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Agenda 01/26/2010 Item #16B2Agenda Item No. 1662 January 26, 2010 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way, Drainage and Utility Easement and accept the donation of a Temporary Driveway Restoration Easement which are required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,785.00). OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual Non- exclusive Road Right -of -Way, Drainage and Utility Easement (Parcel 425RDUE) and accept the donation of a Temporary Driveway Restoration Easement (Parcel 425TDRE) which are required for the construction of the proposed four - laning improvements to Golden Gate Boulevard. CONSIDERATIONS: The subject Parcel 425RDUE (a legal description and sketch of which is attached hereto) contains 0.076 acres (3,300 square feet) and is located on the North side of Golden Gate Boulevard between Everglades Boulevard and DeSoto Boulevard. The parent tract property is owned by Shirley J. Hinds. The purchase price (per acre) for this parcel is roughly equivalent to its 2009 assessed land value. That part of the purchase price of the easement attributable to the improvements impacted by the easement acquisition was valued using the Marshal Valuation Service and/or contractor estimates. An appraisal indicating the most probable sale price of the easement parcel in the current real estate market has been prepared and accompanies this Executive Summary at the Board's request; but it has a limited relationship to the overall cost of this parcel as part of the project. The appraisal, by itself does not take into account the attorney fees and expert fees and costs which the County could expect to pay if the relationship between the property owner and the County becomes adversarial. Fees for a property owner's appraiser, engineer, landscape architect, building contractor and attorney could easily add up to many thousands of dollars; and the County would be obligated to pay them under the provisions of state law. Staff believes the following are compelling reasons to purchase Parcel 425RDUE at the negotiated price: The owners are cooperating with staff so there are no attorney or expert fees. A single expert witness hired by the owner is likely to cost the County more than the difference between the assessed value of the easement and the market value of the easement. 2. This is not a forced sale. It will be several more years before we would have to take the easement through condemnation in order to proceed with construction. Conceivably, the owners can afford to wait for the market to improve in the intervening years. However, the owners are willing to sell now at a time when prices are low. 3. The principle of substitution, which lies at the heart of market value, does not necessarily apply when it comes to negotiating the purchase price for right -of -way. The principle of substitution Agenda Item No. 16132 January 26, 2010 Page 2 of 18 states that a buyer will not pay more for any given property than that price for which a substitute property of equal utility can be purchased. In the case of right -of -way acquisition, once a corridor has been approved, an alignment has been selected, and the roadway improvements have been designed, there are no substitute parcels which will satisfy the project requirements other than the parcels for which we are negotiating. 4. When negotiating a price for right -of -way, it must be remembered that regardless of the market value of the property as indicated by comparable sales, a property's assessed value may be introduced as an admission against the interest of the petitioner (when the petitioner is County government) in the event the easement parcel must be taken through condemnation. In which case, not only is a jury likely to give sympathetic weight to the property's assessed value (when it is higher than the current market value), but the petitioner must pay for the costs of the proceedings (which includes the fees of the owner's attorney and the expert witnesses for both sides.) FISCAL IMPACT: The fiscal impact is the purchase price of $2,185.00 plus recording fees, title and insurance fees of $600.00. The funds will be paid from gas taxes and/or impact fees. LEGAL CONSIDERATIONS: This Executive Summary is legally sufficient for Board action - RNZ GROWTH MANAGEMENT IMPACT: 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 Agreements and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcels 425RDUE and 425TDRE to Collier County and authorize the County Manager, or his designee, to: (a) take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreements, and (b) 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; and 4. Approve any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM Attachments: (1) Easement Agreements with Exhibits "A" and `B "; (2) Aerial View of the Property; (3) Appraisal Report Agenda Item No. 16B2 January 26, 2010 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1682 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right-of- Way, Drainage and Utility Easement and accept the donation of a Temporary Driveway Restoration Easement which are required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,785.00). Meeting Date: 1126/2010 9:00:00 AM Prepared By Margaret Kreynus Property Acquisition Specialist, Senior Date Transportation Engineering & Transportation Division Construction Management 11612010 4:11:38 PM Approved By Kevin H. Dugan Project Manager Date Transportation Engineering & Transportation Division Construction Management 11712010 8:16 AM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering & Transportation Division Construction Management 11712010 1:59 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 118/2010 10:30 AM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 1181201011:05 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 1/812010 4:28 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 1/11/201012:56 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Transportation Division Transportation Administration 111112010 4:46 PM Agenda Item No. 16B2 January 26, 2010 Page 4 of 18 Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 1112/201011:42 AM Approved By Jeff Klatzkow County Attorney Date 111 31201 0 1:50 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 111412010 9:18 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1115/2010 4:28 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/16/2010 9:53 AM Agenda Item No. 1682 January 26, 2010 Page 5 of 18 PROPERTY LOCATION AND OWNERSHIP Name: Shirley J. Hinds Address: 3585 Golden Gate Boulevard East (between Everglades Boulevard and Desoto Boulevard) Folio Number: 40685160008 LAND APPRAISAL REPORT Main fit 0. 1682 File No Parcd� Wg 26, 2010 6of18 Borrawar Owner: Hinds Census Tract 112.02 Map Reference S5- T49 -R28 Property Address 3585 Golden Gate Blvd E. City Naples Caumy Collier State FL Lp Code 34120 Legal Description Golden Gate Estate. Unit 77 W 165ft of Treat 64 OR 1371 PG 1313 Sale Price $ N/A Date N Sale N/A Loan Tam N/A ym. Property Rights Appraised Z Fes ❑ Leasehod ❑ De Mlnlmis PU Actual Real Estate Taxes $ 790.91 (yr) Loan charges to be paid by seller i NIA Other sales concessions N/A Lender/Client Collier County Gov/Transportation Dhdsbn Address 2885 South Horseshoe Drive Naples FL 34104 Occupant owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Market Value Parent Trect/Partad Take an Folio #40685160008 his Is ion roved roe appraisal considers land and impacts improvements on Location Urban Suburban L Rural Built Up ❑bier 75% ® 25% to 75% ❑ Under 25% Sol Rate ❑ ANY Dev, ❑ Rapid ❑ Steady Z Slow Property Values ❑Increasing El stable ®Declining Demeno/Supply ❑ Shortage ❑ In Balance Z Oversupply Goad Employment Stability Convenience to Emydoyment Convenience to Shopping Convenience N Schools ❑ ❑ ❑ ❑ Avg, ❑ Z Z Z Fair Z ❑ ❑ ❑ Poor ❑ ❑ ❑ ❑ Marketing Time ❑ Under 3 Mos. ❑ 4 -6 Mos. Z Ova 6 Mos. Adequacy of Public Transportation ❑ Z ❑ ❑ Present land Use 50 %1 Family _ %2 -4 Family _ %Ants. _ % Cando _ %Commemlal Recreational FacllPoes ❑ Z ❑ ❑ % Industrial 50% Vacuum _% Adequacy of LtUb s ❑ Z ❑ ❑ Change In Present Land Use Not Likely Z Likely (•) ❑ Taking Place (h Property Compa66111ry ❑ Z ❑ ❑ r) From vacant To single- family Nobel from Debhnemal CondNons ❑ Z ❑ ❑ Premmu ad Occupancy Z Dina ❑ Tenant —% Vacant Police and Am Prambon ❑ Z ❑ ❑ Single Family Price Range $ 80,000 to $ 315.000 Predominant Value $ 135,000 Ge eral Appearance at Properties ❑ Z ❑ ❑ Single Famly Ape 1 yin. to 30 line. Predominant Ape 10 yrs. Appeal to Markel ❑ Z ❑ ❑ wise) See attached addenda. Commands Including those factions, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, Dimensions 165 x 680 2.58 Sq. Ft. or Acres U Comer Lot Zoning classification Estates (2.25 acre conforming lot size min.) Present Improvements ® do ® do not cordon to mining regulations Highest and best use Z Present we Other s Public Other (Describe) OFF SITE IMPHOVEMEMS Topo Level Elm. ® Steel Access ®Public ❑ Private Size Compatible with area Gas ❑ Surface Macadam Shape Rectangular Water ❑ Maintenance Z Public ❑ Nate Yew Ne' hbomood San. Sewer ❑ ❑ Storm Sewer ❑ CuMGubr Drainage Appears to be adequate ❑ Underground Elect. $ Tel. Sidewalk 177 Street Lights M the prop rty ImmM M e HUD klom#led Special Flood Hand ANN? Z No ❑ Yee Comments pavasbla or unfacmdre Including any apparent adverse Nue mints, encmachmmds, or dher adverse condldons): Zone D. Comm #120067CO250G dtd 11117105 No adverse conditions observed. Typical roadway and /or parameter utility easements most on the she these are common in the area and do not Impact value. The undersigned has recited Inc recent sales of Droperdes most similar and proximate to subject and has comldered men In the marks analysis. The description imludes a dalar adjustment rehecOnp make reaction to man Items of signitkam variation bewnn the subject and comparable properbes. H a significant aeon in to comparable, property is superior Is or more favaratee mall be subject property a minus (I adjustment Is made thus reducing to warned value of subject 6 a sgnllicam item In me comparace is interior lo or less favorable than the subject property, a plus ( +) adjustment Is made thus increasing the Indicated value of the subject ITEM I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO. 2 COMPARABLE NO .3 Address 3585 Golden Gate Blvd E. W/S 2nd Street St NE 521 8th Street HE 78116th Avenue NW Naples. FL 34120 Naples, FL 34120 Naples, FL 34120 Na es FL 34120 Proodarly to Subject 4.22 miles W 3.32 miles W 5.14 miles NW Sales Price N/A 17 550 /ec 10676/8 10 622 /ac Price Gros3 28.875 9 30,000 29,000 Data Sonce MLS #209014652 MLS #209006130 MLS #209034971 Date of Sale and DESCRIPTION DESCRIPTION +- Ad uat. DESCRIPTION +- 19 Adjust DESCRIPTION +- Adjust. Ting Animation N/A 4/09 9/09 4109 Location GGE Similar Similar Similar ' shieview 2.58 acres 12.50 acres in $ /ac 2.81 acres 1 in /ac 2.73 acres i in /ac Topography Level/natural Level/natural Level/natural Level /natural Zonsin Estates Estates Estates Estates Sales or Financing N/A Cash or Equiv. Cash or Equiv. Cash or Equiv. Concessions N Ad'. afar + + + Indicated Value of Subject $ 11,550 $ 10,676 10,622 Commerce on Marker Data: See attached addenda. Commands and Conditions at Appraisal: Subject and comps are compared on 8 $ /acre unit price basil A unit price of $11.000 /acre is selected as most reasonable for the subject tract. See attached Limiting Conditions. Final Reconciliation: The subject ROW parcel is a 20ft -wide strip mnnina along the sub'ecPs GGB fronts w the total area of the taking arced is .076 acres. At a unit/ rice of $11 000 /acre the estimated land value of the subject taking us: .076 acres x $11 000 /acre = $838 plus $400 in driveway material In take area. Total appraised won ensatbn: $1,236. 1 UnM U THE MUM "WE. RS DEFINED, DP SUBJECT MUPERW AN OF November 13, rag 09 to be $ 1,236 (partial take Harry Henderson, SRA ❑ Did ❑ Did Not Physically Inspect Property A relser s Review Appraiser M applicable) (Y21(1 Collier County Government Form LND — "WnTOTAL" appraisal scheme by a Is mode, Inc. — 1- BOD- ALAMODE unDlemental Addendum �I o. 1682 le NO. Paroe1425RDUEanuary 26 2010 e7of18 Bortower /Cliere Owner: Hinds - - -- -- Pro Address 3585 Golden Gate Blvd E. C Na lee C00 Collier State FL L CON 34120 Laurie Collier Coun Gov ?rang oriatlon Division • Land: Nelphborhood Market Factors The subject is located in the central pen of unincorporated Collier County In the Golden Gate Estates area. Golden Gets Estates is a sprawling pre - platted subdivision consisting of acreage -typs single -family homesites (1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive, Golden Gate Boulevard is an east-west running thor fam linking the eastern Estates area to Collier Boulevard (with greater Naples beyond). Maintenance levels In the area are average. • land : Market Date The subject and comps are compared on a unlUprics ($/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 $10,622/aore to $11,550 /acre; given the comparison criteria discussed, a unit price of $11,000 /acre Is selected as reasonable for the subject lands. The Proposed Take Parcel 425RDUE is a 20ft -wide strip taking running along the front of the subject sits on Golden 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 3,300 at or .076 acres. Fmm TADD — 'wmTOTAL' appraisal software by a b mode, IM. — 1- 800-ALAMODE Location Map Fill o. 16B2 January 26, 2010 e8of18 Borrower Clierd Owner: Hinds Property Address 3585 Golden Gate Blvd E. CKY Naples County Collier State FL Zip Code 34120 Lender Collier County Gov/Transportation Division Be - 1 PeMre Odf erd -'"P''•.- � `� � + +dui -+x+ AM Ns'� .: - qy„'u' -,v;. Caaihy fJUb AIy '4"a' `t'#- �k� �'M'^ • ••• _• aNrMY Aw iN. -0 "mid Wkbb .... Di%ICNb-- -Mt sY• -Nw ,NF ,yX; xk ._V.iyr- .,. Aga MerMH Fw'INOaOe�' eso e T ry BonXe"- .Wco HedaHe BeY @eel AW ��' `. p:.. -e• .W # AI # A .W/)M Ce pee Pl7ej.. - Odf CXb ddf ClaA! v .. - e fi ,8.g5F -tk w'. �4- Vandadfl °.tle at' C. CWb Gqf S W 1.22 wiles W Cal - (( oat eM udXYl and •. 6 64 - — aL Doll Courm aw 'z. df ❑4b- oogaw . Fan MARLOC — W nTOTAL' appraisal soltwam by a la made, Inc.- 1.800-ALAMODE M-in File No P RR" 41M o. 1682 January 26, 2010 Page 9 of 18 DEFINITION OF MARKET VALUE: The moat probable price which a property, should bring in a competitive and open market under al conditions requisite to a tab sat, tie buyer and seller, each acting prudery, Imowledgeahy and sssurrag the price Is not affected by undue simdus. hpllcr in this defirdppn is the commandant of a sale as of a speared date and the passing of ft% iron seller to buyer under cardleons whaleby: (1) fryer and shier are typically motivated; (2) both pares are wed Waned or wd advised, and each acting In what he considers his awn beat Interest; (3) a reasonable time Is allowed for monaural In the open marat (4) payment Is made In same of cash in U.S. colors or in terms of financial ariangemmds comparable thereto; and (5) the price represents the normal consideration for the property soh urerected by special or creative finsnsinp or sales concessions- granted by anyone associated with the sale. `Adjnsmners to the comparebles must be made for special on creative finsrchg or saes concessions. No adjustments arc recessary for those costs which are nomoaly paid by sellers as a resdf of tradition or law In a market area; case cosh are readily Idm fiable since the seller pays these cosh In vhtoely al sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing hens offered by a wnd party Institutional lender fat is not already ImoNed In the properly or transaction. Any adjustmed should not be calcmeted on a mechanical dolor for dolor cast of de (baking or concession but the dollar amount of any adjustment should approximate fe makers reaction to the financing a 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 de appraisal report Is subject to flee following conditions: 1. The appraiser coil not be responsible for mades of a legal nature that all ad amt the property being appalsed or the title to r. The appraiser assumes mat the title Is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of h being under responsible ownership. 2. The appreisiser has provided a sketch In the appraisal report to show approximate dimenslons of the Improvements and the sketch Is Included oay to assist the reader of the report in Asualaag the property and understanding the appramer's determination of its size. S. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or Oder data sources) and has noted In the appraisal report whefe the subject site is located in an identified Special Hood Hazard Area, Because the appraiser Is not a surveyor, he a she makes no guaremeea, express or Imoiied, regarding this determination. 4. The appraise wall not give testimony or appear in count because he or she made an appraisal of the property in question, unless specific anangerrents to do so have been made beforehand. 5. The appraisal has estimated the value of the and in ale coat approach at he Mghest and beat use and the Improvements at Mr candbutory value. These separeto valuations at flee and and improvemdtla most not be used in conjunction with any other appraisal and are amid 9 ft are so used. 6. The appalsa has noted In tie appraisal report Barg adverse condtions (such as, needed repairs, depreciation, the presence at hazardous wastes, toxic substances, era.) observed during the inspection d 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 repo", the appraiser has no knowledge at any hidden or inapparent conditions of the property or adverse emimnmetil conditions (ncluding tie presenu of hazardous wastes, toxic substances, etc.) that would make tie property more or less valuable, and has assumed dot rite are no such candidates and makes an guarantees or wamarles, repress or Implied, regarhg flee condtion of the property. The appraiser will not be responsible for any such condli a r; that do exist or for any eipine ping or testing that might be regared to discover whe0er such condtions exist. Because to appraiser is not an expert In the field of environmental hazards, the appraisal report must rot be considered as an envinonmartal assessment of the property. 7. The appraiser obtained the imormation, estimates, and opinions that were expressed In the appraisal report from sources dot he a she considers to W reliable and believes them to be true and coned. The appraiser does not assume responsibility for the accuracy of such hats that were harassed by other pares. B. The appraiser will net disclose the contents of the appraisal repo" except as provided for in the Uniform Standards of Professional Appraisal Prac9ce. 9. The appraiser has based his or her appraisal mount and valuation conclusion for an appraisal that Is subject to satisfactory completion, repairs, or attentions on the assumption Nish completion of tie improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior wren consent before the onderlclem specified In the appraisal mpart can distribute the appraisal report (including conclusions about the property value, ft appraiser's identity and professional designations, and references to any professional appraisal organizations a the firm with which the appraisal is associated) to anyone other fan the borrower, the mortgagee or Its successors and assigns; tie mortgage insurer, consultants; professional appraisal organaata s; any state or federally approved financial Irradiation: or any depamnem, agency, or itstrimemaltty of the United States or any at* a Me Damon at Columba; except that the lendeatckem may distribute the property description section of the report any to data collection or mooning servicels) without having to obtain the appraiser's prior written consent The appraiser's written consent and approval mud alto be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Farm 439 6 -93 Page 1 of 2 Fannie Mae Form 1004B 6-93 Collier County Oovemmem Form ACR — InTOTAL• appraisal software by a Is mode, ins. — 1.800- ALAMODE IM�nFileNo Para a2saoue eel ae� o. 1692 January 26, 2010 Page 10 of 18 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have resesrohed tie subject market area and have selected a minimum of three recent Saks of properties moat similar and prop mate to the subject property for consideration in the Saks compatson analysis and have made a dollar adjustment when appropriate to reflect the market reaction to these on of sigulficant varlatoa M a significant Item In a comparable property Is superior to, or more favorable than, tie subject properly, I have made a negative adjushrwnt to reduce to adjusted sales price of the comparable and, 9 a significant bent In a comparable property Is Interior to, at less favorable than the subject property, I have made a positive adjustment to Increase the adjusted sales price of Me comparable. 2. 1 have taken Into consideratim the factors that have an impact on value In my development of the estimate at market value in the appraisal report I have not knowingly wMW any significant Information from the appraisal report and I befleve, to to beat of my krowledge, that at statements and Intamhaton in the appraisal report are thus 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 na present or prospective Interest In the propeM I is the subject to this report and I have no im sect a prospective personal interest or bias with respect to the participants In the thermal I did not base, ether pardatiy or completely, any analysis and/or the estimate at market value In the appraisal report on the race, color, religion, sex, handicap, familial statue, or ha l origin at ether the prospective owners or occupants at the subject property or of ft present owners or occupants of the properties in the vicinity of the subject property. 5. 1 harem present or Contemplated fulure Interest In the subject property, and nether my, current or huge employment nor my compensation for pertomntng this appraisal is contingent on the appraised vale of the propery. 6. 1 was not required to report a Predetermined value or direction k value that favors the came of the client or any related parry, the amount of the value estimate, the atarnmem of a specific remit, or the occurrence of a subsequent event In order to receive my compensation and/or engkymmt for performing are appraisal. I did not one the appraisal report on a requested minimum valuation, a spedBC valuation, or tie read to approve a specific mortgage lean. 7. 1 per rand this appraisal In wn ommy with the Ontfemi Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundabon and that were in place ar of the effective date of this appmisal, with the werption of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for Mosu a in tie open market Is a condition h the definition of market value and the estmate I developed is consistent with the marketing time noted In the neighborhood secuon 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 ehderior at an properties listed as comparebles In the appraisal report I fuller certify that I have noted any apparent or loom adverse conditions In to subject improvements, on the subject site, or an any she within the immediate vicinity of the subject property of which I am aware and have made adjustmats for these adverse coMtlons In my analysis of the property vain to the adert tot I had market evidence to support them. I have also commented about the effect of the adverse condthons on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were sat form In the appraisal report it I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or to preparation of the appraisal report, I have named such individual(s) and disclosed the specifo tasks performed by them In the reconciliation section of this appraisal report. I certify tad all individual so named is qualified to perform the tasks. I have not authorize anyone to make a change to am item in the report therefore, t an unauthorized change is made to the appraisal report, I wll take no responsibility for k SUPERVISORY APPRAISER'S CERTIFICATION: it 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 camlushons of the appraiser, agree to be bound by the appralsefs certifications numbered 4 through 7 above, all am taking full responsibility for the appraisal and to appraisal report. ADDRESS OF PROPERTY APPRAISED: 3565 Golden Gate Blvd E Naples FL 34120 APPRAISER: SUPERVISORY APPRAISER (only It required): Signature: Signature: Nan: Harry Henderson SRA Name: Date Signed: November13 2009 Date Signed: State Certficadon #: RD3475 State Comficatian #: or State License #: or State License #: State: FL Scats: Eayiration Data at Certification or License: 11/30/10 E-VIratim Date of Gedticatkn or Llcense: ❑ Did ❑ Did Nat Inspect Property Freddie Mac Form 439 6 -93 Page 2 of 2 Fannie Mae Form 1004B 6 -93 Form ACR — 'WnTOTAV appraisal software by a Is mode, Inc. — 1 -800-ALAMODE PROJECT: 60040 PARCEL No: 425RDUE FOLIO Not 40685160008 EASEMENT AGREEMENT Agenda Item No. 16B2 January 26, 2Q10 Page 11 0 ( 18 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 'x q day of I) e r. , 2009, by and between JERRY E. HINDS and SHIRLEY J. HINDS, husband and wife, whose mailing address is 3585 Golden Gate Boulevard, Naples, FL 34120 -3724, (hereinafter collectively referred to as "Owner), and COLLIER' COUNTY', . a political subdivision of the State of Florida, whose mailing address is .3301 Tamiaml Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"):: WHEREAS, Purchaser requires a perpetual, non - exclusive right -of -way, drainage and utility easement to enter upon and to install and maintain roadway, bike path and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, Hp. rap and retaining wall systems, underground pipes, various types of water control structures, the right to remove and use any and all excavated material, and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, and 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: 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: $2,185.00, 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 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 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 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 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: (a) Easement; (b) Closing Statement; (c) Grantor's Non- Foreign, Taxpayer Identification and "Gap" Affidavit;: Agenda Item No. 16132 P,laftyary 26, 2010 ��` PPage 12 of 18 (d) W -9 Form; and (a) 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. d. 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 Seter,' and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 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, 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 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 Agenda Item No. 16B2 pa�ngary 26, 2010 Page 13 of 18 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 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 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 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 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. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and ail 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 - 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. 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. 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, and /or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the Easement in the form of partnership, limited partnership, corporation, trust or any form of representative rapacity 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 Chapter 286, Florida Statutes.) 12. 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 Agenda Item No. 1682 pary 26, 2010 Page 14 of 18 covenants not contained herein. No modification,.. amendment of cancellation of this Agreement shall he 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: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witness (Signature) C \yr,- Jae. l \�1n�� Name (Print /orr Type) r �{v /111tness (Signature) Name (print or Type) Witness (Signature) ameType_S nness (Signature) r ;iaC 1N�Lt..0 /7.r Z Name (Print or Type) Approved as to form and legal s ici Assistant CDeAty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE. Chairman JERRY E_ HINDS SHIRLEY J. VINDS L � T WEST 165' OF ALBINO TRACT 54 OR 1233/1438 HINDS OR 1371/1313 I !6` 210 1 0 18 TRACT 63 TRACT 64 TRACT 81 GOLDEN GATE ESTATES UNIT 77 PLAT BOOK 5 PAGE 15 N W E PROPOSED ROADWAY EASEMENT 5 PARCEL 425 RDUE Z. o m M. 20' <x r y 251 f I GOLDEN GATE BOULEVARD (CR'876) OR OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) EXHW EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL. Pop I �� USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 425 ROLE A PORTION OF TRACT 64, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK S. PACE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 2B EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 165 FEET OF SAID TRACT ` 4. CONTAINING 3,300 SQUARE FEET, MORE OR LESS. °�e�so SKETCH R DESCRIPTION ONLY a" NOT A BOUNDARY SURVEY Y LA SCALE: 1' 80'. ML Rc51W�'! w. :uol FOR: COLLIER v`"� wTe f COUNTY GWLRNMENT 6OARD OF COUNTY COMMISSIONERS wtrnio niYaur rx[ GOLDEN CATS BOULEVARD aMtaxrl r RIIaEU nmesam su4 pt `1DIi1d R tmm P Stm4vpR .vyo ILwMSp, ac SKETCH 8 DESCRIPTION OF: PROPOSED ROADWAY EASEMENT TA >� PARCEL 425 RDUE COLLIER COUNTY, FLORIDA Ramwao.. r.,xdue.aw. aao NRYIeR RuMRSCiW 1 OF Agenda Item No. 16B2 January 26, 2010 Page 16 of 18 PROJECT: 60040 PARCEL No: 425TDRE FOLIO No: 40685160008 TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into on this 103— day of bec,PY e - , 2009, by and between JERRY E. HINDS and SHIRLEY J. HINDS, husband and wife, whose mailing address is 3585 Golden Gate Boulevard, Naples, FL 34120 -3724, (hereinafter collectively referred to as' Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"). whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non - monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway, and desires to convey the TDRE to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TDRE requested by County. NOW, THEREFORE, in consideration of these premises set forth above, 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. Ali 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 TDRE to County at no charge to the County. 3. Owner shall deliver the property executed TORE instrument to County within 30 days of the date of this Agreement. 4. The County shall pay for all costs of recording the TDRE instrument in the Public Records of Collier County, Florida. 5. 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. 6. The TDRE shall commence upon its recording in the Public Records of Collier County, Florida. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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 Agenda Item No. January 26, Page 17 or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement may only be amended in writing by the parties hereto. 8. 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: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witness (Signature) Chr-Nenr Wnc1S Name (Print or Type) R a fitness (Signature) Name (Print or Type) Witness (Signature) C... �NAnr ).1 ipA � Name (Print or Type) 1 Witness (Signature) Name (94 .1r Type) Approved astoform and legal sufficienc Assistant my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman JERRY E. HINDS SHIRLEY J. FPNDS 18 • �' Aaenda Item No. January Page 1 WEST 165' OF ALBINO; TRACT 64- OR 1233/1436 HINDS OR 1371/1313 TRACT 63 TRACT 64 TRACT 81. GOLDEN GATE ESTATES UNIT 77 PLAT BOOK 5 PACE 15! N WEST LINE OF TRACT 69 PROPOSED TEMPORARY DRIVEWAY W E RESTORATION .9 TORE ENT so. TORE 2DD so. Fr. S POINT OF NORTH LINE OF BEGINNING L3 SOUTH 70' OF J TRACT 54 20' L2 i F01NT OF / COMMENCEMENT /: 50 246 +00 249 0 0 +0 - -� 251 +00 252 +00 253 +00 1 ' I I I r GOLDEN GATE BOULEVARD (CR 876) OR OFFICIAL RECORDS (BOOK /PAGE) =. PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) Ep�XHW �. PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) r� I EXISTING .ROADWAY EASEMENT DEDICATED. TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 425 TORE A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION ':5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COWER COUNTY, FLORIDA, DEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 64; THENCE N.00'29'30 "W.. ALONG THE WEST LINE OF SAID TRACT 54, FOR 70.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 70 FEET OF SAID TRACT 64; THENCE ',89'31'15 "E.. ALONG SAID NORTH LINE, FOR 141.22 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.0028'45'W., FOR 10.DO FEET; THENCE N.89'31'15 "E:, FOR 20,00 FEET; THENCE S.00'28'45'E., FOR 10.00 FEET, TO A POINT ON SAID NORTH LINE; THENCE S.8PARC 5 "W., ALONG SAID NORTH LINE. FOR 20.00 FEET 70 THE POINT OF R O7NNING O HEREIN DESCRIBED PARCEL. CONTAINING 200 SQUARE FEET, MORE OR LESS. 0 40 90 I.D AAL�l SKETCH & DESCRIPTION ONLY —� CD LA. WOO, Pn swn� mRn.ea a ww¢x NOT A BOUNDARY SURVEY nnRroA..6mn u1yxD, awi 3cA :1•.90' SG NG D.NC {nT! FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT °"10 Mtt11d1R IHE OAZ& &D `F RAIDED U..— srx OF A F10R KO RM MR l SD MD W KR. GOLDEN GATE BOULEVARD TNC` 1A°Ee BARTER &DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY IEbJ 4L PARCEL 425 TORE RESTORATION EASEMENT i � � •� i s'^ah mMgy�os 6810 W1Ew PM.OMa, 9Wm SW COLLIER COUNTY, FLORIDA NWo, Fella MIW Ppms.ITJDI9 LS N- FAK I2'!Bj SGTdf]B L9 Na'6951 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN 8Y FILE NAME SHEET 050217.00.00 0007 5 49 28 1` = 80' FEEL 2008 S.D.L. UN77 SK425TDRE 1 OF 1 LINE TABLE. LINE BEARING LENGTH' LL NW'29'30 'W 70.00' L2- '89'31'15 "E 141.22' L3 NO_0'28'45"W 10.00` L4 '89'31'1 ":E 20.00' L5 500'.28'45 ' 1682 2010 of 18 € 1 10.OD' L6 S S89' 1'15"W 2 20.00` 18