Agenda 06/14/2011 Item #16A 9
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6/14/2011 Item 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement (parcel No. 442RDUE) which will be required for the four-Ianing
of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040
(Fiscal Impact: $3,283.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners for the purchase of a
Perpetual Non-Exclusive Road Right-of-Way, Drainage and Utility Easement in accordance with the
adopted budget for the future four-laning of Golden Gate Boulevard.
CONSIDERATIONS: Parcel No. 442RDUE (a legal description and sketch of which is attached
hereto) contains 14,190 square feet and is located on the south side of Golden Gate Boulevard between
Wilson Boulevard and Desoto Boulevard. The parent tract property of this vacant land is owned by
Allan Jones and Patricia Jones. Using the most recent, comparative sales data, the Growth
Management Division's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the
easement area estimating its current market value at $2,420.00 (the appraisal is attached and is based
on $7,500.00 per acre). The current 2010 assessed value of the needed easement area is $2,931.00
($9,000 per acre).
On March 22, 2011, Growth Management staff mailed a letter to the owners inviting them to call to
discuss the sale of the required easement to the County. Shortly thereafter, the owners agreed to sell
the required easement to Collier County for the purchase price of $2,93 l.OO (at the exact current 2010
assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement area
from Allan Jones and Patricia Jones for the purchase price of $2,931.00, and believes the following are
compelling reasons to do so.
This is not a distress sale. The property owners can hold out and wait for the market to improve.
If we should delay this acquisition for several years until construction is imminent, and be forced to
take the easement through condemnation, the cost of doing so would far exceed the price of $2,931.00.
Additionally, the owners are cooperating with staff so there are no expert or attorney fees. Finally, if
we forestall with this purchase and the market begins to rebound, in three to five years we will likely
pay more for the property than the owners are seeking today.
It is a common expectation ofpropelty owners upon the sale of their property to the government, to be
paid at least the value upon which they were taxed by the government. The Easement Agreement was
negotiated at the current 20 1 0 assessed value.
FISCAL IMPACT: The fiscal impact is $3,283.00 and includes the $2,931.00 as the price of the
easement; plus title search, and recording fees not to exceed $352.00. Source of funds will be paid
from road impact fees.
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6/14/2011 Item 16.A.9.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority for approval. -JAK
GROWTH MANAGEMENT IMP ACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: Based on the above considerations, Transportation staff is recommending
that the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel No. 442RDUE to Collier County 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 perfomlance in accordance with the temlS and conditions of the Agreement; and
5. Approve any and all budget amendments required to carry out the collective will of the Board.
Prepared by: Joan M. Smith, SR/WA, Senior Property Acquisition Specialist, Right-of-Way
Acquisition, Growth Management Division, Capital Construction and Maintenance, Transportation
Engineering
. Attachments: (l) Easement Agreement with "Exhibit A" Legal Description and Sketch, (2) Property
Location Map; (3) Appraisal Report; (4) 20] 0 Final Tax Roll
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6/14/2011 Item 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9.
Item Summary: Recommendation to approve the purchase of a Perpetual, Non-Exclusive
Road Right-of-Way, Drainage and Utility Easement (Parcel No. 442RDUE) which will be required
for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard.
Project No. 60040 (Fiscal Impact: $3,283.00).
Meeting Date: 6/14/2011
Prepared By
Name: SmithJoan
Title: Property Acquisition Specialist, Senior,Transportation Engineering & Construction Management
5/5/20] 1 ]] :40:41 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 5/1 ]/201] 12:36:28 PM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 5/1 ]/20]] 3:37:52 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attomey
Date: 5/16/201] 2:46:13 PM
Name: TaylorLisa
Title: ManagementlBudget Analyst, Transportation Administr
Date: 5/20/2011 11:10:30 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/24/2011 3:17:43 PM
Name: BetancurNataIi
Title: Executive Secretary,Transportation Engineering & Construction Management
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6/14/2011 Item 16.A.9,
. Date: 5/27/20] 19:33:30 AM
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Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 5/27/2011 9:52:41 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/27/20] 1 2:38:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/27/2011 3:47:41 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/31/201] 8:00:52 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 612/20] 1 5:39:56 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/20]] 2:52:54 PM
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6/14/2011 Item 16.A.9.
PROJECT: Golden Gate #60040
PARCEL No(s): 442
FOLIO No(s): 40864520003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _____ day of _ . _' 20...!!-, by and between
ALLAN J. JONES. joined by his wife, PATRICIA JONES, whose mailing address is 6860
Trail Boulevard, Naples, Florida 34108-2654, (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 road right-of-way, drainage and utility
easementover, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement to 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
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$2,931.00
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 Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands, costs to cure, including but
not limited to the cost to relocate the existing irrigation system and other
improvements, and the cost to cut and cap irrigation lines extending into the
Easement, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Easement to County, including
all attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall cause to be delivered to County 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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6/14/2011 Item 16.A.9.
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(a) Road Right-of-Way, Drainage and Utility Easement;
(b) Closing Statement;
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(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by 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 from the date of execution of this Agreement by the
County; provided, however, that County 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 County's enjoyment of the Easement. Such right to extend
may be exercised by the County Manager or his designee for an additional term not
exceeding ninety (90) days without further Board action. All additional extensions
must be Board approved. At Closing, payment shall be made to Owner in that
amount shown on the Closing Statement as "Net Cash to the Seller," and Owner
shall deliver the Closing Documents to County in a form acceptable to County.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
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If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from 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 Easement 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:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
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.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
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(c) No party or person other than County has any right or option to acquire the
Easement 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 Easement or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easement, without first obtaining the written consent of 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 Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
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(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying
the Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the 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 Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the 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 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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9. 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 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 Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
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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.
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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.
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 Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286. Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to 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 Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings. promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
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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.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRED W. COYLE, Chairman
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Approved as to form and
legal sufficiency:
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Jeff , right. Assistant County Attorney
Lasl Revised: 10/15/10
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6/14/2011 Item 16.A.9.
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PROPOSED ROADWAY EASEMENT
PARCEL 44-2 ROUE
'4.190 so. FT.
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TRACT 45
TRACT 46
GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK 5 PAGE 18
TRACT 63
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OR OFFICiAl RECORDS (EOOK/PAGE)
SQ. FT SOUAR:: F:::ET
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PROPOSED ROADWAY. DRAI"AGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE ; B
TECM - ROW
FEB 0 1 2010
LEGAL DESCRIPTlON FOR PARCEL 442 ROUE
A PORTION or TRACT 46, GOLDEN GA~E ESTATES, U'.;IT 80 I,S RECDRJED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECCRDS OF COLLIER COUNTY. F~ORIDA, LVING IN SECTION 5, TOWNSHIP 49 SOU-H, RANGE 28 EAST. COLLIER
COUNTY, FLORIDA. 9EING MORE "ARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 =-EET OF THE NORTH 93 FEET OF SAID TRACT 46.
CONTAINING 14,190 SC:U'IRE FEET. MORE OR LESS.
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F\DtDl RE:ClSTRATON~~ NO. 5301
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HOT vAUO Wl'Tl-IOUf iHE CRCIHAL SC T\!RE RAZSED EUBCSSED SE'JrL or
A fl..DR]OI. REClMRfD PRCfESSroHAC' suRVEYOR NlO 1rUrPP0l.
o 40 80
SKETCH Ik DESCRIPTION ONLY I
INOT A BOUNDARY SURVEY SCAm 1-=60'
; FOR: COWER COUNTY GOVERNlAENT BOARD OF COUNTY COMMISSIONERS
'GOLDEN GATE BOULEVARD
'SKETCH &: DESCRIPTION DF: PROPOSED ROADWAY EASEMENT
,PARCEL 442 ROUE
I COLUER COUNTY. FLORIDA
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FILE NAME SHEET
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IMain File No. Pan:el442ROUEI
GGB #60D40
File No. Parcel442RDUE
BOrTower Owner: Jones. A. CensusTrac\ 112.02 Map Reference SB-T49-R2B
Jlroperly Address S/S Golden Gate Blvd
_ dny Naples Counly Comer State FL Zip Code 34120
uegal Description Golden Gate Estates Unit BO Tract 46 OR 1665 PG 1824
Sale Price S NtA Dale of Sail! NtA Loan Term NtA yr.;. Property Rights Appraised ~ Fee 0 Leasehold LJ De ',~n;mis pun
4ctual Real Estale Taxes S 571.16 (yrl Loan charges to be paid by seUer S ~Other sales concessions NlA
- ~ender/Chent Collier County Government/Growth MnQmt Div. Address 28B5 South Horseshoe Drive. Naoles. FL 341 D4
Ijccupanl vacart land Appraiser Harry Henderson. SRA Inst1Jc\ions to Appraiser Esbmate Comoensabon. Partial takina
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LAND APPRAISAL REPORT
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I I Urban l2:Q Suburban LJ Rural
n Over 75" 18: 25% to 75% 0 Under 25% EmploymerHtabilily
o Ful;y Dev. E5 Rapll! !8J Steady 0 Slow Convenience 10 Employment
o hicreasing ~ Stable 0 Declining Convenience to ShoPOing
C Shortage !8J In Balance 0 Oversupply Convenieree to ScOOols
[:1 Under 3 Mos. C 4-6 Mos. [8J O'/er 6 Mos. Adequacy of Public Transportalion
~"1 Family _" 2-4 Family _" Apts. _% Coooo_" Commercial Recreational Faciflties
"" Industrial 35" Vacant " Adequacy of Ulil1ies
phange in Presenl Land Use 0 Not Likely -~ Likely (*) 0 Taking Place (*) Property Compatibifily
... i (*) From vacant To sircle-famitv Protection from Detrimental Condijians
predominant Occupancy [gj Owner 0 Tenant --2-." Vacanl PoUce and Fire Proteclion
Single Family Price Range S 80.000 to S 245.000 Predominant Va:ue S 120.000 General Appearance of Properties
~mg1e Family Age ---1... yrs. to~ yrs. Predominanl Age 20 yrs. Appealto Market
i
~ommeols including tOOse factors. lavorable or unfavorable. affecting markelabilijy (e.g. public parks. schools, view. noise):The subiect is located on the south side of
:Golden Gate Blvd. east 01 Everolades BI~. in lhe Golden Gate Estates section of creater Naoles lunincomorated CoRler County\. The area is
'comoosed of sinole-familv acreaae Iols with limtted municioal services. Golden Gate Blvd is a well travelled east-westthorolare. Essenhal
iservices (sOOooll1Q professional offices) are within reasonable drivina distance. Mamtenance levels in the area are averaQe.
lllmeoslons 330 x 680 = 5.15 SQ. Fl. or Acres U Comer Lot
!zaring classification E-Estates Present Improvements [ffi do @ do npl conform to zoning regU'ations
llighest and best use 0 Present use [Xl OIller (soecilv\ sinale-famllv develo ment as allowed bV zonina (two homes\
I Public Oli1er (Describe) I OFF SITE IMPROVEMENTS Topa Level
,Elee. [gj IStret!1 Access [gJ Public 0 Private Size Comnatible with area
,Gas 0 . Surface Macadam Shape Rectangular
,Waler 0 jl.lainlenance [81 Public 0 Private View Natural
'SaIL Sewer 0 0 Storm Sewer 0 CurblGutt!r Dra'nage Acpears to be adeouate
I 0 Undergmurll ElecL & Tel.! n Sidewalk n Slreel Lights Is the prcperty located in a HUO Identilied Special Flood Hazan! Ar!l? [gJ No LJ Yes
iCammellls ~avcnbie llf unlavlll3b1e ",cloolng any apparent adver'" ..",mellls. encrnachmenls. or lllhe adverse canditlQl1s): Zore D. Comm.#120D67 450G. dtd 11/17/05
,The DroDertY is subect to lvnical roadwavand utiitv easements found in the Estates area as well as mineral riQhts of recom. Estates crocerties
I are tvnical nriced and sold on a cross acreaoe basis. The subiect site is unimnroved and overarown With nabve veoetation.
Location
aui! Up
~rowth Rate
Property Values
DemandlSupply
~rketlng Time
fresent Land Use
Good Avg. Fair Poor
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The unrlersignell has recited three recent sales d praoertJes mast sm.!ar and praximall: IIlsu~iectandhasconsideredtl1e.seilthemarlretana~s.s.ThedesaiI.Mn.ncIudes a de'iar
alljustmenl reflCCtil1g mmet reacMn In thas, ile'I1S of s!!J'lificant moon between th, subject and comparable prl!llflTt!es. If 2 s;gnificant item il tne c"moarab!e lllCP'rty is S'Jtl!HlIlT
In or more fMlrable lI1an t1e subjett prcperty. a rr'nus (-) ad;Jslrrent Is made thus reoocing the ind<ated v~u, '" sub:ecl; ,f 2 sign~ic2l1! ~em in tile compa:ob1e is tnter~r to cr less
lavorable lhan lhe subject property. a plus (+) aOj:lstment is made thus increaSing the Indicated value ollhe subjecL
ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO.2
Address S/S Golden Gate Blvd 4180 8th Avenue NE 36212thAvenue NE
Naoles. FL34120 Naoles. FL34120 Naoles. FL34120
Proximi~' 10 SUJiect 1.28 miles NE 3.68 miles NW
Sales Price S NlA .... . Is 6.608/ac -..
Price S IS 15.000
Data Soume MLS#210018337
- Date of Sale and DESCRIP110N DESCRIPTION
_ Time Adjustment NlA 7130/10
Local,on GGE GGE
: Srte.'View 5.15 acres 227 acres
Zonina E-Estates E-Estates
TOOOQra~";' Level Level
Canal Lat No No
.
InS/ac
COMPARABLE NC. 3
4425 6th Avenue NE
Nacles. FL 34120
1.13 miles NE
, Is 7.930/ac
. ... IS 18.000
MLS#210014963
DESCRIPTION T';I-15 Must.
1/18/11 : Nominal
GGE
2.27 acres
E-Estates
Level
No
InSlac
InS/ac
IS
IS
MLS#210018508
OESCRIPT10N
8/17/10
GGE
2.27 acres
E-Estates
Level
No
7.D48/ac
16.000
i+H5 AdUst
: Nominal
+ -15 M;ust
: Nominal
Sales or Financing N/A
Concessions
Nel Ad'. IT otan
Iodicated Value
of Subject
Comments on Market Dala:
Conv.
Cony.
Cony.
rl+ n- :S n+ n- :S rl+ n- :S
Net %1 S 6.608 Net % Is 7.048 Net % Is
See attached addenda for valuation of carent tract and estabHshment of underMM unit price (Stacre .
7.930
Comments and Conditions 01 ApPraJsat: The proposed partial!akulQ parcel (Parcel 442RDUEl is a roadway. drainaae and utilrtv easement associated
with the nronosed v.idenirla of Golden Gate Blvd. Ths strio oarcel is located on the oarent tract frontaae alona Golden Gate Blvd: il has an
easement area of .326 acres. The encumbrance to the undert.,;no fee simole interest associated with this easement is 99%. The value of the
easement parcel is as follows: 57.500/acre (underlvina unitlnrtce) x 99% x .326 acres = $2.420
Final Recorci:lation: No sife imnmvements are localed in the !akina area: no residual damaaes are associated with this takina oarceL
Prior sale far sub' eel carent tract: 5200400 on 9/14/10.
I ESTIMATE THE MARRET VALUE. AS DEFINED. OF SUBJECT PROPERlY AS OF
(Compensation for Easement Parcel)
0--- l. V'_
Harry Herderscn. SRA
Appraiser!s) ReView Aooraim m apollCab1el
3/2 ZO...1L..... 10 be S 20420
o Did 0 Did Not physicaliy Inspect Pro~erty
.
~2K]
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I
!
Gcodi<ind & Swift, Inc.
Form LNO - ''WinTOTAL' appra'sal software by a la mode, Inc. -l-liOO-ALAMODE
Packet Page -965-
6/14/2011 Item 16.A.9.
IMam File No. Partel442ROUEI
Supplemental Addendum
File No. Parcel 442RDUE
.
Borrower/Cienl Owner: Jones. A.
Property Address S/S Golden Gate Blvd
Citv Naoles Countv Collier
Lender Collier Counlv GovemmenUGrowth Mnomt Div.
Slate Fl
Zip Code 34120
. land: Market Data
The subject and comps are compared on a uniVprice basis ($/ac) thereby eliminating the need for direct size adjustments.
While the subject parent tract is significantly larger than the comps cited, these 5 acres lots are typically priced as a function of
their two home site value (as if subdivided) giving them unit prices very similar to their one home site counterparts, no size
adjustments indicated.
The unlVprice range indicated by the comps goes from $6,60B/acre to $7,930/acre. A mid-range uniUprice of $7,500 is selected
as mosl reasonable for the subject parenttracl. Thus-
5.15 acres x $7,500/aer(' = 538,625
.
.
Form TADD - "#inTOTAL" appraisal software by a la mode. inc. -l-BOO-ALAMDOE
Packet Page -966-
6/14/2011 Item 16.A.9.
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PARCEL H2 ROUE
''''.ISO SQ. FT.
TRACT 45
TRACT 46
GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK 5 PAGE 18
TRACT 63
BLANCO
OR 1665/1814
N
.+,
s
.
OR OFFICIAl RECORDS (BOOK/PAGE)
SO. FT. SOUARE FEET
~
f2Zl
PROPOSED RO/oDI'IAY. DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISlING ROM:JWAY E/oSE"'ENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE ,8
lKM - ROW
FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 442 ROUE
A PORTION OF TRACT 46, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED III PLAT BOOK 5, PAGE 1 a OF THE PUBLIC
RECORDS OF COLLIER COUNlY. flORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COUlER
cour.:T't'. n.ORIDA. BEING U.ORE PARnCUl.,ARlY O::SCRI6ED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF SAID TRACT 46.
CONTAINING , 4,190 SOUARE FEET. MORE OR LESS.
4J!~~&~~
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....... ..,.,. /, -r-P, 'Ii!
Mar VAU) trmO'Jf Tr<E: !JrCNIL s.I,(~ 1Ur.'SCJ DtlICSSED SD1.. or
A ~~ ~ClSTLJ'n) PI~ $U1l'oCOR NC llW'PDt.
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,
SKETCH .!c DESCRIPTION ONLY
NOT A BOUNDARY SURVEY sc:.uz, 1'.0.'
rOR: COWER COUN'TY COV~RW.lENT BOARD OF' COUNlY CO'-lNlSStONSRS
DlXTA~~
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tB No..: SS2
AtE: NAME SHED'
SKL.\2 'OF1
GOLDEN GATE BOULEVARD
SKETCH '" DESCRIPTION OF: PROPOSED P.OADlfAY EASEMENT
P .\ReEL H2 RDUE
COLUER COUNTY. FLCP.lDA.
.
Packet Page -967-
6/14/2011 Item 16.A.9.
.
IMain File No Parc!I442RDUEI
.
Parent Tract Aerial
.
Packet Page -968-
6/14/2011 Item 16.A.9.
IMain File No, Parcel 442RDUEI
DEFINITION OF MARKET VALUE: The most probable price v.t1ich a properly should bnng in a compemive and open market
under all l%mditions requisite to a fair sale. the buyer and seller, each acting prudently, knowledgeably and assummg 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 tiUe from
seHer to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,
and each acting n \\tlat he considers his 0'Ml best interest (3) a reasonable time is allowed for exposure n the open market (4)
payment is made in terms of cash in U.S. dollars or in terms of fmancial arrangements comparable trereto; and (5) tre pnce represents
the rormal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone
associated with tre sale.
.
'Adjustments to the com parables must be made for special or creative financing or sales corcessions. 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
readly identifiable since the seier 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
inst~utionallender that is not already involved in the property or transaction. Any adjustment should not be calculated on a
mecharical doUar for donar cost of the financing or concession but the dollar amount of any adjustment should apprOlomate
the market's reaction to the financing or concessions based on the appraiser's judgement
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the
folloWInQ conditions:
1. The appraiser Voill not be responsible for matters of a legal nature that affect either the property being appraISed or the tiUe to it The
appraiser assumes that the title is good and marKetable and, therefore, will not render any opinions about the mle. 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
ircluded ony to assist tre reader of the report in visualizing the property and understanding the appraiser's determination of ~s 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 .n the appraisal report whether tre subject site is located in an identified Special Flood Hazard Area.
Because the appraiser is not a surveyor, he or sre makes no guarantees, express or implied, regarding this determinalJon.
4. The appraiser VoiD rot 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 ils highest and best use and the improvements at their
contributory value. These separate valuations of tre land and improvements must not be used in conjunction with any other appraisal
and are invafid if they are so used.
.
6. The appraiser has noted in the appraisal report any adverse condil1ons (such as, needed repairs, depreciation, tre 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, !he appraiser has no
knovAedge of any hidden or unapparent conditions of the property or adverse environmental conditions (ircluding the preserce 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 10 discover whether such
conditJons exist Because the appraiser is rot 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 !he appraisal report from sources that he or
she considers to be reliable and be~eves them to be true and correct The appraiser does not assume responsibil~y for the accuracy of
such items that were fumisred by etrer parties.
8. The appraiser will rol 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 maMer.
10. The appraiser must provide his or her prior written consent before the lender/cUent specified n the appraisal report can distribute
the appraisal report (ncluding conclusions about the property value, the appraiser's identity ard professional designations, and
references to any professionai appraisal organizations or the firm with which the appraiser is associated) to anyone other than the
borrower: the mortgagee or ffs 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 Stales or any state or tre
District of Columbia: except thetthe lender/client may distribute the property descnplJon section of tre 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 1012
Fannie Mae Form 10046 6-93
Goodirind & S'Nift, Inc.
Form ACR_DEFD - "WinTOTAL' appraisal software by a la mode. inc.- 1-80[l.ALAMODE
Packet Page -969-
6/14/2011 Item 16.A.9.
IMain Rle No. Partel442RDUEI
.
APPRAISER'S CERTIFICATION: The appraisercertilies and agrees that
1. I 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 vmen
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, ff a significant ~em 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. I 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 i~formation in the appraisal report are true and correct
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, vmich are
subject only to the contingent and Iim~ing condnions specified In this form.
4. I 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. I did not base, enher 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. I 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. I was not required to report a predetermined value or direction In value that favorn the cause of the cnent or any related party, the
amount of the value estimate, the attainment of a specific result or the occurrence of a subsequent event in orner 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 loan.
7. I performed this appraisal in conformity with the Unfform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standarns 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 reconelliation
section.
.
B. I have pernonally 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 adverne conditions in the subject
improvements. on the subject s~e, 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 adverne cond~ions on the marKetability of the subject property.
9. I personally prepared an 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 performaree 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 quarrfied to perform the tasks. I have not authorized anyone 10 make a cha~e
to any item in the report; therefore, ff an unauthorized change is made to the appraisal report, I wlll take no responsibility for n.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report. he or she certifies and
agrees that I dlrectiy 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:
S/S Golden Gate Blvd. Naples. FL 34120
APPRAISER: f
. (t- I. &'-___
Signature:
Name: Harry Henderson. SRA
Date Signed: P1.'.arch 2. 2011
Stale Ce~it.cation#: RD3475FL: RG1153NJ
or Slale License #:
Slate: FL
Exciration Dale of Certification or License: 11130/2012
SUPERVISORY APPRAISER (Dnly if required):
.
Signalure:
Name:
Dale Sigrnid:
Slate Cerulicalion #:
or State wcense #:
State:
Expiration Date or Certification or License:
o Did
o O!d Not Inspecl Property
Freddie Mac Form 439 6-93
Page 2 01 2
Fannie Mae Form 10048 6-93
Form ACR_DEfD - "WinTDTAL' appraisal software by a la mode, inc. -1-800.ALAMDDE
Packet Page -970-
Location Map
6/14/2011 Item 16.A.9.
IMain File No. Pan:eI442ROUE I
Borrower/CHen! Owner. Jones. A.
Prcoe~v Address S/S Golden Gale Blvd
C~v NaDles Counl\l Collier Sial! FL Zip Code 34120
lender Collier Countv GovemmenllGrowth Mncml Div,
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.
Form MAP.lOC - "WinTOTAL" appraisal softwar~ by a la mode, i'll:, -1-OOO-ALAMDOE
Packet Page -971-
.
.
.
Details
New Search
Property Record
I Sketches
Aerial
~ Current Ownership
Parael No.1140864520003 II Property Addressll NO SITE ADDRESS
Owner Namell JONES, ALLAN
Addressesl16860 TRAIL BLVD
cityll NAPLES II
State II FL
Legall' GOLDEN GATE EST UNIT 80 TR 46
I OR 1666 PG 1824
Section
Township
49
Range
28
~s
f 5.15)
\..
08
Sub No.
.c.: Use Code
350500
00
II GOLDEN GATE EST UNIT 80
II VACANT RESIDENTIAL
2010 Final Tax Roll
(Subject to Change)
~f ail Vaju6s si1Ct,~.m, belo\:'l eou~1 0 this
parcel '033 creac.eci ;.]7ter the Final Ta \ R .
Land Value
(+) Improved Value
(=) Market Value
(..j SOH c}:en18t V;;lu€" & 'Other ::;~emP:!ions
(=) Assessed Value
H Homestead amI other Exemot Value S 0.00
(=) Taxable Value 0
(=) School Taxable Value (Used for School Taxes) $ 46.350.00
SOH = .Save OUf Homes. exempt value due to cap on assessment
increases.
New Search
The Information is Updated Weekly.
/4) 190:J
-
-
3257
.. . I' .,
6/14/2011 Item 16.A.9.
Trim Notices
Map No.
4008
I';~ Millaae Area
I 80
~
~
zipl134108 - 0000
Strap No.
350500 46 04008
Latest Sales History
Bool! - Page
4604 - 2132
1665 . 1824
1600 - 1212
979 -1439
Amount
$ 20,400.0(
$ 28.00D.OC
$ D.OC
$ 9,100.0(
.%
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5/5/2011