Agenda 06/08/2010 Item #16A 6
Agenda Item No. 16A6
June 8, 2010
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a road right-of-way, drainage and utility easement
(Parcel No. 169RDUE) 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: $2,900.
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 between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: Parcel 169RDUE is a perpetual road right-of-way, drainage and utility
easement located on the north side of Golden Gate Boulevard (Unit 14, Golden Gate Estates). The
parcel comprises 5,448 square feet of an unimproved 2.81 acre parent parcel which is owned by
Aquilino and Adamina Arias. 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 $1,670 (based on $13,500 per acre).
Using the 2009 assessed valuation of $19,500 per acre, the value of the proposed easement parcel
equates to $2,500.
On October 5, 2009, Transportation staff mailed a letter to Aquilino and Adamina Arias inviting them
to call to discuss the sale of the required easement to the County. They replied by requesting
information about land values and wanted to know what the County was willing to pay. After staff
provided Aquilino and Adamina Arias with information about current market values and assessed
values, they stated that they were willing to sell if the County would compensate them at the assessed
value. An Easement Agreement in the amount of $2,500 was prepared by staff and later executed by
Aquilino and Adamina Arias.
Staff is recommending that the Board of County COlmnissioners purchase the required easement area
from Aquilino and Adamina Arias for the purchase price of $2,500, 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 Aquilino and Adamina Arias are cooperating 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 exceed the owners' current asking
prIce.
Furthermore, if we delay this purchase and the market begins to rebound, in three to five years we are
. likely going to be-paying as~much-or more for the subj'ectproperty than-whatthe owners are seeking
today. In addition, the property is currently unimproved and if Aquilino and Adamina Arias were to
sell their land, a new owner may choose to build on it.
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 they are being taxed by the government.
Agenda Item No. 16A6
June 8, 2010
Page 2 of 16
FISCAL IMPACT: The fiscal impact is the purchase price of $2,500 plus recording fees and title
work not to exceed $400. The funds will be paid from road 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 has been reviewed and approved by the County Attorney's
Office and is legally sufficient-JBW.
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
ofthe Board;
2, Accept the conveyance of Parcel 169RDUE to Collier County and authorize the County Manager,
or his designee, to record the easement instrument 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 tenns 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: Debbie Armstrong, Assistant Right-of-Way Manager, Transportation Engineering and
Construction Management
Attachments: (1) Easement Agreement with Exhibit "A"; (2) Location Map; (3) Appraisal Report
Agenda Item No. 16A6
June 8, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A6
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 169RDUE) 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: $2,900.
6/8/2010 9:00:00 AM
Meeting Date:
Prepared By
Debbie Armstrong
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Division
5/24/20108:54:32 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
5/24/2010 9:S9 AM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
5f24f2010 10:12 AM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
S/24/2010 11 :25 AM
Approved By
Gary Putaansuu
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
Sf24f2010 11:31 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
5f2S/2010 9:S0 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
S/25/2010 10:28 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
5/2Sf2010 12:53 PM
Approved By
Agenda Item No. 16A6
June 8, 2010
Page 4 of 16
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
5f25/2010 12:55 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
5/25f2010 2:56 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Sf26/2010 8:56 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
6f1/2010 11:00AM
Approved By
Leo E. Ochs. Jr.
County Manager
Date
County Managers Office
County Managers Office
6f1/2010 1 :24 PM
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Agenda Item No. 16A6
June 8, 2010
Page 5 of 16
PROJECT: Golden Gate Blvd. Project No. 60040
PARCEL No(s): 169RDUE
FOLIO No(s): a portion of 37287920002
EASEMENT AGREEMENT
THIS ROADWAY, DRAINAGE, AND UTILITY EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this _ day of
, 20_, by and between AQUILINO ARIAS and ADAMINA ARIAS,
husband and wife, whose mailing address is 1182 N.W. 162"d Avenue, Pembroke Pines,
FI 33028-1227, (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 ROADWAY, DRAINAGE, and UTILITY
EASEMENT over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10,00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above REelTALS 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:
$2,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "elosing"). 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 ,Iie,nll,._ e~ceptions andlor
qualifications encumbering the 'Easement, the exeeutlon of such'ihstruments 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 elosing,
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 "elosing Documents") on or before the
date of Closing:
(a) Easement;
(b) Closing Statement;
Agenda Item No, 16 6
Page .,June 8, 2 10
"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 eounty 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 eounty'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 elosing, 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
Agenda Item No. 16 6
Page ~une 8, 2 10
'Page 7 of 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.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or 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,
and all Easement instrument recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
Agenda Item No. 1 'A6
Page 4:!une 8, 2 10
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
ehapter 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 ofehapter 286, Florida Statutes.)
12. eonveyance 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 PUReHASER:
DATED:
ATTEST:
DWIGHT E. BROeK, elerk
Deputy eler!<
BOARD OF eOUNTY eOMMISSIONERS
eOLLlER COUNTY, FLORIDA
BY:
FRED W. eOYLE, eHAIRMAN
AS TO OWNER:
DATEDOLf- 3tJ- 20/0..
~ct!v&'~
. I nes (Signature)
. .1d~kQ 1t'~>>4-t:
Name ( nnt or ype)
/
AiuJC
-
Agenda Item No. 16A6
Page sJune 8, 2010
Page 9 of 16
~~
I nes (Signature)
1(1." ~a .,tl:t7fL PO
Name (Print r Type)
4}JI1/JIt/~~ ~
ADAMINA ARIAS
. nature)
41f I' 1... IJ,/e:'S,
Name (Print or Type)
Approved as to form and
legal sufficiency:
~~u~
Assista County Attorney
Last Revised: 2119/09
Agenda Item N~ 1 6
June ,2 10
f ge 1 16
I
i N COURTNEY ET UX I
... w+, OR 375/33 !
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~ LINE TABLE EAST 180' Of
;; LINE BEARING LENGTH TRACT 106
~ L1 NOO'31'1S"W 104.99 ARIAS
g L2 S89'28'4S"W 30,00 OR 3S09/3004
f L3 S44'32'18"W 28.26
~ L4 S89'32'18"w 129.94
L5 SOO'30'55"E 3S.00
f L6 N89'32' 1 8"E 149,96 WEST LINE or
--- EAST 180' or
L7 NOO'31 '15"W 54.98 TRACT 1 015
I I TRACT
I TRACT 108 109
f. GOLDEN GATE ESTATES
i UNIT 14
I TRACT 107 PLAT BOOK 7 PAGE 74
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t PROPOSED ROADWAY EASEMENT 7
~ PARCEL 169 ROUE
5,448 SQ. F-r.
II
i L4
,.
1
58+00 59+00 63 00
OR OffiCIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE fEET
~
rzn
TECM - ROW
MAR 2 5 2010
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 74
LEGAL DESCRIPTION FOR PARCEL 169 ROUE
A PORTION Of TRACT 108. GOLDEN GATE ESTATES. UNIT 14 AS RECORDED IN PLAT BOOK 7. PAGE 74 OF THE PUBLIC
RECORDS Of COLLIER COUNTY. fLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY,
fLORIDA, BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER Of SAID TRACT lOB;
THENCE N.OO' 31' 15"W.. ALONG THE EAST LINE Of SAID TRACT 1 08 fOR 1 04.99 fEET;
THENCE S,B9'28'45"W" fOR 30.00 fEET TO A POINT ON THE WEST LINE OF THE EAST 30 fEET Of SAID TRACT 108
AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.44' 32' 1 B"W.. fOR 28.26 fEET;
THENCE 5.89' .32'18"W.. FOR 129.94 FEET TO A POINT ON THE WEST LINE Of THE EAST 180 FEET OF SAID TRACT 1 08;
THENCE S,OO'30'55"E., ALONG SAID WEST LINE FOR 35.00 fEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 1 08;
THENCE N89'32' 1 8"E.. ALONG SAID NORTH liNE, fOR 149.98 FEET TO A POINT ON SAID WEST LINE;
THENCE N 00'31'lS"W,. ALONG SAID WEST LINE. FOR 54,98 FEET TO THE POINTJA o GINNING Of THE HEREIN
DESCRIBED PARCEL.
CONTAINING 5,448 SQUARE FEET, MORE OR LESS. ~
o ~ 80 ~ .
SKETCH & DESCRIPTION ONLY I = ~T1:mu~:J'[~'" lW'PER
NOT A BOUNDARY SURVEY SCAlZ, 1"-80' SlGIIHG DAll' '3 'If)
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS :":J: ~~ ~-:::O=-SSED WI. or
GOLDEN GATE BOULEVARD
SKETCH ok DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 169 RDUE
COWER COUNTY. FLORIDA
n'lTA~=-
T~SfLllN\. ~';".t;T'. ,I' J
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SHEET
1 OF 1
LAND APPRAISAL REPORT
IMain File No, P~~~Q~~EII t~geln~0. 16A6
8,2010
1 of 16
Rle No. Parcel 16!lJhllJ!e
Borrower Owner: Arias Census Tract 112.02 Map Reference S3- T 49-R27 .Cl81;;
Property Address N/E cor.GGB and 6th Street NE
City Naples County Collier State FL Zip Code 34 120
Legal Description Golden Gate Estates Unit 14 E 180ft otTract 108 OR 3509 PG 3004 [gJ Fee o Leasehold o De Minimis PUD
Sale Price $ N/A Date of Sale N/A LoanTerm~ yrs, Property Rights Appraised
Actual Real Estate Taxes $ 638,31 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Client Collier County Gov/Transportation Division Address 2885 South Horseshoe Drive Naoles FL 34104
Occupant vacant Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Market Value Parent Tract/Partial Take
Folio #37287920002
Location o Urban [gJ Suburban o Rural Good Avg. Fair Poor
Bum Up DOver 75% [gJ 25% tD 75% o Under 25% Employment Stability OO[gJO
Growth Rate o Fully Dev. o Rapid o Steady [gJ Slow Convenience to Employment O[gJOO
Property Values o Increasing o Stable [gJ Declining CDnvenience to Shopping O~OO
Demand/Supply o Shortage o In Balance [gJ Oversupply Convenience to Schools O[gJOO
Marketing lime o Under 3 Mos. o 4.6 Mos, [gJ Over 6 Mos, Adequacy of Public Transportation O[gJOO
Present Land Use ~% 1 Family _% 2.4 Family _% Apts. _% Condo~% Commercial Recreational Facilities O[gJOO
_% Industrial~% Vacant % Adequacy of Utilities O[gJOO
Change in Present Land Use o Not Likely -[gJ Likely (*) o Taking Place (*) Property Compatibility O[gJOO
- (*) From vacant To sinQle-lamily Protection from Detrimental Conditions O~OO
Predominant Occupancy ~ Owner o Tenant _% Vacant PDlice and Rre ProtectiDn O[gJOO
Single Family Price Range $ 80,000 to $ 280.000 Predominant Value $ 140.000 General Appearance of Properties O[gJOO
Single Family Age --1- yrs, to~ yrs. Predominant Age 10 yrs, Appeal to Market O[gJOO
Comments including those factors, favorable Dr unfavorable, affecting marketability (e,g. public parks, schools, view, noise): See attached addenda,
Dimensions 180 x 680 = 2,81 Sq. Ft. or Acres [::><:J Corner LDt
ZDning classffication Estates (2.25 acre conforminQ lot size min.) Present Improvements IN] dD [8J do not conform to zoning regulations
Highest and best use D Present use [gJ Other (specilv1 eventual sinnle-Iamil develooment
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level
Elec, [gJ Street Access [gJ Public D Private Size Comnatible with area
Gas 0 Surface Macadam Shape Rectanaular
Water 0 Maintenance [gJ Public D Private View Neiohborhood
San, Sewer D o Storm Sewer R Curb/Gutter Drainage Annears to be adeauate
D Underground Elect. & Tel. D Sidewalk Street Liohts Is the property located in a Hue Identnied Special Flood Hazard Area? ~ No 0 Ves
Comments ~avorable or unfavorable including any apparent adverse easemenls, encroachments, or other adverse condilions): Zone D, Comm#120067C0250G dtd 11/17/05
No adverse conditions observed, The subiect lands are assumed to have an uoland/wetland orofile which would allow sinale-Iamilv develooment
as allowed bv zonina without atvoical oermittina and/or mitiaation. Tvoical roadwav and/or oarameter utilitv easements exist an the site; these
are cammon in the area and do not imoact value.
The undersigned has recited three recent sales of properties mosf similar and pro~mate to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those ilems of significant variation between the subiect and comparable properties. II a signilicant ilem in the comparable property is superior
to or more favorable than the subject property, a minus (.) adjustment is made thus reducing the indicated value ot subject; iI a signilicant ilem in the comparable is interior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
ITEM I SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO, 3
Address N/E cor.GGB and 6th Street NE S/S Jung Blvd 360 14th Avenue NW N/S 45th Avenue NW
Naoles, FL 34120 Naoles, FL 34120 Nanles, FL 34120 Naoles FL 34120
Proximitv to Subiect " 2.08 miles N 2.08 miles NW 5.83 miles N
Sales Price N/A I~ 12,OOO/ac I~ 13,OOO/ac .'. ...... ..... I~ 15.842/ac
Price Gross $ ,.. ,. I~ 30,000 1$ 32,500 ,.. I~ 25,189
- Data Source MLS#207046588 MLS#208030985 MLS#209006794
-
- Date DI Sale and DESCRIPTION DESCRIPTION 1+ (- \$ Adiust. DESCRIPTION 1+(-)$ Adiust DESCRIPTION I +1-\$ Adiust.
- lime Adjustment N/A 7/09 5/09 2/09 :
I.ocation GGE Similar Similar Similar
~ SiteMew 2.81 acres 2,50 acres in $/ac 2.50 acres in $/ac 1.59 acres : in $/ac
T onooraohv Level/natural Level/natural Level/natural Level/natural :
Zonina Estates Estates Estates Estates
: :
Sales Dr Rnancing N/A Cash or Equiv. Cash or Equiv. Cash or Equiv.
Concessions
Net Adi. IT otaO .. . n+ tT :~ n + rl- :~ il+ il- '~
Indicated Value .. 1$ 1$ ..1 $
of Subject ... ." '.,. .. ,., 12,000 13,000 15,842
Comments on Market Data: See attached addenda.
.
Comments and Conditions of Appraisal: Subject and comps are <:ompared an a $/acre unit price basis. See attached LimitinQ Conditions,
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Final Reconciliation: 2.81 acres @ $13,500/acre = $37.935 (Belore Value 01 Parent Tract\
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. Aooraised Comoensation relatina to Partial Take Parcel 169RDUE = $1 670. (see addenda!
I EsnMATE THE MARKET VALUE. AS DEFINED. OF SUBJECT PROPERTY AS OF December 30th, 2009 to be $ 1,670 (oartial take)
Harry Henderson. SRA o Did o Did Not Physically Inspect Property
Appraiser(s) Review Appraiser(ll applicable\
[Y2K]
Collier County Government
Form LND - "WinTOTAL" appraisal software by a la mode, inc, -1.BOQ.ALAMODE
upplemental Addendum
File No. Parcel 169RDUE
IMain File No, P~~~n~~Ellf~i r~O. 16A6
June 8, 2010
12 of 1 6
Cou Collier
State FL
Zip 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 (1,14 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 Collier Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and comps are compared on a unit/price ($/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. No time adjustments have been applied in order to give property owner's
every benefit of the doubt.
The indicated unit prices range from $11 ,321/acre to $15,842/acre; given the comparison criteria discussed, a unit price of
$13,500/acre is selected as reasonable for the subject lands. Thus-
2.81 acres x $13,500facre = $37,935 ( Before Value of Parent Tract!
The Proposed Take
Parcel 169RDUE is a 35ft-wide to 54.98ft-wide strip take/corner clip 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 5,448 sf or ,125 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:
$13,500/acre x 99% x .125 acres = $1,670 (rounded)
Total Appraised Compensation parcel 169RDUE: $1.670.
Form TADD - "WinTDTAL" appraisal software by a la mode, inc, -1-800-ALAMODE
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Location Map
IMain File No, P~~M'~~MEII ~n~O. 16A6
June 8, 2010
13 of 16
~
Borrower/Client Owner: Arias I "'::I
ProDertv Address N/E cor.GGB and 6th Street NE
City Naoles CDuntv Collier State FL Zip Code 34120
Lender Collier County GovrrransDortation Division
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Form MAP.LOC - "WinTOTAL' appraisal software by a la mode, inc, -1.80o-ALAMODE
IMain File No, Po/i:~J:?r&~MEII r~ftJ.Jo. 16A6
June 8,2010
Page 14 of 16
DEFINITION OF MARKET VALUE: The most probable 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, Implicit in this
definition is the consummation of a sale as of a specified date and the passing of 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 considers his own best interest; (3) a reasonabie time is allowed
for exposure in the open market; (4) payment is made in terms of 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 by special or creative financing or sales concessions' granted by anyone associated with
the sale,
. Adjustments to the comparables must be made for special or creative financing or sales concessions, No adjustments are necessary
for those costs which are normally paid by sellers as a resull of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction, Arry adjustment should not be. calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of arry adjusbnent should approximate the markefs reaction to the financing or concessions based on the
appraiser's judgement,
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legai nature that affect either the property being appraised or the title to it. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions about the title, The property is appraised on the basis of it 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 flood 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 testimony or appear in court because he or she made an appraisal of the property in question, unless specffic arrangements to do
so have been made beforehand,
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 contributory vaiue. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used,
6, The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of arry hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, ete,) 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, regarding the condition of the property, The
appraiser will not be responsible for any such 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 expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the 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
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were fumished by other
parties.
8, The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice,
9, The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmaniike manner.
10, The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
uncluding conclusions about the property value. the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone o1her than ihe borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consullants; professional appraisal organizations; any state or federally approved financial instiMion; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lenderfclient may distribute the property description section of the report only to data
coliection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must aiso
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media,
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Freddie Mac Form 439 6-93
Page 1 of 2
Fannie Mae Form 1004B 6.93
Collier County Government
Form ACR - "WinTOTAL' appraisal software by a la mode, inc. -1-BOO-ALAMODE
IMain File No. P~~~~MEllf&l1-rf40. 16A6
June 8, 2010
Page 15 of 16
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1, I have researched the subject market area and have seiected a minimum of three recent sales of properties most similar and proximate to the sUbject property
for consideraton in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those ijems of significant
variaton, ~ a significant item in a comparable property is superior to, or more favorable than, the sUbject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, ij a signijicant item in a comparable property is inferior to, or less favorable than the subject property, I have made
a positive adjustment to 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 est mate 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 information in the
appraisal report are true and correct.
3, I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subjecf only to the contingent
and limiting conditions specified in this form.
4, I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction, I did not base, either partially or completely, my analysis andfor 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 properties in the vicinity of the subject property,
5, 'have no present or contemplated future interest in the subiect property, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the 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 value estimate,
the attainment of a specijic resu~, or the occurrence of a subsequent event in order to receive my compensation andfor 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 mortgage loan,
7, I performed this appraisal in conformity with the Unijorm Standards of Professional Appraisal Practice that were adopted and promuigated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisai, with the exception of 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 developed is consistent with the marketing time noted in the neighborhood section of this report, uniess I have otherwise stated in the
reconciliaton section,
S, I have personaHy 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 within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of fhe property value to the extent that
I had market evidence to support them. i have also commented about the 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. ~ I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisai report, I have named such individual(s) and
disclosed the specitic tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named is qualified to perform
the tasks, I have not authorized anyone to make a Change to any ijem in the report; therefore, if an unauthorized change is made to the appraisal report, I will take
no responsibility for It,
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report. have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report,
ADDRESS OF PROPERTY APPRAISED: N/E cOLGGB and 6th Street NE. Naples, FL 34120
APPRAISER: SUPERVISORY APPRAISER (only if required):
Signature:
Name: Harry Henderson, SRA
Date Signed: December 30, 2009
State Certification #: RD3475
or State License #:
State: FL
Expiraton Date of Certification or License: 11/30/10
Signature:
Name:
Date Signed:
State Certification #:
or State License #:
State:
Expiration Date of Certification or License:
o Did
o Did Not Inspect Property
Freddie Mac Form 439 6.93
Page 2 of 2
Fannie Mae Form 1004B 6-93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc, -1-S00.ALAMODE
Agenda Item No. 16A6
June 8, 2010
Page 16 of 16
LOCATION MAP
Golden Gate Blvd. Project #60040
Parcel 169RDUE
Folio Number: 37287920002
Name: ARIAS, AQUILlNO=& ADAMINA
Legal Description: GOLDEN GATE EST UNIT 14 E 180FT OF TR 108
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