Agenda 07/11/2017 Item #16K507/11/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the global amount of $490,000,
inclusive of all attorneys’ fees, expert fees and costs, to Lowe’s Home Center, Inc. for the taking of
Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for
the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $373,220).
OBJECTIVE: To settle full compensation owed for the taking of Parcels 105FEE1, 105FEE2,
105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE which were required for intersection
improvements at US 41 and C.R. 951, Project No. 60116, hereinafter referred to as the “Project.”
CONSIDERATIONS: On October 23, 2012, the Board of County Commissioners (Board) authorized
the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and
105SWE (hereinafter referred to as the “Parcels”) via a condemnation resolution in order to construct the
Project. On March 1, 2013, the Court granted the County’s Stipulated Order of Taking conveying the
Parcels to the County upon the deposit of $116,780 into the Court Registry.
The Parcels were taken from portions of Lowe’s Shopping Center parking lot on the southwest corner of
the intersection of US 41 and C.R. 951 (Collier Boulevard). Lowe’s initially came to the County with a
claim well above $1,000,000 citing severance damages as a result of the County’s taking of the Parcels
and construction of the proposed improvements. Through negotiations during the pendency of the
construction, the County, in conjunction with engineers hired by Lowe’s, designed a cure option to
reestablish an outfall which included the installation of a back-flow preventer in one of the drain pipes.
The cure to install the back-flow preventer cost the County $30,000.
After the cure was installed and confirmed to be functioning as intended, Lowe’s claimed $460,000 in
compensation for the property taken. The parties agreed to a settlement figure in the amount of $490,000
which includes all attorney fees, expert fees and litigation costs. Pursuant to Section 73.092(1)(b),
Florida Statutes, an attorney representing a property owner is entitled to fees based on non-monetary
benefits where the attorney can prove that they were successful in negotiating cures and other remedies
for their client which would have otherwise resulted in additional compensation. The settlement achieved
in this case contemplates non-monetary benefit fees well below what may have been awarded at a fee
hearing. In addition to the attorney fees, Lowe’s incurred expert fees of $104,205. While expert fees can
be negotiated down to a “reasonable” amount, as was contemplated in the global figure, the County is
obligated to pay those costs pursuant to Section 73.091, Florida Statutes.
The County has also agreed to allow Respondent to reserve the right to bring a claim, if any, of additional
damages if and when an overpass is constructed within the footprint of the current right-of-way taking.
The County reserves the right to dispute the amount of damages and determine there are no additional
damages to the remainder property at the completion of the construction. This settlement will, in essence,
delay any severance damage claims until such time as an overpass is actually b uilt, and damages, if any,
can be accurately quantified. Although there is no set time for when an overpass will be built, there are no
immediate plans to build one at this intersection. This language has been included in most final
judgments on this Project.
The County Attorney’s Office and Transportation Staff recommend approval of this settlement, since a
better result is not anticipated at trial. If approved the County will be required to pay $373,220 over the
amount already deposited into the Court Registry. Upon approval, the County Attorney's Office will file
the attached Joint Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $373,220 are available in the Transportation US 41/SR-CR
07/11/2017
951 Intersection Improvement Project (#60116). Source of funds is Road Impact Fees.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: To approve a Stipulated Final Judgment in the global amount of $490,000,
inclusive of all attorney fees, expert fees and costs, to Lowe’s Home Center, Inc., for the taking of Parcels
105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for the US
41/C.R. 951 Intersection Improvement Project, Project No. 60116.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Joint Motion for Stipulated Final Judgment (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 3443
Item Summary: Recommendation to approve a Stipulated Final Judgment in the global amount of
$490,000, inclusive of all attorneys’ fees, expert fees and costs, to Lowe’s Home Center, Inc. for the
taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and
105SWE for the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116 (Fiscal Impact:
$373,220).
Meeting Date: 07/11/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/27/2017 4:32 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/27/2017 4:32 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/27/2017 4:37 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 06/27/2017 5:09 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 06/28/2017 7:40 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/29/2017 8:32 AM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 06/27/2017 4:29 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/30/2017 8:25 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/30/2017 8:41 AM
Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/30/2017 9:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 4:19 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2017 10:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 10:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
VS.
LOWE'S HOME CENTER, INC., a North Carolina
corporation; RED NAPLES HOLDINGS V., LLC, a
Florida limited liability company; KRG EAGLE
CREEK III, LLC, an Indiana limited liability
company; TJS NAPLES, LLC, a Florida limited
liability company; BARRON COLLIER
RESOURCES, LLLP, a Florida limited liability
limited partnership; COLLIER LAND AND
CATTLE CORPORATION, a Florida corporation;
WALGREEN CO., an Illinois corporation; 7 -
ELEVEN, INC., a Texas corporation; FLORIDA
POWER & LIGHT COMPANY; GULF COAST
DONUTS, LLC, a Florida limited liability company,
d/b/a Dunkin' Donuts; LARRY H. RAY, as Collier
County Tax Collector,
Respondents.
Case No.: 2013 -CA -142
Parcels: 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4,
and 105SWE
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO PARCELS 105FEE1, 105FEE2,
105FEE3,105TCE1, 105TCE2,105TCE3,105TCE4, AND 105SWE
AND AGREED ORDER ON APPORTIONMENT AND
Petitioner, COLLIER COUNTY and Respondent, LOWE'S HOME CENTER, INC., a
North Carolina corporation, by and through their undersigned counsel, hereby stipulate and
jointly move the Court to enter the Stipulated Final Judgment as to Parcels 105FEE1, 105FEE2,
105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE and Agreed Order on
Apportionment and Disbursement of Funds from Trust Account attached hereto as "Exhibit
One."
Kurt H. Garber
FBN: 0019496
FIsnBACK, DOMINICK, ET AL.
1947 Lee Road
Winter Park, FL 32789
(407) 262-8400
Attorneys for Respondent, Lowes Home Center,
Inc.
Dated this �d day of Td n e 2017
2
Jeffrey L. Hinds
FBN: 0008710
Jay J. Bartlett
FBN: 875163
SMOLKER BARTLETT LOEB
Hums & SHEPPARD, P.A.
100 North Tampa St, Suite 2050
Tampa, Florida 33602
(813) 223-3888
Special Counsel to the Petitioner
Dated this day of
2017.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
VS.
LOWE'S HOME CENTER, INC., a North Carolina
corporation; RED NAPLES HOLDINGS V., LLC, a
Florida limited liability company; KRG EAGLE
CREEK HI, LLC, an Indiana limited liability
company; TJS NAPLES, LLC, a Florida limited
liability company; BARRON COLLIER
RESOURCES, LLLP, a Florida limited liability
limited partnership; COLLIER LAND AND
CATTLE CORPORATION, a Florida corporation;
WALGREEN CO., an Illinois corporation; 7 -
ELEVEN, INC., a Texas corporation; FLORIDA
POWER & LIGHT COMPANY; GULF COAST
DONUTS, LLC, a Florida limited liability company,
d/b/a Dunkin' Donuts; LARRY H. RAY, as Collier
County Tax Collector,
Respondents.
Case No.: 2013 -CA -142
Parcels: 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4,
and 105SWE
STIPULATED FINAL JUDGMENT AS TO PARCELS 105FEE1,105FEE2,
105FEE3, 105TCE1,105TCE2,105TCE3, 105TCE4, AND 105SWE
AND AGREED ORDER ON APPORTIONMENT AND
DISBURSEMENT OF FUNDS FROM TRUST ACCOUNT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and by Respondent, LOWE'S HOME CENTER, INC., a
North Carolina corporation, (hereinafter "Owner"), by and through their respective undersigned
counsel, for entry of this Stipulated Final Judgment as to Parcels 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for Project 60116, and it appearing to
EXHIBIT ONE TO JOINT MOTION
the Court that the parties are authorized to make such Motion, and the Court being fully advised
in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. Petitioner, COLLIER COUNTY, FLORIDA, will pay a total sum of FOUR
HUNDRED NINETY THOUSAND Dollars and 00/100 ($490,000.00) in full settlement of all
claims for full compensation from Respondents whatsoever, including statutory interest, any and
all severance damages and business damages relating to the taking of Parcels 105FEE1,
105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE and specifically
including all attorney's fees, litigation costs, and expert fees. This sum is apportioned solely to
Owner -Respondent LOWE'S HOME CENTER, INC..
2. Petitioner, COLLIER COUNTY, FLORIDA, shall be entitled to a credit in the
amount of One Hundred Sixteen Thousand Seven Hundred Eighty Dollars and 00/100
($116,780.00) previously deposited with the Court pursuant to the Order of Taking dated March
18, 2013.
3. The aforementioned sums in Paragraph 1 shall be paid to Owner as follows:
within thirty (30) days of entry of this Final Judgment, Petitioner, COLLIER COUNTY,
FLORIDA, shall pay the total sum of THREE HUNDRED SEVENTY-THREE THOUSAND
TWO HUNDRED TWENTY Dollars and 00/100 ($373,220.00) to the Fishback, Dominick,
Bennett, Ardaman, Ahlers, Langley & Geller LLP Trust Account, c/o Kurt H. Garber, 1947 Lee
Road, Winter Park, FL 32789-1834 for proper disbursement as compensation owed for parcels
105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE.
4. There shall be no further funds due from Petitioner for the taking of Parcels
105FEEl, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE beyond
what is set forth in this Final Judgment.
2
5. This final judgment is based upon the revised construction plans for the at -grade
intersection improvements completed as of April, 2016, including revised sheets 46 and 104 of
said plans which are attached hereto and incorporated herein as Exhibit "1". Petitioner will
operate and maintain the inline check valve as shown on Exhibit "1" in accordance with the
South Florida Water Management District ("SFWMD") Environmental Resource Permit Number
11-00528-5 ("Permit"), including but not limited to Special Conditions Items 3 and 10, and the
Minor Modification to the permit issued by the SFWMD on August 27, 2015.
6. Owner's claim for severance and business damages resulting from the grade -
separated overpass of C.R. 951 over U.S. 41 ("Overpass Claim") shall be determined at the time
of completion of construction of the overpass. The right to raise such claims shall only be
available to the owner of the property and existing business owner at the time of the completion
of the overpass. If the owner(s) chooses to sell the remainder real estate and/or business prior to
the completion of the overpass, such right to claim damages shall extinguish as to the current
Owner and pass to the subsequent owner(s) of the remainder real estate and/or business
proprietor. Accordingly, the term "Owner," as it is used in the rest of this paragraph only, shall
also refer to the subsequent owner(s) of the remainder real estate and/or business proprietor if the
current Owner no longer has an interest in the remainder real estate at the time of completion of
the overpass.
a. If additional portions of the remainder real estate are acquired for the construction
of the aforementioned overpass, Petitioner shall have no additional liability to Owner
under this Final Judgment. Owner will be entitled to full compensation and other
damages in accordance with Florida law as a result of additional property interests being
acquired from the remainder real estate.
3
b. If no additional portions of the remainder real estate are acquired for the
construction of the aforementioned overpass, Petitioner shall be entitled to contest what
amount is owed to Owner, if any; but, with the exception of any defenses available to
Petitioner pursuant to Fla. Stat. §73.071(3)(b) (2016), Petitioner shall not contest the legal
compensability of the Overpass Claim. In the event that no additional portions of the
remainder real estate are acquired for the construction of the aforementioned overpass,
Petitioner shall provide Owner with Notice of Completion by certified mail return receipt
requested to the address listed on the Petitioner's tax roll and/or State of Florida, Division
of Corporations then current records of the construction of the overpass upon said
completion. In order to bring an Overpass Claim, Owner shall give Petitioner notice by
certified mail return receipt requested of such Overpass Claim, which notice shall include
a copy of this Final Judgment, no sooner than receipt of Petitioner's Notice of completion
of construction of the overpass improvements and no later than 3 years after receipt of
said Notice. Within one hundred and fifty (15 0) days from the date of notice from the
Owner of its Overpass Claim, Petitioner shall tender offers of settlement for both
severance damages and for business damages to Owner via certified mail return receipt
requested. Petitioner and the Owner shall schedule mediation to attempt to resolve the
Overpass Claim no later than 90 days after the offers of settlement have been received, if
Owner rejects the settlement offers tendered by Petitioner. Should the parties not resolve
the Overpass Claim at mediation, Petitioner shall file suit against Owner based on this
Judgment and the parties shall proceed to a Jury Trial on the issue of full compensation
and business damages, without the need for any further mediation. Attorney fees shall be
awarded pursuant to the provisions of Section 73.092(1), Florida Statutes, with the
benefit being calculated as the difference between the above -referenced settlement
4
offer(s) and the amounts contained in the final judgment(s). Costs shall also be awarded
in accordance with Section 73.091, Florida Statutes.
7. Title to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3,
105TCE4, and 105SWE being fully described in Exhibit "A" attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Order of Taking dated March 18, 2013, as
amended on October 27, 2013, and the deposit of money heretofore made, is approved, ratified
and confirmed.
8. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official
Record Book 7879, Page 1825, et seq., of the Public Records of Collier County, Florida, is
hereby dismissed as to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3,
105TCE4, and 105SWE.
9. The Court reserves jurisdiction to enforce the terms of this Final Judgment.
10. This Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
IT IS THEREFORE, DONE AND ORDERED in Chambers at Naples, Collier County,
Florida, this _ day of 2017.
EXHIBIT ONE TO JOINT MOTION
HONORABLEJAMESSHENKO
CIRCUIT COURT JUDGE
Copies to:
Jeffrey L. Hinds, Esq.
Jay J. Bartlett, Esq.
Kurt H. Garber, Esq.
Suzanne M. Driscoll, Esquire
Kenneth A. Jones, Esquire
Charles PT Phoenix, Esquire
5
Exhibit 1
(Two Pages)
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Exhibit A
(Twelve Pages)
Schedule I
(Fee Simple Acquisition)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF
ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116)
The following summarizes the interests and rights Collier County (hereinafter "the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
("Schedule II") and the obligations the County has agreed to comply with in connection
with such interests and rights:
1. The area of the interests and rights to be acquired by the County are described
and depicted herein and on Schedule Il.
2. Schedule II describes and depicts a fee simple acquisition from Owner(s) for road
construction and related purposes, all being associated with the Project. The County
shall acquire a fee simple interest in the property described and depicted on Schedule
ll.
Schedule I - Page 1 of 1
LEGEND
RW - ROIT-OF-WAY
OR - OFFICIAL RECORDS BDOK
PB - PUT BOOK
PG - PAGE
PDS . POINT OF BEGINNMG
NO. - NUMBER
S.R. - STATE ROAD
AKA - ALSO KNOWN AS
L - LENOIR
R - RADIUS
A - DELTA
CB - CHORD BEARING
C - CHORD
LEGAL DESCRIPTION — PARCEL 105FEE1 .1.1 `CJI
A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF
THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESIERLY
RICHT-OF-WAV LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF
THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31', AND WHOSE LONG CHORD BEARS N64'46'16'W
FOR A DISTANCE OF 36.86 FEET:
THENCE NO3^46'45'E FOR 60.26 FEET:
THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES:
1) THENCE 58T32'47'E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE
OF 1759'23', AND WHOSE LONG CHORD BEARS N85'57'31'E FOR A DISTANCE OF 11.31 FEET:
04'
THENCE S56'15'W FOR 75.86 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 2,331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 15 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 TE SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSKRJAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .-.
PROTECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPMON
PARCEL 105FEEI: RIGHT -OF -RAY
PREpARffi1 FOIL. COLUEE COT/NTY GOVOIKIBNT/BOARD OF COUNTY COMYIBSIONBBS
SCHEDULE II - Page 1 of 3
R
LOT 1
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CAPRI COMMERCIAL
\ 1
CENTER NO. 2
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PB 49, PG 5
LOWS$ HOME CENTERS, ING
OR 4467, PG 1996
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FOUO NO. 25365002589
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LEGEND
RW - ROIT-OF-WAY
OR - OFFICIAL RECORDS BDOK
PB - PUT BOOK
PG - PAGE
PDS . POINT OF BEGINNMG
NO. - NUMBER
S.R. - STATE ROAD
AKA - ALSO KNOWN AS
L - LENOIR
R - RADIUS
A - DELTA
CB - CHORD BEARING
C - CHORD
LEGAL DESCRIPTION — PARCEL 105FEE1 .1.1 `CJI
A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF
THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESIERLY
RICHT-OF-WAV LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF
THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31', AND WHOSE LONG CHORD BEARS N64'46'16'W
FOR A DISTANCE OF 36.86 FEET:
THENCE NO3^46'45'E FOR 60.26 FEET:
THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES:
1) THENCE 58T32'47'E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE
OF 1759'23', AND WHOSE LONG CHORD BEARS N85'57'31'E FOR A DISTANCE OF 11.31 FEET:
04'
THENCE S56'15'W FOR 75.86 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 2,331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 15 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 TE SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSKRJAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .-.
PROTECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPMON
PARCEL 105FEEI: RIGHT -OF -RAY
PREpARffi1 FOIL. COLUEE COT/NTY GOVOIKIBNT/BOARD OF COUNTY COMYIBSIONBBS
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LOT 1
V = go'
CAPRI COMMERCIAL
POB - POINT OF BEGINNIW
CENTER NO. 2
NO. - NUMITER
PB 49, PG 5
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996
FOLIO NO. 25366002589
a N18'17'33'E
40.BD'
TRACT
NO3'3'46'I5
UNPLATTED
KRG EAGLE CREEK III, LLC
OR 3605, PG 1131
SCHEDULE II -Page 2 of 3
105FEE2
654 SF
POB
FOLIO NO. 00726720800
SIMPLE
INTEREST
LEGAL DESCRIPTION — PARCEL 105FEE2
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RW - RN90-0F-WAY
OR - OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PG - PAGE
POB - POINT OF BEGINNIW
NO. - NUMITER
S.R. - STATE ROAD
ANA - ALSO KNOWN AS
I
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGTHENNING AT THE PUBLIC RECORDS F OWER COUNTY, FLORIDA NER OF THE EALSOBEING ARIBED IN OMCIAL PLATTED CORNERRDS BOOK OF LOT 13CAPRIPAGE 1131 COMMERCALF
CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE NBVC,4'47 W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3605, PAGE 1131;
THENCE LEAVING SAID NORTHERLY BOUNDARY NOS46'45"E FOR 46.34 FEET:
THENCE N18'17'33"E FOR 40.80 FEET;'
THENCE SO4'08'23"W FOR 86.03 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 654 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
JUN 15 2012
kk
MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 AT/SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRWYTON
PARCEL A05FEE2: RIGHT -OF -HAY
VWAW FOR COWELL COUNTY GOVTOIK/RNT/BOABD OF COUNTY COMMMONEAS
x •`\�f SCHEDULE II - Page 3 of 3 /
TA'APxIC SE" P
�I
LOT 1
/ CAPRI COMMERCIAL N3/'3I
PDB
CENTER
PB 31, PG 52
TJS NAPLES, LLC
Oft 4267, PG 3129
FOUO N0, 2536800002805FEE3
,003 SF
V ya
F
�b
LOT 1 '
CAPRI COMMERCIAL
CENTER NO. 2
PB 49, PC 5
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996 LEGEND
FOLIO NO. 25368002589w RW RW - RIGM-OF-WAY
N85'56'42WOR - OFFICl/L ITEOUROS BOOK
6.59' PPBO PAGE
BOOK
POB — POINT OF BEGBNING
NO. - NUMBER
�
ROAD
PLE S.R. - STATE R
AKA - use KNOWN As
LEGAL DESCRIPTION — PARCEL 105FEE3 ST
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN
PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL
CENTER NO. 2, AS RECORDED IN PLAT BOOK 49. PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,
LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951;
THENCE SO4'11'32'W FOR 273.75 FEET ALONG THE WESTERLY RIGHT-OF-WAY UNE OF S.R. 951;
THENCE LEAVING THE WESTERLY RIGHT-OF-WAY UNE OF SAID S.R. 951, N85'56'42W FOR 6.59 FEET;
THENCE N0346'45E FOR 257.49 FEET;
THENCE N31'36'327 FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER
(PLAT BOOK 31, PAGE 52). TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 2,003 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 15 2012
�M /int
MIC L A WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 D T SRiNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
T YIC.
PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION r,.A4AAyF4
PARCEL 105FEE3: RIGHT -OF -RAY "lowft"P"F'�'^• '
N R ulw
PREPARED FOR: COWER COUNTY GOY®OIYRNT/BOARD OF COUNTY COYIkMONEP5
JOB NUMBER REVISION SEOTION TOWNSHIP RANGE SCDATF DRAWN AY FILE NAME SNEE:
090081.00A0 1 3 51S 26E I.% =0' 3 13 12 R.A.K. SKD_tO5FEE3 1 OF 1
Schedule III
(Temporary Construction Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 601161
The following summarizes the interests and rights Collier County (hereinafter "the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
("Schedule IV") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule IV.
2. Schedule IV describes and depicts a Temporary Construction Easement ("TCE")
area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule IV as a temporary construction easement
area for the purpose of (1) constructing roadway, bikepath and sidewalk
improvements, drainage structures (including but not limited to ditches,
swales, earthen berms, rip -rap and retaining wall systems, underground
pipes, various types of water control structures), and any and all manner
of public and private utility facilities within the public right-of-way; (2)
constructing or modifying driveways, walls, and other structures affected
by the roadway construction but which are not within the public right-of-
way; (3) storage and marshalling of equipment and materials during the
roadway construction project, and (4) demolishing or clearing any
structures, improvements or other features required to be removed in
order to construct the improvements contemplated by the Contract Plans
for Intersection Capacity Improvements for Collier County Project No.
60116, with full authority to enter upon, grade, regrade, excavate or
otherwise construct such improvements as are necessary for the
construction of the Project, any improvements depicted in Schedule II, and
for restoring the temporary construction easement area.
Schedule III - Page 1 of 2
b. All the TCE rights and privileges granted herein shall commence on the
day the easement rights are vested in the County through agreement,
court order, or operation of law and end three (3) years after that date.
c. Throughout the duration, the County has the right and authority to remove
and dispose of dirt, rocks and vegetation within the temporary construction
easement area. To the extent damage or loss results from use of the TCE
by the County, its agents or contractors, County shall compensate
Owner(s) for any damage or loss remaining at the end of the of term of
this TCE.
3. Owner(s), their heirs, successors and assigns may continue to use the TCE area
for any lawful purposes that do not directly interfere with the County's acquired rights;
provided, however, that Owner(s), their heirs, successors and assigns shall not
construct nor permit to be constructed any building, structure, excavation or other
improvement or obstruction, on, over, under, above, across, within or through the TCE
area (for as long as it shall exist) which may interfere with the County's construction of
the improvements as depicted in the Contract Plans for Intersection Capacity
Improvements for Collier County Project No. 60116 or which would otherwise directly
interfere with the exercise by the County of its acquired easement rights, including
ingress to and egress from the TCE area (for as long as it shall exist).
Schedule III - Page 2 of 2
x SCHEDULE IV - Page 1 Of 4
� 6
0 2D 40 UNPLATTED
KRG EAGLE CREEK III, LLC w
GRAPHIC SCAB OR 3805, PG 1131
1• _ 40. \ FOLIO N0. 00726720800
d a
105TOE1 6"
1547 SF pOH
S8T32'47"E
a 30.01'
LOT I
W
CAPRI COMMERCIAL 7 4�
ENTERNPEI 49. OG 5 � � '�
LOWE'S HOME CENTERS, INC $ N6T32'47"W
OR 4467, PG 1896 F1 24.07' L
FOLIO NO. 25358002588 b3
N54'22'24W
7.64'
L-23.70'
R-82.00'
A-21'53'50' L-1 53'
CB-N6819'19"W R-100.00'
023.55' A-032'44'
C8-N76'49'53'W
C-1.53'
UNPLATIED
RED NAPLES HOLDINGS V. LLC
OR 4712, PG 2198
FOLIONO. 00726724107 LEGEND
RW - RIGNT-OF-WAY
OR - OFFICIAL RECORDS BOOK
PB - PUT BOOK
PG - PACE
POB . PONT OF BEGINNING
POC - POINT OF COIMFNCDVM
NO. -NUMBER
SR. — STATE ROAD
ANA - ALSO KNOWN AS
LEGAL. DESCRIPTION — PARCEL 105TCE1
A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 FAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE 5(NRIF+AST GORIER OF THE PAFDEL DESCRIBED N OPTICAL RECORDS BOOK 3605. PAGE 1131 OF THE PUNIC
AS SHOWN ON THE PLA CAPRI COMIEACML CENTER N0. 4 RECORDED N PUT ABOOK 49, RECORDS OF cDLuER COUNTY, FLOM006 AUSD HONG A PLATTED CORNER OF LOT I THE WERIGHT-OF-WAY THE PUBLIC RECORDS OF 51.
COWER COUNTY. FLORW&,
THENCE N.0732'47W.. FOR 24.07 F12T ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
3005, PAGE 1131, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL'
THFIKIE LEAVING SAID SOUTHERLY BOUNDARY. 5.03'46'45'*., FOR 00.26 FEET TO A PORK ON A CURVE' THENCE ALONG THE SOUTHERLY
BOUNDARY OF THE "ACCESS LEO' OF LOT 1, THE FOLLOMNG THREE (3) DESCRIBED OOURSES: 1) THENCE WESTERLY 1.63 FEET ALONG
THE ARC OF A NON-TANGFNML CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL. ANGLE OF 005744' AND
HMO SUBTENDED BY A CHORD WHICH DEARS N.75'49'53YP. PIM 1.63 FEET TO A POINT OF REVERSE CURVATURE: 2) THENCE
NORIMYESTERLY 23.70 FEET ALONG THE ARC OF A HEVTRSE CURIE TO THE RIGHT HAVING A RADIUS OF 6200 FEET THROUGH A
CENTRAL ANGLE OF 21'53'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NAB79'19'W. FOR 23M FEET,' 3) THENCE
N.SV22'24'W., FOR 7.64 FEET: THENCE, LEAVING THE SOUIHER.Y Ill"DARY OF SAID 'ACCESS LEG'. N.GS48'48'E., FOR 45.65 FEET:
THENCE S.OT32'47'E" FOR 30.01 FEET NTNG THE NORMERLY BOUNDARY OF HAD 'ADOESS LEG'. TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN:
CONTNMNO 1,647 SGUME FEET, MORE OR UES& SUBJECT TO EASEMENTS AND RESTRDTDNS OF IDCORD.
MICHAEL A. WARD PROFESSIDNAL LAND SURVEYOR LSI 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE R RAISED EMSMED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS 6 NOT A SURVEY.
IA Nli !Y M F ,.m/p lMl A Mtll FY—A- M CO01 M 1 M 4A •w M fliRLl_FYI
iC
PR0IEM.. 0.8.41/C.R.961/9.8.961 Dom T�
91=111 AND LEGAL DESCRRIP7770N R-�iivft
PARCEL 105TCEL: TEMPORARY CONSTRUCTION ZAffgN3MT A°1o"'�"P'°dMRBi1am0
IRCI-.RaDD•4RIm
PWAI® FM COLIM COUNTY OWUNIM/BURD OF LOIRTY ODNESSIGNUS Rvm:LOAI ��F�Ax,1LNjBl/aRA
JOB NUMBER TENSION SECTION TOWNSHIP RANGE SCALE DATE OR BY FlLE NAME SKELY
090001.00.00 3 3 515 26E 1" = 40' 4/18/13 GWR 9D_IOSTCE1JiLV1 1 OF 1
SCHEDULE IV - Page 2 of 4
•S
If E � 94 I wHryY
0 0 m
GWRiI�
1' - 80.
LOT 1
CAPRI COMMERCIAL
POC
CENTER
PB 31, PC 52
NAPLES, LLC
pm�NG mTJS
LEGEND
OR 4267, FG 3129
RW - RIGHT-OF-WAY
FOLIO NO. 25368000028
OR - OFFICIAL RECORDS BOOK
/
n
PB PUT BOOK
PG . PACE
0
N
POB - POINT OF BEGINNIM
OF CONMENCEMENI
POC - COMMENCEMENT
/
NUMBER
N0.. NUMBER
�
B.R. - STATE ROAD
p w
IllA . ALSO KNOWN AS
n
/ \
I�NS6'42V
T09'
aN
LOT 1 585'56'42"E
$
CAPRI COMMERCIAL 60.00'
^ @
CENTER NO. 2
m F
PB 49, PG 5 NOS4V45"E
3
LOWE'S HOME CENTERS, INC 70.00'
POB
b
OR 4467, PG 1996
q
I
FOLIO NO. 2536BW2589
SOS46'45"W
to
105TCE2 I
70.00'
4,200 SF
LEGAL DESCRIPTION — PARCEL 105TCE2
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER. AS RECORDED IN
PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL
CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA,
LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY UNE OF S.R. 951;
THENCE SO4'11'32 W FOR 203.75 FEET ALONG THE WESTERLY RIGHT -OF -WAV UNE OF SAID S.R. 951;
THENCE LEAVING SAID WESTERLY RIGHT -OF -WAV UNE N85'56'42W FOR 7.09 FEET. TO THE POINT OF BEGINNING OF
THE PARCEL DESCRIBED HEREIN:
THENCE SOS'46'45"W FOR 70.00 FEET;
THENCE NBS'56'42"W FOR 60.00 FEET;
THENCE NOS46'45"E FOR 70.00 FEET;
THENCE S85'56'42"E FOR 60.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 4,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TEMPORARY TECM - ROW
CONSTRUCTION EASEMENT JUN 15 2012
DURATION 3 YEARS.
ICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS/ 5301DA ST1-IGNED
NOT VALID WTTHOUT THE ORIGINAL SIGNATURE 8& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ..
PROJECT: U.S.41/C.R.951/8.R.951
SKETCH AND LEGAL DESCRIPTION
PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT
PREPARED FOTU COWER COUNTY GovaK RNT/BOARD OF COUNTY COIDO>iSTONERS
w
N \ /
1*
E
5 V
0 30 60
GMICSM
1.. 1.
LOT 1
CAPRI COMMERCIAL
CENTER NO. 2 SBS'56'
P8 49, PC 5
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996
FOLIO NO, 25368002589
N85'04'47'W
UNPIATfED
KRG EAGLE CREEK III, LLC
OR 3605, PG 1131
FOLIO NO. 00726720500
LEGAL DESCRIPTION — PARCEL 105TCE3
SCHEDULE IV - Page 3 of 4
i
t
to
O1
Is
N
�,�IX6TIND IIW
N
105TCE3
X821 SF
,S1617'33'W
40.60'
SOY46.34' 46'45w
46.3TEMPORARY
Poe CONSTRUCTION EAS
-Poc OURATION 3 1
LEGEND
RW _ RIGHT-OF-WAY
OR OFFICIAL RECORDS BOOK
M - PLAT BOOK
PG - PAGE
POB POINT OF BEGINNING
POC POINT OF COIMWCEMENf
NO. NUMBER
S.R. STATE ROAD
AKA ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131
OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI
COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE N65'G4'47YY FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
THENCE CONTINUE N85'04'47 -W FOR 5.00 FEET:
THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3'46'45'E FOR 46.87 FEET;
THENCE H1617'33'E FOR 40.81 FEET
THENCE NOW00'59"E FOR 76.49 FEET
THENCE S85'56'42E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE SO4'00'59'W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, SIB -17'33W FOR 40.80 FEET;
THENCE S03'46'45W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
JUN 15 2012
SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & ROUSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
PROJECT: U.5.41/C.11.951/S.R.951
SKETCH AND LEGAL DESCRWnON
VWa
MR � hO�MRC4
PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT
1418'17'337E
/
40.81'
CTRACT
P-3 �
I SECTION
3
_NO3'45'45'E I
I RANGE
26E
46.67'7
OATC
6 4 12
BRAWN BY
R.A.K.
N85'04'47'W
UNPIATfED
KRG EAGLE CREEK III, LLC
OR 3605, PG 1131
FOLIO NO. 00726720500
LEGAL DESCRIPTION — PARCEL 105TCE3
SCHEDULE IV - Page 3 of 4
i
t
to
O1
Is
N
�,�IX6TIND IIW
N
105TCE3
X821 SF
,S1617'33'W
40.60'
SOY46.34' 46'45w
46.3TEMPORARY
Poe CONSTRUCTION EAS
-Poc OURATION 3 1
LEGEND
RW _ RIGHT-OF-WAY
OR OFFICIAL RECORDS BOOK
M - PLAT BOOK
PG - PAGE
POB POINT OF BEGINNING
POC POINT OF COIMWCEMENf
NO. NUMBER
S.R. STATE ROAD
AKA ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131
OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI
COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE N65'G4'47YY FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
THENCE CONTINUE N85'04'47 -W FOR 5.00 FEET:
THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3'46'45'E FOR 46.87 FEET;
THENCE H1617'33'E FOR 40.81 FEET
THENCE NOW00'59"E FOR 76.49 FEET
THENCE S85'56'42E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE SO4'00'59'W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, SIB -17'33W FOR 40.80 FEET;
THENCE S03'46'45W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
JUN 15 2012
SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & ROUSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
PROJECT: U.5.41/C.11.951/S.R.951
SKETCH AND LEGAL DESCRWnON
VWa
MR � hO�MRC4
PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT
EE'DA1ewPYkpM.&1 m
NfW.M1MYJIIN
PEEPAR® FM- COWER COIRTY GOYAINMRJTOOBOARD OF COUNTY COWSSIONITRS
rnu,.:pa)snam FAILLAIR%1�
axc:mu
JOB NUMBER
000081.00.00
I REVISION
0
I SECTION
3
IOWNSHIV
515
I RANGE
26E
SGCAIC
1" . 60'
OATC
6 4 12
BRAWN BY
R.A.K.
FILE NAME
SKD_705TCE3
SHECT
1 or 1
x \ G SCHEDULE IV -Page 4 of 4 \
S
��I-wyy� R/
0 30 ba `J
T��\
GRAPHIC SONE
1 S31'36'32'W
18.33'
PO
LOT 1 N31'36'32"E I POC
CAPRI COMMERCIAL 10.71. TEMPORARY
PB 3EMPG
TRS NAPLES, LUL-C CpNSTRUMN EASEMENT
POOR W NO 4267. 68'0'020028 DURATION 3 YEARS.
'Y
LOT 1
CAPRI COMMERCIAL
CENTER NO. 2
PS 49, PG 5
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996
FOLIO NO. 25368002589
LEGAL DESCRIPTION — PARCEL 15YCE4
105TCE4
914 SF
Ln g
0)
rn
LEGEND
R4 - OFFICIAL RECO
OR - PLAT BO RECORDS BOOK
PB - PUT BOOK
PG - PAGE
POB PONT OF COBEGINNING04C
POC . UMH OF COMMQICEIIFM
W. — SATE
AMER
- RATE ROAD
AM ALSO KHowN As
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER LYING ON THE WESTERLY
RIGHT-OF-WAY UNE OF STATE ROAD 951, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF
COLUER COUNTY, FLORIDA, ALSO BEING THE NORTHEASTERLY PLATTED CORNER OF LOT 1. CAPRI COMMERCIAL CENTER
NO, 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE S31'36'32 W FOR 18.33 FEET, ALONG THE COMMON BOUNDARY OF SAID LOT 1. CAPRI COMMERCIAL CENTER
AND SAID LOT 1, CAPRI COMMERCIAL. CENTER NO. 2, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
THENCE LEAVING SAID COMMON BOUNDARY, S03 -46.45"W FOR 187.49 FEET;
THENCE N85'56'42W FOR 5.00 FEET;
THENCE NO3'46'45"E FOR 178.00 FEET. TO A POINT ON SAID COMMON BOUNDARY;
THENCE N31'36'32'E FOR 10.71 FEET ALONG SAID COMMON BOUNDARY. TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
JUN 1 5 2012
MICHAEL A WARD PROFESSIONAL LAND SURVEYOR l5/ 5301 D ICNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
.w.. a au ev r -Ww ,.mm u., a .we, w.-ar.. •�...+• w war neners rr,n,n ,_ w new." n+ r ov,_,rom
PROJECT: U.S.41/C.R.951/S.R.951A" M,w
SKETCH AND LEGAL DESCRIPTION
PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT N1°WAR YaA M -.&MAO
NWa.AVIF J M]
PREPARED 70R: COWER COUNTY COYEWII®iT/BDARD OF COUNTY COITIIIBSIONERS Pm".:1%1el eaTinWWR Ttl%W!-0SM
JOH NUMBER RENSION SECTION TOWNSHIP RANGE SCALC OATF DRAWN BY FII" NAME SHEET
090081.00.OD 0 3 51S 2HE i" - 60' 6 5 12 R.A.K. SKD-105TCE4 1 OF 1
Schedule V
(Sidewalk Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 601161
The following summarizes the interests and rights Collier County (hereinafter "the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
("Schedule VI") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule VI.
2. Schedule VI describes and depicts a Sidewalk Easement ("SWE") area. The
rights acquired to such SWE shall be as follows:
The County shall have a perpetual, non-exclusive sidewalk easement for
the purpose of maintaining an existing sidewalk and related improvements
located over, upon and across the lands described in Schedule VI,
together with the right to enter upon said land and to maintain, repair,
replace and/or remove the existing sidewalk and related improvements
thereon, as the County may deem necessary in its sole and absolute
discretion
3. Owner(s), their heirs, successors and assigns may continue to use the SWE area
for any lawful purposes that do not directly interfere with the County's acquired rights or
the public's use of the existing sidewalk and related improvements thereon; provided,
however, that Owner(s), their heirs, successors and assigns shall not construct nor
permit to be constructed any building, structure, excavation or other improvement or
obstruction, on, over, under, above, across, within or through the SWE area or which
may interfere with the County's maintenance, repair, replacement and/or removal of the
existing sidewalk and related improvements thereon or which may interfere with the
County's construction of the improvements as depicted in the Contract Plans for
Intersection Capacity Improvements for Collier County Project No. 60116 or which
would otherwise directly interfere with the exercise by the County of its acquired
easement rights, including ingress to and egress from the SWE area.
Schedule V - Page 1 of 1
N
Schedule VI (1 OF 1)
PARCEL 105SWE
e (Revised 6-15-2012) /
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KRG EAGLE CREEK
M LLC OR 4122,
PG 2822FOUO
0072636N0DD5 4p14
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N35'42'50'E 1t4 �'9y
6.00' SIDEWALK EASEMENT Ag \
K�uEAAGLE 2,998 SF /
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OR 3344. PG Q, 4•
260 ��?. *1l'
FOLIO NO. 7 Jy
00726723
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POB
LOT I S3V37'36'W
CAPRI COMMERCIAL 8.00'
CENTER NO. 2
PB 49, PG 5
LOWE'S HOME CENTERS, INC
LEGEND OR NO. 36 1998 \
RW - RMITOFTV of WAYECO FOLIO NO. 25568002588 LOT 2
CAPRI COMMERCIAL
OR R PLAT BO RECORDS BOOK
M ' RAT BDdc CENTER REPLAT
P PAGE PB 35, PG 55
POB POINT OF eEGMJND ppp...
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28
SR _ STATE ROAD /
'� _STATE
KI>OMN '� FOUO NO. 25368002026
LEGAL DESCRIPTION — SIDEWALK EASEMENT /
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49,
PACE 5 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA;
THENCE S35'37'35'W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1;
THENCE N54'22'24W FOR 374.76 FEET;
THENCE N3642'50'E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1;
THENCE S54'22'24E FOR 374.75 FEET ALONG THE SOUTHERLY RICHT—OF—WAY LINE OF U.S. 41, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 2.998 SOUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
*i�MIC AWARD PROFESSIONAL LARD SURVEYOR LsJ 5301 A/SI=GNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
•/ 4 A,l RII .v R ilPltl lMl 1 OOfI FY,RM /N W I Rf IYRV1. ,- M 1(I�IF M Ot f VLINQI
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PROJECT: U.S.41/C.R.951/6.R.951PTI
SKETCH AND LEGAL DESCRION Ay N w
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PS!lPAIZ® FOR: COMJBR COUNTY fAPEI10le1T/B011tD OF COUNTY COIOD6ADTRfPS FnNR:aa>t w)mn FAt<:B�Iso]am
IA IM 0.Y1
JOB NUMBER I RLVISION SECTION I TOWNSHIP RANGE I SCALE DATE DI+AWN DY SHEET
090081.00.00 2 3 51S 26E t' BO' 6 4 12 R,A.K. 7 OF 1