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Agenda 07/27/2010 Item #16A29Agenda Item No. 16A29 July 27, 2010 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 319RDUE) 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: 52,000.00. OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a perpetual, non - exclusive 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 319RDUE is a proposed road right -of -way, drainage and utility easement located on the south side of Golden Gate Boulevard (Unit 81, Golden Gate Estates). The parcel comprises 2,925 square feet of an unimproved 1.17 acre tract which is owned by Lisa D. Budd and Virginia A. Powell. Using the most recent, comparative sales data, the Division of Growth Management's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property and has estimated its current market value at $640 (based on $9,500 per acre). Using the current / 2009 assessed valuation of $25,000 per acre, the value of the proposed easement parcel equates to an amount rounded to $1,700. On June 17, 2010, Growth Management staff mailed a letter to Ms. Budd and Ms. Powell inviting them to call to discuss the sale of the required easement to the County. Lisa Budd called on June 23 and inquired as to what the County was willing to pay. After staff provided her with information about current market values and assessed values, she stated that she was willing to sell if the County would compensate her at the current / 2009 assessed value. An Easement Agreement in the amount of $1,700 was prepared by staff and later executed by both owners. Staff is recommending that the Board of County Commissioners purchase the required easement area from the property owners for the purchase price of $1,700, and believes the following are compelling reasons to do so. This is not a distress sale. The property owners can afford to wait for the market to improve. There are no attorney fees and Ms. Budd and Ms. Powell 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 owner's 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 subject property than what the owners are seeking today. In addition, the property is currently unimproved and if the current owners were to sell their land, a new owner may choose to build on it. Agenda Item No, 16A29 July 27, 2010 Page 2 of 16 Finally, it is a common expectation of property owners upon the sale of their property to the govermment, to be paid at least the value upon which they are being 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 151". FISCAL IMPACT: The fiscal impact is the purchase price of $1,700.00 plus recording fees and a title insurance premium not to exceed a total of $300.00. 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 is legally sufficient for Board action. RNZ RECOMMENDATION: Based on the above considerations, Right -of -way Acquisitions 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; 2. Accept the conveyance of Parcel No. 319RDUE 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 tens and conditions of the Agreement; and 5. Approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared by: Rebecca Harding, Property Acquisition Specialist, Growth Management Division, Transportation Engineering Department, Right -of -Way Acquisitions Attachments: (1) Easement Agreement with Exhibit "A "; (2) Location Map; (3) Appraisal Report; (4) 2009 Final Tax Roll Agenda Item No. 16A29 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A29 Item Summary: Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 319RDUE) 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 $2,000. Meeting Date: 7127/2010 9 00 00 AM Prepared By Rebecca Harding Property Acquisition Specialist Date Transportation Engineering & Transportation Division Construction Management 7/1212010 12:36:15 PM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering & Transportation Division Construction Management 7/12/2010 1:16 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 7/1 21201 0 1:55 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 711212010 2:33 PM Approved By Jeff Klatzkow County Attorney Date 7112!2010 2:44 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 7/1212010 5:24 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 711312010 8:11 AM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 7!13.20101:36 PM Approved By Agenda Item No. 16A29 July 27, 2010 Page 4 of 16 Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/13/20101:54 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 711412010 9:29 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7114/2010 10:59 AM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7119/2010 9:38 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management 8, Budget 7/19/2010 10:08 AM Agenda Item No. 16 29 July 27, 2 10 Page 5o 16 PROJECT: GOLDEN GATE BOULEVARD PARCEL NO. 319RDUE FOLIO NO.: 40920760008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 2010, by and between LISA D. BUDD, a single person, and VIRGINIA A. POWELL, a single person, whose mailing address is P.O. Box 2792, Bonita Springs, FL 34133 -2792, (hereinafter collectively 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: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $1,700.00 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. 1 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 Ronda. 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 29 Page 2July 27, 2 10 Page 6 0 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 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 contemp!ated 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. 16A29 Page 3July 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. & 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 Item No. 16A29 Page 4July 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. 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 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: MW ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY Deputy Clerk FRED W. COYLE, Chairman Agenda Item No. 16A29 Page 5)uly 27, 2010 Page 9 of 16 AS TO OWNER: DATED: fitness (Signature) A 19!BUDD r �j �N ee ( y 1(. Witne ss /Y7 ( Signaature) W1111q L4/USPr f Name (Print or Type) ness (Signature) VIRGIN16 A. POWELL or At '=7gAV5er:y- Name (Print or Type) Approved at to form and leg su ci ncy: I Attorney Last Revised GOLDEN GATE BOULEVARD (CR 876) 1e7�p0 I I hp, +Op I99n00 L PROPOSED ROADWAY EASEMENT 1 PARCEL 319 ROUE I � TRACT 8 GOLDEN GATE ESTATES UNIT 81 TRACT 174 PLAT BOOK 5 PAGE 19 I I LAS- 'S' OF TH, WEST 1RO OF TRACI 8 DANNACKER R-'-''0 & POIAELL SAP.CEVTON OR 35°.5;1059 DR '610 %24C3 uR 1316;715 P: i 1 1 Vr O SOCARF FELT aR OFF rnL ercca3s PROPOSED. RV.DWA, DRAINAGE ANU LTII ITV Fn5Fn1 "LNI 1RCUF1 YISIING ROADWAY EA5EM N D_DIC!' C O THE CPGEIUAL OF HE F BLIL' 'FR PLAT BOOK 5 PAGE 19 FOAL DESCRIPTION FOR PARCEL 319 RDUE Agenda Item No 16A29 July 2 2010 - -^0 1e 1 of 16 BIT " /' TRACT 9 A PORTION CF THAL 9 :,C-DEN UAIT '.1 AS 'CORDID IN PLA' DOCK 5 PACE 19 C- 'HI PR: k ECO4 US OF COLLIER COUN11 FL i ^A, LYING -N SECTION 6 -OWNSF ^IP 49 S0,1"I FARCE 7F EAS', JOLLIER CO,.NTY, P_ORIDA. PU 1� h10 =- F .I;iAR,r R "L F -:!_[ )WE THE , ^Ulu 39 FEET JF THE ':GRIN 89 FEET OF HE F,'51 ` FLE1 OF 'HE WEST 18C FECT OF SAID TRACI ? -0N', NIII� IiAJFL FFF', )RE OR _E_ 1ECM -ROW wp.s. Flow antes COLLIER COUNTY. FLORIDA FEB 0 1 2010 IQ II. o� �'i';y SKE'CH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY �^ I^C`1Sip;r IEp DqF, III, a u,acu 126` sc� FOR COLLIER CDONTY GOVERNMENT BOARD O' C(I COMMISSIONERS A URIFIn RECiNl PPPR01s`snTT2■■A1suApmErow rnon110, GATE SKETCH DESCRIPTION OF: PkOPOSF.D ROADWAY EASEMENT SKETCH CONS CNAIH Mgp PARCEL 319 BLUE csm xam.. vux o�.._ane zao wp.s. Flow antes COLLIER COUNTY. FLORIDA Pxa�.- Inelswoazs euyzaei sarong LB W:aY53 _..0 ,..n E_1 F.: mS VN SCCTOrr TOWNSHIP RnrCE 5✓.�[ To-1F OPawN BY UP" IN RLE NAVE SHEET i L RN p' 9F S" I of Agenda Item No. 16A29 July 27, 2010 12 of 16 LAND APPRAISAL REPORT GGB Nn Nn P-1 V1OPnOF form Owner: Budd/POwe11 Cemal Trani 112.02 Map Roterence St -T49 -1127 Property Address 2520 Golden Gate Blvd E. Cry Naples County Collier State Col State FL Lp Code 34120 Legal Descdation Go den Gate Estates Unit 81 E 75( of W 18011 of Treat 8 Sale Price S N/A Date of Sale N/A Lean Term WA yrs. Propasy, RIpMs Appraised Fee D Leasehold El De Minims PU Achill Heal Estate Tares 5 340.75 (),r) Loan charges to be pail by Seger $ N/A Oft sales wmeaslora N/A Lender/Client Collier County Gov /Groom Marta dement Div. Address 2885 South Horseshoe Delve Naples FL 34104 Occupant vacant "SEE Harry Henderson, SRA Imincuans to ApprounnEstimeta Merkel Valise Parent TracVPaNeI Take Foko #40920760ODB IS ub ec scan tract Is unim roveEd Location Urban Suburban Rural Good Avg. Fair Poor BWtt Up ❑ Over 75% JZ 25 %t0 75% El Under 25% Employment Stability ❑ ❑ ® ❑ Daiwa Rah [j Fully OFF ❑ Raped ❑ Steady M Slaw Camervence to Employment ❑ ® ❑ ❑ Property Vakeds ❑ Increasing ❑ Stable ® Declining Comederce to Shopping ❑ ® ❑ ❑ Dmark/Suppy ❑Shortage ❑In Balance ZOversupply Convenience to Schools ❑ ® ❑ ❑ Marketing Time ❑ Under 3 Mos. ❑ 4.6 Mors, Z Over 6 May Adequacy of Public Transportation ❑ ® ❑ ❑ Presets Land Use 55 %1 Ferry _% 24 Family _ % Rate , _ % Condo _ %Commercial Recrealsorel Without ❑ ®❑ ❑ %Indusbhl 45% Vacant Adequacy of WRles ❑ IR ❑ 1-1 _% Change h Present land Use gins Likely IN Likely I -) ❑ TaMng Platt (') Properly COmpadbNXy, ❑ ® ❑ ❑ (') From vacant TO ahwle -family Protection from DMmmal Conditions ❑ ® ❑ ❑ POpOmlOam Occupancy ® Dow ❑ Tenart — % Vacant Single Family Pau flange S 60,000 W$ 210.000 Predominard Value S 115.000 Police and Fire P m bon ❑ General Appearance at Properoes Cl ® ❑ ® ❑ ❑ ❑ Single Family Ape 1 yrs. to 25 yrs. PredorNmm Ape 10 yM. I Appeal to Markel ❑ ® ❑ ❑ n umcf See attached addenda. Camara lacadkg those factors , h casib a or udavorable, affecting marketalft (e.g, public parks, schools, vow, Dimensional 75 .680 = 1.17 Sq. FL m Acne L Comer Lot Zoning dassificatlon Estates (2.25 ace conforming lot sirs min.) Presets Improvemanls ❑N do W do not cordon to aolkllp repdadons HI�IB6f anti beat use ❑ Resent me Wee Eventual Su b-faml devil mean. Subject lot b a non- conlmm' Id of record. Public Mhar (Descnhe) OF SITE IMPROVT:MEFII$ Topo Level Floc. Street Access ®Pubile ❑ PAVde SL Cansetble with area Gas ❑ Surface Macadam Shape Feectanmiar Water ❑ Mainananae ® Public ❑ Private Mew Neighborhood San. Sewer ❑ Storm Sewer i] CurWGNter Drainage Appears to be adequate ❑ Underground Elect. It Tel. Sidewalk I Sued Lights Irbil propary loeM br HUd) , IAM Sprdd Fbod NarardArwT 2111 Cppnarro invpade a maavaabY kkKkg any appear adverse saaanRM. memamm % or leer adverse cmdihns): Zone D, Comm #120067CO2500 del 1111705 No adke se conditions observed. Typical madwa and/or parameter Led ty eesemats exist on th she' these are common in the area and do W "Pad value, the an"red has Orion base more hobs of pope mast ShT& and pfmbMe to #epcl and has considered Use In ere IMnat anebvls The descnpeon hlGWes a pake alloy mad ndetdng merlgt OMtlm to Me Moms of SWWW VVWM In wean am ablecl end cplgarffile VWaeae. p a tip &B hem M is earpnde him" Y dosser is or move fromoble ban We asi property a rdnus ( -) slummn b mode sea OdmN M imposed value of eubNct a a ddlMfdnt Kim M ere comparde Its Interior he a less favorable than de subject papery, a plus ( +) adlusonam Is made dos Increasing the indicated voce of eta sublect ITEM I SUBJECT PROPER rY COMPARABLE NO 1 COMPARABLE COMPARABLE Address 2520 Golden Gate Blvd E. 4270 22nd Avenue NE N/S 58tH Avenue NE W/S 12th Street BE Ne les FL 34120 Naples, FL 34120 Naples, FL 34120 Naples, FL 34117 0.49 arras N 1.94 miles W 1.82 miles SW ales Price WA 0' .. 8 3331st 7 7431st 10 2521st Pace Gross 9.500 MLS#210000931 19,500 MLS#209030557 16,300 MLS#207055 125 Danks Source Dole d Sale and DESCRIPTION ESCRI N +- Aa -m. DESCRIPrgN +- Ao ud DESCM N +- M Asset Time Adjusliment WA 3/10 3/10 11/09 a' GGE Similar Similar Similar RWVhw 1.17 aces 1.14 acres in Slac 2.73 acres in $ /ac 1.59 ease In S/ac Taquorraphy, Lavellrmnnal LeveUraWrel Leval/natural zooreng Estates _ Fatales Estates Estates Sales or Financing WA Cash or Eglkv. Cash or Equity. Cash or Equity. Connotations Nd Ad'. Mal +'+ - + - Indicated value Of Subject 3,333 7,143 10.252 Comments on Market O#a: Sae anastrotl edderda. Commends and Conditions Of Appraisal $ bl t and wraps am compared on a $/acre unit runce bass Parent tract Land Velue� 1.17 acres v $9500 1acre= $11115. See attached Limitionc, Conditions. Free Reconcllla som Takir amal:.067 acres x $9 500 = 5840 rounded No she Impronvourrents, no dame es. Tom] Com ensation: 84 I ESTIMATE THE MARKET VALUE, AS OEFIRea. OF aVILM S CT PROPERTY AS OF May 28 2010 to k 640 ` / Harry Henderson _ -_ ❑ Old ❑ Did Not Physically aspect Property relseris Review Appraiser applicable) WK) Comer County Government Font LND — 'WInTOTAL' appraisal saftware by a Is mode, Inc. —1 -80C ALAMODE Agenda Item No. 13A29 July 27, 2010 lMaln File No. Panel SIAREHIP 13 of 16 Supplemental Addendum NO No. Parcel 319ROUE 9onower /CtieM Owner: Budd /PoveO Pro Addmss 2520 Golden Gate Bbd E, C Naples C011 Collier State FL Zip Code 34120 Lends Collier County Gov /Growth Management Div. • Land : Nelshborhocd Market Factors The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate Boulevard. Golden Gate Estates is a Screwing pre - platted subdivision consisting of eveage-type single - family homesites (1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive into greater Naples to the west. Maintenance levels in the area are generally average. • Land: Market Data The subject and comps are compered on a unit/price ($ /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 reel estate market has been in decline since late 2005 and remains mosptionalhy weak.; the Estates market has bean especially soft due to a severe supply - demand imbalance in this area. The sales cited are relatively recent transactions: no time adjustments have bean applied in order to give property owner's every benefit of the doubt. The indicated unit prices range from $7,143 1acre to $10,252 /acre; given the comparison criteria discussed, a unit price of $9,500 /acre is selected as reasonable for the underlying unit/price value for the parent tract lands. Parcel 319RDUE The subject parcel is a 39 fl -wide ROW strip located on the north side of the parent tract along Golden Gate Boulevard. The size of the taking parcel Is 2,925 at or .067 acres. At the appraised unit/price of $9,500 /aue the subject parcel has a direct land value of $840 (rounded). 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 319RDUE is estimated to be: $640, Fonn TADD— V nTOTAC apealsal wilware by a la mode, inc — 1- 800-ALAMODE Agenda Item No. 16A29 July 27, 2010 4of16 DEFINITION OF MARKET VALUE: The most probable price which a propery ground bang in a competitive and open marlat under ad conditions mquishe to a fah sale, the buyer and sale, each acting Oruobal kmwledgaabry and assumilg the price Is not afected by undue stimde. vital In this delinNOn is the consumrabon of a sale as at a started date and the passing of title tram seNr to buyer under condh ons whereby: (1) buyer and seal are rigidify motivated; R) both parties are wall Internal or and advised, and etch acting in what hat mmiMns as own best having; (3) a reasorabte time Is allowed for premium In the open market (4) payment is made in firms m cash In U.S. dallars or in airs of faaplal arrangements OMDAMbb United; and (5) the price represents ere normal consideration for the property sold unaffected by appeal or creeal fienchg or saes concessions- grained by anyora associated with the sale . Adjustments M fhb comparable must be made for special OF creative fmandl or sales concessions. No adjustment are necessary for terse coats which are nomnatiy paid by saliva as a result of tradition or law in a make area; them costs are Rarely centra la since the seller pays them Cosa in virally ad sales IRleamiMr. Spatial or cRallve finandig adjustirants can be made to the comparable property by compansonc to financing terms offered by a third party InsMOtieal lender that Is not thready Involved en the property or baeacam. AT adjustment should Rat be calculated on a mechanical chief for dollar cost of the Irmnchg or Wl6esbn be to dollar amount M any adpsbresn should appradmaer the markers reactor to Its financing a committees based on the appaise's Informal STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's cerbficaaon ma uppers in Me appraisal report is subject to Me a9awing candlaons: 1. The appraiser will not be responsible for maters of a legal have that abed athal the properly being appraised Or de ON to It. The appraise assumes Ma the title Is goad and marketable and, terefore, colt not Rndm any options abate the title. The property Is deposited an the bask of it vkg under Rmpoebe ownership. 2. The appraiser has provided a gated in the apmisal report to show appradmate dimensions of the ingrovenwlts and the sketch is included only to assts the reader of the report in visualbeng to properly and understanding the appeaser's detemnrOm of Is sag. 3. The appraisal has examined the avaiable flood craps that are provided by the federal Emergency Management Agency for other data soures) and has noted in Me appraisal Ripon whtlw the subject site Is located In an idemhied Special Food Hazard Ana. Because the appraiser Is not a surveyor, he or she makes no guarantees, aoRss or Implied, regarding trips determination. 4. The appraiser colt rot give feamony or appear in court because he or she made an appraisal of the property in question, ural specific arrangements R do so have been made beforehand. 5. The appraiser has estimated the value of the and in the cost approach at its hghest and best use and the Imprmenerla at Mar comdemory, value. These separate valuations of the land and improve hems must rat be used In completing with and cow appraisal and are maraald I they ere so used. 6. The appraiser has Rated In the appraisal road any adverse condepns (such as, nceded regale, deprecaam, the presence of hu8rdM5 Maim, WAC substances, etc.) observed during the Inspection of trot subject properly or per he a shot became aware of dung Ilse merinal march IMDIVed In perlomllrg the appmiaa Unless otherwise Stated in the appraisal report the appraiser has no knowledge of and hddan or enapeaream condaons at the property or adverse emdronmenal cold'Nons (including; has prerema ot harm im wasps, time approval, etc.) Mat would make the prop" hae or ess valuabe, and has assumed that Mere are no such Comm and makes nor guarantees or wanantes, eoress or implied, regaalrg the condeon of that pmpedy. The appraiser will rot be inevitable for any such candmans that do what or for and widinemg or tested that login be required to discover will such conditions mist. Because tie appraiser Is not an sell in rte field of emironnental hazards, the appral9al report most Rtt be conalikeed as an envirpnmemal assessment of to properly. 7. The appraisal obalmd the Imormtfon, estimates, and opinions Mat were Wressed in the appraisal report from souroe Mn he or she consrdes to be reliable and heaves Main to be true and conRct. The appraiser dyes nut asthma national for tlo accuracy of such Mats that wen washed by other paces. B. The appraiser will nut declass fe comedy of the appraisal Report acept as provided for in to Untomr Standards of Pfofesemel Appraisal Practice. 9. The appraisal has based his or hw appraisal report and valuation contusion for an appraisal that is subject to satisfactory minimum. repairs, or woratan5 on or assumption Mat completion of the improvement will be performed in a workmanlike namar. 10. The appraiser must provide his or her prior wrier consent before he lendricliem avoided In the appraisal report can disable the appraisal report (including conclusions about the property value, the appraiser's loaner and professional desiprabons, and Miami to any professional appraisal organizations or the firm with which the appraisal is accredited) R anyone caw than the bornmver; the mortgagee or is successors and assigns to modgage insurer; consudams', pntessional appraisal arganiaaaons; any state on federally approved finincial institution; or any depaMmK agency, or 'mslrurnedality of the United Spas or arty state or Me District at Columbia, except that the iendaoclent may distribute Me property description section or the Ryon only to data collation a reporting culverts) without having to olanai, trip appraiser's prior winner easem. Tire appraisers written coeent and approval most also be obtained before the appraisal can be cmayed by anyone to Me public through imposing, all relations, Rot sales, or other media. Freddie Mac Form 439 6 -93 Pagel at 2 Fame Mae Fan 1 D04B 6.93 Career County Government Form ACR — 'WInTOTAL' appraisal survive by a In made, inc. — 1- rOUALAMODE Agenda Item No. 16A29 July 27, 2010 15 of 16 APPRAISER'S CERTIFICATION: The Appalls certffoes and agrees that 1. 1 have researched the subject market area an have selected a minimum of over recent sales of properties most similar and prmimate to the subject propety for consitluabon in the sales comparison aalysis an have made a dollar adoshrtent when Appropriate to reflect de mike reacting to those edm of sipncant variation 9 a significant hem In a comparable property Is stammper to, or mote favorable tan, He subject property, I news made a negative adlusmoM to palm the adjusted sales price of the comparable an, I a elgnlcant hem In a compendia property Is intenor to, or lass favorable man the subject property, I here made a costive adiustnort to increase the adjusted saes once of tie comparable. 2. 1 have taken Into consideration the factors tat have an impact an value In my development Of the estimate of mwMet new In to appraisal normal. I have not knowingly withheld airy signiicanl Information from to appraisal mood and I believe, to tie beat of my Imowedge, dal All salenenta an intmamtlot In the approval road an core and coned. 3. 1 stated In to appraisal report only my on personal, unbiased, and profeesieral anysis, dismiss, and conclusions, which are subject toy to tie converged and working functions specffled in this tarn 4. 1 have m present or prospective Interest in the property that Is the sugact to this report, and I Aare no protect Or prosperve personal Interest or bias with respect to tie participants In to mane action. I did net base, elver partially or camoe*, my al lysls aldyor the e5tlnete at cored value In the appor report on the race, color, religion, an handicap fa dial seen, or ntlonel origin of elder the prospective owners ma occupants of to subject property or of be present ownsrs or ocu cans of tie properties In the vicinity of the subject property• 5. 1 haw ns present or contaoplated tutors interest M fix subject 1propery, and core my currant or future employment nor my compensation for Parker fads appraisal Is caMngem on the appraised vain of the property. 6. 1 was rim required to mount a predetermined value or direction t value tat favors to cause Of to client or any related party, to amont at to value estirree, the ahannnam of a apache man, or de occunenn of a subsequerd event In hoer to receive my cwmmabon author employment for pertotmug the appraisal. I did not base to appraisal report on a localized min roam vacation, a spectlk valuation, or the lead to apprme a started mortgage loan. 7. 1 parlotmd this appraisal In cantormrky whin the Dnorm Standards of Professiorel Appraisal Practice that were adapted and promulgaod by be Appraisal Standards Board of The Appraisal Foundation an bah wee In piece as of elk effemire date of this appraisal, with to =spoon of at departure provision of tote Standards, which does not apply. l acknowledge that an esgme of a reasonable time in ON' sure in he open meet is a congon in the dulrlbon of market nom an to estimate I developed is consistent with the marketing bme noted in to neighborhood section of this report, unless I haw otherwise stated In the recrimination section. 8. 1 have pereaaae/ impacted the Interior and a temor areas of to subject property and to armor of erg properties listed as comparabes in the appraisal report I further ferny that I ere rated any apparent Of WM adverse connote in the subject improvements, on to subject srke, ma on any site within the immetale vicinity of to subject property of which I am aware and have coda aejuctmnhs for three adverse cmndibom in my analysis at tie property vow to tie islet that I had markel evidence to support them. I have also comngmrted about the effect at the adverse conditions on to paramount of tie subject property. 9. 1 personrly prepared at conclusions an opinion about to real estate that were set fort In the appraisal report 9 1 reed an significant professional assistance from any Individual or Inwiduats in to Dedomamre at (rte appraisal or do prepazatlon at tie appraisal report I have named such inridual(s) en disclosed the spectltc tasks performed by them in to propaigatlpn section of this appraisal report I certhy that any Individual so armed N Wtlned to peiorm the tasks. I haw rim authorized anyone to make a charge to any ern in tie report tneore, I an eautorizetl Change Is made to the appraisal report. I wit tae at responsibility for It. SUPERVISORY APPRAISER'S CERTIFICATION: ld a supervisory appraiser signed the appraisal ri he or she cartties and agrees that: I directly supervise to appraiser we prepared the appraisal rapid, have renewed the appraisal report agree with tie statements an conclusion of the appraiser, agree to be boun by the appraiser's certification neneered 4 through 7 above, an am taking in reapore j for the appraisal an to appraisal report. ADDRESS OF PROPERTY APPRAISED: 2520 Golden Gets Bwd E. Naples FL 34120 APPRAISER: Signature: Nam: Harry Henderson SR4 Date Signed: May 28 2010 State Gemination #: R03475 or State License Ar state: FL Expiration Date of Gerldlcation or Loeme'. 11/30/10 _ SUPERVISORY APPRAISER (only U required): Signature' Name: Date Signed: State cerdficatlon Af or State license #' Statel Expiration Do of Certficaukn or License:_ ❑Did ❑ rd NotInspect Property Freddie Mac Farm 439 6 -93 Page 2 of 2 Fame Mae Form 10048 6.93 Form ACR — VinTOTAC appraisal sohwam by a Is made. lea —1. 800- ALAMODE Agenda Item No 1A2 J f I I)�tails uly 27 Of _�5 Page 16 of 16 .31 c dal ty Pecorn - -- - -I -- -- — Current Ownership Parcel No. 40920760008 _ C_ Property Address l 2L520 GOLDEN GATE BLVD E Owner Name BUDD, LISA D Addresses VIRGINIA A POWELL PO BOX 2792 _ _ _ r City BONITA SPRING5�� Sate .FL �L Zip 34133 - 2792 Legal GOLDEN GATE EST UNIT 81 E 75FT OF W 180FT OF TR 6 _Section _ Township (Range _ L cres Map No. �L_ Strap No. 1.17 _� 4C01 350800 8 14C01 - - -I Sub No. ] 350800 —� GOLDEN GATE EST UNIT 81 MdlaUe Area "'.Mdlage Total School (— i�o c„rlP 1� 11 VACANT RESIDENTIAL I 80 6 4101 11.6491 5.239. 2009 Final Tax Roll (Subject to Change) If all Valnes shown below equal 0 this parcel was created after the Final Tax Fall Land Value l,. $ 29,250.00 + Improved Value I=) Just Value ( -) SOH Exempt Value & Oteut Exempti ons (- )Assessed Value ( -) Homestead and other Exempt Value _ �L �� -� �� $ 0.00 $ 29 250.00 $ 0.00 $ 29,250.00 _ ____ _$ 0.00 j (_) Taxable Value _ $ 29 250.00 i, -I School Tixa Lie Value (Used for School Taxes) 5 29,250.00 SOH = "Save Our Hornes" exenipt valae due to rap w. assessment in(.reases. Latest Sales History Data Book - Page r Amount _ 07 / 2004 C —. 3610 - 2463 �C- $ 0.00 10 1 1998 2470 -3310 S o f 0-8/ 1998 2451 - 3446 05/1997 -- 2312 -763 =$O The Information is Updated Wcekiy .1 d )Ii)