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Agenda 07/27/2010 Item #16A33Agenda Item No. 16A33 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. 512RDUE), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $866.00). OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase a road right -of -way, drainage and utility easement required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. CONSIDERATIONS: The required easement is located on the east side of Desoto Boulevard (Unit 79, Golden Gate Estates) and contains a total of 1,500 square feet or 0.0344 acres. Using the most recent, comparative sales data, the Growth Management Division's Review Appraiser, Harry Henderson, SPA, prepared an appraisal of the easement area of the property estimating its current market value at $292 ($8,500.00 per acre). The current / 2009 assessed value of the needed easement area is $516.00 ($15,000 per acre). On June 16, 2010, Collier County Transportation Division invited the owner, Mr. Linh Le, to discuss the sale of the required easement to the County. On or about June 21, 2010, Mr. Le contacted the assigned Property Acquisition Specialist to discuss the County's invitation. Through continued negotiations, the owner has agreed to sell the required easement to Collier County for the purchase price of $516.00 (at the exact current /2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from Mr. Le for the purchase price of $516.00, and believes the following are compelling reasons to do so: This is not a distress sale. The property owners can afford to hold out and wait for the market to improve. If we should delay this acquisition for several years until construction is imminent, and be forced to take the easement through condemnation, the cost of doing so would far exceed the owners' asking price. In addition, the owners are cooperating with staff so there are no expert or attorney fees. Moreover, if we should forestall this purchase and the market begins to rebound, in three to five years we are likely going to be paying as much or more for the subject property than the owners are seeking today. It is a common expectation ofproperty 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 15'h. Agenda Item No. 1GA33 July 27, 2010 Page 2 of 15 FISCAL IMPACT: The fiscal impact is in an amount not to exceed $866.00 and includes the $516.00 negotiated purchase price; a title search fee, a title insurance premium, lender subordination fees, and recording fees not to exceed $350.00. Source of funds are road impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Easement Agreement and authorize its 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. 512RDUE 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: Sonja Stephenson, Property Acquisition Specialist, Right -of -Way Acquisitions, Transportation Engineering, Growth Management Division Attachments: (1) Easement Agreement with Exhibit "A"; (2) Location Map; (3) Appraisal (4) 2009 Final Tax Roll Agenda Item No. 16A33 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A33 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Director - Transportation Engineering Way, Drainage and Utility Easement (Parcel 512RDUE). which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No 60040 (Fiscal Impact: $866.00). Meeting Date: 7/2712010 9:00:00 AM Prepared By Sonja Stephenson Property Acquisition Specialist Date Project Manager, Principal Transportation Engineering & Transportation Division Construction Management 71912010 1:26:47 PM Approved By Transportation Division Jeff Klatzkow County Attorney Date Approved By 7/9/2010 2:50 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 711212010 9:52 AM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering 8 Transportation Division Construction Management 711212010 1:11 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 7112;2010 1:50 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 711212010 2:36 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7!1212010 4:25 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation `Engineering & Transportation Division Construction Mananement 7113!2010 10:14 AM Approved By Agenda item No. 16A33 July 27, 2010 Page 4 of 16 Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/312010 1'43 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 7/14/2010 1:08 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7114/2010 1:36 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/1912010 10:23 AM Approved By Mark Isackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/19/2010 10.33 AM _Agenda Item No. 16A33 July 27, 2010 Page 5 o 16 PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 512RDUE FOLIO No(s): 40806480004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this ' day of 2010, by and between LINH DUY LE, whose mailing address is 912 Heritage Parkway, South Allen, Texas 75002 (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: $516.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Perpetual, Non - Exclusive Road Right -Of -Way, Drainage and Utility Easement; (b) Closing Statement; i0 July 27.2 10 Page 6 n 16 Page 2 (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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 A-L 4epda Item NA 1633 July 27, ' 10 Page 3 7 Page 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 Owners 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. v v h � hPm Nn 16A33 July 27, 2010 Page 8 o '16 Page 4 10. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14, Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk BY FRED W. COYLE, Chairman A4, AS TO OWNER: DATED: Witness (Signature) LINH DUY LE Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney L I Revised'. V19I09 Agenda Item No 16A33 July 27, 210 Page 9 o 16 Page 5 pN 0 A14 -0r12 Lem NIA '6A33 July 27, 2010 Page 10 of 16 e �8 Y vl h F TRACT 73 i d8 ry RYALL THE OR 3880/238 a g HIJAZI OR 1975/2294 TRACT 75 i GOLDEN GATE ESTATES g UNIT 79 p PLAT BOOK 5 PAGE 17 o BANK OF AMERICA _ PROPOSED ROADWAY OR 4471 /246 EASEMENT < PARCEL 512 ROUE boo S. 'T 50' SOUTH 150 OF TRACT 75 0 t 10' o i N TRACT 76 A, + E S °o S0. FT. SOUARE FEET OR OFFICIAL RECORDS (BOON /PAGE) ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) TECM _ ROW /T7"1 EXISTING ROADWAY USEMENT DEDICATED TO THE PERPETUAL 1LL11 USE OF THE PUBLIC PER PUT BOOK 5, PAGE 17 FlM a ) Zag LEGAL DESCRIPTION FOR PARCEL 512 ROUE A PORTION OF TRACT 75, GOLDEN GATE ESTATES. UNIT 79 AS RECORDED IN PLAT BOOK 5, PACE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOJTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FO'�LOWS. THE EAST ''.0 FEET OF THE WEST 60 FEET OF THE SOUTH 150 FEET OF SAID TRACT ;5. CONTAINING 1,500 SQUARE FEET. MORE OR LESS. a 40 e° Ia. SKETCH $ DESCRIPTION ONLY ° °" °^`�`°" • 11T° RMM Pf4I4RN10, � Mp. plpl NOT A BOUNDARY SURVEY ecAls: 1-BO' WMM Mrt. FOR COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS roT PH0 ww�n Tn G0�' D°0Om w4 x 11� Pm¢iwm •Nwww w° W/MlA GOMEN GATE BOULEVARD RD SKETCH RIPTIO SKETCH h DESCRIPTION OF: PROPOSED ROADWAY EASEMENT PARCEL 512 RUDE ° COLLIER COUNTY. ]FLORIDA Mitl�AOM'Mtx aweiv:ILGI Pn -0m f A, (Oq YYpn is w:4t@ NUMBER RFVISION SEC7IOn iOwNGn IP R4NOE 79=1- CALE DATE DRAWN BY FILE NAME SHEEP 05021 7.00.01 0001 REV O1 a 49 BO' DEC. 2009 PTN SK Sq 1 OF t i� y it M { x F r r ,Y 6 ki''y"roT: All. �ea motto ,�� K°� .""ti' t �' R Ts rz�.y�''p+*HS E rx� i- ✓tP -tsn i.�� "� a' S�Sk�M�xi u5� "7'Wy"3. P0. t g �vM Wl% ":b.�. s•e .�..wY D^. �S. AYS j i� GM Agenda Item No, 16A33 July 27, 2010 IManFIeNC Parpels ZMA Pa tinge 12 of 16 LAND APPRAISAL REPORT GGB File No Parcel 512RDUE Borrower Owner. Le _ Ceni ue tract 112.02 _ Map Reference _S9- T49 -R28 Property Address E/S Desoto Blvd S. CityNaples County Collier Stale FL Zip Code 34117 Legal Description Golden Gate Estates Unit 79 S 1501h Of Tract 75 OR 434 PG 64 Gem Price 5 NIA Dab of Sale N/A Wan term N /A. -_ yrs. Property Fronts Apprarseo , Fee I_f Leasehold L. De it PUD Actual Real Estate Tax¢$ $ 408.88 (y0 Loan charges to be paid by seller S. N /A_ Older sales concessions NIA Len l lleltt Collier County Gov /Growth Management Div Address 2_085 South Horseshoe Drive Naples FL 34104 Occupant vacant Apoolser Harry HendersonSi RA Instrucittms to Appraise, Estimate Market Value Parent Tract /Padlal Take Folio #-00806460004 (Sufi act oarent tract is unreserved) Location Urban criterion Rural Good Avg. Fair Poor Hurt Up Over ?5% _5254. to 754, Undel25% Employment Stability :? Growth Rate rNly Cry Vapid Steady '. Slow ""sentence to Entoornern �i, I Prosily Values Inclea5nlg _ Stable decemng Convenience to Shopping _'� ❑ Demand'Supply Sismage In Balance I'J Oyersti Convenience fo Schools _I LL Markerng Time Under C PADS_ 4 -6 Mos .; Over 6 Mos. Adequacy of Public Transportation ❑ Present Land Use 50%l family %2- 4Family _ %Apia. %Cooper %Commercial Recreational Facilities %industrial 50% Vicars % Adequacy of Ullittei ❑ Change In Present Land Use _, Nut Likely ,� Likely I') '.� Taking Place (') Property Compatibility f') From vacant To smgle-laml� Protection Item D¢Inmenl2l Conditions Predominant Uceupanoy -,j Owner ',Tenant %vacalA Police and Fire Protection Single Family Price Range 560.000 W$ 21D.000 Predominant Value$ 115, 000 General Appearance of Procedures l Single Family Age ,_ 1_ Fla. to 25 yrs. Premenni nt AqB 10 yrs Appeal to Market n0lse):See attached addenda. Comments including those (actors, favorable or unlavmablu, silence Toler ability ie.g. Topic parks, schools, view, Dimensions 150 x 680 = 234 Sq. Ft. or Acres t_i Comer Lot Zoning classification Estates (2.25 acre conforming 101 size min_) present II prgyP.ment6 I� do IA. do not conform so FOnipg r¢gp BIIpnS Highest and best use ❑ Fiscal use [vyc Other (specify) Eventual single- family development. Public Other (Directed) OFF SITE IMPROVEMENTS !lopo Level _ Elec. _�' Street Access _; Public ❑ Pnvate Size Compatible with area Gas _ Surface Macadam Shooe Reelanqular _ Water Maintenance < Pron Private View Ne hborheod San. Sewer _ _ Storm Sewer Cur[urGutler Drainage -_ sera to be, edeguate_, Untlergmund Poor & Tel Sidewalk _ Street Li2nts Is the Property 1ppated In a HUD ldmilhed SPedel Flood NeaBld Are? No'. 'Yes Commeme f aymable of un cGrabie meluur ,any appaFT; aao,,, OOemnens ancvacnmend el 01 I'aover5e ronalcons) Zone D, Cam m# 120067CO25OG. did 11117105 No adverse conditions obse, rved_Typical matlwaV end /oroarameter do i It "a sarents exist on the site these are common In the area and do not Impact value. The museignea 0a5 teepee lure scoot sale, if Pnoo laa most siMhr she promote to usuict no has nonade2p Thee In the mantel analysis The a .... pick lneledes a eclat aafus'Jrmm lefleeling marest reaGien to IMSe Mme of sonlflsam vaJisom between life sooner' no Cnmglrable roper.. II a signitinm Item In Ne cGmpe20re properly Is iniTor le er male tdyWdllle 'hen the subject oni 5 minus 1 -) unto mnnl Is rode[ Of real its mlllfated mine M suIIICCI it a 6lpn ncanl Ilam In Its Cemparahle is Inferior r, or ICss favorable than the subject property a plus i +i squattest IS modechis inceaeOg the indicated value of the subject _ ITEM SUBIECI PHOPERTy COMPARABLE N0.1 COMPARABLE NO 2 COMPARABLE NO ,3 Address EIS Desoto Blvd S_ 427C 22nd Avenue NE _ _ NIS 58o Avenue NE 3421 56th Avenue NE es lea, L 34120 Na Ies F 14120 Naples FL 34120 J Naoles F 34 FL 34120 Pmkrme to Sub act _ —L 0 49 miles N 1 94 miles W _ 1 82 mil Sales price N - 719500 _ S 10.6621ac Pnce Gros $ TO3,50 P S call Sogce MLS #210000951 MLS #209030557 _20.[00 MLS #209013236 Due ofSBand - lime Admcnent -A �— DESCRIO"ION 7 S mBTION t LS?JI t I DESCNPIIpN i�.i _6SS Adjus 310 1f1u DESCRI,PTION_- _I +i- I`SAdjust 310 _ocahon .GGE Smilal Smear the, Site View opOris hV 2.34 acres Le,0dal 21 _ 1 14 point- _ 0 %,aE 73 acres _in $lac 2ve natural _ � LevPhnaf al LSt t G Stal S . 1 58 acres m 51ac Le e4 atu2 Zonlnl1,_ Estate _ F Cates _ Sates m FnanoTq N/A I Cash or Egwy. Cush or Ehiov Cash or Equiv. Loncesstm5 N r Pd fin _. _- r p _. _' _. S_ — Sate, Value t pf SJUiec A J71 < 7.143 S 10852 ns on Market Tap. Sae. attached addenda. noon CI Apnm'.Sal Sb!ect a 1tl rorno' era c amperes on a 6'a re volt orad bas'. Parent irac Lene Vawe 34 acres x 0lacre = 515.690 lucr e'' uno Co d n s cgn i a Ian'. Taklng oa ra. f,344 ac e: E @500 = E292 No site improvements. no tlamagec [He,, l Compensation: 292 RTE iNE MAnNEi ViIUE 6s pFFINEY, OF $UBJECi PNUPFflTY q5 gf MaV 26 <IJ1 1np'n ?92 ra der=oq SEA - _ _ Did Did Not Pnysrcally Inspect Property eris) Rew¢v+A o mast Ir Jppesaolet v2Kl CoAiel CpunG Gov6mmsc, . Fo-n LOT —'Win OTAL ap nfea s,il by a moon ac — 1 -O r ALAMDDE Agenda Item No. 16A33 July 27, 2010 ri File No ParzaiS@ROOP I Pao ge 13 of 16 SuoolementalAddendum File luol=amel512RDUP BpfmwenCliety Owner, Le Pmsen Addrees EIS Deaoto BNd f; City Naples Coun Collar State EL b2(bode 34117 def Collier County Gov'Gmwth Management Div. • Land Neighborhood Market Factors The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Desoto Boulevard south of Golden Gate Boulevard. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type single- family homesites (1.14 to 5 acres typically) in a semi -rural setting Essential services are within a 35 minute alma into greater Naples to the west. Maintenance levels In the area are generally average. • Land : Market Data The subject and comps are compared on a unit /price ($/acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates zonal 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 $7.143 /acre to $10,852 /acre; given the comparison criteria discussed, a unit price of $8,500 /acre is selected as reasonable for the underlying uniUprice value for the parent tract lands. Parcel 512RDUE The subject parcel is a 10 fl-wide ROW strip located on the west side of the parent tract along Desoto Boulevard. The size of the taking parcel is 1,500 eff or .0344 acres. At the appraised unitiprice of $8.500 /acre the subject parcel has a direct land value of $292. 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 512RDUE is estimated to be: 292. Porn iA00 —wJm TOTAL' appraise; software by a la mode. Inc. — 1800AtAM00f Agenda Item No. 16A33 July 27, 2010 M n Ft Nn. pamdef 5l Pfl�uE rmo�7e 14 of 16 DEFINITION OF MARKET VALUE: Tne most probable price which a prepare should bring in a competitive and open market under all conditions loosened to a fair said the buyer and serial, each acting prudently . knowledgeably and assuming IT. piece is not affected by fraud armadas. Implicit In this delmilidn is the wmmmmatlon of a sale as of a specified daft and the passing of title from seller to buyer under conditions whereby. (I) buyer antl seller are cologne motivated, t2) both Dairies are well informed or well advised and each doting in what he considers Ns own best interest (3) a reasonable time is allowed for exposure in the open ,Parent, (41 cayman Is matle In terms Or cash In U.5 dollars or in terms of financial arrangements comparable hoped and 15) the pace represents the, normal Consideration for the property said hall by basis) or creative hall or sales concessions' granted by anyone associated war ire sale Arp6rm0g5 to lief epmpaiahles rnf9 of matle far special 0r coconuts rebound P sales C.1lob slpns. No adjustments are necessary for chose casts which ace norhrdIV paid by sellers as a made of tradition or law In a mareat area, These costs are crude identifiable ,lose the cope pays these COSTS In theory irk ends IldnaCllens. Special a, cocaine financed adjustments can be made to the 2sufarand property by comparisons to heahcing terms offered by a third party InstlNmearal lender that Is net already Involved in the property or transaction. Any adiustmen should not the calculated on a mechanical dollar for dollar cost of the financing or concession Out the dollar amount of any adlusncent should spandrel (be markets decimal to the loaning or concessions based on the inpraisers judgement STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser 'a cenfhcaaen that appears in the appraisal report is ,doled to the following creditors. 1. The appreser wifl nor be responsible for or of a legal nature that affect rather, me property being shelte etl or of tide to it The appraiser assumes that the title Is good and mdl%elabla arid. Iheretme will not render any opinions about the UOe. The property Is appraised on the basis of d being under responsible ownership_ 2 the appraiser rids provided a sketch In tied harass' reporl to show apprpwmale dimensions of me Improvements and the sketch Is incensed only to assist the leader of Personal in visualizing the properly and understanding the appraiser's determloatlgn of as size. 3. -di apomiser has examined the available fraud maps that as prorded dy me Federal Emergency Management Agency for other data sources) and day noted e the appraisal report whelher one subject site Is roared in an marknide Scroll Fl000 hazard Area Because the appraiser is not a surveyor, he or she makes ad gaara di es. express or lmphCd. repardmp lhs itself, iaimp. 4. The ansonan ,,ill not give lestimcny or appear m cdun because Ire or she made an appraisal at me display in audition, unless occurred arrangements to do so have been made Beforehand. 5. The appraiser has esmmered me value of the .and in the cost approach at Its highest and Deal use and the improvement at their contributory value. These separate volcanoes o; the laic and Improvements must not be used in conjunction with any other appraisal and are Invalid i' they are so used 6 The appraise has reach in one apprucal report any adverse cenitions Isuch as, needed repairs deprecation, the presence of hazamons wsales, eyed subsen.;es etc l observer during Ins especial of the subject pmpemy or that he or sue became aware of during the nemur research rmml in penorning Tire appraisal. Unless otherwise stated m the appraisal report , the appraiser has no kngWedge of any Morten or unadowere conditions of the property of adverse eMlronmereal Wndtions turnaround !be presence of doa,deey waster . toxic subs @rpm. ellf That woulc make the property more or less valuable, add has assumed !hat ;here are no earl condmogs area mares no coarsest or warrannes express or Implied, regarding the condition of rho property the aomider win: net be aspersion for any such conditions chat an Feet or mr any engmderrp or testim; Thal crude be required to discover whelher such conditions exist Because the pprose a not an expert in the Ben of environmental hazards me aporaisal report must riot be considered on an ermm .... to rise >sment of the fro,,ry 7 the apoialser obtained the informatio, . estimatee . one oomions prat were mpressed In the dpprarsal mean Tram sources foal nn s one considers to Be hand and Dora... prom td bn rue am forest. Tw appraise : does not assured resodnntorey for the aoerag of such items that were tumthr4 by Other caries P In appreser will 0, dlstuose Pit contras of the vaulter mpohl except as pronned for In Tne Umtorm. Standards of Professional Appraisal practice. 9 Tne upon lscr has based art or her accrual Ie ✓or ma 'aldliden epneasmn for all auplacal that ea ,-clod to sonsucmry cummellbn repairs or aeourans on tee assumpoe tl 1 someone, armed Impmemnns xi be peorme m a v, ;C,xma,ll,e manner 10 ➢c apP'alsei must provide is or Per prior v'tw co sent anions Ile lerpere cien alcohol +n the appraisal iupon can distribute me appraisal repel pncudie.g confusions arou me ormanno valu, . the appraisers Identity and coalescence: designations. and Matrices to any conceptional appaiyai annuzadons or me fins v.r i -h Iturn Inc apoarser is dasoediedl to anyone other than the borrower; the mongagee or its feccessona and besides- the mortgage Plower conyf laoty- pretesseonal approya '. uncri atippsl do, stale o' federally approved hrapCT31 command or any department choice, or intmmOntallly at me Union States or and stall or the Ursine. of mirreas ezcrea m3 fine order i client pay prs✓Thr, the fairly descopimd se poor o' me report only to data Volturno or aWeeg wMLis,! P✓Ttbppl r3NM to octal, ou denrodef5 prior wnheL colors The appalde5 words courl asp approve must also he oblalmod or me app- EI cal de 0 rl V,c n, any,r, to are pi,11f -,,U1 ":avemC a euso reallpn, fTi as e, or order -indis -m0ne Was Fovm 439 IT 93 Gag. 1 of 2 Fannie Mae Form Ifli 5 -93 Ter County Gdvemmenl Foci FL r d'0 i0.; across, sohwam hs a a mane m_ — i 900 -:I AMJJIIE Agenda Item No. 16A33 July 27, 2010 boan File NO Pamn18 28D page 15 of 16 APPRAISER'S CERTIFICATION: the Appraisicelifies and agrees that: I . t have researched the seoject market area and have selected a minimum at three recent sales of properties most similar and proximate to the subject Property for consideration In the sales comparison analysis and have made a dollar adjustment When approphate to reflect the market reaction to these hems of significant variation. e a Significant Item In a comparable property Is superior to Or more favorable than, the subject property, I have made a negative widespread to reduce the adjusted sales price of the comparable and i1 a significant Item In a comparable property Is inferior to or less favorable than the subject property, I have made a poselve adjustment to increase the adjusted Sales prim of the comparable. 2. 1 have taken into consideration the factors that have an Impact On value In my Development Of the reduced of market value in the appraisal report . I have not de owingly withheld any Signlboard Information from me appraisal report add I create, to the best of my knowledge, that all statements and Information in the appraisal report are true and correct 3 j stated in the appraisal report Only my own personal, unbiased and corrections, analysis, Opinions and conclusions, which are subject only to the eOntmgent and limamg condNons specified in this farm 4. 1 have an present or prospective Interest in me property that 15 the subject to this report and I have no present or prospective personal Interest or bias with respect to the panmlparm In the Lansapuen. I did net base either partally or completely, my Sma y515 goal the estimate of market value In the appraisal repel on the race, color, religion, sex handicap familial status, or national origin of shyer the prospective owners or occupants of the subject property or at the present owners or occupants of the propnces in the vicinity of the subject property'. S. 1 have no present or contemplated future interest in the subject property, and neither my current or tuche employment nor my compensation lot performing this appraisal is contingent on the appraised value of the propel. 6. 1 was not required to report a redetermined value Or direction In value Nat favors the cause at the client or any related panel the amount of the value estimal the attainment of a 5pecre nesul( Or the occurrence of a subsequent event In order to receive tiny Cempensaeon darter employment for performing the appraisal, I did not base the appraisal report on a requested minimum valuation. a Saudis valuation or the peed to approve a specific mortgage loan. 7 1 performed this appraisal in conformity with the Uniform Slantlards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were id place as of the Durance data of this appraisal, with the excaphon of the departure provision of those Slantlards, which does not apply l acknowledge Nat an ¢somata of a reasonable time for exposure in the open market is a condlgon In the deflators N market value and the estimate I developed Is consistent will the marketing time noted In the nexghbormod section of this hear, unless I have otherwise staled In the reconciliation section. 8 1 have pers0lully Inspected the Interior and extenod areas Of the subject property and the. manor of all properties listed as cemparablPS in the appraisal repel. I former Deputy that I have noted any apparent or known adverse coneracrs in the subject Improvements, On the subject ape, or On any ale within the immediate ' vicinity of the subject property 01 which I am aware add have made adjustments for these adverse conditions in my analysis of the properly value to the flabru hat I had market evidence N support them I have also commented about the elect of the adverse donations on the mareetabelty of the subject property. 9. 1 personally prepared all conclusions ado opinions about the real estate that were so forth it the appraisal report If I relied an Sgaidant prodessional assistance from any individual Or Individuals In the performance at the appraisal or the preparation of the appraisal report , I have named such milivlaealts) and disclosed the specific tasks Instrument by them In the reconciliation section of this appralaal report. I secure that any indivldua, se named is qualified N perform the tasks I have not author led anyone to male a charge to any !tern in the local: therefore, if an unaurnariled change Is made to the appraisal report I win take no responsibility for it SUPERVISORY APPRAISER'S CERTIFICATION: If a Sugar appraiser signed the appraisal report he or she cemnes and agrees that I directly Sugarman IN appraiser who prepared the appraisal repot, have revlCNBd the appraisal report bone¢ with the statements and COnclusmrs of the appraise, sores is be bound by the appecerS Depirdations numbered 4through 7 above, and am taking rue responsibility for the appraisal and the appraisal report ADDRESS OF PROPERTY APPRAISED: EIS Desoto emtl 5_, rNaoles F34tH__ APPRAISER: SUPERVISORY APPRAISER (only U required): Signature. _..__ _.._.__. _. —. _ Signature: _......_. Name. Harry Henderson SpA Name'. Date Signed: May 28.2010 2010- Date Signed State Combined, # RD3475 _ _.___ —. State Cemlficabon Ar Of State LICP,nse #. _.._ Or State LIC¢nse #'._ State' FL _ State. __ — vplralmn pate of Celibcatlen ol L cense 11/30 10 Llrectign Date Of CE or Licence mid Did Not Import Preprnry Fmooie Mac Form 439 C -93 Pao, 2 of 2 Form ACA — "WLnTOIAL" appraisal sohware by a he mode, ins.- 1- BDDALAMODE Details Agenda Ite�t* P July 27, 2010 Page 16 of 16 5ia ^ Aerial Sketches It Tn _.__ _I Pra art Record m Notices Current Ownership 3 Parcel No. 40806480004 Property Address 144 DESOTO BLVD S Owner Name LE, LINH DUY � Adrirncen�owueoiTnr_e ovv 3OLDEN GATE EST UNIT 79 S 15OFT OF TR 75 OR 434 PG 64 Section wnship Range Acres Map No. Strap No. 49 28 2.34 4009 350200 75 14D09 Sub No. 350200 GOLDEN GATE EST IT 79 '�^ Mill rmMillaae Total School Use Code �� VACANT 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 parcel was created after the Final Tax Roll Land Value ( +) Improved Value ( =) Just Value J $ 35,100.00 $ 0.00 Date Book -Page Amount 1212009 4519 - 3357 J $ 6,000.00 07 / 2009 4471 -246 OB / 2005 3661 - 3565 11 $ 130,000.00 1 11912000 2724. 1361 J1 $0.001 $ 35,100.00 ( -) SOH Exempt Value & Other Exemptions M Assessed Value (•) Homestead and other Exempt Value E 0.00 $ 35,100.00 $ 0.00 ( =) Taxable Value $ 35,100.00 ( =) School Taxable Value (Used for School Taxes) $ 35,100.00 SOH =' Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http: / /ww�v.collierappraiser .cone /R:coidDetaiI.asp ?Map= &PoIioID- 0000040806480004 6/7/2010