Agenda 09/28/2010 Item #16A14
Agenda Item No. 16A14
September 28, 2010
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (parcel No. 256RDUE) 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: $9,550.
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 51, Golden Gate Estates) and comprises 7,200 square feet of an improved 2.34
acre parent tract, owned by Jose E. Sotolongo and Eva R. Sotolongo. 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' son responded on their behalf, informed staff that
they may be willing to sell the subject easement to the County and 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 August 13, 2010 to be $9,055. This amount
includes improvements of $6,650 located within the area of the parcel and minor cure costs of
$750 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 $10,000 per acre. The
owners stated that they were willing to sell the subject parcel to County for $9,100, being its
aforesaid appraised value rounded to the nearest $100, and they have executed the attached
easement agreement prepared by staff for this amount.
Staff is recommending that the Board of County Commissioners purchase the required easement
for the purchase price of$9,1 00.
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$9,550 will be paid from road impact fees. This
amount includes title work and recording costs estimated at $450.
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.
Agenda Item No. 16A 14
September 28, 2010
Page 2 of 15
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 of the Board;
2. Accept the conveyance of Parcel No. 256RDUE 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. 16A14
September 28, 2010
Page 30f 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A14
Recommendation to approve the purchase of a road right-of-way, drainage and utility
easement (Parcel No. 256RDUE) required for the expansion of Golden Gate Boulevard from
two lanes to four lanes between Wlson Boulevard and DeSoto Boulevard. (Project No.
60040,) Estimated fiscal impact: $9,450.
9/28/20109:00:00 AM
Meeting Date:
Prepared By
Robert Bosch
Right Of Way Coordinator
Transportation Engineering &
Construction Management
Date
Transportation Division
9/13/20109:25:10AM
Approved By
Gary Putaansuu
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
9/13/201012:21 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
9/13/20104:24 PM
Approved By
Kevin Hendricks
Manager ~ Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
9/14/20109:34 AM
Approved By
Norm E. Feder, Ale?
Administrator ~ Transportation
Date
Transportation Division
Transportation Administration
9/14/201010:08 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
9/14/201011:45 AM
Approved By
Najeh Ahmad
Director ~ Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
9/14/20103:15 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
9/14/20105:06 PM
Approved By
Agenda Item No. 16A14
September 28, 2010
Page 4 of 15
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
9/15/20109:25 AM
Approved By
Jeff Klatzkow
County Attorney
Date
9/16/20109:48 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/18/20104:21 PM
Approved By
Leo E. Ochs, Jr,
County Manager
Date
County Managers Office
County Managers Office
9/19/20109:58 AM
Agenda Item No. 16A14
September 28,2010
Page 5 of 15
PROJECT:
PARCEL No:
FOLIO No:
Golden Gate Blvd. Project No. 60040
256RDUE
39382520004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referJ"d to as the "Agreement") is
made and entered into on this...3L day of t::ltJ-1cClS7 ,2010, by and between
JOSE E. SOTOLONGO AND EVA R. SOTOLON 0, husband and wife, whose mailing
address is 3680 Gincreek Road, Goshen, AL 36035 (hereinafter referred to as
"Owne~'), 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:
$9,100.00
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 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
andlor 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;
Agenda Item No. 16A14
p~ember 28,2010
Page 6 of 15
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Fonm; 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 andlor 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 erther 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 iocated 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 perfonmance 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 andlor 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:
(aJ 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) 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.
Agenda Item No. 16A14
p~ember 28,2010
Page 7 of 15
(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, 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.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, fonnal or infonnal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perfonm
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 lis 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 tille.
9. County shall pay all fees to record any curative instruments required to clear tille,
and all Easement instrument recording fees. In addllion, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and deiivery 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
Agenda Item No. 16A14
pa'gie4ember 28,2010
Page 8 of 15
compensation amount in Paragraph 2 which may be required by any mortgagee,
lien-holder or 01her encumbrance-holder for the protection of its security interest,
or as consideration due to any diminution in the value of its property right, shall be
the responsibility of the Owner, and shall be deducted on the Closing Statement
from the compensation payable to the Owner per Paragraph 2.
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as
of the date of Closing.
11. This Agreement and the temns 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, andlor 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 pe~ury, of the name and address of every person having a
beneficial interest in the property underiying 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 undertying 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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRED W. COYLE, Chairman
AS TO OWNER:
DATED; '3~~I-)OIO
II/-(04 ~~
Witness (Signature)
A Lt=XI5 Pli"j)/?....
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~itness (Signature)
TAVIeV' .5oTl>~6t)
Name (Print or Type)
Wit ss (Signature)
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ame (Print or ype)
Approved as to fonm and
legal sufficiency:
~.,v1~
Assistant County Attorney
Last Revis&d: 7/21fl0
a~<,~J~~o
JOSEE.SOTOLONG
~~
EVA R. SOTOLONGO r
Agenda Item No. 16A 14
p~ember 28,2010
Page 9 of 15
i
GOLDEN GATE BOULEVARD (CR 876)
ExH't~a,lN>m No. 16A14
o!3~ tember 28,2010
Pag 100f15
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PROPOSED ROADWAY EASEMENT
PARCEL 256 ROUE
7,21J.C SQ. n
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WEST 150' OF
TRACT 22
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TRACT 21
TRACT 22
GOLDEN GATE ESTATES
UNIT 51
PLAT BOOK .5 PAGE 84
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SOTOLONGO
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RIDENOUR
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8 TRACT 59
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OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWA.Y, DRA:NAGE AND UT,L1TY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 84
LEGAL DESCRIPTION FOR PARCEL 256 ROUE
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A e'ORTION OF TRACT 22, GO'_DEN GArE ESTATES. '-.IN,T 51 AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC
RECORDS OF COLliER COUNTY, FLORIDA. LYING IN SECTION " TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA. BEING MORE PARTICliLARLY DESCRIBS"D AS FOLLOWS,
THE SOUTH 48 FEET OF THE NORTH 98 FEET OF THE WEST 150 FEET OF SAID TRACT 22.
CONTAINING 7.700 SOUARE FEET. \r10KE OR L:::SS.
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SKETCH &: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY 5eALE: 1".60'
FOR: COLLIER COUNlY GOVERNMENT BOARD OF COUNTY CDM~ISS10NERS
JOB NU~SER
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FIL.E NAME SHEET
SK 256 1 OF 1
COLDEN CATE BOULEVARD
SKETCH .& DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 256 RDUE
COWER COUNTY. FLORIDA
Agenda Item No. 16A14
September 28, 2010
Page 11 of 15
LOCATION MAP
PARCEL 256RDUE (GOLDEN GATE BLVD. PROJECT NO. 60040)
PredonlnartlOccupancy
Single Family Price Range
Single Family Age
Borrower Owner: Sotoionao
Property Address 1760 Golden Gate Blvd E.
City Naples County Collier
Legal Description Golden Gate Estates Unit 51 W 150ft of Tracl22
Sale Price $ N/A Date 01 Sale N/A Loan Term~ yrs Property Rights Appraised Z Fee ,~J Leasehold LJ De Minimis PUD
Actual Real Estale Taxes $ 2 732.95 (yr) l.oan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Clielll Collier County GovfTransportation Division Address 2885 South Horseshoe Drive Naples FL 34104
Occupant owner occupied Appraiser Harrv Henderson, SRA Instructions to Appraiser Estimate Market Value Parent Tract/Partial Take
Folio #39382520004 The sub'act nrooerty is improved with a sinole-famifv home which is not impacted by the pro ased taklno oarcel
Location b! Urban ~ Suburban W Rural Good Avg Fair Poor
Buln Up 0 Over 75% LSJ 25% to 75% [] Under 25% Employment Stability 0 0 ~ 0
Growth Rate 0 Fully Dev, C Rapid ~ Steady CJ Slow Convenience 10 Employment 0 19] CJ 0
Property Values 0 Increasing C2J Stable 0 Declining Convenience 10 Shopping 0 [2J 0 0
Demand/Supply 0 Shortage 0 In Balance ~J Oversupply Convenience to Schools 0 8J 0 0
Marketil'iJ Time 0 Under 3 Mos. 0 4.6 Mos :L;J Over 6 Mos. Adequacy of Public Transportation 0 C3J [] 0
PresentLandUse ~%lFarrily~%2-4Family ~%Apts, _%Condo~%Commercial Recreational Facilities 0 L8J 0 [J
~% Industrial~% Vacant _% Adequacy 01 UtIlities 0 [3J [] C
Change in Present Land Use D Not Likely [gJ Likely (*) :~ Taking Place (*) Property Compatibility 0 :zJ C 0
(") From vacant To sinQle-familv Protection from Detrimentai Conditions 0 [SJ [J rJ
o Owner .~ Tenant ~% Vacant Police and Fire Protection 0 ~ 0 D
$ 70,000 to$ 315,000 PredominantValueS 130.000 General Appearance of Properties 0 IS:' 0 0
---.1..yrs,to~yrs. PredominarrtAge 10 yrs. AppeaitoMarket [J ~ C' 0
Census Tract 112,02
IMaio RI' N:iI~Wg:~::'~8~~~16
Map Reference S12-T49-R2t Cl~<;> 2 of 15
LAND APPRAISAL REPORT
Stale FL
Zip Code 34120
Comrrents including those factors. favorable or urrfavorable, affecting marketability (e.g, public par1<s, schools, view, noise):See attached addenda.
Elec.
Gas
Water
San, Sewer
Dimensions 150 x 680 _
ZoI'liIl'J classification Estates (2,25 acre conformino iot size min)
Highest alKl Oest use kg] Present use--' Other is~~_c~l1
Pubnc Other (Oescribe) I OFF SITE IMPROVEMENTS !Topo Level
Z;J ! Street Access [:0 Public :-_~ Private ISile_ C:Qmpatible with area
,__J _~ISurtace".Macadai!:!_~__~ Shape Res:lanQular _
[J 'I Maintenance Z Public '~~] Private 'View Neinhborhood
o C Storm Sewer I":~ CurblGuner 'Drainage A ears to be adequate
:~ UndergroundElecl & Tel_DJii!J~?lk ____n,?t~ee)_~lsthepropertylocatedinaHuDldenlifiedspecI8IFIOodHazard Area? L:JNo[jVes
Comments ~avorable or umavorable including ~ny apparent adverse Basements, encroachmen1S, or o1her adverse conditions) Zone D Comm#120067C0250G. dtd 11/17/05
No adverse conditions observed Tvoical roadwav and/or perimeter utility easements exist on the site' these are common in the area and do not
impact value
'234 Sq.Fl.orAcres U Corner Lot
Present Improvements ~ do 0 do not conform to zoning regulations
The undersigned nas recited three recent sales of properties most similar and proximate to subject and has considered Ihese in the market analysis Tne description includes a dollar
adjustment refiecting market reaction to those rtBms 01 significant variation between the subrect and comparable properties n a significant item in the comparable property is superior
to 01 more favorable than the subject property, a minus (-) adjuslmenl IS madB IhiJS rBducing the indicated value of subject: if a significant item In the comparable is inferior to or less
favorablethanlhesubjectproperty,a plus (+) adjus1melll is made ttJus increasing the indicated valueoi the subject
ITEM j _~UBJECT PROPEBTY _ COMPARABl.!= NO 1 ___ __ GPMPARABLE NO, 2
Address 1760 Golden Gate BIYd E 582 14th Street SE SIS 22nd Avenue NE
Naples. FL 34120 Naples FL 34117 Nanles FL 34120
PraximitvtoSub'ect 1/2 mile 1 mile
Sales Price $ N/A $ 10,0001ac 1$ 9.692/ac
Price Gross $ $ 25.000 1$ 22,000
Data Source MLS#209034122 MLS#210013582
Date (If Sale and DESCRIPTION DFSCRIPT10N I tL-J$ Adiust ~___Q~tBIPTION__ __. 1+ 1- $ Adiust
~~trnent ~~E ~ ~I:~~~==--=-, ~=- ~L~i:~-"- _ :
SiteNiew 2_34 acres 2,50_.~pes In $/ac ~a_cres in $/ac
TOllooraphv Level/na1ural Level/natural: Level/nalural
Zonifl!l Estates Estates ~ E;slates
COMPARABLE NO, 3
S/S 16th Avenue NE
Naoles FL 34120
3/4 mile
9600lac
24000
1 + -1$ Adiust
in$/ac
,
.
Cash or Equiv . Cash or Equiv
, , - I , I - I
" II II
10,000 9.692 , 9,600
- -
-~ - ~ -----
Sales or Financing
Concessions
NatAd'_ !Tolan
IndicatedValUt!
ofSlIbJect
Comments on Market Data"
NfA
Cash or Equiv.
, , i ~'- I
,', II
See attached addenda
Comments and Conditions of Appraisal' Subiect and comps are com oared on a $tacre unit price basis See attached Limitinq Conditions,
Final Reconciliation 2_34 acres @ $10 ODD/acre:: $23.400 (Before Value of PFJren~
Appraised Comnensalion relat.!.nq to Parti!3ITake Parc~! 256RQ_ldl::_~' land 0$16?5, i-~proVeme'lIS $6.65Q...minor cure $750
I ESTIMATE THE MARkET VALUE, AS DEFINED, DF SUBJECT PMOPERTY AS OF _~_____~ 2Q~~ to be $ 9,05~rtial take
Harry Henderson, SRA
Appraiser(s)
[Y2KJ
Did
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Review Allpraiser (il applicable)
Collier County Government
Form LND - "WinTOTAL" appraisal sonware by a la mode, inc. -l-BOQ-ALAMODE
Supplemental Addendum
1M,," ''''.0 ftI(5!l1/3)\'ljIjIl,','I'/:.'b. 16A14
FiI'.OPa",eI256,;?,\l~tember 2183 ~fig
Borrower/Client Owner: Sololon 0
Pro Address 1760 Golden Gate Blvd E.
C' Na les Cou Collier
Lender Collier Goun GovfTrans ortation Division
State FL Zi Code 34120
. Land: Neiahborhood Market Factors
The subject is located in the central part of unincorporated Collier County in the Golden Gate Estates area. 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. Golden Gate Boulevard is an easl.west running tharafare
linking the eastern Estates area to Collier Boulevard (with greater Naples beyond). Maintenance levels in the area are average.
. Land: Market Data
The subject and camps 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 weak although prices appear to have leveled during 2010. No time
adjustments are currently warranted.
The indicated unit prices range from $9,600/acre to $1 O,OOO/acre; a unit price of $10,000/acre is selected as most reasonable
for the subject lands. Thus-
2.34 acres x $10,000/acre::: $23400 (Before Value of Parent Tract)
The ProDosed Take
Parcel 256RDUE is a 48ft-wide strip taking running along the front of the subject site on Golden Gate Blvd. This ROW interest
will be in the form of a permanent easement which will widen an existing ROW easement over the subject property for the
existing GGB. The proposed new easement area will contain 7200 sf or .1653 acres. The value of the land being acquired is
therefore:
$10,OOOfacre x .1653 acres == $1,655 (rounded)
Site improvements within the take area include a concrete driveway, secondary gravel driveway, wire fencing, a swing.gate
and minor landscape items. The contributory value of these site improvements is estimated to be $6,650. Minor cure costs are
also warranted due to this taking relating to the re-establishment of the existing fence line and possible irrigation
reconfiguration (minor). A $750 cure allowance is judged to be reasonable.
In the after condition the subject building improvements will have sufficient front yard relatively to typical GGE lots and site
preferences. No damages
Total Appraised Compensation parcel 256RDUE: $9.055
Form TADD - .WlliTOtAL" appraisal software by a la mode, inc. -1-800-ALAMODE
IMaio File No A~~iTml"rMII'If(j'b. 16A 14
September 28,2010
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
requisfte to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is nol affected by undue stimulus. Implicrt in this
definition is the consummation 01 a sale as 01 a specified dale and the passing of litie from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own besl interest (3) a reasonable lime is allowed
for exposure in the open market (4) payment is made in terms of cash in U_S. dollars aT in terms of financial arrangernerlts comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or crealive financing or sales concessions. granted by arlyone associated wrth
thesaJe.
. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
lor those costs which are normally paid by sellers as a resu~ of tradition or taw in a market area; these costs are readily idelllffiable
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 is not already Involved in the
property or transaction Any adjustment shouJd not be calculated on a 'Tlechanlcal dollar for do~ar cost 01 the financing or concession
but the dollar amount of any adjustment should approximate the markel'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 matters of a legal nature that affect either the property being appraised or the title to rt The appraiser assumes that
the@eisgoodandmarketableand.thereiore,willnotrender any opinions about the title The property Is appraised on the basis of it beifl\l under responsible
ownerShip
2. The appraiser has provided a sketch in the appraisal repor. 10 snow approximate dimensions of the Improvements and the SKetch is included only to assist
thereaderofthereportinvisualilingthepropertyandunderstandingthe appraiser's determinalion ofns size
3. The appraiser has examined the available flood maps that are provided by' 1I1e Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the Subject site is located In an identitied Soecial Flood Hazard Area Because the appraiser is not a surveyor. he or she makes
flOguarantees,expressorimplied,regardinglhisdelennination.
4. The appraiser will not give testimony 0: appear in court tlecause he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beiorehand.
5, The appraiser has estimated the value ot tile 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 USM.
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 environmental conditions (including the presence of hazardous wastes, toxic substances, etc,) thaI would make the property more or less valuable, and
has assumed thaI 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 responsibfe tor any such conditions that do exist or for any engineering or testing that might be required to discover whether such
condrtions exist. Because the appraiser is not an expert in the field of environmental Ilazards. the appraisal report must not be considered as an
environmental assessment of the property
7. The appraiser obtainw the inlormation. estimates. and opinions that were expressed in ttle appraisal report from sources that he or she considers to be
reliable and believes 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 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 appraisai report and valuation conclusion tor an appraisal that is subject to satisfactory completion, repairs. or
alterations on the assumption that com~etion of the improvemems will b€ performed in a workmanlike manner
10. The appraiser must provide his or her prior written consent beiore the lender/ciiem specified In the appraisal report can distribute the appraisal report
(includi~ conclusions abolIlthe property value, the appraiser's identity and professional designations. and relerences to any professional appraisal
organizations or the linn with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns: the mortgage
Insurer, consu~ants; professional appraisal organi13tions; any stale or federally approved financial Institution: or any department, agency, or Instrumentality
of the United St;tes or any state or the District 01 Columbia; except Ihatthe lender/client may dlstrlttutelhe property description section of the report only to data
collection or reporting service(s) without having to obtain the apwaiser'S prior written consent. The appraiser's written consent and approval must aiso
be obtained before the appraisal can be conveyed by anyone to the public through adverosing. public relations, news, sales. or other media
Freddie Mac Form 4396-93
Page 1 012
Fannie Mae Form 1Q04B 6-93
Collier County Governmern
Fonn ACR - ''WinTOTAI.'' appraisal software by a ia mode, Inc. - t-800-ALAMODE
IMainfileN'~~~.,'M' r:,'I'>. 16A 14
September 28, 2010
Page 15 of 15
APPRAISER'S CERTIFICATION: The Appraiser certifies 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 10 reflect the market reaction to those items af significarrt
variaton. If a significant ~em in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment 10 reduce
lt1e adjusted sales price of Ihe comparabJe and, If a significamrtemin a comparable property is inferior 10, or less favorable Ihan the subjecl property, I have made
a positive 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 deveklpment of the estimate 01 market value in the appraisal report I have not
knowingly wtthheld any signtficant infonnation lrom the appraisal report and I believe, to the best of my knowledge, fhat all statements and information in the
appraisai 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 condttions specilied in this form.
4. I have no present or prospective interest inlhe property that is the subject to lhis report, and I have no present or prospective personal interest or bias wrth
res~ to the participants in tile transaction. I did nol base, either partialiy or compietely, my analysiS and/or the estimate of market value in the appraisal report
ontre race, color, religion, sex, handicap, familial status, or national origin of ellher Ihe prospective owners or occupants of the subject property or 01 the present
owners or occupants oflhe properties in the vicinily 01 the sUbject prop erty.
5. I have fI() present or contemplated future interest in the subject property, and neill1er my current or tuture employment nor my compensation for pertorming 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 lI1e cause of the client or any related party, the amount of the value estimate,
the attainment of a specific resutt, or the occurrence of a subsequent event in order to receive my compensation and/or employment for perlorming the appraisal. I
did notbaselheappraisalreportona requested minimum valualion, a specific valuation, or the need to approve a s pecilic mortgage loan.
7, I pertormed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board 01 The Appraisal Foundation and lhal were in place as of the effective dale oflhis appraisal, wrth the exception of the departure provision 01 those
Standards, which does nat apply, I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of markel value
and the estimate I developed is consistent with lI1e marketing lime note{j in lI1e neighborhood section oi this report, unless I have otherwise stated in the
reconcilia1ionsection.
8. I have personally inspected ttJe interior and exterior areas of the subJoct property and the exIeriorof all properties nsled as comparables in the appraisal report
I further certHy that I have noted any apparent or known adverse conditions in lI1e subject improvements, on the subject site, or on any sHe within the immediate
vicinity ot the subject property of which I am aware and have made adjustments lor these adverse conditions in my analysis of the property value to the eXlentthat
I had market evidence to support them. I have also commented about the effecl of the adverse conditions on lhe marketability ollhe subject property.
9 I personally prepared all conclusions and opinions about the real estate that were sel lorth in the appraisal report If I relied on significant professional
assistance from any individual or individuals in the pertormance otll1e appraisal or the preparation of the appraisal report, I have named such individual(s) and
disclosed thespecilic tasks pertormed by them in the reconciliation section 01 this appraisal report. I cerllfythal any individual so named is Qualified to pertorm
the tasks. I have not authorized anyone to make a change to any item in the report therefore, if an unalllholized change is madelo the appraisal report, I will take
no responsibility iorH,
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she cerhfies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the slatements and conclusions of t~e appraiser,
agreetobeboundbytheappraiser'scertfficationsnumbered4through7above, and am laking full responsibility for the appraisal and the appr aisalreport,
ADDRESS OF PROPERTY APPRAISED: 1760 Golden Gate Blvd E. Naples FL 34120
APPRAISER: SUPERVISORY APPRAISER (only if required):
Signature:
Name: Harry Henderson SRA
Date Signed 8/13/10
State Certilication ii' RD3475
or State License iI:
State: FL
Expiration Date of Certificalionor License: 11/30/10
Signature:
Name'
Date Signed:
Stale Certification #.
orStaleLicense#.
Slate:
Expiration Dateot Certification or License:
OD'd
lJ Did Not Inspec1 Property
Freddie Mac Form 4396-93
Page20f2
Fannie Mae Form 100486-93
Form ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-8QO-ALAMODE