Agenda 01/12/2010 Item #16B 1
Agenda Item No. 1661
January 12, 2010
Page 1 of 17
EXECUTIVE SUMMARY
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Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-Way,
Drainage and Utility Easement (Parcel 337RDUE) containing 3,600 square feet, which is required for
the fonr-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project
No. 60040 (Fiscal Impact: $2,330.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road right-of-
way, drainage and utility easement required for the four-Ianing of Golden Gate Boulevard between Wilson
Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The required easement is legally described as the North 20 feet of the South 70 feet
ofthe West 180 feet of Tract 73, Golden Gate Estates, Unit 76, and contains a total of 3,600 square feet or
0.083 acres. Using the most recent, comparative sales data, the Division of Transportation's Review
Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property estimating its
current market value at $996.00 ($12,000.00 per acre). The assessed value of the needed easement area is
$1,245.00.
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On September 28, 2009, Collier County Transportation Division invited the owners, James E. Rambarran
and Sabitri Rambarran, to discuss the sale of the required easement to the County. On or about October 5,
2009, Mr. Rambarran contacted the assigned Property Acquisition Specialist and offered to convey the
required easement for the sum of $5,000.00. The Specialist respectfully declined because the proposed
selling price was over five times the property's market value. Through continued negotiations, the owners
have agreed to sell the required easement to Collier County fiJr the purchase price of $2,000.00 ($755 over
its assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement area from
Mr. and Mrs. Rambarran for the purchase price of $2,000, and believes the following are compelling
reasons to do so:
This is not a distress sale. The property owners can afford to 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 owners' asking price. In
addition, the owners are cooperating with staff so there are no attorney or expert fees.
Furthermore, if we should forestall this purchase and the market begins to rebound, in three to five years we
are likely going to be paying as much or more for the subject property than the owners are seeking today.
It is a common expectation of property 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.
FISCAL IMPACT: The fiscal impact is in the amount of $2,330.00 and includes the $2,000.00 negotiated
purchase price; a title search fee and a title insurance premium totaling approximately $300.00; and
recording fees not to exceed $30.00. Source of funds are road impact fees and gas taxes.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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Agenda Item No. 16B1
January 12, 2010
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the Countja~tt~g(~J's
Office and is legally sufficient-JBW.
RECOMMENDATION: Recommendation is the Board of County Commissioners of Collier County,
Florida:
1. Approve the attached Purchase Agreement and authorize its Chairman to execute same on behalf of the
Board;
2. Accept the conveyance of Parcel 337RDUE (the North 20 feet of the South 70 feet of the West 180 feet
of Tract 73. Golden Gate Estates, Unit 76) 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. Approve any and all budget amendments which may be required to carry out the collective will of the
Board.
Prepared by: Michelle L. Sweet, Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments: (I) Purchase Agreement; (2) Appraisal; (3) Location Aerial
,.,.",.
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Agenda Item No. 1681
January 12, 2010
Page 3 of 17
16B1
Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-
Way, Drainage and Utility Easement (Parcel 337RDUE) containing 3,600 square feet, which
[s required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscallmpacl: $2,330.00).
1/12/2010 9:00:00 AM
Meeting Date:
Prepared By
Michelle Sweet Property Acquisition Specialist Date
Transportation Division Transportation Engineering & 12/2/20099:33:51 AM
Construction Management
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney 12/2/2009 3:09 PM
Approved By
Jeff Klatzkow County Attorney Date
12/2120094:17 PM
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Approved By
Norm E. Feder, AICP Administrator. Transportation Date
Transportation Division Transportation Administration 121312009 12:42 PM
Approved By
Debbie Armstrong Project Manager Date
Transportation Division Transportation Engineering & 1214/20099:34 AM
Construction Management
Approved By
Najeh Ahmad Director - Transportation Engineering Date
Transportation Division Transportation Engineering & 12/4/20091:10 PM
Construction Management
Approved By
Kevin Hendricks Manager - Right of Way Date
Transportation Division Transportation Engineering & 12171200912:16 PM
Construction Management
Approved By
Lisa Taylor Management/Budget Analyst Date
-- Transportation Division Transportation Administration 121912009 2:40 PM
Approved By
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Agenda Item No. 16B1
January 12, 2010
Page 4 of 17
Kevin H. Dugan
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Division
12/14/20099:53 AM
Approved By
Therese Stanley
Manager ~ Operations Support. Trans
Date
Transportation Division
Transportation Administration
12/21/20098:59 AM
Approved By
Pat lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
12/21/20099:51 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/22/20091 :50 PM
Approved By
Mark Isackson
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/28/2009 12:00 PM
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Agenda Item No. 16B1
January 12, 2010
Page 5 of 17
PROJECT
PARCEL No:
FOLIO No:
60040 Golden Gate Boulevard
337RDUE
40624840004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this /3 day of Ai 0 V r,.lV)g (j( ,2009, by and between JAMES E.
RAMBARRAN and SABITRI RAMBARRAN, husband and wife, whose mailing address is
1041 Arlinbrook Drive, Trinity, Fl 34655-4557, (hereinafter referred to as "Owner"), and
COlliER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive right-of-way, drainage
and utility 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
"Easement"); and
WHEREAS, Owner desires to convey the Easement 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
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 Purchaser for the sum of:
$2,000.00
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, 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 cu,e, 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 Purchaser, 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 ,ecording 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 d~livered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closin9 Documents") on or before the
date of Closing:
(a) Right-of-Way, Drainage and Utility Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
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Agenda Item No. 16B1
January 12, 2010
Page 6 of 17
(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 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 Easement. 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 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 Purchaser. 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.
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 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 Property 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 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) Purchaser'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.
(c) No party or person other than Purchaser 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 Purchaser to such conveyance,
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Agenda Item No. 1681
January 12, 2010
Page 7 of 17
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
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(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(I) 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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering 'nto 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 Purchaser.
(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 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 Easement 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 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 Of 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 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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9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording 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
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-hoider 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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
required on the instrument(s) of transfer, unless the Easement is acquired under
threat of condemnation.
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Agenda Item No. 16B 1
January 12, 2010
Page 8 of 17
10. 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, andlor assignees, whenever the
context so requires or admits.
11. 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, 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 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 Chapte' 286, Florida Statutes.)
12. Conveyance of the Easement, 0' 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 exhiMs
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.
13. 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.
14. 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 PURCHASER:
DATED:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED: !, _ I --~. rei
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Witness ( ignatuTe)
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Name (Print or Type) {J
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JAMES E. RAMBARRAN
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i,,:';:.-A'.C'f:.. MY COMMISSION II DO &57413
~'6I,"'S EXPIRES: April g, 2011 .
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Approved as to form and
legal sufficiency:
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Assistant County Attorney
Last Revised: 2119fOg
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Agenda Item No. 16B1
January 12, 2010
Page 9 of 17
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EXHIBIT
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WEST 180' OF
TRACT 7 J
RAMKUMAR
OR 2830/2579
ZAVASKY
OR 4275/2586
TRACT 72
I
TRACT 73
GOLDEN GATE ESTATES
UNrr 76
PLAT BOOK ~ PAGE 1:5
PROPOSED ROADWAY EASEMENT
PARCEL JJ7 ROUE
3,600 SO. FT.
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GOLDEN GATE BOULEVARD (CR 876)
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OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXfSTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 1 J
LEGAL DESCRIPTlON FOR PARCEL 337 ROUE
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TRACT 90
A PORTION OF TRACT 73, GOLDEN GATE [STATES, UNIT 76 AS RECORDED IN PLAT BOOK 5. PAGE 13 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLOR1OA, LYING IN SECTION 6. TOWNSHIP 49 SDUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 180 FEET OF SAID TRACT 73,
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UN75 SK337
CONTAINING 3,500 SQUARE FEET, MORE OR LESS.
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SKETCH &: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE: to.80'
fOR: COLLIER COUNT'( GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 337 RDUE
COWER COUNTY, FLORIDA
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IMainFiI'NOP~~~O. 16B1
fil, No Pa",:J5l.BJ.iil/M 12, 2010
Map Reference S6-T49-R28 1 of 17
Borro~r Rambarran
Property Address N/S GGB E, west of Ever lades Blvd
City Naples County Collier
LegalDescription Gok:len Gate Estates Unit 76 W 180ft afTract 73 OR 1770
Sale Price $ NIA Date oj Sale N/A Loan Term N/A yrs. Property Rigl1ls Appraised [g] Fee 0 Leasehold 0 De Minimis PU
Actual Real Estate Taxes $ 451.60 (yr) Loan charges 10 be paid by seller $ N/A Ottllrsalesconcessions N/A
Lender/Clielll Co8ier County GovfTransportation Division Address 2885 South Horseshoe Drive, Na les FL 34104
Occupant vacant Appraiser Harry Henderson, SRA Instructions to Appraiser Eslimate Market Value Parent TractlPartiaJ Take
Folio #40624840004
Location
BulttUp
Growth Rate
Property Values
DemandfSulIPIy
MarketngTime
PreserTtLandUse
LAND APPRAISAL REPORT
~-
DOid
DDidNotPhysicallylnspectProperty
Census Tract 112.02
Stale FL
Zip Code 34120
Dimensions 180 x 680 2.81 SQ. FI. or Acres Comer lot
Zoning classification Estates (2.25 acre conforming lot size min.) Present Improvements [NJ do [AJ do not conform to zoning regulations
Higltest and !lest use 0 Present use Other s ec eventual sin le-famil develo ment
Public OItler (Describe) OFF SITE IMPROVEMENTS ,Topo Level
,
rg] Street Access [gi Public 0 Private Size Com atible with area
o Surface Macadam Shape Rectangular
o Maintenance [2J Public 0 Pri'/ilte . View Nei hbortlOod
o . C Stonn Sewer 0 CurD/Gutter Drainage A ears to be ade uata
o Underground Elecl. & Tel,LD Sidewal~treellights tsthe property localed Jna HUOJdenflfied Special Flood Hazard Area? [SJNoDVes
Comments ~avorab!e Of unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): Zone 0 Comm#120057C0250G dtd 11/17/05
No adverse conditions observed. The sub.ect lands are assumed to have an uland/wetland rofile whieh would allow sin le-famil develo ment
as allowed b zonin without at ieal ermittin andlor miti alion, T ieal roadwa and/or arameter utili easements exist on the site' these
are common in the area and do not im act value,
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market arlalysis, The description includes a dolta!
adjustment reflecting market reaction to those items at signiticant variation betwet!n!he subject and comparable properties. N a significant item in the comparable property is superior
to or more tavorabje !h8l1l11e subject property, a minus (.) adjustment is made thus reducing the indicated value (J/ subject; it a significant ~em in the comparable is interior to or less
favorablethanthesubiectproperty,aplus (+) adjustment is made thus Increasing the indicated value 01 Ihe subject.
ITEM SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2
Address N/S GGB E, west of Everglades S/S Jung Blvd 360 14th Avenue NW
~~FL~1~ Na~sFL~120 Na~s.FL~120
Pmxim' to Sub'ect ;l~ 3.07 miles NW 4.20 miles NW
ales Price N/A 12000lac
Price Gross 30,000
Data Source MLS#207046588
Oate of Sale and DESCRIPTION DESCRIPTION
Time Adjustmel1t N/A 7/09
Location GGE Similar
SiteMew 2.81 acres 2.50 acres
To ra Level/natural Level/natural
Zoni Estates Estates
COMPARABLE NO. 3
WIS 12th Street NE
Na les FL 34120
1.88milesW
Urban Suburban Rural
DOver 75% tsl 25% to 75% 0 Under 25%
o Fully Dev. C Rapid D Steady cg] Slow
o Increasing DStable !SIDeclining
DShortage o in Balance lZlOversupply
D Under 3 Mos. 0 4~6 Mos. tsl Over 6 Mos.
~%lFanily_%2-4Family _%Apts. _%Condo_%Commercial
_%lndustrial~%Vacant _%
Change in Present Land Use DNotUkely [8JUkely(*) o Taking Place (*)
(*) From vacant To single-family
rzJ Owner DTenant % Vacant
$ 80.000 to$ 350,000 PredominantValue$ 150,000
1 yrs, to 30 yrs. PredominantAQIl 10 yrs.
EmploymentStabiHty
Convenience to Employment
Convenience to Shopping
ConveniencetoSchoofs
AdeQuacy 01 Public Transportation
Recreational Facilities
AdeQuacyolUlilnies
Property Compatibility
ProlectionlromDetrimentalCondnions
Police and Fire Pratection
General AjJpearanceol Properties
Appeal to Market
Predominant Occupancy
Single Family Price Range
Single Family Age
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. pUblic parks, schools, view, noise):See attached addenda.
Eiee.
Gas
Waler
San. Sewer
--
13 OOO/ac
32,500
__s,_
, .'."
,., ,.".,~'..
MLS#208030985
Must. DESCRIPTION
5/09
Similar
in $/ac 2.50 acres
Level/natural
Estates
MLS#207013599
$ Ad"ust DESCRIPTION
4/09
Similar
in $/ac 1.59 acres
Levellnatural
Estates
NfA
Cash or Equiv.
Cash or Equiv.
Cash or Equiv.
I
I
12,000
I
13,000
See attached addenda.
Good Avg, Fair Poor
DD[.;JD
D[.;JDD
D[.;JDD
DL8JDD
Dl5<JDD
D[.;JDD
D[.;JDD
D[.;JDD
D[.;JDD
D[.;JDD
D[.;JDD
D[.;JDD
11321/ac
18,000
+
in$/ac
11,321
Comments and Condrtions of Appraisal: Subiect and camps are compared on a $/acre unit price basis. See attached Limiting Conditions.
Final Reconciliation: 2_81 acres $12,OOO/acre - $33 720 Before Value of Parent Tract
-
raised Com ensation relalin to Partial Take Parcel 337RDUE _ $996,
I flnMATE THE MARIEr VAWE, AS OEFINED. OF SUBJECT PROPERTY AS OF
2009 10 oe $ 996
see addenda
November 13,
CollierCaunlyGavernment
Form LND - "WinTOTAl" appraisal software by a la mode, inc. -j-BOO-ALAMODE
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upplemental Addendum
IMainFileNo.,p~O, 16B1
FileNo Parcel 337RDUdanuary 1122 ~r~ ~
Borrower/Cbenl Rambarran
Pro e Address N/S GGB E, west of Ever lades Blvd
Ci Na les Cou Collier
lender Collier Count GovrTrans ortalion Division
State FL Zi Code 34120
. Land: NeiQhborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area. Golden Gale
Estates is a sprawling pre-platted subdivision consisting of acreage-type single-family homesites (1.14 to 5 acres lypically) in a
semi-rural setting. Essential services are within a 35 minute drive. Golden Gate Boulevard is an east-west running thorofare
linking the eastern Estates area to Collier Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and camps are compared on a uniVprice ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate
market has been in decline since late 2005 and remains exceptionally weak.; the Estates market has been especially soft due to
a severe supply-demand imbalance in this area. The sales cited are relatively recent transactions: no time adjustments have
been applied in order to give property owner's every benefit of the doubt.
The indicated unit prices range from $11.321facre to $13.000/acre; given the comparison criteria discussed. a unit price of
$12,OOO/acre is selected as reasonable for the subject lands. Thus-
2.81 acres x $12,OOO/acre = J33,720 {Before Value of Parent Tract},
The Proposed Take
Parcel 337RDUE is a 20ft-wide strip taking running along the front of the subject site on GoJden Gate Blvd. This ROW interest
will be in the form of a permanent easement which will widen an existing ROW easement over the subject property for the
existing GGB. The proposed new easement area will contain 3,600 sf or .083 acres.
This easement represents an effective 100% encumbrance to the underlying land; no site improvements (only native
vegetation) lie within the easement area. The value of the land being acquired is therefore:
$12,000/acre x .083 acres = $996 (rounded)
Total Appraised Compensation parcel 337RDUE: J996.
Form TADD - "WinTOTAL" appraisal software by a la mode, inc. -1.800.ALAMODE
Borrower/CIiet'lf Rambarran
Pro e Address N/S GGB E, west of Eve lades Blvd
C' Na 8S
Lender Collier Coun Govrrrans ortation Division
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IMajnfileNo.p~~~o_ 16B1
January 12. 2010
13 of 17
Cou Collier
Stale FL
Zi Code 34120
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IMainFileNo p~~O" 1681
January 12. 2010
Page 14 of 17
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competi~ve 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 s~mulus. Implicit in this
definition is lhe consummation of a sale as of a specified date and t~ passing of litie from seller to buyer under conditions whereby: (1) buyer and seiler are
typically motivaled; (2) both parties are well iniormed or wen advised, and each acting in what he considers his own best interesl; (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 iinancial arrangements comparable lhereto; 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
lhesala.
. 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 resu~ of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually ail sales transactions, Special or creative financing adjustmellls can be made to the
comparable property by comparisons 10 financing terms offered by a third party Institutional lender that is nol already invowed in the
properly or transaction. Any adjustment should not be calculated on a mechanical doUar for dollar cosl of the financing or concession
but the do~ar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certiftcation fhal appears in the appraisal report is subject to lhe following
collditions:
1, The appraiserwlll not be responsible for matters of a legal nature that affect either the property being appraised orthelifle to it. The appraiser assumes that
the tifu is good and marketable and, therefore, will not render any opinions abolll the ti~e. 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 lhe sketch Is included only to assisl
the reader of the report in visualizing the property and understanding the ap praiser's determinafion of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is iocated in an idenbfied Special Rood Hazard Area. Because the appraiser is not a surveyor, he or she makes
noguarantees,expressorimplied,regardingthisdetermination.
4, The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made befotehand.
5. Tile appraiser has estimated the value oj the land in the cost approach at its highest and best use and the improvements althelr contributory value. These
separate valuations of !he land and improvements must nol be used in conjunction with any other appraisal arid are invalid it they are so used.
6. The appraiser has noted in !he appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence 01 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 01 hazardous wastes, toxic substances. etc.) that would make the property more or less valuable, and
has assumed that there are no such condrtions 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 jor any engineering or testing that might be required to discover whelher such
condrtions exist Because the appraiser is not an expert in lITe lieid of environmerrtal hazards, the appraisal report must not be considered as an
environmerTlalassessment 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 lhem to he true and correct. The appraiser does not assume responsibility for the accuracy of such items 1l1al were furnished by other
parnes,
8. The appraiser will no! disclose the coments 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 valuaHon conclusion for an appraisal that is subject to satisjactory completion, repairs, or
atterations 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
OncludirY;l conclusions about the property value, the appraiser's iderrtity and professional designations, and references to any proiessional appraisal
arganizatians or the finn wlth which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer: consuttants: 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 oi Columbia; exceplthatthe lender/client may distribule the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior wrrtten consent. The appraiser's written consem and approval must also
be obtained before l11e appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 4396.93
Page10f2
Fannie Mae Form 1Q04B 6-93
Collier County Government
Form ACR ~ "WinTQTAl" appraisal sottware by a la mode, inc, - 1,BOO-ALAMODE
IMainFileNo p~o. 1681
January 12, 2010
Page 15 of 17
--
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I t1ave researchOO the subject market area aoo 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 adjustmel1l when appropriate to reflect the market reaction to those items af significal1l
variation. ~ a sign~icant ilem in a comparable properly is superior 10, Of more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sates price of !he comparable and, If a signnlcanl ~em in a comparable properly is inferior 10, or less favorable than the subject property, r have made
a posiUve 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 besl of my knowledge, that all statements and information in !he
appraisal report are true and correct.
3. I stated in the appraisal report only myoWl1 personal, unbiased, and professlonai analysis, opinions, andconciusions, which are subject only to the contingent
arid limiting condRions specified in lhls fonn.
4. I have no present or prospective interest In the properly that is the subject to this report, and I have no present or prospective personal interesl or bias with
respect to the participants in the transaction. I did not base, eitherpartiany or completely, my analysis andJorthe estimale of markel value in the appraisal report
on the race, cobr. religion, sex, handicap, familial slatus, or national origin of eiltler the prospective oWl1ers or occupants of the subjecl property or of the present
owners or occupants of the properties In thevicinily of the subject properly.
5. I have no present or contemplated future interest in the Subject property, and neither my current or future employmelll nor my compensation for performing this
appraisal is contingelll an the appraised value of the property.
6. I was not required to report a predetermined value or direclion in value thaI favors the cause of the clienl or any related party, the amount of the value estimale,
the attainment of a specific resu~, 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 reportona reQuested minimum valuation, a s pecnic valualion, ortheneOO to approve a specific mortgage loan.
7. I performed this appraisal in confonnity with the Unfform Standards at 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 effeclive dale oflhis appraisal, wrth tIE exception of tIE departure provision of toose
Standards, which does not apply. I acknawledge thaI an estimale of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimare I deveklped is consistent with the marketing time noled in the neighbarhood section of this report, unless I have otherwise staled in the
reconciliationseclion,
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8. I have personally inspected fIE interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report
I turther 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 condnions on lhe marketability of the Subject property.
9. I personally prepared all conclusions and opinions about the real eslate that were set forth in the appraisal report n I relied on significant professional
assistance from any individual or individuals in the performance of the appraisai or the preparation of the appraisal report, I have named such individual(s) and
disclosed the specifiC tasks performed by them in lhereconciliation section oflhis appraisal report. I certify lhat any individual so named is Qualified 10 perform
the Iasks.lhavenot authorized anyone to make a change to any ijem inlhe report; lherefore, it an unauthorized change is made to the appraisal report, I will take
no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: Jf a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who preparad the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to 00 bound bylhe appraiser's certifications numbered 4 !hrough 7 above, and am taking full responsibilily for lhe appraisal and the appraisa I report.
ADDRESS OF PROPERTY APPRAISED:
N/S GGB E, west of Everqlades Blvd, Naples, FL 34120
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature:
Name Harry Henderson, SRA
Date Signed: November 13, 2009
State Certification #: RD3475
or State Ucense #:
Slate: Fl
Expiration Date of Certification or License: 11/30/10
Signature:
Name:
Date Signed:
State Certlficalion #:
or State License #:
State:
Expiration Date of Certification or License:
o Did
o Did Nollnspecl Property
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Freddie Mac Form4396.9J
Page20f2
Farmie Mae Form 100486-93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
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Agenda Item No. 1681
January 12, 2010
Page160f17
MAP LEGEND
Stf~N~
o P..~.
D SubdlviS40na
AefiaJa 2009 [6 lndl Urban)
Aet'tals 2009 It FEET)
o BUilding Fcotprlnbl
. ColUIlf Ccun1y
,
'Folio Number: 40624840004
Name: RAMKUMAR, PAP AS=& RUCKMANSE
iStreet# & Name: NO SITE ADDRESS
iLegal Description: GOLDEN GATE EST UNIT 76 W ] 80FT OF TR 73 OR 1] 70
, .
Agenda Item No. 1681
January 12, 2010
Page 17 of 17
_.
i1:) 2004, Collier County Property Appraiser. While the Collier County Property Appraiser is
committed to providing the most accurate and up-to-date information, no warranties
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