Agenda 05/13/2013 Item #16A265/14/2013 16.A.26.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to Parcels 109FEE,
109SWE1, 109SWE2 and 109TCE as part of the US -41 / Collier Boulevard Intersection
Improvement project (Project No. 60116) Fiscal Impact: $8,907.50.
OBJECTIVE: To settle the lawsuit styled Collier County v. Lowe's Home Center, Inc., et al, as
to Parcel 109FEE (TJS Naples, LLC) and eliminate exposure to further costs arising out of
extended litigation.
CONSIDERATIONS: Parcel 109FEE was taken by Collier County for the purpose of
constructing at -grade improvements to the intersection of US -41 and Collier Boulevard. The
parent tract property is leased to Walgreens.
Collier County deposited $16,600 into the court registry for the taking of Parcel 109FEE. This
was the estimate of full compensation according to the County's real estate appraiser. The
property owner has agreed to settle the case for the total sum of $25,200, inclusive of all attorney
fees and expert witness costs, and all claims of severance damages. In addition, the owner will
be donating to the County two sidewalk easements along the property's US -41 frontage and a
temporary construction easement over a portion of the driveway. Parcel 109SWE1 runs across
the frontage of the Walgreens parent tract property, and Parcel 109SWE2 runs across the
frontage of the 7 -11 parent tract property. Parcel 109TCE is a temporary construction easement
across the only driveway into the property and will allow the County's contractor to enter the
property for the purpose of re- striping the pavement and connecting the new concrete curb
returns along the US -41 pavement with the existing concrete curb returns on either side of the
entrance drive.
FISCAL IMPACT: Additional expenditures include $8,600 for deposit into the court registry,
$170 Clerk's Service Fee, and $137.50 in recording fees. Funds in the amount of $8,907.50 are
available in the project. Source of funds are impact fees. The estimated annual operating and
maintenance costs of the new right -of -way will be negligible due to the small size of the parcel
(.0109 acres) while it remains unimproved.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
approve entry of the attached Stipulated Final Judgment with the Circuit Court.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachment: Stipulated Final Judgment
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5/14/2013 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE as part of the US -41 / Collier Boulevard
Intersection Improvement project (Project No. 60116) Fiscal Impact: $8,907.50.
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
4/15/2013 12:52:18 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:55:24 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:56:40 PM
Name: KearnsAllison
Date: 4/18/2013 2:22:22 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/18/2013 3:59:03 PM
Name: ShueGene
Date: 4/18/2013 6:00:14 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 4/24/2013 8:40:57 AM
Name: MarcellaJeanne
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Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:41:18 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:12:49 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 1:26:22 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/2/2013 2:04:41 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:49:25 PM
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5/14/2013 16.A.26.
ELM
5/14/2013 16.A.26.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, apolitical
subdivision of the State of Florida,
Petitioner, Case No.: 2013 -CA -142
VS.
Parcels: 109FEE
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.
STIPULATED AMENDED ORDER OF TAKING AND FINAL JUDGMENT
AS TO INTEREST OF TJS NAPLES LLC IN PARCELS 109FEE 109SWEI 109SWE2
AND 109TCE WITH DISBURSEMENT ORDERS TO CLERK
THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Order
of Taking and Final Judgment as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE ( "Joint
Motion ") filed by Petitioner, COLLIER COUNTY ( "COUNTY "), and Respondent, TJS
NAPLES, LLC, a Florida limited liability company ( "OWNER "). The Court having reviewed
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no
the record and it appearing that the parties hereto were authorized to enter into the Joint Motion
and that the papers filed herein by COUNTY are in proper and sufficient form, and the Court
finding that the compensation to be paid by COUNTY is full, just and reasonable for all parties
concerned, and being otherwise fully advised in the premises, it is hereby
ORDERED and ADJUDGED that:
I. All parties have been properly served with process or otherwise have submitted
themselves to this Court's jurisdiction. The Court has jurisdiction over the parties and the
subject matter of this cause pursuant to Florida Statutes, Chapters 73, 74 and 127.
2. On March 1, 2013, this Court entered an Order of Taking as to Parcels 109FEE
(the "Order of Takinc, "). Pursuant to Fla. Stat. §74.051(2) and the Order of Taking, COUNTY
timely deposited the sum of SIXTEEN THOUSAND SIX HUNDRED AND NO /100 Dollars
($16,600.00) into the court registry on March 18, 2013, said sum being the amount of
COUNTY's good faith estimate of the total value of Parcel 109FEE. Thereupon, COUNTY
became vested with such fee simple interests in and to Parcel 109FEE as described in the Order
of Taking and in Schedules I and II attached thereto. Said Order of Taking is hereby ratified and
confirmed.
3. Pursuant to the Joint Motion, OWNER and COUNTY have stipulated to amend
the Order of Taking in order to add certain sidewalk easements and an additional temporary
construction easement designated as Parcels 109SWEI, 109SWE2 and I09TCE, which are
described herein and in Schedules III, IV, V, VI and VII attached hereto, to the property being
appropriated by COUNTY. OWNER and COUNTY have stipulated that these interests differ
from those sought in the Petition filed in this cause and have further stipulated that the interests
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5/14/2013 16.A.26.
described in the Order of Taking, together with the interests described herein as described in
Schedules I, II, III, IV, V, Vi and VII attached hereto, all of which include Parcels 109FEE,
109TCE1, 109SWE1, and 109SWE2, and which constitute the property interests rightly acquired
by COUNTY in this condemnation proceeding. Such stipulation is hereby ratified, confirmed,
and incorporated into this Amended Order of Taking and Final Judgment.
4. All other conditions precedent to COUNTY's requested relief have been
performed, have occurred or have been waived.
5. The amounts awarded herein are not subject to apportionment with any litigant
other than Respondent, LARRY H. RAY, as Collier County Tax Collector. Respondent,
LARRY H. RAY, as Collier County Tax Collector may have a claim to the proceeds to be paid
for Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE for current and delinquent ad valorem
taxes and other assessments assessed against said Parcels through the date of taking.
Accordingly, pursuant to the authority under section 73.061, Florida Statutes, the Clerk is
directed to pay to the Collier County Tax Collector any taxes shown to be due and owing from
the proceeds to be paid to OWNER prior to disbursement to OWNER as set forth below, unless
said payment has already been made.
6. Based upon the foregoing, it is proper that this Amended Order of Taking and
Final Judgment as to Parcels 109FEE, 109SWEl, 109SWE2 and 109TCE should enter in favor
of COUNTY and against OWNER as listed in the Petition in Eminent Domain as its interests
may appear.
7. The Joint Motion is GRANTED and is incorporated by reference into this order
and judgment.
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8. Upon COUNTY's deposit of the monies herein ordered to be deposited, as
evidenced by the Clerk's certificate of deposit, COUNTY shall be vested with a fee simple
interest in and to the property designated as Parcel 109FEE, a temporary construction easement
in and to the property designated as Parcel 109TCE, and a permanent sidewalk easement in and
to the property as described herein as Parcels 109SWE1 and 109SWE2 without further notice or
order of this Court, and Petitioner shall be entitled to immediate possession of such property
interests, which property interests shall be deemed to have been condemned and taken for the
uses as set forth in the Petition in Eminent Domain and in Schedules 1, II, III, IV, V, VI and VII
attached hereto.
9. OWNER shall have and recover from COUNTY the sum of TWENTY -FIVE
THOUSAND TWO HUNDRED FIFTY AND NO 1100 DOLLARS (525,200.00), in full
compensation for the property interests taken, improvements taken, severance damages, cure costs
and all other damages or compensation claimed by or through Owner, its successors and assigns,
now and in the future arising from the taking of Parcels 109FEE, 109SWE1, 109SWE2 and
109TCE in this cause, subject to the possible payment of any unpaid pro -rated ad valorem taxes
assessed against said Parcels through the date of taking. The aforementioned compensation paid
by COUNTY includes full payment of all of OWNER's fees and costs, including but not limited
to all attorneys' fees and costs and all experts' fees and costs, necessarily expended or incurred in
this cause by or on behalf of Owner.
10. COUNTY shall be and is hereby credited the sum of SIXTEEN THOUSAND
SIX HUNDRED AND NO /100 DOLLARS (516,600.00) previously deposited into the Court
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5/14/2013 16.A.26.
registry pursuant to the Order of Taking. Such sum is hereby credited towards payment of the
awards made herein.
11. Accordingly, within thirty (3 0) days after the date of this order and final judgment,
COUNTY shall deposit into the registry of this Court the sum of EIGHT THOUSAND SIX
HUNDRED AND NO /140 DOLLARS ($8,600.00) which represents the remaining balance and
which total sum shall satisfy the awards made herein.
12. Pursuant to the Joint Motion, OWNER and its counsel each have agreed that no
nonmonetary benefits have been achieved in this cause and thereby have waived any additional
claim for attorneys' fees or costs against Petitioner in this cause as to Parcels 109FEE,
109SWE1, 109SWE2 and 109TCE. Such stipulation is hereby ratified and incorporated into this
order and judgment.
13. Without further order of this Court, upon COUNTY's deposit, the Clerk of this
Court shall forthwith pay to OWNER, the total sum of TNVNETY -FIVE THOUSAND TWO
HUNDRED FIFTY AND NO /100 DOLLARS ($25,200.00 ), less any unpaid pro -rated ad
valorem taxes and assessments assessed against Parcels 109FEE, 109SWE1, 109SWE2 and
109TCE through the date of taking. Immediately upon issue, the Clerk shall mail its check to
TJS NAPLES, LLC, 9S175 Drew Avenue, Burr Ridge, Illinois 60527, for disbursement in
accordance with this order and judgment. The interest, if any, related to the deposits referenced
herein shall be distributed pursuant to the formula set forth in Section 74.051 Florida Statutes.
14. There is no other or further compensation, damages, attorneys' fees and costs or
experts' fees and costs due from COUNTY to OWNER in this matter as to Parcels 109FEE,
109SWEI, 109SWE2 and 109TCE.
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15. The Court retains jurisdiction for determination of unpaid taxes, for
apportionment and for enforcement of the terms of this order and judgment as may be necessary.
DONE and ORDERED in chambers in Collier County, Florida on this day of
2013.
Copies furnished to:
Jeffrey L. Hinds, Esquire
Suzanne M. Driscoll, Esquire
Theodore Schmidt
Larry H. Ray, Collier County Tax Collector
Page 6 of 8
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
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5/14/2013 16.A.26.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
LS AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No.: 2013 -CA -142
vs.
Parcels: 104FEE
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.
JOINT MOTION FOR ENTRY OF STIPULATED AMENDED ORDER
OF TAKINGAND FINAL JUDGMENT AS TO AS TO PARCELS
109FEE 109SWE1 109SWE2 AND 109TCE
Petitioner, COLLIER COUNTY, and Respondent, TJS NAPLES, LLC, a Florida limited
liability company, by and through their undersigned counsel, hereby stipulate and jointly move
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5/14/2013 16.A.26.
that the Court enter the foregoing Stipulated Order of Taking and Final Judgment as to Parcels
109FEE, 109SWE1, 109SWE2 and 109TCE.
Theodore J.: SClT dt, Esq.
Schmidt Salzman & Moran, Ltd.
111 W *aAington St Ste 1300
Chicago;' TL 60602 -3466
Counsel for Respondent TJS Naples, LLC
Dated this t L ---day of 2013
Jeffrey L. Hinds, Esq,
FBN: 0008710
Jay J. Bartlett
FBN: 875163
SMOLKER BARTLETT SCHLOSSER
LOEB & HINDS, P.A.
500 East Kennedy Blvd., Suite 200
Tampa, Florida 33602
(813) 223 -3888
Special Counsel to the Petitioner
Dated this
2013.
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co
5/14/2013 16.A.26.
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 11 ") 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 II.
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
11,
Schedule I - Page 1 of 1
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5/14/2013 16.A.26.
N SCHED LE it
Pa 1 of 1
'*E
s �s
0 40 80
SD' LEGEND
FCRE AOR OFIIa CORDS BOOK
'v P8 = PLAT BOOK
PG - PACE
ROB = POINT OF BEGINNING
N0, NUMBER
SA, a STATE ROAD
LOT 2 AKA ALSO KNOWN AS
CAPRI COMMERCIAL
CENTER REPLAT
PS 35, PG 85 Aw
TJS NAPLES, LLC
OR 4267, PG 3129
FOLIO NO. 25368002025
N70'13'06 "E
(-9.72'
109FE£
475 SF SO4'11'32"W
LOT 1 48.48'
CAPRI CENTER OMMERCAL NO3 45'4 8 POB
60.81'
ER
PE 31. PG 52
TJS NAPLES, LLC S31'36'321W
OR 4267, PG 3129 1833
IF NO. 25368000028
Rw
LOT 1 CY)
CAPRI COMMERCIAL
CENTER N0. 2 a 0=
PE 49. PG 5 I Uj
LOWE'S HOME CENTERS, INC
OR 4467, PG 1995 FEE SNA L.E
FOLIO N0. 25368002589 INTEREST
LEGAL DESCRIPTION' — PARCEL 109FEE
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 COMMON EASTERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER. AS RECORDED IN
PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COWER COUNTY. FLORIDA AND LOT ' CAPRI COMMERCIAL
CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COU3ER COUNTY, FLORIDA,
ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951;
THENCE S31'36'32W FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER. AS
RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE LEAVING SAID EASTERLY BOUNDARY, NO3'46'45'E FOR 60.81 FEET;
THENCE N7(T13'06'E FOR 9.72 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF S:R. 951 AND
THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41;
THENCE SD4711'3Z'W FOR 48.48 FEET ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 475 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
TECM - ROW
SEP 19 2012
MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 TE SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE 6c RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS LS NOT A SURVEY.
PROJSCI`. t).S.41 /C.R.961 /S.R.951
SMCII AND LEGAL DESCRIPTION i -47
ig
PARCEL JD9M RIGHT—OF—TAY esivwa�waon�.sw.mo
Negac.Flotldaaa)p9
PWAM FOR CIXIM CGT1M L•D4ERNiTSN'T /BOARD OF COUNTY COISIOSBIONERS t :1m)M74ns FAx:�6274M
tB w.: qw'
JOB NUMBER REti9SKM SECTION TOWNSHIP RANGE SCALE DATE DRAWN tiY FILE NAME SHEET
nannttl.0O.o0 0 3 51S ?6E 1' 80' 7/23/12 RAK. SKO_109FEE3 1 OF
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5/14/2013 16.A.26.
Schedule 111
(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. 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
( "Schedules IV and V") 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 Schedules IV and V.
2. Schedules IV and V describe and depict Sidewalk Easements ( "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 Schedules IV and V,
together with the right to enter upon said land and to maintain, repair,
and /or replace 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 III - Page 1 of 1
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F
B E
S
0 40 80
1` B0'
LOT 2 N35
CAPRI COMMERCIAL
fJ CENTER REPLAT
Pe 35, PG 85
TJS NAPLES, LLC
OR 4267, PG 3129
FOLIO NO. 25368002026
Schedule IV 4
PARCEL 109SWE1
(revised 6-13 -2012)
P
GS
G RYr
,—pos
109SWE1
1,561 SF
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LEGEND
RW RICHT —OF —WAY
Oke OFFICIAL RECORDS BOOK
PB = PLAT WOK
PG . PAGE
PDB POINT OF BEmmmr
NO. = NUMBER
S.R. STATE ROAD
AKA = ALSO KNOWN AS
LOT t S70"13'06"W
9.72'
CAPRI COMMERCIAL
CENTER
\P PB 31. PC 52
\ TJS NAPLES, LLC
OR 4267, PG :31212
9
FOLIO NO. 25368000028
LOT 1
CAPRI COMMERCIAL
CENTER NO. 2 iS
PB 49, PC 5
LOWS S HOME CENTERS, INC
cog
OR 4467, PG 1996
FOLIO NO. 25368002589
LEGAL DESCRIP110N — SIDEWALK EASEMENT
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 NORTHWEST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGE
52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH LOT 2, CAPRI
COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41:
THENCE S54'22'24 "E FOR 197.91 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41, TO THE INTERSECTION
OF SAID SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41 AND THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951:
THENCE LEAVING SAID RIGHT -OF -WAY LINES, S70'13'06 'W FOR 9.72 FEET;
THENCE N54'22'24W FOR 192.39 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL
CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
THENCE N35'37'36'E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, TO THE POINT OF BEGINNING
OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1,561 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAEa _: k'ARD PROFESSIONAL LAND SURVEYOR LS# 5301 D TE SIGNED
`NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY,
95If 3KSTCH AND LEGAL D83 RH'TTON t fd k smv - �*
4r.ot °tWy..
sewWo-p.kawe. bLftwo
P1;EPA�D F01r COSS�R COMM SD�tili8l:lf801BD OF COittT1Y COYN155tONEES ft.WPq u1e 4VfiFAC09t1*>4i1s
1Hhb_,o2 z
JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY SHEET
090081.00.06 1 a 3 51S 26E 1 1' - 66' 8/10/12 1 R.A.K. 1 OF 1
Packet Page -1389-
LOT 1
CAPRI COMMERCIAL
CENTER NO. 2
PB 49, PG 5
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996
FOLIO NO. 25368002589
LEGEND
RW = RIGHT— OF—WAY
OR n OFFICIAL RECORDS BOOK
P8 c PLAT BOOK
PC PAGE
POB POINT OF BEGINNWG
NO. NUMBER
SR STAM R040
AKA ALSO KNOWN AS
Schedule V
PARCEL 109SWE2 'p
(revised 8- 16- 2012)
EXISTING RW
�V Gir1,�q
3 �
7
09SWE2
'36B SF
LOT 2
CAPRI COMMERCIAL
CENTER REPLAT
PB 35, PC 85
TJS NAPLES, LLC
OR 4267, PG 3129
FOLIO NO. 25368002026
LEGAL DESCRIPndN — SIDEWALK EASEMENT
! 8.00'
LOT I
CAPRI COMMERCIAL
CENTER
PB 31, PG 52
TJS NAPLES, LLC
OR 4267, PG 3129
FDUO NO. 25386000028
5/14/2013 16.A.26.
A PARCEL OF LAND LYING IN SECTM 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT. AS RECORDED W PLAT HOOK
35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE S54`22'24 E FOR 170.98 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41;
THENCE S35'37'36 "W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 2;
THENCE N5422'22°W FOR 170.98 FEET:
THENCE N3637'36"E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF' SAID LOT 2, TO THE POINT` OF BEGINNING
OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1.388 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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CHAEL A. WARD PROFESSIONAL LAND SURVEYOR IS# 5301 DATE SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER, THIS IS NOT A SURVEY.
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Packet Page -1390-
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Schedule VI
(Temporary Construction Easement - Driveway Restoration)
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 VII ") 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 on Schedule VII.
2. Schedule VII describes and depicts a Temporary Construction Easement -
Driveway Restoration ( "TCE ") area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule VII as a temporary construction and driveway
restoration 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 wail
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, (4) demolishing or
clearing any structures, improvements or other features required to be
removed in order to construct the contemplated improvements, and (5) for
the purpose of constructing with materials of like kind, a driveway /turnout
and /or providing a continuous transition between the existing driveway
and the newly constructed road, sidewalk and drainage improvements
proposed as a part of Project No. 60116, for connecting new concrete
curbing on either side of the entrance drive to the existing curbing on
Owner(s) property and refreshing the pavement markings on the driveway,
all with full authority to enter upon, grade, regrade, excavate or otherwise
Schedule VI - Page 1 of 2
Packet Page -1391-
5/14/2013 16.A.26.
construct such improvements as is necessary for the construction of
Project No. 60116 and its associated improvements, any improvements
depicted in Schedule ll, and for restoring the temporary construction and
driveway restoration easement area.
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 of the TCE, 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 results from use by
the County, its agents or contractors, the County shall compensate
Owner(s) for any damage or loss remaining at the end of the 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 VI - Page 2 of 2
Packet Page -1392-
R Schedule VII
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LEGAL DESCRIPTION — PARCEL 109TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
5/14/2013 16.A.26.
LEGEND
RW = RIGHT —OF —WAY
OR OFFICIAL RECORDS BOOK
PR PLAT BOOK
PG = PACE
POS POINT OF BEGINNING
,"NO. NUMBER
SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA, BEING
COMMENCING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK
35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1,
CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41;
THENCE S3537'36W, ALONG THE WESTERLY BOUNDARY OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED
IN PLAT BOOK 35, PAGE 85 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA FOR 8.00 FEET;
THENCE LEAVING THE WESTERLY BOUNDARY OF SAID LOT 2. S54'Z2'24'E FOR 5.25 FEET. TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN;
THENCE CONTINUE 554'22'24'E FOR 50.00 FEET;
THENCE S35'37'00'W FOR 15.00 FEET;
THENCE N54'22'24'W FOR 50.00 FEET;
THENCE N35'37'00'E FOR 15.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 750 SQUARE FEET MORE T R LES . SUBJ C TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONSTRUCTION EASEMENT TECM - ROW
OMTMN 3 YEARS. JUN 15 2012
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MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 0 TE SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER, THIS IS NOT A SURVEY.
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SKETCH AND LEGAL DESCRIPTION
PARCEL 109TC1 1: TEMPORARY CONSTRUCTION EASEMENT
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PREPARED FOR: COLLIER COUNTY COVIERNIO NT/80ARD OF COUNTY COYIHSSIONERS
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