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Agenda 07/22/2008 Item #16B20Agenda Item No. 16620 July 22, 2008 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to ratify the purchase of two Golden Gate Boulevard pond sites exceeding the authority delegated to the County Manager or his designee under Resolution No. 2007 -306. OBJECTIVE: To formally ratify the purchase and acceptance of two parcels of land purchased for stormwater retention and treatment ponds related to the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and Desoto Boulevard. CONSIDERATIONS: A Pond Siting Report prepared in June 2007 by Gulfshore Engineering and Stanley Consultants identified 13 tracts along the Golden Gate Boulevard corridor as being most suited for constructing stormwater retention and treatments ponds to serve the project. On July 24, 2007, the Board adopted Resolution No. 2007 -214 authorizing the acquisition of the pond sites by gift, purchase or condemnation; and on September 21, 2007, purchase offers in the amount of the Property Appraiser's 2006 assessed values were mailed to each of the owners of these tracts. (The 2006 assessed values were used because the preliminary 2007 assessed values had not yet been certified; and it was believed that little success could be achieved in asking owners to sell their property for less than they were last assessed.) Shortly after the offers were mailed, staff drafted what was later adopted by a 4 to l vote as Resolution No. 2007 -292, delegating certain authorities to the County Manager or his designee, one of which was to approve the purchase of property for the Golden Gate Boulevard project up to $50,000 above appraised value. During the Board's discussion on the item, before the vote was taken, concerns were raised over the limits of said authority being delegated. After which time, staff decided to draft a superseding project resolution for presentation to the Board which would resolve the prior concerns by limiting the County Manager's purchase approval to the lesser of $50,000 over the appraised value or 125% of appraised value. The second project resolution (superseding the first) was adopted at the following BCC meeting on October 24, 2007, as Resolution No. 2007 -306. In the intervening time between the mailing of the purchase offers and the adoption of the project resolutions, the owners of two of the pond sites (Pagano and Cardona) accepted the County's offers and purchase agreements were drafted, executed by the property owners, and prepared for transmittal to the Chairman of the Board of County Commissioners for signature. This was all done under the mistaken belief that the same level of purchasing authority that had existed since October 2006 (which was in effect for all other on -going right -of -way acquisition projects) had been continued by the Board's adoption of Resolution No. 2007 -306. While the Pagano and Cardona purchases do not exceed the $50,000 threshold, they are at 129% of appraised value (according to the estimate of market value prepared at that time by the state certified general real estate appraiser employed by Collier County as its Review Appraiser), and as such those purchases exceed the delegation of authority under Resolution No. 2007 -306 by just over four percent (4 %), and they must be ratified and approved by the Board. The 2006 assessed value of the Pagano property (the amount of both the purchase offer and the Purchase Agreement) was $140,740. This is 129.1 °io of the market value of the property ($109,000) as subsequently estimated by the County's Review Appraiser. Agenda Item No. 161320 July 22, 2008 Page 2 of 30 The 2006 assessed value of the Cardona property (the amount of both the purchase offer and the Purchase Agreement) was $145,080. This is 129.2% of the market value of the property ($112,300) as subsequently estimated by the County's Review Appraiser. FISCAL IMPACT: None. Both parcels closed on December 5, 2007, and funds in the combined amount of $285,820 were paid to the property owners at closing (less ad valorem taxes, mortgage and assessment payoffs, and any other seller deductions.) GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Because staff was not authorized under the Gift and Purchase Resolution existing at the time of contract, the purchase is subject to being challenged by third parties. By ratifying the purchase and acceptance of these properties, the Board can avoid any future challenge to the validity of these acquisitions. - -ETC RECOMMENDATION: That the Board of County Commissioners ratify and approve the purchase of the Pagano and Cardona properties on Golden Gate Boulevard as sites for the future location of stormwater retention and treatment ponds, and formally accept the conveyance of the properties. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, TECM Attachments: Appraisal of the Pagano property. Appraisal of the Cardona property Resolution No. 2007 -292 Resolution No. 2007 -306 Page i of 2 Agenda Item No. 161320 July 22, 2008 Page 3 of 30 COLLIER COUNTY —• BOARD OF COUNTY COMMISSIONERS Item Number: 16620 Item Summary: Recommendation to ratify the purchase of two Golden Gate Boulevard pond sites exceeding the authority delegated to the County Manager or his designee under Resolution No. 2007- 306. Meeting Date: 7122/2008 9.00:00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 7/712008 1:22:26 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 7/712008 1:41 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/7/2008 4:49 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 7/712008 5:10 PM Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 71812008 11:32 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/9/2008 1:30 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 7/912008 1:40 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 71912008 2:11 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/912008 3:41 PM file: /JC:\AgendaTest \Export\111 -July% 2022% 202008 \16. %20C0NSENT%20AGENDA \1... 7/15/2008 Page 2 of 2 Agenda Item No. 16B20 July 22. 2008 Page 4 of 30 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 7:53 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/1012008 4:50 PM file: / /C:AAgendaTest \Export\l ] 7- July% 2022,% 202008 \16. %2000NSENT%20AGENDAU... 7/15/2008 &AND APPRAISAL REPORT • llk No onr1P1 1 - # 0 16620 He No Poruct July 22, 2008 e 5 of130 Borrower Cansona _ Census Tract 10414 Map Reference S10T49R27 Property Address S_Sideoi GGBwest of 8th St SE City f4apl __ County Coliber _._ Stark FL__ Tip Code 34117 _ Legal Descmdon Golden Gate Eat_ates Unit 13 W 1_5011 of Tract 130 OR 1898 PG 995 _ _ ____ _ ..—_. Sale Mice S NIA Date of Sale NIA _ Loan Tenn N/A yrs. Property Rights Appraised IR Fee _ Leasehold _' De M1Mff PUD Actual Real Estate Tares $ 1.620.14 _ (w) Loan charges to be paid by seller $ N /A__ OtAer sales concessions N/A Lender /Chem Collier Coun GOV/T[anVpttat'O! Division „_,,,,,,_. Address 288§ South Hcrgeshae DnveNNaples FL-34104 Occupant vacant _ -_ -_._ Appraiser Herry Hende(ss;son §j _. Instructions to Aporvser Estimate Market _Value Folio #37228760001 Location J Urban ail Suburban _' Rural Good Avg Fair Poor Bu81Up ' 1 Over 75% X25 %to75% I Under 25% Employment Stability r-I Growth Hate V Fully CRY. X Rapid Steady -. Blow Convenience to Employment I]stable Property Values Increasing Declining Carver to Shopping F- I` Demand3upply Shmlage In Balance IOvemupply Convenience to Schools a L Marketing Time _Under 3 Mos. ]4 -6 MOa. .Over 6 Mos. Adequacy of Public Trenspoltadan L Present Land Use 60 %1 Family %2 -4 Family %Ago %Condo 0% Commercial Recreational Facllnies -J X -i _ _ %Industrial 40 %Vacant % Adequacy of Utilities n �`I _ ____ Change in Present Land Use Nd Likely X Uksly I') Taking Place ('j Prup" Compatibility I -) son vacant To ample- family Protection from Deejmerrtal Conditions __ Predominant Occupancy IX Owner Tenant %Vacant Police and Fire Protection D x 71 Single Family Price flange 5 285.000 to S 650 000 Predominant Value $ 365.000 _ General Appearance of Properties r�m Single Family Age New yrs. to 30. yrs. Predominant Age 10 yrs. Appeal to Market l Z IJ Comments including those factors . favorable or unfavorable, affecting marketabiM1ty (t g, public parks, schools, view, Man). The sub'ect Is Io_cateEd m the central pert of unimce oratetl Collier County in the Golden Gate Estates area. Golden Gate Eslatea is a SRTM no Rr Plaited subdtvlsivn wnsistin of screaudej ai le-family homesites (1.14 to 5 acres typshe in A sem4rural set- aervims are .,thin A 35 minute drive. Golden Gate Boulevam is an east -west running monotone, finkmag the Estates area with urbanized sections of areater Naples to the west. Dimensions 150 x 680 (gross sumag l _ _ = _ 2.34 Sq. Ft or Acres - Comer Lot Zoning classification Esta as (2.27 acre conforming lot size min J__ Present Improvements W do IAl do not conform an zoning regulations Highest and best use _' Present use X Other (specgy) eventual sinol�CevEh9Pmment,.2 home site Public Other (Descnbel OFF SITE IMPROVEMENTS Topo Level — _......._� _ Eke. X Street Access iZ Public [- !Private Size_ Compatible witharea - -- .— _.: Gas _ _ Surface Maca_tlam _ !Snap¢ Heetanoular Water well Maintenance X Public L] Private Vow Neighborhood San, Sewer __ septic I� Stan Sewer _I, Curb/Glmer Drainage Appears to be adequate Underground Elect &1ol Sidewalk i„J SAeet Llghh : Is the property located Ina HUD Wrinfi ed Spacial Flood Flank Ana? ,NO- IYx ,I Comments (tavords, or unfavorame including any apoment adverse easemaAs, encroachments, or other adverse conddi fruj Zone D Comm #12121 C045OG did 11/17/05 No adverse conditions observedlne aublect lands are assumed to have an uolendiwe[Iand profile whjcttwould allow single- famlly development.. ___ -_. as all by zomnn without atypical permitting and /or mongalion _____ -._ -, The and mgned In tolled Inane recent Saks m prepemes most similar ana promdmele to subject and has considered ten In tie market analysis. The dasnipew Includes a Urban Apparent redusup market reacson to Nose beets of stroMam variation between me subject and comparable properties. G e sigmecan, Rem in the comparable pmpedy, is superior to Or mine favorable than Me subject property, a minus ( -) abandoned is maps has reducing Me Ndicated vane of sllbi¢f, if a significant item In Me comparable is imerwr to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value at the subject. ITEM S JECT PROPERTY -. —,. 11OMPARALL1 0. 1- __ COMPARABLE OO_ _COMPARABLE N0 3 _ Address S.Sideoi GGBvrest of 8th St SE 16th Avenue BE GGE Unit 18 81h Street NE, GGE Unit 23 2nd Street NE, GGE Unit 14 Na lee. FL 34117 Naples_FL 34120 hl lies. FL 34120 Naples, FL 34120 - -- Proom to Subect 2.38 miles NW _ 3.01 miles NW 0.B2 miles W Sales Price $_.__ A IS 53.401 IS 43.6891 S 36.6301ac 267,000 225000 IS 100 .000 Data SOwcg_ _MLS #206090j55 _ MLS #205084.949 _ MLS #207013955 r Date of Sale and _ OEBCRIPT ON _._ DESCRIPTION +I 75Adluat DESCRIPTION Imo' )S,Apjuet_ DESCRIPTION ±t -ls Adjust Time Adjustment N!A____ 2/07 __.._ 5107 _.- _ . - -- 4107 Location E.of WilsonlJJ.EVyItl EcPNnson_______ EoPNilson EoNJilson___ ____ Silew._ 134 acres _ 5 00 some 5 15 acres 2_ 73 acres T000gtao In _- Level/natural Levelmatural _...__ Level /natural Levelinalural Estates Sales a, Financing N/A Cash or Equiv. Cash or Equiv. Cash or Eij Concessions Net Ad. otal __ + _ Indicated Value is of Subject 53400 3 43.689 '_S 36.630 Comments on Market Data attached addenda _$tie Comments and Conditions of Appraisal'. Subject an comps are cnmp_ared on &acre umtpnce bass. Sae sbached Limi ins Condloons. _. Final Reconcjishon'. 2.34 acres x S48, 000/acre = $112 300 I esenun: THE aaaarEm v4we, As peenen, OF suueal aaorantr As OF _ September 7,_ 2007 to be S 112.300 / r i/ Harry Henderson 9RAA! ^�"" _ ____ _�. Did f i Did Not Physically Inspect Property Aboraisedsl Revjew Written if applicable) Collier County Goverment Form -ND - 'WinTCTAC appraisal software by a la mode, ec. -1- 800- ALAMODE Clemental Addendum • file Id. P P1E1 Pa e o.16B20 Re No Pond P1 El July 22, 2008 BonowedCliem Cardona ge 6 of 30 -- PCKYAddress S.SyEeof GGBwest of 8th St SE _ _`_ C N les _ _ _Cau _Collier_ SUte_FL Zip Code 34117 Lender Collier Count Gov/Transportation Division • land : Market Data The subject and comps are compared on a unit/price ($ /acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject East of Wilson Blvd, Although prices have been declining in this area no time adjustments are applied; instead, more consideration is given to the more recent sales. The indicated unit prices range from $36,630 1acre to $53,400 1acre: given the comparison criteria discussed, a unit price of $46,000 1acre is selected as most reasonable for the subject lands. Thus- 2.34 acres x $48,000 1acre = $112,300 Form TADD — "WinTOTW appraisal software by a la mode, inc. — I- 800- ALAMODE • Subject Photo Page • FEAN—W WR o. 161520 July 22, 2008 ge7of,30 P��ba" C ardonaon a SSideGGewest of Blh St SE ___Na l Collier Coun Gov/Trens ortation Division Form PICPC(SR — ^NinTOTAL" appraisal software by a Is mode, me — 1- SM- ALAMODE Subject Street GGB Subject S.Sideof GGE"sl of lath St SE Sales Price N/A Gross hying Area Total Rooms Total Bedrooms Total Bathrooms Locabon Ed VVilsontW.EvrBtd View 2.34 acres site Quaky Age Form PICPC(SR — ^NinTOTAL" appraisal software by a Is mode, me — 1- SM- ALAMODE Subject Street GGB 0 Comparable Photo Page • Fil .P n i 1.P o. 16B20 July 22, 2008 ge 8 of 30 Borrower /Client Cardona PrubarlyrAddress S.SitleotGGSvreat pf 8th St SE CB}'__ Naples only Gc COff er_ —_ . State _FL_- Lp C04 34117 Lender Collier County Govm,ans rtation Division Comparable 1 161h Avenue NE, GGE Unit 18 P= to Subect 2.38 miles NW Sales Price 53,400/ac Gross Living Area Total Bedrooms Total Booms Total Bathrooms Total Bedrooms Location Total Bathrooms View Location E.ofWilson View 5.00 acres she Age Quality Age Comparable 2 8th Street NE, GGE Unit 23 Prpx. to Subject 3.01 miles NW Sales Price 43.689/ac Gross Living Area Total Booms Total Bedrooms Total Bathrooms Location E.ofyVilson View 5.15 acres Srte Quality Age Comparable 3 2nd Street NE, GGE Unit 14 Prox. to Subject 0 82 miles W Sales Price 36.630Jac Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location E.ofWilson View 2.73 acres $be Quality Age Form PICPD(CR — "WInTOTAP appraisal software by a Is mode, me — I- 800- ALAMODE 0 Location Map • f'Ie,Np. eo�erLOd�- rzertT-o 16620 July 22, 2008 BanowerlClient Cardona 9e 9 Of 30 Address S.Sideof GGBwest of 8th St SE Cdy Na les Cop Collier State FL ZiV Code 34117 Lender Colber.Counly GovfTranaortation Division Fan MAP .LOC— 'WinTOTAL" appraisal sohwoe by a la mode, ino. —1 800- ALAMODE .... - MapFOIHY 39th Ave NIY 33h Ave NE i 3W Ave N✓v 33rd Ave NE r Ot WeB Rd ,. . S ... 958:. "a�naetre. fi 314 Aye NE.. 10 S z 3 z M m m OOtl ndea Zeh Aye NE Maee Htrtl { 2 i a ® Bey Ea4 ,g' z Mh Ave TIE ¢ 1waL. 251h Ave NN 24th Ave NE 241h Aye fd l $ 22W Ave NN _..39id Aye BE m .. 2nd Aye ,NE H @ & s c O 2qh Aye A0.^! .._. z '2M Ave RE 20th Ave NE .. Wh Aye NE CeluaePme c n 18th Aw MN _ 10h, Aye NE 1M Ave NEJIn Hlvd E GebttrmD 1 h Ave NW 6M Aye AE HM1 Ave NE _ iHh_AVe P . m ...1. F iMh Ave. NE _.. A SaA7Y Ln .. 14th Ave MN_. " -. _... :. 3S5 1 ._... 121E Ave NE Gob Club 12th Ave NN of the 1M Ave NE EVeraMde, Olds Flwitle 1qh Aye NA1_. .. - -1 1.... aMxbR Rd oat Dab — ^' 9th Ave AE.. J o 3 0 u th 4S '1' = y+ IQ Y1 sQ 1Q fQ w SQ B7 qh Ave. NE g YJ ^r1 Y! 3 SQ Y! SQ Yl S4 !Q � z m m m m m m m m m azlr m /N Are NE F���33 33 2 2 ? h., e E✓ a i g l a d e s .. 2nd Ave NE... eve`: ...perp, ... �..� Odtlen Ogle Blvtl _ a...:. A,. BA 6 __ Odtlen.0Ote E ,. 9 �i u ` y..1p 5�S�B.,..�.: n �. 2nd Ave SE w w '!w¢ eyQ 5v�4 vY1J So Yv1� � 4th. Aye SE �w �A !'Aad ft Ave SE g p 5 w a :n c ""r Mh Aye SE .. Blvd _ # 'y yp '. FrenlD I A" a. 1M Aye .SE 58th Aye n P O� e.kiey sw Reeve Aye p N4eN... ood Wb eeMen Rd ¢ a s MerhleY Ave .... H1J♦e LeY, B'y Weehbwn Ave E _. B4 lades P4vry Bbbkhwn Rd 4W Ave SE ._... @� . 5 3 m s Mh Ave u ° - 52nd Ave SE .. 54M Ave SE' L.a dos .dak r Le r ®zooaaWmeeue OAPoMVeB.anEMxeaw , ae. r . Fan MAP .LOC— 'WinTOTAL" appraisal sohwoe by a la mode, ino. —1 800- ALAMODE • • k dMU o.16B20 July 22, 2008 Page 10 of 30 DEFINITION OF MARKET VALUE: The most probable once which a properly should bring in a competerve and open market under all conditions requisite to a far sale, the buyer and seller each acting brae ly, knowledgeably and assumed the price is not affected by undue SOnni mouth in this definition is fix consummation of a sale as of a specified dark and the passing of tide from seller to buyer under canditions whereby. (1) buyer and seller are typically motivated; (2) bath pries are wall informed or nil advised and each acting in what he considers his awn best (moral (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash In US. cards or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions` granted by anyone associated whh the sale. 'Adjustments to the comparables must be made for special an creative financing or sales concessions. No adjustments are necessary for these vests which are normally paid by sellers as a resit of tradition of law in a market area; these costs are really Identifiable since the seller pays these costs in virtually all sales transactions. Special or ceauve financing adjustments can be made to the comparable property by comparisons to financing terms offrad by a third carry momentum] lender that is not already involved in the property or transacuun. Any adjustment should not be calculated on a mechanical dollar for dollar cast at the financing or concession but the dollar amount of any adjustment shaped approximate the market's reaction to the financing or concessions based on the appraisers judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The operator's certification that appears in the appraisal report is subject to the following cone itons'. 1. The appraiser will not be nature ibb far mailers of a legal nature that affect either the property being appraised or the title to n The appraiser assumes that the tilde a good ad marketable and therefore, will not hander any opinions about be title. The property Is appraised on the basis of d being under responsible ownership 2. The appraiser has provided a sketch in the appraisal report to show approdnate dimensions of the improvements and the sketch ts included only to assist the wader of the report in visualizing the property and understanding the appraiser's determination of its size. 3, The appraiser has examined the available Food maps that are provided by the Federal Emergency Management Agency (or other data Sources) and has noted in the appraisal report what the subject are is located in an identdied Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their comnbumry value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are erelld if they am so used 6 The appraiser has noted in the appraisal repot any adverse conditions (such as needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or fiat he or she became aware or during the nmmal research Involved in performing the appraisal. Unless otherwise stated in the appraisal report the aporaiser has no knowledge of any hidden or unappared cmemsers of the property or adverse emimnmental conditions (indudng the presence of hazardous wastes, face substances, etc.) that would make the property more or less valuable, and has assumed that them are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that ac exist or Jar any engineering or test that might be required to discover whether soon conditions exist Because the appraiser is not an expert In the field of environmental hazards, the appraisal report must not be considered as an envirormemal assessment of the property. 7. The appraiser obtained the informal estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be are and Carmel The appraiser does not assume responsibility for the accuracy of such dams that were furnished by other parses. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Unhern Standards of Professional Appraisal Practice 9. The appraiser has based His or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (inclu6ng conclusions about the property value, the apparel plenty and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associate) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer; cansudants', professional appraisal organizations, any state or federally approved financial institution; or any transien m, agency, or monumentality of the drilled $tar s ter any state or the Cirmuct at Columbia; except that the lender /Chem may poo lbple the property description search of the report only to data cultural or reporting strvice(sl wiMout having to obtain the appraiser's prior written consent The antar is written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advensing, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Fan 1004B 6 -93 Collier County Government Form ACR — °WinTOTAL" appraisal software by a Is made, He —1- 800- ALAMODE . rFq Pond 1Eil Pz O. 16B20 July 22, 2008 Page 11 of 30 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1, 1 have reseamhed the subject market area and have selected a minimum at thin mcent sales of properties most smear and proximate to the subject pmperfy for consideration in the sales companso r anatysm and have made a dollar adjustment when appropriate to reflect the market reaction to those items of signbcam variation. # a significant item in a comparable property is superior to, or mare favorable then, the subject popery, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, f a significant item in a comparable property is inferior to, or less favorable than the subject popery, I have made a make adjustment to increase the adjusted sales price N the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report . I have not knowingly withhold any significant irdormation from the appraisal report and I believe. to the best of my krmwledge, that all statements and information in the appraisal apart are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis. opinions. and conclusions, which am subject only to the contingent and mining conditions specitied'm this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the tronsvehon. I did not base, either partially or completely, my analysis anWor the estima4 of market value in the appraisal report on the race, colas, religion, an, handicap, familial stands, or national origin of ether the prospective owners or occupants of the subject property or of the present owners or occupants m me properties in the vicinity of the subject property . 5. 1 have no present or contemplated future interest in the subject popery, and neither my curter: or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related parry, the amount of the value estimate, the atfn inmem of a specific msuh, or the occurrence of a subsequent event in order to receive my compensation and /or employment for pedomiing the appraisal. I did not one the appraisal report on a requested minimum valuation. a specific valumon, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in camormtY with the random Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as 0 the effective date of this appraisal, with the exception of the departure provision of those Standards, which does nut apply I acknowledge that an estimate of a masomble time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consultant who the marketing tore noted in the neighborhood section of this report, unless I have otherwise stated in the rectinchatern section. 8. I have personally inspected the interior and exterior uses ed the subject property and the exderior of all proportion listed as comparabhs in the appraisal abort. I further certify that I have noted any apparent or known adverse condfions in the subject improvements on the subject site, or on any site within the immediate Aciniy or the subject property of which I am aware and have made adjustment for these adverse conditions in my analysts of the property value an the extent that I had market evidence to support them. I hate also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set form in the appraisal report . r I relied on significant processional assistance from any individual or individuals in the performance of the appraisal or the orepa2ton of the appraisal repod, I have named such indivul lls) and disclosed the specdic tasks performed by them in the reconciliation section at this appraisal report. I calm, that any individual so named is qualdhd to perform the tasks, I have not aumprived anyone to make a change to any item in the report: therefore, # an unamhorited change is made to the appraisal report, I will take no responsibility for d. SUPERVISORY APPRAISER'S CERTIFICATION: # a supervisory appraiser signed the appraisal report , he or she ceMies and agrees that. I directly supervise the appraiser who prepared the appraisal report , have reviewed the appraisal report, agree with the statement and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appabal and the appraisal sport. ADDRESS OF PROPERTY APPRAISED: S.Sideof GG9west of 9th St SE, Niles, 1`1.34117 APPRAISER: SUPERVISORY APPRAISER (only It required(: (' Square: /�. __. Signamrer _. Name: Harry Henderson, SRA Name: Date Signed'. 9/1212007 Date Signed'. State Certri cafion #'. R03475 State Certification #: _ or Sate License #: or State License #: State: FL State: ,._ Expiration Date of Condemnor or License. 11 130 /08_._______..._._ _ Explosion Doh of CeNficahon or License'. ❑ Did ❑ Did Not Inspect Property Freddie Mac Form 439 8 -93 Page 2 of 2 Fannie Mae Farm 101149 6 -93 Form ACB — VtlinTOTAL- appraisal software by a Is mode, inc. —1- 800- ALAMODE LAND APPRAISAL REPORT R .161320 Fuji PondP1E July 22, 2008 2of30 Borrower Pagano Census Tract 104.14 Map Reference S11- T49 -R2 Property Address S. side GGB. west of 12th St SE City Naples County Collier State FL Zip Code 34117 Legal Description Golden Gate Estates Unit 48 W 1 50f of TraM 57 OR 1463 PG 2762 Sale Price $ N/A Date of Sale N/A Loan Tenn N/A yrs. Property Rights Appraised g! Fee Leasehold �_ De Mdjmus PUD Actual Real Estate Taxes S 1.571.68 (y0 Loan charges to be pad by seller $ N/A Deal sales concessions N/A Lender /Client Collier Countv Gov/Transportation Division Address 2885 South Horseshoe Drive Naples FL 34104 Computer vacant Appraiser Harry Henderson SRA Instructions to Appraiser Estimate Market Value Folio 439204040002 Location L Urban 'Z Suburban , Rural Good Avg. fair Poor Built Up �,—_ Over 75% 25% to 75% ❑ Under 25% Employment Stablldy ❑ Z ❑ - Growth Rate [ Fully Day. Z Rapid Steady [ Slow Convenience to Employment [ Zr ❑ ❑ Property Values Increasing [Stable LN Declining Cankemence to Shopping ". ❑ _ ❑ Demand /Supply Shortage ❑_ In Balance I Oversuppry Convenience to Schools[ ❑r ❑ Marketing Time J Under 3 Mos. , 4 6 Mos, Z Over 6 Mas. Adequacy of Public Transportation Present Lard Use 60 %1Family %2- 4Family Alto %Condo 0% Commercial Reareahonal Facilities ❑ ❑ [ ❑ _% _ %Industrial 40 %Vacant % Adequacy of lttildie5 Qr ❑ Change in Present Land Use Not Likely ❑v Likely l') ❑ Taking Place (') _� Property Compatibility F-1 (') From vacant To single -iamnv Protection from Detrlmemal Condgrons '[ ❑ [, F- Francesconi Occupancy ❑Owner ❑Tenant Vacant Police and Fire Protection ❑ LI —% Single Family Price flange $ 285,000 to $ 650,000 ProdommaM Value IS 365,000 General Appearance of Properties I`] z ❑ '❑ Single Family Age New yrs. to 30 yrs. Placement Age 10 yrs. Appeal to Market ❑ QI '_, _'. nois n The subject is located in the central pan of Comments including those factors, favorable or unfavorable affecting marketability be g. public parks, schools, view, sprawling pre-platted subdivision consisting of uniincor orated Collier County in the Golden Gate Estates area Golden Gate Estates is a acreag.-typ. sin le -fain ily Indonesians 1.14 to 5 acres t icaN in a semi -rural senting Essential services are within a 35 minute drive. Golden Gate Boulevard is an east -west running monotone linking the Estates area with urbanized sections of greater Naples to the west. Dimensions 200 x 660 fames acreage) = 2.27 Sq. Ft. or Acres L Corner Lot Zoning classification Estates (2.25 acre conforming lot size min.) Present Improvements NJ do n do not Conform to inning regulations Highest and best use ❑ Percent! use Other, fspepRVl eventual single- family development, 2 home site Public Net (Describe) I OFF SITE IMPROVEMENTS 'Tape Level Elec. z Street Access ❑ Public Private Site Compatible with area _ Gas ❑ Surface Macadam Shape Rectangular Water ',] well 1 Malmenance ® Public ❑ Private View Neighborhood San. Sewer ❑ septic Stone Sewer J Curo /Gutter Drainage Appears to be adequate u Undergmuntl Elect. B Tel I (Sidewalk Sleet Lights is the property bated in a HUD dedl Special Flood Haaard Area? XNo ❑Yes Comments (favorable or unfavorable including any apparent adverse e asemps encroachments , or other adverse conditmnsl. Zone D .Comm #12121 C0450G, did 11 /17/05 No adverse conditions observed The subject lands are assumed to have an u Iandlwetiantl profile which would allow single-family development as allowed bv zoning without atypecual permitting and/or miti anon. The unxpeigried has recited three recent sales of mpperbea most similar and Proximate to aubled and has Considered mesa in the market analysis The Wscepton (Deludes a dollar adjustment rentaUllg market reamon to those items of significant Variation reason are subject and comparable properties If a signolicard Item In me Comparable property Is survive in or more favorable Nan Ice subject property, a minus ( -) adjustment Is made thus reducing Pe indicated VBWe of subject, if a significant Item In the Comparable Is meriIX to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value at the subject. ITEM J SUBJECT PROPERTY COMPARABLE NO 1 COMPARABLE NO .2 COMPARABLE N0.3 Address S.side GGB, west of 12th St SE 16th Avenue NE, GGE Unit 1 B 8th Street NE, GGE Unit 23 2nd Street NE, GGE Unit 14 Naples, FL 34117 Naples FL 34120 Naples, FL 34120 No Isis, FL 34120 Pmxim t0 Subject 2.63 miles NW 3.22 miles NW 1.36 miles W Saks Fiice NIA $ 53.4001ac 43 689/ac 36.6301ac Pnce Gross $ $ 267.000 IS 225,000 100,000 Data Source MLS #206040765 MLS #205084949 MLS #207013955 Date of Sale and DESCRIPTION DESCRIPTION I + (-)S Adjust. DESCRIPTION + - $ Adjust DESCRIPTION + - $ Adjust. Time Adjustment N/A 2/07 5/07 4107 Location E.of W ilsonM Evr ld E. ofW ikon E.of Andson E.ofVV Ison SheNjew 2.27 acres 5.00 acres 5.15 acres 2.73 acres Topography Levellnatural Levellnatural Levellnatural Level/natural Zoning Estates Estates Estates Estates Sales or Financing N/A Cash or Equiv.', Cash or Equiv. Cash or Equiv.. Concessions Net Act (Total) + Ii ndjca led Value of Subjec[ Not % IS 53.400 Net -.% $ 43689 Net % IS 36,630 Commends on Market Data'. See attached addenda. - Comments and Conditions of Appraisal'. Subject and comps are compared on a $)acre unit price basis. See allached Limiting Conditions. Final Reconclubmin 2 27 acres x $48,000 1acre $109.000 I ESTIMATE THE MARM VALUE AS DEFINED, OF SUBJECT PROPERTY AN OF September 7, 2007 t0 be $ 109 000 Harry Henderson BRA ❑ Did ❑ Did Not Physically Inspect Property Appraiser(s) Review Appraiser (d applicable (Y2K) Collier County Government Form LND — "WinTOTAL" appraisal software by a Is mode. ins —1 800-ALAMODE Sunnlemental Addendum 16B20 File No. PendP1E2 July 22, 2008 Pag 13 of 30 BarmwerlGNela Pa ano Pm a Addreas S.side GGB west of 12th St SE C' Naples GOUMY Collier State FL hR Code 34117 Leader Collier County GoNTrans od2tlon Division -Land: Market Data The subject and comps are compared on a unitlpdce ($/acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject East of Wilson Blvd. Although prices have been declining in this area no time adjustments are applied; instead, more consideration is given to the more recent sales. The indicated unit prices range from $36,630 /acre to $53,400 1acre; given the comparison criteria discussed, a unit price of $48,000 /acre is selected as most reasonable for the subject lands. Thus- 2.27 acres x $48,OOOmcre = $109,000 . Form TADD — "WinTOTAC appraisal software by a Is mode, inc. — 1- BOUALAMODE Subject Photo Page FI . 16620 July 22, 2008 14o 30 BorrowmlGNem Pa ano Pro a Address S.side GGB, west of 12th St SE city Naples County Collier State FL ZIP Code 34117 Lender Collier Count Gov/Trans ortatlon Division Subject S.side GGB, west of 12th St SE Sales Pride NIA Gross Lr iog Area Teal Rooms Total Bedrooms Total Bamrooms Location E.of Will .Evrgld View 2.27 acres Site Quality Age Form PICPR.SR — 'WinTDTAL" appraisal software by a la mode, Inc. — 1- 800-ALAMODE Subject Street GGB F .16820 Comparable Photo Page July 22, 2008 Pag 15 of 30 Borrower/Client Pa ano Property Address S side GGB west of 12th St SE C' Naples Cou Collier Slate FL li Cad 34117 ter Collier Count Gov/Transciortartion Division Comparable 1 16th Avenue NE, GGE Unit 18 Prot to Subject 2.63 miles NW Sales Price 53,4001ac Gross Living Area Total Roams Total Bedrooms Total Bathrooms Location E.ofWilson View 5.00 acres Site Quality Age Comparable 2 8th Street NE, GGE Unit 23 Pmx. to Subject 3.22 miles NW Sales Price 43,6891ac Gross Living Area Total Booms Total Bedrooms Total Bathrooms Location E.ofWilson View 5.15 acres Site Quality Age Comparable 2nd Street NE, GGE Unit 14 Prox. to Subject 1.36 miles W Sales Price 36,630 1ac Gross Living Area Total Rooms Total Bedrooms Toral Bathrooms Location E.ofWilson View 2.73 acres she Quality Age Form PICPa CR— 'WinTOTAL- appraisal software by a la mode, he —1- 600 - ALAMODE Location Map �germa nerrrrvo. 161320 July 22, 2008 BorrowerlCliem as ano 16 of 30 Pro Atldreas Ssitle GGB west of 12th St SE Ci Na les County Collier State FL li COde 34717 Lender Copier County GovlTrans ortation Division _ o BaNle Bay Eesl etf � Or She¢y LM1'— OI]e Flarlrae �- GoM Club F Ave N --4-7h A�in� _ 'Mao ne- - _ AVe M__ -R 37th Ave N - - Ave M'V�'� 39h Ave t r 3 yh . K-� 9re hYV - t0.9rtl yf�NE Ore0peiree em n 0 dwe'= ntl nveyw -�_ _ Intl Ave nil _ c: I f11 Aft rVL _ 2ah2 4h Aft -Nw - 14th.AVe NE— 4h Ave NW _12tt AVe NE I a1 ve r _v y 2lat Ave. NE :au_rae�•.d �M Ave NEi_ __ 27th AeNE �WL9w �.� _ 24M Rv_e NE - c,:e ICE 7 dPa Ave IJE✓,,,116tI�AVe_ - _NE 141h Aft NE _ -I4th?.eeN- NE 1ah Ave -NE _ 121hAY.0 N. NE __ 10h AI NE I- _t Qth.A, N IE�,. Bth NE AK_ NE % '4tt h ACNE: p_QQIe_6Ntl Cd�n_l3eJe @Nr, E_� ColtjgQ„Oete Blvtl� _ ��a 1 Fen MAP IOC - "NinTOTAL^ aPPraisal software by a la mode. Inc. - 1 -800-ALAMODE Intl Ave S_ ra = ' S 2 2 2 2g v' Yn' in �n �n rm r� N �n my _ - w-41h AVe 5E Ave_SE �p -" h Aro SE _ BlfLre SE d ,2 F lle T h 4 9 PgtiSE_ L - � II- 14th-Aft, a m - IRh Aft SE„ m° n ff 181Y Ave SE$ -gffi Aft SE — n -_. Ymene qII, I Rtl 14th- -Aft SE OoMen OelesENeles _ _. . .. .: BlecNburn Rd_ _ � - �'- •�•.. -• -i Ixtlwu -Wwv B1 ...,- 52na Aft SE :_ .,. ... .... -_. - - -. - Sgh.Am SE vmwxn.esaeu mzoue e.ve4 rr «xe wr er.� - -- - Fen MAP IOC - "NinTOTAL^ aPPraisal software by a la mode. Inc. - 1 -800-ALAMODE Fi . 16820 July 22, 2008 Page 17 of 30 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all canditons requisite to a fair sale, the buyer and seller, each acting pendently, knowledgeably and assuming the pnce Is not affected by undue stimulus , Implicit in this common is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well tmarme0 or well advised, and each acting In what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal denunciation for the property sold unaffected by special or creative financing or sales concessions' gamed by anyone associated with the sale. 'Adjustments to the comparames must be made lot special or creative financing or sales concessions. No adjustments are necessary for Nose costs which are nomealty paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs In Nmlally all sales transactions. Special or creative financing adjustments can be made to the comparable property, by compansans to finarcing terms offered by a third party mstiWional lender that is not already involved in the Property or "%action, Any adjustment should not be calculated an a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's cerificatlon that appears in the appraisal report is subject to the following camillems 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being apprised or the tie to it The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the the The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch In the appraisal report to snow improvements dimensions of the improvements and the sketch is induced only to assist the reader of the report In visualaing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject she is located in an iderifead Special Flood Hazard Area Because the appraiser is net a surveyor, he or she makes na guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the properly in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cast approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvemena must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conddians (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise sated in the appraisal report, the appraiser has no knowledge of any hidden or unapparem condi am of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, a.) that would make the property mom or less valuable, and has assumed that there are no such condiam and makes no guarantees or warranted. express or implied, regarding the derail of the property . The appraiser will not be responsible for any such condNons that do exist or for any engineering or testing that might be required to discover whether such condtiors exist Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment at the property. 7. The appraiser obtained the imormation, estimates, and opinions Nat were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does rot assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the imgvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lenderlclient specified in the appraisal apart can distribute the appraisal report (including coedushers about Re property value, the appraiser's identity and professional designations, and references to any professional appraisal organizahom or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United Sates or any state or the District of Columbia; except that the lendericlient may distribute the property marctlon section of the report any to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Farm 439 6-93 Page 1 of 2 Fannie Mae Form 10048 6-93 Collier County Government Form ACR — 'WmTOTAL' appraisal software by a Is mode, am — 1- 800- ALAMODE %AMP F .16B20 July 22, 2008 Page 18 of 30 APPRAISER'S CERTIFICATION: The Appraiser certtlies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most simllar and proximate to the subject property for cosideragon in the sales comparison analysis and have made a dollar adjustment when appropriate to rhal the market reaction to those hems of significant variation h a significant hem in a comparable property is SWenor to, or more favorable than, the subject property I have made a negative adjustment to reduce the adjusted sales price of the comparable and, If a significant item in a comparable property is interior to, or ass favorable than the subject properly I have made a positive adjustment to increase the adjusted sales price of the constable 2. 1 have taken into consideration the ladors that have an impact on value in my development of the estlmats of market value in the appraisal report . I have rot knowingly withheld any significant inloMbon from the appraisal report and I believe, to the best of my knowledge, trial at statements and information in the appraisal rapad are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only, to the contingent and Iimrting condhions specified in this torn. 4. 1 have no present or prospective interest in the property that is the subject to this report. and I have no present or prospective personal interest or bias with respect to the pa hopans in the transactdn. I did not base, either pardally or completely, my analysis ani the estimate of market value in the appraisal report on the race, color, topped, sex, handicap, familial status, or national origin of tither the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property . 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is condngem an the appraised value of the property . 6. 1 was not required to record a predetermined vale or direction in value that favors the muse of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occunence at a subsequent event in order to receive my compersaian and /or employment for performing the appraisal. I did not base the appraisal noon on a requested minimum valuation, a specific valuation. or the need to approve a specific mortgage loan. 7 1 performed this appraisal in contormlty won the Ondarm Standards of Pi Dfessional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of the appraisal, with the axcepdon of the deparMe m aysion of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market Is a condition m the delin ton of market value and the estimate I developed is consistent who the marketing time noted in the neighborhood section N this report , unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all propenies listed as comparables in the appraisal report . I further certify that I have noted any apparent or (mown adverse condmons in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject properly of which I am aware and have made adjuetments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect at the adverse conditions on the marketability of the Subject property. 9. 1 personaty prepared all conclusions and opinions about the real estate that were set forth in the appraisal report . h I relied on signhicant professional assistance from any tndredual or Individuals In the performance of the appraisal or the preparation of the appraisal report, I have named such Indivldual(sj and disclosed the spheric tasks performed by them in the reconciliation section of this appraisal report. I certlry that any individual se named is qualified to perform the task¢. I have not authorized anyone N make a change to any hem in the mij therefore, I an unauthorized change is made to the appraisal report I will take no respoosioiliry for h. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she codifies and agrees that I directly supervise the appraiser who prepared the appraisal report , have reviewsd the appraisal report agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's cerdlicaoons numbered 4 through 7 above, and am taking full rasponsdifity for the appraisal and the appraisal report . ADDRESS OF PROPERTY APPRAISED: S.side GGB west of 12th St SE Naples FL 34117 APPRAISER: Signature' Name: Harry Henderson SPA Date Sigrntd: 9/12/2007 State Certification#: RD3475 or State License # Stare: FL Expiration Date of Galard anon or License: 11/30108 SUPERVISORY APPRAISER (only if required) Signature. Name: Date Signed: State Certification #: or State License #. State: Expiration Date of Certification or License'. U Did ❑ Did Not Inspect Property Freddie Mae Form 439 6 -93 Page 2 or 2 Form ACR — "WInTOTAL' appraisal software by a Is mode, Md. — 1- 80DALAMODF Agenda Item N 16820 July 2008 Page 9 of 30 RESOLUTION NO. 2007- 29 7 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THE FEE SIMPLE AND THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY ]IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD (PHASE 1), AND THE FEE SIMPLE INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEVARD TO DESOTO BOULEVARD. (PHASES I AND 2.) (PROJECT NO. 60(40.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005 -25 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005 -25; WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard (Project No. 60040) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the proposed improvements and related facilities along Phase 1 of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated herein, and the stormwater retention and treatment ponds along Phases I and 2 of the project corridor, in the locations collectively represented by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA, that: The Board has determined that the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard, Project No. 60040 (hereinafter referred to as "the Project "), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 3m No. 16B20 7UTy Z2, 2008 Page 20 of 30 2. The construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to acquire right-of- way in either fee simple or as easements for roadway, drainage and/or utility purposes within Phase 1 of the Project corridor, identified on Exhibit "A" (attached hereto by reference and made a part hereof), and stormwater retention and treatment pond sites in fee simple within Phases 1 and 2 of the Project corridor, in the locations collectively represented by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, as best suits the needs of the project; and the County Manager or his designee is hereby authorized and directed to acquire said right-of-way and stormwater retention and treatment sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners based upon appraisals prepared by licensed real estate appraisers. 5. The Board hereby authorizes the County Manager or his designee to approve right -of- way and stormwater retention and treatment pond site purchases where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value. 6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right -of -way and/or stormwater retention and treatment pond sites where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. Said settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a'Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, -Page 2- payable to the property owners) of record, and to others who may possess an equitable interest in the subject right -of -way parcels or stormwater retention and treatment sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution, adopted on this _ L day of CC 7 o j3 iC . 2007, after motion, second and majority vote. Ao' H"B. BWCI.-,lrLERK Approved as to form and legal sufficiency: _i- Heidi F. Asthon -Cicko Assistant County, Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER C LINTY, ORIDA By: S N -1`191 3- Item No. 16B20 July 22, 2008 Page 21 of 30 Agenda Item No. 161320 1 July 22 2008 EXHIBIT 9 Page 22 of 30 Page! of It © S STi ' 't "i 13 .. ..�. �.a.. f— UM i; ....i f— Y-- Agenda Item No. 161320 July 2 2008 Page 3 of 30 EXHIBIT B GOLDEN GATE BOULEVARD POND SITE PARCELS ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE Parcel No. Legal Description: PSP1 W 1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221200005. PSP1 W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221280009. PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228760001. PSP1 F2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228720009. PSP2W 1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204000000, PSP2W2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204040002. PSP2E1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228540001. PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228520005. PSP3W 1 The West 160 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394600006. PSP3W2 The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394680000. PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394640008. PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as recorded in Plat Book 5, Page 18, of the public records of Collier County, Florida. Folio No. 40866000000. PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as recorded in Plat Book 5, Page 16, of the public records of Collier County, Florida. Folio No. 40741080006 Agenda Item No. 161320 July 22, 2008 Page 24 of 30 MEMORANDUM Date: October 26, 2007 To: Kevin Hendricks Transportation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -306: Gift and Purchase Acquisition Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #10D), adopted by the Board of County Commissioners on Tuesday, October 23, 2007. The original Resolution is being held in the Minutes and Records Department as part of the permanenet record. If you should have any questions, please call me at 252 -8406. Thank you, Enclosure Agenda Item No. 16 20 July 22, 2 08 Page 25 o 30 RESOLUTION NO. 2007 - _ Rn 6 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT -OF -WAY AND RELATED EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD (PHASE ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO (FROM WEST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.) (PROJECT NO. 60040.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005 -25 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005 -25; and WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to Desoto Boulevard (Project No. 60040) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the expansion of Golden Gate Boulevard from two lanes to four lanes (and ultimately six lanes) from west of Wilson Boulevard to East of Everglades Boulevard, the "Phase One" limits of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated herein, and the acquisition and construction of stormwater retention and treatment ponds along Phases One and Two of the project comdor, in the locations collectively represented by the legal descriptions depicted in Exhibit °B" attached hereto and incorporated herein, are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. WHEREAS, on October 9, 2007 the Board adopted Resolution No. 2007 -292 authorizing the acquisition of those fee simple and permanent and temporary easement interests necessary for the expansion of Golden Gate Boulevard and for the construction of stormwater retention and treatment ponds; and WHEREAS, the Board desires to amend the delegations of authority in Resolution No. 2007 -292. Agenda Item No. 16 20 July 22, 008 Page 26 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Golden Gate Boulevard from west of Wilson Boulevard to Desoto Boulevard Project No. 60040 (hereinafter referred to as "the Project "), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 2. The construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to authorize he acquisition of right -of -way in either fee simple, or as easements for roadway, drainage and/or utility purposes, as well as temporary construction and driveway restoration easements, within Phase One of the Project corridor, identified on Exhibit "A" (attached hereto by reference and made a part hereof), and stormwater retention and treatment pond sites in fee simple within Phases l and 2 of the Project corridor (the Phase Two limits of the project corridor are from East of Everglades Boulevard to East of DeSoto Boulevard), in the locations collectively represented by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, as best suits the needs of the project; and the County Manager or his designee is hereby authorized and directed to acquire said right -of -way and stormwater retention and treatment pond sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners based upon appraisals prepared for Collier County by licensed real estate appraisers. In view of the differences of opinions between real estate appraisers as to property owner compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve right -of -way, easement, and stormwater retention and treatment pond site purchases where the property owner has agreed to sell the required land rights to the County at, or up to twenty five percent (25 %) above, Collier County's appraiser's estimate of full compensation to the property owner, with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase -Page 2- Agenda Item No. 16$20 July 22, 2 08 Page 27 o 30 approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed settlement over one hundred and twenty -five percent (125%) or over $50,000 above the County's appraiser's estimate of full compensation shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right -of -way and/or stormwater retention and treatment pond sites, where the property owner has agreed to sell the required land rights to the County at its appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above); and the Board hereby authorizes its present Chairman, and any subsequent Chairman for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. Said Administrative Settlement authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, and to others who may possess an equitable interest in the subject right -of -way parcels or stormwater retention and treatment sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 10. Resolution No. 2007 -292 is hereby repealed in its entirety. -Page 3- Agenda Item No. 1 July 22, Page 28 This Resolution, adopted on this 2'1dy of D C , 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCKyCLERK or- 41111"t t at ta.Qwt s stgaature oal• Approved as to form and legal sufficiency: r= 41, _, A (io Heidi F. Asthon -Cicko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER NTY 'DLO By: JAMES COLETTA, CHAIRMAN -Page 4- oil 0coO Nom MO- E75 �p N O N N TO m aa� m m ;0 966d b„ 11131HX3 Agenda Item No. 1OB20 EXHIBIT B July 22, 008 Page 30 f 30 GOLDEN GATE BOULEVARD POND SITE PARCELS ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE Parcel No. Legal Description: PSP1 W 1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221200005. PSP1 W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221280009. PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228760001. PSP1 E2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228720009. PSP2W 1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204000000. PSP2W 2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204040002. PSP2E1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228540001. PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228520005. PSP3W 1 The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394600006. PSP3W2 The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394680000. PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page B4, of the public records of Collier County, Florida. Folio No. 39394640008. PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as recorded in Plat Book 5, Page 16, of the public records of Collier County, Florida. Folio No. 40866000000. PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as recorded in Plat Book 5, Page 16, of the public records of Collier County, Florida. Folio No. 40741080006