Agenda 03/09/2010 Item #16B 9
Agenda Item No. 16B9
March 9, 2010
Page 1 of 16
EXECUTIVE SUMMARY
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Recommendation to approve the purchase of a road right-of-way, drainage and utility easement
(Parcel No. 293RDUE) which is required for the expansion of Golden Gate Boulevard from two
lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal
Impact: $2,770.00
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road
right-of-way, drainage and utility easement required for the expansion of Golden Gate Boulevard from
two lanes to four lanes betwecn Wilson Boulevard and DeSoto Boulevard,
CONSIDERATIONS: Parcel 293RDUE is a perpetual road right-ot~way, drainage and utility
easement located on the north side of Golden Gate Boulevard (Unit 50, Golden Gate Estates), The
parcel comprises 3,750 square feet of an unimproved 2.34 acre parent parcel which is owned by
Miriam Vargas, Using the most recent, comparative sales data, the Division of Transportation's
Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property
and has estimated its current market value at $1,065 (based on $12,500 per acre), Using the 2009
assessed valuation of $25,000 per acre, the value of the proposcd easement parcel equates to $2, I 52,
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On October 6, 2009, Transportation staff mailed a letter to Mrs, Vargas inviting her to call to discuss
the sale of the required easement to the County. She replied by requesting information about land
values and wanted to know what the County was willing to pay. After staff provided Mrs, Vargas with
information about current market values and assessed values, shc stated that she was willing to sell if
the County would compensate her at the assessed value. An Easement Agreement in the amount of
$2,170 was prepared by staff and later executed by Ms, Vargas.
Staff is recommending that the Board of County Commissioners purchase the required easement area
from Ms, Vargas for the purchase price of$2,I70, and believes the following are compelling reasons
to do so,
This is not a distress sale, The property owner can afford to wait for the market to improve, There are
no attorney fees and Ms, Vargas is coopcrating with staff, There is no mortgage on the property, so
closing should proceed relatively quickly,
If we delay this acquisition for several years until construction is imminent, and are forced to take the
easement through condemnation, the cost of doing so would far excced the owner's current asking
pnce,
Furthermore, if we delay this purchase and thc market begins to rebound, in three to five years we are
likely going to be paying as much or more for the subject property than what the owner is seeking
today, In addition, the property is currently unimproved and ifMs, Vargas were to sell her land, a new
owner may choose to build on it.
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Finally, it is a common expectation of property owners upon the sale of their property to the
government, to be paid at least the value upon which thcy are being taxed by the government.
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Agenda Item No. 16B9
March 9, 2010
Page 2 of 16
FISCAL IMPACT: The fiscal impact is the purchase price of $2, I 70.00 plus recording, title and
insurance fees not to exceed $600.00, The funds will be paid from gas taxes andlor impact fees,
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - RNZ
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 authorizc its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel 293RDUE to Collier County and authorize the County Manager,
or his designee, to record the easement instrumcnt in the public records of Collier County, Florida;
3. Authorize the paymcnt of all costs and expenses necessary to close the transaction;
4. Authorize the County Managcr, 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: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering and
Construction Management
Attachments: (1) Easement Agreement with Exhibit "A"; (2) Location Map; (3) Appraisal Report
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Agenda Item No. 16B9
March 9, 2010
Page 3 of 16
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B9
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 293RDUE) which is required for the expansion of Golden Gate
Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard
(Project No, 60040). Fiscal Impact: $2,770
3/9120109:00:00 AM
Meeting Date:
Prepared By
Rebecca Harding Property Acquisition Specialist Date
Transportation Division Transportation Engineering & 2/19/20101:32:44 PM
Construction Management
Approved By
Kevin Hendricks Manager ~ Right of Way Date
Transportation Engineering &
Transportation Division Construction Management 2/19/20104:17 PM
Approved By
Lisa Taylor ManagemenUBudget Analyst Date
- Transportation Division Transportation Administration 2/22/20108:12 AM
Approved By
Kevin H. Dugan Project Manager Date
Transportation Division Transportation Engineering &
Construction Management 2/22/20108:44 AM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 2/22/201011:34 AM
Approved By
Najeh Ahmad Director - Transportation Engineering Date
Transportation Division Transportation Engineering & 2/22/20101:00 PM
Construction Management
Approved By
Norm E. Feder, Ale? Administrator - Transportation Date
Transportation Division Transportation Administration 2/23/201011:36 AM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Division Transportation Administration 2/24/20104:29 PM
Approved By
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Agenda Item No. 16B9
March 9, 2010
Page 4 of 16
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/25/20109:17 AM
Approved By
Jeff Klatzkow
County Attorney
Date
2/26/201012:56 PM
Approved By
Mark Isackson
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
3/1/20104:30 PM
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PROJECT:
PARCEL No:
FOLIO No:
Golden Gate Boulevard Project No, 60040 (Phase I)
293RDUE
39331480001
Agenda Item NO.1 JB9
March 9, 2m1 0
Page 5 0116
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2010, t;x, and between
MIRIAM VARGAS, a married woman, whose mailin9 address 980 22 Avenue NE,
Naples, Florida 34120-3413, (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
Easemen~.
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:
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1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$2,170.00
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 iiens, 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:
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(a) Easement;
(b) Closing Statement;
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Agenda Item No, 16B9
Page ~arch 9, 2010
Page 6 of 16
(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 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.
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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 periormed 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 contempiated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of evelY agreernent and obligation en the pail: of
Owner to be performed pursuant to the provisions of this Agreement.
(e) 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
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Agenda Item No. 1EiB9
Page t31arch 9, 2(])10
Page 7 o~ 16
,
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.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering 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 (includin9 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
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Agenda Item No, 16B9
Page l!(1arch 9, 2010
Page 8 of 16
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 re9istered 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
Deputy Clerk
BY
FRED W. COYLE, Chairman
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AS TO OWNER:
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Approved as to form and
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Agenda Item No. 16B9
Page !i1arch 9, 2010
Page 9 of 16
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MIRIAM VA GAS
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Agenda.ltem No 16B9
March 2010
e 1 of 16
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EXHIBIT ' f1
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lAST l~O' OF
TRA:T 107
v"\R:;~'\S
JR 5076/'50
TRACT 74
TRACT 107
GOLDEN GATE ESTATES
UNIT 50
PLAT BOOK 5 PAGE 82
TRACT 108
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PROPS ED ROADWAY EASEMEN/T~
PARCEL 293 ROUE
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GOLDEN GATE BOULEVARD (CR 876)
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PROPOSUl iWADWAY, DRM\fIGE Ar-.') UTI:.IIY [/IS[MEW (r.IJUE)
r XISTING k(lIlIYNAv L:AS~M[-!-n U:':UICAF~) TO T.~:: PlRPEL,A_L
USf'_ CW IH[. F'U,J"C PC:P ""~AT BOOK :", PA::;C 132
LEGAL DESCRIPTION FOR PARCEL 293 ROUE
A PORTiO~~ OF' TRACT '01, GOLDlN CATt: [S-;-AT[~, lJl\J, [ 50 t,S :~E'::OR[}ED H\j PLAT 800K 5. PAGE 82 OF THE
PUBLIC R:::COfIDS or COl.U::R COUNTY, I-LORIDA, l_Y',l';G IN qr::ON '_, lOWhS:-iJP 49 SOUT.'1, RANGE 27 CAS"',
CDUJER COUNTY, FlORIDA, BEING ~ml~[ PARrC:~lAR:_v ~)~SCRI8LD AS FWL_OW5,
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLUER COUNTY :;OVERNMENT
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SKETCH &. DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 293 RDUE
COWER COUNTY, FLORIDA
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PROPERTY LOCATION MAP
PROPERTY OWNER - VARGAS
PARCEL NO. 293RDUE
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Predominant Occupancy
SingleFamiJyPriceRa~e
Single Family Aile
Borrower Vargas, M.
Property Address 2141 Golden Gate Blvd E,
City Naples County Collier
legal Description Golden Gate Estates Unij 50 E 150ft of Tract 107
Sale Price S N/A Date of Sale N/A loan Term NIA yrs, Prooer;y Rights Appraised :~~: Fee
Actual Real Estate Taxes $ 291.23 [yr) .oan charges:o be paid by sellerS N/A Other sales concessions N/A
lender!Clierrt CQI.lier County ~ovrrransportation Division Address 2885 South t-jorseshoe Drive, ~Ies FL 3~.10~_
Occupant vacant Appraiser Harry Henders~ln,._~.RA Instructions to AppraiserEstimate Markel Value Parent TracUPartial Take
Folio #39331480001 vacant land
location Urban ..::,SuburlJar ,Rural
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Bum Up Over 75% .s 25% to 75% Under 25%
GmW:h Rate __ Fully Dev. Rapid Steady ~S SlOw
Property Values ~_i Increasing Stable :Z~ Declining
DemamllSupply __: Shortage --, I~ Balance S Oversupply
Marketirlll Time : Under 3 Mos 4-6 Mos, :.< Over 6 Mos.
PresentlandUse ~%1Family_%2-4Family _%Apts, _% Condo----.2:% Commercial
_% Industrial-.iQ% Vacant %
Change In Present Land Use =:NotLikely Zlikely(*) 'TakingPlace(*)
(..) From vacant To sinqle-family
ZOwner ,Tenant .____%Vacant
S 80,000 to $ 335,000 Predominant Value $ 150,000
_.....!...yrsto 30 yrs. PredominanlAge 10yrs.
Census Tract 112,02
Agenda Item No. 16B9
IfVlain FiI~ No. Parcel ~JRQuEf1iIi1jch 9, 2010
GGB Page 12 of 16
File No. Parcel 293RDUE
Map Reference S1-T49-R27
LAND APPRAISAL REPORT
StateFL
Zip Code 34120
Leasenold ~__ De Minimis PUD
EmploymentStabilrty
Convenience to Employment
Convenience !o Shopping
ConveniencetoSchaols
Adeouacy of Public Transportation
RecreauonalFacilities
AdequacyafUtilities
PropertyCompalibilily
ProtectionfromOlltrimenlalConditians
PoliceandFlrePrOlettion
General Appearance 0: Properties
Appeal 10 Marke!
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Commems including those faclors, favorable Dr unfavorable alfecti'g marketability (e.g pUblic parks, schools, view, nOiSe):See attached addenda,
Dimensions 150 x 680 2,34 54 Ft Dr Acres i Comer Lat
Zoning c!assification Estates (2.25 acre conforminl=llotsize mlT2cL Present Improvements !N do A do not comorm to zoning regulations
Highes' and best use" Present use L::. Ot~f{specify) eventual sinqle-familv development
Public Other (Describe) OFF SITE IMPROVEMENTS iopo j,evel _ _~___.__~.._..._
''''.
, _,,_.___ Street Access ", PubliC ! Private Slle Comoaliblewith__~f~~.,_
_.____ Surlace Macadam SllaDe.B~~li3.I].RU.l<l!
Maintenance PubliC P'ivale Vi~w _Neiqhborhood
i Storm Sewer Curb/':;utter Oramage,f.\BR.~ars to be adequate
"'?,
Underground Elect. & Tel _ ."._,:__~Idewalk . ,_.___ St:~J_'_~~_ ts the property located in a HUD Id!ntif~d Special Flood Hazard Area? ~:. No____ Yes
CO'll'lle~ls Na~m"ble or umavorable includl~~ any apparent ad\'wse easements encrnachnlenls, or olner adverse conl1ilions): _ Zone 0, Comm#120067C0250G, dtd 11/17105
No adyerse conditions observed. The subiecllands._a!?_~s~~med_to ~S'v.~.3_r)..u'pland!wetland profile which would allow sin le-famil develo ment
as allowed b zonin without at ieal permitt.!DJLa.r.!.~ior mit.l9a_tio.f1' Ty'~!~1 roa.gway and/or perrmeter lJlility easements eXIst on the site: these are
common in the area and do not 1m act value,
The uMerslgned nas recited three recent sales 0: Dlllpenres most simrla' and proximate to :;u~,eot an~ lias considered thesf in tM markei analysis, The description 11cludes a dollar
adjustment rMlecting market reaclion lD those iwms ut signrtica1t vimatiO'l between the SUDlect a1d comoalable proper1lp.s, 11 a significant ite'll In the comparable propelJy IS superior
to Dr mo~e !avorable than the subiett properlj'. a m~nus (.) aDjUstment i, made t~us reO'Jcing the indicated value 01 subleCt: r. a significant item in I!le comparoble is inferio~ to or less
iavorablelhanlhe subieclproperty. a plus (+) ilolustmen1 is made t huSiocreasinglheindicatecvalueofthesub!ec:
ITEM SUBJECT_PROPERTY COMPARABLE NO 1 __ _m~9.MP~RABLE NO 2
Address 2141 Golden Gale Blvd E. S/S Jung Blvd 360 14lh Avenue NW
~_t:J~.2lli!sJL 34120 N<!ples, F.~ 341,!!0 ".-_______. ~apies, FL 34120
ProxllnilyJ9_SJlJlecl 2,60 miles NW 3,59 miles NW
SalesPrict $ N/A _.J,S..._
Price Gross :5
. .._'~. ---"._-~-.
OataSource MLS#207046588
Date of Sale and DESCRIPTION ._~DESCR'ID;iON'"-"-l;i=l$ Adl~sL
Time Adlustment N/A 7/09
-----.-, -- ----.-._------
GGE Similar Similar
-------,-~------._._-
2,34 acres 250 "cres In Slac 2 50 acres
-.---,--."--
Level/natural Level/natural __ ......___ t,S'vl~Ynal1Jr_al
E:"'O' __--__1:E"a.e'--~===~__,_E'.al"'___
N/A I Castl or [quiv, Cas!', or [quiv
,
COMPARABLE NO. 3
W,'S 12th Street NE
Naples. FL 34120
123milesW
,_13.000/ac
32,500
I'
11,3211ac
18,000
rn$lac
,--
MLS#207013599
DESCRIPTION
4109
Similar
1.59 acres
Level/natural
Estates
+{-
Must.
MLS#208p30985
DESCRIPTION
5/09
1+!-I$Ad'ust
in$fac
Cash or Equiv,
NetM.lTo:ar'
Indica:edVaiue
OfSUbjecl
Comments on Marke,Oata:
--
s
T
1$
+
s
1--
S 13,000
+
s
12,000
S 11,321
_~ee atlached addenda.
Comments and Conditions of Appraisal: "Subi~C1 and cOn::!R.~a.~e.s:.omJ~arecLg!l_?.Jlacr~ unit price basis See attached Limilin~ Conditions.
2,34 acres (a:! $12.590/ac~~_" $29}_QQ.'L'Odflded, Be!~..!.l!:.Y.?,lue.9LE'jlfen: Trac1L
ra~~_d_.QQ_mpensalion r~l~..tinQ to Pat1laJ_Ta~e E:arceI29~.BPLJ.~ =- $1 065,
I ESTlMUETHEMARIlETVALUE,AS DEFINED. OF SUBJECT PROPERTY AS OF
t ' ~ .
" ( I'
(1- ., ~,~___
Isee,9ddend."l__
November 7,
2C09
tobe$ 1.065
artial take
Harry Henderson SRA
Appraisef(s)
[Y2K]
Did
Did No1.Physically Inspect Property
Review Appraiser {if a plicable)
ColllerCou~ty Govemment
Form LNO - "WmTOTAL' aooraisai soltware ~y a:o mode, inc ~ 1-800.ALAMODE
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Supplemental Addendum
Agenda Item No. 16B9
1M", 'ii, No, pa~e12S'RDUE~eh 193 ~~ 1 g
File No, Parcel 293RDUE
Borrower/C~ent Var as M.
Pro ert Address 2141 Golden Gate Blvd E.
el! Na les County Collier
Lender Collier Coun GovlTrans ortation Division
State FL
ZioCode 34120
. Land: Neiahborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area, Golden Gale
Estates is a sprawling pre-platted subdivision consisting of acreage-type single-family homesites (1.14 to 5 acres 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 CoWer Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and comps are compared on a uniUprice ($/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 clue
to a severe supply-demand imbalance in this area. The sales citecl are relatively recenl 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 $11.3211acre to $13,OOOlacre; given the comparison criteria discussed, a unit price of
$12,500/acre is selected as reasonable for the subject lands. Thus-
2.34 acres x $12.500Iacre '" j29,300 (rounded, Before Value of Parent Tract)
The Proposed Take
Parcel 293RDUE IS a 25ft-wide strip taking running along the front of the subject site on Golden Gate Blvd This ROW mterest
will be in the farm 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 3750 sf or .086 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:
$12,5001acre x 99% x .086 acres" $1065 (rounded)
In the after condition, the subject parent tract could be improved In a similar fashion as before the take (at least a 1 DOft front
yard, sufficient footprint for a house). no severance damage.
Total Appraised Compensation parcel 293RDUE: .$1065.
Form TAOD - "WinTOTAl" appraisal software by a la mode, mc. - HlOO-ALAMODE
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IMainFileNO Parcel 293RDU.Ch 9, 2010
age 14 of 16
State Fl
Zi Code 34120
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Form MAP.lDC - 'WinTOTAL" appraisal sot1ware hy ala mode. mc. ~ 1-BOO.AlA.MODE
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Agenda Item No. 1689
iM,ln'i"" P"ce'293RQU"~eh 195 ;~1 ~
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DEFINITION OF MARKET VALUE: The most probaMe price which a property should brmg in a competWve and open market under all conditions
requis~e to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implic~ in this
definition is the consummation of a sale as of a specified date and the passing 01 title from seller 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 cOl1Siders 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 01 financial arrangements comparablt thereto: and (5) the price
represents the normal consideration lor the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated wtih
the sale.
* Adjustments to the comparabies must be made lor special or creative financing or sales concessions. No adiustments are necessary
for those costs which are normally paid by sellt!rs as a resu~ of tradition or law in a market area: these costs are readily iden@able
since the selier pays these costs in virtualy all sales transactions Special or creative financing adjustments can be made to the
comparabl€ propert~ by comparisons to financing terms oUered by a third party institutional lender that is not already involved in tl1e
property or transaction. Arry adjustment should not be calculated on a mechanical dollar ior donar cost of the financing or concession
but the dollar amount 01 any adlustment should approximate the markers reaction to the financing or concessions based on the
appraiser'sludgemenl.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser"s certification that appears in the appraisal report is sutljoct to the fallowing
conditions:
1. The appraiser will no; be responsible for mat!ers of a legal nature that affect eifher the property being appraised or the :itle to it. The appraiser assumes that
the title is good and marketable and, therefore, will not render arJy opinions auout the ti~e. The property is appraised on the basis 01 it being under responsible
ownership.
2, The appraiser has provided a sketch in the appraisal repOf"! 10 show approximate dimensions of Ine improvements and the sketch is included only to assist
the reader oithe report in visualizin~ lile property and understanding the appraiser's determination 01 rts size.
3. The appraiser has examined the available llood maps that are pro~ided by the federal Emergency Managemeni Agermy (or other data sources) and has noted
in the appraisal report whether the sublect site is located in an idemilied Special Flood Hazard Area. Because the aporaiser is not a surveyor. he or she makes
noguarantees,expressorimplied,regardinglhisdefermination.
-,.
4. The appraiser wiil not give lestimony or appear in :ourt because he or she made an appraisal of the properly in question. unless specific arrangements to do
so have been made belorehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contribtJtory value. These
separate valuations of the land and improvements must no! be used in conJUnction with any :lther appraisal and are invali{j if they are so used.
5. The appraiser has nmed in ,he appraisal report any adverse conditions (such as, needed repairs, de~reciation, the presence of hazardous wastes, toxic
substances. etc.) observe{! during the inspection of the subject property or that he or she became aware of during the normal research i!Wolved in performing
:he appraisal. Unless otherwise sfatoo in the appraisal report, the appraiser has no knowledge of arJy hidden or unapparent conditions 01 the property or
adverse erwironmentai conditions (including the presence of hazardous wastes, lmdc substances, etc.) that would make Ihe property more or iess valuable, and
has assumed that ihere are no such conditions and makes no guarantees or warranties. express or imr;lied, regarding the condition of the property. The
appraiser will not be responsible for any su~h conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an e~pert in the jield 01 environmen:al hazards. :he appraisal report must not be considered as an
environment3lassessment of the property.
7. The appraiser obtained the information, estimates. and opinions thai were expressed in the appraisal report irom sources that" he or she considers to be
fellahle and believes them to he true and correct. The appraiser does not assume responsibility for the accuracy oj such items that were jurnished by other
panies,
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Un!lorm Standards or Proiessional Appraisal Practice.
9. The appraiser has based his or her appraisai report and valuation conclusion for an ap~raisal Ihat is subject 10 satisfactory completion, repairs, or
alterations on the assumption that completion 01 the improvements will be performed in a worilmanlike manner.
10. The appraiser must provide his or her pnor written consent beiore the iender/client specifie<l in the appraisal report can distrihute the appraisal report
(including conclusions about the property value, the apPf;liser's identity and prolessional designations. and references to any professional appraisal
organizalions or the firm with which the appraiser is associated) :0 arryone other than the borrower; the mortgagee or i;s successors and assigns: the mortgage
insurer: consultants; professional appraisal organizalions: any s:ate or ledeially approvel:! financiallrtslitulian: or any department. agency, or instrumentality
oj the United States or any state or the District of Columbia: except that the lender/Client may distribute the property description section of the repor.: only to data
collection or reporting service(s) l'IithoU: haVing to obtain the aopraiser's plior wrilten consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed hy anyone to the public through advertising, public relations, news, sales, or other media.
..'-,".
Freddie Mac Fonn4395-93
Page'of2
Fannie Mae form 100486.93
Collier County Govemment
Form ACR - 'WinTOTAL" appraisai software hy a la mode, inc. - 1-800.AlAMODE
_""_."" ,No
-,,-...
"'
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Agenda Item No. 1~B9
'MllinFileNo parceI293RDUE!pa~Ch 9, 2010
age 16016
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1, I have researched the subject marlle~ area and have selected a mi~mum of three reeen'. sales of properties most similar and proximate to the subject properly
lor consideration in the sales comparison anolysis and have made a doBar adjustment when apprepr-ate to reflect the market reaction to those items of significant
variaUol\_ K a significam item in a comparable property is superior to, or more lavorabl€ than. the subject property, I have made a negative adjustment to reduce
the ad!USled sakls pnce olltle comparable and, if a significant item in a comparable property is illlerior la, or less favorable than the subject property, I have made
apositiveadrustmenttoir.creasetheadiusteosalespnceoflhecomparable.
2. I have taken into consideration the lactors that have an Impact on value in my developmen: of the estimate of market value in the appraisal report, I have not
knowmg~ withheld any slgniiicant in1ormation lrom tile appraisal report and I be~eve. to the best oi my Knowledge. that a~ statements and information in the
appfaisal report. are true and correct.
3 ! stated in the appraisal report only my own personal, unbiased. and prolessional analysis, opinions. ane conclusions. which are subject on~ to the contingent
and limiting conditions specified in this farm,
4, I have no presen1 or prospective interest In the property fha: is the subject to ~his report, and I hove no present or orospective personal interest or bias with
respec; to the participants in the transaction. I did not base, ei;her partially or completely, my ana~sis andior lhe estimate 01 market value in the appraisal report
on Ihe race, color. religion. sex, handicap, familial status, or national origin of either the prospective owners or occuparIls 01 the subject property or of the presert.
owners or occupants 01 the proper:ies in tile vicinity of lhesublect property,
5, j have no oresent or:ontemolated future interest in the sublect proper;y, and neither my current or future employment nor my compensation lor pertorming this
appraisal is cnnlingenf on the appaisea vajueoftnepropp,r:y,
6 I was no: required 10 re~ort a predeterminec value ar direction ill value that favors the cause 01 :he clien: or any rejated party, the amount 01 the value estimate,
the aflainme~t ot a specific resun, or the occurrence of a subseouerr event in order to receive my compensation andio' employment ior pertorming tile appraisal I
did no: base the appraisal reDort on a reques:ed minimum valuation, a specific valuation, or fhe need 10 approve a specitic mortgage loan,
7. I pertormed this appraisal In comormity wiH~ tile Uniform Standards oJ :>rofessional Appraisal Prac;lce that were adooted and promulgated by the Appraisaf
Standards Board ot The Appraisal Foundalion and tha: were in place as 01 ih€ eliective date 01 this appraisal. with the exception ot the departure provision o~ those
Standarcs, which does nOl app~, I acknowledge tt1at ar; esli'lla:e 01 a leasenable ~.ime for eXDDsure II! the open market IS a condifion in '.he definition of market value
and the estimate I developed IS consistent witr, the marketing time noted in the neighborhood section cf this repor., unless I have Of her wise slated in the
'econciliationsection,
8 I have personally inspected Ihe interior and eX':erior areas of the sublec~ property and the exterior of all properties listed as comparabl~s in Il1e appraisal report.
11Ilrther certify mat I have noted any apparent or k~own adverse cond:tio~s in the subject imoro~ements, on me sublecl site, or on any si!e within the immediate
vicinity of lhe sub:ect p.ooerty of which I am aware and have made adlus:mems for these adverse conditions in my analySIS of the property vaju~ to the exter.: lhai
I had market evidence \0 support them. Illave also commented about the e1fect oj ,he adverse conditions on the marketability 01 the subject property,
9 I personally prepared all conclusions and opinions aboUltherea I estate,halwere se:f0:1I1In:heappraisaI1eoor: If I relied on sign ificantprolessional
assisL3nce from any individual or individuals in the perlormance oj the appraisal or the preparation of \he appraisal report. I hm named such indl~idual(s) and
disclosed tne specific tasks per10rmed by them in the reconciliation section of this appraisal report. I certily that ally Individual so named is Qualified to pertorm
the tasks, I have not aUlhonzed anyone to make a change to any i,em in tile report: thereiore. it an unauthoTlzed change is made 10 the appraisal report I will lake
no responsibility lor ~
SUPERVISORY APPRAISER'S CERTIFICATION: N a supervisory appraiser signee :he appraisal report, he or she cer1ifies and agrees that:
I directly supervise the appraiser who prepared the appraisal repM, have reviewed the appraisal repor., agree with the statemen!s and conclusions 01 the appraiser.
agree to be bouoo by the aporaise(s certifications numbered 11 through 7 above, am: am taking lull resllonsibility for the appraisal and:heappraisal report_
ADDRESS OF PROPERTY APPRAISED: ?141 Golden c;_at~!3lv(jJ:;-,--,__~~~_~~ 341~.Q
APPRAISER:
!(~,
SUPERVISORY APPRAISER (only if required):
Signatufe:~'~""'" (
~jalT1e: .l--Jarry Henderson, SRA ________ _________
Date Signed: November 7, 20Q~___. _
Slate Certification # RD3475
or Stilte License #-
Sta~e: Fl
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Expiratio~ Date 01 Certification or License: 11130/10
Signature'
Name:
Date Signed,
State Certification #.
or State Llcense#'
State:
ExpiratronDateDfCp.rtilica:ionorLicense'
--
Did _~/"Did Not InspectPloperty
Freddie Mac Form 4396.93
Page2o!2
Fannie Mae Form 1004B 6.93
Form ACR - "WinTOTAL" appraisal sof:ware by a la moce, 11C. - 1-80o-ALAMODE