Agenda 09/14/2010 Item #16A 6
Agenda Item No. 16A6
September 14, 2010
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 429RDUE) required for the expansion of Golden Gate Boulevard
from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project
No. 60040.) Estimated fiscal impact: $10,200.
OBJECTIVE: To obtain the approval of the Board of County Commissioners for the purchase
of 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: The subject easement parcel is located on the south side of Golden Gate
Boulevard (Unit 80, Golden Gate Estates) and comprises 4,515 square feet of an improved 1.64
acre parent tract, owned by Angel Crespo, Mayelin Herrada and Rodolfo Herrada. On June 8,
2010, Growth Management staff mailed a letter to the owners inviting them to call to discuss the
sale of the required easement to the County. The owners responded, were initially reluctant to
sell because of current low property prices and indicated that it may be preferable for them to
wait until the market improved. They nevertheless inquired what the County would be willing to
pay for the subject parcel. The Growth Management Division's Review Appraiser, Harry
Henderson, SRA, subsequently prepared the attached appraisal of the subject parcel and
estimated its current market value as of July 16, 2010 to be $7,784. This amount includes
improvements of $5,800 located within the area of the parcel and minor cure costs of$I,100 for
reconfiguration of the irrigation system and re-establishment of the fence line, and is based on
most recent comparative sales data indicating a unit value of $8,500 per acre. After continued
negotiations the owners stated that they were willing to sell the subj ect parcel to County for
$9,750. The attached easement agreement for this amount was prepared by staff and has been
executed by the owners.
Staff is recommending that the Board of County Commissioners purchase the required easement
for the purchase price of $9,750 and believes there are compelling reasons to do so. First, this is
not a distress sale. The property owners can afford to wait for the market to improve. There are
no attorney or experts' fees and the owners are cooperating with staff. 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 going to be paying as much or more for the subject parcel than what the owners are
seeking today.
NOTE: The attached agreement contains a provision whereby the closing date may be extended
at the unilateral discretion of the County, and notice of the extension may be issued to the
property owner / seller by the County Manager or his designee.
FISCAL IMPACT: Funds in the amount of$10,200 will be paid from road impact fees. This
amount includes title work and recording costs estimated at $450.
Agenda Item No. 16A6
September 14, 2010
Page 2 of 15
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 approval. RNZ.
RECOMMENDATION: Based on the above considerations, Growth Management 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 0 f the Board;
2. Accept the conveyance of Parcel No. 429RDUE 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: Robert Bosch, Right-of-Way Coordinator, Transportation Engineering
Attachments: (1) Easement Agreement with Exhibit "A"; (2) Location Map; (3) Appraisal
Report.
Agenda Item No. 16A6
September 14, 2010
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A6
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 429RDUE) required for the expansion of Golden Gate Boulevard from
two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No.
60040.) Estimated fiscal impact: $10,200.
9/14/20109:00:00 AM
Meeting Date:
Prepared By
Robert Bosch
Right Of Way Coordinator
Transportation Engineering &
Construction Management
Date
Transportation Division
8/16/2010 1 :24:51 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/18/201010:14 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/19/2010 2:32 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Division
Transportation Engineering &
Construction Management
8/20/2010 12:45 PM
Approved By
Gary Putaansuu
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
8/23/20103:55 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/24/2010 11 :01 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/24/20103:56 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/25/20106:50 PM
Approved By
Natali Betancur
Transportation Division
Agenda Item No. 16A6
September 14, 2010
Page 4 of 15
Administrative Assistant
Date
Transportation Road Maintenance
8/26/20104:08 PM
Approved By
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
8127/20102:32 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
8/30120104:41 PM
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9171201010:14 AM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/7120101:19 PM
PROJECT:
PARCEL No:
FOLIO No:
Golden Gate Blvd. Project No. 60040
429RDUE
40862600006
Agenda Item No. 16A6
September 14, 2010
Page 5 of 15
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2010, by and between
. ANGEL CRESPO AND MA YELlN HERRADA, husband and wife, and RODOLFO
HERRADA, joined by his wife, CARMEN MARIA HERRERA, whose mailing address is
3490 Golden Gate Boulevard, Naples, FL 34120, (hereinafter collectively 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 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 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
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 County for the sum of:
$9,750.00 to be paid to ANGEL CRESPO,
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 County, 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 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) Road Right-of-Way, Drainage and Utility Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap. Affidavit;
Agenda Item No. 16A6
~e~ber 14, 2010
Page 6 of 15
(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 County, County's
counsel and/or title company.
4. 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 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 County in a form acceptable to County.
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 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 Easement, 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 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 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, 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 here,under and to consummate the
transaction contemplated hereby.
(b) County'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 County 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,
Agenda Item No. 16A6
~e~ber 14, 2010
Page 7 of 15
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 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 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 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 County.
(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 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 Easement to be sold to the County, 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 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
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 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.
Agenda Item No. 16A6
~t'ijber 14, 2010
Page 8 of 15
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 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 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 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. .
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
AS TO OWNER:
DATED: 08"~o 6 - ?.Cl(O
~~re)
A.oe~- M. Bo.relf
~"ntor~ype)
Itness (Signature
(la.rolt n~ SnIo
Name (Print or Type)
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Agenda Item No. 16A6
~e~ber 14, 2010
Page 9 of 15
{'Al./J/'d ~-h
Name (Print or Type)
~atu",)
(!tU'"t~ ~~
Name (Print or Type)
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Witness (Signature)
Approved as to form and
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(l.t-. ...... \:..
Assistant ounty Attomey
Last Revised: 7/21110
Agenda Item No. 16A6
September 14 2010
1 of 15
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GOLDEN GATE BOULEVARD (CR 876)
250 +00
EXHIBIT II
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PR POSED ROAD 'AY EASEMENT
PARCEl 429 ROUE
4.515 so. n.
TRAC 10
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GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK PAGE 18
TRACT 28
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EAST 105' OF
TRACT 27
HERRERA
R 1951/219
CREPSO, HERRADA
& HERRARA
OR 4418/3621
ESTANISLAO
R 3364/1139
DIAZ '" PEREZ
R 4424/287
N
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OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
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PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18
LEGAL DESCRIPTION FOR PARCEL 429 ROUE
TE()f - ROW
FEB 0 1 2010
A PORTION OF TRACT 27, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 2B EAST. COLLiER
COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS f"OLLOWS.
THE SOUTH 43 f"EET OF THE NORTH 93 f"EET OF THE EAST 105 FEET Of" ~D TRACT 27.
CONTAINING 4,515 SQUARE FEET. MORE OR lESS.
lBO ~/~
lICHAEI.~'fiAIftJ; SIJfM'YOR . MAPPER
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NOT VALID wm40ln 1M( 0RJlJIrrK. It RMSlD IMKISSED SDL CtI
" P'1.ORIDA REOrSTERED SUM:W.IR AND .......
o 40 BO
SKETCH a: DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY BCALII: 1'-BO'
FOR: COWER COUNTY GOVERNIotENT BOARD OF COUNlY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCR~ON OF: PROPOSED ROADWAY EASEMENT
PARCEL 429 RDUE
COLLIER COUNTY, FLORIDA
R'lT.AIIC==..,.
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JOB NUMBER
050217.00.01 0001
SHEET
1 OF 1
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Agenda Item No. 16A6
September 14, 2010
Page 11 of 15
LOCATION MAP - PARCEL 429RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
Borrower Owner: CrespolHerrara/Herrada
Property Address 3490 Golden Gate Blvd
City Naples County Collier
Legal Description Golden Gate Estates Unit 80 E 105ft of Tract 27
Sale Price $ N/A Date of Sale N/A Loan Term~ yrs. Property Rights Appraised r8J Fee 0 Leasehold 0 De Minimis PUD
Aclual Real Estate Taxes $ 3,700 (yr) Loan charges to be paid by selier $ N/A Otoor sales concessions N/A
LenderlClient Collier County Gov/Growth Management Div. Address 2885 South Horseshoe Drive Na les FL 34104
(k:cupant vacant Appraiser Harry Henderson, SRA Instructions to AppraiserEstimate Market Value Parent TractlPartial Take
Folio #40862600006 Sub'ect arent tract is im roved with a sin le-tami home which in not im acted b the takin
Location Urban Suburban Rural
Bult Up 0 Over 75% 0 25% to 75% 0 Under 25%
Quwth Rate 0 Fully Dev. 0 Rapid 0 Steady 0 Slow
Property values 0 Increasing 0 Stable 0 Declining
Deman41S~ply 0 Shortage 0 In Balance 0 Oversupply
Mar1leting Time 0 Under 3 Mos. 0 4.6 Mos. 0 Over 6 Mos.
Present Land Use ~% 1 Family _% 2-4 Family _% Apts. _% Condo_% Commercial
% Industlial 40% Vacant %
Change in Present Land Use 0 Not Likely -0 Likely (0) 0 Taking Place (0)
(0) From vacant To single-family
r8J OWner 0 Tenant _% Vacant
$ 60.000 to $ 210,000 Predominant Value $ 110,000
---1.. yrs. to-12.. yrs. Predominant Age 10 yrs.
Census Tract 112.02
IMainFileNo P~~g~~II~ftlJo. 16A6
FileNo. ~1l2 Bt1E 14, 2010
Map Reference S4-T49-R28 2 of 15
LAND APPRAISAL REPORT
State FL
Zip Code 34120
Predoninant Occupancy
Silgle Family Price Range
Silgle Family Age
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 Condnions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Good Avg. Fair Poor
0000
Dr8JDD
Dr8JDD
Dr8JDD
Dr8JDD
Dr8JDD
Dr8JDD
0000
Dr8JDD
Dr8JDD
Dr8JDD
Dr8JDD
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):See attached addenda.
Dimensions 105 x 680
Zoring classilication
Highest and best use r8J Present use
Public Other (Describe)
E8:. r8J
Gas 0
Wa1er 0
San. Sewer 0
o
Comer Lot
TIle undernigned has recited three recent sales of properties most similar and proximate to subject and has considered these In the market analysis. The description Includes a dollar
~ustmenl reflecting market reaction to those ~ems of signilicant variation between the subject and comparable properties. II a Significant item in the comparable property is superior
liJ or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject, iI a sign[icant ~em in the comparable is inJerior liJ or iess
faYOf'abIe than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
fltM SUBJECT PROPERlY COMPARABLE NO.1 COMPARABLE NO.2
Address 3490 Golden Gate Blvd 4270 22nd Avenue NE N/S 58th Avenue NE
Na les FL 34120 Na les FL 34120 Na les FL 34120
PllllIim' to Sub'ect 0.49 miles N 1.94 miles W
Sales Price N/ A
Price Gross $
O;ia Source
Date of Sale and
Time Adjustment
Location
Ie\\'
ra
DESCRIPTION
N/A
GGE
1.64 acres
Level/natural
Estates
MLS#209030557
DESCRIPTION
3/10
Similar
2.73 acres
Level/natural
Estates
in $/ac
in $/ac
in $/ac
Sales or Rnancing N/ A
Concessions
Net Ad'. ala
Indicated Value
of Subject
Comments on Markel Data:
Cash or Equiv.
Cash or Equiv.
Cash or Equiv.
:$
$
10,852
Comments and Conditions of Appraisal: Subject and comps are compared on a $/acre unit price basis. Parent tract Land Value: 1.64 acres x
$8 SOO/acre - $13 950 rounded
See attached Limijin Conditions.
Anal Reconciialion: Takin areal: .104 acres x $8 500 - $884
Total Com ensation: 7 784
Site 1m rovements: $5 800 Minor Cure: $1100
I BnMAft THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF
July 16
~ tobe$ 7,784
o Did 0 Did Not Physically Inspect Property
Collier County Government
Form LND - 'WinTOTAL' appraisal software by a la mode, inc. -1.800-ALAMODE
IMain File No. P~~~nqMfII fMl fflJo. 16A6
RleNo p 1429 ~eotember 14, 2010
. arce FmOE 13 of 1 5
Collier
State Fl
Zi Code 34120
. land: Neighborhood Market Factors
The subject is located in an outlying section of developed Collier County in the Golden Gate Estates area on Golden Gate
Boulevard east of Everglades Blvd. Golden Gate Estates is a sprawling pre-platted subdivision consisting of acreage-type
single-family homesites (1.14 to 5 acres typically) in a semi-rural setting. Essential services are within a 35 minute drive into
greater Naples to the west. Maintenance levels in the area are generally average.
. land: Market Data
The subject and comps are compared on a unit/price ($/acre) basis. This method eliminates the need for direct size
adjustments. The sales cited are all Estates zoned lands located in the general vicinity of the subject. The overall real estate
market has been in decline since late 2005 and remains exceptionally weak.; the Estates market has been especially soft due
to a severe supply-demand imbalance in this area. The sales cited are relatively recent transactions; no time adjustments have
been applied in order to give property owner's every benefit of the doubt.
The indicated unit prices range from $7,143/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 429RDUE
The subject parcel is a 43ft-wide ROW strip located on the north side of the parent tract along Golden Gate Blvd. The size of
the taking parcel is 4,515 sf or .104 acres. At the appraised unit/price of $8,500/acre the subject parcel has a direct land value
of $884. Site improvements within the take include chain-link'fencing, a gate paved driveway, irrigation lines and minor
landscape items; the contributory value of these items is estimated to be $5,800 (inclusive). This partial taking also
necessitates a minor cure involving the re-establishment of the fence line and re-configuration of the irrigation; the aggregate
value of these cure costs are estimated to be $1,100.
No damages are associated with this taking; subject property retains an adequate front yard in the after condition.
The Total Appraised Compensation associated with the taking of parcel 429RDUE is estimated to be:
$7,784
Fonn TADD - "WinTOTAl" appraisal software by a la mode, inc. -1.800-AlAMODE
IMain Rle No. P~~~J!tlltMiffIJo. 16A6
September 14, 2010
Page 14 of 15
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and sener, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicij in this
definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or wen advised, and each acting in what he considers his own best inferest; (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made In telTl1S 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.
"Adjus1ments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those coSlS which are normany paid by sellers as a resutt of tradition or law in a market area; these coSlS are readily identniable
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 instiMionai lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical doUar for donar cost of the financing or concession
but the dollar amount of any adjustment should approximate the markers 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 win not be responsible for matters of a legal nature that affect either the property being appraised or the titie 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 ij being under res~onsible
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 avaiiable 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 sUlveyor, 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 specnic 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 aM 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.) obselVed during the inspection of the subject property or that he or she became aware of during the normal research involved in periorming
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 environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that wouid make the property more or less valuable, and
has assumed that there are no such cOMitions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser win not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist Because the appraiser is not an expert in the field of environmentai hazards, the appraisai report must not be considered as an
envirornnental 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
reliable and berl6ves them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other
parties.
8. The appraiser wiD not disciose the coments of the appraisal report except as provided for in the Uniform Standards of Professionai Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conciusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be periormed 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
Qncluding 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
inslJ'er; consultants; professional appraisal organizations: any state or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
conection or reporting selVice(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained ~ore 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 10048 6-93
Collier County Government
Form ACR - 'WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
IMain File No. P~~~rl&~llrM,"~o. 16A6
September 14, 2010
Page 150f15
APPRAISER'S CERTIFICATION: The Appraiser certmes 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 signfficant
variation. ff a signmcant ijem 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, ff a significant ijem in a comparable property Is interior to, or less favorable than the subject property, I have made
a posijive adjustment 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 signfficant 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 condijions 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 with
respect to the participants in the transaction. I did not base, eijher 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 eijher 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 atiainment of a specific resutt, 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. 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, wijh 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. 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 condijions 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 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 if I relied on signfficant 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 specffic tasks performed by them in the reconciliation section of this appraisal report. I certity that any individual so named is qualffied to perform
the tasks. I have not authorized anyone to make a change to any ijem in the report; therefore, ff an unauthorized change is made to the appraisal report, I will take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: ff a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and 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:
3490 Golden Gate Blvd, Naples, FL 34120
APPRAISER:
SUPERVISORY APPRAISER (only if required):
Signature:
Name: Harry Henderson, SRA
Date Signed: July 16. 2010
Slate Certification #: RD3475
or Slate License #:
Slate: FL
Expiration Date of Certification or License: 11/30/10
Signature:
Name:
Date Signed:
State Certification #:
or State License #:
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 1oo4B 6-93
Form ACR - 'WinTOTAL" appraisal software by a la mode, inc. -l-BOO-ALAMODE