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Agenda 07/27/2010 Item #16A37Agenda Item No. 16A37 July 27, 2010 Page 1 of 16 A EXECUTIVE SUMMARY Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel No. 390RDUE) containing 16,767 square feet, which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $10,800.00). 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 needed along the western property line of Tract 3, Golden Gate Estates, Unit 77, and contains a total of 16,767 square feet or 0.385 acres. Using the most recent, comparative sales data, the Division of Transportation's Review Appraiser, Harry Henderson, SRA, prepared an appraisal of the easement area of the property estimating its current market value at $3,273 ($8,500.00 per acre). The current / 2009 assessed value of the needed easement area is $9,625.00 ($25,000 per acre). On June 17, 2010, Collier County Transportation Division invited the owners, Robert Willis and Lisa Willis, to discuss the sale of the required easement to the County. On or about June 25, 2010, Mr. Willis contacted the assigned Property Acquisition Specialist to discuss the County's invitation. Through continued negotiations, the owners have agreed to sell the required easement to Collier County for the purchase price of $9,625.00 (at the exact current / 2009 assessed value). Staff is recommending that the Board of County Commissioners purchase the required easement area from Mr. and Mrs. Willis for the purchase price of $9,625.00, 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 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 th preliminary 2010 assessed values on July 15. Agenda Item No. 16A37 July 27, 2010 PLlae 2 of 16 FISCAL IMPACT: The fiscal impact is in an amount not to exceed $10,800.00 and includes the $9,625.00 negotiated purchase price; a title search fee, a title insurance premium, lender subordination fees, and recording fees not to exceed $1,175.00. 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 Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 390RDUE (16,767 square feet along the westerly property line of Tract 3, Golden Gate Estates, Unit 77) 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: Michelle L. Sweet, Property Acquisition Specialist, Right -of -Way Acquisitions, Transportation Engineering, Growth Management Division Attachments: (1) Easement Agreement; (2) Location Map; (3) Appraisal; (4) 2009 Final Tax Roll Agenda Item No. 16A37 July 27, 2010 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A37 Item Summary: Recommendation to approve the purchase of a Perpetual, Non - exclusive, Road Right -of- Way, Drainage and Utility Easement (Parcel No. 390RDUE) containing 16,767 square feet, which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No 60040 (Fiscal Impact: $10.800). Meeting Date: 7/27/2010 9'.00'.00 AM Prepared By Michelle Sweet Property Acquisition Specialist Date Transportation Engineering 8 Transportation Division Construction Management 7/212010 11:13:57 AM Approved By Debbie Armstrong Project Manager Date Transportation Engineering 8 Transportation Division Construction Management 7121201011 :23 AM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Engineering 8 Transportation Division Construction Management 7/6/2010 8:08 AM Approved By Jeff Klatzkow County Attorney Date 7/812010 11:02 AM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering 8 Transportation Division Construction Management 7112!2010 9:47 AM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering 8 Transportation Division C onstniction Management 711212010 1:00 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 7112!20101:43 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 7/12!2010 2:30 PM Agenda Item No. 16A37 July 27, 2010 Page 4 of 16 Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division I ransporration Planning 7/12/2010 4:28 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/13/2010 1:24 PM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 711412010 9:11 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 711412010 10:14 AM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7116/2010 6:25 PM Approved By Mark Isackson Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 711 71201 0 12 03 PM Agenda Item No, 16A37 July 27, 2010 Page 5 of 16 PROJECT: 60040 Golden Gate Boulevard PARCEL No(s): 390RDUE FOLIO No(s): 40680200002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 2010, by and between ROBERT WILLIS and LISA WILLIS, husband and wife, whose mailing address is P.O. Box 110395, Naples, Florida 34108 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a perpetual, non - exclusive road right -of -way, drainage, and utility easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "), and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. Owner shall convey the Easement to Purchaser for the sum of: $9,625.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3 Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, -- Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in Agenda Item No, 1GA37 Page 2July 27. 20 10 Page 6 of 6 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 (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. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements') located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. Agenda Item No. 16A37 Page 3July 27, 2010 Page 7 of 16 (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. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser, that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement, b) any existing or threatened environmental lien against the property underlying the Easement, or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. Agenda Item No, 16A37 Page 4mlY 27, 2010 Page 8 of 16 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. 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. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 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. Agenda Item No. 16A37 Page 51uly 27, 2010 Page 9 of 16 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: t /� Witness (Signature) Name (Print or.LType) Witrt ss('Signature) Name (Print or Type) r i Witness (Signature) Name (Print or Type) Witness (Signature) mt�l.�ll. Name (Print or Type) Approved as to form and legal sutfcienoy, AL Assistant County Attorney Last Revised 6118110 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman ROBERT WILLIS r' LISA WILLIS s I � Ik6Cf 3 „ , w v I Four oT rr or � C�JMM r:I Mr NT " TRACT h ROADWAY EASEMENT CEL 390 ROUE ETUT 'SJ FT ,ILLS I u r* e TRACT 3 GOLDEN 'GA -E ESTATES UNIT 77 PLAT BOOK 5 PAGE 15 sa TI na T i r+ � TRACT I :_XHiBrr INE TABLE INF 9FAH,NG �. L' K8931 O` E ' I1 F1 2'F 14 N891 WF _5 I ,00 28 12 "F j I%i ?_ I:'. '0QV l A Ai.,r E lS - L9 I A9 'fj "W . u GOLDEN GATE BOULEVARD ��T %A °i0. SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT n//` v CONSULTING ayr 90 RDE PARCEL :390 11 1 \ T W1 1 Suny &MAppi, COLLIER COUNTY, FLORIDA nwias, Tmnmea AOv vno.e »sv rx.Ie3elmzos,a , v LE3 .t;ass LU I Four oT rr or � C�JMM r:I Mr NT " TRACT h ROADWAY EASEMENT CEL 390 ROUE ETUT 'SJ FT ,ILLS I u r* e TRACT 3 GOLDEN 'GA -E ESTATES UNIT 77 PLAT BOOK 5 PAGE 15 sa TI na T i r+ � TRACT I :_XHiBrr INE TABLE INF 9FAH,NG �. L' K8931 O` E ' I1 F1 2'F 14 N891 WF _5 I ,00 28 12 "F r A89 11 na'F ?_ I:'. '0QV l A Ai.,r E lS - L9 I A9 'fj "W . 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Willis _ Census Tract 112.02 Map Reference S5- T49 -R28 Property Address 130 Everglades Blvd N. _ City Naples County Golfer StateFL Zip Cetle 3412_0 Legal Description Golden Gate Estates Unit 77 Tract 3 Sale Price S N/A _ Date of Sale N/A _ Loan Term N/A yrs. Property Rights Appraised <LNaples _. Leasehold I De Moves PUD Actual Real Estate Taxes $ 1.851.80 tyr) Loan Charges to be paid by seller $ N/A Other sales concessions NIA Lender/Client Collier County Gov /Growth Management Div. Address 2885 South Horseshoe Driv FL 34704 Occupant owner Appraiser Har�nderson. SEA- Instructions to Appraiser Estimate Market Value Parent Tract /Partial Take Folio #406680200002 (Supper parent is improved with a sin le- family dwelling. these im rovements are not tin acted b takin Location [_l Urban 17d Suburban Rural Built Up Over 75% >I25 %to75% Under 25% Growth Rate [__ Fully Day J Rapid Steady F Slow Property Values 'I Increasing Stable I K: Declining Demand/Supply ; Shortage In Balance [XJ Oversupply Good Avg - Fair Poor Employment Stability - ❑ 1>1 Convenience to Employment Z n Convenience to Shopping J Q '._J ❑ Convenience to Schools ❑ ❑; Marketing Line I. Under 3 Mos. I i 4 6 Miss. 0 Over 6 Mons. Adequacy of Public Transportation ❑ L_ ❑ Present Land Use 60 %1Famiry-_ %24Family _ %Ants % Cando _ %Commercial Recreational Facllltles ❑ ® ❑ I _ %Industrial 40% Vacant % Change in Present I and Use F Not Likely %; Likely i'1 Taking Place (•f Adequacy of Utilities Z ❑ - Property Compatibility f From vacant To single-family Protection from Detrimental Conditions �1 [�� ❑ Predominant Occupancy [ ' Owner Tenant ---% Vacana Police and Fire Protection ❑ ®'L�', ❑ Single Family Price Range $ 60 000_ _ to S 230 000 _ Predominant Value S 115,000 _ General Appearance of Progenies 1 ❑ ❑ Single Family Age 1 yrs. to 25 yrs. Predominant Age 10 yrs Appeal to Market ,I � �_ ❑' Comments including those factors , favorable or unfavorable , affecting marketability (og. public parks , schools , view , noise) See attached addenda. Dimensions 330.680 = 5.15 Sq. Ft. or Acres L Corner Lot _ Zoning classification Estates (2.25 acre conforming lot size min.) present improvements 71 do do not conform to zareng regulations Highest and best use [- ] Present use [ Other fspecdy) Public Other (Describe) OFF SITE IMPROVEMENTS Tape Level BILL Ix" iPUbnL ovate . ° Slze Compatible whh area Gas L _] Machine - _ _. _ _ Surface m - i Shape Rectangular - Water -- _... i] Maintenances [' Public Pnvffie Mew Neighborhood_ San Sewer ,_. _' Storm Sewer Curb/Guder IDrainage Appears to be ode uate Underground Pact BTel� _. Sidewalk '_ Street ttgnts 'Isthe property located In a HUD Identified Special stood Huard Area? ❑Nor -;Yes Comments gavarame or unfavorable pending any apparent adverse easements . encroachments m other adverse condeponsl. Zone D CommR120067CO250G did 11 /17/05 No adverse conditions observed Typical roadway and/or parameter utility easements exist on the site. these are . common to the area and tlo _comm_ �- -- not im act value. The undersigned has netted three recent sales of pmpmies Most similar and Proximate to subject and has conssdered these In the market analysis . The description ino ad,, a dollar adjuprowel reflecting market reaction to [lose dams of significant venation between tire subect and comparable properties II a significant dem in the comparabie property is superior to or more favorable than the subject property - a minus hI adjustment is made thus reducing the indicated value of subject h a significant MET in the comparable is interior to of less favorable than the serpent property, a plus (;) adjustment Is made thus increasing the indicated value of the subject ITEM _ SUBJECT PROPERTY_ _COMPARABLE NO I COMPARABLE NO2 COMPARABLE N0. 3__ Address 130 Everglades Blvd N. 4270 22nd Avenue NE N/S 58th Avenue NE 3421 56th Avenue HE Names FL 34120 Na Ie-s FL 34120 the !Las . FL 34120 Naples FL 34120 Proxtmn to Sub led _ 0.49 miles N 1.94 miles W 1.82 miles SW Sales Price N/A S 8.333/ac S 7.143/ac S 10.852/ac Price Gross $ S _._ 9,500 __S_ 19,500 $ 28,000 Dads Source - - Date of Line AdNS[meltt _- _— DFSCRIPTION MLSR210000931 DESCRIPTION �L 1S M1us1 -- MLS #209030557 - __ DEBCRIPTION �+,- S Acre I MLSg209018236 - _ _ -. _.DESCRIPTION +f-f$Abpst. untrieand Lo.ation Sae View N/q 1 31p GGEimda 5 15 acres 1 toes- to $ /ac _- 310 Simlar-- r... 1310 _ Similar__ —_- 2 acres in $tan Gres in $ /ac Topoy Far h� Level /natural Leve natural w - v Level naWml Level /natural 2onto Estates �E.tates Estates _ _. Estate s -_ t Sales or Financing Concessions N/A Cash or Equrv. Cash or Egmv. Cash or Equlv. Net Act . iota) _ _ q 5....__. -'- -' �' -'� Indicated Value o. Subject 15 8.333 $ 7 -143 $ 10.852 Comments an Market Data See attached addenda, Comments and Conditions of gppratsal: Suntl comps are. compared on a $nacre unit nice basis . Pare nt tract Land Va toe . 5.15 acres x $ssnaa.re= $43.776. __....— See attached Limiting Contllbons. Final Reconciliation Taking-parcel 385 acres x $8 500 $3 273 No site improvements, no damages. Total Compensation: $3.273 1 ESTIMATE THE MARKET VALUE, AS -DEFINED, OF SUBJECT PROPERTY AS OF -. _ May 28 2910 tv" 112 $ 3.273 Harry Henderson SRA _ _ _ '_ Did ! Did Not Physically Inspect Property Appraiserls) Review Appraiser (if applications ^I Collier County Government Form LND- 'Wm -0TAL' appraisal softwarz by a Is mode, inn -1- 800- ALAMODE Supplemental Addendum Main File No Pa¢e1390 e S2F y �, u. 16A37 File Na. Parcel 39ORDUE July 27. 2010 13 of i 6 r /ClierA Owner: Willis Address 130 Eve P Na les County Collier Slate FL _ Zip Cpde 34120 _ Coiled County Gov/Growth Management ON • Land' Neighborhood Markel Factors The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate Boulevard. Golden Gate Estates is a sprawling pre - platted subdivision consisting of acreage -type single - family homesues (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 uniuprice ($/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 $7,143 /acre to $10,852 /acre; given the comparison criteria discussed, a unit price of $8,500 /acre is selected as reasonable for the underlying unit /price value for the parent tract lands. Parcel 39ORDUE The subject parcel is a varying width ROW strip located on the west side of the parent tract along Everglades Boulevard. The size of the taking parcel is 16,767 at or .385 acres. At the appraised unit /price of $8.500 /acre the subject parcel has a direct land value of $3,273. No site improvements or damages are associated with this taking parcel. The Total Appraised Compensation associated with the taking of parcel 39ORDUE is estimated to be: $3,273 Form TADD— MinTOTAC appraisal smiware by a la mode, im.. 800 ALAMODE Maio File No. F —. 16A37 July 27, 2010 Page 14 of '16 DEFINITION OF MARKET VALUE: The most probable coup which a property should bring in a competitive and open market under all condhions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price Is not affected by undue stimulus. Implicit In this deputation 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) bath ponies are well mfermed 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 properly sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions No adjustments are necessary for those casts which are normally food by senors as a result of reunion or law In a market area, these costs are readily idaneflable 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 party institutional lender that its not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or 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 certificates mar 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 title 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 rewhershlp. 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 of the re erd In vjsualizing 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 (or other data sources) and has noted in the appraisal Aron 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 tip so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its mginum and best use and the Improvements at their contributory value. These Separate valuations of the land and Improvements must net be used In conjunction with any ether appraisal and are invalid If they are se used 6. The appraiser has noted in the appraisal report any adverse conditions (such as needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the dispersion of the subject property or root he or she became aware of during the normal research Involved in performing the appraisal. Unless otherwise stated In the appraisal traders, the appraiser has no knowledge of any hidden or Inapparent conditions of the property or adverse environmental conditions lincluding the presence of hazardous wastes, toxic substances, are. that world make the Property morn or less valuable, and has assumed that there are no such recallions and makes no guarantees or warranties, express or implied, regarding the condition at the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or peeling that might he required to discover whether such conditions exist. Because the appraiser Is not an expert In the field GI environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information estimates and opinions mat were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does net assume responsibility for the accuracy of such items that were furnished by other parties 8. The appraiser will net disclose the contents of the appraisal mead except as provitletl for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal Peron and valuation conclusion for an appraisal that is subject to satisfactory cempjetiGn repairs, or alterations on the assumption that competition of the improvements will be surnamed in a workmanlike manner. 18 The appraiser must provide his or per prior wnten console before the lender'client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser; idenel and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser Is associated) to anyone other than the borrower', the mortgagee or its successors and assigns, the mortgage Insurer 0onsonance professional appraisal organizations) any state or federally approved financial Nstiunionl or any department , agency, or instrumentality of the United Slates or any state or the District of CAWmeal except trial the lenrencllent may distribute the oOpedy descrrptlbp section of the hoped only to data collection or reasoning servidefs) without having to obtale fine appraisers prior written careful The appraisers written consent and approval must also be obtained borers the appraisal can be conveyed by ensure to the public through advertising public relations_ news, sales, or piker media. Mac form 439 6 -93 Page 1 of 2 Fannie Mae Form Colder County Government Form AIR — ovinTOTAI' appraisal software by a la mace. roc. — 1- 899 -ALANI Main File NO. a e ,16A37 ft�v Iva ir..l,. Ally 27, 2010 Page 15 of 16 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of pastures most similar 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. It a significant item 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 at the comparable and it a significant Item in a comparable property Is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value In the appraisal report . I have not knowingly withheld any significant information from the appraisal apart 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 limping 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 did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report an the ace, color, religion. sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity, of the subject property. 5. 1 have no present or contemplated future Interest in the subject property. and neither my current or future employment nor my compensation for remaining this appraisal is contingent 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 client or any related party, 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. I did 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 Beard 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 definition of market value and the estimate I developed is consistent with the marketing time noted in The neighborhood section of this report , unless I have otherwise stated in the reconciliation section. 8. 1 have personally Inspected the lubber and exterior areas of the subject property and the exterior 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 on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the. extent that I had market evidence to support them. I have also commented about the effect of the adverse crucifers on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report. I have named such individual(s) and disclosed the specific tasks performed by them In the reconciliation section of this appraisal repel- I certify that any individual so named Is qualified to perform the tasks. I have not authorized anyone to make a change to any hem in the report . therefore, if an unauthorized change Is made to the appraisal report. I will take no responsibility for it SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal repot he of she certifies and agrees that I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal repon agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appalsal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 130 Everglades Blvd N. Naples FL 34120 APPRAISER: SUPERVISORY APPRAISER (only if required(: Signature. _. Name: Harry Henderson. SRA Date Signed May 28. 2010 Slate Certification #- RD3475. _ or State License vy Slate: FL _ Expiration Date of Certification or License: Signature: Ns., Date Signed. _ State Certification or State License #. State Expiration Date of Certification or License I I Did Dirt Not Inspect Property Freddie Mac Form 4396 93 Page 2 of 2 Fannie Mae Form 19048 6 -93 Farm ACR -- "W rITDTAL' appraisal software by a Is mode. Inc. — 1 -800-ALAMODE Details Agenda Itetp Jul -7, 2010 Page 16 of 16 Current Ownership Parcel No. J 40680200002 Property Address 1 130 EVERGLADES BLVD N Owner Name WILLIS, ROBERT =B LISA Addresses Po BOX 110395 - - -�� City LNAPLES -- State FFL -- —��— Zin 34108 - 107 Legal GOLDEN GATE EST UNIT 77 TR 3 Section Township _ Ran e Map No. Strap No. —---t �_ I ' I 49� 5.15 ! JIB 4D05 349600 3 041 �-__- 34� EST LIMIT 77 Total School ' M llage Area '�uMillaae u - -7 —_ 11 SINGLE FAMILY RESIDENTIAL Use Code .�a 80 6.4101 �� 11.6491 5.239 See Instructions for Calculation 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 �� § 128,750.00 Date Book - Pare 77 - - - -- J 1 Amount ( +) Improved Value - P _ 1 =)Just Value -5190;095.001 S 318,705.00 -- _ 07 ( 1996 2205 - 1952 J� S 22.500.001 ( -) SOH Exempt Value & 01 tier Exemptions x5109,620 00 —20T (_) Assessed Value IT ( -) Hornestead and other Exempt Value _ _150,000.00 (_) Taxable Value 1L5158,965.00 ( –I School Taxable Value (Used for School i xus) - vo ies exempt vawe aue to cap on assessment increases. The Information is Updated Weekly . r i http: /hv��w a;llierlpplaisc: conVReco :I)c!aiL t p .." 1 »p 'iP „Poll) '0000�'U6ROZ0(IC %0_'. ;1 �,!'�10