Agenda 07/27/2010 Item #16A24Agenda Item No. 16A24
Jule 27, 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 (Parcel No. 489RDUE), which is required for the
four - Caning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard.
Project No. 60040 (Fiscal Impact: $1,600).
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 four -laning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: The required easement is located on the north side of Golden Gate
Boulevard (Unit 78, Golden Gate Estates) and contains a total of 2,175 square feet or 0.05 acres.
Using the most recent, comparative sales data, the Growth Management Division's Review
Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property
estimating its current market value at $425 ($8,500.00 per acre). The current / 2009 assessed
value of the needed easement area is $1,250.00 ($25,000 per acre).
On June 16, 2010, Collier County Transportation Division invited the owner, James Showalter,
to discuss the sale of the required easement to the County. On or about June 21, 2010, Mr.
Showalter contacted the assigned Property Acquisition Specialist to discuss the County's
invitation. Through continued negotiations, the owner has agreed to sell the required easement
to Collier County for the purchase price of $1,250.00 (at the exact current / 2009 assessed value).
Staff is recommending that the Board of County Commissioners purchase the required easement
area from Mr. Showalter for the purchase price of $1,250.00, and believes the following are
compelling reasons to do so:
This is not a distress sale. The property owners can afford to hold out and wait for the market to
improve.
If we should delay this acquisition for several years until construction is imminent, and be forced
to take the easement through condemnation, the cost of doing so would far exceed the owners'
asking price. In addition, the owners are cooperating with staff so there are no expert or attorney
fees.
Moreover, if we should forestall 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 subject property than the owners
are seeking today.
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 were taxed by the government. The easement
agreement was negotiated at the current / 2009 assessed value prior to the publishing of the
preliminary 2010 assessed values on July 15th.
Agenda Item No. 16A24
July 27, 20'10
Page 2 of 16
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $1,600.00 and includes the
$1,250.00 negotiated purchase price; a title search fee, a title insurance premium lender
subordination fees, and recording fees not to exceed $350.00. Source of funds are road impact
fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
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. 489RDUE 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 perfonnance 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, Right -of -Way Acquisitions,
Transportation Engineering, Growth Management Division
Attachments: (1) Easement Agreement with Exhibit "A'; (2) Location Map; (3)
Appraisal (4) 2009 Final Tax Roll
Agenda Item No. 16A24
July 27, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A24
Item Summary:
Recommendation to approve the purchase of a Perpetual.
Non - exclusive, Road Right -of-
Way, Drainage and Utility Easement (Parcel 489RDUE), which is required for the four- laning
of Golden Gate Boulevard between Wilson Boulevard
and DeSoto Boulevard. Project No.
60040 (Fiscal Impact $1.600).
Meeting Date:
7/27/2010 9.00:00 AM
Prepared By
Sonja Stephenson
Property Acquisition Specialist
Date
Transportation Engineering &
71712010 11:35:46 AM
Transportation Division
Construction Management
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
71812010 3:58 PM
Approved By
Jeff Klatzkow
County Attorney
Date
71912010 3:24 PM
Approved By
Najeh Ahmed
Director - Transportation Engineering
Date
Transportation Engineering &
711212010 9:50 AM
Transportation Division
Construction Management
Approved By
Gary Putaansuu
Project Manager, Principal
Date
Transportation Engineering &
7I12i2010 1:13 PM
Transportation Division
Construction Management
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Division
Transportation Administration
7!12;20101:59 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7/1212010 4:21 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Engineering
7113!201010:43 AM
--� Transportation Division
Construction Management
Approved By
Agenda Item No. 16A24
July 27, 2010
Page 4 of 16
Norm E. Feder. AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7113/2010 1:59 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
7/1412010 10:24 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/14/2010 11:19 AM
Approved By
Susan Usher
Management /Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7/1612010 12:50 PM
Approved By
Mark lsackson
Management /Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7/1612010 5:14 PM
Agenda Item No. 16A24
July 27, 2010
Page 5 of 16
PROJECT: 60040 Golden Gate Boulevard
PARCEL No(s): 489RDUE
FOLIO No(s): 40745840006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2010, by and between
JAMES C. SHOWALTER, a married man, whose mailing address is 4380 2nd Avenue NE,
Naples, Florida 34120 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred to as "Purchaser ").
WHEREAS, Purchaser requires a Perpetual, Non - Exclusive Road Right -Of -Way,
Drainage and Utility Easement over, under, upon and across the lands described in
Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement "); and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
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.
Owner shall convey the Easement to Purchaser for the sum of:
$1,250.00
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) Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility
Easement;
Agenda Item No. 16/24
Page 21uly 27.2 10
Page 6 o 16
(b) Closing Statement;
(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.
If Owner elects to retain improvements and /or landscaping ( "Improvements ") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
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.
Agenda Item No. 16A24
Page 3)uly 27, 2010
Page 7 of 16
(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.
(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
Agenda Itom No. 16A24
Page 4)uly 27, 2010
Page 8 of 16
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
10 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.
11. 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.
12. 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, subject to the penalties prescribed for
perjury, 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.)
13. 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.
14. 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.
15. 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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, Chairman
P.genda Item No. 16A24
Page 5)uly 27, 2G)10
Page 9 0 16
AS TO OWNER:
DATED:
G
ness (S ature),) JA ES C. S O LTER
a` �,
Witness
( nature)
�jtOSs UwrL.w
Name (Print or Type)
Approved as to form and
legal sufficiency: �)
Assistant County Attorney
Last Revised, 2119109
Agenda Item No. 116A24
July 27. 2010
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SHOWALTER
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OR 2737/3359
OR 3651/3237
BREIBCHAFi SHOwALTFR
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OR 669/1607 OR 2596/677
j WEST 75' OF
EAST 150' OF
TRACT 72
TRACT 55
TRACT 72
TRACT 73
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GOLDEN GATE ESTATES
#
UNIT 78
PLAT BOOK 5 PAGE 16
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PROPOSED ROADWAY FASEMENT
PARCEL 4 ROUE
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29
50'
302,00
303.00 304, W , C
306
00 307f00
GOLDEN GATE BOULEVARD (CR 876)
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (900K /PAGE)
PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDLE) TECM _ ROW
!T]- EXISTING ROADWAY EASEMENT DEDICATED TO ?HE P[RPE "UAL
USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 15 FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 489 ROUE
A PORTION OF TRACT 72. GOLDEN GATE ESTATES. UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, F'_ORIDA. LYING IN SECTION 4 TOWNSHIP 49 SOUTH. RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICJLARLY DESCRIBED AS FOLLOWS.
THE NORTH 29 :CET OF THE SOUTH 79 FEE" OF THE WEST 75 ^FFT OF THE EAST 150 FEET OF SAID TRACT 72.
CONTAINING 2,175 SOUARE FEET, MORE OR LESS.
a 40 so 1e0
SKETCH k DESCRIPTION ONLY a I, t wevl
NOT A BOUNDARY SURVEY SCK[Z C -M, S101AM0 I.,
FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS n °eninw °c` am°rwarmwiu xm Rwc 35m sut °F
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GOLDEN GATE BOULEVARD
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SKETCH k DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
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PARCEL 469 RDUE
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LAND APPRAISAL REPORT
Parcel 489RDUE
Borrower Owner. Showalter Census Trap 112.02 Map Reference S4- T49 -R28
Property Address N/$ Golden Gate Blvd
City Naples County Collier Stoic FL Zip Code 34120
Legal Descnpbon Golden Gate Estates Unit 78 E 75h of W I Wit of Tract 72
$ale Price E N/A Date 01 Sale N/A Loan Term NIA yrs. Property Rights Appraised L'Y Fee ❑ I-muchold ❑ De Mammas PU
Actual Real Estate Taxes $ 340.74 (yr) Loan charges to be paid by seller 5 N/A Other sales concessions N/A
LEntler /Ciietd Collier County GovlGrowlh Manaoament Dr, Address 2885 South Horseshoe Drive N.211, FL 34104
Dccupam vacant Appraiser Harry Henderson SRA Instructions to Appraiser Estimate Market Value Parent TrecVPartial Take
Folly #40745840008 Subject tract is unim roved
LOcaaon _ Urban Suburban _: Rural G
Good Avg. Fair Poor
(')From vacant To single -family P
Protection from Detriments l Conditions ❑ IZ L] ❑
Comments including chase factors, favorable or untavOrablE, aflectiw marketability (e. g. public parks, schools, view, w
wise) See attached addered.
Oimensiens 75 x 680 - 1.17 Sq. R. or Acres ,� Corner Lo
Zoning classification Estates (2.25 acre cpnform'no lot s re m 1 Resent lmpMremMS ®d0 _& do not contorm to zoning repulatian5
Highest am best use -3 Present use Otter sRedly) Eventual single - family development. Subject Wt is a Tarr- cordormem lot of rewrd.
Public Order (Describe) OFF SITE IMPROVEMENTS [Tape Level
Ekc. Sliest Access ❑ Public ❑ Prints Sae Compatible with area
Gas Surface Macadam Shape Recta hoar
Wain Maintenance �X Public r' Private View Neighborhood
San. Sewer ❑ Storm Sewn l` —I Cnb/GUIW Drainage arts to be acre uafe
❑ Underground Elect B Te, 1 Sidereal k Sood A. lBl PMpany IDCA*d his Fang MngByd Specyl Flood Nand Am? 'ZNo ❑aN
Comments flavmable or unfaverave indudbg any appal adverse easemems,encmaMmat6, o other adverse cundarom) Zone D, Comm #120067CO250G old 11/17/05
No adverse contlitions observed- Typical madwa and /or parameter utility easement exist on the "a these ere common in the area end do
not im alit value.
The undersigned has roc and me recem Sales ce prepeNes most analar end Vorde are to stowicn and has comidered these In the market analysis. Tfe dncnpUon inclu Es a da r
adjustment sleeting manor action le India Items a significant volatile between the soNea and cork", p'epem5, q a npd6cam dam In the cum aided, panel Is supelR
t0 Or man IaveraNe thin the sued, properly, o mires I -) adjustment N made 1M15 resouWig Me Modest value be subject', II a shruicard been In to compatible 6 laelof to W as
favorable than the subject property, a plus I +) adjustment Is made Ups increasing idle Indicated value of the s rblect.
ITEM SUBJECT PROPERTY C
COMPARABLE NO. 1 M
MPARABLE N .2 C
COMP LE N 3
Address N/S Golden Gate Blvd 4
4270 22nd Avenue NE N
N/S 58th Avenue NE 3
3421 56th Avenue NE
Proxima to Subea -
-^^-.^ ti�il` r :w 0
0.49 miles N 1
1.94 miles W 1
1.82 miles SW
$ales Rice N
N/A ^
^t -- 8,333 /ac f
f4dIF❑ ! - 7143/ac ^
^+--,_ 10852 /ac
Date of Sale an0 D
DESCRIPTION D
DESCRIPTION +- Ad un. D
DF.SCP11 ION +- A4ust D
DESCRIPTION +- au Io,
N/A 3
3/10 3
3/10 3
3/10
Lot"'00 G
GGE S
Similar S
Similar S
Similar
rte iew 1
1.17 acres 1
1.14 acres in $lac 2
2.73 acres a
acres In $ /ac
on, E
Estates E
Estates E
Estates E
Estates
Sales or Financing N
N/A C
Cash or Equiv. C
Cash or E uiv.
Cash or Equiv.
Net Ad. oral I
I +
Indicated Vatoe <
< r - - o
Comments and Conditions of Appraisal: Subject and comps are tl $/ t b P m t tract Land V i 17 acres x
$8 500 /acre - $9,945
See attached Llmhln Conditions
Fetal Reconciliahon'. Takm arcel:.05 aces z $8 500 $$425 No sole ha rovaments no dame es.
Total Compensation: E425
r senskare rxe rsaser vnue, ss sensep, out eueaspr raorawrr si or May 28 2010 to be $ 425
Ham Henderson SPA r- --
- _ � Did
J Did Not Physically Inspect Property
A raisers RBwaNA mlSEr dalcabe
fY2p
Collier County Government
Form LND — ^WinIDTAC appraisal software by a la matle, Inc — 1 -BOG ALAMODE
Agenda Item No. 1
July 27,
e13
Suoolemental Addendum File No. Parcel 489RDUE
Banawer /Cheri Owner Showafter
Pro Atltlress N/5 Golden Gale Blvd
CRY Naples courry Collier State FL li Cade 34120
Lender Collier Country Gov/Gmwth Management Div.
• Land - Neighborhood Market Factors
The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate
Boulevard. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type single-family hormaltas
(1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive into greater Naples to the
west. Maintenance levels in the area are generally average.
• Land : Market Data
The subject and comps are compared on a unit/prim ($ /acre) basis. This method eliminates the need for direct sin
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 owners every benefit of the doubt.
The indicated unit prices range from $7,143 1acre to $10,852 /acre; given the comparison criteria discussed, a unit price of
$8,500 /acre is selected as reasonable for the underlying unillprice value for the parent tract lands.
Parcel 489RDUE
The subject parcel is a 29 ft -wide ROW strip located on the south side of the parent tract along Golden Gate Boulevard. The
size of the taking parcel is 2,175 at or .05 acres. At the appraised unit/price of $8,500 1acre the subject parcel has a direct land
value of $425. No site improvements or damages are associated with this taking parcel. The subject parent tract is
unimproved.
The Total Appraised Compensation associated with the taking of parcel 489RDUE Is estimated to be:
Li
Form TADO — WnTDTAL- appraisal sullware 0y a Is mode, inc. —1- 800- AtAMODE
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Agenda Item No, J24
July 2710 e 14 16
DEFINITION OF MARKET VALUE: The most probable once wheat, a property should bring in a competitive and open market under all conditions
requisite to a lair sale, the buyer and seller, each aping prong iy, knowledgeably and assuming the price is rot affected by urque stimulus. Implicit in this
definition is the consummation of a sale as of a slashed date and the passing of title from seller to buyer under condbtionn whereby'. (1) harlot and antler are
typically motivated: (2) Will parties are well informed or well advised, aM each sating in what he considers his own best immesh, (3) a reasonable blue is clewed
for exposure in the open market: (4) payment is made in terms of cash in U.S. dolars or in terms of financial arrangements comparable Ireland', and (5) the pace
represents the normal consideratldn nor (be property sold unatlecfei by special or creative thousand or sales Ce1cesNons' granted by anyone associated with
the sale.
Adjustments to the compambes must be made tar special or creative financing or sales concessions. No adjustments are necessary
for those cost which are planar paid by sellers as a result of tradition or law in a marke area these cosh are triply tderRifiable
since the seller pays these costs in Vfripay all saes hapactsns. Special or creative Thai adjustments can be made to the
comparable property by comparisons to financing terms offered by a third parry instrational fonder that is not already involved in the
properly or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cat of the imposing or Concession
but the dollar amount of any adjustment should approximate the market's reaction to are hipping or concessions based on the
appraiser's pogement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's soundatlof that appears in the appraisal repan is subject to has joining
condNons'.
I . The appraise will not be Imputable for matters N a legal nature that affect either the property bang appraised or the thre to d. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions shoot the tae. The properly is appraised on Ue basis of it being under Pascal
ownership.
2. The appraiser has provided a sketch in the appraisal repan to show approximate dimensions of the lmpravemems and the sketch is included only to assist
Ire reader at the report in vlsuall IN Properly and understanding the appraiser's determination of ds size.
3. The appraiser has examined the avaiable food maps that are provided by the Federal Emergency Management Agency for other data sources) and has noted
in the appraisal report whether the subject site is boated in an handled Special Flood Hazard Area Because the appraiser is nth a aeveyar, he or she makes
no guarantees, express or impiied, regarding and determination.
4. The appraiser will not give testimony or appear in coup because he or she made an appraisal of the property in question, ahead stations arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at it highest and best use and the impmvemens at (hair conhibotory value. These
separate valuations of the land and improvements most not be used in cbryurrtion with any are appraisal and are real H dry am so used.
6. The appraiser has noted in the appraisal report any adverse sanctions (such as receded repairs, appreciation. the presence of hazardous wastes, toxic
substances, etc) observed during the inspection of the subject property or that he or she became aware of owing the normal research immured in performing
the appraisal. Unless chimeras slated in to appraisal report appraiser has no knowledge at any hidden or cheaper aafgNOns of the property or
adverse emironm meal conditions (including the presence of hazardous wastes, toxic substances, Inc.) Mat would make the property more or less valuable, antl
has assumed that there are no such cordibons and makes no guammess or warranties, express or implied, regarding the canddion of the property. The
appraiser will not be madoeibe for any such conditions that do east or for any engineering or testing that might be required to discover wMlher such
cmgitions exist. Because the appraiser is not an expert in the field of mrinormemai hazards, the appraisal repon must mE be considered as an
environmental assessment m the property.
7. The appraiser allied the information. estimates, and opinions Nat were expressed in the appraisal mind Irom sources that he or she considers to be
reliable and resole; them to be true aria correct. The appraiser does not assume responsibility for the accuracy of such items that were Wmisread by odor
panes.
8. The appraiser will not disclose the contents of the appraisal report except as prbvieed for In the Uniform Standards of Professional Appraisal Practice.
9. The appraiser nos based his or her appraisal amid and valuation conclusion for an appraisal that is subject to 5atlsfadory completion, repairs, or
alterations on the assumption that campletlon of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide ms or er poor wror consent before the leoden /diem specified in the promised report Can distribute the appraisal report
(including conclusions apple the property call the appraiser's Itlem ty and professional designations, and relefeees N any prolesslopl appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and sessions; the mortgage
insurer', consunams, professional appraisal organizations; arty date or fall approved financial instiMion: or any department agency, or instrumematity
of the United States or any state or the Dishim N Columbia', except that the 1¢odenchuem may premium oe property description sechan Of the report only to data
collection or repamng sewice(s) viohom having to obtain the appraiser's prior written cppem. The appraiser's written consent and approval must also
be obtained before me appraisal can be conveyed by anyone to Net publtc through adveruslim PUNIC relations, news, sales, or otter media.
Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 10043 6.93
Collier County Government
Form AC3 — "WInIDTAL• appraisal software by a Is mode, ins. — 1- 800- ALAM00E
Agenda Item No. 16?
July 27, 2
IMdn Fee No Parcel 489RDDE Pabeai a 15 0
APPRAISER'S CERTIFICATION: The Appraisercedifl% and agrees that
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
lot consideration in ON sales comparison Stages and have made a dollar adjustment when ammil ate to talked the market reaction to those dams of significant
vanabon. If a significant Rem in a constable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales pace of the comparable and d a significant rem in a cornparapk property is hnenor to, or less favorable than the subject property, I have made
a passive adjustment to increase the adlosted sales price of the comparable.
2. 1 have taken into eonsideraBOn the letters that nave an impact on value In my devNoproem of the numate Of market value in the appraisal report. I have not
knowingly withheld any Signi IMOMMISOn from the appraisal report and I boat to the best of my khOwodge, that all stalemaldS and information In tie
appraisal report are true and correct.
1 1 stand in the appraisal repel only my own personal, unbiased, and professional aroll opinions, and conclusions, which are subject only to the coningent
and limiting condtions specified in this form.
4. 1 nave no present or prospective interest in the property mat is the subject to this repel, and I have no present or prospective personal interest or bass with
respect to the participants in the transaction. I did not base, either partially or complefely, my analysis and/of the estimate of market value in the appraisal report
on the rate, color religion, sex, handicap, familial status, or dropped origin of all l the prospective Owners or occupants of the subject property or of the present
owners or tccupants of the properties in the vicinity of IN subject property.
5. 1 nave no present or contemplated future interest in the subject property, and farther my current or furore employment nor my compensation for performing this
appraisal is canengent on the appraised value of the property.
6. 1 was not required to report a Predetermined wake or direction in value that lavers the cause of the event or any related parry, the amount Of the value estmak,
the allainurd at a speed,, Star, or ON Occurrence of a Subsequent went In order to receive my commn5aiion andfor employment tar performing ON appraisal. I
did not base the appraisal report on a requested minimum valuation, a spathe valuation, or the need to approve a spectic mortgage loan.
7. 1 performed this appraisal in conformity with the Uniform Standards of professional Appraisal Practice that were adopted and poste lAakrl by the Appraisal
Standards Board of The Appraisal Foundation and mat were in place as of the elective date of this appraisal, with the exception Of the departure provision of these
Standards, which does not apply. I acknowledge that an estmae Of a reasonable ere lot prposal In to open market is a comdl6on in the def nflum at market value
and the estimate I developed is Occurred with ON marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. 1 have postal inspected the Interior and ega'mr areas of he subject property and the No r of all prompt listed as corpor a6ks in the appraisal report.
I further cemty that I have noted any apparent or known adverse condMOns in the subject prematrent5, an IN subject site, or on ant site wand the Immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse cmlditonS in my arelySiS of the property value to the extent that
I had market evidence to support them. I have also commented about he effect at the adverse condArons on the marketability of the subject property.
9. 1 persotdhly prepared all condul and opinions about the real estate that were set forth to the appraisal report . f I muted an slgnitcant prafesskNl
assistance from any individual or moividuals in the performance of the appraisal or the preparation of to appraisal report , I have named such indivi&nl(s) and
disclosed the specific tasee performed by them in the reconciliation section of the appraisal report . I certty that any individual so marred is qualtied to soon
he as0.5. I have not auhorved anyone to make a change to any dam in the report, Uterne, if an ma emarized change is made to the appraisal region, I win take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she ced8ies and agrees that:
I all supervise the appraiser who prepared the appraisal region, have renewed the appraisal report, agree war the Statements and conclusion of the appraiser,
agree to be bourn by the appraiser's ,educations numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appaisal report.
ADDRESS OF PROPERTY APPRAISED: i Golden G to Blvd Naples, FL 34120
APPRAISER: SUPERVISORY APPRAISER (only It required):
Signature.
Signature.
Name'. Harry Henderson SRA _
Name:
Date Signed: May 28 2010
_ _ Date Signed
State Codification d'. R03475 _
State Can' tion k:
or State License k.
or State Lcense At
State. FL
State: —
Expiration Date of Certification or License :11130110
Expiration Date of Confiscation or License.__..
�J Did ._ -1 Did Not Inspect Property
Freddie Mac Form 439 6 93 Page 2 of 2 Fannie Mae Farm 1004B 6.93
form ACR — 'NinTOTAL' appraisal sOttware by a Is mode, as: —1 600- ALAMODE
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Details
Property Record Aerial
Sketches I Trim Notices
Current Ownership
Parcel No. 1407458 40006 Property Address 4265 GOLDEN GATE BLVD E
Agenda 1[e;rPhhe1l56F1
July�7, 2090
Page 16 of 16
GOLDEN GATE EST UNIT 7
75FT OF E 150FT OF TR 72
4 �� 49 �� 28 1
Sub No. 349900 GOLDEN GATE EST UNIT 78
Use Code �� VACANT RESIDENTIAL
2009 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value ClIT29,250.00
Improved Value
SOH
Homestead and other Exempt Value
(_) Taxable Value
(_) School Taxable Value (Used for School Tax,
SOH = "Save Our Homes" exempt value due to cap on
increases.
80 11 6.4101
lap No.
172 34D04
Total School
11.6491 Ti
Latest Sales History
Date JI Book -Page
5-11-9 99 2596 - 677
The Information is Updated Weekly.
#'Le�, G:� — ( ..'17
Amount
littp: / /wv w. coIlierappraiser .com/Recoi-dDetail. asp ?Map= &Folic)ID-- 0000040745840006 3/22/2010