Agenda 02/09/2010 Item #16B8
Agenda Item No. 1688
February 9,2010
Page 1 of 16
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: $5,685.00).
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 9,212 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 Mrs.
Carmen McMaster.
The purchase price is $5,285.00 ($25,000.00 per acre) for the easement pareel 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 eost 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. 1688
February 9, 2010
Page 2 of 16
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 $5,685.00 and includes the $5,285.00 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 Co llier 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. 193 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: (I) Easement Agreement; (2) Property Location Map; (3) Appraisal Report; (4) Legal
Description/Sketch
Item Number:
Item Summary:
Meeling Date:
Agenda Item No. 1688
February 9,2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B8
Recommendation to approve the purchase of a Perpetual, Non-exclusive Road Rlght-of-
Way, Drainage and Utility Easement which is required for the construction of the proposed
four -Ianing improvements to Golden Gate Boulevard from just west of Wilson Boulevard to
just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,685.00).
2/9/20109:00:00 AM
Date
Prepared By
Sonja Stephenson
Transportation Division
Property Acquisition Specialist
Transportation Engineering &
Construction Management
1/21/20101:13:42 PM
Date
Approved By
Kevin H. Dugan
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
1/22/20107:54 AM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
1126/201010:17 AM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
1/26/201012:13 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
1/26120103:11 PM
Date
Approved By
Therese Stanley
Transportation Division
Manager - Operations Support - Trans
Transportation Administration
1/28/20109:14 AM
Date
Approved By
Jennifer White
County Attorney
Assistant County Attorney
County Attorney
1/28/20101:56 PM
Date
Approved By
Pat Lehnhard
Transportation Division
Executive Secretary
Transportation Administration
1/28/20102:14 PM
Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 16B8
February 9, 2010
Page 4 of 16
Date
Office of Management & Budget
1/28/20104:30 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/29/201012:02 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/29/20101:37 PM
PROJECT: 60040
PARCEL No(s): #193
FOLIO No(s): 39261720103
Agenda Item No. 1 68
February 9, 2 10
Page 5 0 16
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 20_, by and between
CARMEN T. MCMASTER, whose mailing address is 12581 Glen Hollow Drive, Bonita
Springs, FL 34135 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose maiiing 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 A9reement (hereinafter
referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows;
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$5,285.00
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;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form: and
AgpQQ<l ,ijem No. 1688
!l'e6ruary 9, 2010
Page 6 0 16
(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 wrthin ninety (gO) days from the date of execution of this Agreement by
the Purchaser: provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project wrthout 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 herewrth, 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.
Agpnda ltem No. 1 B8
a!lfeilJruary 9, 2 10
(e) There are no maintenance, construction, advertising, management, leasing, Page 7 0 16
employment, service or other contracts affecting the Easement.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disciosed 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 underiying the Easement
except as specifically disciosed 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 Owne~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
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.
AgP\jda IJem No. 1688
a~1lruary 9,2010
Page 8 16
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:
DATED: ;r..............J ". z... 100
t~~
CA MEN T. CMAS ER
~ 0)0:; O.-~~
Witness (Signature)
(""H!t-14.LQrr E v9. .....,.I1R.rl#
Name (Print or Type)
.:.1,---
Itness (Signature)
.:r.._ts E. /(t '"
Name (Print or Type)
Approved as to form and
legal sufficiency:
~~--U'~
Assist t County Attorney
Lasl Revised: 2119109
'"
Aaenda Ite~. 1 88
February ,2 10
ge, 0 16
I
LINE
L1
L2
L3
L4
L5
L6
L7
L8
LINE TABLE
BEARING LENGTH
N00'29'Jl'"W 50.00'
NOO"29',31"W 25.00'
N89"JO'41"E 150.15'
N00'29'15~W 10.00'
NBg.JO'41~E 130.00'
N44'JO'41"E 28.50'
500"29'15"E 55.15'
589",30'41 "VI 300..30'
JO
SOUTH 340' OF
TRACT 36
MCMASTER
OR 2882/284
TRACT 35
TRACT 36
GOLDEN GATE ESTATES
UNIT 49
PLAT aOOK 5 PAGE 80
GOLDEN ""1 BOULEVARD (CR 876)
I
~.
I
I
~I
i
~I
I
I N
ct
L_
TRACT 37
89:+QO
r--
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80
LEGAL DESCRIPTION FOR PARCEL 193 ROUE
A PORTION Of TRACT 36, GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5. PAGE 80 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST.
COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED JlS FOLLOWS.
OR
~
rz.zJ
COMMENCING AT mE SOUTHWEST CORNER OF SAID TRACT 36;
THENCE N.OO'29'31"W., ALONG THE WEST LINE OF SAID TRACT 36, FOR 50,00 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH 50 FEET OF SAID TRACT 36, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE N.OO"29'31 "W., ALONG SAID WEST LINE, FOR 25.00 FEET;
THENCE N.B9.30'41 "E., FOR 150.15 FEET;
THENCE N.OO"29'15"W.. FOR 10.00 FEET;
THENCE N.89'30'41T, FOR 130.00 FEET;
THENCE N.44"JO'41 "E.. FOR 28.50 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF SAID TRACT 36;
THENCE S.00'29'15"[.. ALONG SAIO WEST LINE. FOR 55.15 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT J 5;
THENCE S.89'30'41"W., ALONG SAID NORTH LINE, FOR JOO.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL. '
SKETCH I:: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY BCaLI:; 1'-80'
FOR: COUJER COUNTY GOVERNMENT BOARO OF COUNlY COMMISSIONERS
I~
ml/)))u/ ~,'_
CONTAINING 9,212 SQUARE FEET, MORE OR LESS.
GOLDEN GATE BOULEVARD
SKETCH It DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 193 RDUE
COWER COUNTY". FLORIDA
JOB NUMBER
50217.00.00 0007
~-
.-..
SHEET
1 OF 1
90+01
Agenda Item No. 1688
February 9, 2010
Page 10 of 16
Golden Gate Blvd. - Parcel 193
Borrower Owner: Mc Master
Property Address NfW cor. GGB and 10th St. NE
City Naples County Collier
Legal Description Golden Gate Estates Unit 49 S 1/2 of Tract 36
SalePrice$N/A DateofSaJe~LoanTerm~yrs. Proper1yRighlsAppraiseC [8JFee Dleasehold DDeMinimisPUD
Actua!RealEstateTaxes$~(yr) Loanchargestobepaidbysel~r$~Othersalesconcessions N/A
lenderlCnent Cottier County GovfTransportation Division Address 2885 South Horseshoe Drive, Na les FL 34104
Occupanf vacant Appraiser Harry Henderson SRA Instructions to AppraiserEstimate Market Value Parent TracUPartial Take
Folio #39261720103
Location Rural
U~ D~r~%
I>>owtI1 Roe 0 Fully Dev. [gJ Slow
PropertyVallleS ~Declinina
DemaOOlSupp~ ~ Oversupply
Ma~1lJ Time 0 Under 3 Mos. 0 4-6 Mos. lSJ Over 6 Mos.
PresentLandUse ~%1familY_%2-4Family __%Apts. _%Condo-----2%Commercial
% Industrial 40% Vacant %
Cllange in Present Land Use DNotLikely -LSJLikely(*) o TakingPlace(*)
(*) From vacant To sinQle-familv
[gJ OWner 0 Tenant _% Vacant
$~to$ 395000 PredominanfValue$ 150000
-L yrs.to-1Q.. yrs. Predominant Age --1Q yrs.
Census Tract 112,02
IMai' """0 Pj!l;~~\I&)!fIIf.!!\\f1JJo. 1688
FUo. pa".F~ !:iiMY' 9,2010
Map Reference S2-T49-R27 1 of 16
LAND APPRAISAL REPORT
Stale FL
Zip Code 34120
PredoninanlOccupancy
Single Famlty Price Range
Single Family Age
EmploymentStabilily
Convenience to Employmenl
Convenience to Shopping
ConveniencefOSctlools
Adequacy of Public Transportation
RecreafionalFacitities
Adequacy 01 Utilities
PropertyCompalibltlty
Profecfionfrom Detrimental C(lnditions
Police and Fire Proteclion
General Appearance of Properties
Appeal 10 Market
Good Avg, Fair Poor
DO [gJ [J
D[gJDD
[1 [gJ [J 0
D[gJDD
D [gJ D rJ
D[gJDD
D[gJDD
C[gJOD
D [gJ D [J
D[gJDD
D[gJDD
D[gJDD
Com1renls including those facfOrs, favorable or unfavorable, affectng marketability (e.g, pUblic parks, schools, view, noise):See attached addenda.
Dimensions 330 x 340 2.57 SQ. Ft. or Acres Comer lot
ZorillJ classlftcaton Estates (2-25 acre conforminq lot size min.) Presertllmpravements [NJ do [8J do not conform to zoning regulations
HigheSf and best use D Present use - Other (spec eventual si le-famll develo ment
Public Other [Describe) OFF SITE IMPROVEMENTS Topo Level
Etee. [2] Street Access [2] Public 0 Private Size Com atible with area
Gas 0 Surface Macadam . Shape Rectan ular
Water D Maintenance l8l Public 0 Private jView Ne. hborhood
San. Sewer 0 0 Slorm Sewer C Curb/Gutter Drainage A ears to be ade uate
o Underground Elect, & Tel. Si~---D Sfreet lillhtSJls the property toc8led In a HUDldentllied Special Flood Hazard Area? l8]NoDves
Comments Cavorabje or unfavorable includir.g any apparent adverse easements, encroat:nments, or olner adverse condnions) Zone 0 Comm#120067C0250G dtd 11/17/05
No adverse conditions observed_ The sub'ect lands are assumed to have an uland/wetland rofile which would allow sin le-famil develo men!
as allowed b zonin without a ical ermittin and/or miti ation. Tical roadwa and/or arameter utili easements exist on the site: these
are common in the area and do not im act value
The undersioned has recited three recent sales of properties most simltar and proximate to subject and has considered these in !he market analysis. The description a dollar
~stment reflecting market reaction to those items of signilit:ant variation between the subject and comparable properties, It a significant item in the tomparable property superior
10 or more favaable than !he subject property, a minus H adjustment is made thus reducing the indicated value of subject; if a signilicant item in the comparable is inferior to or less
favorable than Ihe sUbject property, a plus (+) adJusfmentis madefhus increasing the indicated value of the subject.
ITEM SUBJECT PROPER1Y COMPARABLE NO.1 COMPARABLE NO, 2
Address NIW cor, GGB and 10th St. NE SIS Jung Blvd 360 14th Avenue NW
Na~ Na~sRM120 Na~sFL34120
Proxim. foSu 'ect
Sales Price
Price Gross
Data Source
Date of Sale and
TrmeAdiustment
location
S' ow
Too
loni
NIA
15 842/ac
25,189
DESCRIPTION
NIA
GGE
2.57 acres
Level/natural
Estates
Ad'ust.
Similar
2_50 acres
Level/natural
Estates
Similar
in$/ac 2.50 acres
Level/natural
Estates
Similar
in $/ac 1_59 acres
Level/natural
Estates
in $/ac
Salesor.Financirrtj
C<lncessl0n5
NelAd'. ala
Indicated Value
ofSlIbject
Comments on Market Dala:
Cash or Equiv.
Cash or Equiv.
:$
12.000
13,000
15,842
Comrrents and Conditions of Appraisal: Subiect and comps are compared on a $/acre unit price basis. A unit/price I$/acre} of $13 ODD/acre is selected
as most reasonable for the sub.ect lands.
Final Recorw::i1iafion: See attached Limitin Conditions
raised Com ensation relatin to Partial Take Parcel 193RDUE $2715. see addenda
I E&nMATETfIE MARIlET VALUE, AS DEFINED. OF SUBJECT PROPERTY AS OF November 7 20~ to be$ 2715
Harry Henderson, SRA
A raisers
~2K]
Review A praiser fap ticable)
Collier County Government
Form LND - 'WinTOTAl" appraisal software by a la mode, inc. - 1.800-ALAMODE
DDid DDidNotPhysicaliylnspectProperty
upplemental Addendum
IMain ,,"No P~~!rflml'llr'!!l'.fI~o. 1688
file NoP.".I193RDUfebruary 192 ~~i ~
Borrower/Client Owner: Me Master
Pro Address NIW cor. GGB and 10th St. NE
C' Na les Gnu Comer
Lender Co8ier Coun GovfTrans artation Division
Stale FL Zi Code 34120
. Land: Neiahborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area. Golden Gate
Estates is a sprawling pre-platted subdivision consisting of acreage-type single-family homesites (1.1410 5 acres typically) in a
semi-rural setting. Essential services are within a 35 minute drive. Golden Gate Boulevard is an east-west running thorofare
linking the eastern Estates area to Collier Boulevard (with greater Naples beyond). flAaintenance levels in the area are average.
. Land: Market Data
The subject and comps are compared on a uniVprice ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate
market has been in decline since late 2005 and remains exceptionally weak.; the Estates market has been especially soft due to
a severe supply-demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have
been applied in order to give property Ql,vner's every benefit of the doubt.
The indicated unit prices range from $11,321/acre to $15,842/acre; given the comparison criteria discussed, a unit price of
$13,OOO/acre is selected as reasonable for the subject lands.
The ProDosed Take
Parcel 193RDUE is an irregularly shaped strip taking running along the front 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 easement over the subject property for
the existing GGB. The proposed new easement area will contain 9.212 sf or .211 acres.
This easement represents a 99% encumbrance to the underlying land; no site improvements (only native vegetation) lie within
the easement area. The value of the land being acquired is therefore:
$13,OOO/acre x 99% x .211 acres'" $2,715
In the after condition, the subject parent tract could be improved in a similar fashion as before the take (at least a 100ft front
yard. sufficient footprint for a house), no severance damage.
Total Appraised Compensation parcel 193RDUE: ~
Form lADD - "WinTOTAl" appraisal software by a la mode, inc. -1-800-ALAMOOE
Location Map
IMai"FiI'NOP~~!ii1,,&-)lI'llr~r~0. 1688
February 9, 2010
13 of 16
Borrawar/CIienI Owner: Me Master
Pro Address NfW cor. 8GB and 10th 51. NE
C Na las Cou Collier
Lender Conier Coun Govrrrans ortation Division
Stale FL Zi Code 34120
Form MAP.LOC - 'WinTOTAL' appraisal software by a la mode, inc. - 1.800-ALAMODE
1M", F'I' No Pj!ji~!lrll'/!lfllri!!l'lflYo. 16B8
February 9, 2010
Page 14 of 16
DEFINITION OF MARKET VALUE: The rT1!lst probabkl price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicrt in this
definition is the consummation of a sale as of a specified date and the passing of title from seAer to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made in terms 01 cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected tly special or creative financing or saies concessions* granted by anyone associated wrth
the sale.
* Adjustmerrls to tI'e comparables must tie made for special or creative financing Of sales concessions. No adjustments are necessary
for !hose costs which are normally paid by sellers as a resull of tradition or law in a market area; these costs are readily identrtiable
since the seller pays these costs in virtually a~ sales transactions_ Special or creative financing adjustments can be made to the
cOlJllarable pro!}el1y by comparisons 10 firtancing terms offered by a third party institulionallemler that is not aiready involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for do~ar cost of the financir.g or concession
but the doDar amount of any adjustment should apprmdmate !he market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND UMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser win not be responsible for matters of a legal nature that affect either1he property being appraised or the trtle to rt The appraiser aSSlKlles that
the tttIe is good and marketable and, therefore, will not render any opinions about the title The property is appraised on the basis of rt being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser 's determination of its size.
3. The appraiser has examined the available Hood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Rood Hazard Area Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give t~stimony or appear in court because he or she made an appraisai of the property in Question, unless specific arrangements to do
so hav~ been made beforehand
5. The appraiser has estimated the value of the iand In the cost approach at its highest and best use and the improvements at their contributory vafue. These
separate valuations 01 the land and improvemems must not be used in conjunction witt1 any other appraisal and are inva~d n they are so used.
6. The appraiser has noted in the appraisai report any adv~rse COnditions as, needee repairs. depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or he or she became aware of during the normai research involved in perlorming
the appraisal. Unless otherwise staled in the appraisal report, the appraiser has no knowledge of any hidden or urtapparent coooitions 01 the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regardir.g the corldltion of the property. The
appraiser win nol be responsible for any such conditions that do exist or for any engineering or lesting that might be required to discover whether such
condttions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment oflhe property
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliabie and believes them to be true and correct. The appraiser does not assum~ responsibility for the accuracy 01 such items that were 1urnished by other
parties
8. The appraiser win not disclose the contents 01 the appraisal report except as provided for in the Uniform Standards 01 Professional Appraisal Practice.
9 The appraiser has based his or her appraisal report and vaiuation conciusion for an appraisal that is subject to satisfactory completion, repairs. or
atierations on the asslKllption that completion of the improvements will be perlormed in a worl<manlike manner
10. The appraiser must provide his or her prior written consent before tre lender/client specnied in the appraisal report can distribute the appraisal report
~ncluding concusions about the property value, the appraiser's identity and professional designations, and references to any professiortal appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage
insurer; consunants; professional appraisal organizations: any state or fed~rafly approved financial institution; or any department, agency, or instrumentality
of the Untted States or any state or th~ District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtainell before the appraisal can be conveyed by anyone to the public through advertising, pUblic relations, news, sales, or oll1er media
Freddie Mac Form 4396-93
Page10f2
Fannie Mae Form 1004B 6-93
Collier County Governmenl
Form ACR - "WinTOTAl" appraisal software by a la mode, inc. ~ 1-800-AlAMODE
1M,;" 'He No P~~!1lJIIMII ~ fI~o. 1688
February 9,2010
Page 15 of 16
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum ollhree recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis aoo have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variaflon. n a significant item in a comparable property is sllperior la, or more favorable than, the subject property, I have made a nellajive adjustment to reduce
the adjusted sales ptice01 lhe cornparableand,!fa signillcan1ilemlna comparable property is interior to, or less lavorableIhanthe subjeclproperty, I have made
a positive adjuSlmentto increase the adjusted sales price of the comparable
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and infonnation In the
appraisal report are true and correct.
3. I stated In !tle appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and ~miting conditions specified in this fonn.
4. I have no present or prospective interest in the property that Is the subject to this report, and J have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, eftherpartially or completely, my analysis and!or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the propertles in the vicinity of the subject property.
5. I have no present or contemplated future interest in the Subject property, and neither my current or future employment nor my compensation tor performing this
appraisal is conbngenlonlhe appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the vaitJe estimate,
the attainment of a specific resu~, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgageioan.
7. I performed ttlis appraisal in conformity with the Uniform Standards of Prolessional Appraisal Practice that were adopted and promuigaled by the Appraisal
Standards Board 01 The Appraisal Foundation and that were in place as oftheeflective date ollhis appraisal, w;lt11re exception 01 the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimate I de'o'llloped is consistent with the marketing time noted in the neighborhOOd section of this report, unless I have otherwise stated in the
reconciliation section.
8. I have personally inspected the interior and exterior areas of the SUbject property and the exterior of all properties listed as comparables in the appraisal report
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site wrtllin the immediate
vicinity of the subject property of which I am aware and have made adjustments tor these adverse conditions in my analysis of the property value to Ire extent that
J had market evideoce to support them. I have also commented about1he effect of the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. n I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or lhe preparation of the appraisai report, I have named such individual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certHythatany individuaiso named is qualified to perfonn
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to lhe appraisal report I will take
no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory a~praiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewoo the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by lhe appraiser's certifications numtHlred 4through7ab ove, and am taking full responsibility forlhe appraisal and the appraisa I report
ADDRESS OF PROPERTY APPRAISED:
NIW cor. GGB and 10th 81. NE Naples FL 34120
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature'
Name: Harry Henderson 8RA
Date Signed: November 7 2009
State Certification #: RD3475
or Stale license #:
State: FL
Expiration Date of Certffication or license: 11/30/10
Signature'
Name'
Date Signed:
State Certification #.
or State License #:
State:_
Expiration Dale of Certiflcati[)n or license'
COid D Did Not Inspect Property
Freddie Mac Fonn 4396-93
Page20f2
Fannie Mae Form 100486-93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-000-AlAMOOE
TRACT 35
)0
LINE
LINE TABLE
BEARING
NOO'29'31~W
NOO'Z9',31NW
N89'30'4'''E
NOO'29'15"W
N89" 30' 41 "[
N44' 3D' 41 "E
SOO'Z9'lS'J
S89' 30' 41 "w
"
LENGTH
50.00'
25.00'
150.15'
10.00'
130.00'
2850'
55,15'
300.30'
o
+
L4
L5
L6
L7
-~
SOUTH 340' OF
TRACT 36
MCMASTER
OR 2882/284
TRACT 36
GOLDEN GATE ESTATES
UNIT 49
PLAT BOOK 5 PAGE 80
PROPOSED ROADWAY EASEMENT
PARCEL 193 ROUE
9.212 SQ. n.
WEST l!NE OF
EAST 30' OF
TRACT 36
gen a rem o. 1688
Februar 9, 2010
Page 6 ot 16
I
I
~I
~
~I
I
I N
~+'
I
TRACT 37
89+00
90+0[
OR
[>QZ2j
CZZJ
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND Ull_J\Y ~ASEMENT (r~DU[)
EXISTING ROADWAY EASEMENT DEDICATED
USE OF THE PUBLIC PER PLAT BOOK 5,
LEGAl DESCRIPTlON FOR PARCEL 193 ROUE
GOLDEN GATE BOULEVARD (CR 876)
I
-i- I t r-
A PORTION OF TRACT 36, GOLDEN GATE eSTATES, 1.,'[\;11 49 AS RECORDED IN PLAT BOOK 5, PAGE 80 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 36:
THENCE N,DO'29'31"W_, ALONG THE WEST LINE OF SAID ~RACT 36, ~OR 50.00 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH 50 FEET OF SAID TRACT 36. AND THE POINT Of BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE N,OO'29'31'W, ALONG SAID WEST LINE, FOR 25.00 FEET:
THENCE N.89'30' 41 "E., FOR 150 15 FEET;
THENCE N.OO'29'15"W., FOR 10,00
THENCE N.89'30'41~E., FOR 130.00
THENCE N.44'30'41 "E., FOR 2850 FEET A POINT ON THE WEST LINE OF THE EAST 30 FEET OF SAID TRACT 35;
THENCE S,OO'29'15~E., ALONG SAID WEST LINE, FOR 55,15 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 36;
THENCE S.89'30'41 "W., ALONG SAID NORTH LINE, FOR JOO.30 F:ET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL, '
CONTAINING 9,212 SQUARE FEET, MORE OR LLSS
SKETCH &; DESCRIPTION ONLY
NOT A. BOUNDA.RY SURVEY SCALE; I-_BO'
FOR: COLLIER COUNT'!' GOVERNMENT BOARD OF COUNT'!' COMMISSIONERS
I~O
~ l/)))U-/
WICIiAEL SURVnOR 011: Wd'POl
FlORIM
SIGNING
GOLDEN GATE BOULEVARD
SKETCH &: DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL lQ3 RDUE
COWER COUNTY. FLORIDA
JOB NUI.4BER
]50217,00,00 0007
NOtvA.l..lO
"FlORll),l,
SHEET
1 OF 1