Parcel 814DE
PROJECT: LASIP Outfalls 3 & 4
PARCEL No(s): 814DE
FOLIO No(s): 60780440001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this .5 I day of M'P\~ , 20~, by and between
GERALD D. JOllY, an unmarried man, wh"ose mailing address is 5332 Myrtle Lane,
Naples, Florida 34113 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail
East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter
referred to as "County").
WHEREAS, County requires a Perpetual, Non-exclusive Drainage Easementover,
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:
$3,500.00
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 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) Drainage Easement;
(b) Closing Statement;
Page 2
(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 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 of the date of execution of this Agreement or within thirty
(30) days of County's receipt of all such properly executed instruments required to
remove or release any and all liens, encumbrances or qualifications affecting
County's enjoyment of the Easement, whichever is the later. This agreement shall
remain in full force and effect until Closing shall occur, until and unless it is terminated
for other cause. 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 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.
(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
Page 3
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.
Page 4
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of the
date of Closing.
11. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
12. If the Owner holds the property underlying the 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:
DA TEq.:,~i~l~O \ l
..~ '....'i)~,..........( <'} '" '.'
,;,,;!:,,, .."", '. "tJ,':'
A.T. ."'l'(.... '....J::. ~ Y'~. .......... _... ''-'' -......... ~.'. '.' '. :;. .,
;;,J~B-~I",; _::"0 '.,,~ ",
DWt~T~~;:~,~RO~;: 61edV
1'" ". 4J;.... - - -_)".) -. _......... ~'
lIo... ~ y' _.....,' ~ :,~',,,,
.....", ~
".'. ~_ /f,
"'" ,"/ "'D' t"
,..;;...,..0~~lWl. ".~.
......i;;~t...".. ......;/,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, Chairma
~~~u ~~
RALD D. LY \
itn s 19 ure)
J<~v I J..::i ~ E..t...l"t::::.R , <Z K- S-
Name (Print or Type)
~L1f.tL f
Witn s (Signature)
MICHELLE L. SWBBT
Name (Print or Type)
Approved as to form and
legal sufficiency:
~
Assistant County Attorney
Last Revised: 05/04/2011
Page 5
~ -3-Z-c:::l
11.)0.
1-o~3
~ I~~
.,.f ....~
Iii
).:..,j
.........
- Q,>
~
.-
[C~
~()
'<(Q.
~..,'<(
Olo:~
000
~~~
~~
::E-.I
Q.
- ~,
.,...
.,.f
.-
03
9lU
~J::!
~~
::l
>-"
....~ 0
~:;t z
o
::::i
o
~
B:J
o
~~
~.""
c:i
~
""3
i~~
~
~~::l
~~~
,....,
o
o
o
* 0
~ 0
co +
" <0
o N
<0 *
I
I~ I _~~
~II.J~
I
gl
~I
a
l.()
II
LJ
....J
<:(
()
U')
~g :g.~ I
~:.E.m ~.~.~lL-
1
1~-1
1
I
I
I
I
l.a.J
~
<:(
a
-.r
o
C"l
....i!:
~~
>-~
~,<p
~!oj~
'C(~u
ClQJ~
VI 0'-
~G-
'<u
~~
~~
~~.~
i=:: 4l
~ OO'OC ~.~...~ llP
1J1lnz+ lS S: ~
~ a; 4!:
l;:i~
~e
P5~_1 ~
f~ I
~.I
~II
l.a.J1
~ I.,~
ro. coo
"'"'0....... 1'-:0
. J ':;: fij
,
C"l V'
~<,
1 ~,~
r::~
I +~
I
1\
I cI.
~
w:::~
u,<~
is II. '<
Ct:~U
:t: ~
'<~'-
....~
-,
IL'
l.a.J
~
<:(
a
C"l
o
~
>-
~~
-'fjiJ
~....""
:;j~~
:i~ ~
.,;....~
4!: VI '-
i>-
,<U
04!:
'<
~
ggg
is '.N iii
Lu ~Sl - -
~~
-J-.I
:j~3
~
::i
II
it
.
1II
ri
lo:
o
o
ttl
I-
<
...:.I
0..
.~..~
09
,...., ~<S
w 25Ll.
o 0(1)
'it w<
N 0:0
"-' (I) W
<(Xl
1:33
51:3
<0
~.~
8~
wB
FF=
~~
:::&0..
.w
<~
. :::&
0"
oz
~~
'it "
-<
I-g
9gs
~c;:
....?;:
~.~
0..0
1-0
<0:;
;;w
::l~
<0
I-
Z
w
:::&
~
w
~
<
z
<
0:;
o
o
w
is
t5
0:;
a..
~
~
:>
~
;::J
Ui
-<
E-4
o
Z
~
::;J
<<ra.l'Il
ra. oB <<
.~o5<<i~
z .~p.~ t';.~
;::J .0 <Ii:
8... ...I~ ~i
~ .~.o
~oo
3 · CZlllit
.~<fo<~
<I :s~
8=li.' ..,~ ~
t:lS
Q:l
....
...
t:
o
....
Q.;
:;:J
:;;
...
o
...
o
CIJ Q 10
Il':l I
~ 11 g
Z ~ ......~
...!Ii 0
1l)CIJ - 01
'dCIJ 8 0
"Q III 0
I ........
"N
;;1:;
II I
......
........
~Jl!.;l:,
~~a
-'--
=2=
........
..
Ill&:
.. .
o :I
l>.'A,
~ -
~ ~~
III ~:l
-g ~=
Cl .
.... ':loa
old t!: 5
r! 'ai
tl ;..
<.I a ~~
'" Cl ,
'1 'a 0 l!
r:r:l ~z
~ ~"II
< tl g:1
~ tlN_
~ .a:l!
~ ~~
1:1
- ..0<
Cl .to..
~ go
.~ 03
III tJ _
~ ... g
e i~
Q.. yS
'^lNno~ ~3i11CQ ~3d 03SI^3~ ~lOZ'N'v'rBl
~
l/l
o
15
U
w
0:;
U
::::i
to
=>
a..
rti
l"')
w
"
<
a..
I-
(I)
;:)
<
0: W
e ;;
<of . '5
b m~ ~
...J 8~ 0
i ~< I-
Ul I-
~ ~~ t;~
wt:; wo
~ ~~ ~:3
~ Iii !!! a ~p~
w ~oog ::~
~ ~<N Ow
~ ~~~~ ~~
.~. <Jh.1 * ~ < l-
ii: eO....z rn~
t ~~9~ 0<
=> gsffigo <0::
~J:<< 15e
~liil-(I) Ll.t-
:Rt::l;:)~~~ *(1)
a.. Ll..:::& ~
; ~ ~..~...~.t; g ;...
jQ~W::i;:) gb:
~~~~i~ ;:; ~ .
re~j;~w~ ~~~
Z~~Q;;m ~O::o5
~iz~~;; ::::izB
u....~Zoo: 0
~!!!NG...:.IO Iii*
Cle~<z ;:)t-~
15<r= "* wSes
ffi~fd15~;: ;;0J:
z.....> (I) I- Z 0 ,,<I-
~~15~~~ g~~
I-e~w~w < (I)
(l)r= ::I;; (I) ~ I-Ul ~_ ;:)
~U <...:.I
~'.lX;;o w ~...:.Iw
;; .~..... Iii lii~
8i~t:; ~ ~ ~;:) L..
(1)(1) Cl ~"O 0 ..J:> 0
w....,. f'l..,.."" 0 w
j;~ij')8 8 ij')~:c "
I-WQ?i:c"o
<~~ ~.~...:.I i!:.~"
~J:t:S~~:<e;~5~lIj
oF' ...:.I w ':l Ul Ul ...J L..
ai~~~~~l5~~o
:::& z<zz zzt-
~wwliiww~ww~
oj;;;o;;;;::::i~~o..
"
~
<
l-
ll)
<
W
.
'"
t"
~
~
~
110
;;
g
s
S;
o
a::
~
u
~
Ui
(I)
~ci
0:;0::
00
U
Ww
0::0::
OLl.
::>0
0(1)
Zz
<0
...:.IF
Ll.U
OD:
t-t-
w(l)
wW
Ll.0::
wO
o:;Z
<<
=>Ul
01-
UlZ
W '.
q
NW
~~
zl-
-U
<w
1--,
ZtO
o=>
U(I)
-
-
o
C".I
CIO
:z
<(
.,
o
Ol
I")
*
:2i
vi
0..
(I)
:::0
<
Cl
<
~
>-
=>
"
Goodkind & Swift, Inc.
Special Assessments: $ N/A
Census Tract: 108.03
HOA: $ N/A 0
o Prospective
Henderson, SRA
Characteristics
DUrban [2J Suburban
DOver 75% [2J 25-75%
D Rapid [2J Stable
Property values: D Increasing [2J Stable
Demand/supply: D Shortage [2J In Balance
Marketing time: D Under 3 Mos. 0 3-6 Mos.
D Rural
D Under 25%
D Slow
D Declining
D Over Supply
[8J Over 6 Mos.
Address: 2885 South Horseshoe Drive, Na les FL 34104
Address: 2885 South Horseshoe Drive, Na les, FL 34104
Predominant One-Unit Housing Present Land Use Change in Land Use
Occupancy PRICE AGE One-Unit 60 % 0 Not Likely
DOwner $(000) (yrs) 2-4 Unit 0 % [2J Likely * 0 In Process *
o Tenant 70 Low 5 Mu~i-Unit 5 % * To: distant future,
[8J Vacant (0-5%) 400 High 55 Comm'l 5 % residential development
D Vacant (>5%) 145 Pred 30 Vac. 30 %
%
Factors Affecting Marketability
Item Good Average Fair Poor N/A Item Good Average Fair Poor N/A
Employment Stability 0 [8J D D D Adequacy of Utilities D [8J 0 D D
Convenience to Employment 0 [8J D D D Properly Compatibility D [8J 0 D D
Convenience to Shopping 0 [8J D 0 D Protection from Detrimental Conditions D [8J 0 D D
Convenience to Schools D [8J D 0 D Police and Fire Protection D [8J 0 D D
Adequacy of Public Transportation D [8J D 0 D General Appearance of Properties 0 [8J 0 0 0
Recreational Facilities [2J 0 0 0 0 Appeal to Market 0 [8J 0 0 0
Market Area Comments: The subject is located in the South Naples/East Naples section of greater Naples (unincorporated Collier County) just
south of Rt 41 (Tamiami Trail East) in the Myrtle Cove Acres subdivision. Myrtle Cove Acres is an established neighborhood composed of
single-family homes of varying ages and design on relatively large lots (ranging in size from 1/3 acre to over 1 acre). Lots are typically
rectangular in shape with relatively narrow frontages (100 ft standard) and long lot depths (520 ft standard). The lots along Myrtle Lane (the
subject's location) are encumbered by an existing public drainage easement to the rear which is improved with a drainage canal. The
aggregate width of the existing canal easement is 60ft of which 30 ft encumbers the properties on the south side of Myrtle Lane. Essential
services (shopping, professional offices) are within minutes by auto; Gulf beaches are within a 25 minute drive. Maintenance levels in the area
are generally good.
Site Area: 2.39 Acres
Description: Residential, Single-Fam (max.density 3 units/acre)
Do present improvements comply with existing zoning requirements?
Uses allowed under current zoning: Single-family development as allowed by zoning.
[8J Yes 0 No 0 No Improvements
Are CC&Rs applicable? 0 Yes [2J No 0 Unknown Have the documents been reviewed? 0 Yes 0 No Ground Rent (if applicable) $ N/A/
Comments: N/A
Highest & Best Use as improved: [2J Present use, or 0 Other use (explain)
Actual Use as of Effective Date: Single-family home Use as appraised in this report: Land and affected im rovements onl .
Summary of Highest & Best Use: The subject site's highest and best use is found in its current use, as improved, with a single-family home. Longer
term, possible subdivision potential (2 homes).
Utilities Public
Electricity [8J
Gas 0
Water [8J
Sanitary Sewer [8J
Storm Sewer 0
Telephone [8J
Mu~imedia [8J
Other ProviderlDescription
o
o
o
o
o
o
o
Other site elements: [8J Inside Lot 0 Corner Lot 0 Cui de Sac 0 Underground Utilities
FEMA Spec'l Flood Hazard Area [8J Yes 0 No FEMA Flood Zone AE 7' FEMA Map # 120067 603G FEMA Map Date 11/17/05
Site Comments: The subject site/parent tract is improved with a single-family, storage sheds and associated site improvements which are
unaffected by the proposed take. Natural vegetation is found along the rear of the site (negligible contributory value). As is typical for the street,
the rear 30 feet of the subject site is encumbered by a public drainage easement which is improved with a drainage canal. Parent tract soil
conditions and drainage characteristics are reportedly normal.
Off-site Improvements Type
Street Paved
Width 60
Surface Paved
Curb/Gutter None
Sidewalk None
Street Lights Sta ndard Electric
Aile N/A
Public Private
[2J 0
Frontage
Topography
Size
Shape
Drainage
View
uate
o
o
o
M;1LAND
Copyright@ 2007 by a la mode, inc. This form may be reproduced unmod~ied without written permission, however, a la mode, inc. must be acknowledged and credited.
Form GPLND - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE 3/2007
LAND APPRAISAL SUMMARY REPORT
IMain File No. Parcel 214DE I
Project #51101 LASIP
File No.: Parcel 214DE
My research D did c><:J did not reveal any prior sales or transfers of the sUbject property for the three years prior to the effective date of this appraisal.
Data Source(s): Public Records
1 st Prior Subject SalelTransfer Analysis of sale/transfer history and/or any current agreement of sale/listing: N/A
Date: N/A
Price:
Source(s):
2nd Prior Subject Sale/Transfer
Date:
Price:
Source(s):
FEATURE SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Address 5332 Myrtle Lane 6134 Everett Street 5281 Cypress Lane 5218 Cypress Lane
Naoles FL 34113 Naples FL 34112 Naoles FL 34113 Naples FL 34113
Proximitv to Subiect 2.45 miles NE 0.28 miles N 0.31 miles NW
Sale Price $ 1$ 35,500 $ 100,000 1$ 110,000
,J Price! Acre $ $ 46710.53f $ 250.000.00 $ 110,000.00f
Data Source(s) Inspection MLS#209020238 MLS#209038360 MLS#210016311
;;( Verification Source(s) Public Records/Aaent Public Records/Agent Public Records/Aaent
i',', VALUE ADJUSTMENT DESCRIPTION DESCRIPTION +(-) % Adjust DESCRIPTION +(-) % Adjust DESCRIPTION +(-) % Adjust
i:, Sales or Financing N/A Cash or equiv. Cash or equiv. Cash or equiv.
Concessions
Date of Sale/Time Current 7/9/09 Nominal 1/12/10 Nominal 8/6/10 Nominal
Riahts Appraised Fee Simole Fee Simnle Fee Simple Fee Simole
Location Mvrtle Cove Acres East Naoles Eauiv. Mvrtle Cove Acres Mvrtle Cove Acres
Site Area (in Acres) 2.39 .76 In $/Ac .40 In $/Ac. 1
Zonino RSF-3 A-Aa +15 RMF-6 -5 RMF-6 -5
T ooooraohv Level Level Level Level
Size Factor Standard Similar Smaller -25 Similar
ContribValue Imor. None None Small older home -45 Small older home -45
Net Adiustment (Total, in $) [gJ+ D- 7,006.58 D+ [gJ- $ -187500.00 D+ c><:J - ~ -55 000.00
Net Adjustment (Total, in % of $ / Acre) Net 15.0 % (15 % of $/Acre) Net 75.0 % (-75 % of $/Acre) Net 50.0% (-50 % of $/Acre)
Adiusted Sale Price (in $ / Acre) Gmlls 15.0 % 53,717.11 Gross 75.0 % $ 62 500.00 Gmlls 50.0% 55,000.00
k" Summary of Sales Comparison Approach The subject and comparable sites are compared on a uniUprice basis ($/acre); this negates the need for
direct lot size adjustments. Adjustments are made on a percentage basis. The lack of recent vacant single-family lot sales in the Myrtle Cove
'f area necessitated the use of a lot sale from a competing/equivalent area in East Naples for comp #1 and the use of improved sales from the
Myrtle Cove Acres neighborhood for comps #2 and 3. Both properties were improved with very modest, older, single-family dwellings having
relatively low contributory value; the value of these improvements are adjusted for within the sales comparison grid. Zoning adjustments reflect
varying levels of development entitlement within the different zones (these differences somewhat mitigated by lot size/shape limitations). Size
factor adjustments reflect price adiustments stemming from economies of scale/excess land influences, I.e. all else being equal, significantly
smaller lots tend to sell for higher unit prices ($/ac) than their larger counterparts. The indicated unit price for the subject lands range from
1,1 $53, 717/acre to $62,500/acre; a high-side unit price of $62,000/acre (or $1.42/sf) is selected as most reasonable for the subject. Thus-
E'-;~2.39 acres x $62,000Iacre = $148 180 value of subiect oarent tract (before condition).
PROJECT INFORMATION FOR PUDs (jf aDDUcable) D The Subject is part of a Planned Unit Development.
Leoal Name of Proiect: N/A
Describe common elements and recreational facilities:
k,
:,!! Indicated Value by: Sales Comparison Approach $ 3,450 Dart taken
Final Reconciliation See attached addenda.
This appraisal is made [gJ "as is", or D subject to the fOllowing conditions:
D This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda.
Based upon an inspection of the subject property, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser's Certifications,
my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is:
$ 3,450 (taking parcel) ,as of: 3/18/11 , which is the effective date of this appraisal.
If indicated above this ODin ion of Value is subject to HVDothetical Conditions and/or Extraordinarv AssumDtions included in this reDort. See attached addenda.
A true and complete copy of this report contains _ pages, including exhibits which are considered an integral part of the report. This appraisal report may not be
properly understood without reference to the information contained in the complete report, which contains the following attached exhibits: D Scope of Work
c><:J Limiting condJCertifications [gJ Narrative Addendum c><:J Location Map(s) D Flood Addendum D Additional Sales
[gJ Photo Addenda D Parcel Map D Hvnothetical Conditions D Extraordinarv Assumotions [gJ Sketch/Desc.
;c;; Client Contact: Client Name: Collier County Government/ROW Dept
:!~ E-Mail: Address: 2885 South Horseshoe Drive Naoles FL 34104
,- APPRAISER SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Appraiser Name: Supervisory or
Harry Henderson, SRA Co-Appraiser Name:
Company: Collier County GovernmenUGrowth Management Division Company:
Phone: 239.252-5847 Fax: Phone: Fax:
E-Mail: harryhenderson@lcolliergov.net E-Mail:
Date of Report (Signature): 3/18/11 Date of Report (Signature):
[, License or Certification #: RD3475 State: FL License or Certification #: State:
Designation: Designation: -
SRA
Expiration Date of License or Certification: 11/30/12 Expiration Date of License or Certification:
Inspection of Subject: c><:J Did Inspect D Did Not Inspect (Desktop) Inspection of Subject: D Did Inspect D Did Not Inspect
Ie:: Date of Inspection: 3/18/11 Date of Inspection:
..
~LAND
Copynght@ 2007 by a la mode, Inc. ThiS form may be reproduced unmod~led Without written permission, however, a la mode, inc. must be acknowledged and credited.
Form GPLND - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE 3/2007
IMain File No. Parcel 214DE I
Borrower/Client N/A
Properly Address 5332 Mvrtle Lane
City Naples County Collier State FL Zip Code 34113
Lender
Supplemental Addendum
File No. Parcel 214DE
. GP Land: Reconciliation - Final Reconciliation
The subject taking parcel (Parcel 214DE) is a drainage easement. This easement parcel will be a slightly irregular strip (13.5ft
avg depth) located along the south part of the subject site adjacent to the existing 30ft drainage easement. The purpose of the
easement will be for improvement of the existing drainage canal.
The proposed easement will have an area of 2,700 sf. The easement area will be improved with a widened drainage canal and
stabilized embankment. The encumbrance associated with this easement is estimated to be 90% of the fee simple interest. No
residual damages to the remainder lands are associated with this easement.
Based upon the appraised unit price of $62,000/acre ($1.42/sf); compensation for the part taken is calculated as follows:
Land: $1.42/sf x 90% encumbrance x 2700 sf taking parcel = $3,450 (rounded)
Improvements: None
Parent Tract Remainder Value: $144,730
Damages Indicated: 0
Total Compensation Estimate: $3.450
Form TADD - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
IMain File No. Parcel 214DE I
Subject Photos
Borrower/Client N/A
Prooertv Address 5332 MYrtle Lane
City Naoles County Collier State FL Zip Code 34113
Lender
Parent tract aerial
Subject take area
Form GPICPIX - "WinTOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
IMain File No. Parcel 214DE I
Comparable Photo Page
Borrower/Client N/A
ProDertv Address 5332 Mvrtle La ne
City Naoles County Collier State FL liD Code 34113
Lender
Comparable 1
6134 Everett Street
Prox. to Subject 2.45 miles NE
Sales Price 35,500
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location East Naples
View
Site .76
Quality
Age
Comparable 2
5281 Cypress Lane
Prox. to Subject 0.28 miles N
Sales Price 100,000
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location Myrtle Cove Acres
View
Site .40
Qual ity
Age
Comparable 3
5218 Cypress Lane
Prox. to Subject 0.31 miles NW
Sales Price 110,000
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location Myrtle Cove Acres
View
Site
Quality
Age
Form PICPIX.CR - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
18641 Ratlle511ake Hammock Rd
Location Map
Ie Lane
Coun Collier
State FL
Zi Code 34113
Davis BIIIlL ___
.-f/
____. f--' D~~;J~\"-
. - 9,~~~---
.3J
Martino.!f I
1"'l.1~~
--------
+
~
I
~
Jl
..
~
~
~--
l-
""
ll:l
III
'"
,.,
<>.
Q
1
<=>
K"",
~
f
.."
"-....
~ r
8-
Q'I
~
Naples HerIege 00If
and Clu1Iry CUI
rqJ-~ t"
~
!i
i
<>.
~
~
!;
Ewing Ln
Cope Ln
I
~
~
....
1
/i
Country Rd
Kings LalIlIll4l
ii- B,.~ ~
Ii ... ""
,.,.. w.ch'
'"
Charlemagne Wendy Ln
t Vl'hitaW.Rd
Cynthia Ln
RMerf
0011 CUI
F
1 l<i!
1
-=
tI
...
l:f
1
Adkins Ave
R~~OOlf
l1liid;~CiI.Ib
Polly Ave
t 5t
'\ ~
~ \~ ! ~
.q. .. ~~
/
RattlesnUe Hammod: Rd
Dr
v:,.
-to!!><. ;:.~~
-'(' ,~,
';'\:,~
~
:\\~'Dr
, 981
\.~~
~,
CotriryCUl
'\..,. ~
,~~
,
"
~;
~
IMain File No. Parcel 214DE I
t:Wlg'""
\~-~
~
~
Golf Qlb
Iii
\
~
NaplesLekes
Coumy Club
\
.. ,..Ift;
,~
~~
l.eIy Resort 00If II1d
CC-4he CIIsstcs
4
"8
j
'b
~ ....
,~ 5
I~
~.JI'
<t
:!t
, ,ff
e
Maple Ln
Myrtle Ln
I
I
:f
I
J
!
i-
~ .a'!)~ <Qo-
J>~ ~'flo
""l!J <P ,
lI). SI
TmI Oak Rd
a> FuHerLn
a
~
i
1
~
Price 5t
'o#'tJ,
~"',
0.3 ' 0.6 I
,!,IU .., ~IUD
Griffin Rd
~ \(~fi-t,l mil
Artesia
Form MAP.LOC - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
j
Cl
0.9
Pro eft Address: 5332 M Ie Lane
Client: Collier Coun Government/ROW De t
Appraiser: Ha Henderson SRA
STATEMENT OF ASSUMPTIONS & L1MIT1NG CONDITIONS
- The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser
assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis
of it being under responsible ownership.
- The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements, and any such sketch
is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless
otherwise indicated, a Land Survey was not performed.
-If so indicated, 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.
- The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific
arrangements to do so have been made beforehand.
-If the cost approach is included in this appraisal, 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. Unless otherwise specifically indicated, the cost approach value is not an insurance
value, and should not be used as such.
- The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, 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, but not limited to, 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 conditions exist. Because the
appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of
the property.
- 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 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.
- The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal
Practice, and any applicable federal, state or local laws.
- If this appraisal is indicated as subject to satisfactory completion, repairs, or alterations, the appraiser has based his or her appraisal report
and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner.
- An appraiser's client is the party (or parties) who engage an appraiser in a specific aSSignment. Any other party acquiring this report from the
client does not become a party to the appraiser-client relationship. Any persons receiving this appraisal report because of disclosure requirements
applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the
assignment.
- The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through
advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database.
- An appraisal of real property is not a 'home inspection' and should not be construed as such. As part of the valuation process, the appraiser
performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence
of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors
are encouraged to engage the appropriate type of expert to investigate.
Ci : Na les
IMain File No. Parcel 214DE I
Project #51101 LASIP
Parcel 214DE
Zip Code: 34113
Conditions & Seo e of Work
FileNo.:
State: FL
Address:
Address:
The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible
assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the
appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than those specified in this report by
the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work,
Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical
Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties assume
no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions.
Under USPAP Standards Rule 2-2(c), this is a Restricted Use Appraisal Report, and is intended only for the sole use of the named client. There are
no other intended users. The client must clearly understand that the appraiser's opinions and conclusions may not be understood properly
without additional information in the appraiser's work file.
In developing this appraisal, the appraiser has incorporated only the Sales Comparison Approach. The appraiser has excluded the Cost and
Income Approaches to Value, due to being inapplicable given the limited scope of the appraisal. The appraiser has determined that this appraisal
process is not so limited that the results of the assignment are no longer credible, and the client agrees that the limited scope of analysis is
appropriate given the intended use.
Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.):
Copyright@ 2010 by a la mode. inc. This form may be reproduced unmodified without wri1ten permission, however, a la mode, inc. must be acknowledged and credited.
Form GPRTDAD - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE 5/2010
City: Na les
IMain File No. Parcel 214DE I
Project #51101 LASIP
Parcel 214DE
Zi Code: 34113
Certifications
Prope Address: 5332 M Ie Lane
Client: Collier Coun GovernmenUROW De t
Appraiser: Har Henderson, SRA
APPRAISER'S CERTIFICATION
I certify that, to the best of my knowledge and belief:
- The statements of fact contained in this report are true and correct.
- The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by
the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
- I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties
involved.
- I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
- My engagement in this assignment was not contingent upon developing or reporting predetermined results.
- My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction
in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent
event directly related to the intended use of this appraisal.
- My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of
Professional Appraisal Practice that were in effect at the time this report was prepared.
- I did not base, either partially or completely, my analysis and/or the opinion of 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.
- Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report.
- Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification.
FileNo.:
State: FL
Address:
Address:
Additional Certifications:
DEFINITION OF MARKET VALUE *:
Market value means 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 seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.
Implicit 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 well advised and acting in what they consider their own best interests;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by speCial or creative financing or sales concessions
granted by anyone associated with the sale.
* This definition is from regulations published by federal regulatory agenCies pursuant to Title XI of the Financial Institutions
Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System
(FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS),
and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS,
FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27,1994.
Client Name: Collier County GovernmenUROW Dept
Address:
SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Appraiser Name: Harry Henderson, SRA
Company: Collier County GovernmenUGrowth Management Division
Phone: 239.252-5847 Fax:
E-Mail: harryhenderson@colliergov.net
Date Report Signed: 3/18/11
License or Certification #: RD3475
DeSignation: SRA
Expiration Date of License or Certification: 11/30/12
Inspection of Subject: c><J Interior & Exterior 0 Exterior Only
Date of Inspection: 3/18/11
· RESTRICTED
Supervisory or
Co-Appraiser Name:
Company:
Phone:
E-Mail:
Date Report Signed:
State: ~ License or Certification #:
Designation:
Expiration Date of License or Certification:
o None Inspection of Subject: 0 Interior & Exterior 0 Exterior Only 0 None
Date of Inspection:
Copyright@ 2010 by a la mode, inc. This form may be reproduced unmodified w~hout written permission, however, a la mode, inc. must be acknowledged and cred~ed.
Form GPRTDAD - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE 5/2010
Fax:
State: