Agenda 02/09/2010 Item #16B5
Agenda Item No. 1685
February 9, 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 Vanderbilt Beach
Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $10,300.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual non-
exclusive road right-of-way, drainage and utility easement required for the construction of the
Vanderbilt Beach Road Extension Project, Phase 1.
CONSIDERATIONS: The subject Parcel 220RDUE (a legal description and sketch of which is
attached hereto) contains 0.36 acres (15,677 square feet) and is located on the north side of lOth
Avenue NW. The parent tract property is owned by Kenneth R. Taylor and Carol A. Newman.
The purchase price is $9,900.00 ($27,500.00 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:
I. 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
improvements have been designed, there are no substitutc parcels which will satisfy the project
requirements other than the parcels for which we are negotiating.
Agenda Item No. 1685
February 9, 2010
Page 2 of 17
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
goverrunent) 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 attomey and the expert witnesses for both
sides. )
FISCAL IMPACT: The fiscal impact is $10,300.00 and includes the $9,900.00 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 CONSIDERA nONS: This item 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 Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel No. 220 to Collier County and authorize the County Manager, or
his designee, to record same in the public reeords 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: (I) Easement Agreement; (2) Property Location Map; (3) Appraisal Report; (4) Legal
Description/Sketch
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1685
February 9, 2010
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B5
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 Vanderbilt
Beach Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $10,300.00).
2/9/20109:00:00 AM
Date
Prepa red By
Sonja Stephenson
Transportation Division
Property Acquisition Specialist
Transportation Engineering &
Construction Management
1/21/20101:36:43 PM
Kevin H. Dugan
Date
Approved By
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
1/22/20107:55 AM
Najeh Ahmad
Date
Approved By
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
1126/201010:19 AM
Kevin Hendricks
Manager - Right of Way
Date
Approved By
Transportation Division
Transportation Engineering &
Construction Management
1/26/201012:15 PM
Norm E. Feder, AICP
Date
Approved By
Transportation Division
Administrator ~ Transportation
Transportation Administration
1/26/20103:10 PM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
Date
County Attorney
1/27/20104:56 PM
Date
Approved By
Therese Stanley
Transportation Division
Manager - Operations Support - Trans
Transportation Administration
1128/20109:16 AM
Pat Lehnhard
Date
Approved By
Transportation Division
Executive Secretary
Transportation Administration
1/28/20101:35 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Agenda Item No. 1685
February 9, 2010
Page 4 of 17
Office of Management & Budget
1/28/20104:30 PM
Date
Approved By
Jeff Klatzkow
County Attorney
1/29/2010 4:49 PM
Approved By
Date
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/29/20106:20 PM
Mark Isackson
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/31/20108:44 AM
Agenda Item No. 16B5
February 9, 2010
Page 5 of 17
PROJECT: 60168
PARCEL No(s): #220
FOLIO No(s): 37545600006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreemenf') is
made and entered into on this _ day of , 20_, by and between
KENNETH R. TAYLOR, a single person, and CAROL A. NEWMAN, a single person,
as joint tenants with full rights of survivorship, whose mailing address is 361 10"
Avenue N.W., Naples, Florida 34120, (hereinafter referred to as "Owne~'), 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 "Purchase~').
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, ~ is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$9,900.00
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 settiement of any damages
resulting to Owne~s remaining lands, costs to cure, including but not lim~ed 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
w~h conveyance of said Easement to Purchaser, including all attorneys' fees, expert
w~ness 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. 1 65
Pa~ruary 9,2 10
Page 6 0 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 Purchase~s enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project WIThout any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permIT Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
w~hout first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
Agenda Item No. 1 ~B5
Pa~ruary 9,2010
Page 7 of 17
I
I
(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 proc!,edings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering 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 all costs and/or fees associated w~h
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 ~s property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payabie 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,
threat of condemnation.
Agenda Item No. 11B5
Pa~ruary 9,2 10
Page 8 0 17
unless the Easement is acquired under
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:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
Fred W. Coyle
Chairman
AS TO OWNER:
~-J I< ,~
KENNETH R. TA LOR
Wit Sign ure)
.j );1S7Y,iT~
Name (Print or Type)
\\ "~7'.
Wit~s (Signature)
~,~(\O f\1'L{h~
Na e (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
/7
Last Revised: 2119109
e.t- Deceased
CAROL A. NEWMAN
Agenda Item No. 1665
Pa~ruary 9,2010
Page 9 of 17
Agenda Item N . 1 B5
February ,2 10
de 017
I PROPOSED I
~;~; ;~~E glF P~5~~/;g R~UV EAST LINE OF
TRACT 79 TRACT 79
EAST 150 OF
TRACT 79
COOK ET UX TAYLOR, I
NOLAN L KENNETH R
OR 267/956 OR 1615/J12
TRACT 82
TRACT 79
GOLDEN GATE ESTATES
UNIT 19
PLAT BOOK 7, PACE 78
I
I
1_ V:NDERBIL~ LEACH ROA:
i
1
T'
10th AVENUE NW
SQ. FT.
ROUE
OR
CSZI
SQUARE FEET
ROADWAY, DRAINAGE AND UTILITY EASEMENT
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
\-
678 67
T
\
N
W+E
I
UNE TABLE
LINE BEARING UNGTH
Ll so 104.52'
L2 1
LJ N '44'W 1Oo4.S.'
L4 He .3"40 14 .98'
LEGAl DESCRIPTION (PARCEL 220 ROUE)
A PORTION OF TRACT 79, GOLDEN GATE ESTATES UNIT 19. AS RECORDED IN PLAT BOOK 7. PAGE 78. OF THE
PUBUC RECORDS Of COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 79;
THENCE S.00'28'45"[.. ALONG THE fAST LINE OF SAID TRACT 79, FOR 104.52 FEET;
THENCE S.B9'J1'10"W., FOR 149.98 FEET TO A POINT ON THE WEST liNE OF THE EAST 150 FEET OF SAto
TRACT 79;
THENCE N.OO'28'44~W., ALONG SAID WES-:- liNE. FOR 104.54 FEET TO A POINT ON THE NORTH liNE OF SAID
TRACT 79;
THENCE N.B9'Jl'40.E., ALONG SAID NORTH LINE, FOR 149,98 FEET "TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN
CONTAINING 15,677 SQUARE FEET, MORE OR LESS
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE,I'..120'
FOR: COLLIER COUNlY GOVERNMENT BOARD OF COUNTY COt.tMISSIQloJERS
VANDERBILT BEACH ROAD EXTENSION
SKETCH &: DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE &:
PARCEL 220 RDUE UTIlJTY EASEMENT
COLUER COUNTY, FLORIDA
':' lifif-q...........a.;-::=""
SKlMlNGM'lE: 'I"tJ
><O~ VAUO WrTHQUf tHE sc.u.TURE IWSttI 1loI1lOSSEJ:l 5tAI. 0"
"n.DI'Ilo,,~~~roPllOt'tSSlOlW.liUIllIfl'OIIAMDIoIAPl"[R.
R~{<\,~
JOB NUt.tBER
060119.00.00
SHEET
1 or 1
Agenda Item No. 1685
February 9,2010
Page 11 of 17
Parcel 220 - Mr. Kenneth Tavlor and Ms. Carol Newman
LAND APPRAISAL REPORT
Agenda Item No. 1685
February 9, 2(10
IMain AlA Nn Psrc:eI21tlRflIlFI~~e 12 0 17
VBRx
Ale No. Parcel 220RDUE I
Map Reference 833- T 48-R27
BorrtlW8' levier
PropertyAdllress 361 10thAvenueNW
City Naclss County Collier
Legal Descliplion Gold8f1 Gate Estates Unit 19 E 150ft of Tract 79
SaIePriC8S~DateafSale~LoanTerm~YIi.ProptrtyRjgIlsAppraisedi:8JFoe
Actu&IRea[EstateTaxes$~{yr) Loan charyes lo be paid by sellerS NIA OItBsal8SCon::esSKlRS N/A
L.enderICHd Colier County GovfTransoortalion Division Address 28B5 South Horseshoe Drive N as FL 34104
Occupant owner Appraiser Harrv Henderson 8RA Inslruc:tiol1& to AppraiserEstimate Markel Value Parent Tract/Partial Taka
FoIo #37545600006 Sub"eel is 1m roved with 8 IS tami home
Location lJI'ban Suburban RIOI
Buill Up 0 OYer 75% [:gJ 25% to 75% 0 UOOer 25%
G_"'. 0"",""'. DR"" Os",,, ~Sl..
PrcpIltyValues o Increasing DStabJe [.8J0ec.n1"il
DemandlSupply DShortaoe DlnBalarce L8:)OYersupp/y
MaIkeIlngTime 0 Ulller3Mos. o 4.6 Mos. [gJ Ov<< 6 Mos.
Present Land Use ....,M"1Famlly_"2-4Famt1y _%,6,pts. _\Condo~"Corrmerclal
% Industrial 40% Vacarf %
Cltiroe in Present Land Use DNOIUkeIy -[gJUkeIy(*) o Taking PlaCB(*)
(*) From vacant To sif1Qle-famltv
:2JOwner DTenart _"Vault
$~ to $ 400 000 PreclomlnartValull$ 150 000
--1... yrs.to----1Q...yrs. PnldOOllnantAge-----1Q.yrs.
Census Tract 112.02
State FL
ZiJlCode 34120
I)eMilllrnsPU
PredDlTinartOccllllarJ::Y
SlnglllFamtjPrle9Range
SilVJleFamlyAlle
EmploynlllntStabll1ly
COrMIrillncaloEmpJoymenl
COItWr1enceloShopptng
CcnveriencetoSchools
Adequacy af Publk: TranSllDrtatioll
RecraaoorllllFaciliti8a
AdtlQuacyof UtJ!iUes
PropertyCompatibllly
Protection from Oetrimertal Condlllons
Po~eandRreprotectlon
General Appearance af Properties
ApP811 to Maillet
~[j~[jr
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
D~DD
Comments including tOOsa lactors. favorable or ur6avorable, afIeclinll marketablll\y (a.g. public palkS, sclullS. view. naisll)'See attached addenda.
Dimensions 150 x 660 2.27 Sq. R. or Acres Comer Lot
Zoning classification Estates 12.25 acre conformlna lot size min.) Presen: Irrvowments rsJ de 0 do not confoon to ZOnlno rBgulatioJlS
fIgJleslambestuse [gI Present use 0ttIlr
Public Ottlar(Deseribe) OffSITEIt.flRO'vBtENTS Topo Level
Bee. ~ Street Access [8J Pubic 0 Private Size Com atible ~ area
Ga5 0 I Surface Macadam Shape Recta u1ar
WaIer 0 [Malrtenarx::e ~~ic DPrtvalaVlew Ne ttJor11ood
San. SllWtII" 0 0 storm Sewer 0 Curb/GUlIs' Drainage rs to be ad ate
o UndergroundElect,&ToI. 0 Sidewalk Street his ..thtproplltylDc:*l~.HUDIdInIIIIIcISplclllFIoodHlZln:lMl1 ~NoDY"
COOVIIlInlS (ta~orabI& or lIIlavorable lIltiudlng Illy ~ advme easemenlS. BlIC/1lllchmenls. ar ~ adverse cmdltionst Zone D Comm#120067C025OG dtd 11117105
No edvenl8 condlllons observed. T ical roadwa ancllor rameter util easements exist on the site' these ere common In the area and do
not 1m act value.
The underligned has recbd flree recemsales 01 ~ most$lmllar lIld lflUlInalelosmjed BIlC has clnllderedlhese ilthelllllk8lWysls. The dBscrtpbln:U1es allolar
/KIjuslrrIstf1flecllnumarlelreacUontolhose llems DfslgnllcWllvntkln belweenthe Uljectarw ~~es, ~ 1$ig*~lIernlnttlleCl'l\9ll1ble~IsSIJperkJ
to or morelavme thin the SltIject propel1y, a mlnus (.j adjustment Is maltltus/1dllCinO Ilelnclicaled value ~ 8UbIeCI: W a$ignlllcant IBm In !he ~ ~ IrDrior to or less
favorablellBlthesubjectproperty,aplus(+)adjllSll'rmrtlsmadethuSincreasinotlllllllicatedvaluallfthesubJecl
ITEM E T PAR.1 M E
Adlfess 361 10th Avenue NW 360 14th Avenue NW 781 19th Street NW
Na s FL 34120 Na les FL 34120 Na FL 34120
t S 0.49 miles N 1.94 miles W
"'co
Gross
uree
Data 01 Sale and
TirreAdiustmert
ocation
OESCRI N
N/A
GGE
2.27 acres
Levellnetural
Estates
in $lac
T "
ZoO
"'"
SaMlsorRnanclng
CorJ::8Sslons
Ad'. otal
In:llcatedValue
ofSublect
Commel1sonMarketOata:
Comments and Conditions ol Appraisal: Subiect and comos are comoared on a $/acre unit once basis. Parent tract Land Value: 2.27 acres x
15 OOO/acre '" $34 000 rounded. See attached Limiti Conditions
RnalReconeiliation: Takin arcel:.36acresx 15000'" 5400. O.m. ..:$2865 TobllCom naIItion: 8265
IISTIMATE JHI MAIIITVALUr, ASItE...m, ap'.Us.tECTPIIDl'ElnAIIIF
Nov30
2009 lobe$ B265
Harry Hendersoo SRA
..s
D Old D Did Not~sieal~ Inspect Pro~
Review alser ~ licable
JY2~
Ccl~lll' County Goverrvnenl
Form LND - 'WinTOTAL' appraisal software by a la mode. lnc. -1-800-ALAMOOE
Supplemental Addendum
Agenda Item No. 1685
February 9, 2010
IMain Rle No Parcel 2211RDlJFI Paii~e 13 of 1 7
FlIe No. Parcel 220RDUE
Borrowlll:Cteri T r
Address 361 10th Avenue NW
C Na 8 Coo Collier
Lerlllll' Collltlr Cou Govrrrans rtalicn Division
State FL
Zi Code 34120
. land' Neluhborttood Market Factors
Tne sub;ed is located in the central part of unincorporated CoUler County in the Golden Gate Estates area. Golden Gate
Estates is a sprawling pre-planed subdivision consisting of acreage-type slng~mlly homesites (1.14 to 5 acres typically) in a
semi-nJreJ setting. Essential services are w~in a 35 minute drive Into greater Naples. The subject street runs west off of Wilson
Blvd. Maintenance levels In the area are aV8I1IgB.
. Land' Market Data
The subjecland camps are competed on 8 uniVprice (SJacre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned ~nds 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 martl;et has been especially soft due to
a severe supply-demand Imbalance in thIs area. lhe sales cited are relatively recent transactions; no time adjustments have
been applied In order to give property owne~s every benefit of the doubt
lhe indicated unit prices range from $13,OOO/acre to $16,000lacre; given the comparison aiteria discussed, 8 unit price of
$15,OOO/acra is selected as reasonable for the underlying uniUprice value for the subject lands.
Damage: lhe proposed VBRx is Judged to create a negative "change in location" for the subject land. This Estates zoned site
will now back up to VBRx, a divided multi-lane thorofare. While the site will continue to have lis drtveway access on 10th
Avenue NW and the ample-treed rear yard will provide an adequate vlsual screen from the new roadway the appraiser
recognizes that the site will suffer from the negative influence of increased traffic noise resulting from thie new roadway. A 10%
damage to the remainder lands is judged to be reasonable. Thu&-
1.91 acre remainder x $15,OOO/acre x 10% damage factor III $2,865 damage
Form lAnD - "WInTOTAl" appraisal sOftware by a la mode, inc. -1-BOO-AlAMOOE
Agenda Item No. 16B5
February 9, 2010
IMalnFlIANo Parcel220ROUE'IPaIel~e 14 of 17
Location Map
Borrower/CUenl Ta
Pro Address 361 10th Avenue NW
C Na s Cou Collier
lander Collier Count GovlTrans aOOn Division
State FL
Zi Code 34120
!'r~ 2111 ~ sw
~J~-f 2~AveSW
ftt _-~ ~ .we1W
~': '," 'h- 27lh~~SW
j}:l c :::;_
II
lL
f
~;;:, """" !
1(-"' GoI1CIub: '
-~~~ ~L!
'i1'~'*' [
11'
Fonn MAP.LOC - "WinTOTAl' appraisal software by a la mode, inc. -l-800-ALAMODE
Agenda Item No. 1685
February 9, 2 10
IMalnFlleNn Parr:lll?'nRmJEIPlliii'~e 150 17
DEFINITION OF MARKET VALUE: The roost probable price wtich a property should bring in a compeGUve and open markm urxIer all condllions
requisltetoafalrsale,thebuy<<ondseller,eachactilW;lpl1Jlleltly,lmowIedoeablyandassumifllthepriceisrotanectedbyUndUllstirrvtus. 1IllJliclllflUiis
dellritiOllls the consunmation ot a sale as oIa specified date and the passing 1Jf tilIB from sellar to buyer under cllllltions whtreby: (1) buyeraoo selltJrare
typically motivated; (2) both INIrtil!S are welllnfllfll'llld or well advised, and each aCIDJ In what he consklers Ills own beslllierest; (3) a reasonaD~ t1mels a1klwed
lor exposure in the open market; (4}payment is made In tIIrms ol cash In U.S. dollars or In terms otflnanclal arralQ8ll18lltS col1'(larablathereto: and (S)theptiCB
represertsthlllllJlll1aIconslderatlonforlhepropertysoldunaflecllKlbyspeclalorcreallvellna~Oisalescorcesslons.grantOOby lIlYoneassoclaledwilli
thenl!.
*Adjustments tcll1ll cOlTI)lrables mIlS! be made for special or creative financing or sales concessions. No adjustlTl8l1s are I18C8Ssary
lor tillS! cDSlS which are normaDy paid by s8l1ss as a mill ol tradition or law in a mar~ area; these coSlB are readily identifiable
since lhll &elIer pays these costs in Wtually aU sales transactions, Special or creatiYe financing adJustnlll'D can be malle to thll
COlfll4rabl& property by cllIT1lartsons to financing terms ofI&r8d by a thlrll party Instltutllllllll iendlJ that Is not already involv&d In Ih&
proPerty or lransactlon. Aff/ alliustmert shook! not be calculated on a mechanical dollar lor lIolar cost ollhe finanell'l\lor coocessilln
bUl !tie dollar amoont of any adjustment sl'ouk1 appraKlmale thll market's reaction to thll finane!" or concessions bas&d on !tie
appralser'siudgemenl
STATEMENT OF LIMITING CONOITIONS ANO APPRAISER'S CERTIFICATION
CONTINGENT AND UMlTtNG CONDITIONS: TIl! appraiser's certlficatiol1 that appaars in till appraisal raport Is sublett to IhlI folowing
conditions:
1. The appraiser win MI be responslble tor matters of a legal nature thai affect BIther 1l1e property bell'l\l appralselllll' tre me to It The appraiser assumes that
Ih& litIe Is good and nwk8Iabl& am, therefore, will 001 render any opinions atHlUl the title. The property Is apprals&d on \he basis of ~ bBiJ)jl under responsible
ownerslip.
2. The appraiser has proYld8d a skelt:h In the appraisal report ta show appraximaltl dimensions of the I~rovem&nls llIIlllhe sketch is included o~ to assist
lhe reader of the relXlrt In visuallzlng lI'e IJOpertyand UOOerSlinlllnglhe appraiser'sdetermlnallan of its sile.
3. The appraISer has lDfaIllinel! the available food maps that are PltlYilIed by the Federal EmeroerK:Y Managllffilll1l Agerey (or olhllr data SOUftes) ard has nCJtfKl
in the appraisal report whether the SliIjeCI site Is located in an Idettlflsd Special RoGd Hazard Area. Because the awrais&r is nm a Sll'Veyor, he or she makes
ooguarantees,expressorlmplied,feganllngllisdeterminatlon
4. The apprais&r will 001 give testimany or a~r in court because he ar she made an appraisal III the prGperty In question, unless specffic arral'lOlfTllll1S 10 do
sohaVllbeenrnadeOOlorehand.
5. The appralsar has estimallld thll value af the land in the cost apPloach allts highest and best use and the Improvemerds at theif cortrlbWlry value. These
separatevaluallllllSoftl18lardandl~lIllS!rdbeus511lnconJunctlonwllhanyottaappralulandarelnvalldllth8yaresoused.
6. The appmlstlf has nlted In thll appraisal report any adverse cordilions (such as, needed repairs, depreciation, thIl pres&1Cfl of halanlDus wastes, toxic
suhslances,etc.)ob$lll'Veddutlngthlllnspeclionoftll3sub)~propartyorlhatheOrshebecameawareof during the oormal researth invoWedlfl parfoonIflg
the appraisal. Unless o\herwlse stated inthll appraisal report, lh8 appraiser has nokrowl&dge 01 any tidden or unapp artQcOndllonsofthepropenyor
adverse envirolVTleflllll colllltions (including the pl'8S8l1ce of hazardous wastes, toidc substances, llIc.) that would make the property IY1lte or less valuable, and
has assumed tllatther8 Bre 00 soch comltlons and makes 00 guaralttles or warranties, ImPress or impIecI, reoardlng the cordltlon of lhe property. The
appraiser wilt not be responsible lor any stICh cordllans thai do llXist or lor any englneerlng or lestl~ thai m1g1t be required to discover wtBher suCh
corKlltlons exlst. Because thIl appralsef Is not an expert in the fi8ld of environmental llazards,th8 appraisalrlljlort must oot be considered as afl
envlronmertal assessment af the property.
7. The appraiser obtained thlllnfllfTflBlion, estimates, aNI opinions that were expresse<lln the appraisal report lrom sources lI\al he or she considers to be
reliable aOO believes them to be true and correct. The apprals&r does not assume responslblHty fllf the aCCllacy af such items thai were furnished ~y other
parties.
8. TheappraiserwlllootdisclosethecorteltsGflheappraisalrepGrtexceplasprovllledlorinlheUnIIormStandardsofProtesslonalAppfalsalPractice.
9. The appraiser has basel! tis or her appraisal report and valuatloo conc~sion for an appraisallhat Is subject to satisfactory clll'l1Pllllton, repairs, or
alteratioos on the assu~n that complEtion Of It'e ImplOVlJTlerts will be p8Iformed In a wortmanJlke manne;.
10. The appraiser must provide his or her prior witten consent before th& lender/cliett spocWied in !he appraisal report can distribute tIE appraisal report
OncUling COrK:lusions abollttIE properlyvalJe,!he appralser'51d1ll1lty am prOfllSSlonal designatlons, and raferencesto any prafesslonaJappralsal
orgarmtlons or till firm with which Ire appralSIJ is associated) to anyGne other than Ire borrowlll'; the martgagee or Its successors alll assigns; the roortoaoe
insurer; consultants;protessional appralsalorgarizallons; arrt staIB or fedlJally apProwllfinancial I nslllutlcm;aanyde;:lartment,agency,orlnstrumentatity
of the Unbd States or any stata or the Dislrlct af Columbia; ll1U:fIIlt that the lenlIer/cllent may lIIstribute the propelly lIescrlptloo 5ection III the rupoft on~ to data
cOH~llr~OItDJservi~(s}wllholrthavif'9loobtalntheappraiser'sprllll"wrlttenconsent. The apprais!J's WfItt8n CGIISert. and approvalrTllSt also
be ootalned t!efore the appraisal can I)e corweyed by anyn to the public ltraugh advertisng, public reIalions, news, sales, or other media.
Freddie Mac Form 4396-93
Pagelof2
Farne Mae Form 100486-93
CoBierCountyGovernment
Form ACR -"WinTOTAL' appraisal sofIwafe by a la mo~, irK:. -1-80O-ALAMODE
Agenda Item No. 1685
February 9, 2010
lMalnFlleNa PartflI2?ORDlIFIPIli8'.~e 16 of 17
APPRAISER'S CERTIFICATION: The Appralslll' clrllfies 800 al,f8eS that
\. I have researched the subject marKet area and I'sve selected a rnnirrun of !tree recent sales of properties most $Imlsr and proximate 10 the SUbled property
for consider.llion in the sales co~rison analysis and have made a doIar adjustment wllln appr~rlate to reflect the mar1tet reactiOlllo ttr:Ise Items of significant
variation. n a slgnificil'll item in a co~arable property Is s~or to. or rmte lavcrable thlm. the subjs:t propsty, I r.ave made a negattve adjustrnert 10 reduce
theadjust8dsalespriceollheco~rableall!,ifasignifrcartittrninacor11larllbleptopatyisirtlllillrlo,orlBsslavorablo lhan lha subject property, I have made
a posllive ad;JstrfIlln:to Increasetbeadjustad sales price 01 till CIll11l8rallle
2. I have taken Inro consideration the factors tnalllave an Impact on value In my dsvekJpmel1l CJf the estimate of market value in the appraisal report I have not
Ia'IOWlnofy wIthhekl any slgrificalll' Informatloo from the aPPlJlsal report and I beIIevlI, to ttle best of rTPf knowledoa.1ha1: al Slatem!rIls and lrIormatjon In Ih8
appraisal repoltare true alii correct.
3. I staled In the appraisal report llnly my own personal, unbiased, and prclessional anatysls, oplrions, and COllCIustons, which aresubjecto~tothecontingert
and II11King conditions specffied In lhis form
4. I have no Pfesenl or prospective Interest in the property !hat Is the subject to lt1ls report, aoo I have no PfBSenl or prospective perst:lnalll'ferllS1 or bias with
respect Illlhe participarts In the transaction. I did not base, lither partially or com~, ITr,' analysis and/Or the estinw18 ol market value in the aP9l'aisal report
on lhe race, color, religion, sex, hanclicap, familial status, or natlonal origin of elIherthe prospectIvB owners or occuparts 01 the sOOlllCt propMy ri ollhepres8llt
owners or occupatts oflhe properties inlhe vicinity 01 the subjectpropmty.
5. I have no present or corterT1llatelf!ulllre ltierest in the sutJlect property, and nelttler my currert or fUbJre ellJ;)byrnelt /lOr my compensation forperformlng this
appralsaliscontlnlJ8rltontheajlpraisedvaUeollheprop8rty.
6. I was rot requirelllo lepal a predetermll1l!ld valllB or direction in value lllal fllVOl'S the cause of hl client or any reIaIed party, Ihe amount of the YlUl eslim,
the attalrmert of a SJ)IlCnlc resu~. or If1e occurrence of a slilsequent evert in Ofder to receiVll my clJll1lRalioo and/Or employment fOf performing the appraisal. I
did not base lhe appraisal repoflon a requested minllTl1m valuation, a specific valuWon,orlheneedtlJ aPllr oveasp8Clflcrrortgageloan.
7. I perlormed Ihls appraisal In conformity with the Urifonn Standards of Professional Appraisal Practice thai WlIf8 adopted and prorTUgallld by the Appraisal
Stanclards Board of TI'e Appraisal RJundationand that were in pjace as oflheeflecttve date of this allPralsal ,wtththe8XCe;llionofthed~ilftUreprovlsionolthose
StaOOards, I'Ifllch does not 8lIPIy. I acl<rowledge that an estimate of a reasonable ~me lOr 8llII0SIIe in the open market Is a condllfon il the lIellNtion 01 markS value
and the estimate I deveklped Is cooslstent with Ihe markflling lime Imd In the neigt1lOfllOOd Secllon oIlhls 1'fJIllIrt, uness I have otIlerwisa staled In the
feconcillatiOl1section.
8_lhavepersonallyirlSpededtheinteriorandtrXllriorarBasolthesubjectpropertyarotheerteriorofallllropertlesKSledasc~arableslllll'eappraisalreporl
Ilulther certify that I have noted any apparent or known adverse conditions ill hi subject improvements, on the subjllCt site, Of on any site wllIIn the irTlnlldiate
vicimy O1lhe sublect property 01 which I am aware and have made adjustments tor lf1eSe aClverse condlbons In my ana'Ysis of the pfO!lBrty valle to till erjlflt thai
I had marke1 evidence to support them, I have also commented about the effect of !he adnrse comllliol1s on the mafkstabllily oflhe subject property.
9. I personally prepared aU corr:lusions a11l apir'lons aboLi the real estate IN.t were set laM in the appraisal report. ~ I rtIled lIfI slgfificart professional
assistance from any irOviduaior indlvkluals In lhe perlorr1llllCe al the appraisal or the preparation of the appraisal report, I himI namsd such indivldual(s) and
disclosed the spec~1c tasks perlormed by them In till recooclSatioo section 0I1tis appraisal report. I certIly Ihal any Individual so named 1$ quaRfled to perfonn
the tasks. I have not authorized anyone to make a cha(YJe kl any iilm In tM report; t1wefore, ~ an unauthorized cha(YJe is made to Il'e appraisal report, I wll taKa
noresponslbUllylorK
SUPERVISORY APPRAISER'S CERTlFICAnON: If a S\lpervlsory appraiser signed the appraisal report, re ar she cellIfies and agrees that:
I directly supeMse the 8llpraiser who prepared the appraisal report, have lfl'Iilroved the appraisal report, agree WIth the statemenlS and carcluslllns 01 the appraiser,
agfB8to be boulldbytlJeappraiser's certllications numbered 4 ltrougtl 7 above. and am taking Mrespons Iblll\y Iorlhe appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 36110thAvenueNW Naples FL34120
APPRAISER:
SUPERVISORY APPRAISER (Dnl, If .equlred):
Signature:
Name: Harry Henderson BRA
Oate Signed: November 30 2009
State Certification I: RD3475
orStateLicense#:
State: FL
ExpiralionDaleofCertif~orllcense:11f30110
Signature:
Name:
DalllSil,Wled:
State Certlhcation #
orSlaI8Licenselt.
State,
Expiration DaleofCertlfication Of Ucense:
ODII1 [J OidNCJtlnspectProperty
freddle Mac Form4396-93
Paoe2012
fanrieMaefonn1004Bfi.93
fll1Tn ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
70
571
672
NORTH LINE OF
TR6~;T 79 \
VANDERBILT BEACH ROAD
TRACT 66
,L2)(
-- ~ - \ L PROPOSED
WEST LINE OF PARCEL 220 ROU
EA~~A~~0~90IF 15,677 SQ. FT.
COOK ET UX, TAYLOR.
NOLAN L KENNETH R
OR 267/955 OR 1615/312
TRACT 79
GOLDEN GATE ESTATES
UNIT 19
PLAT BOOK 7. PAGE 78
10th AVENUE N~
SQ. FT.
ROUE
OR
c:::sa
SQUARE FEET
ROADWAY, DRAINAGE AND UTILITY EASEMENT
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASE.MENT
Aqenda It m_N . 1 B5
Febr ary, 10
P ge 7 17
676
57
67B
67
EAST LINE OF
TRACT 79
TRACT 82
N
W+E
UNE
L1
12
1.3
L4
UNE TABLE
BEARING
S00"28'45"E
589'31 " "W
NOO"2B'44 -W
NS9'J,'W-E
LENGTH
104.52'
149.98'
104.54'
149.96'
LEGAl DESCRIPTION (PARCEL 220 RDUE)
A PORTION OF TRACT 79, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78. OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS'
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 79:
THENCE S.OO"28'45HE., ALONG THE EAST LINE or SAID TRACT 79, FOR 104.52 FEET:
THENCE S.ag'31'10HW., FOR 149.9B FEET TO A POINT ON THE WEST LINE OF THE EAST 150 FEET OF SAID
TRACT 79:
THENCE N.OO'28'44"W., ALONG SAID WEST LINE, FOR 104.54 FEET TO A POINT ON THE NORTH LINE OF SAID
TRACT 79:
THENCE N.B9"J1'40"E., ALONG SAID NORTH LINE, FOR 149.9B FEET TO THE POINT OF BEGINNING OF THE
PARCEL DrSCRIBED HEREIN.
CONTAINING 15,677 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE.
SKETCH &: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE; 1-~120'
FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
VANDERBILT BEACH ROAD EXTENSION
SKETCH &: DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE /(
PARCEL 220 RDUE UTILITY EASEMENT
COLLIER COUNTY, FLORIDA
2~O
VJiiV
I.:~, "". ,,~~, "'" ,"_,
~Tg:~ ~~fflA~ f,~7p1aNO- 5:.01
NOT V4LIO W1TI-lOUT ntE: SI;OAATURE 7L~ RAlSro EMlIOSSW SElL OF
A FLOIlIOo/l REGISTERED PROFESSIQM.t,L ~UINEYCR ANO lIW'PER.
n'lTA""'=::-
~NSULTINO 0riI~
.&.", ,... & ~&MIppq
6610WillDwP&l~Dlive. SIJI8200
NapleoI,Flarida34109
PI1o....:(2:l9)597"0575 FAX: (239) 597-{)57B
LB No.: 6952
JOB NUMBER
060119,00,00
SHEET
1 OF 1