are low-density semi-rural residential, with
limited opportunities for other land uses for the typical parcel. Typical lots are
2.25 acres, however some legally non-conforming lots are as small as 1.14 acres.
Intensifying residential density is not permitted in the Estates area.
The subject property is located within the Residential Estates Sub-district that
allows for single-family residential development at a maximum density of one
unit per 2.25 gross acres unless the lot is considered a legal non-conforming lot
of record.
Various types of Conditional Uses are permitted in the Estates district. In order
to control location and spacing of new conditional uses, the following rules apply
to requests for conditional uses in the subject project area:
Essential Service Conditional Uses (Government Uses) shall be allowed
anywhere in the Estates Zoning District.
Conditional Uses (except essential services) shall be limited to Neighborhood
Centers or may be permitted in "Transitional Areas". Transitional areas are
defmed as areas adjacent to non-residential uses generally not appropriate for
residential use. The conditional use will act as a transitional use between non-
residential and residential areas. The following criteria apply for Transitional
Conditional Use requests:
. Site shall be directly adjacent to a non-residential use (zoned or developed);
. Site shall be no closer than Y2 mile from the intersection of a Neighborhood
Center;
. Site shall be 2 Y2 acres or more in size, and shall not exceed 5 acres;
. Conditional uses shall be located on the allowable acreage directly adjacent to
the non-residential use;
. Site shall not be adjacent to a church or other place of worship, school, social
or fraternal organization, child care center, convalescent home, hospice, rest
home, home for the aged, adult foster care, children's home, rehabilitation
center;
. Site shall not be adjacent to a park or open space and recreational uses;
. Site shall not be adjacent to Essential Services, except for libraries and
museums;
. Project shall provide adequate buffering from residential areas.
Concurrency:
The analyses and value conclusions expressed in this appraisal report assume that
the concurrency provisions in the Growth Management Act have been met or will
not result in any restrictions of use of the subject property. Concurrency does not
appear to restrict the use of the subject property. However, the appraisers are not a
land planning or traffic engineering expert and cannot certify that the subject
property meets the concurrency requirements of the Growth Management Act.
Therefore, any concerns relating to this matter by the client or reader should be
addressed to an appropriately qualified official of the appropriate jurisdiction who
may certify as to compliance in these areas. There are no known concurrency
issues which would significantly impact utilization of the subject property.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 31 of 68
ASSESSED VALUE AND TAXES
Tax data on the subject property is as follows:
Collier County Tax Folio Number-
Assessed Value, Land
Assessed Value, Improvements
2007 Total Assessed Value
Exemptions
Taxable Value
2007 Taxes
38229200006
$ 278,438
$ 276.492
$ 554,930
$ 388,825
$ 166,105
$ 2,005.63
PUBLIC AND PRIVATE RESTRICTIONS
The subject site is encumbered with a 53 foot wide road right of way easement along the entire length of the
eastern property boundary for the existing Santa Barbara Boulevard. Such easements are typical in Golden Gate
Estates and do not have an adverse impact on development.
HIGHEST AND BEST USE
The Highest and Best Use is the same as [ X ]
different from [ ]
the present use.
Land As Vacant:
As Improved:
Residential development
Single family residence
The most fundamental premise upon which market value is based is the theory of Highest and Best Use. In
conjunction with the theory of highest and best use, a generally accepted definition of the term has been developed.
The definition follows:
"The reasonably probable and legal use of vacant land or an improved property, which is
physically possible. appropriately supported, financially feasible, and that results in the
highest value. The four criteria the highest and best use must meet are legal permissibility,
physical possibility, financial feasibility, and maximum productivity"
4
The Dictionary of Real Estate Appraisal, 4lh Edition, 2002
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15. 2009
Page 32 of 68
Highest and Best Use As Vacant
Legallv Permissible
The primary regulators of development are zoning and land use restrictions. The E - Estates zoning, is a
residential designation, intended for rural to semi-rural residential uses. The approved residential development
density is 1 unit per lot, with a minimum lot size of 2.25 acres. Legally existing lots that are smaller than 2.25
acres in size are "grandfathered" and are considered to be legally non-conforming.
The project area's Future Land Use designation per the Collier County Growth Management Plan is Estates
Residential. This Land use designation is further governed by the Golden Gate Estates Master Plan which is a
part of the future land use element, which places further restrictions on development of the subject property.
As discussed in the zoning and land use section of this report, the subject property would not qualify for
transitional conditional uses.
Therefore, considering the legal restrictions on the subject parcel, the legally permissible use for the subject
parcel is limited to rural to semi-rural residential use at a development density of 1 unit per lot, with a minimum
lot size of 2.25 acres, or otherwise legally non-conforming lot size.
Phvsically Possible
The physical features of the subject parcel would not prevent the use of the parcel for the legally permissible
residential uses. The subject parcel is 150.00' wide, which is more than adequate for the construction of a
typical home for the subject neighborhood, considering required zoning setbacks. The property has frontage on
and access from Santa Barbara Boulevard.
Other physical characteristics of the site would pose few restrictions on development. Elevation is at or slightly
above the grade of adjacent roads. Public utilities available include electric and telephone, while the use of septic
and well systems is typical for the area. Access via Santa Barbara Boulevard is also considered adequate.
Therefore, based on the legal and physical characteristics of the property, the most likely uses for the subject
property would be rural to semi-rural residential use at a development density of 1 unit per lot, which is
permitted by the legal restraints.
(Prepared for, and property of, Collier County Board of County Comrnissionm. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 33 of 68
Financially Feasible
Financial feasibility of a proposed use can be seen as a function of supply of and demand for similar uses as
well as general economic conditions in the marketplace. The market reception of similar uses can often provide
a good overall indication of the feasibility of such types of uses. The subject Golden Gate Estates Area is the
fastest growing sub-urban housing market in Collier County, all of it being detached single-family homes
located on typical lots. There is a significant level of existing development in the subject neighborhood, and an
ongoing purchase of vacant parcels for residential development. Based on this data, it is apparent that
residential development is [mancially feasible for the subject parcel.
Maximally Productive
Residential development and use is the only legally permissible use of the subject parcel, and this use is not
unusually restricted by physical and financial factors. Residential development and use, therefore, is the
maximally productive use of the subject property, as it maximizes the property's development potential, and as
such, represents the highest and best use for the property, as vacant. The Highest and Best Use of the subject
land as vacant is concluded to be for rural to semi-rural residential use at a development density of 1 unit per
lot.
m!!hest and Best Use of Property as Improved
As previously described, the subject property is improved with a residence. This is consistent with the highest
and best use as vacant. It is obvious that redevelopment is not economically justified. Clearly the existing
improvements contribute value well beyond the land's value as if vacant. The current residence is a viable
economic use of the property that will continue for the foreseeable future. The Highest and Best Use of the
property as improved is for continued utilization of the property in its current fashion.
APPROACHES TO VALUE OMITTED AS NOT APPLICABLE
_ Sales Comparison
X Cost
X Income
The appraisers thoroughly examined all three approaches to value and their applicability to the subject property.
Only the Sales Comparison Approach is applicable to the valuation of the property, based on the scope of the
assignment to value the subject land and affected improvements only. The Income Approach will not be used.
The Cost Approach will be used in a limited fashion in valuing the site improvements affected by the taking. The
basis of our valuation of the property will therefore be the Sales Comparison Approach, in which sales, listings and
pending sales of similar vacant residential sites will be examined and compared to the subject property.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15. 2009
Page 34 of 68
LAND V ALVA nON
The subject neighborhood was searched for sales of similar residential sites that have sold from January 1,2007
to the present as well as any active listings. The subject land will be compared directly to sales of other sites
from within its neighborhood. Of the closed sales investigated and considered, four have been chosen for direct
comparison to the subject property because of their high degree of similarity and newness. We will also
consider the thirteen active listings within the subject market area. We have elected to use the price per acre for
our unit of comparison between the sales and the subject, as this is believed to be a fair unit of comparison for
this property type, and the one most frequently used by buyers and sellers in the marketplace.
It is important to note here that typically Golden Gate Estates lots are purchased on the basis of price per gross
acre of land, including typical road easements. Buyers typically know that the roads adjacent to these
properties exist within public right-of-way easements that are within the legal descriptions of the property being
purchased. The purchasers generally acknowledge that these road right-of-way easements exist and that they
have no functional utility exclusive to the lot owners. In fact, these purchasers typically acknowledge the
obvious, that for all practical purposes, the existing road right-of-way is of no use to them. However, since this
is a typical condition affecting virtually every lot within Golden Gate Estates, this is normal and no adjustment
for this factor is considered necessary.
Following is a sales location map, comparable sales grid, an active listing chart, a discussion of the selected
sales, a discussion of comparison items and a reconciliation of value ofthe subject land.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Huntel'S'Rd "
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SandatwoodLn'~-
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Agenda Item No. 1685
September 15, 2009
Page 35 of 68
SALES LOCATION MAP
~ !....J1.,. . .. _".
~ . 1 t. A"..=U'",,-., f'L]~'~::'~SW'
. l:D I S r".",.;:In .' '11:f ",...
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. ',. ...: P~I!Tlett()Woo~s Dr~ , ... I: i___
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d.' - "r'itErBIvd"
idga=Rd:j8JGh7=.::::- ~. '.1 '. '.'
10th Ave SW.... ~ ,-.. 'f'
Cf.I 11 th AveSW'~~"Tl i':==~=' ....
12th Alie SW~,. . __,J I," ... ,",
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(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Date of Sale
Location
Proximity 10 Subject
Deed Reference
Sales Price
Price per Acre
Propeny Rights
Property Rights AdjuslIDent
Financing/Terms of Sale
Financing/Terms Adjustment
Conditions of Sale
Conditions of Sale Adjustment
Existing Improvements
Benificiallmprovemeot. Adj.
lmprvmt. Demolition Adj.
Cash Equivalent Sale Price
C.E.S.P. Per Acre
PHYSICAL CO~fPARISONS:
Access
Zoning
Site Size (Acres)
Utilities
TopographyfElevation
ITEMS OF COMPARISON:
Market conditions/Time
Time Adjusted Price/Acre
Location
Zoning
Size
Utilities
Topography
Overall Comparison
Market Value Per Acre:
Agenda Item No. 1685
September 15, 2009
Page 36 of 68
COMPARABLESALESGRlD
I Subject
I Sale No.3
I Sale No. 4
I Sale No. 1
ISale No.2
June 11. 2007 May 17.2007 March 30. 2007 Januarv 22.2007
Santa Barbara Blvd Golden Gate Parkway 3361 Cedar Tree Lane 5098 Boxwood Way Star Grass Lane
2 miles southwest I mile northwest 1.5 miles northeast 0.5 miles west
4245-1092 4231- 3552 4206-1777 4175-1136
$500.000 $281.000 $212.000 $121.000
$97.050 $103.044 $133.250 $106.514
Fee Simple Fee Sirnole Fee Simple Fee Simple
$0 SO $0 $0
Cash Equivalent Cash EQuivalent Cash EQuivalent Cash Equivalent
SO $0 $0 SO
Arms Lenl!th Arms Lenl!tb Arms LeI1l!th Arms Lenl!tb
$0 SO $0 $0
None None None None
$0 $0 $0 $0
$0 $0 $0 $0
$500.000 $281,000 $212.000 $121.000
$97.050 $103.044 $133.250 $106.514
Sanra Barl1ara Bl\d Golden Gal< Parkway C"dar Tree Laru:
Bo"",ood Way
Star Grass Lane
E.Estates E. Estates
1.767
Electric & Phone Electric & Phone
]CW)'!t Uplands 11~1'k Wetlands
E. Esutes
E. Estates
5.151
Electric & Phone
10010' U lands
E. Estate.'i
1.717
Electric & Phone
II KlS; U lands
1.591
EleclJic & Phone
HKI'JI. lJ land'i
I. 136
0.00% 0.00% 0.00% 0.00<;;.
$97.050 $103.044 $133.250 $106.514
Similar Similar Similar Similar
Similar Similar Similar Similar
Inferior Similar Suoerior SUDerior
Similar Similar Similar Similar
Inferior Similar Similar Similar
Inferior Similar Superior Superior
$115.000
SUBJECT SITE VALUE CONCLUSION PER ACRE:
SUBJECT VACANT SITE VALUE CONCLUSION:
ROUNDED:
$115,000
$318,205
$318,200
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 37 of 68
ACTIVE LISTINGS CHART
MLS NUMBER STATUS LIST PRICE ADDRESS FRONTAGE DEPTH SIZE (ACRES) PRICE/ACRE
207023321 Active $995,000 o SANTABARBARA RD 480 412 4.540 $219,166
207015236 Active $360,000 337600 GREEN BLVD 660 180 2.727 $132,000
207037963 Active $359,000 4790 11TH AVE SW 300 330 2.273 $157,960
207036334 Active $299,900 4431 PINE RIDGE RD 150 660 2.273 $131,956
207039218 Active $275,000 o BOXWOOD WAY 150 660 2.273 $121,000
207022723 Active $275,000 6311 WESTPORT LN 150 660 2.273 $121,000
207051984 Active $239,000 337300 10TH AVE SW 75 660 1.136 $210,320
207028160 Active $175,000 336100 STAR GRASS LN 75 660 1.136 $154,000
206022208 Active $165,000 5831 SEA GRASS LN 75 660 1.136 $145,200
207000611 Active $164,900 o 11TH AVE SW 75 660 1.136 $145,112
206008980 Active $149,900 334300 PINE RIDGE RD SW 75 660 1.136 $131,912
207036179 Active $139,900 334300 PINE RIDGE RD 75 585 1.007 $138,896
207033060 Active $135,000 6236 DOGWOOD WAY 75 660 1.136 $118,800
Do to the existing market conditions; the appraiser has included the above list of available properties in the
subject neighborhood currently available for sale. Although none of the parcels are utilized for direct
comparison, this analysis is given consideration in our reconciliation of value and all of the listings are felt to
represent the upper end of the value range. The chart also provides support for a longer marketing period as
more than a twelve month supply of available property exists in the current market.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 38 of 68
Discussion of Sales
SALE #1 is a 5.152 acre tract of land (330' wide by 680' deep), having a sale date of June 11,2007. This parcel is
located on the south side of Golden Gate Parkway approximately 300 feet east of 68th Street SW, in Golden Gate
Estates Unit 29. The north 100' of this site is encumbered by an existing road right-of-way easement for Golden
Gate Parkway. The property sold for a purchase price of $500,000, or $97,050 per gross acre. The seller indicated
that the lot was native vegetation and contains a significant amount of wetlands. Electric and telephone seIVice is
available to the property. Private water wells and on site septic systems are required for development. The site is
zoned E, Estates and remains vacant as of our inspection date.
SALE #2 is a 2.727 acre tract of land (180' wide by 660' deep), having a sale date of May 17,2007. This parcel is
located on the south side of Cedar Tree Lane approximately 4,000 feet west of Santa Barbara Boulevard, in
Golden Gate Estates Unit 31. The north 30' of this site is encumbered by an existing road right-of-way easement
for Cedar Tree Lane. The property sold for a purchase price of $281,000, or $103,044 per gross acre. The listing
broker indicated that the lot was native vegetation and 100% uplands. Electric and telephone service is available
to the property. Private water wells and on site septic systems are required for development. The site is zoned E,
Estates and remains vacant as of our inspection date.
SALE #3 is a 1.591 acre tract ofland (105' wide by 660' deep), having a sale date of March 30, 2007. TIlls parcel
is located on the south side of Boxwood Way approximately 2,700 feet east of Logan Boulevard, in Golden Gate
Estates Unit 34. The north 30' of this site is encumbered by an existing road right-of-way easement for Boxwood
Way. The property sold for a purchase price of$212,000, or $133,250 per gross acre. The listing broker indicated
that the lot was native vegetation and 100% uplands. Electric and telephone seIVice is available to the property.
Private water wells and on site septic systems are required for development. The site is zoned E, Estates and
remains vacant as of our inspection date.
SALE #4 is a 1.136 acre tract ofland (75' wide by 660' deep), having a sale date of January 22,2007. This parcel
is located on the south side of Star Grass Lane approximately 3,000 feet west of Santa Barbara Boulevard, in
Golden Gate Estates Unit 31. The north 30' of this site is encumbered by an existing road right-of-way easement
for Star Grass Lane. The listing broker indicated that the site was purchased with the adjacent residence for a
combined purchase price of $650,000. The sale price for the lot was negotiated at $121,000, or $106,514 per
gross acre. The listing broker indicated that the lot was native vegetation and 100% uplands. Electric and
telephone service is available to the property. Private water wells and on site septic systems are required for
development. The site is zoned E, Estates and remains vacant as of our inspection date.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15. 2009
Page 39 of 68
Items of Comparison
The preceding sales range from $97,050 to $133,250 per gross acre to any adjustments. The sales are similar to the
subject in many characteristics, but some features do warrant further discussion.
Financing Terms
All of the sales were cash to the seller and therefore required no adjustments for unusual fInancing terms.
Conditions of Sale
All of the sales were arm's length transactions according to parties involved. No adjustments for unusual
conditions of sale are necessary.
Market Conditions (Date of Sale)
The four selected sales transpired between January of 2007 and June of 2007. These are the most recent
comparable sales found in this market. Property values in the Naples Market area appear to be stabilizing and
based on a review ofthe comparable sales and active listings, no adjustment is considered necessary.
Location
All four of the sales utilized within the report are from within the subject neighborhood, and are considered the
best sales available in this market. All of the sites have frontage on a paved street with similar access. Therefore,
all of the sales are considered similar in location to the subject property. It is important to note that the appraiser
has considered the subject's location on an existing four-lane thoroughfare and any impact it may have on the
subject property. However, the depth of the site and the ability to build any future structure with a signifIcant
setback would offset any potential impact of the existing four-lane thoroughfare.
Zoning
The subj ect property and all of the sales had E, Estates zoning at the time of sale. Therefore, all of the sales are
similar in zoning to the subject property.
Size
The subject property is 150' wide by 803.67' deep and contains 2.767 gross acres, including the 53' wide
easement along its east boundary. The four comparable sales range from 1.136 acres to 5.152 acres. Economies
of scale typically hold that smaller parcels will sell at a higher unit value (i.e. price per acre, price per square
foot, etc.) than a larger one, all else being equal. Therefore, Sale #2 is considered similar to the subject
property at 2.727 acres, Sale #1 is considered inferior at 5.152 acres and both Sale #3 at 1.591 acres and Sale
#4 at 1.136 acres are considered superior.
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
26
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Agenda Item No. 1685
September 15. 2009
Page 40 of 68
Utilities
The subject property and all of the sales have electric and telephone available to them. Central sewer and water
is not available, requiring well and septic tank as is typical for this neighborhood market area. Therefore, all of
the properties are considered similar as they all require well and septic tank.
Topol!11lDhy
The subject is considered 100% uplands. Sale #2, Sale #3 and Sale #4 are generally similar in topography as
they are considered 100% uplands. Sale #1 is considered inferior as it was classified as 100% wetlands, though
it is still developable.
Reconciliation of Land Value
Due to the nature of the majority of properties within the subject neighborhood, isolating specific value
influencing factors is difficult. It has been the opinion of the appraiser that the best indications of value for a
specific property come from analysis of several market transactions and detennine how the specific property
being appraised ranks in comparison to those sales. This type of analysis is called the qualitative method,
which is a recognized methodology in the appraisal business. This type of analysis is believed reasonable and
appropriate for purposes of this analysis.
The preceding sales range from $97,050 to $133,250 per gross acre to any adjustments. All four sales are
considered good indications of value for the subject property. The overall range of adjusted values is believed
to be representative of a reasonable range in which the subject would likely sell, in the current market climate.
The appraiser has also considered the active listings in the market area and believes that a value below the
listing price level is most appropriate for the subject property as the listings are felt to represent the upper end
of the value range. Therefore, a value of$115,000 per acre seems most reasonable.
The total value of the subject property can now be calculated as follows:
Land Classification
Estates Residential
Rounded to
Area
2.767 acres
Unit Value
$115,000 I acre
Land Value
$318,205
$318,200
x
LAND VALUE OF SUBJECT PROPERTY BEFORE THE TAKING
$318,200
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 41 of 68
V ALLIE OF AFFECTED IMPROVEMENTS
The parent tract is improved with a single family home setback approximately 401 feet from the existing Santa
Barbara Boulevard right of way. After the proposed taking, the residence will be setback approximately 347 feet
from the proposed right of way. Based on the setback study included in this report, residences with a setback of
100 feet are most common and desirable and properties that have a reduced setback greater than 100 feet are not
affected. Therefore, building and site improvements located outside the proposed easement area are unaffected by
the taking. Accordingly, the appraiser will only value the subject land and the improvements within the taking
area.
The only site improvement located within the taking area is a portion of the subject asphalt driveway and some
minor landscaping. The asphalt driveway is 11 feet in width for the entire taking depth of 54 feet. Therefore, the
area of the asphalt driveway is concluded to be 594 square feet. The appraiser has reviewed cost estimates from
the Marshall Swift Manual and has discussed replacement cost estimates with local contractors to develop the
following replacement cost estimate for the affected items. Landscaping improvements include 12 slash pine, 5
cypress tress, 1 dahoon holly, 1 saba! palm, 1 coconut palm, I pygmy date palm, 2 southern red cedar, 3
bougainvillea, 12 arboricola, 2 orange jasmine, 1 philodendron and 7,600 square feet of bahia sod.
Replacement for these items has been estimated by Jeff Moore, landscape architect. Mr. Moore inspected the
property and has provided the appraisers with a full replacement cost estimate for the affected items. Mr.
Moore utilized the latest PLANTFINDER to determine wholesale cost and used an installation factor of 2 times
wholesale cost to set the cost of the plants in the taking. The contributory value of affected improvements is
therefore as follows:
Slash Pines 12 x $200 == $ 2,400
Cypress Trees 5 x $200 == $ 1,000
Dahoon Holly 1 x $200 = $ 200
Sabal Palm 1 x $50 $ 50
Coconut Palm 1 x $800 x 2 = $ 1,600
Pygmy Date Palm 1 x $200 x 2 $ 400
Southern Red Cedar 2 x $200 x 2 = $ 800
Bougainvillea Spp 3x$10x2 $ 60
Arboricola Spp 12x$lOx2 = $ 240
Orange Jasmine 2x$10x2 $ 40
Philodendron Spp I x$10x2 = $ 20
Bahia Sod 7,600 SF x $.10 x 2 $ 1,520
Asphalt Driveway 594 SF = $ 1.500
Total Replacement Cost of Improvements $ 9,830
Rounded to $ 9,800
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
28
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Agenda Item No. 1685
September 15, 2009
Page 42 of 68
The driveway is in relatively good condition and since landscaping items are typically not considered
depreciating components, any accrued depreciation would therefore be nominal. Accordingly, the contributory
value of this item to the overall property value is considered similar to its replacement cost.
VALLE OF TilE \\TIOLE PROPERTY (L.\J\I) & AFFECTED nIPRO\T\lEl\TS Ol\L Y)
The value of the whole property (land & affected improvements only) is the summation of the land and
improvement values previously estimated:
Land Value
Affected Improvements
Total
$ 318,200
$ 9.800
$ 328,000
$ 328,000
VALUE OF THE WHOLE PROPERTY (LAND & AFFECTED IMPROVEMENTS)
Note: This value is predicated upon a reasonable exposure time, which was previously estimated to be
approximately six to twelve months.
VALUE OF THE TAKING
The proposed taking from the subject property involves the acquisition a perpetual easement for right of way,
drainage and utilities over the western 54' of the east 101" of the subject property for the widening of Santa
Barbara Boulevard. Parcel 168 runs along the east side ofthe parent tract for the entire width of the parcel or 150
feet and has a depth of 54 feet totaling 8,100 square feet or 0.186 acres. The east 53 of the subject property
adjacent to the proposed taking is encumbered by an existing right-of-way easement by Collier County for existing
Santa Barbara Boulevard. The taking area for Parcel 164 is vacant land comprised of native vegetation consisting
primarily of pine and palmetto uplands with the exception of the driveway area and some minor landscaping.
Complete dimensions of the taking are as follows:
Parcel 168
North Boundary
South Boundary
East Boundary
West Boundary
54.00'
54.00'
150.00'
150.00'
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 43 of 68
Land Value
The proposed easement to be acquired is for right of way, drainage and utility purposes, allowing Collier
County the ability to construct and maintain roads, sidewalks, drainage, and utility improvements within the
area. Since this taking is an easement as opposed to a Fee Simple taking, the rights acquired are specific to the
intended improvements, and therefore something less than 100% of the full "bundle of rights" commonly
associated with property ownership. In easement valuation, it is important to consider the impact the proposed
easement will have on the utility of the property it encumbers. To properly analyze the potential impact of the
proposed easement, we must therefore consider its affect on the use and utility of the property before versus
after its imposition.
Prior to imposition of the proposed easement, the subject property contained 2.767 gross acres and had an
existing 53' right-of-way easement along its eastern property boundary for Santa Barbara Boulevard. After the
taking of the easement rights for right of way, drainage and utilities, the property will still contain 2.767 gross
acres. However, the eastern 107' of the property will no longer be useable for development as it will be
improved with road related improvements for Santa Barbara Boulevard and encumbered by a right of way,
drainage and utility easement. Essentially, this area has no utility to the owner. Minimum yard area
calculations (setbacks) and placement of the required landscape buffer will be based on the new easement line
as opposed to the property line, as this represents the new right of way line for Santa Barbara Boulevard.
In terms of the "loss" sustained by the owner through the imposition of the easement, the proposed easement
would be considered to approach 100% ofthe rights and value in the encumbered area, as virtually all use of the
area is lost to the land owner. Therefore, the rights to be acquired are estimated at say, 99% in our opinion, in
recognition of the loss of all physical use of this area. For all practical purposes then, the new right of way,
drainage and utility easement represents a 99% easement encumbrance, reflecting the significant loss of
physical use or utility within the encumbered area.
The value of the proposed easement encumbrance can now be calculated by using the estimated land value for
the property before the taking, and applying the appropriate easement percentage. The land value for the whole
property was previously estimated at $318,200, based on a unit value of $115,000 per acre. At 99%, the value
of the taking for the proposed easement encumbrance is estimated at $113,850 per acre. The land value for the
proposed easement can therefore be calculated using this unit value:
Parcel 168
0.186 Acres x $113,850 / Acre
Value of the Taking - Easement (rounded)
=
$ 21,176
$ 21,200
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
30
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Agenda Item No. 1685
September 15, 2009
Page 44 of 68
Improvement Value
The only site improvement located within the talcing area is a portion of the subject asphalt driveway and some
minor landscaping. The asphalt driveway is 11 feet in width for the entire taking depth of 54 feet. Therefore, the
area of the asphalt driveway is concluded to be 594 square feet. The appraiser has reviewed cost estimates from
the Marshall Swift Manual and has discussed replacement cost estimates with local contractors to develop the
following replacement cost estimate for the affected items. Landscaping improvements include 12 slash pine, 5
cypress tress, 1 dahoon holly, 1 sabal palm, 1 coconut palm, 1 pygmy date palm, 2 southern red cedar, 3
bougainvillea, 12 arboricola, 2 orange jasmine, 1 philodendron and 7,600 square feet of bahia sod.
Replacement for these items has been estimated by Jeff Moore, landscape architect. Mr. Moore inspected the
property and has provided the appraisers with a full replacement cost estimate for the affected items. Mr.
Moore utilized the latest PLANTFINDER to determine wholesale cost and used an installation factor of 2 times
wholesale cost to set the cost of the plants in the taking. The contributory value of affected improvements is
therefore as follows:
Slash Pines 12 x $200
Cypress Trees 5 x $200
Dahoon Holly 1 x $200
Sabal Palm 1 x $50
Coconut Palm 1 x $800 x 2
Pygmy Date Palm 1 x $200 x 2
Southern Red Cedar 2 x $200 x 2
Bougainvillea Spp 3 x $10 x 2
Arboricola Spp 12 x $10 x 2
Orange Jasmine 2 x $10 x 2
Philodendron Spp 1 x $10 x 2
Bahia Sod 7,600 SF x $.10 x2
Asphalt Driveway 594 SF
Total Replacement Cost of Improvements
$ 2,400
$ 1,000
$ 200
$ 50
$ 1,600
$ 400
$ 800
$ 60
$ 240
$ 40
$ 20
$ 1,520
$ 1.500
$ 9,830
=
=
=
=
=
Rounded to
$ 9,800
The driveway is in relatively good condition and since landscaping items are typically not considered
depreciating components, any accrued depreciation would therefore be nominal. Accordingly, the contributory
value oftms item to the overall property value is considered similar to its replacement cost.
TOTAL VALUE OF THE TAKING
The total value of the taking can now be calculated as the sum of the preceding land and improvement values:
Land Value
Improvement Value
TOTAL VALUE OF THE TAKING
$21 ,200
$ 9.800
$31,000
(Prepared for. and property of. Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
31
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Agenda Item No. 1685
September 15, 2009
Page 45 of 68
V ALUE OF THE REMAINDER AS PART OF THE 'WHOLE
Arithmetic Analysis
Value of the Whole
Less Value of the Taking
Value of Remainder
$328,000
($ 31,000)
$297,000
$297,000
VALUE OF THE REMAINDER, AS PART OF THE WHOLE
V ALVA nON OF THE REMAINDER
Since the Highest and Best Use of the remainder property is the same as before the taking, the same comparable
sales and valuation analyses used to value the whole property before the taking are believed to be appropriate for
the valuation of the remainder property as well. The reader should refer to the Land Valuation section of this
report for our original valuation analysis of the subject land. However, typical golden Gate Estates properties are
encumbered by 30 to 50 foot right of way easements, like the subject property was encumbered by a 53 foot
easement prior to the take. After the taking, the property will be encumbered by an additional 54 foot right of way
easement. Although the appraiser has recognized that most buyers and sellers purchase property in the area on a
gross acreage basis, the appraiser has already recognized the effect of the easement on the property precluding
virtually all use within the easement area. The left over rights after the acquisition of the easement area have been
previously estimated in this report to represent 1 % of the rights, and therefore I % of the value, in this easement
encumbered area. This equates to $1,150 per acre ($115,000 x 1 %). Therefore, based on the above data and
analysis, the value of the remainder land can therefore be calculated as follows:
Land Classification
Estates Residential (unencumbered)
Residential (R/W esmt.encumbered)
Total
VALUE OF REMAINDER (ROUNDED)
Area
2.581 Acres x
0.186 Acres x
2.767 Acres
Unit Value
$115,000/Acre
$ 1,150/Acre
Land Value
$ 296,815
$ 214
$ 297,029
$ 297,000
SETBACK ANALYSIS
The parent tract is improved with a single family home setback approximately 401 feet from the existing Santa
Barbara Boulevard right of way. After the proposed taking, the residence will be setback approximately 347 feet
from the proposed right of way. Based on the following setback, residences with a setback of 100 feet are most
common and desirable and properties that have a reduced setback greater than 100 feet are not affected.
(Prepared for, and property of, Collier County Board of County Commissioners, Reliance on appraisal for other uses is not warranted)
32
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Agenda Item No. 1685
September is. 2009
Page 46 of 68
The appraiser has fully analyzed the Golden Gate Boulevard area and the improved properties located directly
along the road corridor both before and after the right-of-way takings. First, a full inventory was compiled of all
improved properties fronting Golden Gate Boulevard and their setbacks from the road prior to January 2000. The
setback distances prior to January 2000 were obtained from our physical inspection of each property using a laser
range finder, with additional information from examination of aerial photographs. The setback distances were
noted and then categorized into 25' increments for everything under 100 feet from the road. According to our
research, there were approximately 150 improved properties along Golden Gate Boulevard between CR-951 and
Wilson Boulevard prior to January 2000. Following is the relative distribution of the data.
Category Number Percent (%)
75' and Under 3 2%
76' to 100' 26 17%
101' to 125' 20 13%
126' to 150' 19 13%
151' to 200' 38 26%
201 '+ 43 29%
This data indicates that more than 80% of the improved properties are located 101' from the road or more. As we
would expect, there are only a few (3) properties located 75' from the road or less, as this is the required minimum
setback under the Estates (E) zoning. Such properties were evidently built prior to the current requirement. From
the data as well as physical inspections of newly constructed residences and model homes, the appraiser concludes
that a setback of over 1 OO'is most common and desirable, therefore, properties with a setback reduced to less than
100' will be adversely affected and those properties that have a reduced setback greater than 100' will not be
affected. Therefore, based on this data, the subject property single family residence is unaffected by taking.
DAMAGES TO THE REMAINDER
Severance damages result when the value of the remainder, uncured, is less than the value of the remainder, as part
of the whole. When the value of the remainder, uncured, is greater than the value of the remainder, as part of the
whole, the difference is not a damage, but may be due to a benefit resulting from the taking, or a taking of
negligible impact which is not recognized in the market. The following is an arithmetic calculation of damages for
the subject property.
Value ofthe Remainder, as Part ofthe "'hole
Value ofthe Remainder, Uncured
Damages
$297,000
$297.000
$ -0-
(Prepared for, and property of, Collier County Board of County Commissioners. Reliance on appraisal for other uses is not warranted)
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Agenda Item No. 1685
September 15, 2009
Page 47 of 68
ADDENDUM
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Agenda Item No. 1685
September 15. 2009
Page 48 of 68
GENERAL ASSUMPTIONS AND SPECIAL CONDITIONS
1.
The legal descriptions used in this report are assumed to be correct.
2.
No survey of the property has been made by the appraiser and no responsibility is assumed in connection
with such matters. Sketches in this report are included only to assist the reader in visualizing the property.
No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of
title hereby rendered. The subject's title is assumed to be good and merchantable, unless otherwise stated
herein.
3.
4.
Information furnished by others is assumed to be true, correct and reliable. A reasonable effort has been
made to verify such information; however, the appraiser assumes no responsibility for its accuracy.
5.
All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified
within the report. The property is appraised as though under responsible ownership and competent
management.
6.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures,
which would render it more or less valuable. No responsibility is assumed for such conditions or for
engineering services, which may be required to discover them.
7.
It is assumed that there is full compliance with all applicable federal, state and local environmental
regulations and laws unless noncompliance is stated, defmed and considered in the appraisal report.
8.
It is assumed that all applicable zoning and use regulations and restrictions have been complied with,
unless a non-conformity has been stated, defmed and considered in the appraisal report.
9.
It is assumed that, unless discussed otherwise within the report, all normally required licenses, consents or
other legislative or administrative authority from any local, state or national governmental or private entity
or organization have been obtained, or can in our opinion reasonably be assumed to be obtained or
renewed, for any use on which the value estimate contained in this report is based.
10.
It is assumed that the utilization of the land and improvements is within the boundaries or property lines of
the property described and that there is no encroachment or trespass unless noted within the report.
The appraiser will not be required to give testimony or appear in court because of having made this
appraisal, with reference to the subject property, unless arrangements have been previously made
therefore.
11.
12.
Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be
used for any purpose by any person other than the party to who it is addressed without the written consent
of the appraiser, and in any event only with properly written qualification. It is intended to only be used in
its entirety.
13.
The distribution of the total valuation in this report between land and improvements applies only under the
reported highest and best use of the property. The allocations of value for land and improvements must
not be used in conjunction with any other appraisal and are invalid if so used.
14.
Neither all or any part of the contents of this report, or copy thereof, shall be conveyed to the public
through advertising, public relations, news, sales or any other media without written consent and approval
of the appraiser. Nor shall the appraiser, firm or professional organization of which the appraiser is aemember be identified without written consent of the appraiser.
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Agenda Item No. 1685
September 15, 2009
Page 49 of 68
GENERAL ASSUMPTIONS AND SPECIAL CONDmONS
Page 2 of2
15. No environmental impact studies were either requested or made in conjunction with this appraisal, and the
appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions based upon
any subsequent environmental impact studies, research or investigation.
16. Acceptance of and/or use of this appraisal report constitutes acceptance of all General Assumptions and
Special Conditions.
17. Payment for the preparation of this appraisal report is based on all charges due the appraiser in connection
therewith, and, in no way is contingent upon the value conclusions herein. Any responsibility of the
appraiser to the client for any part of the report is subj ect to full payment.
18. In this appraisal assignment, the existence of potentially hazardous material used in the construction or
maintenance of the improvements, such as the presence of urea formaldehyde foam insulation, and/or
existence of toxic waste, which mayor may not be present on the property, has not been considered. Nor
has any study or consideration been given to the possible existence of any toxic wastes on, or buried
under, the surface of this property. The appraiser is not qualified to detect such substances. We urge the
client to retain an expert in this field if desired.
19. This appraisal is made subject to any additional restrictions, ordinances or protective covenants which the
appraiser, after due diligence and normal, standard research, may not be aware of, which would affect the
subject property. Furthermore, the appraisal is subject to any and all easements, setbacks, flood elevations
or restrictions, if any, that have been or might be imposed by any local, state or federal agency, and which
may not be of record.
20. This report is based on information obtained from several sources including the current owner of the
property, the Collier County Development Services division, various Realtors and Brokers, as well as
others as noted within the text of this appraisal. Such information is assumed to be reliable and accurate,
but the appraiser does not warrant such beyond our reasonable attempt to verify said data.
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Agenda Item No. 1685
September 15. 2009
Page 50 of 68
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QUALIFICATIONS OF MICHAEL P. JONAS. MAl
Florida - State Certified General Real Estate Appraiser RZ2623
Florida Licensed Real Estate Broker BK700992
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BIOGRAPHIC DATA
Residence: 760 31st Street SW, Naples, Florida 34117
Resident of the State of Florida since 1978
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EDUCATION
University of Central Florida, Graduated in 1999
Course work Business, Finance and Real Estate.
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University of Central Florida Real Estate Courses:
Real Estate Investment Analysis - 1998
Real Estate Law - 1999
Real Estate Appraisal & Valuation - 1999
Fundamentals of Real Estate - 1999
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Appraisal Institute course work:
Course 410: Uniform Standards of Professional Appraisal Practice, Part A - 2000
Course 400: Uniform Standards of Professional Appraisal Practice, Update - 2004,2006
Course 420: Business Practices and Ethics - 2004
Course 510: Advanced Income Capitalization - 2003
Course 520: Highest and Best Use & Market Analysis - 2004
Course 530: Advanced Sales Comparison & Cost Approach - 2001
Course 540: Report Writing and Valuation Analysis - 2003
Course 550: Advanced Applications - 2004
Passed General Comprehensive Exam - 2004
Florida State Law for Real Estate Appraisers - 2006
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Seminars:
General Demonstration Report Writing Seminar - 2005
CLE International, Eminent Domain Conference - 2006
Uniform Appraisal Standards for Federal Land Acquisitions - 2007
Reappraising, Readdressing and Reassigning - 2007
Analyzing Distressed Real Estate - 2007
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REAL ESTATE EXPERIENCE
June 01 - Present Coastal Engineering Consultants, Ine, Naples, Florida
Senior Staff Appraiser
. Commercial report writing (Collier County, FDOT, FDEP, School Board & Banks)
. Create research studies, setback analysis and absorption analysis
. Perform on site measurements, sketches, and inspections
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January 01 - June 01
Chapman & Associates, Ft. Myers, Florida
Real Estate Appraiser
. Residential & Commercial report Miting primarily for Banks
. Perform draw inspections
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June 99 - December 00 Clayton, Roper & Marshall, Altamonte Springs, Florida
Real Estate Appraiser
. Commercial report Miting, primarily eminent domain
· Create research studies of power lines and Scrub Jays
. Perform on site measurements, sketches, and inspections
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PROFESSIONAL REGISTRATION
State Certified General Real Estate Appraiser. No. RZ2623
Effective through 11/30/2008
Florida Licensed Real Estate Broker, No. BK700992
Effecti ve through 3/31/2009
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Agenda Item No. 1685
September 15, 2009
Page 51 of 68
SALES DATA SHEET
SALE NO.: # 4245-1092
(a) Recording Data - County Collier. OR Book 4245. Page 1092
(b) Grantor: Constance Pinette and Laurier Raymond Jr.
(c) Grantee: Small Bros., LLC
(d) Date of Transaction: June 11,2007
(e) Date Sale Inspected: November 2,2007
(f) Site Dimensions and Size: Rectangular in shape, containing 5.15(+/-) acres.
(g) Consideration: $500,000
(h) Unit Price: $97,087 per gross acre
(i) Type of Instrument: Warranty Deed
Tax Identification Number: 38105000003
AddressILocation of Sale: South side of Golden Gate Parkway, 300 feet east of 68th Street SW.
Zoning Code - Land Use Plan: Zoning is E, Estates, by Collier County.
Present Use: Vacant Land
(j)
(k)
(I)
(rn)
(n)
(0)
(p)
(q)
Highest and Best Use: Residential or Residentially Compatible Use Development
Conditions of Sale: Arm's length per broker.
Type of Financing: Cash to Seller
Encumbrances: The site includes a 100' ROW easement for Golden Gate Parkway along the
northern property boundary. This is typical of the area, but larger than normal due to takings
involved in the expansion of Golden Gate Parkway.
(r) Type of Improvements: N/A, vacant, native land
(a)
Various On Site Utilities: Electric and telephone service is available to the property. Private water wells
and on site septic systems are required for development.
(s) Verification: Christina Walsh, Broker by Michael P. Jonas, on November 2, 2007, (239) 649-
5399.
(t) Motivation of the Parties: Grantors: Disposition Grantee: Future development
(u) Analysis of Pertinent Sale Information Including Cash Equivalency: N/A
(v) Exposure Time: Approximately 2 months
(w) Number of Days on Market: Approximately 2 months
(x) Remarks: The broker indicated that the buyer purchased the site in an attempt to rezone it for a
storage facility. The broker also indicated that the site had a significant amount of wetlands which
would require $100,000 for mitigation prior to development but was developable.
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Agenda Item No. 1685
September 15, 2009
Page 52 of 68
SALES DATA SHEET
(y) Sale No: # 4245-1092
(z) Photographs - Photo taken by Michael P. Jonas, MAlon November 2, 2007
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Agenda Item No. 1685
September 15, 2009
Page 53 of 68
SALES DATA SHEET
SALE NO.: 11 4231-3552
(a) Recording Data - County Collier. OR Book 4231. Page 3552
(b) Grantor: Eastern Estates, LLC
(c) Grantee: James & Doreen Laskill
(d)
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Date of Transaction: May 17, 2007
Date Sale Inspected: February 7,2008
Site Dimensions and Size: Rectangular in shape, containing 2.727(+/-) acres.
Consideration: $281,000
Unit Price: $103,044 per gross acre
Type of Instrument: Warranty Deed
Tax Identification Number: 38222040001
Address/Location of Sale: South side of Cedar Tree Lane, 4,000 feet west of Santa Barbara
Boulevard.
(I)
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(p)
(q)
Zoning Code - Land Use Plan: Zoning is E, Estates, by Collier County.
Present Use: Vacant Land
Highest and Best Use: Residential Use Development
Conditions of Sale: Arm's length per broker.
Type of Financing: Cash to Seller
Encumbrances: The site includes a 30' ROW easement for Cedar Tree Lane along the northern
property boundary. This is typical of the area.
(r) Type of Improvements: N/ A, vacant, native land
(a)
Various On Site Utilities: Electric and telephone service is available to the property. Private water weIIs
and on site septic systems are required for development.
(8) Verification: Bill Hoover, Listing Broker by Michael P. Jonas, on January 22, 2008, (239) 403-
8899.
(t) Motivation of the Parties: Grantors: Disposition Grantee: Future development
(u) Analysis of Pertinent Sale Information Including Cash Equivalency: N/A
(v) Exposure Time: Approximately 9 months
(w) Number of Days on Market: Approximately 9 months
(x) Remarks: The broker indicated that the buyer was a local developer who planned to build a
single family residence on the site. The broker also indicated that the site was 100% uplands.
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Agenda Item No. 1685
September 15, 2009
Page 54 of 68
SALES DATA SHEET
(z) Photographs - Photo taken by Michael P. Jonas, MAlon February 7, 2008
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Agenda Item No. 1685
September 15, 2009
Page 55 of 68
SALES DATA SHEET
SALE NO.: # 4206-1777
(a) Recording Data - County Collier. OR Book 4206. Page 1777
(b) Grantor: Jorge Aguiar
(c) Grantee: Toteta, Inc
(d) Date of Transaction: March 30, 2007
(e) Date Sale Inspected: February 7, 2008
(f) Site Dimensions and Size: Rectangular in shape, containing 1.591(+/-) acres.
(g) Consideration: $212,000
(b) Unit Price: $133,250 per gross acre
(i) Type of Instrument: Warranty Deed
(j) Tax Identification Number: 38396640007
(k) AddressILocation of Sale: South side of Boxwood Way, 2,700 feet east of Logan Boulevard.
The site has an address of 5098 Boxwood Way.
Zoning Code - Land Use Plan: Zoning is E, Estates, by Collier County.
Present Use: Vacant Land
(I)
(m)
(n)
(0)
(p)
(q)
Highest and Best Use: Residential Use Development
Conditions of Sale: Ann's length per broker.
Type of Financing: Cash to Seller
Encumbrances: The site includes a 30' ROW easement for Boxwood Way along the northern
property boundary. This is typical of the area.
(r) Type of Improvements: Nt A, vacant, native land
(a) Various On Site Utilities: Electric and telephone service is available to the property. Private water wells
and on site septic systems are required for development.
(8) Verification: Colleen Osmolski, Listing Broker by Michael P. Jonas, on January 22, 2008, (239)
404-9450.
(t) Motivation of the Parties: Grantors: Disposition Grantee: Future development
(u) Analysis of Pertinent Sale Information Including Cash Equivalency: N/A
(v) Exposure Time: Approximately 6 months
(w) Number of Days on Market: Approximately 6 months
(x) Remarks: The broker indicated that the site was 100% uplands per the DEP.
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Agenda Item No. 1685
September 15, 2009
Page 56 of 68
SALES DATA SHEET
Sale No: # 4206-1777
(z) Photographs - Photo taken by Michael P. Jonas, MAlon February 7, 2008
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Agenda Item No. 1685
September 15, 2009
Page 57 of 68
SALES DATA SHEET
SALE NO.: # 4175-1136
(a) Recording Data - County Collier. OR Book 4175. Page 1136
(b) Grantor: Arline J. Kirk
(e)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Grantee: Emesto Perez
Date of Transaction: January 22, 2007
Date Sale Inspected: February 7, 2008
Site Dimensions and Size: Rectangular in shape, containing 1.136(+/-) acres.
Consideration: $121,000
Unit Price: $106,514 per gross acre
Type of Instrument: Warranty Deed
Tax Identification Number: 38224000007
AddressILocation of Sale: South side of Star Grass Lane, 3,000 feet west of Santa Barbara
Boulevard.
0)
Zoning Code - Land Use Plan: Zoning is E, Estates, by Collier County.
Present Use: Vacant Land
(m)
(n)
(0)
(p)
(q)
Highest and Best Use: Residential Use Development
Conditions of Sale: Ann's length per broker.
Type of Financing: Cash to Seller
Encumbrances: The site includes a 30' ROW easement for Star Grass Lane along the northern
property boundary. This is typical of the area.
(r) Type of Improvements: N/A, vacant, native land
(a) Various On Site Utilities: Electric and telephone service is available to the property. Private water wells
and on site septic systems are required for development.
(s) Verification: Mary Duggan, Listing Broker by Michael P. Jonas, on January 21, 2008, (239)
261-6161.
(t) Motivation of the Parties: Grantors: Disposition Grantee: Future development
(u) Analysis of Pertinent Sale Information Including Cash Equivalency: N/ A
(v) Exposure Time: Approximately 10 months
(w) Number of Days on Market: Approximately 10 months
(x) Remarks: The broker indicated that the site was purchased with the adjacent residence for a
combined purchase price of $650,000. The sale price for the lot was negotiated at $121,000 as the
site was listed at $185,000 prior to sale. The listing broker also indicated that the site was 100%
uplands.
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Agenda Item No. 1685
September 15, 2009
Page 58 of 68
SALES DATA SHEET
(y)
Sale No: # 4175-1136
(z) Photographs - Photo taken by Michael P. Jonas, MAlon February 7, 2008
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Agenda Item No. 1685
September 15, 2009
Page 59 of 68
Collier County Land Development Code (LDC)
Ordinance 04-41, as amended
NOTICE
The following information is taken from the Collier County Land Development Code,
Ordinance 04-41, as amended, and is being provided to users outside the Community
Development and Environmental Services Division in an effort to consolidate
information now found in various sections of the Code. In some cases, information was
inadvertently omitted from the new Code (04-41) when it superseded the previous Code
(Ordinance 91-102). In such cases, the setbacks and standards of the previous Code will
apply until the corrections are made to the new Code. Every effort has been made
to ensure that the information in this document is accurate; however, users
are warned that if this information conflicts with that incorporated in the
existing LDC Ordinance 04-41, as amended, the LDC governs, and users are
advised to consult the Code as needed.
Estates Zoning District (E)
The purpose and intent of the Estates Zoning District (E)* is to provide lands for low-
density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential density with limited
agricultural activities, the E district is also designed to accommodate as Conditional Uses,
Development that provides services for and is compatible with the low density
residential, semi-rural and rural character of the E district. The E district corresponds to
and implements the estate land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district ofthe future
land use element of the Collier County GMP or as provided under the Golden Gate
Master Plan. (2.03.01B)
* Please note the distinction between the Estates Zoning District and the Golden Gate
Estates Subdivision. All property in the Golden Gate Subdivision is zoned Estates, but
not all Estates zoning is within the Golden Gate Estates Subdivision. Certain regulations
apply specifically and exclusively to property within the Subdivision and do not apply to
the entire zoning district.
1. Minimum Yard Requirements
Setbacks & Separation of Structures
Principal Structures
Conforming Interior Lots (Table, 2.7.00)
- Minimum Front Yard -75 feet
- Minimum Side Yard - 30 feet
- Minimum Rear Yard - 75 feet
Nonconforming Interior Lots (9.03.01.8.1)
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Agenda Item No. 1685
September 15, 2009
Page 60 of 68
- Minimum Front Yard - same as conforming (75 feet)
- Minimum Side Yard - only for lots that are nonconforming due to
inadequate lot width: 10% oflot width, not more than 30 feet. Note that if
lot width is conforming, even though the area is less than 2.25 acres, full
side yards are required.
- Minimum Rear Yard - same as conforming (75 feet)
Accessory Structures
- All accessory structures have same setback as principal structures
Conforming Corner Lots, in which only one full depth setback shall be
required along the shorter lot line along the street. The setback along the
longer lot line may be reduced to 37.5 feet, so long as no right-of-way or
right-of-way easement is included within the front yard. (See Exhibit A,
LDC).
Nonconforming Corner Lots
Nonconforming comer lots of record, in which only one full depth setback
shall be required along the shorter lot line along the street. The setback
along the longer lot line may be reduced to 15 feet, so long as no right-of-
way or right-of-way easement is included within the reduced front yard.
(See exhibit B, LDC)
Nonconforming Through Lots
Nonconforming through lots, i.e. double frontage lots, legal
nonconforming lots of record with double road frontage, which are
nonconforming due to inadequate lot depth, in which case the front yard
along the local road portion shall be computed at the rate of 15 percent of
depth the of the lot, as measured from the edge right-of-way.
The nonconforming through lot utilizing the reduced frontage shall
establish the lot frontage along the local road only. Frontage along a
collector or arterial roadway to serve such lots is prohibited. Front
yards along the local road shall be developed with structures having an
average front yard with variations of not more than six feet; no building
thereafter erected shall project beyond the average line so established.
Accessory Structures, setbacks and separation
- All accessory structures have same setbacks as principal structures
- Guest houses, separation from principal structure: 20 feet
- Roofed structures for shelter and feeding of horses and livestock, and
enclosures for fowl or poultry must be a minimum of thirty (30) feet
from any adjacent lot line and a minimum of 100 feet from any
residence on an adjacent parcel.
2. Dimensional standards for Principle Uses (4.02.01)
- Minimum lot area- 98,0 I Osq.ft.
- Minimum lot width- 150 linear feet
- Maximum building coverage (%) - None
- Maximum building height- 30 feet
- Minimum floor area of building- 1,000sq.ft.
- Floor area ratio (%) - None
3. Access Easements - Golden Gate Estates lot divisions (4.03.06)
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Agenda Item No. 1685
September 15, 2009
Page 61 of 68
When a five (5) acre parcel in Golden Gate Estates is subdivided into two (2)
lots, where one of the lots is not on the existing right-of-way, the owner may
create an access easement to and through the parcel which is not on the right-
of-way. The easement must be at least twenty (20) feet in width, and extend
at least 150 feet into the otherwise landlocked lot. The easement shall
provide for access to the lot, and satisfy the frontage requirement.
4. Uses
Permitted Uses (2.04.03). The following uses are permitted by right
- Essential Services- Per section 2.01.03
- Family Care Facilities
- Schools, public- This includes educational plants
- Single-Family Dwellings
Accessory Uses (2.04.03). The following uses and structures that are accessory and
incidental to the uses permitted as of right
- Category II group care facilities
- Child day care- 8351 (Standard Industrial Classification Code)
- Earth mining
- Excavation
- Field crops, for consumption by persons living on premises
- Guesthouses: see (A) below
- Livestock: see (B) below
- Poultry raising
- Recreational facilities
- Social association or clubs- 8641
(A) Guest Houses (5.03.03) Where a guesthouse is an allowable use, it shall be
permitted only in compliance with the following standards.
- No guest accommodation facility in a single-family residential district,
whether a freestanding guesthouse or guest accommodations which are
structurally integrated with the main dwelling, may be utilized for
commercial purposes.
- Leasing or renting a guest accommodation shall constitute a violation of this
LDC.
- If a main residence is leased or rented, a guest accommodation facility
accessory to it may not be occupied by the property owner, since that
would constitute the unlawful utilization of a single-family zoned property
for two-family dwelling purposes.
- The following site designs standards shall apply to all guest houses:
- Minimum lot area shall be 43,560 square feet.
- Minimum lot width shall be 105 feet.
- The maximum floor area shall be forty (40) percent of the air-
conditioned, enclosed living area (excluding garages, carports, patios,
porches, utility areas and the like) of the principal dwelling.
- Detached guesthouses shall not be closer than twenty (20) feet to the
principal dwelling.
- A guesthouse may be constructed prior to a principal dwelling
provided the guest house meets the minimum requirements of a
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Agenda Item No. 1685
September 15, 2009
Page 62 of 68
single-family residence in the district in which it is being
constructed. At such a time as the principal residence is
constructed, then the floor area percentages listed above shall
apply.
(B) Standards for keeping animals (4.02.07)
Maximum number of animals
- Poultry or fowl- Total of 25
- Horses or livestock- Two (2) per acre
- Hogs- None
Fences and Walls (5.03.02)
The Estates District is grouped within the general heading of Agricultural
zoning districts, and fences and walls within Agricultural districts are
exempt from height and type of construction requirements.
Conditional Uses (2.04.03)
NOTE: Conditional Uses in the Golden Gate Estates Subdivision must be consistent
with the Collier County Growth Management Plan (GMP) and Golden Gate Area
Master Plan (GGAMP); consult the GMP/GGAMP to determine consistency.
- Adult day care- 8322
- Ancillary plants
- Assisted living facilities
- Care units
- Churches and places of worship-8661
- Civic and cultural facilities
- Earth mining- Subject to Section 4.02.02C (Extraction or earth mining, and
related processing and production, not incidental to the development of
the property, may be permissible as a conditional use where the site area
does not exceed twenty (20) acres.
- Education facilities, public and private schools- 8211-8231
- Extraction related processing and production
- Fratemallodges, private club or social clubs
- Group care units
- Model homes and model home sales
- Nursing homes
- Schools, public or private
5. Vegetation Removal
A vegetation removal permit (VRP) is not required for the hand removal of prohibited
exotic vegetation . Mechanical clearing of prohibited exotic vegetation shall require a
vegetation removal permit. Mechanical clearing is defined as clearing that would impact
or disturb the sailor sub-soil layers or disturb the root systems of plants below the
ground.
A vegetation removal permit for clearing one acre or less of land is not required for the
removal of protected vegetation, where the following conditions have been met:
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~September 15, 2009
Page 63 of 68
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i. A building permit has been issued for the permitted principal structure (the
building permit serves as the clearing permit), or
ii. The permittedprincipal structure has been constructed, and the property owner or
authorized agent is conducting the removal, and the total area that will be cleared on
site does not exceed one acre. (10.02,06 C)
A VRP is required to clear more than I acre. Reason for proposed clearing must be an
accessory use in Estates zoning.
The Florida Department of Environmental Protection regulates wetland impacts on single
family lots.
001 30 Noy 07
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Agenda Item ~~o. 1685
September 15, 2009
Page 64 of 68
.
COASTAL
ENGINEERING
CONSULTANTS
INC.
CECI Group Services
Civil Engineering
Planning Services
Survey & Mapping
Coastal Engineering
Real Estate Services
Website: WWIN.coastalengineering.com
A CECI GROUP COMPANY
February I, 2008
Mr. & Mrs. John Williams
1941 Santa Barbara Boulevard
Naples, FL 34116
RE: Collier County Santa Barbara Blvd. Widening Project No: 62081
Parcel 168
CEC File 08.005 (I68Nl)
Dear Mr. & Mrs. Williams:
Our firm has been retained by Collier County Government to appraise the above referenced real
estate under your ownership. The property abuts the Santa Barbara Boulevard right-of-way, and
a portion of the land is needed for the proposed road widening through this area. The purpose of
our appraisal is to estimate the current market value of your property and recommend
compensation for that portion needed by Collier County for the proposed road improvements.
I would like to perfonn an inspection of your property between 9:00 AM and 4:00 PM on Friday,
February 8, 2008. The purpose of the inspection is to view the property improvements will have
on the utility and therefore value of the property. If you feel it necessary to discuss this matter
with us or wish to accompany us on our inspection, please caIl our office at (239) 643-2324
to schedule a specific time that is convenient for you. We and detennine what impact the
right-of-way easement and proposed road welcome the opportunity to discuss the proposed
acquisition with you, (or your representative if you desire), hear what your concerns might be
and/or set an alternate time for inspection, if needed. Otherwise, we will inspect the property at
our convenience and proceed with our appraisal in order to meet production deadlines.
If you have any information you feel is relevant to the valuation of your property, please call us
at your convenience to discuss, We will objectively consider any information you provide us.
Sincerely,
COAST AL ENGINEERlNG CONSULTANTS, rNC.
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Michael P. Jonas, MAl
State Certified General Real Estate Appraiser RZ2623
3106 S Horseshoe Dri\e. Naples, Florida 341M' Phone (2J9) 643-23~.. Fa~ (239) 643-11..3. E-mail: info.a.cec1f1.com
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I GRAPHIC SCALE
1 08.1 108
GOLDEN GA If ESTA Iff UNIT So.
I NORTH .180'
I SOUTH 150' I~ PLA T BOOK 7, PA 'ES 58
OF TRACT 108 OF TRACT JOB
709.1 ~
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PROPOSED
R. O. W. [ASDJ[N T
SANTA
GOLDEN GA Tf UN! T 6,
PLAT BOOK 5. PACES 124-134
" --. I
6 7 8 I 9 ! 10 I 11 12 1'3 14 15 16
I GOLDEN GA TE ES rA TES UNI T 5. PLA T BOOK S; PACE 117-123 BLOC/( 153
a..t= "'GAL 'DE'SCRIP71ON.
BEING TlfE IIfST 54 FEET OF TlfE EAST 107 FEET OF TlfE SOUTIf 150 FEET OF TRACT 108, GOLOEN GA TE
ESTA TES UNIT 31, PLAT BOOK 1. PAGE: 5~ COLLIER COUNTY. flORIDA.
ICONTAINING 8,100 SOUARE FEET MORE OR LESS
SUBjECt TO [ASEMENTS &' RESTRICTIONS OF RECORD.
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Agenda Item No. 1685
September 15, 2009
Page 66 of 68
Memorandum
To:
TE/CM Right-ot-Way Acquisition Manager and Agents
From:
Harry Henderson, SRA, Review Appraiser
TE/CM, Right ot Way
Date:
August 4, 2009
Subject:
Land Value Update/Urban Boundary GGE area
(Supplemental to existing appraisals)
This purpose of this Valuation Memorandum is to provide a current value unit /price
estimate for Golden Gate Estates land located within the Urban Boundary in the vicinity
of the Collier Boulevard and Santa Barbara Boulevard corridors. This market derived
unit/price will be used to update the land value portion of the County's existing
appraisals having old/stale Effective Dates. The Effective Date for the current Valuation
Memorandum is August 4, 2009. Note that this memorandum shall be used in
conjunction with and will be supplemental to the TE/CM appraisals previously approved
and on-file pertinent to Collier Boulevard parcels on Project #68056 and Santa Barbara
Boulevard #62081. It should not be relied upon as a stand-alone document for
condemnation purposes. This land value unit/price update applies to E-Estates zoned
land having a single-family HBU only.
In my capacity as Review Appraiser within Collier County TE/CM and as a State
Certified/designated Real Estate Appraiser, I have searched for and analyzed closed
land sales data applicable to the GGE land as described above. Only the most current
sales were considered (closing within the past 6 months) in order to accurately reflect
current market conditions. Sunshine MLS and Collier County Public Records were
utilized in this data search. These sales are summarized as follows:
1340 Logan Blvd, Naples, FL 34116 folio#38391800004
Sale Price: $79,800 Sale Date: 6/09 Lot Size: 2.34 acres
Reflects: $34,1 02/acre relatively busy street location
4180 3rd Avenue NW, Naples, FL 34113 folio#36665780001
Sale Price: $73,000 Sale Date: 4/09 Lot Size: 2.50 acres
Reflects: $29,200/acre side street west of CR951
Collier County Transportation/ROW Department
5721 Dogwood Way, Naples, FL 34116 folio#38340760001
Sale Price: $51,500 Sale Date: 6/09 Lot Size: 1.14 acres
Reflects: $45,175/acre west of Logan/south of Pine Ridge Rd
Agenda Item No. 1685
September 15, 2009
Page 67 of 68
3481 ih Avenue SW, Naples, FL 34117 folio#36765120008
Sale Price: $74,000 Sale Date: 7/09 Lot Size: 2.73 acres
Reflects: $27,1 06/acre east off of Weber Blvd
3641 yth Avenue SW, Naples, FL 34117 folio#36763200001
Sale Price: $80,000 Sale Date: 2/09 Lot Size: 2.58 acres
Reflects: $31,007/acre east off of Weber Blvd
5831 Sea Grass Lane, Naples, FL 34116 folio#38227240000
Sale Price: $73,720 Sale Date: 3/09 Lot Size: 1.14 acres
Reflects: $64,667/acre side street off of Santa Barbara Blvd
SIS Weber Blvd, Naples, FL 34120 folio#36711000004
Sale Price: $116,000 Sale Date: 7/09 Lot Size: 2.50 acres
Reflects: $46,400/acre between 5th Ave NW and yth Ave NW
The above cited sales are all GGE tracts (E zoning) located within the Urban Boundary
in the vicinity of the Collier Blvd and Santa Barbara Blvd corridors. They represent the
entirety of all the market-transaction land sales which have occurred over the past 6
months in the market area studied. They show a unit price range of $27,1 06/acre to
$64,667/acre with an average unit price of $39,665/acre.
Given differences in street locale (all subject parcels are parts of parent tracts fronting
relatively busy streets), lot size considerations, closing dates and known topographical
features a pricing factor of $40,OOO/acre is selected as the most probable unit price for
current market value appraisal purposes relating to the Collier Boulevard and Santa
Barbara Boulevard lands being sought.
Because the lands being sought for these projects are or may be the subject of a
condemnation action now or in the future, the concept of highest possible price may be
more applicable. In this case a unit/price of $60,OOO/acre is selected as highest possible
unit/price (which reflects the price resistance of non-willing sellers).
The $60,000/acre unit price will be applied for all land portions of the Collier
Boulevard and Santa Barbara Boulevard appraisals being updated for current full
compensation calculations. (see attached Valuation Sheets)
Collier County Transporlation/ROW Oeparlment
Agenda Item No. 1685
September 15, 2009
Page 68 of 68
Valuation Update Sheet
Parcel 168 (Santa Barbara Blvd Project 62081)
Land Valued at pricing factor of $60}OOO/acre (market derived highest
possible market value)
.186 acres x $60,OOO/acre = $11,200
Improvements: $9}800
Cost to Cure: $0
Total Compensation: $21,000
Harry Henderson} SRA
RD3475, RGl153
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