Agenda 09/24/2024 Item #16B2 (Agreement for the purchase of right-of-way (Parcel 1375FEE) required for the Vanderbilt Beach Road Ext-Phase 2 - Project #60249)9/24/2024
Item # 16.B.2.
ID#: 2024-748
Executive Summary
Recommendation to approve an Agreement for the purchase of right-of-way (Parcel 1375FEE) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $152,349.
OBJECTIVE: To acquire right-of-way needed for the Vanderbilt Beach Road Extension – Phase 2 Project (the
“Project”), which will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard; provide sidewalks;
a shared use pathway; bike lanes; drainage; and related improvements.
CONSIDERATIONS: Collier County is seeking to purchase a fee simple interest in a parcel of right-of-way (Parcel
1375FEE) required for construction of the Project. The improved parent tract is owned by Gay Leonard and is located
on the south side of 12th Ave NE. Parcel 1375FEE is 0.75 acres in extent and rectangular in shape.
The attached appraisal report prepared by RKL Appraisal and Consulting, dated June 10, 2024, estimates the full
compensation amount for Parcel 1375FEE to be $118,200. The attached Purchase and Sale Agreement reflects a
negotiated compensation amount of $143,500 plus statutory attorney fees in the amount of $8,349. If this parcel is not
acquired by negotiation, it will have to be condemned. Significant risk factors accrue to the County in condemnation
actions, including exposure to exorbitant damages claims and liability for payment of additional attorney and expert
witness fees and costs. Staff accordingly recommends that the Board of County Commissioners approve the Agreement,
as a better result is not expected if Parcel 1375FEE is condemned.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $152,349 are required, being the compensation amount of $143,500, attorney fees of
$8,349, and estimated closing and recording fees of $500. The primary funding source for the acquisition of right-of-
way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will
be gas taxes.
No maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office. If the County needs to
acquire this right-of-way by eminent domain, the costs of acquisition will be significantly greater than the proposed
compensation and could lead to substantial project delays and costs. With that noted, this item is approved as to form
and legality and requires majority vote for approval. –DDP
RECOMMENDATIONS:
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of parcel 1375FEE and authorize the County Manager, or her designee, to record the
conveyance instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreement.
PREPARED BY: Prepared By Robin L. Goldsboro, Property Acquisition Specialist I, Right-of-Way Acquisition,
Page 2244 of 4908
Transportation Engineering Division.
ATTACHMENTS:
1. Aerial - Parcel 1375FEE
2. Appraisal 1375FEE DOV 05.03.24
3. Purchase and Sale Agreement - 1375FEE
Page 2245 of 4908
AERIAL – PARCEL 1375FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1375FEE
Page 2246 of 4908
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
VANDERBILT BEACH ROAD EXTENSION PHASE II
Residential
Parcel No. 1375 FEE
12th Avenue NE
Naples, Collier County, Florida, 34120
PREPARED FOR:
Ms. Lisa Barfield
Review Appraiser
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
EFFECTIVE DATE OF THE APPRAISAL:
May 3, 2024
DATE OF THE REPORT:
June 10, 2024
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2024-098 (Parcel No. 1375 FEE)
Page 2247 of 4908
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
June 10, 2024
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
Re: Real Estate Appraisal
Vanderbilt Beach Road Extension Phase II
Parcel No. 1375 FEE
12th Avenue NE, Naples,
Collier County, Florida, 34120
RKL File Number: 2024-098 (Parcel No. 1375 FEE)
Dear Ms. Barfield:
At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying
appraisal for the above referenced property. The purpose of the appraisal is to estimate
the market value of the fee simple interest in the parent tract before and after the
proposed acquisition. The intended users for the assignment are Collier County
Transportation Engineering Division, Right of Way Acquisition. The intended use of the
appraisal is as a basis of value for determining full compensation to the property owner
for the loss of the real estate resulting from the property rights and improvements (if any)
which are proposed to be acquired, including all diminution in value to the remainder
land and improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition area. We use the appraisal report option of Standards
Rule 2-2 of USPAP to report the assignment results.
Please reference the appraisal scope section of this report for important information
regarding the scope of research and analysis for this appraisal, including property
identification, inspection, highest and best use analysis, and valuation methodology.
The accompanying appraisal conforms with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute.
The parent tract consists of a vacant parcel of land containing a total of 5.00 acres, or
217,800 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
Page 2248 of 4908
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
June 10, 2024
Page 2
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
Based on the appraisal described in the accompanying report, subject to the Limiting
Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions
(if any), it is my opinion that the amount due the property owner, as a result of the loss of
real estate resulting from the property rights and improvements (if any) which are
proposed to be acquired, including all diminution in value to the remainder land and
improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition (Parcel No. 1375 FEE), as of May 3, 2024, is:
SUMMARY OF TOTAL COMPENSATION
Value of Property Rights Taken: $49,200
Value of Improvements Taken: $0
Severance Damages: $69,000
Net Cost to Cure: $0
TOTAL AMOUNT DUE OWNER: $118,200
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Respectfully submitted,
RKL APPRAISAL AND CONSULTING, PLC
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
Page 2249 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II TABLE OF CONTENTS
TABLE OF CONTENTS
Summary of Important Facts and Conclusions ................................................................. 1
Introduction Information ................................................................................................. 5
Subject Identification ................................................................................................... 5
Current Ownership and Property History ..................................................................... 5
Appraisal Scope........................................................................................................... 5
Client, Intended User, and Intended Use ...................................................................... 6
Definition of Market Value .......................................................................................... 6
Definition of Just Compensation .................................................................................. 6
Definition of Property Rights Appraised ...................................................................... 6
Purpose of Appraisal, Property Rights Appraised, and Dates ....................................... 6
Scope of Work............................................................................................................. 6
Market Area Analysis .................................................................................................. 8
Property Description and Analysis ................................................................................. 12
Site Analysis - Parent Tract ....................................................................................... 12
Real Estate Taxes and Assessments ........................................................................... 20
Highest and Best Use ................................................................................................. 21
Valuation Methodology ................................................................................................. 23
Analyses Applied ...................................................................................................... 24
Land Value ................................................................................................................ 25
Valuation Analysis of Part Taken and Remainder Property ............................................ 32
Description of Part Taken .......................................................................................... 32
Value Analysis Proposed Property Rights Taken ....................................................... 35
Valuation Analysis of Remainder Property As Severed ................................................. 36
Description of Remainder Property as Severed .......................................................... 36
Value Analysis Remainder Property As Severed ........................................................ 36
Severance Damages to the Remainder Property ......................................................... 39
Cost to Cure Analysis ................................................................................................ 39
Special Benefits Analysis .......................................................................................... 39
Summary and Conclusion .......................................................................................... 40
Certification .................................................................................................................. 41
Assumptions and Limiting Conditions ........................................................................... 43
Addenda
Appraiser Qualifications ................................................................................ Addendum A
Property Information ..................................................................................... Addendum B
Comparable Data .......................................................................................... Addendum C
Page 2250 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 1
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
GENERAL
Subject:
Vanderbilt Beach Road Extension Phase II
12th Avenue NE, Naples,
Collier County, Florida, 34120
Owner: Gay Leonard
Intended Use: The intended use is as a basis of value for determining full
compensation to the property owner for the loss of the real
estate resulting from the property rights and improvements (if
any) which are proposed to be acquired, including all
diminution in value to the remainder land and improvements (if
any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition area.
Intended User(s): Collier County Transportation Engineering Division, Right of
Way Acquisition
PARENT TRACT BEFORE THE TAKING
Current Use: Vacant Estates (E) zoned land.
Legal Description: Tract 110, Golden Gate Estates, Unit No. 75, according to the
plat thereof recorded in Plat Book 5, Pages 11 and 12 of the
Public Records of Collier County, Florida.
Tax Identification: 40578520001
Land Area: Total: 5.0000 acres; 217,800 square feet
Shape: The site is roughly rectangular.
Flood Zone: Zone AH and X
Zoning: E - Estates
Highest and Best Use
As Vacant
Single-family residential development
VALUE INDICATIONS BEFORE THE TAKING
Land Value: $325,000
Improvements: $0
Total Market Value of Parent Tract: $325,000
Effective Date(s) May 3, 2024
Property Rights Fee Simple
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Page 2251 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 2
PART TAKEN
Identification: Parcel No. 1375 FEE
Intended Use of the Proposed
Acquisition:
The intended use of the proposed acquisition area is for
the extension of Vanderbilt Beach Road.
Description: 100 foot wide strip along the southern (rear) property
line.
Land Area: Total: 0.75758 acres; 33,000 square feet
Shape: Rectangular
Approximate Dimensions: 100' x 330'
Proposed Improvements Taken: The part taken is heavily wooded with natural vegetation.
There are no improvements taken.
VALUE INDICATIONS PROPOSED PROPERTY RIGHTS AND IMPROVEMENTS TAKEN
Property Rights Taken: $49,200
Improvements Taken: $0
Total: $49,200
Effective Date(s) May 3, 2024
VALUE INDICATIONS REMAINDER PROPERTY, AS PART OF THE WHOLE
Market Value of the Parent Tract, Before the Taking: $325,000
Less Market Value of the Proposed Part Taken: $49,200
Total Market Value of the Remainder Property, As Part of the Whole: $275,800
Effective Date(s) May 3, 2024
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Page 2252 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 3
REMAINDER PROPERTY, AFTER THE TAKING
Land Area: Total: 4.24242 acres; 184,800 square feet
Shape: The site is roughly rectangular.
Improvements: The remainder parcel is undeveloped and vegetated.
Existing Easements and
Encumbrances:
The parent tract is encumbered by a 30-foot-wide road
right-of-way easement along the northern property line
bordering the property's frontage to 12th Ave NE. We are
not aware of any other easement, restrictions, or
encumbrances that would adversely affect value.
However, a current title report was not provided for the
purpose of this appraisal.
Proposed Acquisition: A fee simple acquisition of 33,000 square feet consisting
of a 100 foot wide strip along the southern (rear) property
line.
Highest and Best Use
As Vacant
Single-family residential development
VALUE INDICATIONS REMAINDER PROPERTY, AFTER THE TAKING
Land Value: $206,800
Improvement Value: $0
Total Market Value of Reminder Property: $206,800
Effective Date(s) May 3, 2024
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Page 2253 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 4
Net Cost to Cure: $0
Special Benefits: $0
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Value of the Whole $325,000
Less Value of the Part Taken $49,200
Value of the Remainder Property as Part of the Whole $275,800
Value of the Remainder Property as Severed $206,800
Difference (Severance Damages)$69,000
Special Benefits $0
Net Damages $69,000
Severance Damages to the Remainder Property
Indicated Value
per Acre Acres Indicated Value Rounded
Value Total Value
Parent Tract Before the Taking
Land $65,000 5.00000 $325,000 $325,000
Improvements $0
Total $325,000
Proposed Part Taken - (Parcel No. 1375 FEE)
Parcel No. 1375 FEE $65,000 0.75758 $49,242 $49,200
Improvements Taken $0
Total Part Taken $49,200
Remainder Property, as Part of the Whole $275,800
Remainder Property
Land Area $48,750 4.24242 $206,818 $206,800
Improvements $0
Total $206,800
Damages $69,000
Special Benefits $0
Net Damages $69,000
Parcel No. 1375 FEE $65,000 0.75758 $49,242 $49,200
Value of Improvements Taken $0
Total $49,200
Net Damages $69,000
Net Cost to Cure $0
Total Amount Due Owner $118,200
Vanderbilt Beach Road Extension Phase II
Summary of Total Compensation
Page 2254 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II INTRODUCTION INFORMATION
Page 5
INTRODUCTION INFORMATION
SUBJECT IDENTIFICATION
Subject:
Vanderbilt Beach Road Extension Phase II
12th Avenue NE, Naples,
Collier County, Florida, 34120
Legal Description: Tract 110, Golden Gate Estates, Unit No. 75, according
to the plat thereof recorded in Plat Book 5, Pages 11 and
12 of the Public Records of Collier County, Florida.
Tax Identification: 40578520001
The parent tract consists of a vacant parcel of land containing a total of 5.00 acres, or
217,800 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
CURRENT OWNERSHIP AND PROPERTY HISTORY
Owner
The owner of the property is Gay Leonard.
Sale History
According to public records, the subject has not sold in an arm’s length transaction in the
last three years.
Current Listing/Contract(s):
The subject is not currently listed for sale, or under contract.
To the best of our knowledge, no other sale or transfer of ownership has occurred within
the past three years, and as of the effective date of this appraisal, the property is not
subject to an agreement of sale or option to buy, nor is it listed for sale.
APPRAISAL SCOPE
According to the Uniform Standards of Professional Appraisal Practice, it is the
appraiser’s responsibility to develop and report a scope of work that r esults in credible
results that are appropriate for the appraisal problem and intended user(s). Therefore, the
appraiser must identify and consider:
● the client and any other intended users;
● the intended use of the appraiser’s opinions and conclusions;
● the type and definition of value;
● the effective date of the appraiser’s opinions and conclusions;
● subject of the assignment and its relevant characteristics
● assignment conditions
● the expectations of parties who are regularly intended users for similar
assignments; and
Page 2255 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II INTRODUCTION INFORMATION
Page 6
● what an appraiser’s peer’s actions would be in performing the same or a similar
assignment.
CLIENT, INTENDED USER, AND INTENDED USE
The client and the intended user of the appraisal are Collier County Transportation
Engineering Division, Right of Way Acquisition. The intended use is as a basis of value
for determining full compensation to the property owner for the loss of the real estate
resulting from the property rights and improvements (if any) which are proposed to be
acquired, including all diminution in value to the remainder land and improvements (if
any) which can be attributed to the use of, or activity upon, the proposed Fee S imple
Acquisition area. The appraisal is not intended for any other use or user.
DEFINITION OF MARKET VALUE
The following market value definition is found in Florida case law, (Florida State Road
Dept. v. Stack, 231 So.2d 859 Fla., 1st DCA 1969).
“Value, as used in eminent domain statute, ordinarily means amount which would be
paid for property on assessing date to willing seller not compelled to sell, by willing
purchaser, not compelled to purchase, taking into consideration all uses to which
property is adapted and might reasonably be applied.”
DEFINITION OF JUST COMPENSATION
Just Compensation is defined by The Dictionary of Real Estate Appraisal, 7th ed.
(Chicago: Appraisal Institute, 2022) as:
“In condemnation, the amount of loss for which a property owner is compensated
when his or her property is taken. Just compensation should put the owner in as good a
position pecuniarily as he or she would be if the property had not been taken.
DEFINITION OF PROPERTY RIGHTS APPRAISED
Fee simple estate is defined as an: “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.” (Source: The Dictionary of Real
Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022)
PURPOSE OF APPRAISAL, PROPERTY RIGHTS APPRAISED, AND DATES
The purpose of the appraisal is to estimate the market value of the fee simple interest in
the parent tract before and after the proposed acquisition. The effective date of the subject
appraisal is May 3, 2024. The date of the most recent inspection was May 3, 2024. The
date of the report is June 10, 2024.
SCOPE OF WORK
The problem to be solved is to estimate the market value of the fee simple interest in the
parent tract before and after the proposed acquisition.
Page 2256 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II INTRODUCTION INFORMATION
Page 7
SCOPE OF WORK
Report Type: This is an Appraisal Report as defined by Uniform
Standards of Professional Appraisal Practice under
Standards Rule 2-2(a). This format provides a summary or
description of the appraisal process, subject and market
data and valuation analyses.
Property Identification: The subject has been identified by the legal description and
the assessors' parcel number.
Inspection: An on-site inspection was made by Rachel M. Zucchi on
April 18, 2024 and May 3, 2024. An on-site inspection was
also made by Asher A. Williams, Professional Wetland
Scientist with Tropical Environmental Consultants on April
20, 2024. A letter to the property owner advising of the
inspection is included in the addenda of the appraisal. Scott
Leonard, the property owner's son and owner of the
adjacent property, attended the inspection.
Market Area and Analysis of
Market Conditions:
A complete analysis of market conditions has been made.
The appraiser maintains and has access to comprehensive
databases for this market area and has reviewed the market
for sales and listings relevant to this analysis.
Highest and Best Use Analysis:
A complete as vacant highest and best use analysis for the
subject has been made. Physically possible, legally
permissible, and financially feasible uses were considered,
and the maximally productive use was concluded.
Valuation Analyses
Cost Approach:
A cost approach was not applied as the subject tract is
vacant land.
Sales Comparison Approach:
A sales approach was applied as typically this is the most
appropriate approach for the valuation of vacant land. This
approach is applicable to the subject because there is an
active market for similar properties and sufficient sales data
is available for analysis.
Income Approach:
An income approach was not applied as the subject is not
likely to generate rental income as vacant land.
Hypothetical Conditions:
It is a hypothetical condition the proposed acquisition and
the proposed roadway improvements have been completed
as of the effective date of the appraisal.
Extraordinary Assumptions: None.
Comments
The individual sections of the report detail the additional research, confirmation, and
analysis of relevant data.
Page 2257 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II MARKET AREA ANALYSIS
Page 8
MARKET AREA ANALYSIS
Boundaries
The subject is located in the north central part of Collier County in the northwestern
portion of the Collier County Rural Estates Planning Community.
This surrounding area is generally delineated as follows:
North Immokalee and Oil Well Roads
South Interstate 75 (Alligator Alley)
East Desoto Blvd.
West Generally County Road 951
The subject is located in Golden Gate Estates which generally consists of single family
homes on acreage parcels.
Market Area Access and Linkages
Primary access to the area is provided by Interstate 75 (I -75), a major arterial that runs
east to Fort Lauderdale and north through Tampa, Florida; I -75 terminates to the north at
the US/Canadian Border in Sault Ste. Marie, Michigan. Further access to the area from
Interstate75 is by:
• State Road 29 (I-75 exit 80) at Miles City.
• County Highway 846 (Immokalee Road, I-75 exit 111).
• Golden Gate Boulevard
Overall, vehicular access is average.
Collier Boulevard extends from Immokalee Road to the north and Marco Island to the
south. Golden Gate Boulevard West intersects with Collier Boulevard between
Vanderbilt Beach Road and Pine Ridge Road. Golden Gate Boulevard West becomes
Golden Gate Boulevard East, east of the Wilson Boulevard N. Wilson Boulevard N and
Everglades Boulevard N provide access to Immokalee Road from the market area.
Desoto Boulevard N provides access to Randall Blvd and Oil Well Rd, both of which
connect to Immokalee Road.
The Southwest Florida International Airport (RSW) is located about 25+/- miles from the
market area; travel time is about 35 to 45 minutes, depending on traffic conditions. The
Naples Municipal Airport (APF) is approximately 15+/- miles and 30 to 40 minutes
southwest. Downtown Naples is approximately 20+/- miles from the market area and 30
to 40 minutes southwest.
Page 2258 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II MARKET AREA ANALYSIS
Page 9
Major Employers
Major employers in the area include the new NCH Healthcare Northeast located at the
northeast quadrant of Immokalee Road and Collier Blvd (CR 951). The freestanding
Emergency Room opened in late 2015 and is the first free standing ER facility in Collier
County. The two-story building has 19 private patient care room with 75 full-time
employees. The complex includes a small rehabilitation center on the ground floor with a
separate entrance from the emergency room and the second floor has physician offices.
Other employers include the Heritage Bay Government Center, immediately north of
NCH Northeast, commercial development within Founders Square, a 55-acre mixed-use
development located on the southeast corner of Immokalee Road and Collier Boulevard,
and commercial development at Randall Boulevard and Immokalee Road.
Demographics / Demand Generators
The following table shows the historical, current and projected population, households,
housing, and income demographics for the immediate market area defined as a 3 mile
radius of the market area. The table was developed using data from STDBOnline.com.
Development Activity and Trends
The Davis Group, a commercial developer based in Atlanta, commenced development on
The Randall at Orangetree, mixed used planned development approved with up to 400
residential units and 150,000 square feet of commercial space at the northeastern corner
Page 2259 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II MARKET AREA ANALYSIS
Page 10
of Immokalee Road and Fourth Street N.E., Randall Curve area in mid 2022. The
development will include an Aldi grocery store, Ace Hardware, NCH Healthcare, Self
Storage, McDonalds, AutoZone, and Brickyard Car Wash.
Barron Collier Companies and Metro Development Group developed Founders Square, a
55-acre mixed-use development located on the southeast corner of Immokalee Road and
Collier Boulevard 2021. The development is anchored by The Pointe, a collection of 10
separate restaurants and other retail tenants. It also includes a 400-unit Class A apartment
community, known as The Haldeman; Physicians Regional Medical Group; and
StorQuest Self Storage.
A new Collier County government center located along the east side of Collier Blvd
within the northeast corner of Immokalee Road and Collier Blvd opened in early 2022.
The first phase of the Heritage Bay Government Center includes a 22,750 square foot
government services building on 7.7 acres the county owns immediately north of NCH
Northeast. The county tax collector’s office has the largest space in the one-story
building, but satellite offices also will be provided for the property appraiser, supervisor
of elections and select services of the clerk of courts.
As discussed, the new NCH Healthcare Northeast located at the northeast quadrant of
Immokalee Road and Collier Blvd (CR 951) opened in late 2015 and is the first free
standing ER facility in Collier County. The two-story building consists of approximately
41,500± square feet.
Watercrest Naples Assisted Living and Memory Care, a new 128-unit luxury senior
living community opened in 2019 on the north side of Immokalee Road east of Collier
Boulevard.
A 46,000 square foot Publix opened in March 2017 at the corner of Immokalee Road and
Randall Boulevard. The Neighborhood Shoppes at Orangetree development includes a
CVS pharmacy, Publix Liquors store, China Palace restaurant, and Diamond Nails salon.
Residential growth continues to shift east with Ave Maria now the top-selling single-
family residential community in Collier County. The Immokalee Road corridor between
Naples and Ave Maria is projected to see thousands of new homes developed in the next
few years.
Outlook and Conclusions
As with the overall Collier County market, the long term economic outlook for Rural
Estates is positive. Total population is projected to increase slightly over the next five
years and begin a more normalized pattern thereafter.
Prior to the coronavirus pandemic, the residential market had stabilized after several
years of an expansion period, with sustained growth in demand and increasing
construction. Since the coronavirus pandemic, residential demand increased significantly
with record sales in 2020 and continued high demand but limited inventory in 2021 and
2022. Inventory increased in 2023 and 2024 YTD as demand declined due to continued
Page 2260 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II
Page 11
increases in interest rates. Prices continue to increase; however, the rate of increase is
declining.
Market Area Map
Page 2261 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 12
PROPERTY DESCRIPTION AND ANALYSIS
SITE ANALYSIS - PARENT TRACT
The following description is based on our property inspection, public records, and a
sketch and description of the proposed taking dated April 2024 prepared by RWA
Engineering.
SITE
Location: The subject is located along the south side of 12th Avenue NE, west
of Everglades Blvd N in Golden Gate Estates.
Current Use of the Property: Vacant Estates (E) zoned land.
Shape: The site is roughly rectangular.
Road Frontage/Access:
The subject property has average access with frontage as follows:
• 12th Avenue NE: 330 feet
The site has an average depth of 660 feet. It is not a corner lot.
Visibility: Average
Topography: According to the Informal Wetland Determination dated April 20,
2024 prepared by Tropical Environmental Consultants (TEC), the
site consists of 0.90 acres (18%) wetlands located in the rear of the
site. According to the TEC report, there is sufficient space for the
location of a single-family residence without wetland impacts.
Provided the wetlands are avoided, there will be no need for
environmental resource permitting.
Soil Conditions: According to the Informal Wetland Determination dated April 20,
2024 prepared by Tropical Environmental Consultants, the soil
conditions at the subject are typical of the region and adequate to
support development.
Utilities:
Electricity: FP&L
Sewer: Septic required
Water: Well required
Underground Utilities: The site is not serviced by underground
utilities
Adequacy: The subject's utilities are typical and adequate for the
market area.
Site Improvements: • Street Lighting: There is no street lighting.
• Sidewalks: There are no sidewalks.
• Curbs and Gutters: There are drainage swales along each side of
12th Avenue NE.
• Curb Cuts: The subject currently has no driveway.
• Landscaping: The subject is heavily treed.
Flood Zone: The subject is located in an area mapped by the Federal Emergency
Land Summary - Parent Tract Before Taking
Parcel ID Gross Land Area
(Acres)
Gross Land Area
(Sq Ft)
40578520001 5.0000 217,800
Page 2262 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 13
Management Agency (FEMA). The subject is located in FEMA
flood zone AH and X. Zone AH is classified as a flood hazard area.
FEMA Map Number: 12021C 0240H
FEMA Map Date: May 16, 2012
The subject is partially in a flood zone. The appraiser is not an expert
in this matter and is reporting data from FEMA maps.
Environmental Issues: Aside from the Informal Wetland Determination dated April 20,
2024 prepared by Tropical Environmental Consultants, we were not
provided with an environmental assessment report for the purpose of
this appraisal.
Encumbrance / Easements: The parent tract is encumbered by a 30-foot-wide road right-of-way
easement along the northern property line bordering the property's
frontage to 12th Ave NE. We are not aware of any other easement,
restrictions, or encumbrances that would adversely affect value.
However, a current title report was not provided for the purpose of
this appraisal.
Site Comments: According to the Informal Wetland Determination dated April 20,
2024 prepared by Tropical Environmental Consultants (TEC), the
site consists of 0.90 acres (18%) wetlands located in the rear of the
site. According to the TEC report, there is sufficient space for the
location of a single-family residence without wetland impacts.
Provided the wetlands are avoided, there will be no need for
environmental resource permitting.
ZONING
Zoning Code E
Zoning Authority Collier County
Zoning Description Estates; The purpose and intent of the estates 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 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.
Permitted Uses Includes single-family dwellings, family care facilities
(subject to section 5.05.04), essential services (as set forth
in section 2.01.03), and schools, public, including
educational plants.
Current Use Legally Conforming The subject is legal and conforming use.
Minimum Lot Area (SF) 2.25 acres
Minimum Floor Area (SF) 1,000
Minimum Street Frontage (Feet) 150
Front Set Back Distance (Feet) 75
Rear Set Back Distance (Feet) 75
Side Yard Distance (Feet) 30 feet; 37.5 feet for corner lots along longest side
Maximum Density/FAR One dwelling units per 2.25 acres
Page 2263 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 14
Maximum Building Height (Feet) 30
Future Land Use Designation Estates Designation - Residential Estates Subdistrict
Aerial - Parent Tract
Page 2264 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 15
Plat Map - Parent Tract
Approximate boundary lines of parent tract shown in blue.
Page 2265 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 16
Upland-Wetland Determination Map
Page 2266 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SITE ANALYSIS - PARENT TRACT
Page 17
Site Photographs
12th Avenue NE – Westerly
(Photo Taken on April 18, 2024)
12th Avenue NE – Easterly
(Photo Taken on April 18, 2024)
Page 2267 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II
Page 18
Site Photographs
Typical Parent Site View – Southerly
(Photo Taken on April 18, 2024)
Typical Parent Site View
(Photo Taken on April 18, 2024)
Page 2268 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II
Page 19
Site Photographs
Typical Part Taken View
(Photo Taken on April 18, 2024)
Page 2269 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II REAL ESTATE TAXES AND ASSESSMENTS
Page 20
REAL ESTATE TAXES AND ASSESSMENTS
The real estate tax assessment of the subject is administered by Collier County. In 2008,
Florida voters amended the Constitution to give non-homestead property owners some
protection against increases in their annual property tax assessments. As amended, the
Florida Constitution now prohibits the assessment of certain non-homestead property
from increasing by more than 10% per year. The 10% cap applies to most types of
commercial property, including non-homestead residential property (i.e. apartments and
other rental property) and nonresidential property (i.e. commercial property and vacant
land). The cap was set to expire on January 1, 2019; however, in November 2018 Florida
voters amended the Constitution to make the cap permanent. The protection of the 10%
cap is lost when there is a change of ownership or control.
The property tax identification number and assessed value of the property for tax year
2023 are as follows:
ASSESSED VALUES
Tax Identification Number 40578520001
Land Assessed Value $162,500
Building Assessed Value $0
10% Assessment Cap -$98,953
Capped Assessed Value $63,547
Rates, Taxes, More
Tax Rate 1.92%
Ad Valorem Tax Amount $1,223
Special Assessment Amount $0
Special Assessment Comments None
Total Tax Liability $1,223
Property Tax Comments The 2022 and 2023 taxes have been paid. The
School Board millage is applied to the uncapped
assessed value.
The tax assessment for subject property is currently $12,709 per acre, or $32,500 per
acre excluding the assessment cap. Based on our valuation analysis, the subject’s
assessment appears reasonable.
Page 2270 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II HIGHEST AND BEST USE
Page 21
HIGHEST AND BEST USE
Highest and best use may be defined as:
The reasonably probable use of property 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. 1
▪ Physically possible for the land to accommodate the size and shape of the
ideal improvement.
▪ Legally permissible under the zoning regulations, building codes,
environmental regulations, and other restrictions that apply to the site. A
property use that is either currently allowed or most probably allowable.
▪ Financially feasible to generate sufficient income to support the use.
▪ Maximally productive, or capable of producing the highest value from
among the permissible, possible, and financially feasible uses.
Highest and Best Use As If Vacant
Physically Possible
The parent tract is 5.0000 acres or 217,800 square feet with 330 feet of frontage along
12th Avenue NE. The parent tract is encumbered by a 30-foot-wide road right-of-way
easement along the northern property line bordering the property's frontage to 12th Ave
NE. We are not aware of any other easement, restrictions, or encumbrances that would
adversely affect value. However, a current title report was not provided for the purpose of
this appraisal.
According to the Informal Wetland Determination dated April 20, 2024 prepared by
Tropical Environmental Consultants (TEC), the site consists of 0.90 acres (18%)
wetlands located in the rear of the site. According to the TEC report, there is sufficient
space for the location of a single-family residence without wetland impacts. Provided the
wetlands are avoided, there will be no need for environmental resource permitting.
The physical characteristics of the subject tract should reasonably accommodate any use
that is not restricted by its size.
Aside from the wetlands, there are no known physical reasons that would unusually
restrict development. The site is considered to have a functional utility suitable for a
variety of uses.
Legally Permissible
The subject site is zoned Estates (E), which permits uses that include single-family
dwellings, family care facilities (subject to section 5.05.04), essential services (as set
forth in section 2.01.03), and schools, public, including educational plants. Recognizing
1 The Dictionary of Real Estate Appraisal 7th ed. (Chicago: Appraisal Institute, 2022)
Page 2271 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II HIGHEST AND BEST USE
Page 22
the principle of conformity, we consider the prevailing land use patterns in the area.
Therefore, only single-family uses are given further consideration in determining the
highest and best use of the site, as if vacant.
Financially Feasible
Financial feasibility is an analysis of the ability of a property to generate sufficient
income to support the use, or a reasonable probability of producing a positive income
stream net of operating expenses, financial costs, and capital amortization.
The projected growth in population and employment provide an economic base that
supports demand for real estate in the subject neighborhood and for the subject property.
These conditions have resulted in increasing property values and should stimulate
continued increases within the foreseeable future. Prior to the coronavirus pandemic, the
residential market had stabilized after several years of an expansion period, with
sustained growth in demand and increasing construction. Since the coronavirus
pandemic, residential demand increased significantly with record sales in 2020 and
continued high demand but limited inventory in 2021 and 2022. Inventory increased in
2023 and 2024 YTD as demand declined due to continued increases in interest rates.
Prices continue to increase; however, the rate of increase is declining.
On this basis, barring unforeseen changes in the market, if developed with a well -
designed residential product that is appropriately marketed and priced, should be received
favorably by the market.
Maximally Productive
The maximally productive land use yields the highest value of the possible uses. Single-
family residential development is the only use that meets the tests of physically possible,
legally permissible, and financially feasible. Therefore, single-family residential
development is concluded to be the maximally productive and highest and best use of the
site.
Highest and Best Use as Improved
No improvements are situated on the site. Therefore, a highest and best analysis as
improved is not applicable.
Most Probable Buyer
Considering the size, class, and location of the property, the most probable buyer is an
owner-user.
Page 2272 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II VALUATION METHODOLOGY
Page 23
VALUATION METHODOLOGY
Three basic approaches may be used to arrive at an estimate of market value. They are:
1. The Cost Approach
2. The Sales Comparison Approach
3. The Income Approach
Cost Approach
The Cost Approach estimates the current cost to construct the existing structure including
an entrepreneurial incentive, depreciation, and the estimated land value. This approach is
particularly applicable when the improvements represent the highest and best use of the
land and are relatively new. It is also applicable when the property has unique or
specialized improvements for which there is little or no sales data from comparable
properties.
Sales Comparison Approach
The Sales Comparison Approach compares sales of similar properties with the subject
property. Each comparable sale is adjusted for its inferior or superior characteristics. The
values derived from the adjusted comparable sales form a range of value for the subject.
By process of correlation and analysis, a final indicated value is derived. This approach is
most reliable in an active market, and is least reliable when valuing a property for which
no direct comparable sales data is available.
Income Approach
The Income Approach converts the anticipated flow of future benefits (cash flows and
reversion) to a present value estimate through a capitalization and or a discounting
process. This approach generally reflects a typical investor’s perception of the
relationship between the potential income of a property and its market value.
Final Reconciliation
The appraisal process concludes with the Final Reconciliation of the values derived from
the approaches applied for a single estimate of market value. The reconciliation of the
approaches is based on an evaluation of the quantity and quality of the available data in
each approach. Furthermore, different properties require different means of analysis and
lend themselves to one approach over the others.
Page 2273 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II VALUATION METHODOLOGY
Page 24
ANALYSES APPLIED
A cost analysis was considered and was not developed because the subject tract is vacant
land.
A sales comparison analysis was considered and was developed because typically this is
the most appropriate approach for the valuation of vacant land. This approach is
applicable to the subject because there is an active market for similar properties and
sufficient sales data is available for analysis.
An income analysis was considered and was not developed because the subject is not
likely to generate rental income as vacant land.
Page 2274 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 25
LAND VALUE
The subject’s land value has been developed via the sales comparison approach.
Sales Comparison Approach – Land Valuation
The Sales Comparison Approach is based on the premise that a buyer would pay no more
for a specific property than the cost of obtaining a property with the same quality, utility,
and perceived benefits of ownership. It is based on the principles of supply and demand,
balance, substitution and externalities. The following steps describe the applied process
of the Sales Comparison Approach.
• The market in which the subject property competes is investigated; comparable
sales, contracts for sale and current offerings are reviewed.
• The most pertinent data is further analyzed and the quality of the transaction is
determined.
• The most meaningful unit of value for the subject property is determined.
• Each comparable sale is analyzed and where appropriate, adjusted to equate with
the subject property.
• The value indication of each comparable sale is analyzed and the data reconciled
for a final indication of value via the Sales Comparison Approach.
Land Comparables
I have researched five comparables for this analysis; these are documented on the
following pages followed by a location map and analysis grid. All sales have been
researched through numerous sources, inspected and verified by a party to the
transaction. For this analysis, we use the price per acre as the appropriate unit of
comparison because market participants typically compare sale prices and property
values on this basis.
Page 2275 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 26
Comparables Map
Comp Address Date Price
Comp City Acres Price Per Acre
Subject 12th Avenue NE 5/3/2024
Subject Naples 5.00
1 SS 8th Ave NE 3/7/2024 $320,000
1 Naples 5.00 $64,000
2 Everglades Blvd & 6th Ave NE 4/25/2024 $250,000
2 Naples 5.15 $48,529
3 4132-4144 10th Ave NE 11/29/2023 $300,000
3 Naples 5.00 $60,000
4 2020 20th AVE NE 4/19/2024 $210,000
4 Naples 2.73 $77,000
5 14th ST NE 3/11/2024 $225,000
5 Naples 2.73 $82,500
Heavily treed parcel located along the south side of 20th Ave NE. There is 0.25 acres of
wetlands according to Informal Wetland Determination dated August 16, 2021 prepared
by Tropical Environmental Consultants (TEC). According to TEC, the wetlands are
located along the eastern border near the center of the site and there is sufficient space
for the location of a single-family home without wetland impacts. Construction within a 25'
buffer of the wetlands would require a verification of exemption through the DEP. Parcel
was puchased in March 2022 for $155,000 and listed in April 2024 for $220,000.
Heavily treed parcel located along the west side of 14th St NE. No Informal Wetland
Determination on file. Listing agent reported the site was uplands. FDEP map shows
freshwater forested/shrub wetland in rear of site. Parcel was listed in January 2023 for
$299,000 and reduced multiple times, finally to $248,900 in December 2023.
Sale Comments
Heavily treed parcel located at the northeast corner of 6th Ave NE and Everglades Blvd
N. According to Informal Wetland Determination dated March 1, 2023 prepared by
Wetland Consultants the site has 2.99 acres of wetlands (58%) located along the northern
border and eastern (rear) portion of the lot.
Treed parcel located along the south side of 8th Ave NE. Parcel is located within a slash-
pine dominated flatwoods forest and is entirely uplands according to Informal Wetland
Determination dated January 25, 2024 prepared by Tropical Environmental Consultants.
Parcel was listed in February 2024 for $350,000.
Treed parcel located along the south side of 10th Ave NE. Parcel is entirely uplands
according to Informal Wetland Determination dated August 9, 2022 prepared by Tropical
Environmental Consultants. Parcel was listed in April 2023 for $375,000. Buyer has since
split the lot into two 2.50 acre parcels and is building two single-family homes.
Page 2276 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 27
Analysis Grid
The above sales have been analyzed and compared with the subject property. I have
considered adjustments in the areas of:
Effective Sale Price
This takes into consideration unusual conditions involved in the
sale that could affect the sales price, such as excess land, non-
realty components, commissions, or other similar factors.
Usually the sale price is adjusted for this prior to comparison to
the subject.
Real Property Rights Property rights dissimilar to the subject which affect value.
Financing Terms
Favorable or unfavorable seller financing, or assumption of
existing financing.
Conditions of Sale
Circumstances that atypically motivate the buyer or seller, such
as 1031 exchange transaction, assemblage, or forced sale.
Market Conditions Inflation or deflation since sale date due to economic influences
Location Market or submarket area influences on sale price; surrounding
land use influences.
Physical Characteristics Attributes such as size, shape, utilities, frontage, zoning, etc.
On the following page is a sales comparison grid displaying the subject property, the
comparables and the adjustments applied.
Page 2277 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 28
Name
Address
City
Date
Price
Acres
Acre Unit Price
Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%
Financing Cash 0.0%Conventional 0.0%Cash 0.0%Cash 0.0%Cash 0.0%
Conditions of Sale Arm's length 0.0%Arm's length 0.0%Arm's length 0.0%Arm's length 0.0%Arm's length 0.0%
Market Trends Through 5/3/2024 5.0%
Location
% Adjustment
$ Adjustment
Acres
Frontage / Depth
% Adjustment
$ Adjustment
Topography / Wetlands
% Adjustment
$ Adjustment
Zoning
% Adjustment
$ Adjustment
Net Adjustments
Gross Adjustments
330 x 660 330' x 660'330' x 680'330' x 660'180' x 660'180' x 660'
0.0%
$83,087
0.0%
$58,298
0.0%
0.0%
0%0%
$64,489 $77,144$61,264
0%
$0
2.1%
$0
E - Estates
0%
0%
Vegetation / Possible
Wetlands (rear)
$0
0.0%
0.0%0.0%
20.0%
Adjusted Acre Unit Price
E - Estates
$0
0%
$0
Vegetation / 18% Wetlands
(side)
5.15
$0
0%
$0
5.00
$0
0%
0.8%
$0
5.00
0%
Similar
0.1%
$48,581
0%
Adjusted Acre Unit Price $64,489
Average Similar
$48,529
Fee Simple
Transaction Adjustments
Adjusted Acre Unit Price $64,000 $60,000
Naples
12th Avenue NE Everglades Blvd & 6th
Ave NE
NaplesNaples
$60,000
5.00
4132-4144 10th Ave NE
5.00
11/29/2023
$300,000$320,000
5.00
$64,000
5.15
Naples
SS 8th Ave NE Everglades Blvd & 6th
Ave NE
SS 8th Ave NE
Comp 2
$48,529
Vanderbilt Beach Road
Extension Phase II
Land Analysis Grid Comp 1 Comp 4
2020 20th AVE NE
Comp 5
4132-4144 10th Ave NE
Comp 3
Similar
0%
Vegetation / Uplands
$0
E - Estates E - Estates
$0
E - Estates
$61,264
5.00
Vegetation / Uplands
$0
0%
Naples
2.73
Similar
$0
0%
$0
Vegetation / 58%
Wetlands (rear)
$9,716
$0 $0
0%0%20%
E - Estates
2020 20th AVE NE
$77,000
0.2%
$225,000
14th ST NE
$210,000
Naples
4/19/2024
2.73
Vegetation / 9%
Wetlands (side/center)
2.73
0.7%
3/11/2024
14th ST NE
$82,500
$82,500
$77,000
2.73
0%
$83,087
Similar
0%
$0
$0
0%
$0
0.0%
4/25/20245/3/2024 3/7/2024
$250,000
20.0%
0%
$77,144
Page 2278 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 29
Comparable Land Sale Adjustments
Property Rights
All of the comparables transferred in fee simple interest; therefore, no adjustments for
property rights are required.
Financing
All of the comparable sales had market orientated financing or were cash transactions;
therefore, no adjustments for financing are required.
Conditions of Sale
All of the comparable sales were arm’s length transactions; therefore, no adjustments for
conditions of sale are required.
Economic Trends
According to the December 2023 year-end report released by the Naples Area Board of
Realtors (NABOR), overall Single-Family closed sales decreased by 11.1% in 2023 as
compared with 2022. The median closed price decreased 0.7% and the average closed
price decreased 3.3%.
According to the March 2024 report, the median closed price for single-family homes is
up 7.6% year-to-date while the average closed price is up 8.2% year-to-date.
The sales all occurred within the last approximately five months. Based on the preceding
analysis and considering underlying land will have a similar trend as single-family
homes, a 5.0% average annual adjustment is applied.
Location
The subject and the comparables are located in Golden Gate Estates. No adjustments for
location could be supported; therefore, none are made.
Size / Configuration
For this analysis, the comparables range in size from 2.73 to 5.15 acres in size. They
range from 180' x 660' to 330' x 680'. No adjustments for size could be supported;
therefore, none are made. The smaller sizes of Comparables 4 and 5 are considered in the
final reconciliation.
Topography / Wetlands
The subject and the comparables all have heavy vegetation. The subject and Comparables
1, 2, 3, and 4 all have Informal Wetland Determinations showing varying amounts of
wetlands. According to the Informal Wetland Determination dated April 20, 2024
prepared by Tropical Environmental Consultants (TEC), the subject site consists of 0.90
acres (18%) wetlands located in the rear of the site. According to the TEC report, there is
sufficient space for the location of a single-family residence without wetland impacts.
Page 2279 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 30
Provided the wetlands are avoided, there will be no need for environmental resource
permitting.
Comparables 1 and 3 both have Informal Wetland Determinations showing the sites are
entirely uplands. No adjustment could be supported; therefore, none are made.
The Informal Wetland Determination for Comparable 2 shows 2.99 acres of wetlands
(58%) located along the northern and eastern (rear) portion of the lot. There is sufficient
space for the location of the single-family home without wetland impacts. It is adjusted
upward for the high percentage of wetlands.
The Informal Wetland Determination for Comparable 4 shows 0.25 acres of wetlands
(9%) located along the eastern border near the center of the site. There is sufficient space
for the location of the single-family home without wetland impacts. No adjustment could
be supported; therefore, none is made.
No Informal Wetland Determination was on file for Comparable 5. The listing agent
reported the site was uplands. The FDEP GIS map for Comparable 5 shows freshwater
forested/shrub wetland in the back of the site. Assuming the FDEP GIS map is accurate,
there is sufficient space for development of a single-family residence without wetland
impacts. No adjustment could be supported; therefore, none is made.
Zoning
All of the comparables are relatively similar in terms of zoning; therefore, no adjustments
are required.
Sales Comparison Approach Conclusion – Land Valuation
All of the value indications have been considered. Based on the preceding analysis I
arrive at my final reconciled per acre value of $65,000.
Exposure and Marketing Times
Exposure time is always presumed to precede the effective date of the appraisal and is the
length of time the subject property would have been exposed for sale in the market had it
sold on the effective valuation date at the concluded market value. Marketing time is an
estimate of the amount of time it might take to sell a property at the estimated market
value immediately following the effective date of value.
5 % Δ
20.13%
0.71%
3.69%
Low:
Number of Comparables:Unadjusted Adjusted
$58,298
$83,087
$68,856
$82,500
$66,406
$48,529
Subject Size:
High:
Average:
Reconciled Final Value:
Reconciled Value/Unit Value:
Indicated Value:
$65,000
5.00
$325,000
$325,000
Land Value Ranges & Reconciled Values
Page 2280 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II LAND VALUE
Page 31
Based on our review of recent sales transactions for similar properties and our analysis of
supply and demand in the local retail market it is our opinion that the probable marketing
and exposure time for the parent tract is 6-12 months.
Page 2281 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II DESCRIPTION OF PART TAKEN
Page 32
VALUATION ANALYSIS OF PART TAKEN AND REMAINDER PROPERTY
DESCRIPTION OF PART TAKEN
Parcel No. 1375 FEE is a Fee Simple Acquisition for Phase II of the extension of
Vanderbilt Beach Road. Phase II extends from 16th Street NE to Everglades Boulevard,
approximately 2.00 miles. Plans for Phase II include a new two-lane roadway with a
footprint to allow for a four-lane roadway, or a six-lane roadway if required. Other
improvements include a new signalized intersection at Everglades Boulevard and new
bridge over Golden Gate Main Canal. There will be an 8-foot-high chain-link fence on
both sides of the new right-of-way line, concrete sidewalk, asphalt pathway, bike lanes,
and other related improvements.
The part taken consists of a 100 foot wide strip along the southern (rear) property line.
Land Area: 0.75758 acres; 33,000 square feet
Shape: Rectangular
Approximate Dimensions: 100' x 330'
Proposed Improvements Taken: The part taken is heavily wooded with natural vegetation.
There are no improvements taken.
Page 2282 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II DESCRIPTION OF PART TAKEN
Page 33
Aerial - Part Taken
Approximate boundary lines of part taken shown in blue.
Page 2283 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II DESCRIPTION OF PART TAKEN
Page 34
Sketch and Legal Description of Proposed Part Taken
Page 2284 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II VALUE ANALYSIS PROPOSED PROPERTY RIGHTS TAKEN
Page 35
VALUE ANALYSIS PROPOSED PROPERTY RIGHTS TAKEN
The market value of the fee simple interest of the parent tract was previously estimated
via the Sales Comparison Approach to have a unit value of $65,000 per gross acre. The
part taken is valued as part of the whole; therefore, this value will serve as a basis of
value for the valuation of the property rights taken.
As previously stated, Parcel No. 1375 FEE is a Fee Simple Acquisition for the extension
of Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard.
Fee simple estate is defined as an: “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.” (Source: The Dictionary of Real
Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022)
Therefore, Parcel No. 1375 FEE includes 100% of the fee simple value.
Value of Improvements Taken
The concluded value of the Land and Property Rights Taken is shown in the following
table. The part taken is heavily wooded with natural vegetation. There are no
improvements taken.
The valuation of the remainder property, as part of the whole is shown in the following
table.
VALUE INDICATIONS REMAINDER PROPERTY, AS PART OF THE WHOLE
Market Value of the Parent Tract, Before the Taking: $325,000
Less Market Value of the Proposed Part Taken: $49,200
Total Market Value of the Remainder Property, As Part of the Whole: $275,800
Effective Date(s) May 3, 2024
Indicated Value
per Acre Acres Indicated Value Rounded
Value Total Value
Proposed Part Taken - (Parcel No. 1375 FEE)
Parcel No. 1375 FEE $65,000 0.75758 $49,242 $49,200
Improvements Taken $0
Total $49,200
Value Indications Proposed Property Rights and Improvements Taken
Page 2285 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II DESCRIPTION OF REMAINDER PROPERTY AS SEVERED
Page 36
VALUATION ANALYSIS OF REMAINDER PROPERTY AS SEVERED
DESCRIPTION OF REMAINDER PROPERTY AS SEVERED
The remainder property will consist of 4.24242 acres or 184,800 square feet. The
remainder property will consist of a similar shape as before the taking, since the part
taken consists of a rectangular strip along the southern (rear) property line. The remainder
property’s overall access, easements, availability to utilities, topography, land use
designation, and zoning are unchanged.
REMAINDER PROPERTY, AFTER THE TAKING
Land Area: Total: 4.24242 acres; 184,800 square feet
Shape: The site is roughly rectangular.
Road Frontage/Access:
The remainder property has average access with frontage
as follows:
• 12th Avenue NE: 330 feet
The site has an average depth of approximately 560 feet.
It is not a corner lot.
Improvements: The remainder parcel is undeveloped and vegetated.
Proposed Acquisition: A fee simple acquisition of 33,000 square feet consisting
of a 100 foot wide strip along the southern (rear) property
line.
Highest and Best Use
As Vacant
Single-family residential development
VALUE ANALYSIS REMAINDER PROPERTY AS SEVERED
After the taking, the parent tract will have the same frontage of 330 feet with a reduced
depth of 560 feet. The remainder parcel will have new rear yard frontage along the
northerly right-of-way of the proposed Vanderbilt Beach Road Extension. There will be
an 8-foot-high chain-link fence on both sides of the new right-of-way line, concrete
sidewalk, asphalt pathway, bike lanes, and other related improvements. The remainder
parcel will not have vehicular access to Vanderbilt Beach Road Extension.
I conducted the following paired sales analysis of residential land sales (sale dates
ranging from December 2020 to August 2023) with rear yard frontage along Vanderbilt
Beach Road and Pine Ridge Road versus similar paired land sales (sale dates ranging
from September 2020 to May 2024) located nearby without busy road rear yard frontage.
Three active listings without busy road rear yard frontage were also included in the
August 2023 data set.
The sales were adjusted for time, size and wetlands. The active listings were also adjusted
for estimated negotiations based on the typical sale to list discounts.
Page 2286 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II VALUE ANALYSIS REMAINDER PROPERTY AS SEVERED
Page 37
The following table summarizes the findings.
As shown, the analysis indicates parcels without busy road rear yard frontage have land
values ranging from approximately 17% lower than sales with rear yard frontage along a
busy road to 72% higher than sales with rear yard frontage along a busy road. The
average difference of the three paired sales analyses ranged from approximately 23% to
28% higher than sales with rear yard frontage along a busy road. The overall average was
approximately 25% higher and the median was approximately 26% higher than sales with
rear yard frontage along a busy road.
Based on the preceding analysis, I conclude to a 25% diminution in value due to the
remainder property having new rear yard frontage along the proposed Vanderbilt Beach
Road Extension.
I previously estimated the fee simple market value of the parent tract at $65,000 per acre.
Therefore, I conclude to a final reconciled per acre value of $48,750 ($65,000 - $16,250)
for the remainder property.
MLS Parcel No.Address Rear Frontage Date Price Acres $/Acre Time Diff
(Mos.)
Timing
Adj
Time Adjusted
$/Acre
Listing
Adj Size Adj Wetland
Adj
Adjusted
$/Acre % Difference
223010497 36665280006 4221 7th Ave NW Vanderbilt Beach Rd 8/11/2023 $800,000 2.95 $271,186 N/A $271,186 $271,186
223058563 41826080001 5211 CORAL WOOD DR None 10/3/2023 $370,000 1.59 $232,704 1.77 0.74%$231,004 0.00%-20.00%20.00%$231,004 -14.82%
223010712 41829440004 5040 CHERRY WOOD DR None 4/14/2023 $580,000 2.81 $206,406 -3.97 1.65%$209,817 0.00%0.00%80.00%$377,671 39.27%
223047542 41829880004 CORAL WOOD DR None 12/22/2023 $560,000 1.59 $352,201 4.43 1.85%$345,813 0.00%-20.00%20.00%$345,813 27.52%
224033814 41822840009 5384 CORAL WOOD DR None 5/3/2024*$459,000 1.14 $402,632 8.87 3.69%$388,287 -3.00%-20.00%20.00%$376,638 38.89%
224038413 81740000143 4871 MAHOGANY RIDGE DR None 5/3/2024*$649,000 2.28 $284,649 8.87 3.69%$274,508 -10.00%0.00%80.00%$466,663 72.08%
223090949 38395600006 SYCAMORE DR None 5/3/2024*$800,000 2.26 $353,982 8.87 3.69%$341,371 -3.00%0.00%0.00%$331,129 22.10%
224032446 41828960006 5080 HICKORY WOOD DR None 5/15/2024 $601,000 2.73 $220,147 9.27 3.86%$211,962 0.00%0.00%50.00%$317,944 17.24%
223030664 25765000045 4751 1ST AVE SW None 6/6/2023 $662,500 3.07 $215,798 -2.20 0.92%$217,776 0.00%0.00%5.00%$228,665 -15.68%
223005914 38287900403 MAHOGANY RIDGE DR None 7/26/2023 $975,000 2.82 $345,745 -0.53 0.22%$346,513 0.00%0.00%0.00%$346,513 27.78%
*Asking price as of May 3, 2024 Average 23.82%
MLS Parcel No.Address Rear Frontage Date Price Acres $/Acre Time Diff
(Mos.)Timing Adj Time Adjusted
$/Acre Size Adj Wetland
Adj
Adjusted
$/Acre % Difference
221018607 38342840000 5665 Napa Woods Way Pine Ridge Rd 6/29/2021 $310,000 2.53 $122,530 N/A $122,530 $122,530
219078627 41829440004 5040 CHERRYWOOD DR None 6/14/2021 $290,000 2.81 $103,203 -0.50 1.25%$104,493 0%80%$188,087 53.50%
220070263 36660120103 4696 3RD AVE NW None 3/16/2021 $300,000 2.27 $132,159 -3.50 8.75%$143,722 0%0%$143,722 17.30%
220001337 36667140005 4106 3RD AVE NW None 4/9/2021 $300,000 2.50 $120,000 -2.70 6.75%$128,100 0%20%$153,720 25.46%
221025805 36664800102 4248 1ST AVE NW None 7/2/2021 $310,000 2.27 $136,564 0.10 0.25%$136,223 0%20%$163,468 33.41%
221052982 36665800101 4155 1ST AVE NW None 10/8/2021 $340,000 2.50 $136,000 3.37 8.42%$125,442 0%0%$125,442 2.38%
221054132 36610040107 4710 7TH AVE SW None 10/22/2021 $380,000 2.50 $152,000 3.83 9.58%$138,707 0%5%$145,643 18.86%
221039052 36664640003 4290 5TH AVE NW None 6/29/2021 $385,000 2.50 $154,000 0.00 0.00%$154,000 0%0%$154,000 25.68%
221059962 36613960103 7TH AVE SW None 10/19/2021 $450,000 2.58 $174,419 3.73 9.33%$159,529 0%0%$159,529 30.20%
221012721 81740000062 +
81740000143 4861 MAHOGANY RIDGE DR None 6/25/2021 $570,000 4.56 $125,000 -0.13 0.33%$125,417 20%20%$175,583 43.30%
221021386 36665800004 1ST AVE NW None 5/13/2021 $620,000 5.00 $124,000 -1.57 3.92%$128,857 20%0%$154,628 26.20%
Average 27.63%
MLS Parcel No.Address Rear Frontage Date Price Acres $/Acre Time Diff
(Mos.)Timing Adj Time Adjusted
$/Acre Size Adj Wetland
Adj
Adjusted
$/Acre % Difference
220007094 41823520001 5311 Cherry Wood Dr Vanderbilt Beach Road 12/15/2020 $245,000 3.46 $70,809 N/A $70,809 $70,809
220070263 36660120103 4696 3RD AVE NW None 3/16/2021 $300,000 2.27 $132,159 3.03 4.55%$126,407 0%-40%$75,844 7.11%
220056602 36665840103 4152 1ST AVE NW None 9/22/2020 $220,000 2.34 $94,017 -2.80 4.20%$97,966 0%-40%$58,779 -16.99%
220041452 41829480006 5042 CHERRY WOOD DR None 11/2/2020 $220,000 2.34 $94,017 -1.43 2.15%$96,038 0%0%$96,038 35.63%
217057116 56340000028 5381 MAHOGANY RIDGE DR None 11/6/2020 $425,000 2.58 $164,729 -1.30 1.95%$167,941 0%-30%$117,559 66.02%
220053016 38280280007 5567 TAMARIND RIDGE DR None 12/16/2020 $618,000 4.27 $144,731 0.03 0.05%$144,658 0%-40%$86,795 22.58%
220062316 38285680000 5043 PALMETTO WOODS DR None 2/12/2021 $435,000 2.73 $159,341 1.97 2.95%$154,775 0%-40%$92,865 31.15%
220079870 36663400105 4421 5TH AVE NW None 2/10/2021 $215,000 2.50 $86,000 1.90 2.85%$83,617 0%0%$83,617 18.09%
221007261 41821520003 430 LOGAN BLVD N None 2/19/2021 $130,000 1.17 $111,111 2.20 3.30%$107,562 -20%0%$86,049 21.52%
220067812 36664800102 4248 1ST AVE NW None 2/23/2021 $215,000 2.27 $94,714 2.33 3.50%$91,511 0%-5%$86,935 22.77%
Average 23.10%
MLS Parcel No.Address Date Sold Price Acres $/Acre Rear Frontage Min
Difference
Avg
Difference
Max
Difference Lanes
223010497 36665280006 4221 7th Ave NW 8/11/2023 $800,000 2.95 $271,186 Vanderbilt Beach Rd -15.68%23.82%72.08%Six-Lane
221018607 38342840000 5665 Napa Woods Way 6/29/2021 $310,000 2.53 $122,530 Pine Ridge Rd 2.38%27.63%53.50%Six-Lane
220007094 41823520001 5311 Cherry Wood Dr 12/16/2020 $245,000 3.46 $70,809 Vanderbilt Beach Rd -16.99%23.10%66.02%Six-Lane
Overall -16.99%24.95%72.08%
Page 2287 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II VALUE ANALYSIS REMAINDER PROPERTY AS SEVERED
Page 38
Value of Remainder Improvements
The part taken is heavily wooded with natural vegetation. There are no remainder
improvements.
The concluded value of the Remainder Property is shown in the following table.
Indicated Value
per Acre Acres Indicated Value Rounded
Value Total Value
Remainder Property
Land Area $48,750 4.24242 $206,818 $206,800
Improvements $0
Total $206,800
Value Indications Remainder Property, After the Taking
Page 2288 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SEVERANCE DAMAGES TO THE REMAINDER PROPERTY
Page 39
SEVERANCE DAMAGES TO THE REMAINDER PROPERTY
Severance damages are calculated as the negative difference between the value of the
remainder property, as part of the whole, and the value of the remainder property, as
severed. When the value of the remainder property, as severed, is less than the value of
the remainder property, as part of the whole, the difference is the actual measurement of
the damages to the remainder property. When the value of the remainder property, as
severed, is greater than the value of the remainder property, as part of the whole, the
difference is not damage but is considered a benefit. Severance damages are calculated in
the following table.
COST TO CURE ANALYSIS
Based on the analysis of the remainder property, there is no net cost to cure.
SPECIAL BENEFITS ANALYSIS
Based on the analysis of the remainder property, there are no special benefits.
Value of the Whole $325,000
Less Value of the Part Taken $49,200
Value of the Remainder Property as Part of the Whole $275,800
Value of the Remainder Property as Severed $206,800
Difference (Severance Damages)$69,000
Special Benefits $0
Net Damages $69,000
Severance Damages to the Remainder Property
Page 2289 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II SUMMARY AND CONCLUSION
Page 40
SUMMARY AND CONCLUSION
Based on the data and analyses developed in this appraisal, I have reconciled to the
following value conclusion(s), as of May 3, 2024, subject to the Limiting Conditions and
Assumptions of this appraisal.
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Indicated Value
per Acre Acres Indicated Value Rounded
Value Total Value
Parent Tract Before the Taking
Land $65,000 5.00000 $325,000 $325,000
Improvements $0
Total $325,000
Proposed Part Taken - (Parcel No. 1375 FEE)
Parcel No. 1375 FEE $65,000 0.75758 $49,242 $49,200
Improvements Taken $0
Total Part Taken $49,200
Remainder Property, as Part of the Whole $275,800
Remainder Property
Land Area $48,750 4.24242 $206,818 $206,800
Improvements $0
Total $206,800
Damages $69,000
Special Benefits $0
Net Damages $69,000
Parcel No. 1375 FEE $65,000 0.75758 $49,242 $49,200
Value of Improvements Taken $0
Total $49,200
Net Damages $69,000
Net Cost to Cure $0
Total Amount Due Owner $118,200
Vanderbilt Beach Road Extension Phase II
Summary of Total Compensation
Page 2290 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II CERTIFICATION
Page 41
CERTIFICATION
I certify that, to the best of my knowledge and belief:
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 my personal, unbiased professional
analyses, opinions and conclusions.
3. I have no present or prospective interest in the property that is the subject of this
report, and have no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
5. Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
6. Our 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.
7. 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.
8. My reported analyses, opinions, and conclusions were developed, and this report
has been prepared, in conformity with the Uniform Standards of Professional
Appraisal Practice
9. The use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
10. Rachel M. Zucchi, MAI, CCIM has made an inspection of the subject property.
11. No one provided significant real property appraisal assistance to the person signing
this certification.
12. We have experience in appraising properties similar to the subject and are in
compliance with the Competency Rule of USPAP.
Page 2291 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II CERTIFICATION
Page 42
13. This appraisal is not based on a requested minimum valuation, a specific valuation,
or the approval of a loan.
14. We have not relied on unsupported conclusions relating to characteristics such as
race, color, religion, national origin, gender, marital status, familial status, age,
receipt of public assistance income, handicap, or an unsupported conclusion that
homogeneity of such characteristics is necessary to maximize value.
15. Rachel M. Zucchi, MAI, CCIM has not performed any services, as an appraiser or
in any other capacity, regarding the property that is the subject of this report within
the three-year period immediately preceding acceptance of this assignment.
16. As of the date of this report, Rachel M. Zucchi, MAI, CCIM has completed the
continuing education program for Designated Members of the Appraisal Institute.
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
Page 2292 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ASSUMPTIONS AND LIMITING CONDITIONS
Page 43
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is based on the following assumptions, except as otherwise noted in the
report.
1. The title is marketable and free and clear of all liens, encumbrances,
encroachments, easements and restrictions. The property is under responsible
ownership and competent management and is available for its highest and best
use.
2. There are no existing judgments or pending or threatened litigation that could
affect the value of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements
that would render the property more or less valuable. Furthermore, there is no
asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale
price are in correct relation to the actual dollar amount of the transaction.
5. The property is in compliance with all applicable building, environmental, zoning,
and other federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is
given for its accuracy.
This appraisal is subject to the following limiting conditions, except as otherwise
noted in the report.
1. An appraisal is inherently subjective and represents our opinion as to the value of
the property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the
appraisal, and no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including,
without limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction
with this appraisal, and we reserve the right to revise or rescind any of the value
opinions based upon any subsequent environmental impact studies. If any
environmental impact statement is required by law, the appraisal assumes that
such statement will be favorable and will be approved by the appropriate
regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony,
respond to any subpoena or attend any court, governmental or other hearing with
reference to the property without compensation relative to such additional
employment.
6. We have made no survey of the property and assume no responsibility in
connection with such matters. Any sketch or survey of the property included in
this report is for illustrative purposes only and should not be considered to be
Page 2293 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ASSUMPTIONS AND LIMITING CONDITIONS
Page 44
scaled accurately for size. The appraisal covers the property as described in this
report, and the areas and dimensions set forth are assumed to be correct.
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if
any, and we have assumed that the property is not subject to surface entry for the
exploration or removal of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields.
Such considerations include, but are not limited to, legal descriptions and other
legal matters such as legal title, geologic considerations such as soils and seismic
stability, and civil, mechanical, electrical, structural and other engineering and
environmental matters.
9. The distribution of the total valuation in the 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. The appraisal
report shall be considered only in its entirety. No part of the appraisal report shall
be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraisers, or any reference to the Appraisal
Institute) shall be disseminated through advertising media, public relations media,
news media or any other means of communication (including without limitation
prospectuses, private offering memoranda and other offering material provided to
prospective investors) without the prior written consent of the person signing the
report.
11. Information, estimates and opinions contained in the report, obtained from third-
party sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only
for the purpose of estimating value and do not constitute predictions of future
operating results.
13. If the property is subject to one or more leases, any estimate of residual value
contained in the appraisal may be particularly affected by significant changes in
the condition of the economy, of the real estate industry, or of the appraised
property at the time these leases expire or otherwise terminate.
14. No consideration has been given to personal property located on the premises or
to the cost of moving or relocating such personal property; only the real property
has been considered.
15. The current purchasing power of the dollar is the basis for the value stated in our
appraisal; we have assumed that no extreme fluctuations in economic cycles will
occur.
16. The value found herein is subject to these and to any other assumptions or
conditions set forth in the body of this report but which may have been omitted
from this list of Assumptions and Limiting Conditions.
Page 2294 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ASSUMPTIONS AND LIMITING CONDITIONS
Page 45
17. The analyses contained in the report necessarily incorporate numerous estimates
and assumptions regarding property performance, general and local business and
economic conditions, the absence of material changes in the competitive
environment and other matters. Some estimates or assumptions, however,
inevitably will not materialize, and unanticipated events and circumstances may
occur; therefore, actual results achieved during the period covered by our analysis
will vary from our estimates, and the variations may be material.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992.
We have not made a specific survey or analysis of any property to determine
whether the physical aspects of the improvements meet the ADA accessibility
guidelines. In as much as compliance matches each owner’s financial ability with
the cost to cure the non-conforming physical characteristics of a property, we
cannot comment on compliance to ADA. Given that compliance can change with
each owner’s financial ability to cure non-accessibility, the value of the subject
does not consider possible non -compliance. A specific study of both the owner’s
financial ability and the cost to cure any deficiencies would be needed for the
Department of Justice to determine compliance.
19. The appraisal report is prepared for the exclusive benefit of the Client, its
subsidiaries and/or affiliates. It may not be used or relied upon by any other party.
All parties who use or rely upon any information in the report without our written
consent do so at their own risk.
20. No studies have been provided to us indicating the presence or absence of
hazardous materials on the subject property or in the improvements, and our
valuation is predicated upon the assumption that the subject property is free and
clear of any environment hazards including, without limitation, hazardous wastes,
toxic substances and mold. No representations or warranties are made regarding
the environmental condition of the subject property and the person signing the
report shall not be responsible for any such environmental conditions that do exist
or for any engineering or testing that might be required to discover whether such
conditions exist. Because we are not experts in the field of environmental
conditions, the appraisal report cannot be considered as an environmental
assessment of the subject property.
21. The person signing the report may have reviewed available flood maps and may
have noted in the appraisal report whether the subject property is located in an
identified Special Flood Hazard Area. We are not qualified to detect such areas
and therefore do not guarantee such determinations. The presence of flood plain
areas and/or wetlands may affect the value of the property, and the value
conclusion is predicated on the assumption that wetlands are non-existent or
minimal.
22. RKL Appraisal and Consulting, PLC is not a building or environmental inspector.
RKL Appraisal and Consulting, PLC does not guarantee that the subject property
is free of defects or environmental problems. Mold may be present in the subject
property and a professional inspection is recommended.
Page 2295 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ASSUMPTIONS AND LIMITING CONDITIONS
Page 46
23. The appraisal report and value conclusion for an appraisal assumes the
satisfactory completion of construction, repairs or alterations in a workmanlike
manner.
24. The intended use of the appraisal is stated in the General Information section of
the report. The use of the appraisal report by anyone other than the Client is
prohibited except as otherwise provided. Accordingly, the appraisal report is
addressed to and shall be solely for the Client’s use and benefit unless we provide
our prior written consent. We expressly reserve the unrestricted right to withhold
our consent to your disclosure of the appraisal report (or any part thereof
including, without limitation, conclusions of value and our identity), to any third
parties. Stated again for clarification, unless our prior written consent is obtained,
no third party may rely on the appraisal report (even if their reliance was
foreseeable).
25. All prospective value estimates presented in this report are estimates and forecasts
which are prospective in nature and are subject to considerable risk and
uncertainty. In addition to the contingencies noted in the preceding paragraph,
several events may occur that could substantially alter the outcome of our
estimates such as, but not limited to changes in the economy, interest rates, and
capitalization rates, behavior of consumers, investors and lenders, fire and other
physical destruction, changes in title or conveyances of easements and deed
restrictions, etc. It is assumed that conditions reasonably foreseeable at the present
time are consistent or similar with the future.
Page 2296 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDA - APPRAISER QUALIFICATIONS
ADDENDA
Page 2297 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM A - APPRAISER QUALIFICATIONS
ADDENDUM A
APPRAISER QUALIFICATIONS
Page 2298 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM A - APPRAISER QUALIFICATIONS
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
RKL Appraisal and Consulting, PLC
COMPANY PROFILE:
RKL Appraisal and Consulting, PLC was founded in 2009 by three designated Members
of the Appraisal Institute. It is our mission to maximize our combined appraisal
experience to provide our clients with the highest quality of Real Estate Appraisal and
Consulting Services.
Rachel M. Zucchi, MAI, CCIM K.C. Lowry, MAI, CPA Louis C. Bobbitt, MAI
Partner / Managing Director Partner Senior Partner (Retired)
rzucchi@rklac.com klowry@rklac.com lbobbitt@rklac.com
BUSINESS FOCUS:
Practice is focused on community/neighborhood shopping centers, retail and office
buildings, industrial warehouse/distribution buildings, residential and commercial
condominium and subdivision projects, hotels and motels, vacant land and special
purpose properties. Specialized services include appraisal review, business valuations,
market feasibility studies, acquisition/disposition counseling, and litigation support in
connection with real estate transactions including bankruptcy, eminent domain, estate
valuations, and matrimonial and equitable distribution. Clients served include banks and
financial institutions, developers and investors, law firms, government, and property
owners.
Page 2299 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM A - APPRAISER QUALIFICATIONS
PROFESSIONAL QUALIFICATIONS OF
Rachel M. Zucchi, MAI, CCIM
EXPERIENCE: Partner / Managing Director of RKL Appraisal and Consulting, PLC
Naples, FL (2009 – Present)
President of D&R Realty Group, Inc.
Naples, FL (2009 – Present)
Senior Real Estate Analyst, Integra Realty Resources – Southwest Florida
Naples, FL (2003 – 2009)
Research Associate, Integra Realty Resources – Southwest Florida
Naples, FL (2002-2003)
PROFESSIONAL
ACTIVITIES:
Member:
President:
VP/Secretary/Treasurer:
Region X Representative:
Board of Directors:
Government. Relations:
Prof. Standards & Guidance:
LDAC Attendee:
Member:
Member:
Licensed:
Licensed:
Appraisal Institute – MAI Certificate Number 451177
Appraisal Institute Florida Gulf Coast Chapter (2020)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2019)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2022)
Appraisal Institute Florida Gulf Coast Chapter (2015 - 2021)
Appraisal Institute National (2022)
Appraisal Institute National (2023-2024)
Leadership Development & Advisory Council
Appraisal Institute - Washington, D.C. (2016, 2017, 2018)
CCIM Institute - CCIM Designation Pin Number 21042
Naples Area Board of REALTORS
Florida State Certified General Real Estate Appraiser
License No. RZ 2984
Real Estate Broker (Florida)
License No. BK3077672
EXPERT WITNESS: Qualified as an expert witness in the Twentieth Judicial Circuit Court of Collier County and
Lee County
EDUCATION: Bachelor of Arts, Major in Economics
Florida Gulf Coast University, 2002
Graduated Magna Cum Laude
Presented at Eastern Economic Association Conference
Successfully completed real estate and valuation courses and seminars sponsored by the
Appraisal Institute and others.
BUSINESS FOCUS: Actively engaged in real estate valuation and consulting since 2003. Practice is focused on
community/neighborhood shopping centers, retail and office buildings, industrial
warehouse/distribution, multi-family and single-family subdivisions, condominium
de velopments, hotels/motels, vacant land and special purpose properties. Specialized services
include market feasibility studies and litigation support in connection with real estate
transactions. Clients served include banks and financial institutions, developers and investors,
law firms, government, and property owners. Valuations have been performed for eminent
domain, bankruptcy, estate, matrimonial/equitable distribution, financing, and due diligence
support.
Page 2300 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM A - APPRAISER QUALIFICATIONS
Page 2301 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM B - PROPERTY INFORMATION
ADDENDUM B
PROPERTY INFORMATION
Page 2302 of 4908
$ 0
$ 0
$ 20,500
$ 19,000
$ 0
$ 162,500
$ 0
$ 162,500
$ 98,953
$ 63,547
$ 162,500
$ 63,547
Collier County Proper ty AppraiserProperty Summar y
Parcel No 40578520001 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120
Name / Address LEONARD, GAY
21440 LAGUNA DR
City BOCA RATON State FL Zip 33433
Map No.Strap No.Section Township Range Acres *Estimated
3D31 349000 110 03D31 31 48 28 5
Legal GOLDEN GATE EST UNIT 75 TR 110
Millage Area 138 Millage Rates *Calculations
Sub./Condo 349000 - GOLDEN GATE EST UNIT 75 School Other Total
Use Code 0 - VACANT RESIDENTIAL 4.292 8.2697 12.5617
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
08/20/18 5544-2927
03/27/98 2402-3190
09/17/96 2229-413
01/01/90 1499-715
10/01/74 603-1763
2023 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Non-Homestead Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
Page 2303 of 4908
Collier County Proper ty AppraiserProperty Detail
Parcel No 40578520001 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34120
Name / Address LEONARD, GAY
21440 LAGUNA DR
City BOCA RATON State FL Zip 33433
Permits (Provided for reference purposes only. *Full Disclaimer. )
Tax Yr Issuer Permit #CO Date Tmp CO Final Bldg Type
Land
#Calc Code Units
10 ACREAGE 5
Building/Extra Features
#Year Built Description Area Adj Area
Page 2304 of 4908
Page 2305 of 4908
04 23
01
Page 2306 of 4908
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
April 5, 2024
Gay Leonard
21440 Laguna Drive
Boca Raton, FL 33433
Re: Appraisal and Inspection of Folio No. 40578520001, Parcel No. 1375FEE
Vanderbilt Beach Rd Extension Phase II, Project #60249
12th Ave NE
Naples, FL 34120
Dear Ms. Leonard:
As you may be aware, the Collier County Transportation Engineering Division is planning the above
referenced road project and has engaged RKL Appraisal and Consulting, PLC to appraise the above
referenced property.
RKL Appraisal and Consulting and support teams will be conducting a field inspection of the
property within the next few weeks. We would like to invite you to the opportunity to be present for
the property inspection. Please advise if you would like to attend the inspection.
The legal description and sketch of the parcel is being finalized. When completed, it will be
available by request from Michelle Sweet, Right of Way Coordinator, Transportation Engineering
Division at Michelle.Sweet@colliercountyfl.gov.
Additionally, if you have any information regarding the property that you deem applicable to the
assignment, please forward it to my attention.
Please contact me if you have any questions or comments. Thank you for your cooperation and
assistance in this matter.
Sincerely,
Rachel M. Zucchi, MAI, CCIM
Partner | Managing Director
State-Certified General Real Estate Appraiser RZ2984
4500 Executive Drive, Suite 230 | Naples, FL 34119
Direct: 239-596-0801 | Cell: 239-398-8715
Page 2307 of 4908
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40578520001 5 Collier
NAPLES FL 34120
GOLDEN GATE EST UNIT 75 TR 110
RKL APPRAISAL AND CONSULTING, PLC
20 APRIL 2024 Asher Williams
✔
0.90
✔
N/A
✔
N/A
REPORT VERSION 4/2021 PID: 40578520001
NOT AUTHORIZED
✔✔
✔
Page 2308 of 4908
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✔WETLAND AVOIDABLE
✔✔
10-14 ✔N/A
8-10 ✔N/A
✔
✔
✔
✔
SUMMARY NOTES: WETLANDS ARE PRESENT ON A MINORITY OF THE PROPERTY AND
THERE IS SUFFICIENT SPACE FOR THE LOCATION OF A SINGLE-FAMILY RESIDENCE
WITHOUT WETLAND IMPACTS. PROVIDED THE WETLANDS DEPICTED ON THE FOLLOWING
MAP ARE AVOIDED, THERE WILL BE NO NEED FOR ENVIRONMENTAL RESOURCE
PERMITTING.
REPORT VERSION 4/2021 PID: 40578520001
Page 2309 of 4908
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Page 2310 of 4908
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Page 2311 of 4908
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Page 2313 of 4908
Chapter 62-340, F.A.C. Data FormFDEP SLERC August 2019
§ denotes the Rule, subsection,
paragraph, or subparagraph
referenced from Ch. 62-340, F.A.C.
cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
1. Date:SEE RPRT 2. Staff Present:SEE RPRT 3. Form recorder(s):SEE RPT
4. County:SEE RPRT 5. Site Name:SEE RPRT Tracking #:
6. Point ID:SEE RPRT GPS Coordinates:
7. Distances and bearings from fixed objects (if no GPS):N/A
8. Current condition of described point:Authorized or legal condition Unauthorized or illegal condition
9. Work type:
Identification Delineation
Point status:Wetland Non-Wetland Surface Water Upland
10. Vegetative Stratum §62-340.400:Using §62-340.400, F.A.C. with reasonable scientific judgment, select the
appropriate vegetative stratum. (Do not include FAC species when determining 10% minimum areal extent.)
Canopy (Min. 10% areal extent)Subcanopy (Min. 10% areal extent)Groundcover (No min. areal extent)
Vegetation Absent (skip to #14)
Evaluation Impossible (skip to #14)Why?
11. Plant List §62-340.200(2),(6),(16), §62-340.400, §62-340.450, F.A.C.:
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
Select and identify plants in an area just large enough to represent and classify the plant community at the described point.
Do not extend into different communities or hydrologic conditions.
1. Record the scientific name (binomial)
and status of each plant species
necessary to identify/delineate and classify
the plant community in the selected area.
2. Record the percent areal
extent in the canopy,
subcanopy, and groundcover
columns for each species.
3. For each species present in the
stratum selected in #10, transfer
the numbers from only that
stratum's column into the
appropriate status columns.
Areal extent
estimator:
#Binomial of Observed Species Status Canopy Subcanopy Groundcover Upland Facultative Fac.Wet Obligate
1.Cephalanthus occidentalis O 2 2
2.Cornus foemina O 90 90
3.Sabal palmetto F 2 2
4.Telmatoblechnum serrulatum FW 15
5.Boehmeria cylindrica O 15
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Percent areal extent totals for the stratum selected in question 10 0 2 0 92
12. In the stratum selected in #10: What is the % areal extent of Obligate plants? 92
What is the % areal extent of Upland plants? 0
Is the areal extent of Obligate plants greater than that of Upland plants?Yes No
13.In the stratum selected in #10:What is the total % areal extent of Obligate & Facultative Wet plants combined?92
What is the total % areal extent of Obligate, Facultative Wet, & Upland plants combined? 92
What is the percentage of OBL + FACW in relation to all plants, excluding FAC? ()100.0%OBL+FACW
OBL+FACW+UPL
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 1 of 6
Page 2314 of 4908
Point ID/Location:SEE RPT
14. LRR/MLRA U Textures:Peat, Mucky Peat, Muck, Mucky Mineral (S or F), Sand, Fine, Marl
15.Is a soil profile evaluation possible?Yes No If no, why?(If No, skip to #18)
16. Soil Description:As is under current conditions, without considering RSJ
1 or the legality of any alterations
Soil surface, or 0 inch depth for purposes of Chapter 62-340, F.A.C. is the muck or mineral surface (whether natural or fill)
Soil describer:SEE RPT
Horizon
beginning
to ending
Depth
(inches)
Matrix
Texture
moist
condition
Matrix
Hue Value/
Chroma
for sandy
matrix
horizons w/
value 3:
% Organic
Coating
- Describe soil features:DA (areas darker than matrix),LA (areas lighter than matrix),
RC (redox concentrations): Record in moist condition hue value/chroma; % volume in
horizon; boundaries (sharp/clear/diffuse); shape (rounded/linear/angular).
-OB (organic bodies): Record texture (muck or mucky mineral), % volume in horizon.
-H2S (hydrogen sulfide odor): Indicate shallowest depth where detected
-Note if horizon is Physically Mixed (PM), Nonsoil (any material not listed in "Textures"
above), or Fill and describe.
1 0-8 S 10YR
2/1 80 LA 10YR 6/6 10% ROUND SHARP
2
3
4
5
6
17. Hydric Soil Field Indicators:If present, check all Hydric Soil Field Indicators satisfied
5 All Texture
(A1) Histosol*
(A2) Histic Epipedon*
(A3) Black Histic*
(A4) Hydrogen Sulfide*
(A5) Stratified Layers*
(A6) Organic Bodies
(A7) 5cm Mucky Mineral*
(A8) Muck Presence*
(A9) 1cm Muck*
(A11) Depleted Below Dark Surface
(A12) Thick Dark Surface
5 Sandy Texture
(S4) Sandy Gleyed Matrix*
(S5) Sandy Redox
✔
(S6) Stripped Matrix
(S7) Dark Surface
✔
(S8) Polyvalue Below Surface
(S9) Thin Dark Surface
(S12) Barrier Islands 1cm Muck
5 Fine Texture
(F2) Loamy Gleyed Matrix*
(F3) Depleted Matrix
(F6) Redox Dark Surface
(F7) Depleted Dark Surface
(F8) Redox Depression
(F10) Marl
(F12) Iron-Manganese Masses
(F13) Umbric Surface
(F22) Very Shallow Dark Surface
specify their beginning
and ending depths
Indicator
Present
Begin
Depth
End
Depth
1. S7
0 8
2. S5
0 8
3.
4.
5.
6.
To combine layers/indicators to meet thickness
requirements, see NRCS Hydric Soils Technical Note 4.
and
* = Stand-alone D Test - both hydric soil
and hydrologic indicator
18. Excluding organic horizons, is any nonsoil horizon present at or within the uppermost 12 inches of the ground surface?
Yes (e.g. bedrock, rock outcrop, limestone fill, gravel, etc)No Soil profile or site inaccessible
19. Is one or more hydric soil field indicators present?Yes No Inconclusive (e.g., evaluation to 12+ inchesimpeded by disturbance, water,nonsoil, no site access, etc.)
If no or inconclusive, is the soil hydric as determined by other NRCS methods?
Yes I Which method(s)?
(e.g., hydric soil definition, HSTS
2, indicator present at drier elevation, indicator would be present but for disturbance)
No Inconclusive I Why?
20. Is the depth of the soil profile 20 inches or greater from the soil surface?Yes No
If no, depth of soil profile is:8 inches Why?
(e.g., root refusal, nonsoil, water table, loose sand, heavy texture, compaction, weather conditions, inspection interrupted)
21.Observed height or depth of standing water from soil surface:inches Above Below Not Observed
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 2 of 6
Page 2315 of 4908
Point ID/Location:Indicator evaluator:
22.Hydrologic Indicators:As is under current conditions, without considering RSJ
1 or the legality of any alterations
Hydrologic Indicators
per §62-340.500, F.A.C.
(and as applied to §62-340.600, F.A.C.)
Present
at or
near
point
Predicted
during
normal
high
water or
wet
season
Within
100 ft
waterward
of point
(not for
upland
points)
1. Describe the type of all checked indicators.
2. Approximate the distance and compass direction of
indicators within 100 ft of the point.
3. For water level indicators (potential indicators denoted
by *)note the height from ground surface at the point
as well as waterward (with distance from point).
Only for indicators not present due to dry season/drought
(1) Algal mats*
(2) Aquatic mosses or liverworts*
(3) Aquatic plants*
(4) Aufwuchs
(5) Drift lines and rafted debris*
(6) Elevated lichen lines*
(7) Evidence of aquatic fauna
(8) Hydrologic data*✔
(9) Morphological plant adaptations*✔lenticel expansion
(10) Secondary flow channels
(11) Sediment deposition*
(12) Tussocks or hummocks*
(13) Water marks*
Highest water level indicator height at point:
8 inches Above Ground Surface
Above Soil Surface
No Water Level Indicators
N/A (described point is Upland)
23.Is one or more hydrologic indicator(s) listed in §62-340.500, F.A.C. present or predicted with normal high water or
wet season conditions at the described point?NoYes Evaluation Impossible I Why?
24. Delineation by Wetland Definition §62-340.300(1), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Has a wetland boundary been delineated at the described point?
Yes No (If No, skip to #25)
b) If yes to 24a, can the boundary be easily delineated using the definition of wetlands?Yes No
25. A & B Test Wetland Criteria §62-340.300(2)(a),(b), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Is the areal extent of Obligate plants in the stratum selected in #10 greater than the areal extent of all Upland plants
in that stratum?(See #12)Yes No Vegetation Absent (skip to #25f)Evaluation Impossible (skip to #26a)
b) Is the areal extent of Obligate and/or Facultative Wet plants in the stratum selected in #10 equal to or greater than
80% of all the plants in that stratum, excluding Facultative plants?(See #13)Yes No
c) Is the soil hydric as identified using standard NRCS definitions and practices?(see #19)
Yes No Indeterminable with current conditions I Why?
d) Is the substrate composed of riverwash, nonsoil (see #18), rock outcrop-soil complex, or is the substrate located
within an artificially created wetland area?Yes No If yes, which condition is present?
e)Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point?(See #23)Yes No
f) Are the A Test criteria met per §62-340.300(2)(a), F.A.C. at the described point?Yes No
(Note: If yes to 25a and yes to either 25c, 25d, or 25e, A Test criteria are met)
g) Are the B Test criteria met per §62-340.300(2)(b), F.A.C. at the described point?Yes No
(Note: If yes to 25b and yes to either 25c, 25d, or 25e, B Test criteria are met)
h) Are there any alterations or conditions affecting reliable application of the A or B Test such that the Altered Sites
Test is more appropriate?Yes No
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 3 of 6
Page 2316 of 4908
26. C Test Wetland Criteria §62-340.300(2)(c), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Per §62-340.300(2)(c), F.A.C. is the described point Pine Flatwoods or Improved Pasture, or does it have
drained soils?Yes No If yes, select which of the following are met, then skip to #26d
Pine Flatwoods Improved Pasture Drained Soils
Pine Flatwoods must have flat terrain, a monotypic or mixed canopy of long leaf pine or slash pine, and a ground cover
dominated by saw palmetto with other species that are NOT obligate or facultative wet.Improved Pasture means areas where
the dominant native plant community has been replaced with planted or natural recruitment of herbaceous species which are NOT
obligate or facultative wet species and which have been actively maintained for livestock through mechanical means or grazing.
Drained Soils are those in which permanent alterations, excluding mechanical pumping, preclude the formation of hydric soils.
b) Are the soils at the described point saline sands (salt flats-tidal flats),or have they been field verified by NRCS's
Keys to Soil Taxonomy (4th ed. 1990) as Umbraqualfs, Sulfaquents, Hydraquents, Humaquepts, Histosols (except
Folists), Argiaquolls, or Umbraquults?Yes No
c) Do the soils at the described point have a NRCS hydric soil field indicator (see #17),and is the point located
within a map unit named or designated by the NRCS as frequently flooded, depressional, or water?
Map Unit:Yes No Inconclusive I Why?(skip to #27a)
d) Are the C Test criteria met per §62-340.300(2)(c), F.A.C. at the described point?
(Note: If no to 26a and yes to either 26b or 26c, C Test criteria are met)
Yes No
e) Are there any alterations or conditions affecting reliable application of the C Test such that the Altered Sites Test
is more appropriate?Yes No
27. D Test Wetland Criteria §62-340.300(2)(d), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Is the soil hydric as verified by a NRCS hydric soil field indicator?(See #17)
Yes No (skip to #27d)Inconclusive I Why?(skip to #28)
b)Does any NRCS hydric soil field indicator begin at the soil surface or are any of the following indicators present:
A1, A2, A3, A4, A5, A7, A8, A9, S4, F2?Yes No (If yes, then hydrologic indicator §62-340.500(8) or (11) is met)
c) Is one or more of the hydrologic indicators in §62-340.500, F.A.C.present at the described point?(See #23)Yes No
d) Are the D Test criteria met per §62-340.300(2)(d), F.A.C. at the described point?
(Note: If yes to 27a and yes to either 27b or 27c, D Test criteria may be met)
Yes No
e) Are there any alterations or conditions affecting reliable application of the D Test such that the Altered Sites Test
is more appropriate?Yes No
28. Altered Sites Tests §62-340.300(3), F.A.C. (Legal/Authorized or Illegal/Unauthorized)
For purposes of Chapter 62-340, F.A.C.altered refers to any natural or man-induced condition(s) which masks
or eliminates reliable expression of wetland indicators (i.e. hydrophytic vegetation, hydric soils, and hydrologic
indicators).Unaltered or normal does not require a natural condition, only an expression of wetland
indicators that is sufficient to reliably identify or delineate the wetland using the criteria in §62-340.300, F.A.C.
Are alterations affecting normal wetland condition?Yes No (skip to #32)Evaluation Impossible (skip to #32)
29. Authorized or Legally Altered Vegetation and Soils Test Criteria §62-340.300(3)(a), F.A.C.
a) Are there authorized or legal alterations affecting reliable expression of vegetation at the described point?
Yes No If yes, how?
b) Are there authorized or legal alterations affecting reliable soil evaluation at the described point?Yes No
If yes, how?
(If no to both 29a and 29b, skip to #30)
c) If yes to 29a or 29b, which criteria tests are affected by the legal alterations?
A Test B Test C Test D Test
d) Using the most reliable available information and reasonable scientific judgment, would the types of evidence and
characteristics contemplated in §62-340.300, F.A.C. identify or delineate the described point as a wetland with
cessation of the legal altering activities?Yes No If no, why?
(If no, skip to #30)
e) If yes to 29d, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
legal altering activities?Plants Soils Hydrologic indicators
f)If yes to 29d, which tests would be passed with cessation of legal altering activities?
Wetland Definition A Test B Test C Test D Test
Why?
Point ID/Location:
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 4 of 6
Page 2317 of 4908
Point ID/Location:
30. Authorized or Legally Altered Hydrology Test Criteria §62-340.300(3)(b), F.A.C.
a) Has wetland hydrology of the area been legally drained or lowered?Yes No (If no, skip to #31)
If yes, how?
b) Has wetland hydrology been legally eliminated at the described point?Yes No (If no, skip to #31)
c) If yes to 30b, using reasonable scientific judgment or §62-340.550, F.A.C., have dredging or filling activities
authorized by Part IV of Chapter 373, F.S.permanently eliminated wetland hydrology at the described point such
that the wetland definition cannot be met?Yes (point is upland)No
Chapter 373, F.S. Part II activities (e.g., water use permits) or other temporary hydrologic alterations
(e.g., surface water pumps, drought) do not apply to this or any other Ch. 62-340, F.A.C. determinations.
d) If no to 30c, what §62-340.300, F.A.C.evidence is present now and/or will be present in the future with cessation of
temporary hydrologic drainage?Plants Soils Hydrologic indicators
e) If no to 30c,Which tests would be passed with cessation of temporary hydrologic alterations?
Wetland Definition A Test B Test C Test D Test
Why?
(If yes, skip to #31)
31. Unauthorized or Illegally Altered Sites Test Criteria §62-340.300(3)(c), F.A.C.
If the altering activity is a violation of regulatory requirements, then application of §62-340.300(3)(c), F.A.C. and
all provisions of Chapter 62-340, F.A.C. are utilized to identify or delineate the wetland in a forensic manner.
This identification or delineation reflects the condition immediately prior to the unauthorized alteration.
a) Have any unauthorized alterations affected the normal wetland condition at the described point?Yes No
(If no, skip to #32)If yes, how?
b) If yes to 31a, which criteria tests are affected by the unauthorized alterations?
A Test B Test C Test D Test
c) With reasonable scientific judgment is the described point a wetland, or would it have been a wetland immediately
prior to the unauthorized alteration?Yes No If no, why?
(If no, skip to #32)
d) If yes to 31c, what §62-340.300, F.A.C.evidence is present now and/or was present immediately prior to the
unauthorized alteration?Plants Soils Hydrologic indicators
e) If yes to 31c, which tests would be passed immediately prior to the unauthorized alteration?
Wetland Definition A Test B Test C Test D Test
Why?
32. Wetland and Other Surface Water Summary §62-340.600(2)(a-e), F.A.C.:
Given normal expression,cessation of authorized alterations, or immediately prior to any unauthorized alterations:
a) With reasonable scientific judgment is the described point a wetland as defined in §62-340.200(19), F.A.C. and
located by Ch. 62-340, F.A.C.?Yes No If yes, which criteria identified or delineated the wetland?
Wetland Definition A Test B Test C Test D Test
If summary answers differ from answers in 25f, 25g, 26d, or 27d, why?
b) Is the described point located at or within the Mean High Water Line of a tidal water body?
Yes No MHWL Unknown
c) Is the described point located at or within the Ordinary High Water Line of a non-tidal natural water body or natural
watercourse?Yes No
d) Is the described point located at or within the top of the bank of an artificial lake, borrow pit, canal, ditch, or other
type of artificial water body or watercourse with side slopes of 1 foot vertical to 4 feet horizontal or steeper,
excluding spoil banks when the canals and ditches have resulted from excavation into the ground?Yes No
e) Is the described point located at or within the Seasonal High Water Line of an artificial lake, borrow pit, canal, ditch,
or other type of artificial water body or watercourse with side slopes flatter than 1 foot vertical to 4 feet horizontal or
an artificial water body created by diking or impoundment above the ground?Yes No
33. Connection or Isolation of Wetland per Applicant's Handbook Vol.1 Section 2.0
If the described point is a wetland, does it have a connection via wetlands or other surface waters, or is it wholly
surrounded by uplands and therefore isolated?Connected Isolated N/A (Point is not wetland)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 5 of 6
Page 2318 of 4908
Point ID/Location:
34. Photographs and/or videos:Soil profile with Data Form, Soil profile close-up, Cross section(s) at 6" depth for
sandy textures and/or critical depths for fine textures, Hydric soil indicators, Water table or inundation depth, Four
cardinal directions of plant strata present, Hydrologic indicators (with scale as necessary), Critical plant ID (optional)
#Memory Card # / Metadata Description, compass direction (if applicable)Taken By
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Notes:See Site Documentation - WETLAND
Helpful Definitions for Applying Ch 62-340, F.A.C.
1RSJ stands for Reasonable Scientific Judgment where used throughout this Data Form (See The Florida Wetlands Delineation Manual pg. 2 & 12)
2HSTS stands for Hydric Soils Technical Standard (See NRCS Hydric Soils Technical Note 11)
Definition from §62.340.200(19) Florida Administrative Code
“Wetlands,” as defined in subsection 373.019(17), F.S., means those areas that are inundated or saturated by surface water or ground water at a
frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil
conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas
having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow,
reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs,
cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other
similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.
Definition from §373.019(19) Florida Statutes
“Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the earth's surface.
Definition from §373.019(14) Florida Statutes
“Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential
that the flowing be uniform or uninterrupted.
Definition from §62.340.200(15) Florida Administrative Code
“Seasonal High Water” means the elevation to which the ground and surface water can be expected to rise due to a normal wet season.
From The Florida Wetlands Delineation Manual pg. 37
Ordinary high water is that point on the slope or bank where the surface water from the water body ceases to exert a dominant influence on the character
of the surrounding vegetation and soils. The OHWL frequently encompasses areas dominated by non-listed vegetation and non-hydric soils. When the
OHWL is not at a wetland edge, the general view of the area may present an “upland” appearance.
Definition from §403.803(14) Florida Statutes
"Swale"means a manmade trench which:
(a)Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical;
(b) Contains contiguous areas of standing or flowing water only following a rainfall event;
(c) Is planted with or has stablized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and
(d) Is designed to take into acount the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce
pollutant concentration of any discharge.
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 6 of 6
Page 2319 of 4908
Chapter 62-340, F.A.C. Data FormFDEP SLERC August 2019
§ denotes the Rule, subsection,
paragraph, or subparagraph
referenced from Ch. 62-340, F.A.C.
cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
1. Date:SEE RPT 2. Staff Present:SEE RPT 3. Form recorder(s):SEE RPT
4. County:SEE RPT 5. Site Name:SEE RPT Tracking #:
6. Point ID:SEE RPT GPS Coordinates:
7. Distances and bearings from fixed objects (if no GPS):
8. Current condition of described point:Authorized or legal condition Unauthorized or illegal condition
9. Work type:
Identification Delineation
Point status:Wetland Non-Wetland Surface Water Upland
10. Vegetative Stratum §62-340.400:Using §62-340.400, F.A.C. with reasonable scientific judgment, select the
appropriate vegetative stratum. (Do not include FAC species when determining 10% minimum areal extent.)
Canopy (Min. 10% areal extent)Subcanopy (Min. 10% areal extent)Groundcover (No min. areal extent)
Vegetation Absent (skip to #14)
Evaluation Impossible (skip to #14)Why?
11. Plant List §62-340.200(2),(6),(16), §62-340.400, §62-340.450, F.A.C.:
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
Select and identify plants in an area just large enough to represent and classify the plant community at the described point.
Do not extend into different communities or hydrologic conditions.
1. Record the scientific name (binomial)
and status of each plant species
necessary to identify/delineate and classify
the plant community in the selected area.
2. Record the percent areal
extent in the canopy,
subcanopy, and groundcover
columns for each species.
3. For each species present in the
stratum selected in #10, transfer
the numbers from only that
stratum's column into the
appropriate status columns.
Areal extent
estimator:
#Binomial of Observed Species Status Canopy Subcanopy Groundcover Upland Facultative Fac.Wet Obligate
1.Pinus elliotti U 25 25
2.Serenoa repens U 25
3.Sabal palmetto F 10 5 10
4.Pteridium aquilinum U 2
5.Lyonia ferruginea U 5
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Percent areal extent totals for the stratum selected in question 10 25 10 0 0
12. In the stratum selected in #10: What is the % areal extent of Obligate plants? 0
What is the % areal extent of Upland plants? 25
Is the areal extent of Obligate plants greater than that of Upland plants?Yes No
13.In the stratum selected in #10:What is the total % areal extent of Obligate & Facultative Wet plants combined?0
What is the total % areal extent of Obligate, Facultative Wet, & Upland plants combined? 25
What is the percentage of OBL + FACW in relation to all plants, excluding FAC? ()0.0%OBL+FACW
OBL+FACW+UPL
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 1 of 6
Page 2320 of 4908
Point ID/Location:SEE RPT
14. LRR/MLRA U Textures:Peat, Mucky Peat, Muck, Mucky Mineral (S or F), Sand, Fine, Marl
15.Is a soil profile evaluation possible?Yes No If no, why?(If No, skip to #18)
16. Soil Description:As is under current conditions, without considering RSJ
1 or the legality of any alterations
Soil surface, or 0 inch depth for purposes of Chapter 62-340, F.A.C. is the muck or mineral surface (whether natural or fill)
Soil describer:SEE RPT
Horizon
beginning
to ending
Depth
(inches)
Matrix
Texture
moist
condition
Matrix
Hue Value/
Chroma
for sandy
matrix
horizons w/
value 3:
% Organic
Coating
- Describe soil features:DA (areas darker than matrix),LA (areas lighter than matrix),
RC (redox concentrations): Record in moist condition hue value/chroma; % volume in
horizon; boundaries (sharp/clear/diffuse); shape (rounded/linear/angular).
-OB (organic bodies): Record texture (muck or mucky mineral), % volume in horizon.
-H2S (hydrogen sulfide odor): Indicate shallowest depth where detected
-Note if horizon is Physically Mixed (PM), Nonsoil (any material not listed in "Textures"
above), or Fill and describe.
1 0-6 S 10YR
6/3 DA 10YR 3/1 15% sharp
2
3
4
5
6
17. Hydric Soil Field Indicators:If present, check all Hydric Soil Field Indicators satisfied
5 All Texture
(A1) Histosol*
(A2) Histic Epipedon*
(A3) Black Histic*
(A4) Hydrogen Sulfide*
(A5) Stratified Layers*
(A6) Organic Bodies
(A7) 5cm Mucky Mineral*
(A8) Muck Presence*
(A9) 1cm Muck*
(A11) Depleted Below Dark Surface
(A12) Thick Dark Surface
5 Sandy Texture
(S4) Sandy Gleyed Matrix*
(S5) Sandy Redox
(S6) Stripped Matrix
(S7) Dark Surface
(S8) Polyvalue Below Surface
(S9) Thin Dark Surface
(S12) Barrier Islands 1cm Muck
5 Fine Texture
(F2) Loamy Gleyed Matrix*
(F3) Depleted Matrix
(F6) Redox Dark Surface
(F7) Depleted Dark Surface
(F8) Redox Depression
(F10) Marl
(F12) Iron-Manganese Masses
(F13) Umbric Surface
(F22) Very Shallow Dark Surface
specify their beginning
and ending depths
Indicator
Present
Begin
Depth
End
Depth
1.
2.
3.
4.
5.
6.
To combine layers/indicators to meet thickness
requirements, see NRCS Hydric Soils Technical Note 4.
and
* = Stand-alone D Test - both hydric soil
and hydrologic indicator
18. Excluding organic horizons, is any nonsoil horizon present at or within the uppermost 12 inches of the ground surface?
Yes (e.g. bedrock, rock outcrop, limestone fill, gravel, etc)No Soil profile or site inaccessible
19. Is one or more hydric soil field indicators present?Yes No Inconclusive (e.g., evaluation to 12+ inchesimpeded by disturbance, water,nonsoil, no site access, etc.)
If no or inconclusive, is the soil hydric as determined by other NRCS methods?
Yes I Which method(s)?
(e.g., hydric soil definition, HSTS
2, indicator present at drier elevation, indicator would be present but for disturbance)
No Inconclusive I Why?
20. Is the depth of the soil profile 20 inches or greater from the soil surface?Yes No
If no, depth of soil profile is:6 inches Why? IMPERVIOUS LAYER
(e.g., root refusal, nonsoil, water table, loose sand, heavy texture, compaction, weather conditions, inspection interrupted)
21.Observed height or depth of standing water from soil surface:inches Above Below Not Observed
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Page 2321 of 4908
Point ID/Location:Indicator evaluator:
22.Hydrologic Indicators:As is under current conditions, without considering RSJ
1 or the legality of any alterations
Hydrologic Indicators
per §62-340.500, F.A.C.
(and as applied to §62-340.600, F.A.C.)
Present
at or
near
point
Predicted
during
normal
high
water or
wet
season
Within
100 ft
waterward
of point
(not for
upland
points)
1. Describe the type of all checked indicators.
2. Approximate the distance and compass direction of
indicators within 100 ft of the point.
3. For water level indicators (potential indicators denoted
by *)note the height from ground surface at the point
as well as waterward (with distance from point).
Only for indicators not present due to dry season/drought
(1) Algal mats*
(2) Aquatic mosses or liverworts*
(3) Aquatic plants*
(4) Aufwuchs
(5) Drift lines and rafted debris*
(6) Elevated lichen lines*
(7) Evidence of aquatic fauna
(8) Hydrologic data*
(9) Morphological plant adaptations*
(10) Secondary flow channels
(11) Sediment deposition*
(12) Tussocks or hummocks*
(13) Water marks*
Highest water level indicator height at point:
inches Above Ground Surface
Above Soil Surface
No Water Level Indicators
N/A (described point is Upland)
23.Is one or more hydrologic indicator(s) listed in §62-340.500, F.A.C. present or predicted with normal high water or
wet season conditions at the described point?NoYes Evaluation Impossible I Why?
24. Delineation by Wetland Definition §62-340.300(1), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Has a wetland boundary been delineated at the described point?
Yes No (If No, skip to #25)
b) If yes to 24a, can the boundary be easily delineated using the definition of wetlands?Yes No
25. A & B Test Wetland Criteria §62-340.300(2)(a),(b), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Is the areal extent of Obligate plants in the stratum selected in #10 greater than the areal extent of all Upland plants
in that stratum?(See #12)Yes No Vegetation Absent (skip to #25f)Evaluation Impossible (skip to #26a)
b) Is the areal extent of Obligate and/or Facultative Wet plants in the stratum selected in #10 equal to or greater than
80% of all the plants in that stratum, excluding Facultative plants?(See #13)Yes No
c) Is the soil hydric as identified using standard NRCS definitions and practices?(see #19)
Yes No Indeterminable with current conditions I Why?
d) Is the substrate composed of riverwash, nonsoil (see #18), rock outcrop-soil complex, or is the substrate located
within an artificially created wetland area?Yes No If yes, which condition is present?
e)Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point?(See #23)Yes No
f) Are the A Test criteria met per §62-340.300(2)(a), F.A.C. at the described point?Yes No
(Note: If yes to 25a and yes to either 25c, 25d, or 25e, A Test criteria are met)
g) Are the B Test criteria met per §62-340.300(2)(b), F.A.C. at the described point?Yes No
(Note: If yes to 25b and yes to either 25c, 25d, or 25e, B Test criteria are met)
h) Are there any alterations or conditions affecting reliable application of the A or B Test such that the Altered Sites
Test is more appropriate?Yes No
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 3 of 6
Page 2322 of 4908
26. C Test Wetland Criteria §62-340.300(2)(c), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Per §62-340.300(2)(c), F.A.C. is the described point Pine Flatwoods or Improved Pasture, or does it have
drained soils?Yes No If yes, select which of the following are met, then skip to #26d
Pine Flatwoods Improved Pasture Drained Soils
Pine Flatwoods must have flat terrain, a monotypic or mixed canopy of long leaf pine or slash pine, and a ground cover
dominated by saw palmetto with other species that are NOT obligate or facultative wet.Improved Pasture means areas where
the dominant native plant community has been replaced with planted or natural recruitment of herbaceous species which are NOT
obligate or facultative wet species and which have been actively maintained for livestock through mechanical means or grazing.
Drained Soils are those in which permanent alterations, excluding mechanical pumping, preclude the formation of hydric soils.
b) Are the soils at the described point saline sands (salt flats-tidal flats),or have they been field verified by NRCS's
Keys to Soil Taxonomy (4th ed. 1990) as Umbraqualfs, Sulfaquents, Hydraquents, Humaquepts, Histosols (except
Folists), Argiaquolls, or Umbraquults?Yes No
c) Do the soils at the described point have a NRCS hydric soil field indicator (see #17),and is the point located
within a map unit named or designated by the NRCS as frequently flooded, depressional, or water?
Map Unit:Yes No Inconclusive I Why?(skip to #27a)
d) Are the C Test criteria met per §62-340.300(2)(c), F.A.C. at the described point?
(Note: If no to 26a and yes to either 26b or 26c, C Test criteria are met)
Yes No
e) Are there any alterations or conditions affecting reliable application of the C Test such that the Altered Sites Test
is more appropriate?Yes No
27. D Test Wetland Criteria §62-340.300(2)(d), F.A.C.
As is under current conditions, without considering RSJ
1 or the legality of any alterations:
a) Is the soil hydric as verified by a NRCS hydric soil field indicator?(See #17)
Yes No (skip to #27d)Inconclusive I Why?(skip to #28)
b)Does any NRCS hydric soil field indicator begin at the soil surface or are any of the following indicators present:
A1, A2, A3, A4, A5, A7, A8, A9, S4, F2?Yes No (If yes, then hydrologic indicator §62-340.500(8) or (11) is met)
c) Is one or more of the hydrologic indicators in §62-340.500, F.A.C.present at the described point?(See #23)Yes No
d) Are the D Test criteria met per §62-340.300(2)(d), F.A.C. at the described point?
(Note: If yes to 27a and yes to either 27b or 27c, D Test criteria may be met)
Yes No
e) Are there any alterations or conditions affecting reliable application of the D Test such that the Altered Sites Test
is more appropriate?Yes No
28. Altered Sites Tests §62-340.300(3), F.A.C. (Legal/Authorized or Illegal/Unauthorized)
For purposes of Chapter 62-340, F.A.C.altered refers to any natural or man-induced condition(s) which masks
or eliminates reliable expression of wetland indicators (i.e. hydrophytic vegetation, hydric soils, and hydrologic
indicators).Unaltered or normal does not require a natural condition, only an expression of wetland
indicators that is sufficient to reliably identify or delineate the wetland using the criteria in §62-340.300, F.A.C.
Are alterations affecting normal wetland condition?Yes No (skip to #32)Evaluation Impossible (skip to #32)
29. Authorized or Legally Altered Vegetation and Soils Test Criteria §62-340.300(3)(a), F.A.C.
a) Are there authorized or legal alterations affecting reliable expression of vegetation at the described point?
Yes No If yes, how?
b) Are there authorized or legal alterations affecting reliable soil evaluation at the described point?Yes No
If yes, how?
(If no to both 29a and 29b, skip to #30)
c) If yes to 29a or 29b, which criteria tests are affected by the legal alterations?
A Test B Test C Test D Test
d) Using the most reliable available information and reasonable scientific judgment, would the types of evidence and
characteristics contemplated in §62-340.300, F.A.C. identify or delineate the described point as a wetland with
cessation of the legal altering activities?Yes No If no, why?
(If no, skip to #30)
e) If yes to 29d, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
legal altering activities?Plants Soils Hydrologic indicators
f)If yes to 29d, which tests would be passed with cessation of legal altering activities?
Wetland Definition A Test B Test C Test D Test
Why?
Point ID/Location:
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 4 of 6
Page 2323 of 4908
Point ID/Location:
30. Authorized or Legally Altered Hydrology Test Criteria §62-340.300(3)(b), F.A.C.
a) Has wetland hydrology of the area been legally drained or lowered?Yes No (If no, skip to #31)
If yes, how?
b) Has wetland hydrology been legally eliminated at the described point?Yes No (If no, skip to #31)
c) If yes to 30b, using reasonable scientific judgment or §62-340.550, F.A.C., have dredging or filling activities
authorized by Part IV of Chapter 373, F.S.permanently eliminated wetland hydrology at the described point such
that the wetland definition cannot be met?Yes (point is upland)No
Chapter 373, F.S. Part II activities (e.g., water use permits) or other temporary hydrologic alterations
(e.g., surface water pumps, drought) do not apply to this or any other Ch. 62-340, F.A.C. determinations.
d) If no to 30c, what §62-340.300, F.A.C.evidence is present now and/or will be present in the future with cessation of
temporary hydrologic drainage?Plants Soils Hydrologic indicators
e) If no to 30c,Which tests would be passed with cessation of temporary hydrologic alterations?
Wetland Definition A Test B Test C Test D Test
Why?
(If yes, skip to #31)
31. Unauthorized or Illegally Altered Sites Test Criteria §62-340.300(3)(c), F.A.C.
If the altering activity is a violation of regulatory requirements, then application of §62-340.300(3)(c), F.A.C. and
all provisions of Chapter 62-340, F.A.C. are utilized to identify or delineate the wetland in a forensic manner.
This identification or delineation reflects the condition immediately prior to the unauthorized alteration.
a) Have any unauthorized alterations affected the normal wetland condition at the described point?Yes No
(If no, skip to #32)If yes, how?
b) If yes to 31a, which criteria tests are affected by the unauthorized alterations?
A Test B Test C Test D Test
c) With reasonable scientific judgment is the described point a wetland, or would it have been a wetland immediately
prior to the unauthorized alteration?Yes No If no, why?
(If no, skip to #32)
d) If yes to 31c, what §62-340.300, F.A.C.evidence is present now and/or was present immediately prior to the
unauthorized alteration?Plants Soils Hydrologic indicators
e) If yes to 31c, which tests would be passed immediately prior to the unauthorized alteration?
Wetland Definition A Test B Test C Test D Test
Why?
32. Wetland and Other Surface Water Summary §62-340.600(2)(a-e), F.A.C.:
Given normal expression,cessation of authorized alterations, or immediately prior to any unauthorized alterations:
a) With reasonable scientific judgment is the described point a wetland as defined in §62-340.200(19), F.A.C. and
located by Ch. 62-340, F.A.C.?Yes No If yes, which criteria identified or delineated the wetland?
Wetland Definition A Test B Test C Test D Test
If summary answers differ from answers in 25f, 25g, 26d, or 27d, why?
b) Is the described point located at or within the Mean High Water Line of a tidal water body?
Yes No MHWL Unknown
c) Is the described point located at or within the Ordinary High Water Line of a non-tidal natural water body or natural
watercourse?Yes No
d) Is the described point located at or within the top of the bank of an artificial lake, borrow pit, canal, ditch, or other
type of artificial water body or watercourse with side slopes of 1 foot vertical to 4 feet horizontal or steeper,
excluding spoil banks when the canals and ditches have resulted from excavation into the ground?Yes No
e) Is the described point located at or within the Seasonal High Water Line of an artificial lake, borrow pit, canal, ditch,
or other type of artificial water body or watercourse with side slopes flatter than 1 foot vertical to 4 feet horizontal or
an artificial water body created by diking or impoundment above the ground?Yes No
33. Connection or Isolation of Wetland per Applicant's Handbook Vol.1 Section 2.0
If the described point is a wetland, does it have a connection via wetlands or other surface waters, or is it wholly
surrounded by uplands and therefore isolated?Connected Isolated N/A (Point is not wetland)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 5 of 6
Page 2324 of 4908
Point ID/Location:
34. Photographs and/or videos:Soil profile with Data Form, Soil profile close-up, Cross section(s) at 6" depth for
sandy textures and/or critical depths for fine textures, Hydric soil indicators, Water table or inundation depth, Four
cardinal directions of plant strata present, Hydrologic indicators (with scale as necessary), Critical plant ID (optional)
#Memory Card # / Metadata Description, compass direction (if applicable)Taken By
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Notes:
Helpful Definitions for Applying Ch 62-340, F.A.C.
1RSJ stands for Reasonable Scientific Judgment where used throughout this Data Form (See The Florida Wetlands Delineation Manual pg. 2 & 12)
2HSTS stands for Hydric Soils Technical Standard (See NRCS Hydric Soils Technical Note 11)
Definition from §62.340.200(19) Florida Administrative Code
“Wetlands,” as defined in subsection 373.019(17), F.S., means those areas that are inundated or saturated by surface water or ground water at a
frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil
conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas
having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow,
reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs,
cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other
similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.
Definition from §373.019(19) Florida Statutes
“Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the earth's surface.
Definition from §373.019(14) Florida Statutes
“Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential
that the flowing be uniform or uninterrupted.
Definition from §62.340.200(15) Florida Administrative Code
“Seasonal High Water” means the elevation to which the ground and surface water can be expected to rise due to a normal wet season.
From The Florida Wetlands Delineation Manual pg. 37
Ordinary high water is that point on the slope or bank where the surface water from the water body ceases to exert a dominant influence on the character
of the surrounding vegetation and soils. The OHWL frequently encompasses areas dominated by non-listed vegetation and non-hydric soils. When the
OHWL is not at a wetland edge, the general view of the area may present an “upland” appearance.
Definition from §403.803(14) Florida Statutes
"Swale"means a manmade trench which:
(a)Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical;
(b) Contains contiguous areas of standing or flowing water only following a rainfall event;
(c) Is planted with or has stablized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and
(d) Is designed to take into acount the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce
pollutant concentration of any discharge.
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (effective date) Page 6 of 6
Page 2325 of 4908
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Page 2327 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ADDENDUM C
COMPARABLE DATA
Page 2328 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ID 8518 Date 3/7/2024
Name SS 8th Ave NE Price $320,000
Address SS 8th Ave NE Price per Acre $64,000
City Naples Transaction Type Closed Sale
Grantor Brenda M. Jasmund Lay, Gary
Eugene Jasmund, Karen Lynn
Jasmund, and Brenda M. Jasmund
Lay, Successor Trustee
Financing Cash
Grantee Gator Investment of SW FL Inc Property Rights Fee Simple
Tax ID
Days on Market 5 Days Sale Verification Date 5/2/2024
Book/Page or Reference
Doc
Instr # 6517569 and 6517570 Sale Verification Source Angelo Sottosanti, PA w/
Coldwell Banker Realty
Conditions of Sale Arm's length Sale History None in previous 3 years
Acres 5.00 Topography Heavily Treed
Land SF 217,800 Zoning E - Estates
Primary Frontage Feet 330 Flood Zone Zone AH and X
Primary Frontage Street 8th Ave NE Dimensions 330' x 660'
Utilities Well, Septic Shape Rectangle
Encumbrance Or
Easement
Transaction
Site
30' wide ROW easement along the northern property line (8th Ave NE).
40687320008
Treed parcel located along the south side of 8th Ave NE. Parcel is located within a slash-pine dominated flatwoods forest and
is entirely uplands according to Informal Wetland Determination dated January 25, 2024 prepared by Tropical Environmental
Consultants. Parcel was listed in February 2024 for $350,000.
Comments
Land Comparable 1
Page 2329 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ID 8503 Date 4/25/2024
Name Everglades Blvd & 6th Ave NE Price $250,000
Address Everglades Blvd & 6th Ave NE Price per Acre $48,529
City Naples Transaction Type Closed Sale
Grantor Shirley Everett & Bonita Brown Financing Conventional
Grantee Moravelas New York Style Pizza Inc Property Rights Fee Simple
Tax ID
Days on Market 381 Sale Verification Date 5/9/2024
Book/Page or Reference
Doc
Instr # 6540747 Sale Verification Source Karla Petty w/ Coldwell
Banker Realty
Conditions of Sale Arm's length Sale History No arm's length transactions
in previous 3 years
Acres 5.15 Topography Heavily Treed
Land SF 224,400 Zoning E - Estates
Primary Frontage Feet 330 Flood Zone Zone AH
Primary Frontage Street Everglades Blvd N Dimensions 330' x 680'
Utilities Well, Septic Shape Rectangle
Encumbrance Or
Easement
Comments
Site
Transaction
30' wide ROW easement along the southern property line (6th Ave NE); 50' wide ROW easement
along the western property line (Everglades Blvd N).
40681000007
Land Comparable 2
Heavily treed parcel located at the northeast corner of 6th Ave NE and Everglades Blvd N. According to Informal Wetland
Determination dated March 1, 2023 prepared by Wetland Consultants the site has 2.99 acres of wetlands (58%) located along
the northern border and eastern (rear) portion of the lot.
Page 2330 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ID 8519 Date 11/29/2023
Name 4132-4144 10th Ave NE Price $300,000
Address 4132-4144 10th Ave NE Price per Acre $60,000
City Naples Transaction Type Closed Sale
Grantor Jane Loyer and Theodore A. Loyer,
both indvidiually and as co-trustees
Financing Cash
Grantee Gator Investment of SW FL Inc Property Rights Fee Simple
Tax ID
Days on Market 197 Days Sale Verification Date 5/2/2024
Book/Page or Reference
Doc
Instr # 6484354 Sale Verification Source Shannon Rolquin w/ Coldwell
Banker Realty
Conditions of Sale Arm's length Sale History None in previous 3 years
Acres 5.00 Topography Heavily Treed
Land SF 217,800 Zoning E - Estates
Primary Frontage Feet 330 Flood Zone Zone AE
Primary Frontage Street 10th Ave NE Dimensions 330' x 660'
Utilities Well, Septic Shape Rectangle
Encumbrance Or
Easement
40472520000
Land Comparable 3
Treed parcel located along the south side of 10th Ave NE. Parcel is entirely uplands according to Informal Wetland
Determination dated August 9, 2022 prepared by Tropical Environmental Consultants. Parcel was listed in April 2023 for
$375,000. Buyer has since split the lot into two 2.50 acre parcels and is building two single-family homes.
Site
Comments
30' wide ROW easement along the northern property line (10th Ave NE).
Transaction
Page 2331 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ID 8486 Date 4/19/2024
Name 2020 20th AVE NE Price $210,000
Address 2020 20th AVE NE Price per Acre $77,000
City Naples Transaction Type Closed Sale
Grantor Rosa A Maldonado Hernandez and
Rogelio Arreguin
Financing Cash
Grantee Thomas M. Owen Property Rights Fee Simple
Tax ID 37867600001
Days on Market 4 days Sale Verification Date 5/2/2024
Book/Page or Reference
Doc
Instr #6536433 Sale Verification Source Melissa Turner w/ RE/MAX
Gulf Coast Living
Conditions of Sale Arm's length Sale History 3/2022 - $155,000
Acres 2.73 Topography Heavily Treed
Land SF 118,800 Zoning E - Estates
Primary Frontage Feet 180 Flood Zone Zone X
Primary Frontage Street 20th Ave NE Dimensions 180' x 660'
Utilities Well, Septic Shape Rectangle
Encumbrance Or
Easement
Transaction
Land Comparable 4
30' wide ROW easement along the northern property line (20th Ave NE).
Site
Comments
Heavily treed parcel located along the south side of 20th Ave NE. There is 0.25 acres of wetlands according to Informal
Wetland Determination dated August 16, 2021 prepared by Tropical Environmental Consultants (TEC). According to TEC, the
wetlands are located along the eastern border near the center of the site and there is sufficient space for the location of a
single-family home without wetland impacts. Construction within a 25' buffer of the wetlands would require a verification of
exemption through the DEP. Parcel was puchased in March 2022 for $155,000 and listed in April 2024 for $220,000.
Page 2332 of 4908
VANDERBILT BEACH ROAD EXTENSION PHASE II ADDENDUM C - COMPARABLE DATA
ID 8474 Date 3/11/2024
Name 14th ST NE Price $225,000
Address 14th ST NE Price per Acre $82,500
City Naples Transaction Type Closed Sale
Grantor Robert A. Frascarelli Financing Cash
Grantee Satyaprasad S. and Suseela Devalla Property Rights Fee Simple
Tax ID
Days on Market 1 year Sale Verification Date 5/2/2024
Book/Page or Reference
Doc
Instr # 6518801 Sale Verification Source Greg Lammert w/ Keller
Williams Elite Realty 2
Conditions of Sale Arm's length Sale History No arm's length transactions
in previous 3 years
Acres 2.73 Topography Heavily Treed
Land SF 118,800 Zoning E - Estates
Primary Frontage Feet 180 Flood Zone Zone X
Primary Frontage Street 14th St NE Dimensions 180' x 660'
Utilities Well, Septic Shape Rectangle
Encumbrance Or
Easement
39268520005
Heavily treed parcel located along the west side of 14th St NE. No Informal Wetland Determination on file. Listing agent
reported the site was uplands. FDEP map shows freshwater forested/shrub wetland in rear of site. Parcel was listed in January
2023 for $299,000 and reduced multiple times, finally to $248,900 in December 2023.
Comments
Site
30' wide ROW easement along the eastern property line (14th St NE).
Transaction
Land Comparable 5
Page 2333 of 4908
PROJECT
PARCEL:
FOLIO:
60249 - Vanderbilt Beach Road Extension - Phase 2
1375FEE
40578520001
PURCHASE AND SALE AGREEMENT
(partial fee simple)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this
-
day of August,
2024, by and GAY LEONARD, f/Ua Gay Luks, a single women, whose mailing address is 21440 Laguna Drive,
Boca Raton, FL 33433, ("Selle/'), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FL34112
(the "County").
Recitals
A. Seller owns certain real property in Collier County, Florida, commonly known as Tract '110, of
Golden Gate Estates Unit No.75, according to the Plat thereof as recorded in Plat Book 5, Page 'l'1, of the
Public Records of Collier County, Florida, (the "Property"); and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit "A"
attached hereto (the "Parcel").
NOW THEREFORE, the parties agree as follows
'1. AGREEMENT TO SELL AND PURCHASE. Seller hereby aorees to sell, and the County hereby
agrees to purchase the Parcel on the terms and conditions set forth in this Agreement.
2. COMPENSATION
A. Amount. The compensation payable by the County for the Parcel shall be $143,500.00,
subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement,
together with statutory attorney fees in the amount of $8,349.00 made payable to Bartlett, Loeb, Hinds &
Thompson, PLLC. No portion ofthe compensation is attributable to personal property.
B. Full Comoensatron. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation, all
improvements located on the Parcel as of the date of this Agreement; and (ii) full and final seftlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Parcel to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
A. Closinq Date. Seller's conv eyance of the Parcel to the County (the "Closing") shall occur within
30 days of the County's receipt of all properly executed Closing Documents (derined below). TIME lS OF THE
ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division,
2885 Horseshoe Drive South, Naples, Florida 341M.
B. No Adverse Chanqes: Risk of Loss. The Cou nty's obllgation to close shall be contingent upon
the County having determined that, between the date that the County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Parcel, or other matters previously approved by the County. Between the date of the
parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. lf the Parcel is
damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Parcel
at Seller's expense.
3. CLOSING OATE: POSSESSION.
1
Page 2334 of 4908
and in substantially the same condition as exists on the date of Seller's execution of this Agreement The
County shall have the right to inspect the Parcel prior to Closing.
4. CLOSING DOCUMENTS. As soon after the pa(ies' execution of this Agreement as is possible,
Seller shall 0Droride thecounty wtth a copy of Seller's property survey and title insurance policy for the
property, if airy, and (ii) deliver ihe fottowing documents to the County, properly executed and in a form
approved by the Collier County Attorney's Office (the "Closing Documents"):
b
c
d
e
Warranty Deed;
Closing Statementi
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence of Iegal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
A Satisfaction. Partial Release, or Terminataon from the holder of each mortgage or other lien
open of record encumbering the Parcel;
A Partial Release or Termination of any leases or rental agreements that encumber the Parcel:
A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel,
if required by the County; and
Such other documents;s the County or title company deems necessary or appropriate to clear
title to the Property.
(0
o
h
(i)
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County o1title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. CLOSTNG COSTS ND DEDUCTIONS
A. Countv's Closinq Costs. At Closin g, the County shall pay (i) the recording fees to record the
conveyance instrument(s) and any cu rative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County el ects to obtain one. Additionally, the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of p
the Property
fees."
roperly executed Satisfaction, Releases , or Terminations of any liens open of record encumbering
The County shall have sole discretion a s to what constitutes "reasonable costs and/or processing
B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accordance with Section 201.01, Florida Statutes, unless the
property is acquired under the threat of condemnation, in which case the conveyance is exempt from state
documentary siamp taxes; (ii) any apportionment and distribution of the full compensation amount provided
for in this Agreement thal may b6 required by any mo(gagee, lien holder, or other encumbrance holder as
payotf, payd-own, or for the protection of its security interest, or as consideration due to any diminution in the
i,aire oi iti property right; (iil) all taxes and assessments that are due and payable; and (iv) the full amount of
condominium/homeowner association special assessments and governmentally imposed liens or special
assessments (other than CDD/MSTU assessments) which are a lien or a special assessment that is certain
as to the iOeniity of the lienor or assessor. the property subject to the lien or special assessment, and the
amount of the lien or special assessment. lf the Property iS located within a Community Development District
("CDD") or Municipal Service or Beneflt Taxing Unit ("MSTU"), the County shall assume any outstanding capital
balance on the Parcel.
C. proralions. The following items shall be prorated as of the date of Closing. with the County
entitted to the d-ate of Closing: (i) ad valorem taxes based upon the most current assessment available, without
discount, provided that if the current year's tax bill is not yet available, but a TRIM Notice has been issued, the
ad-valorem taxes shall be prorated based upon the amount set forth therein; (ii) condominium/homeowner
assocjation assessments (other than those required to be paid in full under subparagraph B of this paragraph),
and (iii) CDD/MSTU operating and maintenance assessments.
2 oa,
Page 2335 of 4908
A.Relocation.selleragreestorelocateexistingirrigation,electrical,orothersystemslocatedon
the parcet, if any, inctuding, uut noiimitJO-to, iirlgaiion tine"Isptiikler valves, electricalwiring, etc ("Systems")'
ffi; i" 6; ";ri;;n""r"it ot -n"trutton, wit[out any turther notification from the Countv. Seller assumes
iuii r"iponrioiritv for the retocatioi'oiirr Svit"r. and theit performance on the remainder property after
relocation. Seller holds tn" county t"-r"Js to,. any and all possible damage to the systems in the event
Setter fails to relocate the Systems prior to the commencement of construction.
B. Retention of tmorovements. seller acknowledge_s that the county has compensated seller for
the value of all improvements and-E-ndscaping ("lmprovemenis") located within the Parcel, and yet the County
i" rlf lng to permii Seller to s"tuag"
"aiO
tmpiovements provided same are removed from the Parcel prior to
if," *rriren""r"nt of constructt'n. lf Seller elects to retain any lmprovements located on the Parcel, Seller
;;6;;;i;i; f"r tt eii remorat prior to ttre commencement of construction, without any further notification from
the County. All lmprovements ra."ining on the Parcel atthe time of commencement of construction shall be
deemed abandoned bY Seller.
C. This section shall survive Closing and is not deemed satisfled by conveyance of title
7. lNeEgMNg.
A. lnspections. Following the date of the parties' execution of this Agreement' the county shall
have the right, at its sote cost anJ "ip"n"", to conduci whatever investigations and inspections ofthe Parcel
in"t- ii 0""'rJ appropriate, incfrOffi,- *iit out limitation, a title examination, property survey, appraisal,
environmental assessments, "ngin".iinJ
itudies, soil borings, determination of compliance of the Parcel with
"piiiJ"Or"ij*r,
rrd ah" tiku. dti;; "h"i
providethe Counf with reasonable access to the Parcel to conduct
oilsite inspecflons. rne countyinati piomptty repair any damage to the Parcel caused by such on-site
inspections.
B.countv,sRiohttoTerminate.NotwithstandinganythinginthisAgleementtothe.contrary,the
County'i outig;ion; und; thisT;Effient to purchase -the 'Parcel are contingent upon the Countv's
satisfaction with the parcet, in"f raing
-;iii,ort
limitation, as revealed by the County's investigations and
inspections as set forth n"r"in
-li,
piiJ, io tne ctosing, the county idenrifies ,ly "bl:.il"l1?:.mafters
and
oeGimines tnat such objections can;ot uJ resotved toihe County's satisfuction through reasonable diligence'
*it-nin " i"""on"ble period ot time, anJ at i reasonable cost, all as determined by the County in its sole
discretion, the county shall have the right to terminate this Agreement by written notice to seller, whereupon
,"iin"i p"rty shall thereafter n"*
"nV
iigi t. or obligations un-der this Agreement The County may, but shall
nofoe rlqui,'eo to, provide Seller with an opportunity to rectify such objections'
6. lRRt GATION SYSTEM ND MISC ELLANE OUS IMP ROVEM NTS
I SELL R'S RE ESENTAT ONS ANO WARRA NTIES. Seller makes the following
representations and wananties on the date of Seller's execution o f this Agreement. and shall be d eemed to
have repeated same at Closing:
(a)SelleristhesoleowneroffeesimpletitletothePropertyandhasfullrigh(power,andauthority
to own and operate ite-eroperty, to er"crt" this Agreement, and to fulfill seller's obligations
under this Agreement and the Closing Documents
(b) No tenant or other party has any right or option to acquire.the P"l.""l?] t:,:::-Ty the Parcel' or'
if appticabte, settei snitt disclo6e iame to the county in the applicable closing Documents.
(c) Selleis title to the Property is free and clear oJ all mortgages and other liens and encumbrances,
except as may Oe aeiiosdO in the title commitment, title ieport, or attorney title opinion obtained
or to be obtained prior to the Closing'
(d)BetweenthedateofSeller,sexecutionofthisAgreementandtheClosing,Sellershallnotdo
anythingtoencumberthetitletotheP'operty,orconveytheParceltoathirdparty,orgrantto
any third p"tty
"ny
ight" of any kind wiih r;spect to the Parcel' or do anything to change or
3
Page 2336 of 4908
permit to be changed the physical condition of the Parcel, without in each instance obtaining the
County's prior written consent, which may be granted or withheld in the County's sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Parcel shall remain in efiect following the Closing.
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(S) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Prop€rty has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notace and otheMise has no knowledge of any existing or threatened
environmental lien against the Property.
(h) None of the improvements located on the Parcel, if any, encroach upon adjoining properties,
and no improvements located on adjoining properties encroach upon the Parcel.
9. DEFAULT: REMEDIES. lf either party fails to perform any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereof from the non{efaulting party,
the non-defaulting party shall have the right to terminate this Agreement by glving written notice of termination
to the defaulting party: without limitation of any other rights and remedies available to the non{efaulting party
at law or in equity, including, without limitation, the right to seek specific performance, and to recover damages,
including attorney fees and court costs, in connection with such defaulti all rights and remedies being
cumulative.
11. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing.
12. GENERAL PROVISIONS.
A. Successors and Assions. This Agreement shall inure to the benefit ofand be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B- Assionment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other parly.
C. Entire A reement. Thi s Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. AII amendments to this Agreement must be in writing and signed by both parties
4
.CA
10. INDEMNIFICATION: WAIVER OF CLAIMS. Seller shall indemnify, defend. and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs,
suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement
or in any of the Closing Documents if untrue: or (ii) Sellels failure to perform any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries,
accjdents or other incidents occurring on the Property prior to Closing.
Page 2337 of 4908
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations,
shall survive the Closing-
G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
l. Governino Law: Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
Date a
LEO D
2024 COUNTY: COLLIER
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
By
Deputy Clerk
Approved as to form and legality
DEREK D, PERRY, ESQ.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
CHRIS HALL, Chairperson
5
o
Last Revised 3/22123
"^
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
2024 SELLER:
Date:
)
Page 2338 of 4908
EXHIBII A
-Pase 1-of 11
'12TH AVENUE N.E
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VANDERBILT BEACH ROAD
srt t2+29 sra !e5+55
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SQ.FI.
FEE
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PROPOSED FEE SIMPLE ACAUEMON
OFFICI^L RECORDS (BOOX/PAGE)
PROPOSM FEE SIMPLE P^RCEL
E
S
IE - ROYI
oAIED/EI luD I 04/23 /2021
LEGAL DESCRIFnON FOR PARCEL 1375fEE
A PORTION OF IRACT 11O, GOI.I)E{ GA'IE ESIAIES UIiII 75, AS RECORDED IN PLAT BOOX 5, PACE
. Or lHr puguc neconos or coLUER couNTY, FLoRIDA LYING lN IECJION 31' Toffi'ElllP 4a
so'unr, mlrcr ie EAsr, coLUEn couNTY, FLoRTDA, BRNG rloRE P RncUtARLY DESCRIBD As
FOLLO S:
THE SOrrTlr 100 FEr OF SAl0 TR^CI 110.
CONTAINING 33,OOO SQI.JARE FEET, ASO BEING 0.75 ACRES' MORE OR LISS.
..*'jr"t".,. Digitallysigned
-..':Ul+ial.d', by Michael
-J r ,''rs '.,/ i , -: Ward
iai lll/' iF.!o"t",
',1j,,;\*.!sp:;1*':j 2024.u.23
',:;*,,1.1::-r'r 1 4:o2:37 -o4,oo,
rl'ua a nxo PicEwr ulo SnEronnmEedr^,r.lcEr'*^,f,o'!l,o!SKEICH & DESCRIPTION ONLY
NOI A EOUNOARY SURVEY
FORi CoLUm couNTY GOVERNIENT EOT,RD OF COUNTY coVMlSSrcNmS
5t,06 so. Fr.
!rE
EEit-5E
Fio?ostD
PlaCE- rrlflr
VTNDEBBILT BEACE ROI.D UIENSIONAEASE tr
SNSIEE & DBSCBIPI'IoN or: PnOPoSE) FB SIIPLE
acqrlsmoN
PlncEL rsT6rEE
COUJEE COUNTT, TU)RIDA
m N+.!Fb&glol
PruE: (zro) s9r{575 F1\)( (239) s7.c5,'l
JOg NUUEER
060119.0E-00
REYSION
0l
SECIION
31
TOV9lSUtP
4AS
RANCE
z8t
SCILE olE
03/o1/21
DRASI{ BY
TAT
BL.E NAIIE
s(1rsfrE
SHEFI
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o.a
TRACT IIO
GOI.I€N GAIE ESTAIES
uNn 75
HrT mx 5 PtoE ll
TRASI 99
GO[DCN GAIE ESIATES
UNrI 75PratglPxfrr
rRrcr I 't 7IIE, altrEaoi lcalz
Page 2339 of 4908