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Agenda 12/11/2012 Item #16A2212/11/2012 Item 16.A.22. EXECUTIVE SUMMARY Recommendation to approve the purchase of easements required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $14,400). OBJECTIVE: To obtain approval of the Board of County Commissioners (Board) to purchase a Road Right -of -Way, Drainage and Utility Easement (hereinafter referred to as "RDUE ") required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard and a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE ") to facilitate a smooth transition from the new edge of pavement to the owners' driveway. CONSIDERATIONS: The required RDUE is needed along the southern property line of the East 150 feet of Tract 54, Golden Gate Estates, Unit 78, and contains a total of 4,350 square feet (.10 acres). Using the most recent comparative sales data, the Division of Transportation's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the RDUE area using an estimated unit price of $6,000.00 an acre. His estimated current market value of the RDUE is $600.00; however, combined with an aggregate contributory value of $6,300.00 (for site improvements currently located within the proposed RDUE that include but are not limited to fencing, lighting, landscaping and irrigation) and a Cost to Cure in the amount of $7,000.00 (to move the gate and electronic gate controller deeper into the property, together with extension of the fence and reconfiguration of the light fixtures and wiring), the total appraised compensation estimate for the proposed RDUE is $13,900.00. The required TDRE, containing a total of 300 square feet (.006 acres), is needed to construct a smooth transition from the road right -of -way to the owners' property. Several years ago the Collier County Transportation Division invited the owners, Roberto Pantaleon and Nayvi Fernandez Pantaleon, to discuss the sale of the required easements to the County and, through continued negotiations, the owners have agreed to sell the required easements to Collier County for the purchase price of $13,900.00. A nominal consideration of $10.00 for the TDRE is included in this purchase price. Staff is recommending that the Board purchase the required easements from Mr. and Mrs. Pantaleon for the purchase price of $13,900.00. FISCAL IMPACT: The fiscal impact is in an amount not to exceed $14,400.00 and includes the $13,900.00 negotiated purchase price; a title search fee, a title insurance premium, lender subordination fees, and recording fees not to exceed $500.00. Source of funds is road impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -2342- 12/11/2012 Item 16.A.22. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. - JW RECOMMENDATION: That the Board approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the Board, accept the conveyance of Parcels 482RDUEA and 482TDREA and authorize the County Manager or his designee to record same in the public records of Collier County, Florida, authorize the payment of all costs and expenses necessary to close the transaction, authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreement; and authorize any and all budget amendments required to carry out the collective will of the Board. Prepared by: Deborah Farris, Sr. Property Acquisition Specialist, Right -of -Way Acquisitions, Transportation Engineering Services, Growth Management Division Attachments: (1) Easement Agreement (complete with Exhibit "A "), (2) Location Map, (3) Appraisal Packet Page -2343- 12/11/2012 Item 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22. Item Summary: Recommendation to approve the purchase of easements required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $14,400). Meeting Date: 12/11/2012 Prepared By Name: FarrisDeborah Title: VALUE MISSING 11/2/2012 10:37:54 AM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 11/2/2012 11:18:21 AM Name: GossardTravis Title: Superintedent - Roads & Bridges,Transportation Eng Date: 11/5/2012 10:25:35 AM Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 11/7/2012 4:16:12 PM Name: LynchDiane Title: Administrative Assistant Date: 11/8/2012 2:52:12 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 11/8/2012 3:29:04 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 11/8/2012 3:37:46 PM Packet Page -2344- Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 11/8/2012 4:17:31 PM Name: ShueGene Date: 11/9/2012 9:26:02 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/14/2012 9:23:13 AM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 11/29/2012 8:01:00 AM Name: KlatzkowJeff Title: County Attorney Date: 11/29/2012 3:42:28 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/2012 5:11:19 PM Name: OchsLeo Title: County Manager Date: 12/1/2012 2:49:20 PM Packet Page -2345- 12/11/2012 Item 16.A.22. 12/11/2012 Item 16.A.22. PROJE CT: Golden Gate Boulevard #60040 PARCEL No(s): 482RDUEA & 482TDDA15A FOLIO No(s): Portion of 40744240005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 20_, by and between ROBERTO PANTALEON and NAYVI FERNANDEZ PANTALEON, his wife, whose mailing address is 4189 Golden Gate Blvd East, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility Easement and a Temporary Driveway Restoration Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easements "); and WHEREAS, Owner desires to convey the Easements to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easements. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easements to County for the sum of: $13,900.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easements conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system, electric gate, fencing and other improvements, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed and notarized, where required, in a form acceptable to County (hereinafter referred to as "Closing Documents ") nitial Packet Page -2346- 12/11/2012 Item 16.A.22. Page 2 (a) Road Right -Of -Way, Drainage and Utility Easement; (b) Temporary Driveway Restoration Easement; (c) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easements; (d) Closing Statement; (e) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit; (f) W -9 Form; and (g) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller." 5. Owner agrees to relocate any existing irrigation system, electric gate and fencing located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system, electric gate and fencing on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system, electric gate and fencing in the event owner fails to relocate the irrigation system, electric gate and fencing prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easements, Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easements prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: W (a) Owner has full right, power and authority to own and operate the property underlying the Easements, to enter into and to execute this Agreement, to execute, deliver and perform his/her obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. Initial Packet Page -2347- 12/11/2012 Item 16.A.22. Page 3 (b) County's acceptance of the Easements shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easements or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owners representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easements to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easements except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easements to be sold to County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owners representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. Initial Packet Page -2348- 12/11/2012 Item 16.A.22. Page 4 County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien- holders and /or easement - holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien - holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees ". 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easements in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easements before the Easements held in such capacity are conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easements, or any interest in the property underlying the Easements, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. i Initial REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Packet Page -2349- 12/11/2012 Item 16.A.22. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: IV � C Z is r� W'rtness (Signature) (GEC- ( Name (Print or Ty e) f %w✓ Witness (Signature) Name (Print or Type) Witness (Signature) Name rint or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: I �/Sistant County Attorney Last Revised: 04/20/2012 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman 0BERT ALE ON Oil I'M' Uj-) N RNANDEZ PAT LEON Packet Page -2350- .12/11/2012 Item 16.A.22. F 0 N 8' W E CARLSON & PALOS S S OR 1733/2144 SNELLGROSE PANTALEON & PANTALEON OR 2839/2747 OR 3946/3683 moT-A r Pap°= 01.21 EAST 150' OF TRA T 55 8 TRACT 54 TRACT 54 p GOLDEN GATE ESTATES UNIT 78 PLAT BOOK 5 PAGE 16 8 i PROPOSED ROADWAY EASEMENT PARCEL 482 RDUEA 4.350 SO. Fr. r� 29' 297 +0D 2 V+111'ell+z 300 +00 1 311+00 302 +00 GOLDEN GATE BOULEVARD (CR 876) S0, FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK /PAGE) ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) 7EO4 _ ROW EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16 FS 0 ' 2W LEGAL DESCRIPTION FOR PARCEL 482 RDUEA A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RFCOROS OF COI I IFR COUNTY. FLORIDA. LYING IN SECTION 4. TOWNSHIP 49 SOUTH, RANGE 28 EAST, . COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE EAST 150 FEET OF SAID TRACT 4. CONTAINING 4,350 SQUARE FEET, MORE OR LESS. 0 40 so 18o e.: /Iff A. +weo sNo. 53rt r wPP6x SKETCH &DESCRIPTION ONLY FLD9a A. Wl na+ ra. sbf NOT A BOUNDARY SURVEY SCALE: 1'- 80'"""0 °NTE !J FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �°�DA AMST MM P [ YAPPER. s� a AND GOLDEN GATE BOULEVARD no"m SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i tiL'i't�i s:A Ios�i6, PARCEL 482A RDUE 6610 WiW Pnk Dow, Suke 2DO COLLIER COUNTY, FLORIDA Ph—RM3974 �s FAXAR)sw-om LB No.: 6952 JOB NUMBER REVISIOT-- SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 D001 REV 01 04 49 �R = Rn' nFr 2009 S.R. SK 482A 1 OF 1 Packet Page -2351- I 0 i a 0 ;3 TRACT 37 e i I � If I S Y n 12/11/2012 Item 16.A.22. CARLSON & PALOS OR 1733/2144 SNELLGROSE I PANTALEON & PANTALEON OR 2839/2747 OR 3946/3683 EAST 150' OF TRACT 54 TRACT 54 GOLDEN GATE ESTATES UNIT 78 PLAT BOOK 5 PAGE 16 WEST LINE OF EAST 150' OF TRACT 54-, POINT OF I L4 BEGINNING I SOUTH LINE OF F,+I�/, TRACT 54 POINT OF COMMENCEMENT ?95 +00 296 +0 297 +00 L1 Pap =— TRACT 55 N W E S PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT PARCEL 482 TDREA 300 S0. 7. LS (NORTH LINE OF SOUTH 79 OF TRACT 541 GOLDEN GATE BOULEVARD (CR 876) SO, FT. SQUARE FEET L1 N89'30'51 "E 179.84' OR OFFICIAL RECORDS (BOOK /PAGE) L2 NOO'29'09 "W 79.00' PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) L3 N89'30'51 "E 61.73' L4 N00'29'09 "W 15.00' ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L5 N89.30'51 "E 20.00' ®EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 500'29'09 "E 15.00' USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 16 L7 S89'30'S1 "W 20.00' LEGAL DESCRIPTION FOR PARCEL 482 TDREA A PORTION OF TRACT 54, GOLDEN GATE ESTATES. UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER SAID TRACT 54; THENCE N.89'30'51 "E., ALONG THE SOUTH LINE OF SAID TRACT 54, FOR 179.84 FEET TO A POINT ON THE WEST LINE OF THE EAST 150 FEET OF SAID TRACT 54; THENCE N.00'29'09 "W., ALONG SAID WEST LINE, FOR 79.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 79 FEET OF SAID TRACT 54; THENCE N.89'30'51 "E., ALONG SAID NORTH LINE, FOR 61.73 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; TECM — ROW THENCE N.00'29'09 "W., FOR 15.00 FEET; O' 201 THENCE N.89'30'51 "E., FOR 20.00 FEET; FS THENCE S.0929'09 "E., FOR 15.00 FEET TO A POINT ON SAID NORTH LINE; THENCE S.89'30'51 "W.. ALONG SAID NORTH LINE, FOR 20.00 FEET TO THE POINT OF Bq4NNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 300 SQUARE FEET, MORE OR LESS. 0 40 so 160 BY. SKETCH & DESCRIPTION ONLY wN+o. SURV oa t UNIPS nanw �astMnor+, . 001 NOT A BOUNDARY SURVEY scale: 1"-80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A�w � �E OR � m of AND GOLDEN GATE BOULEVARD DIX A SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY i ;Ltl�r rr j t ft PARCEL 482A TDRE RESTORATION EASEMENT ssiowuwr.toira,sw.zoo COLLIER COUNTY, FLORIDA N'p7 '575 F X- ° iwons: (�I sc�-0srs cuc: (2�1 =7-WS LB No.:S M2 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 050217.00.01 0001 REV 01 04 49 oa r an' ncr 2009 S.D.L. SK 4B2ATDRE 1 OF 1 Packet Page -2352- 12/11/2012 Item 16.A.22. LAND APPRAISAL REPORT a cGB 60040 V o..-nno..oni is Borrower Owner. Pantaloon Census Tract 104.12 Map Reference S4- 749 -R28 Property Address 4189 Golden Gate Blvd E. City Naples County Cother State FL Lp Code 34120 Legal Description Golden Gate Estates Unl 78 E 15011 of Tract 54 Tax Folio #40744240005 Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z � ( Fee '❑ Leasehold De Minimis PUD Actual Real Estate Taxes $ 1,915.23 (yr) Loan charges to be paid by seller $ NIA Other sales concessions N/A Lender /Client Collier County Government/Growth Mnomt Div. Address 2885 South Horseshoe Drives Natures FL 34104 Occupant Owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Compensation, Land and affected nm rovemerdi crtt . Subject Is kinpiroved with a sd ngle-fairinfly dwaillim which Is not W penclad by the propowd partial takim pamel to ' Location L_i Urban Suburban Lj Rural Good Avg. Fair Poor Built Up ❑ Over 75 %i -25% to 75% ❑ Under 25% Employment Stability ❑ Growth Rate ❑ Fully Dev. ❑ Rapid ❑Steady Slow Convenience to Employment ❑ 1K ❑ ❑ Property Values ❑ Increasing ;SW* ❑ Declining Convenience to Stopping ❑ ❑ ® ❑ Demand/Supply ❑ shortage ] i in Balance ❑ O"imppty Convenience to Schools ❑ ® ❑ Marketing Time ❑ Under 3 Mos. S 4 -6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ ❑ ❑ Present Land Use 65% 1 Fartdly 2.4 Family _%Apis. _% Gornto_% Commercial Recreational Facilities ❑ ®❑ _% Industrial Vacant % Adequacy of Utilities ❑ ® ❑ _% _35% Change in Present Land Use F] Not Likely E, LD* n ❑ Taking Price r) Property ContriaUbility, ❑ ® ❑ ( *) From vacant To single- family Protection from Detrimental Conditions ❑ ®❑ Predominant Occupancy ® Owner ❑ Tenant 5- % Vacant Police and Fire Protection ❑ , 9 ❑ ❑ Single Family Price Range $ 85,000 to $ 300,000 Predominant Value $ 155.000 General Appearance at Properties ❑ ® ❑ ❑ Single Family Age 4 yrs. to 35 yrs. Predominant Age 20 yrs. I Appeal to Market ❑ Z ❑ ❑ Commends including those factors, favorable or unfavorable, affecting marketability (e g. public parks, schools, view, no se):The subject is bested on the north side of Golden Gate Boulevard in the eastem Golden Gate Estates area of outlying greater Naples (unnoorporrated Collier County). Golden Gate BouevarTd is, a nallayety WM thorafare. Essent al cervices (shopiong, prolfessoini offices) are within a 25 minute drive, lase rrterrenvice deveds tin fie area are mostly averaee Dimensions 150 x 680 = 2.34 Sq. Ft. or Acres L.1 Corner Lai Zoning classification E- Estates Present Improvements Z do ❑ do not conform to zoning regulations Highest and best use XI Present use Other (specify Public Oftir;eserlbe) OFF SITE IMPROVEMENTS Two Level Elec. F, ! Street Access ® Public ❑ Pnvate !Size Comoatible vvith erea Gas ❑ iSurface Macadam iSlrjapeRecpanrjulair Wate ❑ weft ;Maintenance ® Public ❑Private 1Vsw Natural San. Saws ❑ septic to ❑ Storm Sewer ❑ Curb /Gutter )Drainage Appears to be adequate ❑ lhidergrourd.Elect BTd.° ❑ Sidewalk ❑ Sbeer.I -j4#ds !Is the property located in a HUD Identified Special Fbal Hazard Area? Zii NoDives Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse condibons) Zone X Comm.120067 450G. Qtd 11/177D5 The subject site is improved with a sincle-family dwellina and associated site improvements: orily those urripmom mends within the take area are trimpaicited by bakilly parcel. The parent tract s sub ectto an existirect roacinivilay easement and "cal utility sieserrierus as well as rnirrenal rigthts of recmrd The undersigned has recited three recent sales o' properties most similar and proximate to subject and has considered these in the market .analysis.. The descrmbon includes a dollar adjustment reflecting Markel reaction to those items of significant variation between the subject and comparable omoerhes.. H a significant item in the comparable property is superior to or more favorable than the subject property, a minus ( -) adjustment is made thus reducing Me indicated value o! subject: A a significant item in the comparable is interior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject. imil t SUB,ECT PROPERTY COMPARABLE NO.1 CWPARAU NO, 2 COMPARABLE NO.3 Address 4189 Golden Gate Blvd E. S!S 12th Street NE 110 6th Street NE SIS 4th Avenue NE N FL 3 -1 Naples, FL 34120 Naples, FL 34120 Naodes FL 34120 In 3.60 miles W 4.37 mites W 1,62 miles VV Saks Nee $ NIA I 4.945fac ( = 6.557/ac 1 $ 5.727 Price 1 13 500 c 17 900 V c 13.000 Data Source MLS#212OU9172 MLS#212008498 Date of Sale and DESCRIPTION DESCRIPTION I+ t-)$ list DESCRIPTION !+ - + DESCRIPTION - S Ad'us!" TieAdluseneni N/A 1018112 Nominal 5125112 Nominal 6127112 Nominal Location G no GGE-o GGE-o nc GGE -out ', SiE 'VECe 2.34 acres 2.73 acres In S/ac 273 acres In Slat 227 acres In S /ac 1-11 E E E E 70 Level Level Level Level Sobs of Financing NIA Concessions Net Ad'. 6tali - - — - — - IndlGated Value 0 Subject Net: 4.945 Net SG ;S 6.557 Net "% is 5.727 Comments on Market Utz: See abacheo addenda. Comments and Conditions of Appraisal: The Sales Comparison Approach to Value as orven sole consideration ;n this reloorf Final Reconciliation Parcel 482aRDUE oartal takinct value estenate: S13 9LC0 I ESTMATE TW IMetV:T VALUE, AS REFIM,Jof mai=r fftWO r AS OF October 10 20 12 to be 5. 13.900 He" Henderson SRA ❑ Did `I Did Not Physically Inspect Property AporatserW Review Appraiser fd anokwblej 1Y2K) Goodkind 8 Swift, Inc. Form LND — 'Win7C -' — 1- 800-ALAMODE Packet Page -2353- 12/11/2012 Item 16.A.22. Sunnlemental Addendum RIP No par497AROUE Bonower,'Ckmt Owner. Pantateon I'mVerly Address a189 Gokaeen Gate Stvd E City Na {es Can Colirer State FL hp Code 34120 Lender Collier County Govemment/Growtn Mmmt Div • Land : Market Data The subject and comps are compared on a unit/price basis ($ /ac) thereby eliminating the need for direct size adjustments. All sales cited involve conforming GGE parcels (at least 2.25 acres) but less than 3 acres in size; all are located in outlying Golden Gate Estate areas. The sales cited show a unit/price range of $4,945 1acre to $6,557 /acre; a unit price of $6,OOOiacre is selected as most reasonable for the subject lands. The appraised value of the parent tract is therefore estimated to be $14,040. PARCEL482aRDUE The subject parcel is a roadway, drainage and utility easement strip having a depth of 29 feet and width of 150ft. It will be located along the parent tract'SGGB roadway frontage adjacent to the existing 50 -foot roadway easement. This type easement has a encumbrance factor of 99% of the fee interest. The size of the proposed easement is 4.350 sf or .10 acres. At the estimated unit price of $6,D00 1acre the easement parcel lands have a compensable value calculated as follows: $6.D00 /acre x 99% factor x .10 acre taking parcel = $600 (rounded). Site improvements within the proposed easement parcel include a section of asphalt paved driveway, fencing, landscaping, irrigation and fence lighting. The estimated contributory value of site improvements within the take area is estimated to be $6,300 (Inclusive). Cost to Cure The taking parcel reduces the distance of an electric driveway gate from the new ROW; this reduced distance prevents the property owner from safely closing or opening the gate while towing his boat trailer (he would be unable to stand his vehicle in the area between the gate and the new ROW as the gate is operating). Not only would this place a functional burden on the property but a traffic safety hazard might also occur if the trailered vehicle extended into the roadway during the gates operation. As such, the need for a cure is self- evident. The proposed cure would move the gate and gate controller deeper into the property to allow a trailered vehicle to safely stand in the area between the gate and new ROW. This cure also requires the extension of the fence at this location and reconfiguration of light fixtures and wiring in this area of the gate and fence. The estimated cost for this cure is $7,000 (net of site improvement items already paid for in the taking parcel). Total Appraised Compensation Estimate: $13,900 Form TADO — 'WinTOTAL^ appraisal sdfiware by a la mode, inc. — 1 -800-ALAMOY Packet Page -2354- 12/11/2012 Item 16.A.22. Main File No. P r.482a Parent Tract Aerial 1 Packet Page -2355- �I 3 E a � I 0 I 8 s I l g CARLSON & PALOS OR 1733/2144 SNELLGROSE PANTALEON & PANTALEON OR 2839/2747 OR 3946/3683 tr ' z 8 s EAST 150' OF TRACT 54 4 b I TRACT 54 i P GOLDEN GATE ESTATES UNIT 78 PLAT BOOK 5 PAGE 16 I PROPOSED ROADWAY EASEMENT PARCEL 482 RDUEA 4.1se so. t T 12/11/2012 Item 16.A.22. N w I` TRACT 55 -4- GOLDEN GATE BOULEVARD (CR 876) i SQ. FT. SQUARE FEET OR OFFICIAL 'RECORDS (BOOK /PAGE) ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TECM - POW �7 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FEB t L� USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 16 EB Q 1 20W M i LEGAL DESCRIPTION FOR PARCEL 482 RDUEA A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE EAST 150 FEET OF SAID TRACT 44 CONTAINING 4,350 SQUARE FEET, MORE OR LESS, 0 40 Bo 180 a +: A. L suPVt�o9 e SKETCH &DESCRIPTION ONLY 1(69 a 9ilN NOT A BOUNDARY SURVEY SCALE: V -80' fFOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �0 LOR M p PR MAPPO GOLDEN GATE BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT yo`S.ut��aTi d�P4 PARCEL 482A RDUE 61+0 waow P.k l>w, &ft 2W Nags, FIW ts34109 COLLIER COUNTY. FLORIDA Phone rMI91607-0OVS FAX: 92=) 397-0578 L0 w sw JOB NUMBER REVISION I SECTION TOWNSHIP RAGE I SLUE DATE DRAWN BY FILE NAME SHEET 50217.00.Ot 0001 REV Ot 04 49 Packet Page -2356- 2009 S.R SK 482A 1 OF 1 1 12/11/2012 Item 16.A.22. Location Map Borrower Client Owner. Pantaleon Property AddreSS 4189 Golden Gate Blvd E. city Naples County Cosier State FL Ti Code 34120 Lerider Collier County Government/Growth Mnqmt Div, a la mote int EOM Ghaj Rd CY-USS BAY ru S _ Wh A— SE - Sages': Me+fM. �m �m�.+v:„a.- z_ntu:WMV4 sA.'V. Form MAP10C — WinTOTAL' appraisal sBtiware by a la mode. ins. —1- 800- ALAMODE Packet Page -2357- Comparable S/S 4th # 3 Avenue NE 1.62 iniles tomparabtle. A-1 I Siss 12th St et 3.610 miles NE Subject 4189 Golden Gate f3lvei C. Comparable # 2 lit) 6th StTeet NE 4.?7 ntil�w ru S _ Wh A— SE - Sages': Me+fM. �m �m�.+v:„a.- z_ntu:WMV4 sA.'V. Form MAP10C — WinTOTAL' appraisal sBtiware by a la mode. ins. —1- 800- ALAMODE Packet Page -2357- 12/11/2012 Item 16.A.22. - . DEFINITION OF MARKET VALUE: The most probable price which a property should brng in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of t tle from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated, (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market, (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto, and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the com Parables must be made for special or creative financing or sales concessions No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs am readily identifiable since the selier pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect ender the property being appraised or the title to t. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title_ The property is appraised on the basis of it being under responsible ownership 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3 Tne appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5 The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid If they are so used 6 The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. T The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. B The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfacto completion, repairs, or alterations on the assumption that com pietion of the improvements will be performed in a workm anlik 3 manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can t istribute the appraisal report (including conclusions about the property value, the appraisers identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professionai appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraisers prior written consent The appraisers written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, pubic relations, news, sales, or other media rage 1 of 2 Fannie Mae Form 10048 6-83 Goodkind & Swift, Inc. Farm ACR_DEFD — 'WinT( • — 800 Packet Page - 2358 12/11/2012 Item 16.A.22. APPRAISER'S CERTIFICATION: The appraiser certifies and aorees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4 1 have no present or prospective interest in the property that is the subject to this report, and I nave no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a recuested minimum valuation, a sDecific valuation, or the need to approve a specific mortgage loan. 7 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in piece as of the effective date of this appraisal, with the exception of the departure provision of those Standards, whim does not apply I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. S. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known aaverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. 1 have not authorized anyone to make a change to any item in the report: therefore, it an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report . ADDRESS OF PROPERTY APPRAISED: 4189 Golden Gate Blvd E., Naples, FL 34120 APPRAISER SUPERVISORY APPRAISER (only if required): Signature: L t ' –' — Signature: Name: Harry Henderson. SRA Name: Date Sioned: October 10. 2012 _ Date Signed: State Certification #: RD3475FL: RG1153NJ State Certification #: or State License #: or State License #: State: FL State, Expiration Date of Certification or License: 11;30 /2012 E>yirabon Date of Certification or License: Did ❑ Did Not Inspect Property Freddie Mac Form 439 6 -93 Pape 2 of 2 Fannie Mae Form 1004B 6-93 Form ACR_DEFD — 'WmTOTAL' aporaisal software by a to mode, inc. — 1-800- ALAMODE Packet Page -2359- 12/11/2012 Item 16.A.22. LOCATION MAP Pantaleon property — 4189 Golden Gate Blvd. E. Folio #40744240005 Packet Page -2360-