Agenda 07/27/2010 Item #16A25Aaenda Item No. 16A25
July 27, 2010
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of-
Way, Drairiage and Utility Easement (Parcel No. 523RDUE) which is required for the
construction of the proposed four - laning improvements to Golden Gate Boulevard from
just west of Wilson Boulevard to just cast of Desoto Boulevard. Project No. 60040 (Fiscal
Impact: $3,640.00).
OBJECTIVE: To obtain the approval of the Board of County Commissioners for the purchase
of a Perpetual Non - Exclusive Road Right -of -Way, Drainage and Utility Easement which is
required for the construction of the proposed four - laning improvements to Golden Gate
Boulevard.
CONSIDERATIONS: Parcel No. 523RDUE (a legal description and sketch of which is
attached to the Easement Agreement) contains 4,985 square feet and is located on the north side
of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. The parent tract
property is owned by Mr. & Mrs. Acevedo. Using the most recent, comparative sales data, the
Division of Transportation's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of
the easement area estimating its current market value at $970.00 (the appraisal is attached and is
based on $8,500.00 per acre). The 2009 assessed value of the needed easement area is $3,290.00
($28,750 per acre).
On June 11, 2010, Growth Management staff mailed a letter to the owners inviting them to call
to discuss the sale of the required easement to the County. The owners responded within a few
days and requested information on current land values and inquired what the County was willing
to pay. Through continued negotiations and after staff provided the owners with information on
current market values and the current 2009 assessed values, the owners have agreed to sell the
required easement to Collier County for the purchase price of $3,290.00 (at the exact current /
2009 assessed value).
Staff is recommending that the Board of Countv Commissioners purchase the required easement
area from Mr. & Mrs. Acevedo for the purchase price of $3,290.00, 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.
g cda item No ISA,25
July 27, 2010
Pagq : 2 of 16
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.
FISCAL IMPACT: The fiscal impact is $3,640.00 and includes the $3,290.00 as the negotiated
price of the easement; plus title search, title insurance and recording fees not to exceed $350.00.
Source of funds will be paid from road impact fees.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney and is legally sufficient for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: Based on the above considerations, Transportation staff is
recommending that the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on
behalf of the Board once a properly executed Agreement has been received from the property
owner and reviewed and approved by the office of the County Attorney;
2. Accept the conveyance of Parcel No. 523RDUE to Collier County and authorize the County
Manager, or his designee, to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager, or his designee, to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Joan M. Smith, SRtWA, Senior Property Acquisition Specialist, Right -of -Way
Acquisition, Growth Management Division, Capital Construction and Maintenance,
Transportation Engineering
Attachments: (1) Easement Agreement with "Exhibit A "; (2) Property Location Map; (3)
Appraisal Report; (4) 2009 Final Tax Roll
Agenda Item No. 16A25
July 27, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A25
Item Summary: Recommendation to approve the purchase of a Perpetual. Non - Exclusive Road Right -of-
Way. Drainage and Utility Easement (Parcel No 523RDUE) which is required for the
construction of the proposed four - laning improvements to Golden Gate Boulevard from just
west of Wilson Boulevard to just east of DeSOtO Boulevard. Project No. 60040 (Fiscal Impact:
$3,640).
Meeting Date: 7/27/2010 9:00:00 AM
Prepared By
Joan Smith
Property Acquisition Specialist, Senior
Date
Transportation Engineering &
71212010 1:48:13 PM
Transportation Division
Construction Management
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
71212010 3:59 PM
Approved By
Jeff Klatzkow
County Attorney
Date
...
71912010 2:54 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
Transportation Engineering &
7112.'2010 9'47 AM
Transportation Division
Construction Management
Approved By
Gary PntaanSUn
Project Manager, Principal
Date
Transportation Engineering &
7112;2010 1:10 PM
Transportation Divislon
Construction Management
Approved By
Lisa Taylor
ManagementiBuoget Analyst
Date
Transportation Division
Transportation Administration
7f1212010 1:11 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Dace
?ra.n.sportation Engloeenng &
_
`. "212010 5:23 PR4
Transportaton Division
Construction Management
Approved By
-- ISorm E. Feder. AICP
Administrafnr- Transportation
Date
Transportation Division
Transportation Administration
7/13/2010 1:21 PM
Approved By
Natali Betancur
Transportation Division
Administrative Assistant
Transportation Road Maintenance
Agenda Item No. 16A25
July 27, 2010
Page 4 of 16
Date
7114!2010 9:06 AM
Approved By
OMB Coordinator
Date
County Manager's Office.
Office of Management & Budget
7/14/2010 10:13 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7/19/2010 3:15 PM
Approved By
Mark lsackson ManagementiBudget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 7!19/2010 4:07 PM
Agenda Item No. 1GA25
July 27, 2Q10
Page 5 of 16
PROJECT: Golden Gate Blvd. #60040
PARCEL No(s): 523RDUE
FOLIO No(s): 40749600103
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this _ day of 20_, by and between
RAFAEL A. ACEVEDO and JOSEFA V. ACEVEDO, husband and wife, whose mailing
address is 4625 Golden Gate Boulevard East, Naples, Florida 34120 -9026, (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.
1 Owner shall convey the Easement to Purchaser for the sum of:
$3,290.00
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 or funds wire transfer, 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) Road Right -of -Way, Drainage and Utility Easement;
(b) Closing Statement;
Agenda Item No. 16F�25
Page 2 July 27, 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 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 Easement 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 parry 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
Agenda Item No. 16A25
Page 3 Page 7 of 16
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
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
Agenda Item No. 16A25
July 27, 2010
Page 4 Page 8 of 16
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing.
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 266, Florida Statutes, under oath, subject to the penahies prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement hell 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:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
FRED W. COYLE, Chairman
AS TO OWNER: / T�
DATED:
to s (Signature)
Name (Print or ype)
ltness (Signature
NE (N n yp RYyTq
Name (Print or Type)
t (Signature)
GO Ps� Y CAA J-��/
Name (Print or Type)
/Witness (Signature)
B NA��Ti C41y741,E
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised. 6 /18/10
e ,I
iRg AELA.ACEVEDO
JO FA V. ACEVEDO
Hy��,, a 6A25
July 27, 2010
PPge 9 of 16
Page 5
TRACT 118
WEST LINE C
TRACT 119
N
T
ACEVEDO
OR 3623/935
WEST 165' OF
TRACT I19
CANTAVE
OR 3590/3607
TRACT 119
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
I� EAST LINE OF
WEST OF
TRACT T 119
)SED ROADWAY EASEMENT
PARCEL 523 ROUE
4,995 $0 FT
NORTH LINE OF
— SOUTH 50 OF
TRACT 119
GOLDEN GATE BOULEVARD (CR 876)
1
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE;
P7TI EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
L!L.d USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
>m No. 16A25
July 7, 2010
Page F 0 of 16
N
W E
S
TRACT 144
330 +00
LE
LINE
NG
LENGTH
LI
NOG 28'27'W
50.00'
L2
27'W
34.00'
L3
HY'
ft
40.00'
_ L4
31 "E
5.00'
L5
10 "E
125.00'
'�6
2 "E
29.00'
L7
10"W
165.00'
LEGAL DESCRIPTION FOR PARCEL 523 RDUE
A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 119;
THENCE N.00'28'27'W., ALONG THE WEST LINE OF SAID TRACT 119, FOR 50.00 FEET TO A POINT ON THE NORTH
LINF OF THE SOUTH 50 FEET OF SAID TRACT 119 AND THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL,
THENCE CONTINUE N.00'28'27'W., ALONG SAID WEST LINE, FOR 34.00 FEET,
THENCE N.89'31'10 "E., FOR 40.00 FEET;
THENCE S.00'28-31"E . FOR 5.00 FEET,
THENCE N.89'31'10 E., FOR 125.00 FEET TO A POINT ON THE EAST LINE OF THE WEST 165 FEET OF SAID TRACT
119;
THENCE S.0028'32 °E, ALONG SAID EAST LINE, FOR 29.00 FEET TO A POINT ON SAID NORTH LINE:
THENCE S.89'31'1U'W., ALONG, SAID NORTH LINE, FOR 165.00 FEET 10 POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 4,985 SQUARE FEET, MORE OR LESS. TECM - ROW
o eo FS 0 1 2010
0 ea
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY scut: r —aa'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS vor nu
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 523 RDUE
COLLIER COUNTY, FLORIDA
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Details
Agenda Itei -PdoT 1412$
A17 37, '2010
Page 12 of 16
523
i Property Record
Aenal Sketches
P_ Trim Notices
Current Ownership
Parcel No. 140749600103 1 Property Address 4625 GOLDEN GATE BLVD E
Owner Name ACEVEDO, RAFAEL A= &JOSEFA V
Addresses 4625 GOLDEN GATE BLVD E
City NAPLES State FL Zip 4120 - 90266
e Legal
GOLDEN GATE EST UNIT 78
W 165FT OF TRACT 119
I Section Township Range Z Acres Map No. Strap No.
® 49 28
2.58 4004 34990011914D04
Sub No.
349900 GOLDEN GATE EST UNIT 78
`; ", Millaoe Area
r°.r°Millage
To[al
School
'4i Use Code
SINGLE FAMILY RESIDENTIAL
80
6.4101
11.6491
5.239
"See Instructions for Calculations
2009 Final Tax Roll Latest Sales History
(Subject to Change)
If all Values shown below equal 0 this
i parcel was created after the Final Tax Roll
Land Value
11 $ 74,175.00
Date ! — Book - Page —? Amount
( +) Improved Value
.0o
06 / 2005 3823-935 J $ 293,000.00
( =) Just Value
$ 291,784.00
07 / 2004 1 3609-2988 $ 67,500.00
( -) SOH Exempt Value &Other Exemptions
$ 0.00
01 / 2003 3209 - 1476 $ 45,000.00
.
(_) Assessed Value E$:2:911,,78400
( -) Homestead and other Exempt Value $ 50,000.00
(_) Taxable Value $ 241,784.00
(_) School Taxable Value (Used for School Taxes) $ 266,784.00
SOH = "Save Our Homes" exempt value due to rap on assessment
increases.
J
CM= ZX1*K
The Information is Updated Weekly.
http:// www. collicrappraiser. com /i:-cordDetai[.asp2Map= &FolioID- 0000040749600103 6/7/2010
Agenda Item No. 16A25
Main File No. Parcel 523RDUEI Pau-ii 27, 2010
LARD APPRAISAL REPORT GGE, Page 13 of 16
File No. Parcel 523RDUE
Borrower Owner: Acevedo Census Tract 112.02 Map Reference S4- 1`49-R28
Property Address 4625 Golden Gate Blvd E.
City Naples County Collier State FL 5p Cade 34120
Legal Description Golden Gate Estates Unit 78 W 165tt of Tract 119
Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised X Fee 7 LBaedhold (J De Minims PLAD
Actual Real Estate Texas $ 2,815.56 Or) Loan charges to be paid by seller $ N/A Other sales concessimo N/A
Lender/Chem Collier County Gov/Transocrtation Olvision Address 2885 South Horseshoe Drive Naples FL 34104
Occupant owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Market Value Parent TracUPartial Take
Folb #40749600103 subject is im roved with a sin le -farm home'veluelion of land and affected im rovements only.
Location LJ Urhan Suburban Rare
Avg. Fair Poor
Built Up ❑Over 75% ®25 %to 75% ❑Untler 25%
Employment Stabiltly [ ❑ �'
Growth Rate ❑ Fully Day. ❑ Rapid ❑ Steady QI Slow
Convenience to Employment !� 9 ',_j ❑
Property Values Increasing ❑ Stable Declining
Convenience to Shopping ❑ z ❑ ❑
DemanNSupply ] Shortage ❑ In Balance 'Z Oversupply
Convenience to Schools ❑ z ❑ ❑
Marketlng Tore ] Untler 3 Mas. ❑ 4.6 Mas. iZ Over 6 Mod.
Adequacy of Public Transportation ❑ ® ❑ ❑
Present Land Use 55 %1 Family _ %2 -4 Family _ %ANTS. _ %Cando_ %Commercial
Recreational Facilities ❑ ® ❑ ❑
%Industrial 45 %Vacant %
Adequacy of Utilities ❑ ® ❑ ❑
_
Change in Present Land U90 0 Not Likely ® UWk (`) ❑ Taking Place (q
Property CompalibiEry [ ® ❑
I')Fred vacant To single- family
Protection from Dotdm lCandmorn L,' ® ❑ ❑
Predomnam Occupancy ® Owner ❑ Tenant %Vacant
Peace and Fire Protection I,'_ z ❑ ❑
Single Family Price Range $ 60,000 to $ 210.000 Predomeanl Value E 115.000
Gernral Appearance of Properties x _! ❑
Single Family Age 1 yre. to 25 pre. Predurnmard Age 10 yr L
Appeal to Market ❑ z ❑ ❑
noise): See attached addenda.
Commends including those factors, favorable or unfavorable, afeNng marketability N g. public parks, schools, view,
Dimensions 155 x 680 = 2.58 Sp. Ft. or Acres CDrrer Lot
Zoning classification Estates (2.25 acre conforming lot sae min./ Presdn Improvements ® do ❑ do nun cordon to rating regulations
Hil l and beat use ® Present use I Older a ecl
Pi OtlMr (Describe) OF SITE IMPROVEMENTS ITop i Level
Elec. ® Street Access ® Public ❑ Private !Sire Com atible with area
Gas ❑ Surface Macadam .Shape Rectan ular
Water ❑ Maimenanu X Public ❑ Private'Vim Neighbomood
San. Sewer ❑ Sfarm Sewer 'u CurblGuaer Draiage ears to be adec uate
❑ Underground Elect. S Tel. �r Sidewalk StreetLhts tithe property mindn E HUD kMMMied Special Flood Haved Am7 ®NU❑ye6
commentsdawarable or unfavorable including any apparent adverseeasements,"amacnmemss, or older adverse conditions)'. ZoneD Comm #120G67CC)250i did 11 /17/05
No adverse conditions observed. T ical roenlva antl /or arameter Jul; easements east on the site' these are common in the area antl do
rot im ct value.
The undersipered has record three .1 sales at properties moo similar and Pinar ake n snii antl has consieverd area, in the market analysis. The descriacn includes a dollar
adlOblmMt ret,curn market reankd to those dams 0 slgn111Cdn varabod Nova n Ole napeet and command s prudede5. 11 a npnAlCMt Item In Ile celnpmdble rapidly is superiIX
Id or more favorable than the sutract underly. a m ins (') adjusment Is made thus reducing de Indicated veto N supwi l: O a significant Item In ale tamparable 15 IddrIOT 1p or less
fayamble than the suldiett Popery. a plus ( +) adjustment IS made thus Increasing ffe nli value of the Su ne d.
ITEM SUBJECT PROPERTY
COMPARABLE N0. 1
COMPARABLE NO 2
COMPARABLE NO.3
Address 4625 Golden Gate Bbd E.
_
4270 22nd Avenue NE
N/S 58th Avenue NE
3421 56th Avenue NE
Ne les FL 34120
Ne lea FL M120
Na les FL 34120
Na lea FL 34120
Pm m to ub' t
,,yp,I ?'r=l' !h'S:iS'
0 49 miles N
1.94 miles W
1.82 miles SW
$aka Pnca
N /A"
ard3 L„: -'
8,333/ac
:- 4: %iAg„::1. 7143/ac
10.8521ac
Pri a GroSd
" V'
9 500
" "T.. 19 500
"'I .
28 000
Data Source
MLS#210000931
MLS#209030557
MLS#209018236
Oak of Sale antl
DESCRIPTION
DESCRIPTION +- Adjust
DESCRIPTION +- Adust
DESCRIPTION +- $Adjust.
Time Adjustment
N/A
3/10
3/10
3/10
Location
GGE
_ _ _
Similar
_
Similar
Similar
Sit em
2.58 acres
1.14 acres in ac
2.73 acres in ac
2.58 acres in $lac
To a h
Level/natual
Level /natural
Levet /natura,
Level /natural
Zorn
Estates
Estates
Estates
Estates
Sales or Fainting
N/A
Cash or Equiv.
Cash or Equiv.
Cash or Equiv.
Concessions
Nel Atl'. ota
+ rl -
E
r- +
Micakd value
of Subled
"C z [!5"r n t N,._�,
^': +h .,._ +
a' �.. ,
�.. '
$ 8.333
�+,., -
E 7 143
_ „=
10.852
Comments on Markel Data: See attached addenda.
Comments and CordNons of Appraisal Subject and comps are compared on a S /acre unit once basis. Parent fact Land Value: 2.58 acres x
$8 500 /acre = $22 000 rounoetl
See aftachetl Limni Condittions.
Final Reconciliation Takin emal .114 acres x $8,500 = $970 rounded No site lm rovements no tlama es.
Total Com nlsation: 970
1 ES 1 ATE ME MAMIUT VALUi ee aEFIRED, dE SUBJECT PRUPERR As ei May 28 2010 to be $ 970
HenI HHend rson, SRA ❑ Ditl ,: Did NN Physitalty lnapeot ROcerh
A raisers Review Appraiser g a licable
IY2k)
Collier County Govemrrent
Farm LND — 'WinTOTAL' appraisal sothvare by a la made, inc. — f- BOOALAMODE
Agenda Item No. 16A25
27, 2010
Page 14 of 16
Snnnlemnn11a1 Addendum Fls Nn. parcel s23goue
Bortoweq j"'i Owner Acevedo
Pro Address 4625 Golden Gate Blvd E.
Ci Na las Cou Collier Stela FL Zip Code 34120
Calder Collier Court GovRrerls onation Divisron
• r and N 'ohborhood Market Factors
The subject is Wrsted 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 homesites
(1.14 to 5 acres typically) in a semi -rural setting. Essential services ere 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 an a uniVprice ($ /acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lends 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 died 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 $7,1431acre to $10,852/acre; given the comparison Omens discussed, a unit price of
$8,500 1acre is selected as reasonable for the underlying unit/price value for the parent tract lands.
Parcel 523RDUE
The subject parcel is a 30 ft -wide ROW strip located on the north side of the parent tract along Golden Gate Boulevard. The
size of the taking parcel is 4,985 sf or .114 acres. At the appraised unit /price of $8,500 /acre the subject parcel has a direct land
value of $970 (rounded). No site improvements or damages are associated with this taking parcel.
The Total Appraised Compensation associated with the taking of parcel 523ROUE is estimated to be:
$970 (rounded)
Forth TAOD — VinTOTAL' appraisal software by a Is made. inc. —1 -80D ALM10DE
Agenda Item No. 16A25
li File No na,15231101i Pai 27, 2010
Page 15 of 16
DEFINITION OF MARKET VALUE: The most probable once which a property should bring in a coapmaw and open market under all compums
requisite to a fair sale, the buyer and seller, each acting prudarNy, knovdeogedely and assuming the price is not affected by undue stimulus. Imal in in$
delimal is the consurrmaton of a sale as of a speceied date and the passing of the tram seller to buyer under coreitlors whereby; (1) buyer are sager art
t rocanp motivated; (2) both parties are wen informed or wen advised, and each arcing in what he corsiers his awn but interest; (3) a nesueble time is allowed
for eiminne In the open mare; (4) payment is made in terms of cash in U.S. dollars or in terms at financial arrangements comparable merM; and (5) the price
represents the normal consideration tar the propel sold unaffected by special or creative financing or sales concessions' gaited by spryona associated with
to sale .
'Adjustments to to compaables most be made for special or creatve financing or sales concessions. No adjustments are necessary
for those casts which are wmaM paid by sellers as a resut of tradition or law in a market area; that costs are readily identifiable
since he sailer pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable propel by compansore to financing terms offered by a third party inshb tional lander that is not already involved In the
property or transaction. Any adjustment should rot be calculated on a mechanical dollar for dollar cost of the financing or concession
but the duper amount of any simulation should approoma@ the market's reaction to the financing or concessions based an to
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appaisei certhcation that appears in the appraisal report is subject to Be following
conditions:
1. The appraiser win rat be responsible for matters N a legal nature that affect either the propel being appraised or the title to 1. The appraiser assumes that
N tyre is good and marketable and, therefom, win not resider arty opinions about the the. The propel is appraised on the basis of l bang under responsible
ownership.
2. The appraiser has provided a sketch in tea appraisal report to show appromatte dirronsions of he inducements and the sketch is included day to assist
the reader of the report in visuanzirg the property and understanding the appraiser's determination of its sire.
3. The appraiser has examined the available flood craps that are provided by the Federal Emergency Managamem Agency (or other dare sources) and has now
in the appraisal report whether the subject site is located in an !demurred Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guaaraees, express a implied, regarding the determination.
4. The appraiser will not give Miami or appear in Court because he or she made an appralsal of the propel in question, unless spectic arrangements to do
so have been made beforehand,
5. The appraiser has eebrnated the value of the Land in the cost approach at is highest and best use and the impraanems at heir cgntribNory value. These
separate valuations of the land and enprovemens most not be used in conjunction with arty oher appraisal and are invalid it they are so used.
6. The appraiser to noted in the appraisal report any adverse conditions such as needed repairs, depreciation, Be presence of hazardous wastes, topic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research invoked in performing
the appraisal. hill otherwise sated in the appraisal regain, the appraiser has no knowledge of any hidden or armament conditions of the propel or
adverse environmental cnMitons (including he presence of hazardous wastes, toxic substances, etc.) that woup make the propel more or less valuable , and
has assumed that them are m such corptiors and makes no guarantees or warranties, dress or implied, regarding the condition of the property . The
appraiser wig rot be responsible for any such conditions that do most or for any engineering or testing that might be required to discover whether such
conditions most. Because the appraiser is rot an begun in the field of environmental hazards, the appraisal repel most ncl be contained as an
eaeronmenlal assessment of the property.
7. The appraier obtained the irnornal estimates, and ofirars that were examssed in the appraisal report from sources that he a she considers to be
arable and believes then to be true and correct. The appraiser does not assume responsibility fa the accuracy of such hems that were tumeshad by other
Came.
B. The appraiser will rim disease the comems 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 vabalion conclusion for an appraisal =1 is subject to satisfactory completion, repairs, or
alaralions on the assumption that corrosion of tw improvements will be performed in a workmanlike manner.
li The appraiser must preside his or her prior wdtlen consent have fie ender /client speared in the appraisal report can channels the appraisal report
(including conclusions about he property value, the appraisers identry, and professional desummons, and references to any professional appraisal
organizations or the firm wM which the appraiser is associated) to anyone other than he bonower, the mortgagee or is successors and assign; the mortgage
insurer, consonants; mfeeioal appraisal unim zauom; any stay or federally approved financial resolution; or any department, agency, or monumentality
at the Naffed States or any slate or the Uisrnct of Columbia; except that the lever /cfeat may distribute the propel description section of the mode may to data
Connection on reporting eNucare) Without having to obtain Ile appraiser's poor Whtlen consent. The appraiser's wrilen core&. and approval must arm
be obtained before the appraisal can be comemed by anyone to the public through aaernarg, pubic relations, "S, sales, a other media.
Freddie Mac Form 439 6.93 Page 1 of 2 Fannie Mae Form 10048 6 93
Cali County Government
Form ACR — MenTOTAL' appraisal software by a Is mode, Inc. —I -89D ALAMOR
Aaenda Item No. 16A25
Rain—File No Parcel 523RDUEt PREMA, 27 2010
Page 16 of 16
APPRAISER'S CERTIFICATION: IN Appraiser 0111185 and agrees that
1. 1 have researched IN subject market area and lave selected a rommum of three recent sales of properties most similar aid proximate to IN attract property
for consideration in the sales comparison analysis and have made a dollar adjustrnall when appropriate to reflect the market madlan to those am of significant
varia dr. I a significant mar in a compambe property is superior to. or more favorabe 1nan, the subject propsnS'. I have made a negasve aighlertyd to reduce
the adjusted saes once of the comparable and if a significant item in a comparable properly is interior tut, or less favorable than the subject property I have made
a pushed adjustment to increase the adjusted sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of marked value in the appraisal report I have mad
knowingly withheld any s orthand information from the appraisal repon and I believe, to the best of my knowledge, brat all statements and importation in 1/y
appraisal report are love and correct.
3. 1 stated in the appraisal report only my own personal, unbiased and professional analysis, opinions, and conclusions, worth are subject only to the Contrition
and limited conditions specified in this farm.
4. 1 have no present or prospective Interest in the properly that is the subject to this report, and I have no present or prospectus personal interest or bias with
respect to the paticipants in the transaction. I did not base, ether partially or completely, my anaysis and/or the estimate of market value in the appraisal report
on the race, door, religion, sex, handicap, famiYal 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. 1 have no present cc contemplated fo re imeeat in the subject propeM, and Neer my purism or tueue empoymem nor my compensation for performing this
appraisal is conorgam on the appraised value of the property.
6. 1 was not not ired to repon a predetermined value or direction in value Uat favors the cause of the client or any related parry. the amount of the value seemed,
IV atla or,ol of a specific result, or the occurroji Of a subsequent event in Order to receive my compensation and/or employment for performing DR appraisal, I
did not base IM appraisal Ryon on a requested minimum valuation. a socclkC valuation, or ON reed to approve a specific mortgage loan.
7. 1 perfumed the appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that was adopted and promulgated by me Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective data of this appraisal, with the exceplean of the departure provision of those
Standards, which does not apply . I acknowledge IN an estimate or a reasonable on for exposure in the open market is a condition in the defindtfnn of market value
and the estmene I developed is consistent with the marketing time noted in IN neighborhood section of this repon, draws t have channels stated in the
reconciliation season.
B. I have personally inspected IN minor and eoenar, areas of the spbpct property ant the eoanor of all properties listed as comparabes in the appraisal report
I junior family that I have noted any angered a' Mown adverse corn mB In IN apbjen IMDR)"froodS, 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 the property value to IN extent that
I had market evidence to support them. I have also commented about the local OF the adverse cond lines on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about IN real estate that wet¢ set north in the appraisal report If I relied on significant professional
assistance tram any individual ar individuals in the performance of the appraisal or the preparation of the appraisal report . I have named such individualist and
disclosed the sal tasks pedomyd by Item in Nut reconciliation section of this appraisal report. I pertly that any in ividuai so named is qualified to penmen
IN tasks. I have not authorized anyone to make a change to any item in the repon; therefore, it an unannounced change is made to the appraisal report I will rake
no responsibility for it,
SUPERVISORY APPRAISER'S CERTIFICATION: II a supervisory appraiser signed the appraisal report nd or she cenmes and agrees that:
I directly supervise the appraiser who prepared the appraisa, . moon, have renewed the appraisal repo, agree with the statements and candusiom of by appraiser,
agree to be bound by the appramer 5 certifications numbered 4 through 7 above . and am taking Will responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 4625 G.iOen Got. Blvd B Nripiri.r Fl 34120
APPRAISER' SUPERVISORY APPRAISER (only If required):
7 r /ii
Signature. --�. —.
.
Signature--
Nzm : i Henderson SRA
___ Name: __ .._
Date Signed. May 28 2010
Date Signed. _
State CeNfication #: RD3475
State Certification #'.
or State license #' __
or Stale License is
State FL
Suits'.
Expiration Date of Certtioafion or License'. 11/30/10
__ Expiration Date of Ce
Did Did Not Inspect Property
Freddie Mac Form 439 6.93 Page 2 of 2 Fannie Mae Fan 10048 6-93
Form ACR — "WinTOTAL' appraisal software by a Is mode, roc — 1-80PALAMODE