Agenda 09/14/2010 Item #16A 5
Agenda Item No. 16A5
September 14, 2010
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a road right-of-way, drainage and utility easement
(Parcel No. 379RDUE) which is required for the expansion of Golden Gate Boulevard from two
lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal
Impact: $7,780.
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 expansion of Golden Gate Boulevard from
two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard.
CONSIDERATIONS: Parcel 379RDUE is a perpetual road right-of-way, drainage and utility
easement located on the east side of Everglades Boulevard south of Golden Gate Boulevard (Unit 81,
Golden Gate Estates, see Exhibit "A"). The parcel comprises 5,882 square feet of an improved 2.34
acre parent parcel which is owned by Paxon and Kathleen Roan (the Owners). Using the most recent,
comparative sales data, the Transportation Engineering Department's Review Appraiser, Harry
Henderson, SRA, prepared an appraisal of the easement area of the property and has estimated the full
compensation due for the proposed easement at $5,920, based upon the current market value of the
land.
On October 5, 2009, Transportation staff mailed a letter to the Owners inviting them to call to discuss
the sale of the required easement to the County. They replied by requesting information about land
values and wanted to know what the County was willing to pay. After staff provided the Owners with
information about current market values negotiations began over the purchase price of the easement.
Because the Owner's property is located close to the intersection of Golden Gate Boulevard and
Everglades Boulevard, there will be a raised median used to separate the northbound and southbound
lanes on Everglades Boulevard just south of Golden Gate Boulevard (see Exhibit "B"). As a result of
that raised median, ingress and egress to the property over the pavement markings immediately to the
south of the traffic separator's bull-nose will become problematic. Especially since the owners often
trailer their boat to and from the water. The attached exhibit shows how entry to the property from the
southbound lanes on Everglades Boulevard will actually require turning at an angle greater than 90
degrees and require a wide swing with a trailer in tow. Rather than attempt a maneuver like that, it is
more likely that the Owners will be required to travel south on Everglades Boulevard, turn onto a side
street, and fmd a residential driveway into which they can back the trailer and then pull back out and
head in the opposite direction. Because of the difficulty of movement in the after condition, the
Owners have asked for additional compensation bringing the total purchase price to $7,380 (not quite
25% above the appraisal estimate.)
Staff is recommending that the Board of County Commissioners purchase the required easement area
from Paxon and Kathleen Roan for the purchase price of $7,380 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 are no attorney or expert fees because Paxon and Kathleen Roan are cooperating with
staff.
Agenda Item No. 16A5
September 14, 2010
Page 2 of 16
. 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 Owners'
current asking price.
. Furthermore, if we delay this purchase and the market begins to rebound, in three to five years
we are likely to pay as much or more for the subject property than what the Owners are seeking
today.
An Easement Agreement in the amount of $7,380 was prepared by staff and executed by Paxon and
Kathleen Roan.
FISCAL IMPACT: The fiscal impact is the purchase price of $7,380 plus recording fees and title
work not to exceed $400. 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 has been reviewed by the County Attorney's Office and is
legally sufficient for Board action. RNZ
RECOMMENDATION: Based on the above considerations, Transportation staff is recommending
that the Board of County Commissioners of Collier County:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcel 379RDUE to Collier County and authorize the County Manager,
or his designee, to record the easement instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Authorize the County Manager, or his designee, to take the necessary measures to ensure the
County's performance in accordance with the 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: Debbie Armstrong, Assistant Right-of-Way Manager, Transportation Engineering and
Construction Management
Attachments: (1) Easement Agreement with Exhibit "A"; (2) Exhibit "B" (3) Location Map; (4)
Appraisal Report
Agenda Item No. 16A5
September 14, 2010
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A5
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 379RDUE) which is required for the expansion of Golden Gate
Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard
(Project No. 60040) - Fiscal Impact: $7,780.
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Debbie Armstrong
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Division
7/26/20109:32:50 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/27/20102:16 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
7/29/201010:27 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/3/20101:11 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/3/20103:11 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/19/20102:28 PM
Approved By
Jeff Klatzkow
County Attorney
Date
8/20/2010 10:48 AM
Approved By
Gary Putaansuu
Project Manager, Principal
Date
Transportation Division
Transportation Engineering &
Construction Management
8/23/20103:53 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
Agenda Item No. 16A5
September 14, 2010
Page 4 of 16
Transportation Division
Transportation Engineering &
Construction Management
8/25/2010 6:49 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
8126/20103:51 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8127/20102:30 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9171201010:01 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/7/20103:30 PM
Agenda Item No. 16A5
September 14,2010
Page 5 of 16
PROJECT: Golden Gate Blvd. #60040
PARCEL No(s): 379RDUE
FOLIO No(s): 40931000003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of , 2010, by and between
PAXON R. ROAN AND KATHLEEN S. ROAN, husband and wife, whose mailing
address is 140 Everglades Blvd. S., Naples, FL 34117-3725, (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.
2. Owner shall convey the Easement to Purchaser for the sum of:
$7,380.00
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
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Right-of-Way, Drainage and Utility Easement;
(b) Closing Statement;
Agenda Item No. 16A5
~l21ber 14,2010
Page 6 of 16
(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. Such right to extend
may be exercised by the County Manager or his designee for an additional term not
exceeding ninety (90) days without further Board action. All additional extensions
must be Board approved. At Closing, payment shall be made to Owner in that
amount shown on the Closing Statement as "Net Cash to the 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 retrievClI 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.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire "
the Easement or any portion thereof.
Agenda Item No. 16A5
~e~91ber 14, 2010
Page 7 of 16
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
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.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Agenda Item No. 16A5
~etflJflber 14, 2010
Page 8 of 16
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing.
11. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefrt 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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRED W. COYLE, Chairman
Agenda Item No. 16A5
~~ber 14, 2010
Page 9 of 16
AS TO OWNER:
DATED: 7 - ) 1-/{)
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~(fr;i~
PAXON R. ROAN
tJolt,/,Jt /k
Itn ss (SIgnature)
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Name (Print or Type)
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Witness (Signature) 7
Vt~-ftJ2D' /1'''- X. L(2Ul',-,
KATHLEEN S. ROAN
T:Sht5,c Hrf.1-1 ~ f/'(iffv'O
Name (Print or Type)
//
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Name (Print or Type)
Approved as to form and
legal sufficiency:
~~./7
Assistant County Attorney
Last Revised: 7121110
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Septfmber 1 ,2010
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TRACT 97
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JONES & VAUGHN
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NORTH LINE OF
SOUTH 150' OF
\ TRACT 99
TRACT 99
GOLDEN GATE ESTATES
\ UNIT 81
PLAT BOOK 5 PAGE 19
ADKINS
OR 409S/3701
- EAST LINE OF
WEST 5Q' Of
IRACT 99
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PROPOSED ROADWAY EASEMENT
PARCEL 379 ROUE
5,882 SQ. FT.
SOUTH lS0' OF
TRACT 99
ROAN
OR 1712/S51
(SOUTH liNE 01'
, . . TP.ACT 99
!~R
I g I I I
I ~ 1 I
OR OFFICIAL RECORDS
SQ. FL SQUARE FEET
LINE TABLE
Bt.ARING
fi89' 3S'15" E
NOO'28'12"W
N89'33'3'''F
SOO'28'12" E
S89'31'48"W
500'28'12" E
S89'35"5"W
I LENGTH
50.00'
149.73'
4400'
79.05'
10.00'
7069'
34.00'
liNE
L1
L2
L3
L4
LS
L6
L7
TRACT 100-[
(BOOK/PAGE)
3ZQj
[ZZ]
TEeM - ROW
FEB 0 1 2010
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY CASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PL!8l1C PER PLAT BOOK 5, PAGE 19
LEGAL DESCRIPTION FOR PARCEL 379
ROUE
A PORTION OF TRACT 99, GOLDEN GATE ESTATES, UI,IIT 81 AS RECORDED IN PLAT BOOK S, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTh, RANGE 28 EJI,ST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMEt<CING AT THE SOUTHWEST CORNER OF SAID TRACT 99;
THENCE N.89' 35'1S" E., ALONG THE SOUTH lI~JE OF SAID TRACT 99, FOR SD.OO FEET A POINT ON THE EAST LINE OF
THE WEST SO FEET OF SAID TRACT 99 AND THE POINT OF BEGINNING OF THE HEREI~, DESCRIBED PARCEL;
THENCE N.OO'28'12"W., ALONG SAID EAST LINE, FOR 149.73 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
lS0 FEET OF SAID TRACT 99;
THENCE N.89.33'31"E., ALONG SAID NORTH LINE, FOR 44.00 FEET;
THENCE 5.00.28'12"E., FOR 79.05 FEET;
THENCE 5.89'31'48"W., FOR 1 0.00 FEET:
THENCE S.00'28'12"E., FOR 70.69 FEET TO A POINT ON SAID SOUTH LINE;
THENCE S.89'3S'lS"W., ALONG SAID SOUTH LINE, FOR 34.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL
CONTAINING 5,882 SOUARE FEET. MORE OR LESS.
o <0 80
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCAlE: 1.~80'
FOR: COLUER COUNIY GOVERNMENT BOARD OF COUNIY COMMISSIONERS
180
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f1.ORtOA REC1STAATlON C7!JRil ~fJi.E: ,0 5301
SIGNING OIITE; ~ {)
NOT VIlUO WiTHOUT tHE ORlO"tNAl SlGN~T . !.m E:UBCSSED SDo.l.; or
" FLORID'" REGlSTtRto PftOFESS1DNI.1. SU I:. OR AliD lMPPER:
GOLDEN GATE BOULEVARD
SKETCH &. DESCRrPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 379 RDUE
COLLIER COUNTY. FLORIDA
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CONSULTJ,NO UriI~
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6610 Willow Park DriVe, Suilf:l200
Naples, Florida 34109
Phon&: {239) 597-0575 FAX; (239) 597-0578
LB No.: 6952
FILE NAME
SK 379
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LAND APPRAISAL REPORT
State FL
Zip Code 34117
Predominant Occupancy
Si~1e Family Price Range
Si~1e Family Age
Borrower Owner: Roan
Property Address 140 Ever lades Blvd S.
City Naples County CoBier
Legal Description Golden Gate Estates Unit 81 S 150ft of Tract 99 OR 1712 PG 551
Sale PrIce $ N/A Date of Sale N/A Loan Term~ yrs. Property Rights Appraised [8] Fee 0 Leasehold
Actual Real Estate Taxes $ 1,159.09 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Cient Collier County Gov/Growth Management Div. Address 2885 South Horseshoe Drive Na les FL 34104
Occupant owner Appraiser Harry Henderson, SRA Instructions to AppraiserEstimate Market Value Parent TracVPartial Take
Folio #40931000003 Parent tract is 1m roved with a sin le-fami dwellin which is unaffected b the take
LDcation Urban Suburban Rural
Bulft Up 0 Over 75% [8] 25% to 75% 0 Under 25%
Growth Rate 0 Fully Dev. 0 Rapid 0 Steady [8] Slow
Property Values 0 Increasing 0 Stable 0 Decfining
Demand/Supply 0 Shortage 0 In Balance [8] Oversupply
Marketing Time 0 Under 3 Mos. 0 4-6 Mos. [8] Over 6 Mos.
Present Land Use ~% 1 FalTily _% 2-4 Family _% Apts. _% Condo_% Commercial
% Industrial 40% Vacant %
Change in Present Land Use 0 Not Likely -0 Likely (0) 0 Taking Place (oJ
(0) From vacant To single-familv
o Owner 0 Tenant _% Vacant
$ 60,000 to $ 230,000 PredomlnantVaiue $ 115,000
---1. yrs. to~ yrs. Predominant Age 10 yrs.
Census Tract 112.02
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appealto Market
Good Avg. Fair Poor
0000
0[8]00
0000
0000
0000
0000
0[8]00
0000
0000
0[8]00
0000
0000
Comments inCluding those factors, favorable or unfavorable, affecting marketability (e.g. pUblic parks, schools, view, noise): See attached addenda.
2.34 SQ. Ft or Acres Corner Lot
Present Improvements 0 do 0 do not conform to zoning regulations
The undersigned has recited three recent sales of properties most similar and pro~mate 10 subject and has considered these in the market analysis. The description includes a dollar
~ustment reflecting market reaction to those items of signilicant variation between the subject and comparabie properties. Ii a signilicant lIem in the comparable properly is superior
to or more favorable than the subject properly, a minus (.) adjustment is made thus reducing the indicated value of subject; iI a signilicant lIem in the comparable is inferior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject
ITEM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO.2
Address 140 Everglades Blvd S. S/S 22nd Avenue NE N/S 58th Avenue NE
Na les FL Na les FL 34120 Na les FL 34120
Proxim' to Sub'ect 0.49 miles N 1.9 s W
Sales PrIce
PrIce Gross
Data Source
Date of Sale and
Time Adjustment
Location
S' lew
To ra
Zoni
9697/ac
22 000
DESCRIPTION
N/A
GGE
2.34 acres
Level/natural
Estates
in $/ac
In $/ac
in $/ac
Sales or Financing N/A
Concessions
Net M. ota
Indicated Value
of Subject
Comments on Market Dati.:
Cash or Equiv.
Cash or Equiv.
Cash or Equiv.
9,697
Comments and Conditions of Appraisal: Subiect and comps are compared on a $/acre unit price basis. Parent tract Land Value: 2.34 acres x
$9 SOD/acre = $22,230.
rovements in take: $2,090
I ESTIMATE THE MARKET VAWE, AS DEFINED, DF SUBJECT PROPERTY AS OF
May 28
2010 to be $ 5,920
Harry Henderson, SRA
A Iser s)
[Y2K]
o Did 0 Did Not Physically Inspect Property
Collier County Government
Form LND - "WinTOTAL" appraisal software by a la mode, inc. -1-BOQ-ALAMODE
Supplemental Addendum
IMainFileNo P~~~rnq)!fllr&M~o. 16A5
File No. Parcel 379~tl~tember 11~ ~~ ~ ~
Collier
State FL
Zi Code 34117
. Land: NeiAhborhood Market Factors
The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Everglades
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 drive into greater Naples to the west. Maintenance levels in the area are generally average.
. Land : Market Data
The subject and comps are compared on a unit/price ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate
market has been in decline since late 2005 and remains exceptionally weak.; the Estates market has been especially soft due
to a severe supply-demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have
been applied in order to give property owner's every benefit of the doubt.
The indicated unit prices range from $7, 143/acre to $9,697/acre; given the comparison criteria discussed, a unit price of
$9.500/acre is selected as reasonable for the underlying unit/price value for the parent tract lands.
Parcel 379RDUE
The subject parcel is a varying-width ROW strip located on the west side of the parent tract along Everglades Blvd. The size of
the taking parcel is 5.882 sf or .14 acres. At the appraised unit/price of $9,500/acre the subject parcel has a direct land value
of $1,330. .
Site improvements within the taking area include a section of paved driveway and natural vegetation. The site improvements
are valued at $2,090 (inclusive of grading clearing. etc). As part of the road construction plans a concrete roadway divider will
be built on the subject section of Everglades Blvd. This will prevent left-out turns and direct left-in turns into the subject
driveway. The owner has indicated that this creates an inconvenience and potential safety hazard since he often trailers a boat
; his ingress and egress with the boat trailer would appear to be problematic enough to justify a damage, say $2,500.
The Total Appraised Compensation associated with the taking of parcel 379RDUE is estimated to be:
$5,920
Form TAOD - 'WinTOTAL' appraisal soflware by a la mode, inc. -1-80lJ..ALAMODE
IMain FileNo. P~e~PM.w:II~elrlJJo. 16A5
September 14, 2010
Page 14 of 16
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under an conditions
requisi1E to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicn in this
definition is the consunvnation of a sale as of a specmed date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or wen advised, and each acting In what he considers his own best Interest; (3) a reasonable time Is allowed
for exposure In the open mar1<et; (4) payment Is made In tenns of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property 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 costs which are normally paid by sellers as a result of tradition or law in a mar1<et area; these costs are readily identifiable
since the seiier pays these costs in virtually aU sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party instil11lionaJ lender that is 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 certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for mailers of a legal nature that affect either the property being appraiSed or the titie to n. The appraiser assumes that
the IitIe is good and marketable and, therefore, will not render any opinions about the litJe. The property is appraised on the basis of n being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specmc arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so 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 inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmentll conditions (inciuding the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or Implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
coooitions exist Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
enviroM1enla1 assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
re6able and believes them to be true and correct The appraiser does not assume responsibiiity for the accuracy of such items that were furnished by other
parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisai that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(mcluding conclusions about the property value, the appraiser's identity 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. consultants; professional appraisal organizations; any state or federally approved financial insti1ution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service{s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising. public relations, news, sales, or other media.
Freddie Mac Form 439 6-93
Page 1 of 2
Fannie Mae Form 1004B 6.93
Collier Coun1y Government
Form ACR - "WinTOTAL" appraisal software by a Ia mode. inc. -1.800.AI.AMODE
IMain File No. P~~~~)itll t~r~O. 16A5
September 14, 2010
Page 15 of 16
APPRAISER'S CERTIFICATION: The Appraiser cert~ies and agrees that
1. I have researched the subject market area and have selected a minimum of 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 appropriate to reflect the market reaction to those items of significant
variation. "a signnicant nem in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, n a slgn~icant item in a comparable property is inferior to, or less favorable than the subject property. I have made
a positive adjusbnent to increase the adjusted sales price of the comparable.
2. I 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 signnicant information from the appraisal report and I believe. to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. i stated in the appraisal report only my own personal, unbiased, and professional analysis. opinions, and conclusions, which are subject only to the contingent
and limiting condnions specified in this form.
4. I 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 wlth
respect to the participants in the transaction. I did not base, enher partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, 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. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal Is contingent on the appraised value of the property.
6. I 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 spec~ic valuation, or the need to approve a specnic mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure proviSion of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the 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 stared in the
reconciliation section.
8. I have personally inspected the interior 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
vicirUty of the subject property of which I am aware and have made adjusbnents 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 conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. " 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 indivldual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is Qual~ied to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, n 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 report. he or she cert~ies and agrees that
I directly supervise the appraiser who prepared the appraisal report. have reviewed the appraisal report. 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 appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
140 EverQlades Blvd S., Naples, FL 34117
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature:
Name: Harry Henderson, SRA
Dare Signed: May 28, 2010
Stare Certification II: RD3475
or State License II:
Stare: FL
Expiration Date of Certification or License: 11/30/10
Signature:
Name:
Date Signed:
State Certification II:
or State License II:
State:
Expiration Date of Certification or License:
o Did 0 Did Not Inspect Property
Freddie Mac Form 439 6-93
Page 2 of 2
Fannie Mae Form 1004B 6-93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-60Q-ALAMODE
Agenda Item No. 16A5
September 14, 2010
Page 16 of 16
LOCATION MAP
Golden Gate Boulevard Project 60040
Parcel 379RDUE
Folio Number: 40931000003
Name: ROAN, PAXON R
Street# & Name: 140 EVERGLADES BLVD S
Legal Description: GOLDEN GATE EST UNIT 81 S 150FT OF TR 99 OR 1712 PG 551