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Agenda 07/27/2010 Item #16A32Agenda Item No. 16A32 July 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. 481RDUE) 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: $1,590.00). 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 - ]ailing improvements to Golden Gate Boulevard. CONSIDERATIONS: Parcel No. 481RDUE (a legal description and sketch of which is attached hereto) contains 2199 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 Bruce Carlson and Peter Palos. 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 in the easement area at $430.00 (the appraisal is attached and is based on $8,500.00 per acre). The current / 2009 assessed value of the needed easement area is $1,265.00 ($25,000 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 $1,265.00 (at the exact current / 2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from Bruce Carlson and Peter Palos for the purchase price of $1,265.00, 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. Agenda Item No. 16A32 July 27, 2010 Page 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 $1,590.00 and includes the $1,265.00 as the negotiated price of the easement; plus title search, title insurance and recording fees not to exceed $325.00. Source of funds will be paid from road impact fees. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's office and is legally sufficient for Board approval. — RNZ 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 Chainnan 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.481RDUE 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 terns 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, SWWA, 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 (tern No. 1GA32 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A32 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of- Way, Drainage and Utility Easement (Parcel No 481 RDUE) 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: $1.590.00). Meeting Date: 7/27/2010 9:00 00 AM Prepared By Joan Smith Property Acquisition Specialist, Senior Date Transportation Engineering & Transportation Division Construction Management 7/912010 8:17:53 AM Approved By Jeff Klatzkow County Attorney Date 7/912010 3:16 PM Approved By Najeh Ahmad Director - Transportation Engineering Date -... Transportation Engineering & Transportation Division Construction Management 7!1212010 9:51 AM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 71212010 12:47 PM Approved By Gary PutaanSlW Project Manager, Principal Date Transportation Engineering & Transportation Division Construction Management 711212010 1:11 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Division Transportation Administration 711'2010 2:12 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 7/12/2010 2:35 PM Approved By �- Nick Casalanguida Director - Transnonction Planning Date Transportation Division Transportation Planning 7'1 2:2010 4:26 PM Agenda Item No. 1GA32 July 27. 2010 Page A of 16 Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 711 3/201 0 1.39 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 7114/2010 1:04 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 711412010 1:36 PM Approved By Susan Usher ManagementlBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 711912010 9:44 AM Approved By Mark isackson Management /Budget Analvst. Senior Date Office of Management & Budget Office of Management & Budget '119/2010 10:21 AM PROJECT: 60040 PARCEL No(s): #481 FOLIO No(s): 40744280007 EASEMENT AGREEMENT Agenda Item No. 16A32 July 27, 2010 Page 5 of 16 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into on this day of 20, by and between BRUCE E. CARLSON, whose mailing address is 274 Abbeywood Lane, North Aurora, Illinois 60542 and PETER PALOS, whose mailing address is 17901 Lawndale Avenue, Homewood, Illinois, 60430, (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: 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: $1,265.00 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) Easement; (b) Closing Statement; (c) Grantor's Non- Foreign, Taxpayer Identification and "Gap' Affidavit; (d) W -9 Form; and Agenda Item No. 16A32 Page 2July 27, 2010 Page 6 of 16 (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. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for 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. Agenda Item No. 16A32 Page Vuly 27, 2010 Page 7 of 16 (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. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. +This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. Agenda Item No. 16A32 Page 4July 27, 2010 Page 8 of 16 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or 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.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman BRUCE CARLSON Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revis.d. 2119109 PETER PALOS Agenda Item No. 16A32 Page 5July 27, 2010 Page 9 of 16 mt T r M � 1 •"� N x s t�.i w� i ,I+ .� a, i � . Yy a� r x K� LAND APPRAISAL REPORT Main File NO. ? 1 " 16A32 G i I eNO. Parcel aEl3 27, 2010 1 of 16 Borrower Owner. Carlson /Palos Census Tract 112.02 Map Reference S4- T48-R28 Property Address NIS Golden Gate Blvd City Naples County Collier State FL Zip Cade 34120 Legal Description Golden Gate Estates Unit 78 E 75ft of W 18OR of Tract 54 OR 1733 PG 2144 -45 Sale Price S N/A Date of Sale N/A _ Loan Term N/A yrs. Properly Rights Appraised ❑ Fee 1 Leasehold [ L OF Miummis PUD Actual Real Estate Taxes $ 340.74 NO Loan charges to be paid by seller S N/A Other sales concessions N/A Lender /Client Collier County Gov /Growth Management Div. Atltlress 2885 South Horseshoe Drive Naples FL 34104 Occupant vacant Appraiser Harry Henderson SRA Instructions to Appraiser - Estimate Market Value Parent Tract/Parmal Take Folio #40744280007 Shall anent tract is unim roved Location ❑ Urban ❑j Suburban ❑ Rural Go as Avg. Fair Poor Bulk Up ❑ Over 75% ❑ 25% to 75% 1J, Under 25% Employment Stability �_ I ❑ Z I❑ Growth Rate ❑ Fully Dev_ '❑ Rapid L 1 Steady 7' Slow Convenience to Employment ' I Z L-; Property Values increasing ❑ Stable �; Declining Convenience to Shopping ❑ ® ❑' L] Demantl/Supply ❑ Shortage �� In Balance ❑ Oversupply Convenience to Schools -1 ® ❑ ❑ Marketing Time ❑ Under 3 Mos. -6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ X I ] ❑ Present Land Use 60 %1 Family_ %2 "4 Family %Apts. %Cohen_ %Commercial Recreational Facilities ❑ z ❑ ❑ _ _ %Industrial 40 %Vacam % Adequacy of Utilities __ Q ❑ ❑ Change in Present land Use Not Likely Bely )') -1 Taking Place (`) Property Compatibility L- X ❑ ❑ (') From vacant To single- family Protection from Detrimental Conditions ❑ ❑ ❑_ ❑_ Predominant Occupancy ZOwner _ITenant _ %Vacam Police and Fire Protection ❑ L j 000 115,000 Single Family Price Range $ 60 to $ 210.000 Predominant Value $ General Appearance of Properties ] '� ❑ ❑ Single Family Age 1 yrs -to 25 yrs. Predominant Age 10 yrs. Appeal to Market '�_1� ❑ ❑ noise) See attached addenda. Comments including those factors, favorable or unfavorable, affecting marketability is a public parks, schools, view, Dimensions 75 x 680 = 1.17 Sq. Ft. or Acres `: Corner Lot Zoning classdicatlon Estates (2.25 acre conforming lot size min.) Present Improvements FN do I� do not conform to zoning regulations Highest and hest use '._ -1 Present use of foascri *subject lot size is substandard, this is a non-courformeng lot of record common for area Public Other (Describe) OFF SITE IMPROVEMENTS Tapo Level Else __ I Street Access >, Public ❑ Private She _Code with area Gas i._j Surface Macadam Shape Rectangular Water ❑ Maintenance 5; Public ❑ Pmard View Neighborhood Salt Sewer ❑ ❑ Storm Sewer L_ Curb/Guffer Drainage Appears to be adequate I❑ Underground Pool 8 Tel ui Sidewalk _L Street 411 Is the property located In a HUD IdertBied Special Flood Hazard Area? [ No Yes Comments pavorahle or unfavorable Including any apparent adverse easements enmeachmen6 be other adverse sandionsf_ Zone DComm #120067CO250G, and 11117105 No adverse conditions observed. Typical d:I and /or parameter rithey easements exist on the site, these are common in the area and do not impact value. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered acres in the market analysis. The description includes a dollar adjustment reflecting market reaction to those Items N significant venation between the subject and comparable propeNes. If a signficanf item in the comparable proper, Is superior to or more favorable than the subject property, a minus ( -) adjustment is made thus reducing Me indicated value of subject', t a significant item in the comparable Is inferior to or less favorable Iran the subject property, a plus ( +) adjustment is made thus Increasing the Indicated value 01 the subject. ITEM SUBJECT PROPERTY COMPARABLE NO .I _ COMPARABLE NO 2 COMPARABLE NO. 3 Address N/S Golden Gate Blvd 4270 22nd Avenue NE N/S 58th Avenue NE 3421 56th Avenue NE Naples, FL 34120 Naples, FL 34120 No les, FL 34120 Naples, FL 34120 Proximity to Subject 0 49 miles N 1.94 miles W 1-82 miles SW Sales Price $ N/A 8,333/ac 7.143/ac 10.852 /ac Price Gross � x9.500 19500 28,000 Data Source MLS #210000931 MLS #209030557 -_ _ -__ MLS #209018236 Date of Sale and DESCRIPTION OESCRIPTIO_N + -1$ Adlat. DESCRIPTION + - IS Adjust DESCRIPTION I + - A Adopt. - Time Adtustmem N/A 3/10 3/10 3/10 Location GGE Similar Similar Similar • Site abw 1.17 acres _ 1.14 acres /ac 2.73 acres in $ /ac 2.58 acres in__$lac Ta o rd h Level /natural Estates __ __ _in$ Level /natural Estates Level /natural Level /natural _ 7mm Estates _ Estates Sales or Financing N/A Cash or Equiv. Cash ar Equiv.', Cash or Equiv., Concessions Net Ad. otal + + - $ 1 - S Indicated Value of Subject $ 8.333 S 7.143 S 10,852 Comments on Market Data See attached addenda. Comments and Condiuone of Appraisal: Subject and comps are compared on a $ /acre unit price. basis. Parent tract Land Value: 1.17 acres x $8,500 /acre= $9,945 See attached Limiting Conditions. final Reconciliation'. Taking parcel: .051 acres x$8,500 =8430 rounded) No site improvements no damages._ Total Com ensaticn: 5430 I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF _ MaY 2B 2010 to be $ 430 Harry Henderson SRA '_ Did _. 1 Did Nor Physically Inspect Property Apprami rls Review Appraiser If applicable) (Y2KI Collier County Government Form LND — "WmTOTAL" appraisal software by a la mode, inc — 1.300- ALAMODE Supplemental Addendum LMFIIp NOg.. 16A32 hirNo Parcel 481RDUE July 27, 2010 Borrower /Client Owner: Carlson/Palos 12 Of 16 Property AQZlbbS N/5 Golden Gate Blvd C_..___— ..___ Ity Naples ___ _ CourAy Collier Stale FL ZIp CoQe 34120 !.antler Collier Count Gov /Growth Mana ement 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 east of Everglades Blvd. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type single- family homesites (1.14 to 5 acres typically) in a semi -rural setting. Essential services are within a 35 minute drive 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 /price ($!acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate market has been in decline since late 2005 and remains exceptionally weak., the Estates market has been especially soft due to a severe supply - demand imbalance in this area. The sales cited are relatively recent transactions', no time adjustments have been applied in order to give property owner's every benefit of the doubt. The indicated unit prices range from $7,141acre to $10.852 /acre; given the comparison criteria discussed, a unit price of $8,500 /acre is selected as reasonable for the underlying unit /price value for the parent tract lands. Parcel 481RDUE The subject parcel is a varying -width ROW strip located on the south side of the parent tract along Golden Gate Blvd. The size of the taking parcel is 2.199 sf or .051 acres. At the appraised unit /price of $8,500 /acre the subject parcel has a direct land value of $430. 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 481RDUE is estimated to be 430. Form TADD— "Vyin iAL appraisal Software by a la more inc —1 -800 ALAMDDE Main File No Paoe14B,7pOUE Pane #3 16A32 July 27, 2010 Page 13 of 16 DEFINITION OF MARKET VALUE: The most probable price which a property should tiring in a competitive and open market under all conditions requisite to a fair sale. the buyer and seller, each acting prudenfy, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. (1) buyer and seller are typically motivated, (2) both parties are well informed or well advised. and each acting in what he considers his own best interest, (3) a reasonable time is allowed for exposure In the open market, (4) payment is made in terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto', and (5) the price represents the normal consideration for the property sod unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adjustments to the cpmparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those casts which are normally paid by sellers as a fraud of tradition or law in a market area', these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third parry institutional lender that is not already involved in the property or transaction. Any adjustment should not he calculated on a mechanical dollar for dollar cast of the financing of concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's requested that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the The to it The appraiser assumes that the title is good and marketable and therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader at the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency for other data sources) and has noted in the appraisal report whether the subject site is located in an Identified Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not he used in conjunction with any other appraisal and are invalid if they are so used 6. The appraiser has noted in the appraisal recall any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc) observed during the inspection of the subject properly or that he or she became aware of dung the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or anappareot conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc) that would make the property mom or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the popery- The appraiser will not be responsible for any such conditions that do exist or Ior any engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert In the field of environmerfal hazards, the appraisal report must net be considered as an environmental assessment of the property. Z The appraiser obtained the information, estimates, and opinions that were expressed In the appraisal repod from sources that he or she considers to be cliable and believes them to be true and correct The appraiser apes not assume responsibility tar the accuracy of such Items that were furnished by ether panics. 8. The appraiser will not disclose the contents of the appraisal repel except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal repod and valuation conclusion ter an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner 10. The appraiser must provide his or her prior written consent before the dnde idient specified in the appraisal report can distribute the appraisal repel (Including conclusions about the property value, the appraiser's Identify and professional designations. and coherent to any professional appraisal organizations or the firm with which the appraiser Is associated) la anyone other than the narrower, the mortgagee or its successors and assigns, the mortgage insurer, consultants', professional appraisal organizations, any state or federally approved financial institution; or any department agency, or instrumentality of the United States or any state or the District of Columbia', except that the jenderlckent may disbibuts the property description section of the report only to data collection or reporting servies(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can are conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 693 Collier Count, Government Form ACR — "WmTOTAC appraisal software by a Is mode, in, — 1- 800-ALAMODE Fannie Mae Form 1004B 6 -93 (Main @le No 10P.32 July 27, 2010 Page 14 of 16 APPRAISER'S CERTIFICATION: The Appraiser conifers and agrees that 1. 1 have researched the subject market area and have selected a minimum of tame recent sales of properties most smrlar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation If a significant hem In a comparable property is superior to or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and if a significant item in a comparable property is inferior to or less readable than the subject property, I have made a positive adjustment to increase me adjusted sales price of the comparanle. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of marksq value in the appraisal tread. I have not Knowingly withheld any significant information from the appraisal report and I believe to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report . and I have no present or prospective personal interest or bias with respect to the participants In the transaction I tlitl not base, either partially or completely, my analysis anolot the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, Iamtllal status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the propeo!es In the vicmlry of the subject property. 5. !. have no present or contemplated future Interest In the subject properly, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was net required to repan a predetermined value or direction in value that favors the cause of the client or any related parry, the amount of the value estimate, the attainment of a specific result or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. tlitl not base the appraisal report on a requested minimum valuation a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market Is a condition in the tlejinition of market value and the estimate I developed Is consistent with the marketing time noted in the neighborhood section of this repair . unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the Interior and exterior areas of the subject property and the carrier of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject Improvements, on the subject site or an 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 the eger that I had market evidence to support them. I have also commented about the effect of the adverse conditions an the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate treat were set forth to the appraisal report . it I relied an significant professional assistance from any Individual or individuals fn the performance of Me appraisal or the preparation of the appraisal repan, I have named such individualist and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I cenity that any individual so named is qualified to perform the tasks. I have, not authorized anyone to make a change to any item in the report , therefore if an unauthorized change is made to the appraisal report , I will take no responsibility far it SUPERVISORY APPRAISER'S CERTIFICATION: II a supervisory appraiser signed the appraisal repan, he or she certifies and agrees that I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and constrictions of the appraiser, agree torte bound by are appraiser's certifications numbered C thmugh 7 shove, and am taking lull respmsibildy for the appraisal and the appraisal sport . ADDRESS OF PROPERTY APPRAISED: NIS Golden Gate Blvd. Niles. FL 34120 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature. Name. Harry Henderson. SRA Date Signed: May 28. 2010 State onsfioation# RD3475 or Slate License State FL E geration Date of Certification or License 11 130/10 Signature: _ NaTe Date Signed State Certification or State License # done. — Expiration Date of Certification or Did Did Not Inspect Prapeny Freddie Mac Form 4396 -93 Page 2 of 2 Fond ACR — "WinT01AU appraisal software by a to mope. inc. — 1- 800 - ALAMODE i III TRACT 37 OUTH LINE TRACT 54 cARLSON & PALCs OR '.733/2144 PANTALEON & PANTALEON SNELLGROSE OR 3946/3683 OR 2839/2747 (EAST 75' OF WEST 180' OFI TRACT 54 TRACT 54 GOLDEN GATE ESTATES UNIT 78 PLAT BOOK 5 PAGE 16 WEST LINE I OF CAST 75' OF WEST tAO� OF EAST UNE TRACT 54 — OF WEST 180 OF TRACT E4 I PROPO4AA EMENT L6 r I8 NORTH LINE OF SOUTH 50' OF 50' TRACT 37 k-4 29] +00 2 8 +00 299 +00 i_1 +.._ +._ ,00 1 )GOLDEN GATE BOULEVARD (CR B76) 90. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RUDE) �]T EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL I11.1J USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16 ,tj 4 16A32 JUIV 7, 2010 Page 15 of 16 N W E S TRACT 55 r LINE TABLE UNE BEARING LENGTH L1 N89'30'51 "E 104.91' L2 N00'29'07"W_ 50.00' L3 NO0'29'07 'W 34.00' ,.4 N89'30'51 "E 5.09' L5 S00'29I13 "E 5.00' __ L6 N89'30'51 "E 69.84' 17 500'29'06 "E 29.00' Lb '8930'5,1 "W _ 74.93' LEGAL DESCRIPTION FOR PARCEL 481 ROUE A PORTION OF TRACT 54, GOLDEN GATE ESTATES. UNIT 7E AS RECORDEG W 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 PARTICUTARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 54, THENCE N.8930'51 'E, ALONG THE SOUTH LINE OF SAID TRACT 54, FOR 104.91 FEET TO A POINT ON THE WEST LINE OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 54, THENCE IN OD' 29' 01 'VV,. A'_ONG SAID WEST LINE, FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SAID TRACT 54 AND THE POINT OF BEGINNING 0- 'HE HEREIN DESCRIBED PARCEL, 7ECM -ROW THENCE CONTINUE N.00'29'07 "W., ALONG SAID WEST LINE. FOR 34.00 FEET: FEB 2010 THENCE N.BP 30 TiI F FOR 5.09 FEET, THENCE 5.00'29'13 "E, FOR 5.00 FEET, THENCE IN 89'b0'51 E 69.84 FEE' TO A POINT ON "I IF EAST LINE OF THE WEST 180 FEET OF SAID TRACT E4, THENCE S- 00'29'06 "E., ALONG SAID FAST LINE, FOR ?9 CC FLET 10 A POINT ON SAID NORTH LINE, THENCE 5.89'30'51 "W., ALONG SAID NORTH UNE, FOR 7493 FEET TO '!HE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL. CONTAINING 2'99 SCUARE FEFI, MORE OR LL4. a +D ea teD er L � wwc. aRDassIDN sDR<cw n unwER SKETCH k DESCRIPTION ONLY I.., noa 4noe 2 vxD. vDr NOT A BOUNDARY SURVEY scA1.e. 1' -BC' vcNxc oere. / uor vu I. wrtxoUF ME OBI sl ILPE gIE EYBNSSw SEAL Al FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A0 II.IMBCD llol esS. u R Axc uWRER. GOLDEN GATE BOULEVARD I SKETCH &DESCRIPTION OF: PROPOSED ROADWAY EASEMENT y IF PARCEL 481 RDUE s6lD wxv., P.M fhbe. smm zoo N5976 57S FAX (DX COLLIER COUNTY. FLORIDA vnm.: mal ssLB No FAx lzA) 6szone LB No 6952 DRAWN BY 1 =ILE NAME SHEE' 1700.01 00011 01 1 4 Details Agenda IterPW 15MI my 27, 2010 q21 6Df16 Property Record Sketches Trim Notices a Current Ownership Parcel No. 14074428 0007 Property Address I NO SITE ADDRESS GOLDEN GATE EST UNIT 78 E 75FT OF W 18OFT OF TR 54 OR 1733 PG 2144 -45 Section Township Range �� // Acresl Map No. �� Strap No. l ® 49 28 1.17 1 —T11 4D04 11 349900 54 14D04 Sub No. 1 349900 I G O LDEN GATE EST UNI"7 lm MA" -TMillaae I Total JISchooll Use Code F-------I VACANT RESIDENTIAL 11 80 6.4101 11.6491 16.239 2009 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value 6 L$_ ,25000 Date Book -Page Amount ( +) Improved Value 0.00 1 1733-2144 $ 0.00 ( =) Just Value 11 $ 29,250.00 ( -) SOH Exempt Value & Other Exemptions ( =) Assessed Value ( -) Homestead and other Exempt Value (_) Taxable Value $ 29,250.00 ( =) School Taxable Value (Used for School Taxes) $ 29,250.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. r b �t `1=? z The Information is Updated Weekly. 2 http:// www. collierapprais er.com/Recordl)etail. asp ?1NIap= &,Foli��ID= 0000040744280007 6/7/2010