Agenda 01/26/2010 Item #16B3Agenda Item No. 1683
January 26, 2010
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way,
Drainage and Utility Easement which is 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: $4,120.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual non-
exclusive road right -of -way, drainage and utility easement which is required for the construction of the
proposed four - laning improvements to Golden Gate Boulevard.
CONSIDERATIONS: The subject easement parcel (a legal description and sketch of which is
attached hereto) contains 5,400 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 Mr. and
Mrs. Kosciuczyk.
The purchase price is $3,720.00 ($30,000.00 per acre) for the easement parcel and is equivalent to its
2009 assessed land value.
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 the subject property at the negotiated
price:
1. 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
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
Agenda Item No. 16B3
January 26, 2010
Page 2 of 17
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 $4,120.00 and includes the $3,720.00 as the negotiated price
of the easement plus title search, title insurance and recording fees not to exceed $400.00. Source of
funds will be paid from gas taxes and/or impact fees.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient —JBW.
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 Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel No. 179 to Collier County and authorize the County Manager, or
his designee, to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager, or his designee, to take the necessary measures to ensure the
County's 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 Sonja Stephenson, Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments: (1) Easement Agreement; (2) Property Location Map; (3) Appraisal Report; (4) Legal
Description/Sketch
Agenda Item No. 1663
January 26, 2010
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 1683
Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of-
Way, Drainage and Utility Easement which is 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: $4,120.00).
Meeting Date: 1/2612010 9:00:00 AM
Prepared By
Sonja Stephenson
Property Acquisition Specialist
Date
Transportation Engineering &
Transportation Division
Construction Management
1/712010 3:51:29 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
1/812010 10:06 AM
Approved By
Kevin Hendricks
Manager- Right of Way
Date
Transportation Engineering &
Transportation Division
Construction Management
118/201011:08 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
1/8/2010 4:33 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Division
Transportation Administration
111112010 12:56 PM
Approved By
Gary Putaansuu
Project Manager, Principal
Date
Transportation Engineering &
Transportation Division
Construction Management
111112010 3:58 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Transportation Division
Transportation Administration
111112010 4:59 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
1/12/2010 11:53 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Approved By
Jeff Klatzkow
Office of Management & Budget
County Attorney
Agenda Item No. 1663
January 26, 2010
Page 4 of 17
111412010 9:45 AM
Date
1/1412010 4:44 PM
Approved By
Susan Usher Management/Budget Analyst, Senior Date
Office of Management &
Office of Management 8 Budget 111912010 5:47 PM
Budget
Approved By
Mark lsackson Management/Budget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 111912010 6:37 PM
PROJECT: 60040
PARCEL No(s): #179
FOLIO No(s): 37290720008
EASEMENT AGREEMENT
Agenda Item No. 1t B3
January 26, 2 10
Page 5 o 17
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement) is
made and entered into on this _ day of 20_, by and between
PABLO A. KOSCIUCZYK AND SUSANNA S. KOSCIUCZYK, Husband and Wife, whose
mailing address is 1955 Timberline Drive, Naples, Florida 34109, (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 Road 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:
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:
$3720.00
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.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide 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) Right -Of -Way, Drainage and Utility Easement
(b) Closing Statement;
Agenda Item No. 16B3
Pad @rfuary 26, 2010
Page 6 of 17
(c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by 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 irigabon 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
Agenda Item No.
p,U"ary 26,
Page 7
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 invesfigations 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 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 undedying 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 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- 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
Agenda Item No. 1
pary 26, 2
Page 8 o
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 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 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 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:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DA�TED: /- 7-2010
c] /
Witn ss (Si nature)
JiSxkJ�cS7;g,P�i1�
Name (Print or Type)
VVhi§is-(Signature)
-�
\I ryL JLCkv
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
PABLO A. KOSCIUCZYK
Agenda Item No. 1683
Pa4awary 26, 2010
Page 9 of 17
ttn ss (Signature) SUSANNA S. KOSCIUCZYK
d61Wb9�6�' N81�-
Name (Print or Type)
• J
do ss (Signature
f
Name (Print or Type)
Approved as to form and
legal sufficiency:
+)-VV vu/
Assists ounty Attorney
Lost %viW: 2MO100
10 oq 17
N
WE
S I I
RODRIGUEZ 8: MIRANDA
OR 3997/683:
WEST 180' OF PERE2 & PEREZ
TRACT 143 OR 1036/894
KOSCIUCYK
OR 3644/3094
TRACT 110 TRACT 143 TRACT 144
GOLDEN GATE ESTATES
UNIT 14
PLAT BOOK 7 PACE 74
.DD se +aD 5 +0 j ;io,+a / 711
F —�
GOLDEN GTE BOULEVARD (CR 878)
OR OFFICIAL RECORDS (BOOK /PACE) EMIB 1
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)y
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL 179 RDUE
A PORTION OF TRACT 143, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7. PAGE 74 OF THE
PUBLIC RECORDS. OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST.
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THE NORTH 30 FEET OF THE SOUTH 8D FEET OF THE WEST 180 FEET OF SAID TRACT 143.
CONTAINING 5;400 SQUARE FEET, MORE OR LESS.
0 a eo
eo w uwvn
SKETCH & DESCRIPTION ONLY
nua �ccalxvroRc wA awl
NOT A BOUNDARY SURVEY IxALII: P -ed
MR! COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
Irtox= a.,
GOLDEN GATE
SKETCH & DESCtlRIPT10N OF:
PROPOSED ROADWAY EASEMENT
+ 4�.�MO AIrtIr
PARCEL 179 RDUE
eeloWlbra.n0lw.armo
COLLIER COUNTY, FLORIDA
Po R wW ARiR9 wm
Agenda Item No. 1683
January 26, 2010
Page 11 of 17
Golden Gate Boulevard — Parcel 179
LAND APPRAISAL REPORT
Agenda Item No.
26,
MEm son No. Parent e12
GOB
We No. Pemel179RDUE
BNromw O6 . Kwclucvb Cmma Tod 112.02 Map Rdmu 33T4&R27
Rpary Adtlou N/S GGB "at of 8M Ift NE
Cary Naoles CCU* CORN State FL Zip Code 3412
Legal Description Golden Ga4 Estates Ure 14 W 1808 of Trod 143
Sole Rlcei N/A Oan of Sole N/A Lam Term N/A ITS. Propeb Fallen Appeared Z FN Lj Lesselldtl L De ANdlms KJ
Amur Re916rr Team 5902.38 61) Lomchelpesr be paid by NWSby NWS WA OUwurs cmCpsbnt WA
Lm*/Ckl Colter County Gwri'mmpodaton Division Address 2885 South Horenhoe Dri" Na lea IFL 34104
Occupam vamnt Appraiser Ham Hememon. SRA hamnot ms to AppraturEarthawate Market Veoa Parent TmctrPertal Take
Polio 03729072OWS
"on Lj Urban N Suburban L Rural . (1000 A .
But Up C3 ON 75% ®25 %r 75% ❑U&25% EmpkpMrl Staley ❑ �
ONO Rah ❑ Fully Der. ❑ Rapid _ ❑ Sao ® Slow Cam rkmta Empiymead ❑ ®❑
Ropaq Vahan ❑ Increasing ❑ so* ® whiso Calmmaee to Shopping ❑ ®❑
DalanMSppt, ❑ Shortage (3 In Bduee ® Dmisupply COMM. I to SChNs ❑ ®
Merhsrg Tame [:I Under 3 MN. C1 4-6 Oro. ® ®Ora B MN. Adequiuy of Puek Transposition ❑ ®
Present Land Use _60 IFamly_%2.4 Fv* ___% Ads, _ %CDWD__p Co. ad&I RKMBb lFeCON ❑ ®
_JL lndusMel 4o%VacM _% klogw of Wtln El
b em Pro Led Use ❑ Not Ulay 9 Llkey (7 Tang Paws r) Pro" consonantly ❑ ®
('1 From vemrd To sinale•famW protection ham CotrrwdM Conditions ❑ IR
Protlominad Occupanq ®Ownx Teeam _%WON Poke and Res Protection ❑ ®
single Famry Price Range S 80.000 n: 400.000 PredomlNd VWei 160.000 Central Appearance d PrpNN ❑ ®
Single Nmay Ape 1 yo. r 30 yn. Pmdombrao Ape 10 the. Apedr kim ❑ ®
Feb Poor
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Commends hekding tlgne tadws, favmbt or ushm reMe, efrcgq mMdah%y lag, pldllc pains, schools, dew, rolN),See argichmm adderhds.
Dimensions 160x880 2.81 Sq.FL"km Carrier Lot
Zoning classhl Estates 2.25 axe conlam lot size mb. NEW ImprOenain [R do IN do not COMM r MEMO MPOM
Hlphoer anti he, we ❑ PreBelA uN Other E evamNl o-tem Mreb roam
Pubic Oder (Dssaibe) OFF SITE %iPROVEMENIS Total Level
Elec.. ® StrestACCNS ®PUCIC ❑ Pdvee She Compatible with area
Get ❑ Surface McCadam SnspeRedarcdar
Water ❑ Mahemance ® Pudic ❑ PdvN View N hbahoo
San. Sewer ❑ ❑ Stan Berm ❑ CNNGrmer Drahape APDe ms to be adequate C-1
Undmglawd EkwL 6Td. Sitlewek 3teeU btlR papTlry epdNbslpplNmMld 6peaYl ROOtlttaudAmt 110 ❑TN
CNnmm pRaumNadnwNrbWNq aaypOVeANmme Reemm anmucmmb ,aeaRMVaee waWaal: Zom0 Comm#1200S7CO2rOG dN11 /17815
No adverse CAmMUm observed. The ebbed Ianda are assumed to here an tendMatlend a which wNd allow r-fam devolo em
as stowed aord Windut Iced mI and/or m aticn. smUcr remoter utll ems memo sat on the ate• etas
am common In the area am do not impact reka.
The mdawpM be, iNNO epee mNm sale, a o pe fen mod amts W rrNauee r waled and has CW$WW ban b ale makd anal*, The CROWN banner a ON
anMonsO mean" aart mabn r tleae lam a alpMCN aMm harem tlw, Rbra and eNqum Wawa E a Brnslaa bm b ee cmpwebe propeM b apmer
e a mom amaMe tan the Nbhm pro". a coma I•) AOAb em r mNe dW mRk0 to addrd value a Wmal; 12 07MCM Item b M N nW" r idea N N Me
fEVOndeOan to mbled property, a on ( +) adjustment Is made tons Increasing to kdkMed ohs a the su*cL
REM
Address NIS GGB, west of Bti Street NE
S/3 Jung Blvd
360 14th Avenue NW
N/3 45th Avenua NW
Na FL 34120
Naples, FL 34120
Naples, FL 34120
Na FL 34120
2.06 miles N
2.21 miles NW
5.85 mass N
Saw Rice
WA
12 000/ac
30000
ML- OM70485BB
13 000/ac
32.500
ML3M208030985
PD -
15 842/ac
25,189
MLSS20B006794
+-
NCO 6rNS -
Data Source
Oar d Sole and
D RIPII
-
TimeAdjustment
NIA
7109
5/O9
2109
Location
GGE
Smiar
Sknaer
Sadler
SbNisw
2.81 acres
2.60 acres H 51ac
.50 acres m Slat
1 S9 saes in Stec
Topoomphy
Levellmtural
LereVmertal
-e Vmtuml
LevelMatu al
zoning
Estates
Estates
Estates
Esteems
Sales or Rnsndng
N/A
Cash or Eq*.
Cash or EquN.
Cash or Equiv.
Concessions
Indicantl Value
d Subled
12000 13000 75842
CommerN on Madm1
OW: See atteohed addenda.
Comments and Commons of Appraise: Sublect and connon, are cons red on a sae um pflc, bear. See attechetl Lkn CondNlare.
Rm RNOmIIINOe 2.81aaes i13500/eae= 7935 Before Velueof Parerd Tmct
AppretsedCompensafflor, reladirm to Partial Take Porml 179RDUE = S1.660.tasssdclsn da
I esnraTE TAE rumor VAW14 as senate, Of WUWT ABWeTV Y OF November 7. 211D9 label 1 880 rtlel teka
Ham Henderson SRA - ❑ Did ❑ DM Not Phemical Impact property
Appraisms) Redew Appraiser 8 Iioetr
MOW call* GoremNA
Form LND — 'MTOTAL' appraisal saltware by a r mode, Inc.- 1- Bw0ALAMOOE
133
110
17
Agenda Item No. 16B3
January 26, 2010
lidd. Pro N. Parts! 179RDUEI e13of17
upplemental Addendum He No. Parcel 179RDUE
Boncrwr des .K
Adddet N/$ GGB wear of Bih Street NE
I Ply Naples Gourity Caller Sam FL ZIP Code 34120
Lade Collar County GoWnransportatian Division
• Lend : Naishborlowd Market Factor
The subject is located In the central pert of unincorporated Collier County M the Golden Gate Estates eras. Golden Gob
Estetee Is a sprawling pro-platted subdivision consisting of acroaWlype single- famlly homecttee (1.14 to 5 sores typically) In a
mmkuml owing. Essential services am within a 35 minute dive. Golden Gee Boulevard is an lest wart running thorofent
linking the eastern Estates area to Colter Boulevard (with greater Naples beyond). Melntenance levels In the area are average.
• Land : Market Dab
The subject and comps am compared on a un[gpdce (11/acre) beals. This method eliminates the need for direct sias
adjustments. The sales cited am all Estates zoned lends located In the general vicinity of the subject. The overall real sate*
market has been In decline since late 2005 and remsirm exceptionally week.; the Esteem market has been especially sort due to
e severe supp"emand Imbalance In this aces. The miss 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 $11,321 1ace to 515,8421ace; given the comparison coeds discussed, a unit price of
$13,500/ece Is selected as ressomble for the subject ]ands. Thus-
2.81 acres z 513,500 /ace :1137.1135 ( Before Veto
Panel 179RDUE is e 30N -wWe strip taking running along the horn of the subject site on Golden Gate Blvd. This ROW Interest
will be in the form of a permanent easement which will widen an existing ROW eseement over the subject property for the
existing GGB. The proposed new mmmant area will contain 5,400 of or.124 acres.
This moment represents a 99% encumbrance to the underlying land; no site improvements (only native ve"fion) Ile within
the easement arm. The value of the lend being acquired is therefore:
513,5001ece x 99% x.124 apes - 51,580 (rounded)
In the after condition, the subject parent trap maid be Improved in a similar fashion as before the take (at least a 100th front
yard, sufficient footprint for a house), no severenoe damage.
Total Appraised Compensadon parcel 17ORDUE: $1.880.
Form TADD— WmTOTA: approval sollmre by a Is mode, Ise.- 14DO- AtAMODE
Agenda Item No. 1FB3
January 26, 2 10
e 14 o 17
Location Map
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C ;,W C Cobim Stain FL 4P CaO 34125
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Fmm MAP10C— NAnTOTAL- appnRal soAeae by a la mode• Ix. — 1- MALAAIWE
Agenda Item No. 1gB3
January 26, 2910
e 15 0 17
DEFINTIION OF MARKET VALUE: The mar probable price which a property aiou l bMg an a competitive end open me* under M mnddoes
reguislh to a fell sel as dyer and Wen, ends acting pmdasy, Imoate lbe ft and warrant; tie price Is not of scud by since s lases. Inwllce In Na
diversion Is the coesumeabn of a aW an of a spe lAed deb ad the paahp of bn horn sear to buyer under conditions wlmebp: V) Mee and seller m
"caly motivated; (2) book serum m eel Informed or sell advised, all each audnp In what he maNers his rice beet knot (d) a maabes ten Is arswud
fa wwesm in the open market (4) payment Is made In term of cash In U.S. users or In burnt of fiama amryarma mpmbb Save; and (b. the on
Wilson the normal meMSetlen for the property sold uMfecla by spec ad or cause's fiancYp or mw cawadoa• gmotud .* ayoa 19eoc oh l wad
lee mN
•Agmsra to the mrpamNee must be node for spatial or cnotlre taancbp or sales cuamaas. No equansau ere suddenly
fa time cam which all tumefy pale by Was a a noes of season or bw In a meal am; tleee cash use mGy Wearable
since the asks pays Ow arms In vibay Y ems beaaam, SPEW or enotlm fihaahp e0lsaaa can be node a as
comparable -popery by mnwanam to wmhs toms alum by a tad guy hmaruaa bas pat Is not *set brand In over
papery u mMuCllM. ley Austaaa should not be diamond on a MWN*W dogs fa dolor ma of the thMSke or nmaUa
bar the doW emus of are egaaiM aarottl eppadms to mamya racwn to till Mmndng or concessions bond M the
eppmsars Internet
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appeasers [tlNpudM go man In the appnlW row is subject to the fulowk8
conabm
1. Tea ppmksar w8 M be responsible Its Toms of s ball hate that aW On de prppsy bang splashed or the to b I. The app Gies Sawa ad
the We is pod end rminsble ere, tlerd. , we M rents ary opmms 00 the RL The unlikely h apposed M tie basis of It be" wrier responsible
owandd
2. Ter 8ppmbw has lowland 8 sWch In the appaial moat to Show appraimlu dimensions of Ben hprovemres and the sketch Is Included only to Sala
be order ate report In visuanng the popwty and understanding the apprahers determination of a Ad.
3. Tim ppr iser has a awned She aaaa thud maps Idea are provided by the Ferias EmWq Man" Aguay (or oft data soaves) and has noted
In tea appmY report whether tea subject one Is basted In an Mall Special Fbod Heard lea. Baaess the appraisal Is not a swap, he or she mikes
no guaranteed, dprea a tripled, regarding this detemiwM.
4. The apprahw ads M glue Me. ry or appear In shut because he a she node an opprased a the colony In pmaA wrens sperm aapermna to do
an ham bow made beforehand.
5. The WWW has estimated lde value a oke had In She coat approach it a NOW and bas w end the hnproaTeau at oktlr cMrbubay value Tea
starer vahstium of the hand and improvema4 mesa not be used In m*ncdm will ay ooka appmNal and are bale I ever m an used
S. The appmw has noted In the applaud meat ay admose conditions (such a, nodded repairs, depreciation, the pnosae of h atdau aaf4 wdc
subfoes, are.) obssved during the Inspection of the subject aopuy or the he or she beam an of during She mmea nonsuch haaeed In parlomig
ths appnse Ueda o8aalm atemd In Son apprassi mpprt the appWsss all no bnwbdpe of all hidden a wppaea Conddaa Of The prepay or
uNuse same a I Conditions (abdhq the pman of hwrdous weft, to* WWaaes, at.) thea woual met the pmpww non or lea vamde and
as seem* okH them am no such mni and maim m pauew ce waoales, me= or Implied, repenting the conamo of the Prparly. Ter
appraiser will not be responsible for any Such Conduces that do Wert or for ary enpauhp or tame U* night be required m dismww whada such
candeons aria Because the spinnaker In M a owed In ate sad of arxkansrai warm, the oppmaal report mud M be considered an an
smAraoemal msesumal of the property.
7. The appraiser obakod the IsameBas nsamhs, and ppNOes tlut Sam a premed in She appraisal moon imam souses #0 he or she mmMm to be
rams and bama OW to be Ida W Corm The spotless does M asswe responsibility for the wdaM or such coned tlea Sam arched by corn
area.
8. The appraiser sus not disclose the coma of the appal report wept a provided for In the Ubm SWdW$ of ProimssW ApprWA practice.
9. The appraiser has based Ns a her apprleal report and vahathM conclusion for an appresal det is outland to saaactary capNbn room, or
natural M tea esaapthM Sea CMwabn Of tie InkrorenMS WIII be performed h a wakmarAo nanM.
10. The appraiser mat provide me or he prior written mimed baps tie hndar/eaad speeded in the appesal report cur a6abf the eppraal mount
(Including mMusions about ere Rap" value, the ppralsers Mealy and prslecslMe wpatioes, and references to any professional ppmisa
opaantioes or She firm with wash the ppmar Is woaand) to eryens otim non to boMara he mapper a as actual ad waged; the nappe
1113W. musuaau; pMwam Appraisal organatlom; ary of a tam* ppmved fiance baamn; or my dpWMs, apaq, o WtuMWy
a the United State or any sale or tie Gsact of Countable; camp 09 oks bnlm/diea may dfaa the propmy description sWbn of She report orgy to dsh
coaction or reporting amia(s) wawa having to obtsh the appraisers price writlm mesat. Tea appaser's man mum add epprova nut mum
be obaked adore me pprase on be comeyed M eryaro to and pubic Urouph aderagng, public own. Mn, sans, or older meat
Freddie Ma Form 439 693 Pape 1 a 2 hole Man Form TOM 693
Cans Cuing, Goremmurt
Fm ACB — WOTAL' appresa $mn by a Is mode has. —1 BDM AMME
Agenda Item No. 16B3
January 26, 2010
e 16 of 17
APPRAISER'S CERTIFICATION: The Apprunr cerithla sill agrnaBnc
1. 1 have marched the subject market am erd hive eelrnd a rommm of plan met Heat of propeWe con similar and prodmm to the sulmd propel
for consideration In the seas cm fisom mmysl em here mm a closer squsmm wheel appropriate to reheat the mnMat mcthm No doe lees of elpmboant
variation I a tlprimmi Item In a comparable prop" Is superior e, or nine Nuclei Nan, the sup ect property, I here made a negative edUeorent to rmYm
the adjusted seas prim of m comparable arid, I a sgotBcmt gem N s com a rebla property Is Interior o, or kea hwrabe Nan tie subject ad", i him mode
a positive equsbmao Writes ft equated eke prim of tee comparable,
2. 1 here Wan Into consideration the bcann 00 here an kpact on value in my development d tie eaerme of mriet sake In the appealed MwL I him let
WWn* wlNhee arty significant h /omNm from to epprehY mart am I bill&% to she best of my aatwetlge, Nn d elelerenu ate lemiedm n N
appraisal Meet embus am correct.
S. 1 sound in lie apprucal report my my Hen mwkwa, mEpeed, and prohestoml argil ounlo n, and conckelo s, whim em subject ate to the conmpas
and kmNng cocoltlons specified In pee farm
4. 1 him in prom or pmpecthe keen In the properly that It tee matt to NS TOM and I hero w preset air prospective persoml Interest or bits WON
respect to the personnel In the vnnmpn. I did mot base, doer par lely or cmglnall, say analysis endlor the mtlmoe of market roue In the appraisal radial
on m we, color, relpm, wt handling, famillo stem, or mtoesl origin of either the prospective owns or omupada of tee subject properly a of rib VIM
owesn or occupam of IN properties In the rimy of m subject property.
5. 1 hm w peals in mmmpland futem kherau Is m subject property, and nshm my urtm or IUWM empioJmem we my cmppvaaon for defonnng ties
appraisal Is cordnpem on the appMeed vasre of IN pro".
d 1 era net men ed to ropat a predetermined value or direction in value Nn fan IN came of tee opera in aM mated party, the manna m Imo sake etyma,
the athaarws of a specific meet, or the occomebe of a subsequent per In order to receive my CWW&I$adm mayor employment for palarraq the appmaeL I
did no Wee the appraisal heart on a required m1nlmm lumber, a anodic valual arm need to approve a speobo mortgage lmrn
7. 1 performed this applasai In coalomy wtih the Umom Slawlms of Nolmsnml AppnlW Prams Bon area noted and pmrmloned by the Appraisal
Standards Board of The Appri to Fomdunn and Nat were In pace as of the ethpNe data of the admitted, when the exception of m capable Provide Of throe
Sbmams, whim does no apply. I ackweedge am an sales of a mwem Imo for eposm In the open melee Is a concision In the ddlrAm of mrim value
and the eMnO I developed IS crosutrt wllh m mrimtlp em noted In m eslhborianod seam of this report uaas I hero mmmse sbmd in the
memomm aemm.
S. I here pmwdy Inspected the maim and eeear ammo of de, subjal property am the smicr of a properties listed as conperabke In the entitled report
I furdw tangly hid I have noted an7A aplet or lawn ahem cud me N the subject hnprovanrerte, on the nbMn she or on any she wman m Increases
vicinity of the subject prop" at which I am aware ad lave mm sajummis for tllm edvaMe condltloes In my aesyals of the pmpety vas tom lam dent
I had m ketevmwe to support man, I him also commonest about tee enact arms advew conditions an the mmstabgy of the "ad propel.
9. 1 pemonag prepared o1 conckmoes am core= about the ml stale ties wm sit forth in the appraisal report N 1 rated on sgdmcm professional
assistance ham arty Imhidual or idNleml In the pafommrce of In appraisal or the preparation of the appeal report I have named such milve al(s) and
disclosed the specific asks performed by them In the recowhadon section of this appraisal Mort I mrNy M try individual w named Is claimed to Won
the coke. I have not auNOaed anvons to meal a change to aM ken In the repot daretere, m an uautlarlIDd chance a mm to the appeals npoM1 I will lake
w reporslbllltyfor 1.
SUPERVISORY APPRAISER'S CERTIFICATION: n e supeMsay amalser slpm the appraisal report he or She Cemhes taco pmt test
I diwly wpeMse the apprnser who prepared the apPalel report hue wiexed the appeal repot agw with the nalnrasa and coclusions of the soldier,
pm to W bound by the ppmaers cerNicmme wmew
4 trough 7 Dan eco sm Mop w mponstafty for structural and the appraisal report
ADDRESS OF PROPERTY APPRAISED:
NIS GGB west of em Sbeet NE Names FL 34120
APPRAISER:
SUPERVISORY APPRAISER (only It required):
SlgesWre:
Sipmee:
Nam: Hemv Hendeesm, SRA
Nam -
Date Signed: Novemller 7 2009
Data Solve:
Stns Cemtllcatlon X: RD3475
Sts Comflmtion X:
or State Licensee:
or State License X:
Stan: FL
Sahe
Ephatim Dm of Cerpeatim or Licenser 11130/10
Expiration Dm of Cemhemm o tJcense:
❑Did ❑ Did Not lMMI'pO
Frade use Form 439 0.93 Pee 2 of 2 Fawle use Film 10048 dA3
Form ACR— •MnTOTAL' pp Baal sothweM by a Is made, no. — 1-30NA MODE
N
W E
S
TRACT 110
(17
RODRIGUEZ & MIRANDA
OR 3997/883
WEST .'150' OF PEREZ & PERE
TRACT 141 OR 1038/594
KOSCIUCYK
OR 3644/3094
43
PLAT BOOK 7PAGE 74
ROADWAY EASEMENT
GEL 179 ROUE
5.100 SO. FT.
GOLDEN. GATE BOULEVARD (CR 576)
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
11T1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
V r USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL 179 ROLE
January
Page
TRACT 144
A PORTION OF TRACT 143, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE
PUBLIC RECORDS OF .COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 30 FEET OF THE SOUTH 80 FEET OF THE WEST 180 FEET OF SAID TRACT 143.
CONTAINING 5,400 SQUARE FEET, MORE OR LESS:
0 40 00
SOO ay;
SKETCH & DESCRIPTION ONLY
'.. NOT A BOUNDARY SURVEY. state 1•,ap
a5aa, ammoryc Im. vm
�1M0 0A1Fi Ot
FOR: COWER .COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERSa�ppppaypyi9ca
m s[ ae
GOLDEN GATE BOULEVARD
°�
N�
SKETCH & DESCRIPTION OP: PROPOSED ROADWAY EASEMENT
MAR
�St�uiR w�PoPVy
PARCEL 179 RDUE.
Y Ya anlailaaM�w+r.
colaWba PrkNIN, BWe 810
COLLIER COUNTY, FLORIDA
"'°a''B'Ui8"t0°
flute I2B1 b�.M]8 FAY 14]N Sha4)1
16B3
2010
of 17