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Agenda 07/27/2010 Item #16A34Agenda Item No. 16A34 July 27, 2010 Page '1 of 17 _. EXECUTIVE SUMMARY Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 354RDUE) and to accept the donation of a temporary driveway restoration easement (Parcel No. 354TDRE) which are 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: $12,502.00. 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 and to accept the donation of a temporary driveway restoration easement. These easements are required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. CONSIDERATIONS: The first easement, identified as Parcel No. 354RDUE, 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 7,200 square feet of an improved 2.81 acre tract which is owned by Ellen Libby Dunkelberger. 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 $1,570 (based on $9,500 per acre). Using the current / 2009 assessed valuation of $28,750 per acre, the value of the land in the easement area is $4,752. There are also improvements located in the casement including chain link fencing (across the entire easement area), a roll away gate, landscaping and gravel driveway material. Mr. Henderson has valued these improvements at $7,400 bringing the total compensation for Parcel No. 354RDUE to $12,152 at its current / 2009 assessed value. The second easement, Parcel No. 354TDRE, is a temporary driveway restoration easement comprising 529 square feet and is being conveyed at no cost to the County. On June 17, 2010, Growth Management staff mailed a letter to Ms. Dunkelberger inviting her to call to discuss the sale of the required easements to the County. Ms. Dunkelberger called on July 9th and inquired as to what the County was willing to pay. Staff provided her with information about current market values and assessed values. On July 12'h she called and stated that she was willing to sell if the County would compensate her at the current assessed value plus the value of the improvements in the area of the easement. An Easement Agreement in the amount of $12,152 has been prepared by staff and has been mailed out to the owner for her execution. Staff is recommending that the Board of County Commissioners purchase Parcel No. 354RDUE at a purchase price of $12,152 and also recommends acceptance of the donation of Parcel No. 354TDRE, and believes the following are compelling reasons to do so. This is not a distress sale. The property owner can afford to wait for the market to improve. There arc no attorney fees and Ms. Dunkelberger is cooperating with staff. Agenda Item No. 16A04 July 27, 2010 Page 2 of 17 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. Finally, 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 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 15`n FISCAL IMPACT: The fiscal impact ($12,502.00) is the purchase price of $12,152 plus recording fees and a title insurance premium not to exceed a total of $350. 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: That the Board of County Commissioners of Collier County: 1. Authorize its Chairman to execute the Easement Agreement 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 Nos. 3541tDUE and 354TDRE to Collier County and authorize the County Manager, or his designee, to record the easement instruments 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: 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. 16A34 July 27, 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A34 Item Summary: Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 354RDUE) and to accept the donation of a temporary driveway restoration easement (Parcel No. 354TDRE) which are 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 $12,502.00 Meeting Date: 7/27 /2010 9:00.00 AM Prepared By Rebecca Harding Property Acquisition Specialist Date Transportation Engineering & Transportation Division Construction Management 711312010 1:05:57 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 711 3/201 0 1:36 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7113/20101:49 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 7/13/2010 243 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 711312010 4:00 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7113/2010 5:21 PM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering & Transportation Division Construction Management 7(14,'2010 7:18 AM Approved By Jeff Klatzkow County Attorney Date 7114,'201C 10:30 AM Approved By Agenda Item No. 16A34 July 27, 2010 Page 4 of 17 Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 7/14.2010 10:51 AM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 7114120101:10 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/1412010 1:37 PM Approved By Susan Usher ManagementlBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 711912010 9:49 AM Approved By Mark Isackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/19/2010 10 26 AM Agenda Item No. 16A34 July 27, 2010 Page 5 of 17 PROJECT GOLDEN GATE BOULEVARD PARCEL NOs. 354RDUE and 354TDRE FOLIO NO: 40925840004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into on this day of 2010, by and between ELLEN LIBBY DUNKELBERGER, a single woman, whose mailing address is 2880 Golden Gate Blvd. E., Naples, FL 34120, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF- WAY, DRAINAGE AND UTILITY EASEMENT (Parcel 354RDUE) for the purpose of improving Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and Desoto Boulevard, and WHEREAS, County requires a TEMPORARY DRIVEWAY RESTORATION EASEMENT (Parcel 354TDRE) for the purpose of constructing a new concrete driveway apron connecting Owner's driveway to the new edge of pavement; and WHEREAS, Owner is the record title owner of certain lands located in Collier County, more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter individually referred to as "354RDUE" or "354TDRE' and collectively referred to as the "Easements "), and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easements to the County for the stated purposes, on the terms and conditions set forth herein: and WHEREAS. County has agreed to compensate Owner for conveyance of the Easements. 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. Owner shall convey the Easements to County for the sum of: $12,152.00 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 Easements 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 Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner shall convey the Easements to County, in a form acceptable to County. Said conveyance (Owner's delivery to County, of properly executed easement instruments) is hereinafter referred to as the "Closing." r�2 , Agenda Item No. 16A34 Page 2July 27, 2010 Page 6 of 17 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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) Temporary Driveway Restoration Easement, (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit, (e) W -9 Form, and (f) 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 County, County's counsel and /or title company. Both Owner and County 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 County, provided, however, that County 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 County's enjoyment of the Easements. 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 County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. 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 Easements, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County 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 Easements 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 County 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 is the earlier. T { Agenda Item No. 16A34 page 31uly 27, 2010 Page 7 of 17 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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) County's acceptance of the Easements 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 County has any right or option to acquire the Easements 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 Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (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 Easements or which adversely affect Owner's ability to perform hereunder, nor is there any other charge or expense upon or related to the Easements which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County 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 Easements 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 Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, 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 Easements except as specifically disclosed to the County, that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easements to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the property underlying the Easements: b) any existing or threatened environmental lien against the property underlying the Easements, or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses including without limitation reasonable paralegal and n , Agenda Item No. 16A34 Page 4July 27, 2010 Page 8 of 17 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 County 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. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County 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 Easements, 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. 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 Easements 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 Easements before the Easements held in such capacity are conveyed to County. (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 Easements, or any interest in the property underlying the Easements. 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 County. 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. W �, Agenda Item No. 16A34 Page 5July 27, 2010 Page 9 of 17 AS TO COUNTY: DATED. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, Clerk COLLIER COUNTY, FLORIDA BY Deputy Clerk FRED W. COYLE, Chairman AS TO OWNER: DATED.____ Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney (,MRe,sed &18/10 ELLEN LIBBY DUNKELBERGER ti w x I .IL R[ ^lns El GOLDEN GATE 13OULEVARD (CR 2gti -Da OD In. Da )i'Too =EN ,(I'. _^ F IWA' JHmNpIL l.'dp uT_ C MFN ,FOJL1 < NC x, r AIL _DIUILp CCR ^F'SIA. 1F ".r —L< COOK F H F i LEGAL DESCRIPTION FOR PARCEL 354 RDUE �d PROPOSED ROADWAY EASEMI ' PARCEL 354 ROUE ,. FL' �-' C C IT s ,01IIn try I_ NA_.IF a_ H RA., ^,E A —LU, Agenda Item No 16A34 July 27, 2010 �e 1 of 17 21ITDO 2)' +00 ", EXHIBIT Pa` ! of i i TRACT 56 TRACT 57 TRACT 72 GOLDEN GATE ESTATES UNIT 81 PLAT BOOK 5 PACE 19 I I Ar f� W + E Dt I .IL R[ ^lns El oTII" �ncq 50!inFI, =EN ,(I'. _^ F IWA' JHmNpIL l.'dp uT_ C MFN ,FOJL1 < NC V' T ASFII AIL _DIUILp CCR ^F'SIA. 1F ".r —L< COOK F H F i LEGAL DESCRIPTION FOR PARCEL 354 RDUE �d 1 =AQ -)Lk ,. .. i,, -Tr.1T l - ... k F N IT '1XII o JF 'Y II" lI' ,. FL' - LF. ,01IIn try I_ NA_.IF a_ H RA., ^,E A —LU, TH 4 '_L 1 -'1` - I, :I A -T 1 ill I 11 f,:� ... j i. 1: 11' _J F 1 V" ,L .. .. -ECM - ROW FEB 0 1 2010 o �o no so SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY scnu. =na' FOR. CC, IER COUNT, "V_RNW I" P01FO COIN- LOMM Fi0NERD GOLDEN GATE DESCRIPTION SKETCH & DESCRIPT109' CF': PROPOSED ROADWAY EASEMENT PARCEL 354 RDUE COLLIER COUNTY, FLORIDA Ty . �,TT�,n« , -S'U, ..T.Amov o[mso2YdL B B sro T le « ox µ muw�wse, sc� o cr.�o ..w.. fio,4 vow zoo Pnmw 12)9159>BSiS .V ISJ9159`dPB LB NO 6BSt AJ A s S I.._ GOLDEN GATE BOULEVARD (CR 876) �C '.1490 2 00 7� -JC d .00 0 l NG +In 9. Of I \ L4 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT PARCEL 354 TORE i19 50 N T LP1 C RxCI O 5, TRACT 57 GOLDEN GATE ESTATES UNIT 81 PLAT BOO IK 5 PAGE 19 [AS' '30 OF TFaACI c7 i L 1',NELL TG MORTBA c RCS f 5/642 FR Agenda -1,em No. 16A34 July 27. 2010 ?ale 11 of 17 P3 1 owT or �CUMMCNCFMFNI O M 0'r -1 eF��N NC L2 TRACT 72 f:= F.'IAI RF. ^JF S /I190K, I A- N ,0 FT SOL)AVE ffET h DM G dFTd )9v CRI q<y r'. _ iJRA GN FAS MFhI (TL'RL) N — e PI 'DTI V L FMLK1 (RD.P r /-I IN, RO 11,4 J ,F F -[ J Mk I-. kPLL1AL 1 CF TN _ 'FT 100N S 1,,JE iI S LEGAL DESCRIPTION FOR PARCEL 354 TORE I sy vcr'T " -I I L , Iv AI AT hl) j" OF T,11 '-B-JS COL, �L J - F- ' 'N a T TmN,r f +v J A reE c0 LJ- ,A_Ivi °. DF. __ _ 1,1� �4�I HI �FSIVI {, 4a II:I .AN$. t r (1 17i Ni ,INC ., A 'T 'J f Nt G I /'. 7 i,,! E.. if :_y ILL t,L T;AC7 -)R l A PUNT DN TFE SOuM LIN-- N(> �'F',.0 IL E "v;. f -'. I7L I,' 0'1 :: 1H. POINT OF BEGINNING C ' . I. h I S L �., rI TS )J r ^C L, Ti11: POINT OF BEGINNING V- -,'.E �E ?Elrl DLSC - -ec� r -a zcs� TECM - ROW OIJI r.I �S. P FEB 0 1 2010 0 40 110 15D uw n. PF ,,jjjSSIOMti'�U 0 50. k Wa.0 SKETCH & DESCRIPTION ONLY -- 1.1P,R S11 i0 �`�%'j /p 901 NOT A BOUNDARY SURVEY -01 vn.OV ,P oewuw rove k/ °usco�.eap sc0 sw c: FOP COLLIER COUNTY GOVEHNMEN' 9VARD Of COUWtt COMMIISS'� DnFRS ,Picnre[DFPVO,cmu.ut isumxmn u,v GOLDEN GATE BOULEVARD VAITA°`� DO EQP-�q SKETCH & DESCRIPTION OF PROPOSED TEMPORARY DRIVEWAY CONSULTING Aµ� PARCEL 354 TDRE RESTORATION EASEMENT uem wvio. r.x D..... e�w e00 «me m,w COLLIER COUNTY. FLORIDA ao,=IVei nsionee v,a�els>a�e ie c9,x A a < r +. Eti t0 MW e j& �, a 'eF- Z•'•'11 4 4 1 1' I' { i Y -ti Ilk rlf D �'79N Agenda Item No. 16A34 July 27, 2010 Men File No. Pancel 35411ni 13 of 17 LAND APPRAISAL REPORT GGB Fate No. Parcel 354RDUE Borrow Owner. Dunkelbemer Census Tmct 112.02 Map Reference S7- T49 -R28 Property Address 2880 Golden Gate Blvd E. City Naples County Collier State FL Do Code 34120 Legal De adpton Golden Gale Estates Unin 81 E 1 80f of Tract 57 Sale Price S N/A Date of Safe NIA Loan Term NIA yrs. Prop" Rights Appraised ® Fee LJ LeasehNtl LJ De Wrimis PUG Actual Real Estate Tacos $ 3.530.03 yr) Loan charges to be paid by seller S N/A Offer sets concessions N/A Lmdar/Clie t Collier County Gov /Growth Management Div. Address 2885 South Honeshce Drive Naples FL 34104 Occupant owvaer Appraiser Ham Henderson BRA Instructions to ApproserEstimate Market Value Parent Tract/Partial Take Folio #40925840004 Parent Hecl b Improved with a si le -fami tweet which is me Na ted lo Me take toodon Urban Subulbm Rund Built Up ❑ Over 75% ® 25% to 75% ❑ Under 25% Growth Pate ❑ Fully Dew. ❑ Rapid ❑ Steady Slow Property Values ❑ Increasing ❑ Stable Z Declining Demand/Supply ❑ Shortage ❑ In Balance ® Oversupply Marketing Time ❑ Under 3 Mos, ❑ 4.6 Mos. ® Over 6 Mos. Present Land Use 65%1 Family _ %2.4 Fantly _ %Acts. _ %Condo_ %Commercial %Industrial 35% Vacant Good Avg. Fair Poor Employment Stability ❑ ❑ ® ❑ Convenience to Employment ri ® ❑ ❑ Conventeme to Shopping ❑ ® ❑ ❑ Convenience to Schools ❑ ® ❑ ❑ Adequacy of Public TranspoNatian ❑ ® ❑ ❑ Recrealorel FacilNes ❑ ® ❑ ❑ Adequacy of WgtiM ❑ ® ❑ ❑ _% Change in Present Lantl Use � Not Lm y ® Likely I') ❑ Taking Pace (•1 (') From vacant To sbwte-famih, Predominant Occupancy ®Owner El Tenant —% Vacant Single Family Price Range S 60,000 e $ 230,000 Predano are Value $ 115.000 Single Famiy Ape 1 yrs. to 25 M. Predominant Age 10 yrs. Property Convertibility ❑ ®❑ ❑ Protection; ffom Detrimental Condmans ❑ ®❑ ❑ Pages and Fire Pfulsoul ❑ ® ❑ ❑ Genaal Appearance of Properties ❑ ® ❑ ❑ I Appeal to Mallet ❑ ® ❑ ❑ noise): See attached addenda. Comments imkoding those factors, favorable a urdworable affecting marMlabllly (e.g. public parks, schools, view, Dimensions 180 x 660 = 2.61 Sq. R or Acres Corner Lot Zoning classification Estates f2 25 acre conformug lot s¢e min.l Present Improvements Z do ❑ do not coolant to zoning regulations Highest and best use ® Present use Public Obver (Describe) ITE IMPROVEMENTS Topo Level Etc. ®Public ❑ Prvde Sue Compatible with area rAcms Gas ❑ ad am Shape Rectangular Water ❑ ® Public ❑ Private Viand Nei hborhood San. Sewer ❑ im ❑ Curb/Guta Drainage Appears to be adeouate ❑ Underground Elect. B Tel. ❑Strad Lifts Is BR propry, beater In a HW MenOW Spool Flood lbW AM? ®NO ❑Yee Comncents revocable or untwnable mca lne arty aMaem adverse eas s, erxmarhmMa, a Nvr advise candtaa): Zone D Comm #12OD67CO250G dtd 11117105 No adverse conditions observed. T ical madwa and /or pausameter Lififty easemems exist on the sfte; than are common in the area and do not of act value. The undenstned has nomed tint aces sales of pWptla moat skntla and pmbmea to subect and has corRtaed mesa in to maaa areyfls. Tiro donal n bctdu a dnta aboun l whi aina mend necton to dose bms of elpttcam variation how een ill sub)ect and committee pmpatles, t a sinflau h tam T tN compaabt Property Is RgerlR to or mare bvaraenB man ffe Nat prepery, a Manus (-) equipment Is made thus REOcep ON tdlcired Mlle of sub#cL t a slpllllcpn tern In die proposal Is Interior to or less favorable than the subject Prop", a plus ( +) adjustment is made Ras Increasing the indicated value of the subject. REM I SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE NO. 2 —COMPARABLE NO. 3 Address 2880 Golden Gate Blvd E. S/S 22nd Avenue NE NIS 58th Avenue NE S/S 22nd Avenue NE Naples. FL 34120 Naples, FL 34120 Naples FL 34120 Naples, FL 34120 Provinafty to Sub act r. miles N 1.94 miles W 1.82 miles SW Sams Price N/A 9.158 /ac MINES 71431ac 9697/ac 011 22 000 MLS#210013582 Price Gross 25 000 19,500 MLS#209030557 Data Source MLS#2090332B4 Date of Sat and DESCRIPTION DESCRIPTION +- Allts DESCRIPTON +- Adjust DESCRIPTION +- Action. Time Adjustment N/A 3110 3/10 5110 Looadon I GGE Similar Similar Similar S' law 12.81 acres 2.73 acres in $lac 2.73 acres in Shuc 2.27 acres in $lac Topography Levelmallral Levetneturat Level, aturel Le.1 /natural Zoning Estates Estates Estates Estates Sales or Financing N/A Cash or Equiv. Cash or Equrv. Cash or Equiv. Concessions + Nnt Ad. obi _ + _ Indicted Value of Subject 8158 7143 S 9,697 Comments an Market Oat: See etached addenda. Comments; and Candi ions of Appraisal: Subject and comps are compared on a $ /act unit once basis- Parent tram Land Value: 2.81 acres x $9 500/ecre = $26.695. See attached Larrifirso Conditions. Rnal Aeconclliabon Taking ame1:.1653 acres acres x $9,500 = $1 570 Site Im ovements in take: $7 400 Total Compensation: $8,970 1 ESTIMATE THE MARKET Yaella, AS DEFINED, OF sUEJFOT PROPERTY AS Of M8y 28 2010 lobe $ 8,970 Ham Henderson BRA ___ ❑ Da ❑ Did NM Physically Inspect Propery Aooreiserlsl Aeviaw Appraiser (ff apphcabe) MKj Collier County Govermnem Fonn LND — WNnTOW appraisal software by a IS mode, ec. — 1- B00ALAMODE Agenda Item No 16A34 July 27, 2p10 4of17 Supplemental Addendum ni.a. e___,,..o .' Bortower /Ci OwmarDunkshoorper Pro Address 2880 Golden Gate Blvd E. C Na lea County Collier State FL b Cede 34120 Lender Collier County Gov /Growth Mena ement Div. • Land ; Nelahborhood Market Factors The subject is located In an outlying section of developed Collier County in the Golden Gate Estates area on the south side of Golden Gate Boulevard, Golden Gate Estates is a sprawling pre- platted subdivision consisting of screagetype 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/prim ($ /acre) basis. This method eliminates the need for direct size adjustments. The sales cited are all Estates Wood 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 soh due to a severe supply - demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have been applied in order to give property owners every bent of the doubt. The indicated unit prices range from $7,143/acre to $9,897 /acre; given the comparison criteria discussed, a unit once of $9,500 /acre m selected as reasonable for the underlying unit/prim value for the parent tract lands. Parcel 354RDUE The subject parcel Is a 4011 -wide ROW strip located on the north side of the parent tract along Golden Gale Boulevard. The size of the taking parcel is 7,200 sf or .1653 acres. At the appraised unit /once of $9,5001acre the subject parcel has a direct land value of $1,570. Site improvements within the taking area include a section of gravel driveway, a chain -link fence and gate, minor landscaping (mostly natural vegetation) and grading /clearing typical for a single - family homesite.. The contributuroy value of these site improvements is estimated at $7,400 inclusive of fence reconfiguration costs. The Total Appraised Compensation associated with the taking of parcel 354RDUE is estimated to be: $8.97 Form TARO — "WnTDTAL' appraisal software by a Is mode. inr. — 1- 800- ALAMODE Agenda Item No. 16A34 July 27, 2010 15 o{ 17 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all cinakos requests to a fair ask, the buyer arid selk(, each acting pndmdy, knotvlpfpeably and assuming the price Is not affected by anft appears. Nggcit in this defdtion is the cosummabon of a sale as of a specified date and the passing of We Nom seller to buyer urger conogas whereby: 0) buyer and seller are typically mobva nd; (2) both parties an will Informed or at advised and each strong in what he considers his Own best interest; td) a reasmabk tlme is allowed for exposure In the open market; (4) payment Is made in terms of cash in US dollars or in terms of financial arrangements comparable Mgmto; and (5) the price represents the moral consdenanom for the property sold ureouri by special or creative final or sales concessions` graded by anyone associated with Me sale, `A6USMms 11 the COmparaft must be made talk special or creative firan sing or sales concessions. No adjustments are necessary for these cask which are normally paid by seers as a result of happen or law In a market are; these costs are readily Idenphable since the solve pays these costs N vlchuslry all sales transactions. Speplal or creative financing adlustmams can be trade to the comparable property by comparisons to rimming terms offered by a third party tnsgadional krda that Is not already 4nmwed N the property or transaction. Arty adjustment should not be calculated an a mechankal dollar for dollar cost of the fnaniong Or commission ben Me dollar amount of any adlusMW about 8PPMAMte the Metal mactal to the financing an concessions based on the appraiser's admen em. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's purification that appars in the appraisal report Is subject to hie tolowing condaons: 1. The appraiser will not be rspansible far matters at a legal nature that affect either the property bang appraised or the title to f. The appraiser assumes that the He is good ark marketable and therefore, will not render any opinions about the rape. The property is appraised an the basis of it being one responsible ownership. 2. The appraiser has provided a sketch In the appraisal match to show approximate dimensions of the Imarcromems and the skercb Is Included a" to assist the reader of the mean in visualktng the pmpady and understanding the boardsefs determinable of is die. 3. The appraise has roamred the available flood maps that are provided by the Federal Emergency Management Agency for offer data scums) and has noted in the appraisal twit whebew Me subject she Is dcated In an imntbied Special Rood Raised Area. Because the appraiser is M a surveyor, he or she makes no guarantees, express or implied, regarding this dekrtnfreoan. 4. The appraiser wig not give testimony or appear in couch because he or she made an appraisal of the property In quesbon, udess spalfic brangerrrerds to do an have been made addressed, 5. The appraiser has estimated the value of the land In the cost approach at its hlghesf and best use and the hrgnovemems at that contributory value. TWA separate valuations of the land and uncommonness must not be used In cobjunctfon wan any oft appraisal and are imald f the/ are so used. 6. The appraiser has Rated In the appraisal report any adverse outcome (such as needed repairs, depmUaoon, the presence of hazardous waste, drip substances, etc.) observed during the Inspection of lie subject property or that he or she became aware of during the normal research arrived of patterning the appraisal. Urmss otherwise stated In the appraisal report an appraiser has no knowledge of any hidden or wrapparem cordlpons of the property or adverse environmental candli (including the presence of haTZrdo d; walks. that substances, etc.) Nat wood make the property mote or less valuable, and has assumed that there are no such cordlllom and makes no guaramms or warranties, express m implied, regarding me cordiion of the properly. The appraiser will rot be responsible for any such condition that dot exist or for any engineering or testing that mom be required to discover what such condaions exist. Because the appraiser is not an expert In has field of envimnmemal hazards, the appraisal repel must not be considered as an environmend ass¢ssmed of the property. 1. The appraiser caused the information, estimates, and Opinion that were expressed in the appraiser mooch from sources that he or she considers to be raliam and believes them to be tme and correct The appraiser dos not assume responsibility for the accuracy of such trams that were furnished by other pares. 8, The appraiser will not discese the consents of Me appraisal report euept as provided for In the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and vaaatlon conclusion for an appraisal Nat is subject to sensately comphrour repairs, or alterations on Ile assumpoon that COMMO On Of the improvements will be performed In a wonkmedike manner. 10. The appraiser must provide his or her than written consent before the lender /died specfied In the appraisal report can disulbule the appraisal report (including concdUons about the papery value, the appraiser's nearly and professional dsignations, ark references to any professional appraisal organizations or ace firm with which the appraiser is associated) to anyone oft Nan the bonmaer, the mortgagee or Its successors ark assgns; the mortgage resumer, consueams; professional ammisal organizations; ary stale or federally approved financial InstNdon; Or any deparnnent, agency, or reprehensibly of the Untied States or any stale or the District at Columbia: except that the lender /client may distribute the property description section of the retch any to data collection or repordng service(e) without having to obtain this appraisers prior wages comers The appraiser's written coreers and approval mrst also be obtained before hie appraisal can be conveyed by anyone to the public Trough advertising, public relations, novas, sales, or other media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie We Form 101D4B 6-93 Collier Counts Government Forth ACR — "WinTOTAL" appraisal software by a Is made. inc.— 1- 800- ALAMODE Agenda Item No. 16A34 July 27, 2P10 5480NE tM16 of 17 APPRAISER'S CERTIFICATION: The Appaisercenhies and agrees that 1. 1 have researched the subject marked area and have selected a minm red of than recent saes of boosting most similar and PrWmate to the subject property for consideration In the sales compareson armings and have mane a dolor adjustment when appropriate to veiled the market reaction to those hers of signfhcant vauabon. d a significant item in a comparable property Is superior tie, or more favorable Nan, the subject propel I have made a negative adlustri to reduce the adjusted sales Pon of the comparable and ff a significant hem in a comparable property, is Interior to. at Ins bringing, than the subject property, I have made a follow adjustment to Increase the adjusted sales once of the comparable. 2. 1 have taken load considerandn she factors that have an impact on value in my daveiopmem of the estimaa of market value in die appraisal report. I have opt urowirgly wMMld arty significant inonnation from the appraisal report and I behove, to the best of my knowledge, that all $Mmnts and inmmaeon in the appraisal report are true and cancer. 3. 1 stated in the appraisal report any my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject Orly to the cmrpen and limiting Carol speclied in this farm. 4. 1 have no tinders or prospective interest in the property that is the subject to this mean, and I have no present or prospective persuml irnered or bias who respect to the Commands in the talaacaon. I did act base, ehhr panaly or complany, my anal is and/or pie agents of m l value In the appraisal report on the race, all raiglon, sex. handicap, farnlial status, m nnioral origin of odor the prospective owners or occupants of the subject property or of the present owned or occupants of the propeNes in the vicinity at the subject property. 5. 1 have no present or contemplated future interest In Ih subject property, and of my Curren or f rd re employment nor my on anon tot residual this appraisal is conral on the appraised value at the property. 6. 1 was not required to report a Predetermined value or direction in value that favors the cause of the diem or and related party, the amout of the value asbramm, the attainment of a spmdic result, or the occumance, of a subsequent evert In order to receive my compensation seat employment for Worming lie appraisal. I did not base to appraisal report an a obtained minimum lateral a specfic valuation, or the need to approve a Sp CMC mortgage loan. 7. 1 performed this appraisal In conlonal who the Dnlforrn Standards of Progssieal Approval Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Fdteaabon and that were m Pace as Of the ehetlne chloral the appraisal, VIM the eeepbon of the departure proNSlan of those Standards, which does nor a ay. I acknowledge mat an estimate of a reasonable time for exposure In tie now market is a condition In Cg, definition of marked value and the estimate I developed is consistent with the marketing time holed in the neighborhood section of this report , Locos I here otherwise stated In the reconciliation section. 8. 1 have personally inspented the hall and Weior areas N me subject property and the daeipr of all properties listed as commo nos In ft appraisal report I tuner certify that I have noted arty apparent or known adverse cordaons in tin subject improvements, on the subject die, or on any an within the immediate vicinity of he subject property Of which I am aware and have made adlusaments for these adverse condifions in my metals of the property veto to the Wen that I had market evidence to support them. 1 have also commented about the effect of this adverse comparable on the marketability of the subject property . 9. I personally prepared all conclusions and opinions about the real estate hat were set IoM in Me appraisal repon. h I relied on signhican professional assisarge from and individual or idea ltluals in the performance of the appraisal of dre preparation of the appraisal report I Have mmed such madwi agsl and diseased the specific tasks performed by them in the reconcifinfon section of Ns appraisal noon. I certify that any individual so mired is qualified to perform me asks. I haw 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 Chad no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: a a supervisory appaise, signed the appraisal report he or she comme, and agrees Mn: 1 directly suoenvise the appraisal who prepared tie appraisal report, have reviewed the appraisal report agree who the statements and concusi ers of the appraiser, agree to be bound by the appraiser's cedi ical rembered 4 through 7 dome, and am taking full responshdlpy tar the appraisal and the appraaal moon. ADDRESS OF PROPERTY APPRAISED: 2880 Golden Gate 13tvd E. Naples PL 34120 APPRAISER: SUPERVISORY APPRAISER (only It required): Sigmare: _ _ Signature Name Harry Henderson, SRA Name'. Dag Signed: May 28 2010 Data Signed: Stale Cendicatan Of RD3475 State Cenificahon k: or State License x'. or Slate License x_ Stag: FL Sate. Expiration Date of Gemination or License'. 11/30/10 Expharon Date of Corplpation or `I Did -] Did Not Inspect Property Page 2 of 2 Fxeae Mae Form 1DD4B 6.93 Farm AG — 'W1nTOTAL' appraisal software by a Is mode, Inc. — 1- BOUAtAMODE Details Agenda Item No. 1 (� July 27, - 1 Of 1 3� Pge(j't� "— Property Record It- _ ___. P Y Aerial Sketches !! Tnm Notices Current Ownership Parcel No. 40925840004 I Property Address 2880 GOLDEN GATE BLVD E Owner Name DUNKELBERGER, ELLEN LIBBY Addresses 2880 GOLDEN GATE BLVD E City NAPLES State FL Zip 34120 -0 Legal GOLDEN GATE EST UNIT 81 E 180FT OF TR 57 Section Township =1 —Range cres Map No. Strap No. 7 28 2.81 4D07 350800 57 04D07 Sub No. 350800 GOLDEN GATE EST UNIT 81 �wh Millaae Area Ill illa q Total School Use Code 1 SINGLE FAMILY RESIDENTIAL L_. 80 6.4101 11.6491 5.239 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 $ 80,788.0 Ot / 2010 ��� 09 / 2008 IL 02 / 2005 L 02 / 2002 1112000 Book - Page 4529 - 2542 4395 - 263 3732-736 2974-2665 2739 - 2635 Amount $ 165,000.00 $ 100.00 $ 410 000.00 $ 30,000.001 $ 19,000.00 H Improved Value ( =) Just Value ( -) SOH Exempt Value & Other Exemptions I $ 222,242.00 $ 303,030.00 $ 0.00 7) Assessed Value m ..loestead and other Exempt Value —J $ 303,030.00 $ O.DO ( =) Taxable Value $ 303,030.00 ( =) School Taxable Value (Used for School Taxes) 11 $303,030 00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly, - , - �X 01, 7g15 I , 7 i!,)vr1�0>