Agenda 05/24/2011 Item #16A 35/24/2011 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a parcel of right -of -way, along with a temporary
driveway restoration easement, both of which will be required for the four - laning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact:
$9,500.00).
OBJECTIVE: To continue acquiring right -of -way in accordance with the adopted budget for the future
four -laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The subject right -of -way parcel (Parcel No. 482RDUEB), consisting of 4,350
square feet has been appraised by the Growth Management Division's Review Appraiser, Harry Henderson,
SRA. His estimate of full compensation is based on a land value of $743.00 ($7,500 per acre) together with
the contributory value of the site improvements located within the proposed right -of -way ($8,235) which
includes metal fencing, lighting, landscaping, driveway and fill and grade. The total compensation estimate
for the right -of -way is $8,978. The current assessed value of the subject property is $7,650 per acre.
Contact with the property owners regarding the sale of the right -of -way to the County was first made on
November 9, 2010. On April 16, 2011 the owners agreed to sell the required right -of -way to Collier County
for the purchase price of $9,000.00 which includes nominal consideration for the temporary driveway
restoration easement.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $9,500.00 and includes the $9,000.00
negotiated purchase price; a title search fee, a title insurance premium, lender subordination fees, and
recording fees not to exceed a total of $500.00. Source of funds are road impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority
vote for approval - JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf of the
Board;
2. Accept the conveyance of right -of -way Parcel No. 482RDUEB and temporary driveway restoration
easement Parcel No. 482TDREB and authorize the County Manager or his designee to record same in
the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. 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
5. 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 -257-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3.
5/24/2011 Item 16.A.3.
Item Summary: Recommendation to approve the purchase of a parcel of right -of -way,
along with a temporary driveway restoration easement, both of which will be required for the
four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard.
Project No. 60040 (Fiscal Impact: $9,500.00).
Meeting Date: 5/24/2011
Prepared By
Name: FarrisDeborah
Title: VALUE MISSING
4/26/2011 3:44:31 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 5/2/2011 10:49:09 AM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 5/2/2011 12:24:34 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 5/4/2011 10:41:14 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/10/20119:12:48 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/10/2011 10:22:22 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
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Date: 5/10/2011 11:03:48 AM
5/24/2011 Item 16.A.3.
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/11/2011 1:41:35 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/11/20114:05:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/20113:33:57 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/16/2011 10 :46:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/16/2011 1:06:31 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20114:35:32 PM
Packet Page -259-
5/2412011 Item 16.A.3.
PROJECT: Golden Gate Boulevard #60040
PARCEL No(s): 482RDUEB & 482TDREB
FOLIO No(s): Portion of 40744400007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2011, by and between
MICHAEL L. BOCKUS- and JANET L. BOCKUS, husband and wife, whose mailing
address is 49 Tomahawk Trail, Oswego, Illinois 60543 -9516 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "Purchaser ").
WHEREAS, Purchaser 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 Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the R
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:
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 Purchaser for the sum of:
$9,000.00
Subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). 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 Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes.
Prior to Closing, 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents ") on or before the
date of Closing.
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5/24/2011 Item 16.A.3.
Page 2
(a) Road Right -Of -Way, Drainage and Utility Easement;
(b) Temporary Driveway Restoration Easement;
(c) Closing Statement;
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easements. At Closing,
payment shall be made to Owner in that amount shown on the Closing Statement as
"Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in
a form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system, 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 Purchaser. 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, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser. Owner
acknowledges that Purchaser has compensated Owner for the value of the
Improvements and yet Purchaser is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and without
interruption or inconvenience to the County's contractor. All Improvements not
removed from the 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 Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, to enter into and to execute this Agreement, to
execute, deliver and perform its 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.
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5/24/2011 Item 16.A.3
Page 3
(b) Purchaser'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 Purchaser 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 Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the 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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
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 Purchaser.
(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 Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easements to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the 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 Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims.
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
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5/24/2011 Item 16.A.3.
Page 4
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees 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.
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 Purchaser, 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 Purchaser. (if the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
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 Purchaser.
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.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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5/24/2011 Item 16.A.3.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, Chairman
AS TO OWNER:
DATED: G -lip ( I
Witness (Signature)
Name (Print or Type)
(Witriess (Signature)
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Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature)
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f, 41% , ��l Q_ t,-D-
Name (Print or Type)
Approved as to form and
legal sufficiency:
B1' :_ t
Jeff W 'ght, Assistant County Attorney
MICHAEL L. BOCKUS
Packet Page -264-
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5/24/2011 Item 16.A.3.
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ON & PANTALEON —DIAZ
OR 3973/1743
TERRY
OR 2600/2087
TRACT 55
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
WEST 150' OF
TRACT 55
)SED ROADWAY EASEMENT
PARCEL 482 RDUEB
4,350 SU. FT.
I- -1
1 s +UU 299 +00 0 0 1 +00 302 +00 303 +00
GOLDEN GATE BOULEVARD (CR 876) I i
SO. FT, SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PACE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL '�'��(� _ROW
✓_ 11 USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 482 RDUEB
A PORTION OF TRACT 55, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUB:..:'.
RECORDS OF COL;_IER COUNTY,
FLORIDA, LYING IN SECTION 4, TOWNSHIP IS SOUTH, RANGE 28 EAST, ',O -LiER
COUNTY, FLORIDA, 9EING MORE PARTiCULARLY.UESCRIBEL
AS FOLLOWS.
THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE WEST 150
FEET OF SAID TRACT 55.
CONTAINING 4,350 SQUARE FEET, MORE OR LESS.
/
0 40 80
160 By
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
SCALE: I " =d0'
140WL A. WARD, PROFESSIONALS RVEYOR L MAPPER
FLORIDA REGISTRATION CER❑ t:ATE 5301
SIGNING DATE: /
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE ORIGINAL SIGNATU & SED EMBOSSED SEAL DF
A FLORIDA REGISTERED PROFESSIONAL SU OR AND MAPPER.
GOLDEN GATE BOULEVARD
urc
SKETCH & UF.SCRIPTION OF: PROPOSED ROADWAY EASEMENT
Pluming .
PARCEL 4828 RDUE
CONSULTING Cirii Png mng
L\ T 71 1 S m Y4 & mat>tnng
COLLIER COUNTY, FLORIDA
6610 WWow Pwk Drlva, Suile 200
Naplea,FloddR34109
Phone: (239) 597.0575 FAX: (239) 597.0576
JOB 00.01 R
REVI9QN
SECTION
TOWNSHIP
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DRAWN BY
LB No.: 6052
FILE NAME
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REV 01
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PANTALEON 8:
PAN TALEON - DIAZ.
OR 3973/1743
WEST 150' OF
TRACT 55
5/24/2011 Item 16.A.3.
TERRY
OR 2.600/2087
SO. FT.
OR
F
GOLDEN GATE BOULEVARD (CR 876)
SQUARE FEET
OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE,`
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE. OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
LINE TABLE
LINE _ BEARING LENGTH
TRACT 54
N00 29'0.', "W
--j9.00�
L2
N89'30'St "f
71:81' —
L3
NOU'29'09 "YJ
TRACT 55
TRACT 73
,j
2r on'
_5.00',
`'0000'
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK
5 PAGE 16
WEST LINE OF
Temporary
Driveway Restoration
-
TRACT 55�
Easement
- Duration 3 year3
from
"
s
commencement
of constructs
n
PROPOSED TEMPORARY
DRIVEWAY
RESTORATION EASEMENT
PARCEL 482 TDREB
0
-
100 S0. FT.
I
g
—� —.
POINT OF L3-
I
NORTH LINE OF
SOUTH 79' OF
BEGINNING f
14
TRAC( 55
L2
L6
--
29'
N
POINT OF
C' OMMENCEMENT
50
-
-- �-
_�_ 2181
00 } 299 +00
3 +
// 3
1 +00 302 +00
303 +00
SO. FT.
OR
F
GOLDEN GATE BOULEVARD (CR 876)
SQUARE FEET
OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE,`
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE. OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
LINE TABLE
LINE _ BEARING LENGTH
L1_
N00 29'0.', "W
--j9.00�
L2
N89'30'St "f
71:81' —
L3
NOU'29'09 "YJ
= i.00I'�
" L4 _
v L5
L6
N89'30'51 "E
200'29'09"E
S89'30'51 "W
2r on'
_5.00',
`'0000'
LEGAL DESCRIPTION FOR PARCEL 482 TDREB
A PORTION OF TRACT 55, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE P! LC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING !N SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLi -R
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 55;
THENCE NAO'29'03 "W., ALONG SAID WEST LINE FOR 79.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 7
FEET OF SAID TRACT 55;
THENCE N.89'30'51 "E., ALONG SAID NORTH LINE. FOR 71.81 FEET TO THE PO 8
DESCRIBED PARCEL; DF _F,C11t1�t�liNG OF THE HEREIN
THENCE N.00'29'09 "W., FOR 5.00 FEET; FEB 0 1 2R21�0J/1OWY
THENCE N1.89'. , 'E. FOR 20.00 FEET.
THENCE ,_00'29'09 'E.. FOR 5.00 FEET TO A POINT ON SAID NORTH LINE;
THENCE S.89'30'51 "W., ALONG ,AID NORTH LINE, FOR 20.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 100 SQUARE FEET MORE OR LESS.
O 40 80 'Go
�� _
SKETCH & DESCRIP'tI01J ONLY s
NOT A BOUNDARY SURVEY MICHAEL A.. WAR PROFESSIONAL SURVEYOR X MAPPER
FLORIDA REGISTRATION DEBT' .C, 0. 5307
SCALE:
MMIS LONE' SIGNING RGIN �ZI E : / /ice
FOR: COLL!_R COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS rvoT vnuO wlnauuT THE oaicuuL sjcnA: I E a� ^RASED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SU VETC AND MAPPER.
GULDEN GATE BOULEVARD ��� INC, T�
SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY / P)r�
VisuAl'vapou
PARCEL 482B TDRE RESTORATION EASEMENT -AL %Si i1 i R B"s1O — .
cxyug & rTay�nR
COLLIER COUNTY, FLORIDA 5910 PAnow Park Drive, SURe 200
Naples, Florid. 34109
Phone: (239) 597 -0575 FAX: (Z39)597-0570
JOB NUMBER REVISION SECTION TOWNSHIP RAN" ���, _...._ LB No.: 5952
'0217.00.01 0001 REV 01 04 DRAWN BY FlLE NAM -c SH_ET
49 2t Packet Page - 266 -nog s.D.L s1< 482e?DRE , OF
5/24/2011 Item 16.A.3.
LOCATION MAP
Bockus property - 4221 Golden Gate Blvd. E.
Folio #40744400007
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5/24/2011 Item 16.A.3.
LAND APPRAISAL REPORT GGB 60040
Filp Nn Par.482b ROUE
Borrower Owner: Bockus Census Tract, 104.12 Map Reference S4-T49-R26
Property Address 4221 Golden Gate Blvd E.
City Naples County Collier - State FL Zip Code 34120
Legal Description Golden Gate Estates Unit 78 W 150ft of Tract 55 Tax Folio #4074440000
- Gate . .......... - ...........
i WA
Sale Price S N/A Date of Sale NIA can — yrs. Property Rights Appraised E Fee ❑ Leasehold ❑ De Minimis PUID
Actual Real Estate Taxes S 1,183.50 (yr) Loan charges to be paid by seller S N/A Other sales concessions NIA
Lender/Client Collier County Government/Growth Mnomt Div. Address 2885 South Horseshoe Drive, Naples, Fl- 34104
Occupant Owner — Appraiser Harry Henderson, BRA Instructions; to Appraiser Estimate Compensation, Land and affected
MiRrovements only. Subject Is im roved wtth!ftie family dwel ina which is riot impacted by the proposed partial takkV parcel.
Location J Urban u�bjml Rural Good Avg. Fair
,7
Poor
Built Up ❑ Dyer 75% [E 25% to 75% ❑ Under 25% Emplaymerl Stability ❑ Z ❑
ID
_ J Steady Slow Convenience to Employment X F-1
Growth Rate ❑ J Fully Dev, Rapid [ El
;_J
Property Values Increasing Stable Declining Convenience to Shopping ']
Dennard'Supply show Z In Balance ❑ oversupply Convenience to Schools ❑ 7 ❑
D
Marketing Time ❑ Under 3 Mos. E] 4-6 Mos. Z! Over 6 Mos. Adequacy of Public Transportation 17 7 N
D
Present Land Use 65% 1 Family___% 2-4 Family __% Acts. _% Condo—% Commercial Recreational Facilities
% Industrial 35% Vacant Adequacy of Utilities ❑ Z ❑
❑
— —%
Change in Present Land Use ❑ Not Likely Likely Taking Place Property Compatibility ILD Z, 0
Li
From vacant To single-family Protection from Detrimental Conditions E'1
'I
Predominant Occupancy Owner Tenant 5- % Vacant Police and Fire Protection ❑ Z 1-1
❑
Single Family Price Range $ 80,000 to S 200,000 Predominant Value$ 120,000 General Appearance of Properties ❑ Z ❑
11
Single Family Age 4 yrs. In 35 yrs. Predominant Age 20 yrs, Appeal to Markel 0 Z F-1
❑
of
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, nose):The subject is located on the north side
Golden Gate Boulevard in the eastern Golden Gate Estates area of outlying greater Naples (unincorporated Collier County). Golden Gate
Boulevard is a relatively busy thorofare. Essential services (shopping, professional offices) are within a 25 minute drive. Maintenance levels in
the area are mostly average.
Dimensions 150x6BO 2.34 Sq. R. or Acres J Corner Lot
Zoning classification E-Estates Present Improvements � do do not conform to zoning regulations
Highest and best use Present use ❑ Other (specify,
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level
Elec. 1 Street Access 7 Public ❑ Private Size Compatible with area
Gas Surface Macadam Shape Rectangular
Water well Maintenance Z Public F-I Private zView Natural
San. Sewer ❑ septic tank Storm Sewer Ej Curb/Gutter Drainage Appears to be adequate
Underground Elect. & Tel] Sidewalk r- e i rif led Special Flood Hazard Area? Z No L !yes
IeYv�[ ... . ................ J.Str. Street I Is property located in a HUD Ids If -1
Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): Zone X, Comm.1120067 450G, did 11/17105
The sm!Ri.ecl s4e-is innpMye4.�vitn.@ single-family dyv009.a!!q.associate'dsfte. improvements: only trqs!! I vements within the take area are
'�;rcel.
impacted by t ki' The parent tract is subject to an existing rowivva easement and typical utility easements as well as mineral rights of
record.
The undersigned has recited three recent sales of properties most smuM and proximate to subject and has cons4ered these in Ithe market analysis. The description includes a dollar
adjustment reflecting market reaction to those hims of significant variation between the stroject and comparable properties. If a significant item in the comparable property is superior
to or more favorable titan the subject property. a minus (•) adjustment is made thus reducing N indicated value of subject. it a sigrlificam nern in the comparable is interior to or less
favorable than the subject property, a DIUS (A ) adjustment is made thus increasing the indicated value of the subject.
ITEM I SUBJECT PROPERTY
_ COMPARABLE NO. 1
COMPARABLE NO. 2
COMPARABLE 70.3
Address 4221 Golden Gate Blvd E.
530 6th Street NE
2271 4th Avenue SE
N/S 14th Avenue NE
Naples, Fl- 34120
Naples, FL 34120
Naples, Fl- 34117
Naples, Fl- 34120
Proximity to Subject
4.34 miles W
2.04 miles W
1.79 miles N
Sales Price
$ N/A
. ": I.:;,
10.150/ac
; - I �
I$ 8.4271ac
•8,774
Price
$
1
30,000
3,950
Data Source
MLSW211004265
MLS#210018508
Date of Sale and
DESCRIPTION
DESCRIPTION +'- jS Adiust.
DESCRIPTION 14-f-)S Adjust
DESCRIPTION ter- IS Adjust.
Time Adjustment
NIA
3/21 /11 Nominal
1015110 Nominal
11/17f10 Nominal
Location
GGE-thorofare
-2-53-8-
-EGE--s-i—de street -2,107
GGE-side street -2,193
Site/View
2.34 acres
2.50 acres In $/ac
3-56 acres In $/ac
1.59 acres In $Jac
ZoniU
E
E
E
-
E
Too ograce y
Level
Level
Level
Level
Sales or Financing
N/A
Concessions
Nei Ad. Total'
I + ,3
IS -2.58
4- $ -2,107
$ -2,193
Indicated Value
of Subject
Net 26.0 % Is
7.612
Not 25.0 %
is 6.320
iliw:' is 6,581
Comments on Market Data: See attached addenda.
-- -- i- - , - - --.- ........ .. ................ . ..... .... -- ... ..................... - ................ -- ............. ...................... . . ........ ............................. ... .. . . . . . ... ............ .....
Comments and Conditions of Apnraisal The Sales Comparison Approach to Value is civen sole consideration in this report.
Final Reconci'ialcn: 11arcel 482b RDUE partal_ taking value estimate: $8.978 ................ -.1-- .......... .. .. . I . . . . ................ ..... . . . .. ... . ... ........................... ....... . .....
. . . .... . ....... . .. . ............. .
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF April 2, 20 11 to be S 8,978
t �
Harry Henderson, SRA Did Did Not Physically Inspect Property
Appraiser(sl Review Aopraiser (if applicable)
Goodkind & Swift. Inc.
Form. I-ND -'W;IITCTAL" appraisal software by a is mode, Inc. - 1-800-ALAMODE
Packet Page -268-
5/24/2011 Item 16.A.3.
Supplemental Addendum File Nn. Par da9h PDt }F
Borrower /Chem Owner. Bockus
Properly Address 4221 Golden Gate Blvd E.
City Naples Courily Collier State FL Zip Code 34120
Lender Collier County Govemment/Growth Mnqmt Div.
• land : Market Data
The subject and comps are compared on a unit/price basis ($ /ac) thereby eliminating the need for direct size adjustments. The
lack of recent sales involving residential sites on GGE- thorofare streets in the vicinity of the subject necessitated the use of side
street land sales for all comps. A 25% location adjustment factor is applied (as per study) which reflects negative market
reaction to busy street locales in this residential area.
The sales cited show an adjusted unit/price range of $6,581 1acre to $7,612 /acre; a unit price of $7,5001acre is selected for the
subject lands. The appraised value of the parent tract is therefore estimated to be $17,550.
PARCEL 482b RDUE
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 $7,500 /acre the easement parcel lands have a compensable value calculated as follows:
$7,500 /acre x 99% factor x .10 acre taking parcel = $743.
Site improvements within the proposed easement parcel include a section of asphalt paved driveway, a metal fence and electric
gate with controller, fence lighting and minor landscape plantings. These site improvements are estimated to have an aggregate
contributory value of $6,235.
Damages: None
Total Appraised Compensation Estimate: $8,978
Forrr TADD — 'WinTOTAL" appraisal software by a la made.. inc. —1- 800- ALAMODE
Packet Page -269-
a
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ALEON & PANTALEON
OR 3973/1743
5/24/2011 Item 16.A.3.
N
W
S
TERRY
OR 2600/2087
TRACT 55
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
WEST 1500' OF
TRACT 55
PROPOSED ROADWAY EASEMENT
PARCEL 482 RDUE8
4,350 S0. FT.
299 +00
PERPETUA[., NOM-EX usf
ROAD RIG HT -O .OMN y, DpjUN
AND tmLMY Ear
+00 302 +00
GOLDEN GATE BOULEVARD (CR 876)
S0. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
�7 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
z - USE OF THE PUB! -IC PER PLAT BOOK 5, PAGE 16
TECM - ROW
FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 482 RDUEB
A PORTION OF TRACT 55, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5. PAGE 16 OF THE P' :'Jeuc
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP A9 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
HE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE WEST i5C FEEL- OF SAID TRACTAS:,.
CONTAINING 4,350 SQUARE. FEET, MORE OR LESS
0 40 80 180
SKETCH & DESCRIPTION ONLY DY
MICHAEL A. WARC, PROFESSIONAL 5 RV :^.rOfi d MAPPER
NOT A BOUNDARY SURVEY FLORIDA REGISTRATION C cATEy sIR
SCALE: 1 " =80' SIGNING DATE: Cl
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NU' VALID, Wr:HOUT THE ORICINAL 91GI:ATV k O EMBOSSEO TEAL OF
A FLORIDA P,EISTEREO PROFESS IUNA: SJ JEYOR AHD MAPPER.
GULDEN GATE BOULEVARD DIATA c
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASE,i4ENT Pluming Visuaiizarion
PARCEL 482B RDUE coxsy aJ S1 .yig&"
1 � f 11 1 Srcvcying ac AsaT.yil>g
COLLIER COUNTY, FLORIDA E5T0 Wi;iow nark Qive,S Ile 20U
Naplas. Fiori�s 34109
Ph on3: (239) 597 -0575 FAX: (239) 597 -0578
JO8 NUPdBER REVISION SECTION TOWNSHIP RAf "'^ -'- L13 ^3 -:5952
)`.i0217.pO.rJ.I CD01 REV 01, 04 L DRAWN BY FILE NAME SHEET
q.0 z Packet Page - 270 -,1009 S. R. I OF i
5/24/2011 Item 16.A.3.
Parent Tract Aerial
Packet Page -271-
5/24/2011 Item 16.A.3.
Location Map
BortowerlClierd Owner: Bockus
Property Pmpefty Address 4221 Golden Gate Blvd E.
City Naples 0oanty Collier State FL L Code 3412o
Lender Collier County GoYemmenVGmvvth Mnqmt Div.
Fern MAP.LOC — "WinTCTAL" appraisal software by a la mode, inc. — 1- BWALAMODE
Packet Page -272-
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Fern MAP.LOC — "WinTCTAL" appraisal software by a la mode, inc. — 1- BWALAMODE
Packet Page -272-
35th Ave HE
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_
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l6th A
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16th Ave ME
4th NW
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v
20th Ave- SE
Fern MAP.LOC — "WinTCTAL" appraisal software by a la mode, inc. — 1- BWALAMODE
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5/24/2011 Item 16.A.3.
Main file No. Par.482b RDUE
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, 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 title 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 comparables 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 are
readily identifiable since the seller 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 either the property being appraised or the title to it. 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 appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other
data sources) and has noted in the appraisal report whether the subiect 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 testimorry 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 N 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.
7. 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.
& The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion. repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute
the appraisal report (including conclusions about the property value, the appraiser's 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; professional 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 appraiser's prior written consent. The appraiser's written consent and approval must
also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales: or
other media.
Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93
Goodk!nd t; Swift, Inc.
Form ACR_DEFD — "WinTOTAL" appraisal software by a la mode, inc. — 1.800- ALAMODE
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5/24/2011 Item 16.A.3.
APPRAISER'S CERTIFICATION: The appraiser certifies and agrees 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, R a significant Rem 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 have no present or prospective
personal interest or bias with respect to the participants in the transaction. l did not base, ether 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 rat 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 requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage ban.
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 place as of the effective date of this
appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a
reasonable time for exposure in the open market is a condition 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.
8. 1 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 adverse 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. I have not authorized anyone to make a charge
to any Rem in the report: therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for R.
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 hound 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: 4221 Golden Gate Blvd E., Naples, FL 34120
APPRAISER:
Signaure:
t--
Name: Harry Henderson. SRA
Date Signed: April 19. 2011
State Certification #: R03475FL RG1153NJ
or State License #:
State: FL
ExpLat,on Date of Certification or License: 11/30/2012
SUPERVISORY APPRAISER (only if required):
Signature:
Name:
Date Signed:
State Cedificstion #.
or State License #:
State:
Expiration Date of Ce hficalon or License:
Did J 0 Net Inspect Property
Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10049 fr93
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