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Agenda 10/09/2012 Item #11B10/9/2012 Item 11.13. EXECUTIVE SUMMARY Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. OBJECTIVE: To acquire the right -of -way needed for at -grade intersection improvements at the intersection of US 41 and Collier Boulevard. CONSIDERATIONS: In 2008, the Florida Department of Transportation (FDOT) undertook a Project Development and Environment (PD &E) Study that evaluated the need for capacity improvements at the intersection of US 41 and SR/CR 951 (Collier Boulevard) and the widening of US -41 southeast to CR 92 (San Marco Drive). This study was completed and approved by FDOT on July 16, 2008, and later approved by the Federal Highway Administration (FHWA). Shortly thereafter, the Collier County Transportation Division commissioned a comprehensive intersection improvement study to analyze the effectiveness of the PD &E's recommended improvements at the intersection. This study, completed in November 2008, found that the intersection capacity improvements recommended by the PD &E would not have provided an acceptable level of service for very many years, nor did the PD &E's recommended improvements address the existing skewed alignment at the intersection. The traffic analysis showed that both the existing intersection configuration and the improvements recommended by the PD &E would not meet future traffic needs and that traffic congestion will increase, causing motorist delays. The intersection study concluded that a realignment of the intersection to remove the skew would increase capacity well into the future, significantly improve public safety and would provide a right -of -way footprint that would allow for the construction of a future overpass with a north -south grade separation if funding should ever become available, and should a future Board of Commissioners approve such a project. In order to construct improvements at this intersection that differed from those recommended by the PD &E, Collier County in coordination with the FDOT initiated a formal reevaluation of the US 41 PD &E study for the intersection of US 41 and SR 951 / CR 951 as required by FHWA procedures. This formal re- evaluation of the original PD &E study was completed in January 2012. In the months since the re- evaluation was completed and approved, Stanley Consultants have brought a new at -grade intersection design forward to the 60% stage. Construction of the improvements proposed by the Stanley design will require the acquisition of 41 parcels of right -of -way, totaling 8.09 acres, from 22 separate property owners. In order to construct the proposed capacity improvements, the County must be able to acquire the land and easements depicted in the legal descriptions attached to the proposed resolutions by condemnation if necessary. Construction of this project is scheduled for 2013. The Board of County Commissioners has been advised through numerous communications of the need for these intersection improvements. The Board is herewith being advised of the various factors considered by its professional engineering staff and consultants, which include the environmental impacts, costs, public health, safety and welfare considerations, and the long -range planning needs and impacts. Reference is made to the attached Right -of -Way Acquisition Report prepared by the firm of Stanley Consultants, Inc. By its review, concurrence and approval of this executive summary, the back- up documentation, and the proposed resolutions, the Board will have determined that the legal descriptions, and the land or easements specified on each legal description, which are a part of the attached resolutions, represent the most feasible location, and are necessary for the construction of the proposed improvements. Packet Page -69- 10/9/2012 Item 11.B. FISCAL IMPACT: The cost of acquiring the land and easements needed to construct the at -grade intersection improvements is estimated to be $13,500,000. This estimate is based on real estate appraisals of the market value of the land and easements required for the project as well as the appraisers' estimates of the real estate severance damages which may accrue to the remainder properties. It is also based upon estimates of claims for damages to businesses caused by the project that the County is likely to receive, prepared by a business damage consultant under contract to the County. Appraisal Reports (where appraisals were prepared in- house) and Appraisal Review Summary sheets (where appraisals were obtained from outside appraisers) are attached for all parcels, excluding the reports for Parcels 107FEE, 107TCEl, 107TCE2, 116FEE, 116TCE1, 116TCE2, and 116TCE3, which have not as yet been finalized. The complete appraisal reports prepared by our outside appraisers have not been attached as they are voluminous, but will be made available if requested. In addition to the appraised values and estimates of damages that land owners and business proprietors may claim, this figure also includes staff's estimate of all expenses for title work, real estate appraisals, and expenses related to condemnation, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. To the extent settlements are achieved in lieu of litigation, this figure may be reduced significantly. Alternatively, unique complexities associated with the commercial nature of the bulk of the properties on this project could result in significant unanticipated costs stemming from unfavorable jury awards and litigation expenses. While the County's cost estimating process routinely takes this fact into account, overages in these categories could be as high as 20 -30 %. Source of funds are Road Impact Fees and Gas Taxes. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolutions; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolutions and the approval of this Executive Summary. Prepared By: Kevin Hendricks, Right -of -Way Manager — Transportation Engineering. Attachments: a) Individual Condemnation Resolutions (with Schedules) for each parent tract from which land and /or easements are required; b) Right of Way Acquisition Report; c) Appraisal Reports and Appraisal Review Summary sheets; and d) Location Map. Packet Page -70- 10/9/2012 Item 11.13. COLLIER COUNTY Board of County Commissioners Item Number: 11.B. Item Summary: Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. (Jay Ahmad, Transportation Engineering Director.) Meeting Date: 10/9/2012 Prepared By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineerin 6/5/2012 11:39:37 AM Approved By Name: GossardTravis Title: Superintedent - Roads & Bridges,Transportation Eng Date: 9/13/2012 12:43:29 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 9/18/2012 1:06:35 PM Name: LynchDiane Title: Administrative Assistant Date: 9/19/2012 9:20:14 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 9/19/2012 2:17:43 PM Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering Date: 9/21/2012 3:36:59 PM Name: ShueGene Date: 9/24/2012 9:21:59 AM Packet Page -71- Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 9/24/2012 2:20:34 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/27/2012 8:30:54 AM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 11:09:15 AM Name: UsherSusan Title: Management /Budget Analyst, Senior,Office of Manage Date: 10/1/2012 12:33:35 PM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 1:22:26 PM Name: OchsLeo Title: County Manager Date: 10/2/2012 4:06:40 PM Packet Page -72- 10/9/2012 Item 11.13. P.- 10/9/2012 Item 11.B. US 41 & CR 951 Intersection Improvement Collier County Growth Management Division Collier County Project No. 60116 FPID 428147 168 01 Cail'�er County Right of Way Acquisition Report For Collier County, Florida Right of Way Acquisition Department August 2012 Stanley Consultants INC A Stardey Group Company Engineering, Environmental and Construnon Service - WofAmde Packet Page -74- 10/9/2012 Item 11.13. Right of Way Acquisition Report TABLE OF CONTENTS 1.0 INTRODUCTION ..................................................................................... ............................... 1 1.1 Project Description ................................................................................ ............................... 1 2.0 ALTERNATIVES CONSIDERED ........................................................... ............................... 1 2.1 No Build Alternative .............................................................................. ............................... 1 2.2 PD &E Study Alternatives ...................................................................... ............................... 2 2.3 Reevaluation Design Change Build Alternatives .................................. ............................... 2 2.4 Evaluation of Alternatives ..................................................................... ............................... 3 3.0 SAFETY FACTORS ........................................................... ..............................3 4.0 LONG RANGE PLANNING FACTORS ............................... ..............................4 5.0 ENVIRONMENTAL FACTORS .............................................................. ............................... 4 5.1 Natural Impacts ...................................................................................... ............................... 4 5.2 Cultural Environment ............................................................................. ............................... 4 5.3 Community Impacts and Social Environment ....................................... ............................... 4 5.4 Noise and Other Impacts ........................................................................ ............................... 5 6.0 COSTS ........................................................................ ..............................6 FIGURES Figure 2 -1 PD &E Study Recommended 6 -Lane Suburban Typical Section .... ..............................2 APPENDICES Appendix A — Location Map Appendix B —At Grade Typical Sections and GSO Typical Sections Appendix C — Alternative Plans —At Grade and GSO August 2012 Page ii Packet Page -75- 10/9/2012 Item 11.13. Right of Way Acquisition Report 1.0 INTRODUCTION 1.1 Project Description: The Project is an At -Grade improvement within the footprint of Grade Separated Overpass (GSO) in which SR/CR 951 is carried over US 41. The design project is listed in the Transportation Improvement Plan as US 41 (SR 90) at SR 951 (Collier Blvd) with Financial Management number 428147 -1. The Project includes three northbound and three southbound lanes on SR/CR 951, triple left turn lanes, single right turn lanes, and one through lane on each approach. US 41 will have two left turn lanes, two right turn lanes and three through lanes on each approach. The project length is approximately 1650 feet along SR 90 (US 41), with an additional 3040 feet of roadway transition from six lanes to two lanes. The project length along SR/CR 951 is approximately 3936 feet. The project limits are the following: SR 90 /US 41: From Station 2439 +50 to Station 2456 +00 Six Lane Typical Section. SR 90 /US 41: From Station 2456 +00 to Station 2486 +40 Transition 6 to 2 lanes. SR951 /CR 951: From Station 1019 +60 to Station 1058 +96 Six Lane Typical Section. The Project was included in the PD &E Reevaluation that was processed through Florida Department of Transportation, District 1 and approved by the Federal Highway Administration on January 30, 2012. 2.0 ALTERNATIVES CONSIDERED 2.1 No Build Alternative The existing lane arrangement at the US 41 and SR/CR 951 intersection consists of a six lane divided typical section that includes three (3) through lanes on each intersection approach and combinations of turn lanes. US 41 / SR 90 Lane Arrangement • Eastbound approach: 3 through lanes, 2 left and 2 right turn lanes. (7 lanes total) • Westbound approach: 3 through lanes, I left and 1 right turn lane. (5 lanes total) SR/CR 951 Lane Arrangement • Northbound approach: 3 through lanes, 3 left and 1 right turn lanes. (7 lanes total) • Southbound approach: 3 through lanes, 2 left and 1 right turn lanes. (6 lanes total) August 2012 Page 1 Packet Page -76- 10/9/2012 Item 11.13. Right of Way Acquisition Report 2.2 PD &E Study Alternatives The PD &E Study recommendation was Alternative IF which depicts an at -grade intersection with three through lanes and three left turns on each intersection approach. Alternative IF provides 5 -foot bicycle lanes on US 41. Alternative IF required right of way acquisition in the northwest quadrant of the intersection. This alternative did not address the existing skewed alignment of SR/CR 951 across the intersection. The PD &E Typical Section was a six -lane divided suburban roadway with 12 -foot travel lanes, a 30 -foot median with 6.5 -foot inside shoulders, and 8 -foot outside shoulders with 5 -foot paved shoulders. Roadside swales with inlets would collect and convey stormwater runoff to retention ponds. A 5 -foot sidewalk on the north and a 10 -foot multi -use path on the south are also provided. A 55 mph design speed was proposed for this suburban typical section and 45 mph design speed for the urban intersection typical section. This typical section would require a minimum of 200 feet of right -of -way, as shown in Figure 2 -1. qx ' W i � J 26' _.10'� 16' ,.8'� 36' 30' 36' �8'. 16' 14' .z �r 200' -LU FIGURE 2 -1 PD &E STUDY RECOMMENDED SIX -LANE SUBURBAN TYPICAL SECTION 2.3 Reevaluation Design Change / Build Alternatives In November 2008, Collier County completed a comprehensive intersection improvement study to address the safety and capacity of the intersection improvements that were recommended as the PD &E's "Preferred Alternative." The Collier County Study examined three "build alternatives" and a "no- build" alternative. The "build alternatives" were: (1) a grade separation that carried US 41 over SR/CR 951; (2) a grade separation that carried SR /CR 951 over US 41; and (3) an expanded At -Grade intersection to address the existing skewed alignment. August 2012 Page 2 Packet Page -77- 10/9/2012 Item 11.13. Right of Way Acquisition Report The 2008 study concluded that the best alternative was an expanded at -grade intersection as an interim improvement which would provide for a grade separated overpass that carried SR/CR 951 over US 41 as the ultimate improvement. 2.4 Evaluation of Alternatives The design changes presented in the Reevaluation for the at -grade improvement are consistent with the PD &E Alternative 1F. The PD &E Alternative IF depicted an at- grade intersection with three through lanes and multiple left and right turn lanes on each intersection approach. PD &E Alternative IF provided 4 foot bicycle lanes on US 41. PD &E Alternative IF required right of way acquisition in the northeast quadrant of the CR 951 intersection. The Project depicts a similar at -grade intersection with improvements for through -lane geometry and turning movement operations. The at -grade improvements address the intersection skew and travel lane offset which existed in PD &E Alternative IF by introducing a curved alignment instead of the angled deflection of two tangent alignments. This improvement provides improved safety and traffic flow. The at -grade improvements also address right turn operational needs by providing a free flow right turn lane for the CR 951 southbound movement and dual right turn lanes for the US 41 eastbound and westbound movements to improve traffic flow and intersection operations. Bicycle lanes between the right turn lane and through -lane are provided on SR/CR 951 and US 41within the at -grade footprint: These improvements require additional right of way in the northwest, northeast and southeast quadrants. This additional right of way does not cause any residential relocations. The Grade Separated Overpass (GSO) Alternative was evaluated extensively in the Collier County 2008 intersection study as Alternatives 2a and 2b. These alternatives are similar to the PD &E Alternative 1 B which carried SR/CR 951 over US 41. 3.0 SAFETY FACTORS The Project will eliminate the severe intersection skew for high -speed through traffic on Collier Boulevard. In addition, the capacity improvements to the intersection will increase safety by improving traffic flow through the intersection. The addition of turn lanes and lengthened turn lanes will result in the elimination or reduction of turning vehicles and through vehicles queuing in the through lanes and blocking the through traffic. This will also reduce the need for vehicles to change lanes and maneuver around the queued traffic, resulting in fewer accidents. Signing and marking and turn lane length decisions were based on MOT and Collier County guidelines to safely move pedestrian and vehicular traffic. The addition of designated bicycle lanes and sidewalks and pathways will increase the overall safety for bicyclists and pedestrians within the project limits. August 2012 Page 3 Packet Page -78- 10/9/2012 Item 11.13. Right of Way Acquisition Report The Grade Separated Overpass (GSO) improvement would reduce common rear -end collisions as well as other types of collisions such as right angle, left turn, and right turn crashes. The reduction results from removing the heavy north -south traffic movement from the turning traffic volumes and thereby reduces the volume of vehicles from the at -grade portion of the intersection. Since Collier Boulevard is an emergency evacuation route that leads to Interstate 75, the safety improvements of a grade- separated intersection would be very appropriate for that purpose. 4.0 LONG RANGE PLANNING FACTORS The Grade Separated Overpass (GSO) improvement is consistent with the Collier County Metropolitan Planning Organization's 2035 Long Range Transportation Plan and the Transportation Improvement Program for Fiscal Year 2011/2012 through Fiscal Year 2015/2016, adopted May 13, 2011. Based on long range planning, projected population and employment growth, and projected traffic volumes, the Collier County Metropolitan Planning Organization 2035 Long Range Transportation Plan identifies this project as a priority in Collier County and is being developed as a vital component to the regional transportation network. Based on pending traffic needs and economic conditions, the at -grade improvement would maintain an acceptable level of service through 2025.. 5.0 ENVIRONMENTAL FACTORS 5.1 Natural Impacts A Wetlands Evaluation Report Addendum was prepared for the project that identified 0.96 acres of wetland impacts that have 0.59 units of Functional Loss (UMAM) based on the preferred alternative. 5.2 Cultural Environment A Cultural Resource Assessment Survey Addendum (CRAS) was prepared for the project, circulated to FHWA, who approved the CRAS and obtained concurrence from the State Historic Preservation Officer, on May 2, 2011. No additional impacts were identified from the preferred alternative. 5.3 Community Impacts and Social Environment The local community had the opportunity to comment on the alternatives at the workshop held October 7, 2010. Approximately 110 people attended the 2010 workshop and generally supported the implementation of the Project as well as the grade separation. August 2012 Page 4 Packet Page -79- 10/9/2012 Item 11.13. Right of Way Acquisition Report A Public Hearing was held on Tuesday, September 20, 2011 at the Board of County Commissioner Chambers, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, Florida. The public hearing was an independent evening event and not part of a County Commission meeting. The purpose of the hearing was to provide interested persons the opportunity to review and comment on the Major Design Change roadway improvement before a final recommendation was made to the Federal Highway Administration for approval. The workshop was attended by 35 community members, consultants, and several FDOT and Collier County government staff. The hearing was moderated by the Collier County Project Manager and the proceedings were documented by a court reporter. The public hearing transcript and copies of the written comments are included in project record and in the reevaluation. The community mobility is enhanced with the installation of continuous sidewalk and bicycle lanes. No impacts to splitting the neighborhood will result from the preferred alternative. There are no residential right of way relocations or residential right of way acquisition resulting from the preferred alternative. The preferred alternative will require the acquisition of portions of commercial properties. There are 19 commercial properties that are impacted. Five business signs will be relocated, and 10 parking spaces at one corner property will be relocated. The acquisition and relocation program will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The noise study identified noise impacts to the Eagle Creek community and noise abatement measures will be coordinated with the impacted residential community during the design phase. 5.4 Noise and Other Impacts Noise impacts were evaluated for the reevaluation study area. The FHWA Traffic Noise Model (TNM) Version 2.5 computer model and FDOT guidelines were incorporated into the noise analysis for the project area. Future noise levels will increase whether or not the proposed improvements are constructed due to the expected increase in future traffic levels. Results of the model indicate that predicted noise levels will approach, and in some cases exceed, the Activity Category B NAC at noise sensitive receivers at the Eagle Creek community. The predicted noise level varies according to the location of the residence and the proposed alternative. TNM did not predict a substantial increase of August 2012 Page 5 Packet Page -80- 10/9/2012 Item 11.13. Right of Way Acquisition Report noise levels (15 dBA) above existing conditions would occur at any location as a result of the proposed intersection improvements. The FHWA requires that when the noise levels of a proposed federally aided roadway project approach or exceed NAC, noise abatement measures must be evaluated. Since traffic noise impacts are predicted at only the Eagle Creek community for the proposed alternative, abatement measures were considered at this Activity Category B residential community. From this study it was determined that noise abatement by constructing noise walls at the areas of impacted receivers in the Eagle Creek community may be feasible by achieving the 7 dBA noise reduction goal. It also passes the cost reasonable criteria for both the At- Grade and the Grade Separated Overpass. Other feasibility factors related to building a noise wall as part of the proposed intersection improvements have been evaluated under the guidance of FHWA and FDOT criteria, which include design and construction factors, safety factors, access factors, right -of -way factors, maintenance factors, drainage factors and utility factors. The cost effectiveness of the wall is achieved by providing noise reduction at the most number of impacted receivers. A 14 foot wall for the south area of the Eagle Creek community (south of Eagle Creek Drive) was detenmined to be the most cost effective abatement option for the study area near the Eagle Creek main entrance on SR 951. 6.0 COSTS The current construction costs estimated (60% Design Phase) are $9.924 M for the Project. Construction costs were estimated using the FDOT Long Range Estimate (LRE) program for the Year 2012. The long range estimated construction cost for the Grade Separated Overpass was calculated based on the initial Project being constructed first. The cost savings are factored into the cost shown for the Grade Separated Overpass. The construction costs estimated are $36.6 M for the Grade Separated Overpass Improvement. August 2012 Page 6 Packet Page -81- 10/9/2012 Item 11.13. APPENDIX A LOCATION MAP Packet Page -82- 10/9/2012 Item 11.13. APPENDIX B AT GRADE TYPICAL SECTIONS GSO TYPICAL SECTIONS Packet Page -84- 2 W IW/f i z 3W C > p 2 1111 2Z G= 2W 6 ti a a pti J p QUO u3 z Q� � U � O O � Q O 8 p�N e cn o 0 Nl 3 I,Q o Q � h N ti m$ N Wo Nz I N T = a 1 � � mN W 3m tiNK tim � � Pi Ln I> = Wv I QU I W e o ti j NO cL Q� m~� mU0 1" LL- OL 4j Lk aN LL aaa w+ X` � w W o W egg E o ¢ W V Q O w w c=iwti w W O� m1�0 Qtnw Ihv ti O � �O V) Q) uj z O �O ti 22 II �, O cn� �Q— Oo Q < g Wv O�L oU ~ a �d oc LL. 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APPENDIX C ALTERNATIVE PLANS - AT GRADE AND GSO Packet Page -98- �i_ W � �_ RM- --,WW .7"'MUR-A W OM xmi Ri'm tA, Mg It AM CLO ru Mm DRYS I_ iwo �a� =1q1 0 71 ro 0- 4- CD OL-) o� �u =1q1 0 71 ro 0- 4- CD OL-) K*---E Em f otl R S . t , iE a 6 q pp `1 7 1 � t t { El v i N O N en ro d y-+ v Y v d h x A S � d ?y V fr (.tLn aka"- OgS,;.`ts O O N O N CD 3 T W it A� �4 j h x A S � d ?y V fr (.tLn aka"- OgS,;.`ts O O N O N CD 3 T W W 2 01 ;Ire g r va x M 3 n s w �.a ,' ®r� B a a aTi s�5 He h cif i� ` ,2qllwiw�, ill-mot 160A W e� 1.0 1 � 1 � W � O m } M s un N I� c-I Q) dD fB d Y U d C] N O N CD 3 IF e F' _ y ke y i' C] N O N CD 3 IF e l F C] N O N CD 3 a IL k 4 � �t i k fl • � rg i 7 M" `4 Pr� 4 AI -� A t 3, ,pig w 9 u: I }F E #k k ti w= N h w rw V W O J Vg Ln � a g e _ 5 d�=sa§ 0 1 I ,,O QJ N O N CD 3 T y ifi - ,vE }� •� A �f,,*,'' t'cS ,i d 4 � i+ Al t F z ` L> r` W #' A17 17 w d r* J.i. i t ertP�; s= r k N .tp k Y � Id W zV yr� s.. tifu' z� { 6x1 t � p I •1 N 3V 4 W o� �-2 a r i 1 f 4 � • c it h W f r o o j� W IT V b t d, e� w J 1Jm — o m r o^€ E El v 4 brt � ! I r \ � )0 g §/{ i§2 � \ § � ^ � � � |)@ � |/m © 4 ;`E .� «� .x « ..y . a. \ � )0 g §/{ i§2 � \ § � ^ � � � |)@ � |/m © 4 ;`E \ ath == \j ° / \ � ° :�© » AL j§ § o :R ! � ! N © o_ \� N -- c :+� - � W? � i H t r � AN r NN n1 �i r � N -I 4J two c9 CL 41 U ro CL hF .� ha s r ut s F Jt - W C o�ena�i�= a a 00 �k f0 CL Y U d } hF .� ha s r ut s F Jt - W C o�ena�i�= a a 00 �k f0 CL Y U d 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WIJEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 101TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -133- 10/9/2012 Item 11. B. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel IOITCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 101 TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 101 TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 101TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 101 TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -134- 10/9/2012 Item 11.13. property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 101TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Thousand and 00 /100 Dollars ($1,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 101TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 101TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page -135- This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK. CLERK Approved as to form and legal sufficiency: d f� Jeffrey L. I linrls Outside Em}'�ent Domain Counsel On behalf (Jeffrey A. Klatzkow Collier Co my An.ruey 10/9/2012 Item 11.13. day of . 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LIM FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -136- 10/9/2012 Item 11.13. Schedule I (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. 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 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 11. 2. Schedule II describes and depicts a Temporary Construction Easement ( "TCE ") area as follows: The County shall have the temporary right and privilege to enter upon the lands described in Schedule II 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 11, and for restoring the temporary construction 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, 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 Schedule I - Page 1 of 2 Packet Page -137- 10/9/2012 Item 11.13. 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 I - Page 2 of 2 Packet Page -138- TRACT "M -1" CRYSTAL LAKE TERRACES AT EAGLE CREEK PB16, PG 30 EAGLE CREEK CONDOMINIUM NO. 5 DECLARATION OR 1505 PG 1828 UNPLATTED EAGLE CREEK COMMUNITY ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30180160005 S87'31'42 "E 25.00' UNPLATTED TRACT "R" (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY ASSOCIATION, INC. NOZ 28'18 OR 3978, PG 6 50.( FOLIO NO. 30185040007 101TCE 1,250 SF N8731 '42W LEGAL DESCRIPTION — PARCEL 101TCE 10/9/2012 Item 11.13. SCHEDULE II Page 1 of 1 `EXISTING RW POC rnl V) 9 o �- N S02'28'1 e W 8.23' POB LEGEND RW RIGHT —OF —WAY DR OFFICIAL RECORDS BOOK PB + PLAT BOOK PG + PAGE POS + POINT OF BEGINNING POO POW OF COMMENCEMENT NO. NUMBER S.R. STATE ROM 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 A POINT ON THE WEST RIGHT —OF —WAY LINE OF S.R. 951, ALSO BEING THE SOUTHEAST CORNER OF TRACT "M -1 ", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT 80016 16, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ♦ .T, COURSES: ALONG ALONG THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951. THE F�1 LD"WING THREE (3) DESCRIBED Ilk 1) THENCE SO4'56'15"W FOR 87.11 FEET; + 2) THENCE S02'26'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'1B"W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT —OF —WAY LINE OF S.R. 951, NB7'31'42 -W FOR 25.00 FEET; THENCE NO2'28'18 "E FOR 50.00 FEET; THENCE S8731'42 "E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TEMPORARY TFCM - ROW CONSTRUCTION EASEMENT JUN 15 2012 DURATION 3 YEARS. MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 'DATt SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A a 20+r M. Au 11 \yIOY \OYW[I.O¢OC W., i WSf YMnMW Lry,ew+nY MY SWeh Ma n..nb%r \ =[-W 9VC PROJECT: U.5.41/C.R.851/S.R.951 SKETCH AND LEGAL DESCRIPTION SCO`s T q PARCEL IOiTCE: TEMPORARY CONSTRUCTION EASEMENT 9910WI9m. Pwk Den,., suit. 209 PREPARED FOR: COUIER COUNTY GOYRRNMBNT OARD OF COUNTY COMMISSIONERS "'a°`' �i S0(23 Ph": (278) 597 -0575 FAX; T1J91597.0.578 LB Nw 9992 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" 40' 9/8412 R.A.K. I SKD -1011 1 of 1 Packet Page -139- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 102FEE, 102TCE'� attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -140- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 102FEE, 102TCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 102FEE, 102TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 102FEE, 102TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 102FEE, 102TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 102FEE, 102TCE, which appraisal also includes a Packet Page -141- 10/9/2012 Item 11.13. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 102FEE, 102TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Seventy-One Thousand, Two Hundred Thirty and 00 /100 Dollars ($171,230.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 102FEE, 102TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 102FEE, 102TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. Packet Page -142- 10/9/2012 Item 11.B. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK i i Approved as to form and i legal s fieien o Jeffrev L. Hi ds Outside Emrtnent Domain Counsel On behalf �bf Jeffrey A. Klatzkow Collier County Attorney day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: FRED W. COYLE, CHAIRMAN -Pape 4- Packet Page -143- 10/9/2012 Item 11.B. 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 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 IL Schedule I - Page 1 of 1 Packet Page -144- 10/9/2012 Item 11.13. EXISTING RW \a FEE SOWLE LEGAL DES\'ION — PARCEL 102FEE INiERET LEGEND RW RIGHT —OF —WAY OR . OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING N0. = 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: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'43'38 "E FOR 41.31 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801: THENCE LEAVING SAID NORTHERLY BOUNDARY, SOS'33'04'W FOR 3.76 FEET: THENCE SOT55'OO"W FOR 112.52 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE; THENCE 452.43 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3961.00 FEET, THROUGH A CENTRAL ANGLE OF 06'32'40', AND WHOSE LONG CHORD BEARS S06'25'26 W FOR A DISTANCE OF 452.18 FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE; THENCE 115.05 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3106.77 FEET, THROUGH A CENTRAL ANGLE OF 02'07'18', AND WHOSE LONG CHORD BEARS SOB'38'07"W FOR A DISTANCE OF 115.04 FEET; THENCE N87*23'13'W FOR 6.08 FEET, TO A POINT ON THE EASTERLY RIGHT —OF —WAY LINE OF S.R. 951; THENCE ALONG THE EASTERLY RIGHT —OF —WAY LINE OF SAID S.R. 951 THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO2'36'47'E FOR 41.53 FEET; 2) THENCE NOC11.07 -E FOR 638.41 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 18,810 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIOVf REk .. MICHAEL A. JUN 15 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a— a mu sd wv w• \zaoa\w00se.oem user t nro3+ w..,veen tiwnwne�e, a,e_'I iuet\mt rbr \►n ,- su..rls„wee r,e n.e.euan.\f�t -xr e., m"rre ,�..... PROJECT: U.S.41/C.R.951/S.R.951 ryes DULE II PARCEL 102FEE: RIGHT —OF —FAY /SC Pag of 1 PREPARED FOIL' COWER COUNTY GOVERNUNT/BOARD OF COUNTY COMMISSIONERS FAX:(2W UNPLA17ED phone (239)5'97 -%75 597-0978 COLLIER COUNTY S69 4 OR 1663, PG 289 SECTION I 1 TOWNSHIP FOLIO NO. 00726720402 41 41.31' *31' / POB 090081.00.00 2 3 1 51S S05'33'04'W 1' - 200' 6 8 12 R.A.K. 02FEE SOT SOT55'00'W 10 SF 112.52' UNPLATTED *"--­ KRG 951 & 41, LLC OR 4167, PG 801 FOLIO NO. 00726721809 Ln to w L= 452.43' a n ° R =3961.00' UNPLATTED A= 6'32'40' KRG 951 & 41, LLC CB— S06'25'26'W OR 4167, PG 805 o C =452.1 B FOLIO NO. 00725841007 z .. R UNPLATTED '' 647E 47OR r— KRG 951 & 41, LLC 4167, PG 801 FOLIO NO. 00726724301 23'13W L= 115.05' 6.08' R= 3106.77' A= 2'07' 18" CB- SOB'38'07'W C -1 15.04' EXISTING RW \a FEE SOWLE LEGAL DES\'ION — PARCEL 102FEE INiERET LEGEND RW RIGHT —OF —WAY OR . OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING N0. = 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: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'43'38 "E FOR 41.31 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801: THENCE LEAVING SAID NORTHERLY BOUNDARY, SOS'33'04'W FOR 3.76 FEET: THENCE SOT55'OO"W FOR 112.52 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE; THENCE 452.43 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3961.00 FEET, THROUGH A CENTRAL ANGLE OF 06'32'40', AND WHOSE LONG CHORD BEARS S06'25'26 W FOR A DISTANCE OF 452.18 FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE; THENCE 115.05 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3106.77 FEET, THROUGH A CENTRAL ANGLE OF 02'07'18', AND WHOSE LONG CHORD BEARS SOB'38'07"W FOR A DISTANCE OF 115.04 FEET; THENCE N87*23'13'W FOR 6.08 FEET, TO A POINT ON THE EASTERLY RIGHT —OF —WAY LINE OF S.R. 951; THENCE ALONG THE EASTERLY RIGHT —OF —WAY LINE OF SAID S.R. 951 THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO2'36'47'E FOR 41.53 FEET; 2) THENCE NOC11.07 -E FOR 638.41 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 18,810 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIOVf REk .. MICHAEL A. JUN 15 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a— a mu sd wv w• \zaoa\w00se.oem user t nro3+ w..,veen tiwnwne�e, a,e_'I iuet\mt rbr \►n ,- su..rls„wee r,e n.e.euan.\f�t -xr e., m"rre ,�..... PROJECT: U.S.41/C.R.951/S.R.951 ryes SKETCH AND LEGAL DESCRIPTION PARCEL 102FEE: RIGHT —OF —FAY esto wlhw pnt um e, suNe xoa PREPARED FOIL' COWER COUNTY GOVERNUNT/BOARD OF COUNTY COMMISSIONERS FAX:(2W phone (239)5'97 -%75 597-0978 U3 No.: 8052 JOB NUMBER REVISION SECTION I 1 TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 090081.00.00 2 3 1 51S 26E 1' - 200' 6 8 12 R.A.K. I SKD_102FEE 1 1 OF 1 Packet Page -145- 10/9/2012 Item 11.B. 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. 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 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. 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 Schedule III - Page 1 of 2 Packet Page -146- 10/9/2012 Item 11.13. 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 Packet Page -147- r• 10/9/2012 Item 11.13. SCHEDULE IV Page 1 of 1 UNPLATTED KRG 951 & 41, LLC OR 4167, PG 801 FOLIO NO. 00726724301 S87 23'13 "E 25.00' 102TCE R 1,500 SF NO2'36'47 'E S02'36`47"W s 60.00' 60.00' 0 rn rn POB N N87'23'13 W < ^ 25.00' c LOT 4 i l WAL -MART AT zz ARTESA POINTE PUD �R PB 49, PG 14 POC LEGEND EXISTING RW RW - RIGHT- OF-WAY OR : OFFICAL RECORDS BOOK PS PLAT BOOK PG - PAGE POB - POINT OF BEGINNING POC POINT OF COMMENCEMENT NO. NUMBER S.R. - STATE ROAD AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 1 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 SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NO2'36'47 "E FOR 40.13 FEET ALONG THE EASTERLY RIGHT -OF -WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NO2 36'47 "E FOR 60.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE S87'23'13 "E FOR 25.00 FEET: THENCE S02'36'47W FOR 60.00 FEET; THENCE N8723'13 "W FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,500 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY 7ECM - Row CONSTRUCTION EASEMENT JUN 15 2012 DURATION 2 YEARS. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — 6 2MI 6:17.W M\i001\0WWl.MW 16/1 t C t ,nlwrcEm "- ,e-m"b M C071 Wm\acw P Nft 1- EUw7 \SWSp NN G-em&Y \?ME Rte' OQ\9K0- 1p2TQ,l4 PROJECT: U.S.41 /C.R.951/S.R.951 u �� , . SKETCH AND LEGAL DESCRIPTION X PARCEL 102TCE: TEMPORARY CONSTRUCTION EASEMENT 5610 W11"w P.Ik DIN", SU6" 200 Nd ;.P"Wa34100 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COltIIISSIONERS PI.: (293) 597.0575 FAX: (279)597.0576 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE i SCALE DATE I DRAWN BY I FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" @ 40` 1 6/1/12 R.A.K. I SKD_102TCE I 1 OF 1 Packet Page -148- 10/9/2012 Item 11.B. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule R, Schedule III and Schedule W (collectively, "103FEE, 103TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to he acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -149- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "103FEE, 103TCE') for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of 103FEE, 103TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND TT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire 103FEE, 103TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for 103FEE, 103TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of 103FEE, 103TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -150- 10/9/2012 Item 11.13. property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of 103FEE, 103TCE, and to provide the fie owner(s) a written offer binding on the County in the amount of Ten Thousand Four Hundred and 00 /100 Dollars ($10,400.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring 103FEE, 103TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of 103FEE, 103TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquv -ed and therefore it will not be necessary to remove any mobile homes from the property to be acquired. -P.- 1- Packet Page -151- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legs �f�e 7`111%_ Jeffrey L. Hinds Outside Emine Domain Counsel On behali'of.l ffrey A. Klatzkow Collier Cout y Attomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -152- 10/9/2012 Item 11.13. 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 ownerstinterest 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 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 Packet Page -153- 10/9/2012 Item 11.13. LEGEND RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK PG PAGE POB POINT OF BEGINNING NO. NUWBER FEE E S.R. STATE ROAD INTF CT AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 103FEE 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S04756'15"W FOR 35.59 FEET ALONG THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE LEAVING SAID RIGHT -OF -WAY LINE, N41'13'15'1V FOR 47.50 FEET; THENCE NO3'46'45 "E FOR 15.47 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1. 37.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31 ", AND WHOSE LONG CHORD BEARS S64'46'16 "E FOR A DISTANCE OF 36.66 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 917 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD lECM - ROW JUN 15 M2 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a.. 4 toff tO: fY w fr.�fooeloom+l.wm u f t owl Ybr.eu," `.ww,r„tr Me I ll R"Nom m[ no-9ft r- sorv+r \sbk+. Me ur wbfw VIX-mv x. o2%S*_ja rtC PROJECT: U.S.41 /C.R.951 /S.R.951`� . SKETCH AND LEGAL DESCRIPTION Ctlis PARCEL 103FEE: RIGHT —OF —NAY eemwrewP.aGwe SUM 2a PRRPAM FOR: COLUER COUNTY GOVBRNI[EN'1' /BOARD OF COUNTY COAYISSIDNERS Pn,,, lzsf,. iay��'�y17asa JOB NUMBER REVISION I SECTION TOWNSHIP RANCE SCALE DATE DRAWN BYI FILE NAME SHEET 090081.00.00 1 1 1 3 516 I 26E 1 1' - 80' 1 3/13/12 I R.A.K. I SKD 103FEE t OF I Packet Page -154- W E SCHEDUL II Page 1 o 1 s o 40 gG ATTED CKRG REEK 111, LLC GRAPHIC SCALE PG 1131 � 0726720800 CO fn @ a � a LOT 1 CAPRI COMMERCIAL L- 37.07' R- 100.00' CENTER NO. 2 C"" 21'144''33 1' PB 49, PG 5 CS-S!54'46'1 6 "E LOWE'S HOME CENTERS, INC C-36.86' OR 4467, PG 1996 N0346'45 "E FOLIO NO. 25368002559 15.47' Poe 103FEE 917 SF SO4'56'1 5"W °'-- N41'13'15`W q 35.59' 47.50' UNPLATTED RED NAPLES HOLDINGS V. LLC OR 4712, PG 2198 FOLIO NO. 00726724107 E)OSTING RW LEGEND RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK PG PAGE POB POINT OF BEGINNING NO. NUWBER FEE E S.R. STATE ROAD INTF CT AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 103FEE 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S04756'15"W FOR 35.59 FEET ALONG THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE LEAVING SAID RIGHT -OF -WAY LINE, N41'13'15'1V FOR 47.50 FEET; THENCE NO3'46'45 "E FOR 15.47 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1. 37.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31 ", AND WHOSE LONG CHORD BEARS S64'46'16 "E FOR A DISTANCE OF 36.66 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 917 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD lECM - ROW JUN 15 M2 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a.. 4 toff tO: fY w fr.�fooeloom+l.wm u f t owl Ybr.eu," `.ww,r„tr Me I ll R"Nom m[ no-9ft r- sorv+r \sbk+. Me ur wbfw VIX-mv x. o2%S*_ja rtC PROJECT: U.S.41 /C.R.951 /S.R.951`� . SKETCH AND LEGAL DESCRIPTION Ctlis PARCEL 103FEE: RIGHT —OF —NAY eemwrewP.aGwe SUM 2a PRRPAM FOR: COLUER COUNTY GOVBRNI[EN'1' /BOARD OF COUNTY COAYISSIDNERS Pn,,, lzsf,. iay��'�y17asa JOB NUMBER REVISION I SECTION TOWNSHIP RANCE SCALE DATE DRAWN BYI FILE NAME SHEET 090081.00.00 1 1 1 3 516 I 26E 1 1' - 80' 1 3/13/12 I R.A.K. I SKD 103FEE t OF I Packet Page -154- 10/9/2012 Item 11.13. 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. 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 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. 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 Schedule III - Page 1 of 2 Packet Page -155- 10/9/2012 Item 11.13. 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 Packet Page -156- 10/9/2012 Item 11.13. N E SCHEDULE IV Page 1 of 1 S 0 w 4D UNPLATTED KRG EAGLE CREEK III, LLC Q GRAPHIC SCU OR 3605, PG 1131 J 1" = 40' FOLIO NO. 007267208W LOT I I CAPRI COMMERCIAL L =3.56' L -1.53' CENTER NO. 2 R= 62.00' R- 100.00' PB 49, PG 5 A-3'17'39" A =0'52.44" LOWE'S HOME CENTERS, INC CB =574'37'25 "E CB—S75'49'53 "E .- OR 4467, PG 1996 03.56' FOLIO N0. 25366002569 C -1.53' + ie g c3 POB L =37.07' C7! NO3 46'45"E R =100.00' TEMPORARY 16.06' A =21'14.31" < CB =N64.46'16"W ? 0 5 CONSTRUCTION EASEMENY78 C= 36.86• SF N86'13'15 "W DURATION�YEAl POC . 5.00 So, '45"W 15.07' UNPLATTED �ExisnNG RW RED NAPLES HOLDINGS V, LLC o OR 4712, PG 2198 LEGEND FOLIO NO. 00726724107 Rw — RICHT_OF —WAY OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK PG - PAGE POD - POINT OF BEGINNING POC a POINT OF COMMENCEMENT NO. NUMBER LEGAL DESCRIPTION - PARCEL 103TCE AAK�4 a use KN�v 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 NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A PLATTED CORNER OF "LOT 1" AT THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA 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 N64'46'16W FOR A DISTANCE OF 36.86 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45W FOR 15.07 FEET; THENCE NB6'13'15'W FOR 5.00 FEET; THENCE NON46'45'E FOR 16.06 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE, ALSO BEING A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198; THENCE ALONG SAID NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 3.56 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 62.00 FEET. THROUGH A CENTRAL ANGLE OF 3'17'39 ", AND WHOSE LONG CHORD BEARS S74'37'25 "E FOR A DISTANCE OF 3.56 FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE; 2) THENCE 1.53 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'52'44", AND WHOSE LONG CHORD BEARS S7549'53E FOR A DISTANCE OF 1.53 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. 78 SQUARE FEET MORE OR LESS. SUBJECT rn EASEIdEMS AND RESTRICTIONS OF RECORD. JUN 15 202 A WARD PROFESSIONAL LAND SURVEYOR LSD 5301 D E IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .n.". a 2w: ers w ws \toot \avao9r.ro.00 tan r crosr •x.,.,"u.n av,ewn.nd w,e a9er nior\u; a.", \M ,- ts»ren ne o.wew..\me -wv n. ae \� PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION PARCEL 1D3TCE: TEMPORARY CONSTRUCTION EASEMENT 8010% kwPwkDdw,SUND2oo PREPARED FOR COUM COUNTY GOn NNENT OARD OF COUNTY COIWSSIONERS N597- ?5 FAX: t23 Phon": (2981587-0575 FAX: 12981 587-0578 lB No.: 5854 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME I SHEET .00.00 51S I 26E I 1" a 40' Packet Page -157- OF 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 104FEE, 104TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and Iocations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -158- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 104FEE, 104TCE') for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 104FEE, 104TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 104FEE, 104TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 104FEE, 104TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 104FEE, 104TCE, which appraisal also includes a Packet Page -159- 10/9/2012 Item 11.13. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 104FEE, 104TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of Fifty -Nine Thousand Two Hundred Fifty and 00 /100 Dollars ($59,250.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 104FEE, 104TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 104FEE, 104TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. -Page 3- Packet Page -160- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to fonn and legal s 'ency: c1 41effre L. Hind Outside Emi nt Domain Counsel On behalf o/f/Jeffrey A. Klatzkow Collier Co.6nty Attorney I day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: FRED W. COYLE, CHAIRMAN -Paee 4- Packet Page -161- 10/9/2012 Item 11.13. 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 II. 2. Schedule II describes and depicts a fee simple acquisition from Owners) 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 II. Schedule I - Page 1 of 1 Packet Page -162- s 0 40 80 4 [:t IC SCAIS I,n 1' " 80' CO N r R UNPLATTED TELEPHONE COMPANY OF FLORIDA 1233, PG 1742 NO. 00726680005 S89'15'56'E 45.41' S03'46'45W AC 2.74' 40"W 10/9/2012 Item 11.B. 1.44' N04'I1'07 "E UNPLATTED 116.01' S05'33'04'W COLLIER COUNTY 104FEE 113.11' OR 1663. PG 289 4,938 SF FOLIO NO. 00726720402 41.31' SCHEDULE II Page 1 of 1 Dasmo Rw—� UNPLATTED KRG 951 do 41, LLC OR 4167, PG 801 FOLIO NO. 00726721809 LEGEND Q, RW = RIGHT -OF -WAY OR = OFFICIAL RECORDS BOOK n� PB PUT BOOK PG =PACE POB =POINT OF BEGINNING FEE SIMPLE No. NUMBER = S.R. = STATE Roan INTEREST AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 104FEE �-�c 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 THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 269 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'15'56E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663. PAGE 289: THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45W FOR 2.74 FEET; THENCE N89'50'40"W FOR 1.44 FEET; THENCE S0533'04"W FOR 113.11 FEET; THENCE N89'43'38"W FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663 PAGE 289; THENCE N04'11'07 "E FOR 116.01 FEET ALONG THE EASTERLY RIGHT —OF —WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4.93B SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECIA - ROW JUN 15 2012 MICHAEL0. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. d & 21FI2 IRt1 AV Wj200 N0WWf.00A0 IMF A CM.11 FMU=elbn irP =b M C�Ms IMR \WR IM" \M .- sw.rlsrwMa, Ms a..W.. to -xry e,. 02\sj�A,NFIX k SKETCH AND LEGALRDESCRIPTION Q�gQ��t1 TING i ` T TL , &w"y=5 t M"ft PARCEL 104FEE: RIG$T —OF —WAY W10 Whew Puk W., Suit 200 PREPARED FOR: COUIER COUNTY GOVERNMENT BOARD OF COUNTY COiIXISS10NERS Pi,—: I�'P7.0575 d'u1°9 SB7-0S76 FAY., (?P91 5Y7.0578 LB Ne.:8B52 JOB NUMBER REVISION I SECTION 1 I TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090091.00.00 1 3 51S 26E I 1" = 80' 3 13 12 R.A.K. SKD_104FEE 1 OF 1 .- ---- - __.,. Packet Page - 163 - 10/9/2012 Item 11.13. 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. 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 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. 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 Schedule III - Page 1 of 2 Packet Page -164- 10/9/2012 Item 11.13. 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 Packet Page -165- 10/9/2012 Item 11.13. N E SCHEDULE IV UNPLATTED Page 1 of 1 UNITED TELEPHONE COMPANY S OF FLORIDA 0 2D 40 OR 1233, PG 1742 a FOLIO NO. 00726680005 GRAPHIC SCALE 1. , 4O R R UNPLATTED COLLIER COUNTY OR 1663, PG 289 cS84'26'56 "E FOLIO N0. 00726720402 luo gleg 5.00' 104TCE d NOS'33'04'E 100 SF $ 20.00' 505'33'04 "W V) POB 20.00' N84'26'56 W POC S89'43'38'E r 5.00' 41.31' R N05'33'04 "E 17.20' EXM MG RIM UNPLATTED LEGEND KRG 951 & 41, LLC RW : RK&IT -OF -WAY OR 4167, PG 501 OR OFFICIAL RECORDS BOOK FOLIO NO. 00726721609 P8 a PLAT BOOK PG - PAGE POB . POINT OF BEGINNING POD POINT OF COMMENCEMENT NO. - NUMBER S.R.. STATE ROAD LEGAL DESCRIPTION — PARCEL 104TCE 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 SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'43'38'E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1663, PAGE 289; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NOF33'04 "E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N05'33'04 "E FOR 20.00 FEET; THENCE S84'26'56'E FOR 5.00 FEET; THENCE S05'33'04"W FOR 20.00 FEET; THENCE N84'26'56"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM - Row CONSTRUCTION EASEMENT JUN 15 2012 DURATION 3 YEARS. kG G L MICHAEL A WA PROFESSIONAL LAND SURVEYOR LS# 5301 IATE IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. w.. 1, mrz ores .. •:lzaorlosooer.ovoo user t pnr wt.waan o..,s...,.r.. .we rlrzar RNR\sos u.,. \In r —S 15t�hrr wN O�vYSV \rcr -/w Irw o2\9KR.rorrCFdn RM� CPROJECT: U.5.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION awl PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT Belo Ww" P.k w".$a%MO PREPARED FOR COUIER COUNTY GOVERNMENT HOARD OF COUNTY COYMISSIORERS 7-05M FAX: Pharr. (2iB) 597-0575 FAX: (psp) W74578 L9 N0.: 5582 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00 on i 3 51S 26E 1' - 40' 3 13 12 R.A.K. SKD_104TCE 1 DF 1 - -- --- - - - - -- - - -... Packet Page -166- 10/9/2012 Item 11.13. RESOLUTION NO. 2012 -_ A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alteratives, various impacts upon the environment, long range Packet Page -167- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 105FEEI, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Packet Page -168- 10/9/2012 Item 11.13. Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Fourteen Thousand, Five Hundred Eighty and 00 /100 Dollars ($114,580.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all Packet Page -169- 10/9/2012 Item 11.13. constitutional and statutory authority of Collier County and the Board of county Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74. and 127. Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK. CLERK Approved as to form legal su ci¢ncy: l d Jeffrey L. Hinds Outside Eminen }domain Counsel On behalf of Je, frey A. hlatzkow Collier Cow4 Attorney day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -170- 10/9/2012 Item 11.13. 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 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 II. Schedule I - Page 1 of 1 Packet Page -171- 10/9/2012 Item 113. R JUN 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSD! 5301 LEGEND LOT 1 CAPRI COMMERCIAL CENTER NO. p W RW RIGHT —DF —WAY OR = OFFICIAL RECORDS BOOK PLAT BOOK pG w E 2 PB 49, PG 5 / s POB POINT OF BEGINNING Phone: (239)N 45 a FAX (239) 5974579 LOWE'S HOME CENTERS, INC ,` v NO. NUMBER S.R.. STATE ROAD OR 4467, PG 1996 AKA ALSO, KNOWN AS S FOLIO N0. 25366002569 TRACT P R 0 90 80 -3 - RADIUS 0 - DELTA GRAPHIC r�l C/ CS CHORD BEARING 1' so, �_ C CHORD SCHEDULE IIL Page 1 of 3 \ OR 4467, PG 1996 FOLIO NO. +2536BOD2589 I ED :EK III, LLC G 1131 '26720800 97'32' NO3'46' L= 37.07' Ra 1 DO.OD' �= 21'14'31' CB-N64'46'1 6*W C -36 86' 0 a O) aY L =11.34' R =50.00' 6= 12'59'23' CB-N85'57'31'E C= 11.31' 105FEE1 2,331 SF 15'W POB UNPLATTED RED NAPLES HOLDINGS V. LLC Ex6nNG R* OR 4712, PG 2198 FOLIO NO. 00726724107 FEE SIMPLE LEGAL DESCRIPTION — PARCEL 105FEE1 INTEREST 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER 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 N6446'16'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 S8732.47 "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: THENCE SO4'56'15'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 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL JUN 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSD! 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — 4 2012 &Is .W M \tooelowoelAnm wl ! 0001 MnwelMn py,wmrel, — C ' e N- -%- ,- . V-ft .r =-4' b OT \9m- IOS10;] PROJECT: U.S.41 /C.R.951 /S.R.951 p W SKETCH AND LEGAL DESCRIPTION FLZ PARCEL 105FEEI: RIGHT -OF -WAY 0919 Wft n Prk DWn. Slid 200 PEEPARSD FOR C011M COUNTY GO11 BI)B T/D000 OF COUNTY COM IOSSIONER.9 Phone: (239)N 45 a FAX (239) 5974579 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S 26E 1' = 80' 3/13/12 R.A.K. SKD_105FEE7 1 OF 1 Packet Page -172- N \� / R 6 a 5 0 40 80 GRAPHIC SCALE LOT 1 I.. go' CAPRI COMMERCIAL CENTER NO. 2 PS 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 2536BOO2589 T 1 N18'17'33E 40.80' TRACT P -3 I 105FEE2 NO3'46'45 "E 654 SF 46.34' SO4'08'23"V1 86.03' N85'04'47'W 9.69' POB UNPLATTED KRG EAGLE CREEK III. LLC OR 3605. PG 1131 FOLIO NO.. 00726720800 EXISTING RW s LO 0) N 10/9/2012 Item 11. B. EDULE II we2of3 LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK "'. PG P AGE NOB POINT OF BEGINNING pi r N0. � NUMBER IM� -K S.R. • STATE ROAD AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105FEE2 REST ' 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 3605, PAGE 1131 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; THENCE N8SD4'47"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 NO3'46'45 "E FOR 46.34 FEET; THENCE N18'17'33'E FOR 40.80 FEET; THENCE 504'08'23 "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 NNE A. WARD PROFESSIONAL LAND SURVEYOR LS$ 5301 'DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — 4 -12 81. - ! \1000 \YIEm1.060D 1511 i Creel Y.Mr1Y,. Ywrwinrib — CI 1 EMI — —kft .- S,nw \9nNn MI —key—e1, IYV N�9m. tmI!£LMv PROJECT: U.S.41 /C.R.951 /S.R.951 > SKETCH AND LEGAL DESCRIPTION le PARCEL 105FEE2: RIGHT -OF -WAY 6610 W ilm Park Drive. Su11. 209 PREPARRD FOR: COUM COUNTY GOVERNUM/BOARD OF COUNTY COMMISSIONERS Phm.: IM) 597 -0s�AXra%597-0578 JOB NUMBER I REVISION SECTION I TOWNSHIP I RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 S1S 26E 1" = 80' 3/13/12 1 R.A.K. I SKD- 105FEE2 I 1 OF 1 Packet Page -173- �s 4p NO, �4?0 LOT 1 CAPRI COMMERCIAL N31'36'32 CENTER 18,2 PB 31, PG 52 TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368000028 LOT 1 CAPRI COMMERCIAL CENTER NO. 2 PB 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 N85'56'42" W LEGAL DESCRIPTION — PARCEL 105FEE3 10/9/2012 Item 11.13. SCHEDULE II Page 3 of 3 f'N' POB 05FEE3 2,003 SF G I:: FEE O 0 Y S LEGEND RW RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK PG - PAGE POB POINT OF BEGINNING N0. 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: 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 COLLIER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49. PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING ADJACENT TO THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951; THENCE SO4'1 1'32W FOR 273.75 FEET ALONG THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951; THENCE LEAVING THE WESTERLY RIGHT —OF —WAY LINE OF SAID S.R. 951, N85'56'42"W FOR 6.59 FEET; THENCE NO3'46'45"E FOR 257.49 FEET; THENCE N31'36'32E 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 2412 b4z - &/1.4/z MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jw t /Olt 115 A4 !, \IOOi�0.99Cl/.O910 WI � CMS/ Mn.eNn M�bW 011131 MW \!0.i AYn, \PF t- 3rwwY PROJECT: U.S.41/C.R.951/S.R.951 \��' AM W,Alb.e RY -MY jM Oj2 \SK4,.IAW/fE3.N9 `III Cks SKETCH AND LEGAL. DESCRIPTION t� PARCEL 105FEES: RICHT —OF —WAY seww pW.Rw a34Iun.2oo N,plee. Ro1W139109 COUNTY GOYERNMETT/BOARD OF COUNTY COMMISSIONERS pt w. 1239) 597-0575 (239) 697.0579 PREPARED FOR: COWER s 0FAX: 108 NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 1 of 1 nonnRt nn-nn I 1 3 51S 26E 1- - 80 3 /13/12 R.A.K. SKD- 105FEE3 Packet Page -174- 10/9/2012 Item 11.13. 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. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County ") shall acquire from the property ownerstinterest 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: 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. 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 Schedule III - Page 1 of 2 Packet Page -175- 10/9/2012 Item 11.B. 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 Packet Page -176- UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720800 a SKETCH AND LEGAL DESCRIPTION 1as PARCEL 105TCE1: TEMPORARY CONSTRUCTION EASEMENT 587'32'47 "E POs 5.00' Ne91w, FlalAS 34109 a Pl —(299) 597-0575 FAX: (299) 597 -0579 LOT 1 OC CAPRI COMMERCIAL NO3'46'45 E I CENTER NO. 2 59.15' N87-32.47 -W PB 49, PG 5 FILE NAME SHEET 24.07' LOWE'S HOME CENTERS, INC 105TCE1 I OR 4467, PG 1996 299 SF SD3'46'45 "W FOLIO NO. 25368002589 60.26' L =3.56' R =62.00' L =1.53' A =3'17'39" R= 100.00' CB— N7C37'25"W 6= 0'52'44' C =3.56' CB= N75'49'53'W C =1.53' UNPLATTED RED NAPLES HOLDINGS V. LLC OR 4712, PG 2196 FOLK) NO. 00726724107 TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. LEGAL DESCRIPTION — PARCEL 105TCE1 RW 10/9/2012 Item 11.13. SCHEDULE IV Page 1 of 4 �! LEGEND RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PO PLAT BOOK PG = PAGE POO s POINT OF BEGINNING POC . POINT OF COMMENCEMENT 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 SOUTHEAST 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 AT THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N8732'47 "W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: THENCE LEAVING SAID SOUTHERLY BOUNDARY, S03'46'45 "W FOR 60.26 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE: THENCE ALONG THE SOUTHERLY BOUNDARY OF THE "ACCESS LEG" OF LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 1.53 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'52'44', AND WHOSE LONG CHORD BEARS N75'49'53W FOR A DISTANCE OF 1.53 FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE: 2) THENCE 3.56 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 3'17'39 ", AND WHOSE LONG CHORD BEARS N74'37'25"W FOR A DISTANCE OF 3.56 FEET: THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID 'ACCESS LEG" N0346'45 "E FOR 59.15 FEET; THENCE S8732'47 "E FOR 5.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID "ACCESS LEG ", TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 299 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENT RFI TIONS OF RECORD. 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 NOT VAUD WITHOUT THE ORIGINAL SIGNATURE do 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.951RRMA�07—' SKETCH AND LEGAL DESCRIPTION PARCEL 105TCE1: TEMPORARY CONSTRUCTION EASEMENT %l0WR9x P**Drrw.8Wfe2W Ne91w, FlalAS 34109 PREPARED YOk COILLM COUNTY GOVEOWNT /BOARD OF COUNTY COMMISSIONERS Pl —(299) 597-0575 FAX: (299) 597 -0579 LS No.: 9952 JOB - NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00 .00 2 I 3 I 51S I 26E 1 " — 40' 6/4/12 R.A.K. SKD -10—E1 1 OF 1 Packet Page -177- LO CAPRI CC CENTEF PB 49 LOWE'S HOME OR 4467, FOLIO NO. �s 60.00' r LEGAL DESCRIPTION — PARCEL 105TCE2 RW _ 3 ul) it 5 "W 10/9/2012 Item 11.13. SCHED LE IV Page of 4 LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK PG PAGE PDB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT N0. 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 COMMON NORTHERLY BOUNDARY CORNER OF LOT 1. CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE SO4'11'32W FOR 203.75 FEET ALONG THE WESTERLY RIGHT -OF -WAY LINE OF SAID S.R. 951; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY LINE N85'56'42"W FOR 7.09 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE S03'46'45W FOR 70.00 FEET; THENCE N85'56'42W FOR 60.00 FEET; THENCE NO3'45'45 "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. 141CRAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .rw A 20IT mis " mWo"NopmT.Mw M1 t Cw31 pfwNC.", inpw,,,wib MI C..31 "no"wx M \M :- s.,..r13b.li N,! \ix-.w by 97\s.0_i9lRT3. PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIP' ON o s LTIN avuz9�eet PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT asio Wmn PaA1 DIMa. sa)b 200 Napa. R.Id. 34109 RED PREPA FOR: COLDER COUNTY POVERNh�L'IT /BOM OF COUNTY COMIUSSIONM Phma: (299) 597.0575 FAX: (239) 6074978 ,s W.I. 8%2 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE SCALE OATS DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" 80' 6/4/12 RAK. SKD- 105TCE2 1 OF 1 Packet Page -178- LOT 1 CAPRI COMMERCIAL CENTER NO. 2 S8556'4 PB 49, PG 5 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 0 NO 25368002589 FOLI NI T 17'33 "E ^� 40.81' T TRACT P -3 ) --- — NO3'46'45 'E_ N85'04'47"W_ 5.00' N85'04'47'% UNPLATTED 9.69 KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720800 LEGAL DtSCRIPTION — PARCEL 105TCE3 EXISTING RW 'E 0'1 01 41 n w a :n C) ° 0 105TCE3 821 SF S18.17'33 W 40.80' I S03'46' 45"W 46.34' 10/9/2012 Item 11.13. SCHEDULE IV Page 3 of A�� rn ' TEMPORARY CONSipUCT10N EASEMEN ppppTlOU 3 YEARS LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PB PLAT BOOK PG a PAGE Poe a POINT OF BEGINNING POC POINT OF COMMENCEMENT N0. NUMBER S.R. STATE ROAD AKA a 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: OF THE PUBLIC CT RECORDS�OF�COWERNCOUNTY FLORIDA. ALSO DESCRIBED BEING ANPLATTEED CORNERDOFBLOT 1 �CAAPRI�E 1431 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 WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 951: THENCE N85'04'47W 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, NOT46.45 "E FOR 46.67 FEET: THENCE N1B'17'33"E FOR 40.81 FEET THENCE N04'00'59 "E FOR 76.49 FEET THENCE S8556'42 "E 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 LINE, S1B'17'33'W FOR 40.80 FEET: THENCE SOY46'45"W 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 -7012 v MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — O. !Ott "I .... MV009\pi0o05 -- —1 ! L11 l Mw�ees" e�s+sw"w+. .�,e Opyi IIM\90R vmv \"x ,- zwwf \sreex r,e 0.aaYM� \TCPIIM M 03 \SKD- 1051001"0 PROJECT: U.S.41/C.R.951/S.R.951 Cka SKETCH AND LEGAL DESCRIPTION +� PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT 8910 VMm P�.x DOM. W" 9" N41w. FWW494109 PREPARED FOR: COUJER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS flh— (299)597.0975 0X: Ces91597.9579 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 _ _0 3 515 26E 1" - 60 6/4/12 R.A K. SKD_105TCE3 1 of 1 Packet Page -179- 10/9/2012 Item 11.13. SCHEDULE IV 4 Page 4 of 4 E s 0 30 so GLYWC SCAM 1. to, S31'3W32W 18-33* Po LOT 1 N31*3 32'E POC CE CAPRI COMMERCNTER IAL 6' 10�.71' TEMPORARY PB 31, PG 52 EXISTING Rw CONSTRUCTION EASEMENT TJS NAPLES, LLC OR 4267, PG 3129 OURATM FOLIO NO, 25358000028 C? K °' 105TCE4 914 SF 50346'45W L0 187.49' z vi I LOT 1 N85'5642W CAPRI COMMERCIAL 5.00, CENTER NO. 2 PS 49, PG 5 LEGEND PIN • RIGHT—OF—WAY LOWE'S HOME CENTERS, INC OR OFMLAL RECORDS BOOK OR 4467. PG 1996 PB PLAT BOOK FOLIO NO. Z5368DOZ589 P0 PAGE POD POINT OF KGMR1140 POC POINT OF COMMENCEMENT No. NUMBER I.R. SLATE ROAD AKA ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 105TCE4 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 LINE OF STATE ROAD 951, AS RECORDED IN PLAT BOOK 31. PAGE 52 OF THE PUBLIC RECORDS OF COLLIER 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*36'32W 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, S03'46'45W FOR 187.49 FEET; THENCE NW56'42W FOR 5.00 FEET; THENCE NO3*45*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 914 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH - ROW JUN 15 2012 MICHAEL �flLWARD �PROF PROFESSIONAL LAND SURVEYOR ISO �5301 D IGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED-PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a ims &" M .%=wWwwwow M, • cost anwa-0wrm" PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION R WA PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT wicwsmpw%DrIn.s*szoo w*w&pmws34lo9 pREPAM Fore COWER COUNTY GOVEMMM/BOAM OF COUNTY COMMSMONERS 07-0375 Fw. (M 5974378 LR ": SM JOB NUMBER I REVI SION SECTION I TOWNSHIP I RANGr I SCALE BY NAME SHEET norm., In M n 1 51 5 26E 1. - 60 6 S KD—I05TCE4 I OF Packet Page -180- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 106FEE, 106TCO) attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -181- 10/9/2012 Item 11. B. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 106FEE, 106TCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project; as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration i of these issues, the at -grade improvements addressing the intersection skew and travel lane offset i j constitute the most favorable alignment and configuration for construction of the proposed ii improvements, which improvements require the acquisition of Parcel 106FEE, 106TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 106FEE, 106TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 106FEE, 106TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 106FEE, 106TCE, which appraisal also includes a n...... 1 Packet Page -182- 10/9/2012 Item 11.13. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 106FEE, 106TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of Two Hundred Three Thousand and 00 /100 Dollars ($203,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 106FEE, 106TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 106FEE, 106TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. Packet Page -183- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution. adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA d as to fo and h6enc Jeffrey L. HiMs Outside Eiip rent Domain Counsel On behaV of.leffrey A. Klatzkow Collier unty Attorney By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -184- 10/9/2012 Item 11. B. 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 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 H. Schedule I - Page 1 of 1 Packet Page -185- 10/9/2012 Item 11.13. N " E UNPLATTED CHEDULE II ° H&V REALTY e 1 Of 1 S CORPORATION OF BROOKLYN, INC. 0 40 80 OR 4289, PG 1246 FOLIO NO. GMIC SALE 00724800007 SO-r31 `47 "E 48.95' R 106FEE 9,241 SF LEGEND S03'46'45W RW - RIGrR.#_WAY 61.66' OR - OFFICNL RECORDS BOOK PB : PLAT BOOK PG PAGE W N86' 13'15"W NOB Q OI NUMBER OF BEGINNING r` a 5.00' S.R. - STATE ROAD a+ O Nj d AKA - ALSO KNOWN AS .- UNPLATTED Ing 4 UNITED TELEPHONE COMPANY l OF FLORIDA OR 1233, PG 1742 c FOLIO NO. rn 00725680005 POB R N89' 15'56"W Q 45.41' UNPLATTED COLLIER COUNTY EXISTING RW OR 1663, PG 289 FOLIO NO. 00726720402 R FEe SIMPLE LEGAL DESCRIPTION — PARCEL 106FEE INTEREST 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 THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N0411'07 "E FOR 198.60 FEET ALONG THE EASTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE S87'31'47'E FOR 46.95 FEET ALONG THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1233, PAGE 1742 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S03'46'45W FOR 81.66 FEET; THENCE N86'13'15"W FOR 5.00 FEET; THENCE S03'46'45'W FOR 115.64 FEET; THENCE N89'15'56"W FOR 45.41 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1233, PAGE 1742, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 9.241 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 IIUA& G /JJ /z MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 15ATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .M+,. a xOtl lalx N1 8>1xaa8 \6ba1m0p Us11 t CT.lf Mwa.eu.n b.en vnwh w,e G93� 8118 \sar Prw \nn zS,ev�rtal. My u..eroaw \tce -xw tw of \aw_twrii dd QXl PROJECT: U.5.41/C.R.951/S.R.951 Pi SKETCH AND LEGAL DESCRIPTION R T PARCEL 106FEE: RIGHT- OF -AAY 6818 Wftw Pnk TAHe, smro 2W vi-wiludim PREPARED FOR: COLDER COUNTY GOVERNHSNT /BOARD OF COUNTY COMMISSIONERS Ph..: (239) 5n �MW?-Wn Lb Na: 6852 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET O9OD81.D0.00 i 3 51S 26E 1" BO' 3 13 12 R.A K. SKD_106FEE 1 of 1 Packet Page -186- 10/9/2012 Item 11.B. 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. 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 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: 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. 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. 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 Schedule III - Page 1 of 2 Packet Page -187- 10/9/2012 Item 11.13. 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 Packet Page -188- N R_ W E S o 20 NB Q"IC SCALE 1" , 40, 02 ExunNG ^ � a 0) v M1 � o POB NO3'46'45'E i 30.64'1 i S89'1 5'56E i POC 45.41' 10/9/2012 Item 11.13. SCHERULE IV Pag 1 of 1 S86'13'15'E 10.00' _� 106TCE 850 SF UNPLATTED UNITED TELEPHONE COMPANY `r OF FLORIDA 11 OR 1233, PG 1742 59 FOLIO NO. 00726680005 N86'13'15'W 10.00' UNPLATTED COLLIER COUNTY LEGEND OR 1663, PG 289 RW - RIGKr -OF -WAY FOLIO N0, 00726720402 OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PC - PAGE POS — POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. - NUMBER S.R. STATE ROAD LEGAL DESCRIPTION — PARCEL 106TCE AKA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA B MORE PARTICULARLY DESCRIBED AS FOLLOWS: EING COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'15'56 "E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289; THENCE LEAVING SAID NORTHERLY BOUNDARY NO3'46'45 -E FOR 30.64 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NO3'46'45'E FOR 85.00 FEET; THENCE S86'13'15'E FOR 10.00 FEET; THENCE S03'46'45'W FOR 85.00 FEET; THENCE N86'13'15"W FOR 10.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 850 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TEEM - Row CONSTRUCTION EASEMENT JUN 15 21712 DURATION 3 YEARS. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED - PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY. .m- a "12 afi w W%3 v \MW'". 0 Ml r C l b,r -vfL, — d 31 IIIM \NR /Mn1vA t- 5,.,�1'\Sbkl, Ai A-,bMw.1TC[ -.IV IM \CfC_tO.iCE PROJECT: TT.S.41 /C.R.951 /S.R.951 SKETCH AND LEGAL DESCRIPTION RM, Ak=lrz. PARCEL IOOTCE: 7E11PORARY CONSTRUCTION EASPAMNT � PREPARED FOR COLUEE COUNTY GOVERNNENT/BOARB OF COUNTS COIINISSIONM 6610 WIIaW Pnk Ddn � 1s N'�°'. rye■ 89160 PI»na: (2111597 -0575 FAX: I7JD) 607-0578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCE DATE AL U3 N.: 6952 DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 26E 1" = 4D' 3 13 12 I R.A.K. SKD_106TCE 1 of 1 Packet Page -189- I 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 107FEE, 107TCEI, 107TCE2 ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -190- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 107FEE, 107TCE1, 107TCE2 ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 107FEE, 107TCE1, 107TCE2. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 107FEE, 107TCE1, 107TCE2 by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 107FEE, 107TCE1, 107TCE2 which parcel is sought to be acquired by the County. Packet Page -191- 10/9/2012 Item 11.13. Having previously obtained an appraisal of Parcel 107FEE, 107TCE1, 107TCE2, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 107FEE, 107TCE1, 107TCE2, and to provide the fee owner(s) a written offer binding on the County in the amount of Eighty-Six Thousand Five Hundred Fifty and 00 /100 Dollars ($86,550.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without fiuther Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 107FEE, 107TCE1, 107TCE2 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is farther authorized to accomplish the acquisition of Parcel 107FEE, 107TCE1, 107TCE2 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. Packet Page -192- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution. adopted on this day of 2012. after motion. second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY. FLORIDA Bv: Approved as to form and legal suff5cienc C9 Jeffrey L.liind/ Outside 6min ,gnt Domain Counsel On behalf oV.Teffrev A. Klatzkow Collier Co ity Attorney FRED W. COYLE. CHAIRMAN -Pate &- Packet Page -193- 0 10/9/2012 Item 11.13. 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 II. 2. Schedule If 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 1- Page 1 of 1 Packet Page -194- N MAW SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL AM LOT 1 i 8 CAPRI COMMERCIAL l7L' v?, CENTER N0. 2 SKETCH AND LEGAL DESCRIPTION vnon x=yBO�°O6/y� PB 49, PG 5 PARCEL 107FEE: RIGHT —OF —NAY LOWE'S HOME CENTERS, INC PREPARED FOR COLLIER COUNTY GOVERNUM /BOARD OF COUNTY COIIMIONERS O OR 4467, PG 1996 / JOB NUMBER FOLIO NO. 25368002589 ,. GRAPHIC IC SCAIE RANGE J` I 1. * &1' DRAWN BY FILE NAME SHEET 090081.00.00 TRACT P -3 3 51S 585'04'47 "E 1" — 80' 3 /13/12 9.59' I 1 OF 1 1__ Y �a UNPLATTED 6-OP EAGLE CREEK III. LLC OR 3605. PG 1131 UO NO. 0072672DBOO N49'31'0 21, NO3'46'45" Ol 10.0; N87'32'4 nut w N 10/9/2012 Item 11.13. �— EKISMNG RW '-'—POB N i!1 107FEE 2,090 SF SCHEDULEI 11 Im Page 1 of 1 UNPLATTED I RED NAPLES HOLDINGS V. LLC OR 4712, PG 2198 LEGEND FOLIO NO. 00726724107 RW - RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PB PLAT BOOK Q PG . PAGE POB =POINT OF BEGINNING NO. NUMBER FEE ,,c E S.R. STATE ROAD AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 107FEE INTEREST 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 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLDER 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; THENCE SO4'08'23"W FOR 200.50 FEET ALONG THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951; THENCE N87'32'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3505, PAGE 1131; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3'46'45 "E FOR 10.02 FEET; THENCE N49'31'04 "E FOR 21.84 FEET; THENCE N0346'45 "E FOR 175.98 FEET; THENCE S85704'47 "E FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DECSRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.090 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSO 5301 MAW SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .,h.ir S. f0 /2 IQtS " M\y000\011001011MM US41 k CMS? M"nork" bew.. —b AM CM 1 *W \= /lw \Iw ,- An+y \YMM IN D+MIw \/CC -NM M 0\80 ,0mr -w". l7L' PROJECT: U.S.41/C.R.951/S.R.951 A SKETCH AND LEGAL DESCRIPTION vnon x=yBO�°O6/y� PARCEL 107FEE: RIGHT —OF —NAY 116Io Wow Pwk Drw. Sump 200 PREPARED FOR COLLIER COUNTY GOVERNUM /BOARD OF COUNTY COIIMIONERS Pl—: (29B1597 75 FAX- -- RN) 5117-4+76 LB No: 6652 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S 26E 1" — 80' 3 /13/12 R.A.K. SKD- 107FEE I 1 OF 1 Packet Page - 195 -_ 10/9/2012 Item 11.13. 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. 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 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 Il, and for restoring the temporary construction 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, 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 Schedule III - Page 1 of 2 Packet Page -196- 10/9/2012 Item 11.13. 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 Packet Page -197- 10/9/2012 Item 11.13. N SCHEDULE IV ' e Page 1 of 2 s 0 20 40 1 GRAPHIC SChIE 1. t, UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720800 a+ NC RW 107TCE1 49 SF S86'13'15 "E 5.00' NO3'46'45"E 503'46'45"YY 9.79' 9.67' N87'32'47'W OC S 5.00' , .. LOT 1 N87'32'47" W CAPRI COMMERCIAL POB 24.07' CENTER NO. 2 PB 49. PG 5 LOWE'S HOME CENTERS, INC Q OR 4467, PG 1996 + FOLIO NO. 25368002589 I UNPLATTED TECM - Row RED NAPLES HOLDINGS V. LLC OR 4712, PG 2198 JUN 15 2012 FOLIO NO. 00726724107 LEGEND RW RIGHT -OF -WAY tCHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 OR = OFFK�M. RECORDS BOOK NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED PS PLAT BOOK SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PG PAGE Aw, 4 2012 WTI " WAJIM\00W01.0OA0 USN t CR.01 MlwweYM Mq,wwl -N M owl ■ %v= /bv \M POO POINT OF BEGINNNIG PROJECT: U.S.41/C.R.951/S.R.951� POC POINT OF COMMENCEMENT lam. > NO. NUMBER LEGAL DESCRIPTION — PARCEL 107TCE1 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 SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER AT THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA: THENCE N87'32'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 36D5, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: THENCE CONTINUE ALONG SAID SOUTHERLY BOUNDARY, N87- 32.47 -W FOR 5.00 FEET: THENCE LEAVING SAID SOUTHERLY BOUNDARY. NOT46'45"E FOR 9.79 FEET; THENCE SB6'13'15"E FOR 5.00 FEET: THENCE S03'46'45'W FOR 9.67 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 49 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Packet Page -198- TECM - Row TEMPORARY JUN 15 2012 CONSTRUCTION EASEMENT DURATION 3 YEARS. �— 3 /Z tCHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 15ATEf SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Aw, 4 2012 WTI " WAJIM\00W01.0OA0 USN t CR.01 MlwweYM Mq,wwl -N M owl ■ %v= /bv \M i- sfti, i N.I Oxvt b—Nrvr- MY SkU 10]TCEIAry' PROJECT: U.S.41/C.R.951/S.R.951� lam. > SKETCH AND LEGAL DESCRIPTION PARCEL 107TCEI: TEMPORARY CONSTRUCTION EASEMENT 0610 W11wl P.lk D1i... BUN. 2W PREPARED FOR COUM COUNTY GOW10011BNT/BOARD OF COUNTY CONIBSSIONEW Ph,n,: MM 46 j 34109 = 97.079 LB Na: e852 JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" = 40' 6/6/12 R.A.K. I I SKD- 107TCE1 1 OF 1 Packet Page -198- 10/9/2012 Item 11.13. R SCHEDUL IV LOT 1 Page 2 f 2 N E CAPRI COMMERCIAL CENTER NO. 2 PS 49, 5 LOWE'S HOME CENTERS, INC / \I 0t�--�-.�- Q 90 OR 4467, PG 1996 FOLIO NO. 25368002589 / EXISRNC RIN GRAPI9C SCALE x 1' 80, TRACT P -3 I 585'04'47'E 5.00' � N85'04'47'W b 9.69' UNPLATTED POC KRG EAGLE CREEK III, LLC POB OR 3605, PG 1131 T \ FOLIO NO. 00726720800 NO3'46'45'E SCIX46'45 -W 1 B0.95' 175.98' 107TCE2 a 892 SF vi a � 4or S49'31'04 -W \ 6.98' a UNPLATTED RED NAPLES HOLDINGS V, LLC LEGEND OR 4712, PG 2198 RW = RIGHT -OF -WAY FOLIO NO. 00726724107 OR - OFFICIAL RECORDS BOOK PB : PLAT BOOK Q PG = PAGE 1 POB - POINT OF BEGINNSJG NO. = NUMBER S. R. s STATE ROAD . LEGAL DESCRIPTION - PARCEL 107TCE2 AKA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 25 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 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 COWER COUNTY, FLORIDA. ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY OF STATE ROAD 951; THENCE N85'04'47'W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID NORTHERLY BOUNDARY, S03'46'45'W FOR 175.98 FEET; THENCE S49'31'04'W FOR 6.98 FEET; THENCE NOT46'45'E FOR 180.95 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY; THENCE S85'04'47E FOR 5.00 FEET ALONG SAID NORTHERLY BOUNDARY. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 892 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM - ROW CONSTRUCTION EASEMENT JUN 15 2012 DURATION 3 YEARS. MICWE A. WARD PROFESSIONAL LAND SURVEYOR LSD 5301 DATV SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .m.. rr, lmz av yr r.1:a.. \a.orormoo uwr t ann mws.,snm wmre.ww. wr aeef �wMwr r'u.. \rr. - a.nr1a.r .e n..ru.n.\at -�r ... u\sm..romaav PROJECT: U.S.41 /C.R.951 /S.R.951 Terer� SKETCH AND LEGAL DESCRIPTION =,`�ti i JL PARCEL 107TCE2: TEMPORARY CONSTRUCTION EASEMENT 6610WR.wPftD",Suh.200 � R��R PREPARED FOR: COLLIER COUNTY GOVSIWIOIIiT /BOARD OF COUN77 COIIIOSSIONERS Pn. b: t?ssMON. nAi�x 109 sar-078 L8 N..: 6662 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081 .00.00 0 3 51 S 26E 1' - 80' 6 8 12 RA.K. SKD- 107TCE2 1 OF 1 Packet Page- 199 -, 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 108FEE, 108TCE1, 108TCE2 ") attached hereto and incorporated herein, and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -200- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 108FEE, 108TCE1, 108TCE2') for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 108FEE, 108TCE1, 108TCE2. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 108FEE, 108TCE1, 108TCE2 by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 108FEE, 108TCE1, 108TCE2 which parcel is sought to be acquired by the County. Packet Page -201- 10/9/2012 Item 11.B. Having previously obtained an appraisal of Parcel 108FEE, 108TCE1, 108TCE2, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 108FEE, 108TCE1, 108TCE2, and to provide the fee owner(s) a written offer binding on the County in the amount of Five Hundred Thirty-Two Thousand and 00 /100 Dollars ($532,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 108FEE, 108TCE1, 108TCE2 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 108FEE, 108TCE1, 108TCE2 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. n - -- I Packet Page -202- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to he acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK. CLERK Approved a o Ibrm and Icgal s ici /t / �^ ` ,t Outside Eminent Domain Counsel On behalf of.leff[4v A. Klatzkow Collier County 4ttomey day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Bv: FRED W. COYLE. CHAIRMAN -Page 4- Packet Page -203- 10/9/2012 Item 11.13. 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 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 ll. Schedule I - Page 1 of 1 Packet Page -204- 10/9/2012 Item 11.13. \f SC ULE II Page f 1 554'20'47 "E C��f 83.58'% UNPLATTED LEGEND LINKED TELEPHONE RW •RIGHT -OF -WAY COMPANY OR - OFFICIAL RECORDS BOOK OF FLORIDA P8 - PLAT BOOK F" E OR 1 FOLIO P NO. 1742 �' Poe PAGE OF BEGINNING 00726680005 ` NO. - NUMBER S.R. - STATE ROAD AKA . ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108FEE 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 SOUTHEAST CORNER OF PARCEL 142 (ORDER OF TAKING) AS RECORDED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 142, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO2- 28.03 "E FOR 292.80 FEET; 2) THENCE N3543'00 "E FOR 49.97 FEET; THENCE S54'20'47'E FOR 83.58 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 4% THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY LINE S39'26'27W FOR 39.30 FEET; THENCE 515703'34 W FOR 29.06 FEET; THENCE S034645W FOR 120.69 FEET; THENCE 586'13'15 "E FOR 5.00 FEET; THENCE S03'46'45W FOR 108.34 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289. PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE N8731'47"W FOR 67.12 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 22,341 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. �i � F1 TECM - ROW JUL 102012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5,301 OWTE ' SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL 3W26'27'W 22,3411 SF J* f0. 1012 11.10 M M` \2000 \Wa0lfO0.0D (1 f ♦ C1,0.1f lib. 1- bvp",w""1b A C 1 M! \TOR Pb N^ i- SV^MSY,IU Mtl Dweristiw \fQ-�M Rw G! \9fRiQl1[Ghq PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION 39.30' PARCEL 108FEE: RIGHT -OF -WAY Belo Waow Ps* Odm Subo 200 PRSPAM FOR COUM COUNTY GOVJBRNCn/BOARD OF COUNTY CODOUSSIONSJIS S15'03'34"W LS Na.:8 52 JOB NUMBER 29.06' SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 0) C4 3 13 12 S03'46'45W UNPLATTED SKD- 1OBFEE 1 OF i 120.69' HdcV REALTY CORPORATION OF BROOKLYN, INC. c OR 4289, PG 1246 N S86'13'15"E FOLIO N0. " c 5.00' 00724800007 z ;I to o /a EXISTING RW o UNPLATTED N R KRG 951 & 41. LLC POB J OR 4167, PG 805 I N87'31'47'W FOLIO NO. 00726280007 67.12' UNPLATTED LEGEND LINKED TELEPHONE RW •RIGHT -OF -WAY COMPANY OR - OFFICIAL RECORDS BOOK OF FLORIDA P8 - PLAT BOOK F" E OR 1 FOLIO P NO. 1742 �' Poe PAGE OF BEGINNING 00726680005 ` NO. - NUMBER S.R. - STATE ROAD AKA . ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108FEE 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 SOUTHEAST CORNER OF PARCEL 142 (ORDER OF TAKING) AS RECORDED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 142, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO2- 28.03 "E FOR 292.80 FEET; 2) THENCE N3543'00 "E FOR 49.97 FEET; THENCE S54'20'47'E FOR 83.58 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 4% THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY LINE S39'26'27W FOR 39.30 FEET; THENCE 515703'34 W FOR 29.06 FEET; THENCE S034645W FOR 120.69 FEET; THENCE 586'13'15 "E FOR 5.00 FEET; THENCE S03'46'45W FOR 108.34 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289. PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE N8731'47"W FOR 67.12 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 22,341 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. �i � F1 TECM - ROW JUL 102012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5,301 OWTE ' SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. J* f0. 1012 11.10 M M` \2000 \Wa0lfO0.0D (1 f ♦ C1,0.1f lib. 1- bvp",w""1b A C 1 M! \TOR Pb N^ i- SV^MSY,IU Mtl Dweristiw \fQ-�M Rw G! \9fRiQl1[Ghq PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION Z �s �L 6 PARCEL 108FEE: RIGHT -OF -WAY Belo Waow Ps* Odm Subo 200 PRSPAM FOR COUM COUNTY GOVJBRNCn/BOARD OF COUNTY CODOUSSIONSJIS Ph —(239) WY ,Nn FAX 597 -0570 LS Na.:8 52 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 26E 1" = 80' 3 13 12 R.A.K. SKD- 1OBFEE 1 OF i Packet Page - 205 -_ 10/9/2012 Item 11.B. 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. 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 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 Il, and for restoring the temporary construction 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, 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 Schedule III - Page 1 of 2 Packet Page -206- 10/9/2012 Item 11.13. 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 Packet Page -207- 10/9/2012 Item 11.13. N I SCHEDULE IV b E Page 1 of 2 A s f I GL'APRLC SCALE I c5 1 UNPLATTED HA:V REALTY CORPORATION of OF BROOKLYN, INC. a OR 4289, PG 1245 FOLIO NO. 00724600007 -0 I IL 2 i Q a S86'13'15 'E I � 8.00' loarcEl NO3 46'45'E 320 SF 40.00' i SOS46'45"W NO3'46'45"E P08 40'00' 8.54' -------- 587'31'47 , POC 67.12' N86'13'15"W---- 2 ---------------- -- 8.00' 1 EXISING UNPLATTED UNITED TELEPHONE COMPANY OF FLORIDA OR 1233, PG 1742 FOLIO NO. 00726680005 LEGEND TEMPOT- RIGHT MAY RARY OR OFFICIAL OR . RECORDS BOOK ( CONSTRUCTION EASEME `PLAT BOOK PAGE OB -= POINT OF BEGINNING OC - POINT OF COMMENCEMENT DURATION .3 - NUMBER S.R. -STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108TCE1 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 SOUTHEAST CORNER OF "PARCEL 142" ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S87'31'47 "E FOR 67.12 FEET ALONG THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3'46'45 "E FOR 8.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NO3'4645'E FOR 40.00 FEET; THENCE S86'13'15 "E FOR &DO FEET; THENCE S03'46'45'W FOR 40.00 FEET; THENCE N86'13'15*w FOR 8.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 320 SQUARE FEET OR OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM — ROW AUG 16 2012 4DA MIC WARD PROFESSIONAL LAND SURVEYOR LSD 5301 NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 14 Mt Itw AY A 9.DOfl,pq.p'S., . ~' b*— 4� -- m. —N= H-r 1 Ad q."tiyv. 19[•.11 AM 9m IWKfI PROJECT: U.S.41/C.R.951/8.R.951 xie YY,d✓odoa 8E;E1'CH AND LEGAL DESCRIPTION � PARCEL 1DSTCRL: TEMPORARY CONSTRUCTION EASEMENT PBEPARBD FO& COU,7EfL CDM GXERIGM/BOARB OF COVI IT COM MMI191IS R —12 N9qu.Fwa.>,1o9 0) "?-W 5 FA1C R99) 597-0S75 JOB NUMBER REVISION I SECTION I TOWNSFAP RANGE SCALE DATE DRAWN BY FIL NAVE SHEET LB Nw OW 090081.00.00 2 3 51S 26E ?" 40 6/B 12 RAK. SKD_108TCEI 1 OF 1 Packet Page v s�tiL r• •• , V r.f y/ DM"nNG RW N3639'13'E 5.00' S54'2C 108TCE2 40.00' 200 SF N54'20'47"W 40.00' S35-39-13 "W 5.00' UNPLATTED H&V REALTY CORPORATION OF BROOKLYN, INC. OR 4289, PG 1246 FOLIO NO. 00724800007 10/9/2012 Item 11.13. SCHEDULE Page 2 of 2 UNPLATTED �I KRG 951 do 41, LLC OR 4167, PG 805 FOLIO NO. 00726280007 LEGAL DESCRIPTION — PARCEL 108TCE2 LEGEND RW = RIGHT -OF -WAY DR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG ' PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. NUMBER S.R. = STATE ROAD ACA 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 4289, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY, ALSO BEING THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PACE 805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE N54'20'47 "W FOR 54.92 FEET ALONG THE SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING THE SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41, S35'39'13 "W FOR 5.00 FEET: THENCE N54'20'47W FOR 40.00 FEET; THENCE N35!39'13"E FOR 5.00 FEET, TO A POINT ON SAID SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE S54'20'47E FOR 40.00 FEET ALONG SAID SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 200 SQUARE FEET MORE OR OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY -rECM - ROW CONSTRUCTION EASEMENT 1UN 15 2012 DURATION w YEARS. MICHAEL A WARD PROFESSIONAL LAND SURVEYOR SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a a 2012 ON w M \morlosoost.oaaa us'r t CM1 kft— - +.n...,..n " Cos, xMR= n..W. 1 -s~s wh ~ tt.=.ai —\= -nw 1w, 02waL mttX on JOB NUMBER 090081.00.00 I REVOSION I SE ON I T051S IF I 26EE � 1 "SCAL40' I 6/6/12 I DRAWN RA.KBY I SKD-108TCF-2 I 1 HE 1 Packet Page -209- PROJECT: U.S.41 /C.ft.951/ 1 A MA DESCRIPTION SKETCH AND LEGAL DESCRIPTION x� e f PARCEL IOSTCE2: TEMPORARY CONSTRUCTION EASEMENT 6610 Wftw PMk Dem. situ 200 PREPARES) FOIL COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMiSMONEBS Piny .:(239) NS9ias Fix (239)%7.05n LB N.: l052 JOB NUMBER 090081.00.00 I REVOSION I SE ON I T051S IF I 26EE � 1 "SCAL40' I 6/6/12 I DRAWN RA.KBY I SKD-108TCF-2 I 1 HE 1 Packet Page -209- 10/9/2012 Item 11.B. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 109FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -210- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 109FEE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 109FEE AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 109FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 109FEE which parcel is sought to be acquired by the County. Likewise, the County Manager or his designee is hereby authorized and directed to obtain an appraisal of Parcel 109FEE, which appraisal also shall include a good faith estimate upon which to base a written Packet Page -211- 10/9/2012 Item 11.13. offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition. The Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 109FEE, and to provide the fee owner(s) a written offer binding on the County in an amount based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 109FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 109FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. -Page 3- Packet Page -212- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Approved as to form and legal f fi ie c Jeffi'ev L. Hiiz s Outside Fn 'vent Domain Counsel On behalf �I'Jeffiey A. Klatzkow Collier County Attorney 0 FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -213- 10/9/2012 Item 11.13. 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 ll. 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 IL Schedule I - Page 1 of 1 Packet Page -214- 10/9/2012 Item 11.13. " SCHED I II Pa 1 of 1 q E S 0 10 rw 1• LEGEND RW - RIGFR -OF -WAY / OR - OFFICIAL RECORDS BOOK PS - PLAT BOOK PC . PAGE POB POINT OF BEGINNING NO. NUMBER LOT 2 S.R. STATE LSSO KNOWN AS CAPRI COMMERCIAL CENTER REPEAT PH 35, PG 85 TJS NAPLES, LLC RW OR 4267, PG 3129 \ FOLIO NO. 25366002026 / N70' 13'06 -E 9.7Z' 109FEE LOT 1 475 SF SO V 11'32 W 48.48' CAPRI COMMERCIAL NO3'46'45'E CENTER 60.81" PO$ PH 31, PG 52 TJS NAPLES, LLC S31'36'32W OR 4267, PG 3129 18.33' <FOLIO NO. 25368000028 14G RN r- C LOT 1 CAPRI COMMERCIAL CENTER NO. 2 y PB 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FEE sail{ FOLIO NO. 25368002589 IWERES 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 PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT I. 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 WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE S31.36'32"W FOR 18,33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT T, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE LEAVING SAID EASTERLY BOUNDARY, NO3- 46.45 -E FOR 60.81 FEET; THENCE N7(713'05'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 SD4'11'32'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. TECH - ROW SEP 19 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 CIATE MNE0 NOT VAUD WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .r* V. mra rags - Amm osw7m ettr R ssasr wr e.ee.. rw.»..a ♦.e o ' rwtsnt re..V'.". ws.�+r \s.rr ar orw.mr\RZ -wr_m. o�lswo_ra�aar,.,y - -- - -- JOB NUMBER REVISION I SECTION TOWNSHIP RANGE' SCALE DATE DRAWN BY FILE NAME SHEET t 09006 1.00.00 0 3 91S 26E 1' 80 7/231 12 RAK. SKO- 109FEE3 OF _ _...__..... Packet Page - 215 - PR03ECT: U.S.41/C.R.951/S.R.951 ��� vunuaem SKETCH AND LEGAL DESCRIPTION 8jJ1}T , PARCEL 109FEE RIGHT -OF -WAY sets Wil- P.kOd". S.A. 00 FRSPARSO FOR; COLIM COUM COVERS MW/9DAR0 Of CWITT C0100SSIORBRS Pinw.txsel mi�'5 PAX- 1""r97.OSte JOB NUMBER REVISION I SECTION TOWNSHIP RANGE' SCALE DATE DRAWN BY FILE NAME SHEET t 09006 1.00.00 0 3 91S 26E 1' 80 7/231 12 RAK. SKO- 109FEE3 OF _ _...__..... Packet Page - 215 - 10/9/2012 Item 11.13. RESOLUTION NO. 2012 -. A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER, DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 112FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -216- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 112FEE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 112FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 112FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel I I2FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 112FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -217- 10/9/2012 Item 11.B. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 112FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Forty-Six Thousand Two Hundred Fifty and 00 /100 Dollars ($46,250.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 112FEE to the extent of the estate or interest set forth as a part of such parceI's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 112FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -218- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Approv s to form and legal ffi ency: Jeffre} L. Hindi Outside Emin nt Domain Counsel On behalfofleffrey A. F;latzkow Collier County Attorney By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -219- nZ 10/9/2012 Item 11.13. 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 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 II. Schedule I - Page 1 of 1 Packet Page -220- 10/9/2012 Item 11.13. e P HEDULE II TRACT 30 e 1 of S BARNETT BANK, NA O 30 W OR 2210, PG 2146 �.. FOLIO NO. 34520001403 GRAPHIC SCxz 1" 60' a UNPLATTED SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 FOLIO NO. 00726640003 All N35'38'49 "E 15.00' 112FEE 2,550 SF N-9- 4t';, -Sr7 POB ' 15.00' EXISTING RW LEGEND RW RIGW —OF —WAY OR OFFICIAL RECORDS BOOK P9 W PLAT BOOK PG PAGE POB POW OF BEGINNING NO. NUMBER FEE SIMPLE SAKA - AM KNOWN AS LEGAL DESCRIPTION — PARCEL 112FEE INTEREST 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 SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE N54'20'28"W FOR 170.02 FEET ALONG SAID NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE N35'38'49 "E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1173, PAGE 789 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28 "E FOR 170.02 FEET; THENCE S3639'04"W FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E. TO THE POINT OF BEGINMNG OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,550 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LSO 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .n... a 2017 1x,07 Pa *WVM0WX?.0&W W4F t CMT bft, —U . k-- .W + .M1 onsl NMMW YS t rar \►n >- sLna�a,lel. r,I orv►�w. \x'F -s w. af�sm_++ar¢e,v PROJECT: U.S.41/C.R.951/S.R.951 nce SKETCH AND LEGAL DESCRIPTION digs lava tMgpwg PARCEL 112FEE: RIGHT —OF —WAY 6610WFwPMk DAw.9m1.200 PREPIRSD FOR: COLLIER COUNTY G0MN*W /BOARD OF COUNTY COVII(MONERS Phw ;r Err-0M FFAX(M667 -0576 IB NO.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 515 26E 1" — 60' 6 /8/12 R.A.K. SKD_712FEE 1 OF 1 ... — Packet Page -221- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule 11, Schedule III and Schedule IV (collectively, "Parcel 113FEE, 113TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -222- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 113FEE, 113TCE'� for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 113FEE, 113TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 113FEE, 113TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 113FEE, 113TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 113FEE, 113TCE, which appraisal also includes a Packet Page -223- 10/9/2012 Item 11.13. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 113FEE, 113TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of Fifteen Thousand and 00 /100 Dollars ($15,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 113FEE, 113TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 113FEE, 113TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. Packet Page -224- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective imtnediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal s icienc Jeffrey L. Hit s Outside Em tent Domain Counsel On behalf Jeffrey A. Klatzkow Collier C nnty .Attorney day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE.. CHAIRMAN -Pace 4- Packet Page -225- w 10/9/2012 Item 11.13. 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. 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 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 II. 2. Schedule II describes and depicts a fee simple acquisition from Owners) 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 II. Schedule I - Page 1 of 1 Packet Page -226- 10/9/2012 Item 11.13. N R ;SC (EDULE UNPLATTED 0 SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 GRAPHIC SCALE FOLIO NO. 00726640003 1" 60. h 2 ti �w��• LELY RESORT PHASE 1, P8 16, PG 87 N35'39'04'E pQ� 15.00' 0p 554'20'28E TRACT 16 79.85, SUNTRUST BANK OR 4384, PG 446 N54'20.28"W FOLIO NO. 55425004005 113FEEJ 15.00' 1,198 SF POB j S.W. CORNER J C/S OF TRACT 16 r LJQSTNC RW r � 'W LEGEND RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PB PLAT BOOK PG . PAGE POO POINT OF BEGINNING N0. NUMBER SR STATE ROAD FEE SIMPLE AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 113FEE INTEREST 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 SOUTHWEST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE N54'20'28"W FOR 79.85 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE N3539'04 "E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E. FREEDOM SQUARE. AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28 "E FOR 79.85 FEET. THENCE S35'39'04'W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 ilia /= MICHAEL A. WARD PROFESSIONAL. LAND SURVEYOR LSD! 5301 DAV SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. � x "M irsl M mVro91o4wD6v9D.DD US41 • CMJ hi—ft, rse."."..s wr Owl &W%P= A—Nn , -s Nskopn , D-.64 %Xr-w Rr w%sw -Baud.. PROJECT: U.5.41/C.R.951/ IP'nO 1 V ` Ir TAW SKETCH AND LEGAL DESCRIPTION ic�'xs�f It PARCEL 113FEE: RIGHT -OF -WAY 6610 WMIDw P.D D,M. 501. 200 N.-" Fimdft 94109 PREPARED FOR: COLLIER COUNTY GOTERNMT /BDARD OF COUNTY COMMISSIONERS PI,' MW 507-05" FAX (M 597-06711 LO N9.: 9962 JOB NUMBER I REVISION SECTION TOWNSHIP I RANGE I SCALE I DATE I DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" - 60' 6/8/12 R.A.K. SKD- 113FEE 1 of 1 Packet Page -227- 10/9/2012 Item 11.13. 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. 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 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. 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 Schedule III - Page 1 of 2 Packet Page -228- 10/9/2012 Item 11. B. 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 Packet Page -229- N 9 D Lry6pN Gy1 R E ,n 4� F� Z , o4 /p,1O i S F° J FPy o 20 40 °Ord sg�y,9ppopp' GMIC SCALE 1.. ID, N35'39'32 "E 10.00' S54'2018 "E \ 7.83'1 10/9/2012 Item 11.13. SCHEDU IV peF Pag 1 of 1 � A' �� i AC_V ss F tip 9� O 070% N35'39'04"E ' ?p, 15.00' POC e POB s°O 113TCE 650 SF S35'31 N54'20'28"W 10.00' 65.00' rA"NG RW i✓ c 4p y�C J LEGAL DESCRIPTION - PARCEL 113TCE tipssg sr ?sops °Os LEGEND RW RIGHT —OF —WAY OR OFFICUL RECORDS BODK PS PLAT BOOK PC a PAGE POB .. POINT OF B£GINNRJG POC POINT OF COMMENCEMENT NO. NUMBER SR STATE ROAD AKA "P 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 SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'39'04'E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28'E FOR 7.83 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N3539'32'E FOR 10.00 FEET; THENCE S54'20'28'E FOR 65.00 FEET; THENCE S35'39'32W FOR 10.00 FEET. THENCE N54'20'28"W FOR 65.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW TEMPORARY JUN 15 2012 CONSTRUCTION EASEMENT DURATION 3 YEARS. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATC SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A b }O,S 116E P" *11001 \0"0"01.0400 W.1 t eml � bnp� M ew, W-R \MX PW" \T i- ,9swylANeh M pwl/tla" \11Z -RM Rw VASM.IN Md" PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT 0610WOMP"KORo/,s,1r100 PREPARED FOR COLAER COUNTY GOVERNMENT /BOARD OF COUNTY COMMONERS N* ".p4d "34109 Ph- :Iy901®97 -CM FAX: (2M 507-OM JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE { SCALE . DATE I DRAWN BY I FILE NAME SHEET ' 090081.00.00 2 3 51S 26E ` 1" - 40 6/8/12 RA.K. SKD_113TCE 1 of 1 Packet Page - 230 -_. 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 114FEE'l attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -231- 10/9/2012 Item 11.B. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 114FEE'� for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel I I4FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel I I4FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 114FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 114FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -232- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 114FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Fifty -Six Thousand Two Hundred Forty-Five and 00 /100 Dollars ($56,245.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 114FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 114FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. T.. _ I Packet Page -233- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: d Jeffijty L. llin Outside Emii nt Domain Counsel On behalf W.Teffrey A. Klatzkow Collier County Attorney By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -234- 10/9/2012 Item 11.B. 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 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 II. Schedule I - Page 1 of 1 Packet Page -235- 10/9/2012 Item 11.B. N � � A-11- r R �ohro ar y SCH LE I I y °��A',8 Page 1 1 0 30 60 S t�Y�ry�Y 3tiQCOrytT LELY RESORT PHASE 1. PB 16, PG 87 GRApfl� �+ M Mho' 1" ` 6O' OHO TRACT 16 of � Jay SUNTRUST BANK OR 4384, PG 446 a QO FOLIO NO. 55425004005 �ryry N35'39'04'E 114FEE 4��0 —3.100 SF S r A. 1Q 535'42'25"W 15.50' POB '�0.4 . 1!11 tl 00'D� '� 4 �\�e 02 c oo� LEGEND RW RIGHT -OF -WAY OR OFtICW RECORDS BOOK PB •• PLAT BOOK PG PAGE POS POINT OF BEGINNING NO. NUMBER SR STATE ROAD FEE SIMPLE AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 114FEE INTEREST 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 SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE N54720'28 W FOR 199.96 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41, N35'39'04'E FOR 15.50 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 16; THENCE LEAVING SAID WESTERLY BOUNDARY, S54- 20.28 -E FOR 199.98 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S3542'25"W FOR 15.50 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. A. WARD PROFESSIONAL LAND SURVEYOR LSAT 5301 TECM - ROW .TUN 15 2012 /Z SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — a 1012 rw w M\1omop p0I.0000 U341 a mB01 W.0 fi. U,f.n....w U m f wN= . Nw 3u.wYls..kn 4ns ft- wbn. \r" -w I v21w-luRE" 114FEE I 1 OF 1 Packet Page - 236- _--- ..-.....-- -, - - -- PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION YanitiNOm PARCEL 114FEE: RIGHT -OF -WAY 8610WIow Pak Ddn,8mwx00 PREPARED FOB: COLLIER COUNTY GOVEIMMT /HOARD OF COUNTY C011MMONERS Naples. FWWG 04100 Phm: 123M 597 -CM FAX: (M 697.0676 LB N.- 6951 114FEE I 1 OF 1 Packet Page - 236- _--- ..-.....-- -, - - -- 10/9/2012 Item 11.B. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel I I5FEE") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -237- 10/9/2012 Item 11.B. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 115FEE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 115FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 115FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 115FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 115FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -238- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 115FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Million Nine Hundred Fifty Thousand and 00 /100 Dollars ($1,950,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel I I5FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 115FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. T_- I Packet Page -239- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective innnediately. This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to fornt and legs •ufficiend: d1 errey L. nds Outside n inent Domain Counsel On beha of Jeffrey A. Klatzkow Collier .ounty Attorney day of 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN -Pa <ue 4- Packet Page -240- 10/9/2012 Item 11.13. 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 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 Packet Page -241- N W H S 0 50 100 GRAPHIC SCALB 1" - 100' LELY RESORT PHASE 1, PB 16, PG 87 TRACT 16 SUNTRUST BANK . OR 4384, PG 446 FOLIO N0. 55425004005 S.E. CORNOER OF TRACT 16 115FEE \ 64,261 SF "' " UNPLAITED MAR INVESTMENTS, LLC (PARCEL 2) ,I (PARCEL 1) OR 4117, `SR• OR 4117, PG 1702 PG 1702 ��? FOLIO N0. 9 3452DOO 63 41171 10/9/2012 Item 11.13. COMMERCIAL PROPERTIES SW, INC. OR 3695, PG 411 FOLIO NO. 34520001908 LEGAL DESCRIPTION — PARCEL 115FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 MORE PARTICULARLY DESCRIBED AS FOLLOWS: t SCHEDULE Page 1 O 1 BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N3642'25 "E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S54'32'56 E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE S35'41'39"W FOR 237.74 FEET: THENCE S76'20'06"W FOR 43.41 FEET; THENCE N54'20'28"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 64.261 SQUARE FEET OR 1.45 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 LAI 3 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 Wt SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. �" 6 tort 1p M fr:N70WN0s00s1.0400 L641 A C0U1 eknw"W, bP,mww,tr A� CM1 N0r110R VI„r1PIT i - swM 4N Gs,�ibvl7er -11s x.. m1sMLresriiii.y PROJECT: U.S.41 /C.R.951/S.R.951 �rimma SKETCH AND LEGAL DESCRIPTION R� *r PARCEL 115F'EE: RIGHT —OF —RAY 6810 W km Pork p,M, 8,Me 20 Hops. FWA9 04100 PREPARED FOR: COLLIER CDUNtY GOVERNIIEN'f /BOARD OF COUNTY CDIDASSTONEIGS r+naro:tz+�sy�.oy�s FAx:lz+s)ss�.as>'e LB No.: OM50 JOB NUMBER I REVISION I SECTION 1 70WNSHIP RANGE I SCALE DATE I DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 26E 1" a 100' 3/13/12 R.A.K. SKD- 115FEE 1 OF 1 Packet Page -242- ._._. RW RK:IHIT —OF —WAY OR OFFICL& RECORDS BOOK PS PLAT BOOK PG PAGE UE UTIUTY EASEMENT LBE LANDSCAPE BUFFER EASEMENT C.R. COUNTY ROAD POO POINT OF BEGINNING N0. NUMBER SR a STATE ROAD AKA ALSO KNOWN AS FEE SIMPLE INTEREST SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N3642'25 "E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S54'32'56 E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE S35'41'39"W FOR 237.74 FEET: THENCE S76'20'06"W FOR 43.41 FEET; THENCE N54'20'28"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 64.261 SQUARE FEET OR 1.45 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 LAI 3 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 Wt SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. �" 6 tort 1p M fr:N70WN0s00s1.0400 L641 A C0U1 eknw"W, bP,mww,tr A� CM1 N0r110R VI„r1PIT i - swM 4N Gs,�ibvl7er -11s x.. m1sMLresriiii.y PROJECT: U.S.41 /C.R.951/S.R.951 �rimma SKETCH AND LEGAL DESCRIPTION R� *r PARCEL 115F'EE: RIGHT —OF —RAY 6810 W km Pork p,M, 8,Me 20 Hops. FWA9 04100 PREPARED FOR: COLLIER CDUNtY GOVERNIIEN'f /BOARD OF COUNTY CDIDASSTONEIGS r+naro:tz+�sy�.oy�s FAx:lz+s)ss�.as>'e LB No.: OM50 JOB NUMBER I REVISION I SECTION 1 70WNSHIP RANGE I SCALE DATE I DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 26E 1" a 100' 3/13/12 R.A.K. SKD- 115FEE 1 OF 1 Packet Page -242- ._._. 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule 1, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -243- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 which parcel is sought to be acquired by the Packet Page -244- 10/9/2012 Item 11.B. County. Likewise, the County Manager or his designee is hereby authorized and directed to obtain an appraisal of Parcel 116FEE, I I6TCE1, 116TCE2, 116TCE3, which appraisal also shall include a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition. The Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel I16FEE, I I6TCE1, 116TCE2, 116TCE3, and to provide the fee owner(s) a written offer binding on the County in an amount based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. -Page 3- Packet Page -245- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: — FRED W. COYLE, CHAIRMAN to fonn and leeal sdflicien }! ` ho Outside Emineip Domain Counsel On behalf of Jffrey A. Klatzkow Collier County Attorney -Page 4- Packet Page -246- 10/9/2012 Item 11.13. Schedule I (Fee Simple Acquisition less Limited Drainage Easement to Owner(s)) 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 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 H. 3. Notwithstanding anything contained herein to the contrary, Owner(s) shall retain a perpetual easement coextensive with the existing stormwater management system (including the stormwater collection, treatment and conveyance ditch located between the driveway / parking lot and Collier Boulevard, as well as the existing ditch -bottom inlet) for the purpose of collecting, conveying, and treating stormwater, which system may remain in place as long as Owner(s) and Owner(s)' heirs, successors and assigns desire. The County shall maintain in perpetuity, as long as such system continues to exist, that portion of the aforementioned stormwater management system and ditch bottom inlet located in the area to be acquired by the County depicted on Schedule II. Furthermore, County grants Owner(s) a perpetual easement to access to the ditch - bottom inlet for the purpose of cleaning -out and /or otherwise maintaining the underground pipe that discharges from the ditch -bottom inlet without the need to secure permission or a Right -of -way Permit from County. Schedule I - Page 1 of 1 Packet Page -247- N w E S 0 30 W T3MAPAIC SCALE 1" a 60 Cp �, CG'/ lli�l M 11E 9,387 N24'31' 18"W 10/9/2012 Item 11.B. S5,V20'08"E SCHEDULE II 28.49' UNPLATTED Page 1 of 1 ABC LIQUORS, INC POB OR 4259. PG 4111 FOLIO NO. 00724640005 L -8.22' R- 926.00' ,AQ0'30'31" CB- S23'37'44'W C =8.22' LS3651'44 -W 49.69' L= 90.66' R =938.00' 6 =5'32'16" CB =S 7 T 38'28 "W C- 90.62' UNPLATTED RTG, LLC OR 4705, PG 753 FOLIO NO. 00726725009 54.18' N54'21'00"W 33.57' LEGEND (js RW RIGHT -OF -WAY P r hip / Tyl�,9 ix1577NG OR = OFFICIAL RECORDS BOOK PS PLAT PG . PAGE BOOK � OF NOB a NUMBER �BEGINNING PO C.R.. COUNTY ROAD jt J J FE StMPI SR STATE ROAD AKA • ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 115FEE INTEREST 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 NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. ALSO BEING A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF COUNTY ROAD 951; THENCE 554'20'08 "E FOR 28.49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID NORTHERLY BOUNDARY, S35'42'19"W FOR 67.54 FEET, TO A POINT OF CURVATURE; THENCE 8.22 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 926.00 FEET, A CENTRAL ANGLE OF (T30'31 A CHORD BEARING OF S23'37'44W AND A CHORD LENGTH OF 8.22 FEET,. TO A POINT OF TANGENCY; THENCE S35'51'44W FOR 49.69 FEET, TO A POINT OF CURVATURE; THENCE 90.66 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 938.00 FEET, A CENTRAL ANGLE OF 532'16 ", A CHORD BEARING OF S1738'28"W AND A CHORD LENGTH OF 90.62 FEET, TO A POINT OF TANGENCY; THENCE S06'37'50 "E FOR 54.18 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE ALONG THE SOUTHERLY AND WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE N5,V21'00'W FOR 33.57 FEET; 2) THENCE N24'31`18"W FOR 70.37 FEET; 3) THENCE N35-42'05"E FOR 216.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 9,387 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. nCM - ROW kL d z AUG 13 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. !W 24. 2012 10:11 w ►:\2wvW wwl.0&w 1641 a cmt MMn,40,,, MMAwi,wnb — cm, 1111MM[.M�..l- AMIIASYN_MI Yrfr�Owr�iCf -IM IbY GT19f4�1!/g�vy PROJECT: U.S.41 /C.R.951/S.R.951 T SKETCH AND LEGAL DESCRIPTION PARCEL 116FEE: RIGHT -OF -WAY WI0WAow Pak Dlbe.b1b2W PREPARED FOR: COUJBB COUNTY GOYRRNYENT/BOARD OF COUNTY CO)fi=[ONl= PhxI (Map -om FA34109 239)07.05" LB 2:ow JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE SCALE I DATE DRAWN BY I FILE NAME SHEET 51S I 26E I 1" = Packet Page -248- OF 10/9/2012 Item 11.13. 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. 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 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. 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 Schedule III - Page 1 of 2 Packet Page -249- 10/9/2012 Item 11.13. 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 Packet Page -250- N * E S 0 30 60 GRAPHIC SCALE 1• . Go. , EXISTING N35'51' '(F 31 `T 1161 2,068 L- 90.66' R- 938.00' A =5'32'16'— CB- N17'38'28 "E C =90.62' 1 N06'37'50 -W_ 54.1 B' N54'21 '00"W 18.49' 10/9/2012 Item 11.13. UNPLATTED POC ABC LIQUORS. INC OR 4259. PG 4111 FOLIO NO. 00724640005 SCHEDULE IV Page 1 of 3 S54'21'01 "E 30.16' S54'21'01 "E 1 B.DO' 1 yh L= 48.71' R =46.54' A-59'57'46' 11--,—CB— S05'52'51 "W C- 46.51' "E �S24'06'02 14.81' UNPLATTED RTG, LLC S35!39'1 1'W OR 4705, PG 753 X19,17' FOLK) NO. 00726725009 19.23' TECM - ROW Lt, 16.28' S35'39'1 V 5.00' TEMPORARY CONSTRUCTION EASEMENT OIKiAT10N= YEARS. LEGEND JUN 15 2012 .W RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PH a PLAT BOOK PG PACE POD = POINT OF BEGINNING POC - POINT OF COMMENCEMENT N0, r NUMBER C.R. COUNTY ROAD SR STATE ROAD \AKA = ALSO KNOWN AS L a LENGTH R = RADIUS C — DELTA CB = CHORD BEARING C = CHORD LEGAL DESCRIPTION — PARCEL 116TCE1 N A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED W OFFK3AL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT —OF —WAY LINE OF C.R. 951; THENCE S35'42'19"W FOR 86.43 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID WESTERLY BOUNDARY S54'21'01'E FOR 30.16 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE S54'21'01'E FOR 18.00 FEET; THENCE S3Y51'44 W FOR 78.88 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 48.71 FEET ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 46.54 FEET, THROUGH A CENTRAL ANGLE OF 59'57'46', AND WHOSE LONG CHORD BEARS S05'52'51'W FOR A DISTANCE OF 46.51 FEET. THENCE S24'06'02"E FOR 14.61 FEET; THENCE 535'39'1 VW FOR 19.17 FEET; THENCE S06'37'50'E FOR 19.23 FEET; THENCE S54 20'49'T FOR 16.28 FEET; THENCE S35'39' 11'W FOR 5.00 FEET;; THENCE N54'21'00'W FOR 18.49 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE N06'37'50'W FOR 54.16 FEET TO THE BEGINNING OF A NON — TANGENTIAL CURVE; THENCE 90.66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 938.00 FEET, THROUGH A CENTRAL ANGLE OF 05'32'16 ", AND WHOSE LONG CHORD BEARS N1T3B'28'E FOR A DISTANCE OF 9D.62 FEET; THENCE N35!51'44 "E FOR 38.85 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.068 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRK:TIONS OF RECORD. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 1a• a 2uT2 1:13 PY N.\iC0/ \d7ENT.0QOD Ml f C"sl I.A..selm M.ewws"eb"MOSI IEM %ow Ibu \M r- tuwy\SbIG. A.f D—*" %nT-w Rw Ot \Slfa_rIQlL4�.N/ Q2C PROTECT: U.S.41/C.A.951/S.B.951 AmrrK SKETCH AND LEGAL DESCRIPTION 9eammTi6 PARCEL 116TCEI: TEMPORARY CONSTRUCTION EASEMENT R ee1oW11�wr.►Dd.s.s..ft2oo =t PREPARED FOR: COLLIER COUNTY COVERMENT /BOARD OF COUNTY COMMISSIONERS PMow (239 w7- ` Daps FAX (239) MY-W78 Ul N..: aM JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 515 26E 1" s 60' 3 13 12 R.A.K. SKD_116TCE1 1 OF 1 Packet Page - 251- _..._._. 10/9/2012 Item 11.13. N / � 6 S / SCHED IV 0 20 40 � Page 2 0 GRAPHIC SCALE / 1. " 40, EXLSTING RW PROJECT: U.S.41 /C.R.951 /S.R.951�T��p»< / ` POB POC S54': 1.61' S54'20'OB "E 26.49' LB N..; 69M N35'42' 19 "£ REVISION 67.54' I TOWNSHIP / S35'37'D9"W DATE 75.56' L =8.22' SHEET R =926.00' 116TCE2 A=D'30'31" 'E 119 SF CB =N23'37'44 1" = 40' C =8.22' R.A.K. /� LEGAL DESCRIPTION - UNPLATTED RTG, LLC OR 4705, PG 753 FOLIO NO. 00726725009 PARCEL 116TCE2 UNPLATTED ABC LIOUORS, INC OR 4259, PG 4111 FOLIO NO. 00724640005 TEINMRY LION EASEMENT YEARS. LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PS PLAT BOOK PG PACE POB - POINT OF BEGINNING POC POINT OF COMMENCEMENT N0. - NUMBER C.R. s COUNTY 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 NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT —OF —WAY LINE OF C.R. 951; THENCE S54'20'08 "E FOR 28.49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID NORTHERLY BOUNDARY S54'20'08 "E FOR 1.61 FEET: THENCE LEAVING SAID NORTHERLY BOUNDARY S35'37'09 "W FOR 75.58 FEET TO THE BEGINNING OF A NON— TANGENTIAL CURVE; THENCE 8.22 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 926.00 FEET, THROUGH A CENTRAL ANGLE OF 0'30'31 ", AND WHOSE LONG CHORD BEARS N23'37 "44 "E FOR A DISTANCE OF 8.22 FEET; THENCE N35'42'19 "E FOR 67.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 119 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW AUG 13 2017 MI HAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 14 2MZ I" AW w\cWe \0PMf .W us., ♦ CM1 `b —cv.,, +w� " CM, W \w. Pw\P. , -s "Amw.n ~ unebftw\rM-AW A.. 03\50- "oMma.. PROJECT: U.S.41 /C.R.951 /S.R.951�T��p»< SKETCH AND LEGAL DESCRIPTION PARCEL 116TCE2: TEMPORARY CONSTRUCTION EASEMENT 6619YAI.w Prk D&.,BW.199 PREPARED FOR: CMIJRR COUNTY GOVERNMENT /BOARD DF COUNTY CDIOI=DNSRS N.0". N.Atls mo9 Phrn '. (ZW 5974M FAX: ( W 597-OSM LB N..; 69M JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET 09DOB1.00.00 3 3 515 26E 1" = 40' 8/1 12 R.A.K. I SKD_116TCE2 1 OF 1 Packet Page - 252 -___.. 10/9/2012 Item 11.13. IV If 3 OR OFFICIAL RECORDS BOOK P8 PLAT BOOK PG PAGE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT NO. NUMBER SR STATE ROAD AKA . ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 116TCE3 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 SOUTHWEST CORNER OF - PARCEL 4" (LYING ON THE NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41) AS RECORDED IN OFFICIAL RECORDS BOOK 4380. PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE N54'21'00 "W FOR 70.32 FEET ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY LINE N35'38'35 "E FOR 45.00 FEET; THENCE S54'21'00 "E FOR 70.32 FEET; THENCE S35'38'35 "W FOR 45.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID 'PARCEL 4'. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3.164 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TEEM - ROW CONSTRUCTION EASEMENT JUN 15 2012 OURATION 3 YEARS. b4tz -&-h 3 Z MldkA.EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 IdAlt SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE Sc 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 v helm SKETCH AND LEGAL DESCRIPTION �yy PARCEL 116TCE3r TEMPORARY CONSTRUCTION EASEMENT SSi9weo.P ome,sun.mo PREPARED FOR: COUM COUNTY GOPSRNKENT/BOARD OF COUNTY COMSSIONM Phone: IS39)� MR) 597-0578 LB No.: Sass JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN 8Y FILE NAME SHEET 090081 00.00 1 3 51S 26E 1° = 40' 1 3/13/12 RA.K. SKD- 116TCE3 I 1 OF 1 Page - 253 - ___ _ 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel I I7FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -254- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 117FEE') for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel I I7FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 117FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel I I7FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 117FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -255- 10/9/2012 Item 11.B. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 117FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Eighteen Thousand and 00 /100 Dollars ($18,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 117FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 117FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page -256- This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK as to onn and lcncy. d Jeffrey L. Hinds Outside Eminent Domain Counsel On behalf obeffrey A. Klatzkow Collier Co4tty Attorney day of 10/9/2012 Item 11. B. 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE. CHAIRMAN -Page 4- Packet Page -257- 10/9/2012 Item 11.13. 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 11. 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 Packet Page -258- UNPLATTED RTG, LLC OR 4705, PG 753 FOLIO NO. 00726725009 117 2.215 UNPLATTED SOUTHERN DEVELOPMENT CORPORATION. INC. (PARCEL 4) OR 4380, PG 3511 FOLIO NO. 00725960001 10/9/2012 Item 11.13. Sc UNPUITTEO SOUTHERN DEVELOPMENT CORPORATION, INC. (PARCEL 3) OR 4380, PG 3511 FOLIO NO. 00726040001 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 SOUTHEAST CORNER OF "PARCEL 4 ", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE N5lr21'25'W FOR 221.48 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41: THENCE N35'38'35'E FOR 10.DO FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 4; THENCE LEAVING SAID WESTERLY BOUNDARY S5421'25"E FOR 221.44 FEET; THENCE S35'25'52W FOR 10.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 4, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,215 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG 15 2012 bmu---- dpjit-- MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT 5 NED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k 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.961 n SKETCH AND LEGAL DESCRIPTIONS PARCEL 117FIE: RIGHT -OF -RAY xstxWNext7a�oAw. aro xax PILBPAW POIE COIJ]8R COUNTY G09B[1W1@1T /BOARD OF COUNTY COIIYL44[ON$RS Pesrr W4 FIN 34101 U! N.: wax JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE GATE DRAWN IN FILE NAME SHEET 090081.00.00 2 3 515 26E 1' - 60' 7 23 12 R.A.K. SKD_117FEE 1 OF 1 Packet Page -259- 10 v POB �J � IX151iNG LEGEND RW _ RK.i1T -OF —WAY P FEE SIMPI,.E OR a OMCIAL. RECORDS BOOK PO _ PLAT BOOK INTEREST nG PC _PAGE PDB _ POINT OF BEGINNING NO. _ NUMBER SR _ STATE ROAD AKA a ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 117FEE 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 SOUTHEAST CORNER OF "PARCEL 4 ", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE N5lr21'25'W FOR 221.48 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41: THENCE N35'38'35'E FOR 10.DO FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 4; THENCE LEAVING SAID WESTERLY BOUNDARY S5421'25"E FOR 221.44 FEET; THENCE S35'25'52W FOR 10.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 4, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,215 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG 15 2012 bmu---- dpjit-- MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT 5 NED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k 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.961 n SKETCH AND LEGAL DESCRIPTIONS PARCEL 117FIE: RIGHT -OF -RAY xstxWNext7a�oAw. aro xax PILBPAW POIE COIJ]8R COUNTY G09B[1W1@1T /BOARD OF COUNTY COIIYL44[ON$RS Pesrr W4 FIN 34101 U! N.: wax JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE GATE DRAWN IN FILE NAME SHEET 090081.00.00 2 3 515 26E 1' - 60' 7 23 12 R.A.K. SKD_117FEE 1 OF 1 Packet Page -259- 10 v 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel I I8FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -260- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 118FEE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 118FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 118FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 118FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 118FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -261- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 118FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Twelve Thousand and 00 /100 Dollars ($12,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel I I8FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel I I8FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. D--- 4. Packet Page -262- This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK legal x°f�enc� � t n-. Jeffrey L. Hinds Outside Emine Domain Counsel On behalf of J ffrey A. Klatrkow Collier County Attorney 10/9/2012 Item 11.13. day of . 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: FRED W. COYLE, CHAIRMAN -laze 4- Packet Page -263- 10/9/2012 Item 11.13. 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 II. Schedule I - Page 1 of 1 Packet Page -264- N x E 0 40 6o UNPLATTED GRAPHIC 9 R SOUTHERN 1• . �. DEVELOPMENT / CORPORATION, INC, (PARCEL 4) OR 4380, PC 3511 FOLIO NO. 00725960001 EKISTING 1 1,516 i 10/9/2012 Item 11.13. SCHEDULEII Page 1 of 1 10.00'/ UNPLATTED SOUTHERN DEVELOPMENT CORPORATION, INC. S (PARCEL 3) OR 4380, PC 3511 FOLIO NO. 00726040001 S35'39'55'W 10.00' GS FEE SNPLE INTEwq -r LEGAL DESCRIPTION — PARCEL 11 BFEE LEGEND RW RIGHT—OF—WAY OR OFFICIAL RECORDS BOOK P8 PLAT BOOK PC PADE P08 POINT OF BEGINNING NO NUMBER SR 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: BEGINNING AT THE SOUTHWEST CORNER OF "PARCEL 3", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N3525'52E FOR 10.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID 'PARCEL 3"; THENCE LEAVING SAID WESTERLY BOUNDARY S54'21'25 "E FOR 151.83 FEET; THENCE S35'39'55 "W FOR 10.00 FEET; THENCE N54'21'25"W FOR 151.79 FEET ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. 41, TO THE POW OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,518 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW bh� AUG 16 2012 g 6 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA'PE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. i PROJECT: U.S.41 /C.R.951/S.R.961 1► / /� S$ETCU AND LEGAL DESCRIPTION i 2.0. PARCEL 118FEE: RIGRT- OF -WAY allvvAbw PrAoolm sum wo PRIPARSD FOR: COLLIER COUNTY G0VMWM ITP/BOARO OF COUNTY C018t{ ONFM 01 - Ft.,rlWl WFAX. C"59M M j tH Nw:Oibt J08 NUMBER SOON SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 Sts 26E t' - 80' 3 13/12 R.A.K. SKO- 118FEE i OF Packet Page -265- 10/9/2012 Item 11.B. RESOLUTION NO. 2012 A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -266- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel I I9FEE, I I9TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 119FEE, 119TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 119FEE, 119TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 119FEE, 119TCE, which appraisal also includes a Packet Page -267- 10/9/2012 Item 11.13. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 119FEE, 119TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Fifteen Thousand Two Hundred Fifteen and 00 /100 Dollars ($115,215.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 119FEE, 119TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 119FEE, 119TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. Packet Page -268- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT 1S FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA By: Approved as to form and lega ciencv' Jeffrey L. Hi s Outside Eir�tnent Domain Counsel On behalf pf Jeffrey A. Klatzkow Collier County Attorney FRED W. COYLE, CHAIRMAN -Pk,-,e 4- Packet Page -269- Aw 10/9/2012 Item 11.B. 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 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 B. Schedule I - Page 1 of 1 Packet Page -270- 10/9/2012 Item 11.13. " SIC LE II 'FILE T B S 0 30 BO GM scu 1. ro' 55417'41 `E_ UNPLATTED EAST STORESMART NAPLES, LLC (PARCEL A) OR 4741, PG 1535 FOLIO NO. 00724560004 1T5 4,241 POB UNPLATTED \ ABC LIQUORS, INC EKIMN6 RW '`N54'20'06"W OR 4259, PO 4111 1 48,49' FOLIO NO. 00724640005 V' `A UNPLATTED RTG, LLC LEGEND / OR 47. 0 2 753 OR - RIGHT—OF—WAY FOLIO N0. 00726725009 OR - OLATCW RECORDS BOOK PB -PLAT 8001( PC . PAGE POD Q POINT OF BEGINNING \ NO. FEE SIMPLE - Nun C.R. O - c01RatY RM LEGAL DESCRIPTION — PARCEL 119FEE INTEREST 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: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT —OF —WAY LINE OF C.R. 951; THENCE N3642'05 "E FOR 148.83 FEET ALONG THE EASTERLY RIGHT —OF —WAY OF C.R. 951; THENCE SS417'41"E FOR 28.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, 535.42 -19-W FOR 146.51 FEET, TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111; THENCE N5420'OB'W FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PACE 4111, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4,241 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW f � � AUG 15 2012 � Lis MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE tIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PR07ECT: U.S.41/C.R.951/8.R.951 SKETCH AND LEGAL DESCRIPTION PARCEL 119FEE: RIGHT —OF —WAY sale wo—P ko,ln,awl. no PRER11M FOR COLLUX COUNTY GOTSSNNBNL/60Ail0 Of COUNTY COIINT=Nw P.:OonosRis�Aixi Packet Page -271- 10/9/2012 Item 11.13. 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: 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. 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 Schedule 111 - Page 1 of 2 Packet Page -272- 10/9/2012 Item 11.13. 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 Packet Page -273- i POC /.9 VOQv GS54'17'41"E r 16.60' � FxanNC Rw� / 1 1.911 N54'20'08'W 1 L- 2 1,61' rot'w 85.87' UNPLATTED ABC LIQUORS, INC OR 4259, PG 4111 FOLIO NO. 00724640005 N54'21'01 "w 10.14' 38'59'1N UNPLATTED RTG, LLC OR 4705, PG 753 FOLIO NO. 00726725006 LEGAL DESCRIPTION - PARCEL 119TCE 10/9/2012 Item 11.13. -IEDULE IV Page 1 of 1 UNPLATTED EAST STORESMART NAPLES, LLC (PARCEL A) OR 4741, PG 1535 FOLIO NO. 00724560004 TEMPORARY CONSTRUCTION EAS DURATION 3 1 LEGEND RW = RIGHT-OF-WAY OR s OFFICIAL RECORDS HOOK P9 = PLAT BDOK PG = PAGE POO = POINT OF BEGMNNG POC POINT OF COMMENCEMENT N0. = NUMBER S. R. = STATE ROAD ACA = 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: COMMENCNB Al THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLUER COUNTY. FLORIDA, ALSO BUNG A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF C.R. 951: THENCE S54'20'D8" E FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, TO THE POINT OF BEGM" OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY N3542'19`E FOR 148.81 FEET, TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111; THENCE S54'17'41 "E FOR 16.6D FEET ALONG SAID NORTHEASTERLY BOUNDARY; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S3538'59 -W FOR 53.62 FEET; THENCE N54'21'01'W FOR 5.00 FEET; THENCE S35'38'59'W FOR 85.67 FEET; THENCE N54'21'01'W FOR 10.14 FEET; THENCE S35'36'S9'W FOR 9.32 FEET. TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111; THENCE NW20'08'W FOR 1.51 FEET, ALONG SAID SOUTHWESTERLY BOUNDARY TD THE POINT OF BECINMING OF THE PARCEL HEREIN DESCRIBED. CONTANING 1,911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDTECM - ROW AUG �Avl/ 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 M-rE IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PROTECT U.S.41 /C.R.951/ DESCRIPTION 1 EM � SSSTCIi AND LEGA1 DHSCRIPTION 8��,�+�, PARCEL 119TCE: TEMPORARY CONSTRUCTION EASEMENT ����� ►��•�� PEE1'ABED TOE; C0ILIRR WLRM GOYBIQB ff /BOARD DT CODN77 C010B8ST011SR5 FM 04 WT-=M g74S71 U) "w"M JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET nnnnnl nn nn d 3 STS 9RF 1" = 40' 8/10/12 RAW K. I SKD_119TCE I 1 OF 1 Packet Page -274- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of - -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 120FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -275- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule lI (collectively, "Parcel 120FEE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 120FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 120FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 120FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 120FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -276- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 120FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Million One Hundred Fourteen Thousand and 00 /100 Dollars ($1,114,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the daze the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 120FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 120FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -277- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of . 2412, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Appro d s to form and leg suff iency: L 1 A C) Jeffrey/ L. Hind Outside Emine t Domain Counsel On behalf of.l ffrev A. Klatzkow Collier County Attorney By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -278- 10/9/2012 Item 11.13. 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 11. 2. Schedule 11 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 Packet Page -279- COMMERCIAL PROPERTIES SW. INC. OR 3695, PG 411 FOLIO NO. 34520001908 vs v- J 10/9/2012 Item 11. B. SCHEDUL I Page of TC PROPERTY VENTURE. LLC OR 4745. PG 2036 FOLIO NO. 34520002004 / FREEDOM SQUARE PB 22, PG 56 L- 308.79' �p R =3026;00' LEGAL DESCRIPTION - PARCEL 120FEE _ - CPv V LEGEND RW RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PS — PLAT BOO( PG PAGE C.R. COUNTY ROAD PDB POINT OF BEGINNING NO. NUMBER L — LENGTH R - RADIUS A . DELTA CB . CHORD BEARING C _ CHORD 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 NORITiWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE 1, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE N35*39'04'E FOR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E. AS SHOWN ON THE PLAT OF FREEDOM SQUARE. RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING TRACT 3E, S54'22'14'E FOR 307.80 FEET; THENCE N3W39'46'E FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 308.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF OS50'49', AND WHOSE LONG CHORD BEARS N39'35'13'E FOR A DISTANCE OF 308.66 FEET; THENCE SSO20'51'E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S3Y41'39'W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE PLAT; THENCE N5,V32'56'W FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4117, PAGE 1702 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE NW42'25'E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16. AS SHOWN ON SAID LELY RESORT, PHASE I PLAT. TO THE NORTHEASTERLY CORNER OF SAID TRACT 16; THENCE NW20'28'W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 127.969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEGM - ROW JUL 0 6 2012 12v/l— MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS# 5301 ATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. And R 2e17 IAi PY R. \YeW \000Qe1.eD.eD V"I f C9971 bWwcWn Mi� AW DWI eRR M P V% 1- Sr+ /kS, Mtl 0.v,Ib.\ICE -RM M O! \SI�ilOfEESq PROJECT: U.S.41 /C.R.951 /S.R.951 IRMA SKETCH AND LEGAL DESCRIPTION PARCEL 120FEE: RIGHT -OF -WAY 6610 WOew Pnk DIN.. 6uke NO PREPARED FOR: COLLER COUNTY GDYERNMW /BOARD OF COUNTY COHYTSSIONERS Phwe:09)5W� Ax ae9159r -OM LB No.: 6962 JOB NUMBER I REVISION 11 SECTION TOWNSHIP RANGE SCALE OATS DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1' - 200' 6/8/12 _R.A.K. SKD- 120FEE 1 OF 1 Packet Page -280- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 121TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -281- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule R (collectively, "Parcel 121TCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 121 TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 121TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 121TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 121TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -282- 10/9/2012 Item 11.13. property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 121TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of Two Hundred and 00 /100 Dollars ($200.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 121TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 121TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page -283- This Resolution, adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK ApproNy4 as to fo n and 77-- Ciency 6 t Jeffrej'• L. Hind`s Outside Eminint Domain Counsel On behalf of Jeffrey A. Klatzkow Collier Cou , y Attorney 10/9/2012 Item 11.B. day of . 2012, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -284- 10/9/2012 Item 11.13. Schedule I (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 II ") 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 II. 2. Schedule II 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 II 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. 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 Schedule I - Page 1 of 2 Packet Page -285- 10/9/2012 Item 11.B. 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 I - Page 2 of 2 Packet Page -286- 10/9/2012 Item 11.B. N SCHEDULE II vJ Page 1 of 1 o�6 0 ..k.�.�ao °, h GRAPH Cb GOQ A, 01�y�°CP 1' 40' ��"�Iy�' 1 G• � J ousnNC Rw� P W POS pR 2SF� N35'42'19 "E S5417'41'E BJ B 13.85' 5.00' °cry 121 TCE '9x4 4ORr 69 SF '1� s35 a2'19'W �s Rc 4o 13.85' 40- ' clFhlsS �' 6SCi' ,t 0j N54'17'41"W 4 G' �2j9�p �O Gd3V 5.00' vp 8S� 49 v C3 o�t h � , h y�tr Gp'vQ^'Y° f \LEGEND °�l1 , -,• RW : RIGHT -OF -WAY �i OR OFFICIAL RECORDS BOOK PB a PLAT BOOK Q QS PG — PAGE POB POINT OF BEGINNING �O POC PONT OF COMMENCEMENT NO. NUMBER C.R. COUNTY ROAD AKA a ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 121TCE 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 INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE RIGHT -OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE S5417'41 "E FOR 5.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID 1DO FOOT WIDE ACCESS EASEMENT; THENCE 535'42'19"W FOR 13.85 FEET; THENCE N54'17'41'W FOR 5.00 FEET; THENCE N3542'1 9'E FOR 13.85 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT -OF -WAY CONVEYANCE. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 69 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW TEMPORARY JUN 15 2012 CONSTRUCTION EASEMENT DURATION 3 YEARS. y MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 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. d a 2012 Ir]. w R \200.\u.W61Aftw 1611 ! cmi k"—fi a �, b n War Mut \fm Pb \q 1- bMM — D_lw . ICE IM Oi \31m r:rMMO PROJE CT: U.S.41 /C.R.951/S.R.951 RNK SKETCH AND LEGAL DESCRIPTION s� PARCEL 121TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 WMa1 Park mw. Suk. 200 PREPARED FOR COMM COUNTY GOVERNKENT /BOARD OF COUMT COMVISSIORM N.q... FWd. x209 Phmo*. IM) 507-0575 FAX: (M)567.0576 LB N.,: 6852 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE 1 DATE DRAWN BY 1 FILE NAME SHEET 090081.00.00 1 I 3 I 51S I 26E I 1" - 40' 3/13/12 R.A.K I SKD- 121TCE I 1 OF 1 Packet Page 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 122TCE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -288- 10/9/2012 Item 11.B. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 122TCE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 122TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 122TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre -suit offers pursuant to section 73.015, Florida Statutes, for Parcel 122TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 122TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -289- 10/9/2012 Item 11.13. property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 122TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Thousand Seven Hundred and 00/100 Dollars ($1,700.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 122TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 122TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -290- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Approv as to form and lega u cie S C) Jeffrey L. Hin Outside Emin-nt Domain Counsel On behalf of effrey A. Klatzkow Collier Count Attorney FRED W. COYLE, CHAIRMAN -pane 4- Packet Page -291- 4 w 10/9/2012 Item 11.13. Schedule I (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. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property ownersfinterest 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 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 II. 2. Schedule II describes and depicts a Temporary Construction Easement ( "TCE ") area as follows: The County shall have the temporary right and privilege to enter upon the lands described in Schedule II 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 ll, and for restoring the temporary construction 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, 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 Schedule I - Page 1 of 2 Packet Page -292- 10/9/2012 Item 11.13. 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 I - Page 2 of 2 Packet Page -293- 10/9/2012 Item 11.13. N SCHEDULE it " e o�p°Q� °� y�Page 1 of 1 S o w ao �� Y �o,� GMI SCALE CPV V' NxlsnNC NtYf 554'17'41 'E 119 5.00' 481 TSF °� J2 POB N54'17'41"W 5.DO' Ac , �x�FSaR 0 401 CS`j� 3W�%' O Do qs G�'O4 °°J''1 Pyl h ' ^yh �Al� LEGEND - RIGHT —OF —WAY OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK y s s POD - POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. — NUMBER C.R. - COUNTY ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 122TCE 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 INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE RIGHT —OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N3542'19 "E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT —OF —WAY CONVEYANCE; THENCE LEAVING SAID EASTERLY BOUNDARY, S54'17'41 "E FOR 5.00 FEET; THENCE S35'42'19"W FOR 96.15 FEET: THENCE N54 "17'41"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 481 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH! - ROW TEMPORARY JUN 15 2012 CONSTRUCTION EASEMENT DURATION 3 YEARS. A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. je A "12 toe M .1\ 009 \V"Wj.M00 M7 A OWI we...ctan AW CR"? R \D= A \n — S/..1\sM1eU we o..enoro - \ra —mr nry W'vw_:u2r. 1vc. PROJECT: U.S.41 /C.R.951/S.R.951 Yr ee SKETCH AND LEGAL DESCRIPTION N0syy PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT 881DWl— P.kD&e.&ft2o9 NO... A- id. 34109 PRITARBD FOR: COLMR COUNIT GOV WWNT /BOARD OF CDUNfY COMMISSIONERS ph_;(239) 597-0576 FAX: M39) 597.0578 Le NO.: em JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE I SCALE I DATE DRAWN BY I FILE NAME SHEET 090081.00.00 1 2 3 51S 26E I 1' = 40' 1 6/8/12 RA.K. I SKD- 122TCE 1 1 OF ji Packet Page -294- 10/9/2012 Item 11.13. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 123FEE ") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -295- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 123FEE ") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 123FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 123FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 123FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 123FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be _D--. 7_ Packet Page -296- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 123FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Four Hundred One Thousand and 00 /100 Dollars ($401,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 123FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 123FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -297- 10/9/2012 Item 11.B. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of , 2012, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to fon and legal s f icieneyf v ffrey L. Hin Outside Eminent Domain Counsel On behalf o Jeffrey A. Klatzkow Collier Co my Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN -Page 4- Packet Page -298- 10/9/2012 Item 11.13. 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 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 Il. Schedule I - Page 1 of 1 Packet Page -299- 10/9/2012 Item 11.13. SCHE LE II P e1 of IT It Ae s GCS D Fi0 IOD 8' 4�0 N0714'33'E S54.21'14`E GOL PRIC ScJDB L- 71.07' 11.58' 035.84' L =3929' " 10D' R- 3347.00' \ R =25.00' 6.1,13.00• 6- 90'02'53" / CB=N4S40' 16"E CB- SO720' 18 "E C- 71.07' C- 35.36' N0723'10'W POs 18.28' S.E CORNER OF TRIANGLE I L- 124.68' BLVD. AT C.R. 33 R- 34.OD' 951 PER P8 A- 708'32" 16 PG 87 CB=N41'46'16 "E SE 011 34. WISP. 306 ROE. 26E C- 124.65' SECTION 3, TWSP, SAS ROE. 26E Z/./ z z ff - -4 FREEDOM SQUARE / \ PS 22, PG Sb ESPROP LLC OR 4787, PG 656 �Vj FOLIO NO. 34520002004 ,� b \ .48' k R =30263026.00' y A-766,13, CB- N4758'43'E C-49.48' \_,123FEE Qq N5c20'51'W 41,768 SF AEGEND / 110.32' /� RW - RIGHT -OF -WAY OR + OFFICIAL RECORDS BOOK PS . PLAT BOOK FREEDOM SQUARE PC + PAGE PC 56 CA .. COUNTY ROAD PB 22 POB + POINT OF BEGINNING NO. - NUMBER COMMERCIAL PROPERTIES SW, INC. - LENGTH EXISTING RW OR 3695, PG 411 /// R - WILIS FOLIO NO. 34520001908 / FEE s:MP. CB DELTA BEARING / !NTERES C - CHORD LEGAL DESCRIPTION - PARCEL 123FEE A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 EAST AND SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE. RECORDED IN PLAT BOOT( 16, PAGES 57 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIW4 THENCE S3541'39'1W FOR 519.87 FELT ALONG THE EASTERLY BOUNDARY OF TRACT 3F, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA; THENCE NSC20'51'W FOR 110.32 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4787, PAGE 656 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE BEGINNING OF A NON - TANGENTIAL CURVE; THENCE 49.48 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF DO'56'13 -, AND WHOSE LONG CHORD BEARS N42'SB'43'E FOR A DISTANCE OF 49.48 FEET; THENCE N43'26'SB'E FOR 280.00 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 124.66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3334.00 FEET, THROUGH A CENTRAL ANGLE OF 02'08'32', AND WHOSE LONG CHORD BEARS N41'46'16'E FOR A DISTANCE OF 124,85 FEET; THENCE NO72TIO'W FOR 18.28 FEET TO THE BEGINNING OF A NON - TANGENTIAL CURVE: THENCE 71.07 FELT ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3347.00 FEET; THROUGH A CENTRAL ANGLE OF 01'13'00', AND WHOSE LONG CHORD BEARS N43'40'TB"E FOR A DISTANCE OF 71.07 FEET: THENCE NO2'14'33 "E FOR 11.58 FEET, TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LEL.Y RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGE 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID TRIANGLE BOULEVARD THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S54'21'14'E FOR 35.84 FEET, TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 39.29 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 9702'53', AND WHOSE LONG CHORD BEARS S09'2WIB'E FOR A DISTANCE OF 35.36 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. C AWING 4 , SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW $I14hz AUG 16 2012 AL LAND SURVEYOR LS# 530 NOT VAUD 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 Yb".024 - SXETCH AND LEGAL DESCRIMON KIM t 16tNth PARCEL 123FEE: RIGITT -OP -WAY s"OWN. "5@-,80.359 PREPARED FO& COUnR COUNTY COYS[OIMIlW/SOARD OF COUNTY C01OUMONEM PMWR>P1RWw�ios" FAX UI N., 695! JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN ETY FILE NAME SHEET 090081.00.00 i 334 lists lee 1' - 100' 3/13/12 RA.K. SKD 123FEE t OF 1 Packet Page -300- 10/9/2012 Item 11.B. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 124FEE") attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Packet Page -301- 10/9/2012 Item 11.13. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 124FEE') for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the at -grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 124FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 124FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 124FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 124FEE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -302- 10/9/2012 Item 11.13. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 124FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Eleven Thousand and 00 /100 Dollars ($111,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 124FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 124FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -303- 10/9/2012 Item 11.13. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Approved as to fonn and legal sufficiency: v l Jeffrey L. nds Outside Emine t Domain Counsel On behalf of effrey A. Klatzkow Collier Cou ty Attorney By: FRED W. COYLE, CHAIRMAN _page 4- Packet Page -304- 10/9/2012 Item 11.13. 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 If. 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 II. Schedule I - Page 1 of 1 Packet Page -305- 1:1 r. .. F oA �0 L��\ CELESTE DRIVE REPLAT PB 22, PG 9 TRACT 1R BEAUMARIS, LLC OR 4274, PG 2014 FOLIO NO. 25910000502 124FEE 10,220 SF L- 281.73' R= 2953.00' A— S'27'58'--�,, CB- N38'28'37'E C- 281.62' ae.•.., •n1 ••W LEGAL DESCRIPTION — PARCEL 124FEE 10/9/2012 Item 11.13. SCHEDULE II Page 1 of 1 N86'57'01 N50`1 4' 1 '- E%ISTBC RW ry°' 4v 05 POB TECM - ROW BLVD. AT C.R. 951RPER a JUN 1 5 2012 16 PG 87 L= 39.25' UE UTILITY EASEMENT R- 25.00' LEGEND A- 89'57'21" RW RIGHT -OF -WAY CB-S80'40'1 9'W OR OFFICIAL RECORDS BOOK 0=35.34' PB PLAT BOOK PG PAGE A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE. RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'57'21', AND WHOSE LONG CHORD BEARS SBO'40'19'W FOR A DISTANCE OF 35.34 FEET; 2) THENCE N54'21'01'W FOR 17.05 FEET TO THE BEGINNING OF A NON — TANGENTIAL CURVE: THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953.00 FEET, THROUGH A CENTRAL ANGLE OF 05'27'58 ". AND WHOSE LONG CHORD BEARS N38'28'37'E FOR A DISTANCE OF 261.62 FEET; THENCE N5Cr 14' 16'E FOR 43.39 FEET; THENCE NB6'57'01'E FOR 22.39 FEET. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1R, CELESTE DRIVE REPLAT, AS RECORDED IN PLAT BOOK 22. PAGE 9 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. ALSO KNOWN AS THE WESTERLY RIGHT —OF —WAY LINE OF COUNTY ROAD 951; THENCE S35'41'39'W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1D.220 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. to MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — e. W12 = - M UDW\OMOL ,W= MI t M51 M. - bw.•MwMk. — CM` 1 R M \WW' PW N^ ,- swlw\3 w Fwd o..e.NM . \1cr -w ft. ot\�tilliiAq PROJECT: U. LEGA.R.951/ DESCRIPTION 1 � \A N SKETCH AND LEGAL DESCRIPTION A� PARCEL 124FEE: RIGHT —OF —WAY ee10W6IMwPrkDrI",ea1.700 N.0.. Fwd.34109 ED PREPAR FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY CONMMDNBR6 pr—r (218} 6970676 FAX: 09) 597-0578 LB W:9957 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 09OD81.00.00 2 34 50S 26E 1' BO' 6/8/12 R.A.K. SKD- 124FEE 1 OF 1 Packet Page -306- UE UTILITY EASEMENT LBE LANDSCAPE BUFFER EASEMENT C.R. COUNTY ROAD POS POINT OF BEGINNING NO NUMBER L LENGTH R RADIUS A DELTA CB CHORD BEARING C s CHORD IFE SIMPLE INTEREST 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE. RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'57'21', AND WHOSE LONG CHORD BEARS SBO'40'19'W FOR A DISTANCE OF 35.34 FEET; 2) THENCE N54'21'01'W FOR 17.05 FEET TO THE BEGINNING OF A NON — TANGENTIAL CURVE: THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953.00 FEET, THROUGH A CENTRAL ANGLE OF 05'27'58 ". AND WHOSE LONG CHORD BEARS N38'28'37'E FOR A DISTANCE OF 261.62 FEET; THENCE N5Cr 14' 16'E FOR 43.39 FEET; THENCE NB6'57'01'E FOR 22.39 FEET. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1R, CELESTE DRIVE REPLAT, AS RECORDED IN PLAT BOOK 22. PAGE 9 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. ALSO KNOWN AS THE WESTERLY RIGHT —OF —WAY LINE OF COUNTY ROAD 951; THENCE S35'41'39'W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1D.220 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. to MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. — e. W12 = - M UDW\OMOL ,W= MI t M51 M. - bw.•MwMk. — CM` 1 R M \WW' PW N^ ,- swlw\3 w Fwd o..e.NM . \1cr -w ft. ot\�tilliiAq PROJECT: U. LEGA.R.951/ DESCRIPTION 1 � \A N SKETCH AND LEGAL DESCRIPTION A� PARCEL 124FEE: RIGHT —OF —WAY ee10W6IMwPrkDrI",ea1.700 N.0.. Fwd.34109 ED PREPAR FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY CONMMDNBR6 pr—r (218} 6970676 FAX: 09) 597-0578 LB W:9957 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 09OD81.00.00 2 34 50S 26E 1' BO' 6/8/12 R.A.K. SKD- 124FEE 1 OF 1 Packet Page -306- Goodkind & Swift, Inc. Ma 10/9/2012 Item 11.13. LAND APPRAISAL REPORT Project #60116 File No oarcef 1n1TCE Form LAND — NdinTOTAL' appraisal software by a la mode, inc. —1- 800- ALAMODE 08, +11 Packet Page -307- v Borrower Ovmerr Ea re Creek Community Assoc.ln, Census Tract 111 02 Map Reference S3451-1126 Property Address 6705 Collier Blvd (SR 951) w City Naples County Collier State FL Zp Code 34113 Legal Description OR 3976 PG 8 (lengthy legal description) m w Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ Leasehold ❑ De Minimis PUD Actual Real Estate Taxes $ N/A (yr) Loan charges to be paid by seller S N/A Other sales concessions N/A Lender /Client Collier County Growth Management Div. /ROW Address 2685 S. Horseshoe Drive, Naples, FL 34104 Occupant Owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Fair Campensation Parcel 101TCE p m = M Location _,J Urban y Suburban J Rural i Good Avg. Built Up ❑Over 75% Z 25% to 75% E] Under 25% Employment Stability Growth Rate _ Fully Dev. ❑ Rapid Z Steady ❑ Slow I Convenience to Employment L Tl Property Values L7 Increasing g � Stable ❑ Declining Convenience to Shoppinp nl Demand /Supply ❑ Slwrtage X Oversupply Convenience W Schools In Balance Marketing Time ❑ Under 3 Mos. ❑ 4.6 Mos. X' Over 6 Mos, Adeaua of Pubic Transportation Present 20 %One Unit _% 2 -4 Unit _% Apts. 30 %Condo 35 %Commercial Recraafional FacOities ( j Land Use % Industrial 10 % Vacant 5 % Preserve AdeQuacy of tltiptirss _ -j el Change in Present ❑ Not Likely [ Llkejr (') ❑ Taking Place (`) Property Cormalfbillty Land Use (•) From vacant To commercial Protection trom Detrimental Conditions V 1 Predominant Occupancy ❑ Owner ;x] Tenant 10 % Vacant ! PoNcc and Rre Protection F [ One -Unit Price Barge $ N/A to $ N/A Predominant Value $ N/A General Appearance of Pmpe fies 1 A One -Unit Age Range N/A yrs. to N/A yrs, Predominant Age NIA yrs. I Appeal to Market ❑i Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) See attached addenda. Fair Poor r 17­1 (-1 j 7— f ' `1 0 t. 1 ....1 r (-1 -1 ,y y Dimensions Residential Portion of Eaale Creek PUD = called 98.5 ac J Corner Lot Zoning Classification PUD - residential component Present Improvements FJ Do ❑ Do Not Conform to Zoning Regulations Highest and Best Use _ Present Use (❑ Other (specify) Public Other (Describe) NEWS- SITE IMPROVEMENTS Tope Level Elec. X Street Access ® Public ❑ Private Size Compatible with area Gas ] Surface Paved Shape Irregular Water yi Maintenance Z Public ❑ Pnvaiej View Typical San. Sevier L ® Storm Sewer ® Curb /Gutter Drainage Appears to be adequate ❑ Underground Elect. & Tel. X Sidewalk Z Sireel Lights I Is the property located in a FEMA Special Flood Hazard Area? ZI Yes ❑ No Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions) _Zone AE, #12021 C0604H, did 5/16/12 No adverse conditions observed. The subject site is encumbered by standard perimeter roadway and utility easements This appraisal considers land and effected improvements only (see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus ( -) adjustment is made, thus reducing the indicated value of subject; it a significant oem in the comparable is inferior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject. lTEfut_ SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE NO, 2 COMPARABLE N0.3 Address 6701 Collier Blvd (SR 951) !S /S Veterans Memorial Blvd Bucks Run Drive Naples, FL 34113 N8 les. FL 34110 Naples, FL 34120 _ EIS Livingston Road ;Naples FL 34110 Proximity to Subject 17.04 miles N 13.22 miles N 116.96 miles N Sales Price S N,'A S 74.364/ac ! $ 69 599 /ac 'S 52.0161ac _ Price S i$ 3.800,000 $ 1.250000 °S 600.000 Data Source's Public Records Public Records BK 4565 PG 1392 Q ITEM I DESCRIPTION 1 DESCRIPTION + - )$ AdusI_ DESCRIPTION - )$ Ad sl. DESCRIPTION I +f- S Adiusi_ Dale ofSaie/TmeAdj. !NIA 109110 Nominal!12 /10 Nomma16 /10 1 Nominal ti4 Location !Suburban !Similar 'Similar Isimilar s a Slteviiew called 98.5 ac 151.10 ac In S /sf, 17.96 ac I In Sl015.38 ac I In $is( t-u Zoning PUD-Res. PUD -Res. (PUD -Res PUD -Ros Tmiraolly Level -imp. Level -raw - 7.5001evei -raw I *7,500Levekraw +7,500 Size Factor Standard -Lame !Not material smairr_r - 5.000!Smalier 5A00 Sales of Financing N/A Concessions !N /A Net Ad;- Toali # ` "�+ - $ 7,500 2 500 + —1- Ig 2.500 Indicated Value of Sol ject . -_ _ Net '10.1 '% Net 3.8 % Net 4.8 % Gross '10.1 % $ _. 81.8 Cross 18.0 % $ 72 099 Gross 24,0 % S 54.,516 Comments on Market Data See attached addenda. Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only_. The proposed takino parcel 101TCE has no impact on building improvements any impact/damage to landscape or hardscape items in the take area will be replaced in -kind as part of the work within this parcel (essentially a drivewav restoration parcel) or covered by a minor landscape allowance included within the compensation Z Jgure. The taking pn cet.hes no im acp t on the functional utili of the subject property See comments in addendum- Final Reconciliation The appraised value for the subject parent tract lands reflect a unitiprice of $70 000 /ac or $6,895.000 total The compensation value for parcel 101 TCE (temporary construction easement) is based upon a 3 year term /duration o 55 I (WE) ESTIMATE THE MARKET VALUE, AS DEMNED, OF SUB(,}(�CT P ERTY AS OF Augu 3Q 2012 TO BE $ 1.000 Parcel 107TCE1 w Appraiser Harry Honderson. SRA (t t 1 i L' ervisory App aiser (if =licabli Date of Signature and Report August 30. 0'2 Date of Signature Title Review Appraiser Title State Certification # RD3475 ST FL State Certification # ST Or State License # ST ^ Or State License # ST Expiration Date of State Certification or License 11/30/2012 Expiration Date of State Cerification or License Date of Inspection (a molicable) August 30. 2012 ! Did - Did Not Inspect Property Date of Inspector) Form LAND — NdinTOTAL' appraisal software by a la mode, inc. —1- 800- ALAMODE 08, +11 Packet Page -307- 10/9/2012 Item 11.13. SuDDlemental Addendum Filn Nn 1n.Tr -r Bonower /Gliem Owner: Eagle Creek Community Assoc.lnc Property Address 6701 Collier Blvd SR 951 City Naples Cou Collier State FL Zip Code 34113 Lender Collier County Growth Management Div. /ROW • Land: Neighborhood Comments The subject property (Eagle Creek Community - parent tract) is located on the west side of SR951 (Collier Blvd) south of the US 41 intersection and just south of the Lowes- anchored Eagle Creek Shopping Center in the East Naples area of unincorporated Collier County. SR951 is a developing commercial corridor with residential community entry points (access to residential rear lands). Existing commercial properties in the immediate vicinity of the subject include a Dunkin Donuts store and the Eagle Creek Shopping Center as well as a Super Wal -Mart center. A number of undeveloped commercial tracts remain in the area; these are poised for development once economic conditions improve. Maintenance levels in the area are generally good, Parent Tract and Improvements The greater parent tract property is the residential portion of the Eagle Creek community. For the purpose of this analysis parent tract acreage is pegged at approximately 98.50 acres. The subject parcel is located within the entry drive (Eagle Creek Drive) which provides access to the greater Eagle Creek community. Entry drive features within the area of the subject parcel include paved roadway, curbing and minor landscaping /irrigation. The bulk of the Eagle Creek Drive entryway improvements are far outside the proposed TCE area. Building and significant site improvements are not impacted by the taking parcel and are not considered in this report. Parcel 101 TCE Parcel 101 TCE is a temporary construction easement associated with the US 41- Collier Blvd intersection improvement project. This parcel is essentially required for driveway restoration work along a small portion of Eagle Creek Drive at the Collier Boulevard ROW line. It is rectangular in shape (25ft x 50ft) and has an area of 1250 sf. The use of this temporary construction easement is for driveway restoration as well as for the movement of men and equipment during the course of the intersection improvement construction period; it will have a 3 year term (duration). Driveway and associated minor landscape improvements within the take will be restored as part of the project or covered by a minor landscape allowance included within the compensation figure. • Land : Market Data Comments The subject and comps are compared on a unit/price basis ($ /ac) which eliminates the need for direct size adjustments. All sales involve the relatively recent sale of residential PUD lands having market characteristics similar to the subject property. Topography adjustments reflect site improvement costs associated with raw PUD lands vs the subject's improved site (cleared /graded). Size Factor adjustments for comps #2 and 3 reflect economies of scale whereby, all else being equal, significantly smaller land tracts tend to sell for higher unit prices relative to their larger counterparts. The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of $54,516/ac to $81,654/ac; all factors considered, a mid -range value of $70,000 /ac is selected as most reasonable for the subject lands in the current market environment. Indicated Value for Parent Tract lands: $70,000 1ac x 98.50 acres =$6,895,000, Valuation of Parcel 101TCE At a unit price of $70,000 /ac ($1.61 /sf) and a 3 year term for the TCE; the compensation value for the TCE is valued as follows: 1250sf x $1.61 /sf = $2013 x 10% (land cap.rate) x 3yrs = $600 (rounded) Plus $400 allowance for any damaged landscape items; Total Compensation: J1AL0 Form TADD — VinTOTAL" appraisal software by a la mode, inc. —1. 800- ALAMODE Packet Page -308- N SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. TRACT *M-1" � \P E CRYSTAL LAKE TERRACES Rz,,N, Aa5�� AT EAGLE CREEK S PB16, PG 30 0 20 40 ' EAGLE CREEK 1 (o CONDOMINIUM NO. 5 GRAPHIC SCALE DECLARATION OR 1505 ` 1. = 40+ PG 1828 I Na 9952 JOB NUMBER S87'31.42"E S02'28'1 8'W UNPLATTED 25.00' 8.23' EAGLE CREEK COMMUNITY + EXISTNG RW POB ASSOCIATION, INC. DRAWN BY OR 3978, PG 5 / SHEET FOLIO NO. 30180160005 2 r� r-POC r UNPLATTED TRACT "R' (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30185040007 iv NO2'28'18'E is V OD' I N iv 0 rn 7'31'42'W 50. 101TCE 1,250 SF N8 LEGAL. DESCRIPTION - PARCEL 101TCE 10/9/2012 Item 11.13. LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PB - PLAT BOOK PG PAGE POD POINT OF BEGNNNG POC - POINT OF COMMENCEMENT 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 A POINT ON THE WEST RIGHT -OF -WAY LINE OF S.R. 951, ALSO BEING THE SOUTHEAST CORNER OF TRACT 'M -1 ", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUbUC RECORDS OF COLLIER COUNTY, FLORIDA; a a THENCE ALONG ALONG THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951. THE F�LLt)1�VING THREE (3) DESCRIBED ` COURSES: 1) THENCE SO4'56'15'W FOR 87.11 FEET; 2) THENCE S02'28'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'18'W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, N8731'42 "W FOR 25.00 FEET; THENCE NOZ28'18 "E FOR 50.00 FEET; THENCE S87'31'42'E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TPCM - POW CONSTRUCTION EASEMENT JUN 15 2012 latl DURATION 3 YEARS. MIC A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA T SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .wrw e, 30x1 I:Ii nr a!tnoe \aororaaa r6lr CAl r r.rrwedr. aaewn+nb M! OMOIr qw \M.R• ar�1,w +- Su.wy \4Ma� .M+ P..�.lwtitC -ne R.. W \SKG_wrTCT. PROJECT: U.S.41/C.R.951/S.R.951 Rz,,N, Aa5�� rn PARCEL IOITCE: TEMPORARY CONSTRUCTION EASEMENT (o LLIER PREPARED FOR: CO COUNTY GOVERNMERT/BOARD OF COUNTY COMMISSIONERS NaWn. Kaki.31109 fto m: (239) 597-0575 FAX: (230) 597-0678 Na 9952 JOB NUMBER S87'31.42"E S02'28'1 8'W SEGIiDN 25.00' 8.23' RANGE POB DATE iv NO2'28'18'E is V OD' I N iv 0 rn 7'31'42'W 50. 101TCE 1,250 SF N8 LEGAL. DESCRIPTION - PARCEL 101TCE 10/9/2012 Item 11.13. LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PB - PLAT BOOK PG PAGE POD POINT OF BEGNNNG POC - POINT OF COMMENCEMENT 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 A POINT ON THE WEST RIGHT -OF -WAY LINE OF S.R. 951, ALSO BEING THE SOUTHEAST CORNER OF TRACT 'M -1 ", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUbUC RECORDS OF COLLIER COUNTY, FLORIDA; a a THENCE ALONG ALONG THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951. THE F�LLt)1�VING THREE (3) DESCRIBED ` COURSES: 1) THENCE SO4'56'15'W FOR 87.11 FEET; 2) THENCE S02'28'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'18'W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, N8731'42 "W FOR 25.00 FEET; THENCE NOZ28'18 "E FOR 50.00 FEET; THENCE S87'31'42'E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TPCM - POW CONSTRUCTION EASEMENT JUN 15 2012 latl DURATION 3 YEARS. MIC A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA T SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .wrw e, 30x1 I:Ii nr a!tnoe \aororaaa r6lr CAl r r.rrwedr. aaewn+nb M! OMOIr qw \M.R• ar�1,w +- Su.wy \4Ma� .M+ P..�.lwtitC -ne R.. W \SKG_wrTCT. PROJECT: U.S.41/C.R.951/S.R.951 Rz,,N, Aa5�� SKETCH AND LEGAL DESCRIPTION PARCEL IOITCE: TEMPORARY CONSTRUCTION EASEMENT 6010 Wft. PUk Dnw. Suit► 2W LLIER PREPARED FOR: CO COUNTY GOVERNMERT/BOARD OF COUNTY COMMISSIONERS NaWn. Kaki.31109 fto m: (239) 597-0575 FAX: (230) 597-0678 Na 9952 JOB NUMBER REVISION SEGIiDN TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090061.00.00 2 3 I 51S 26E 1" = 40' 6/R/12 R.K. A, SKD- 101TCE 1 OF I Packet Page -309- 10/9/2012 Item 11.13. min rile rvo. rarcei 1 u1 i t:t I Location Map Borrower /Client Owner: Ea le Creek Community Assoc.inc Properly Address 6701 Collier Blvd SR 951 city Naples County Collier State FL Zip Code 34113 Lender Collier County Growth Manaaement Div. /ROW —.. C�Hucrevr. L.Mirrs kd _ n�rmntaic*+ W, z c Crhvn�eRee 4 Form MAP.LOC — 'WinTOTAL' aooraisal software by a la mode. inc, —1- 800- ALAMODE Packet Page -310- R] 10/9/2012 Item 11.B. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, 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 each acting in what he considers his own best interest; (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. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions, Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to 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. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist N reader of the report in visualizing the properly and understanding the appraisers determination of its size. 3. 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, 4. 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. 5. 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, 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) 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. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct, The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties, 8. The appraiser will not disclose the coments of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any slate or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent, The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news. sales, or other media. reddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 10048 6-93 Goodkind & Swift, Inc. Form ACR — 'W1nTOTAL' - —_a. —1- 800- ALAMODE Packet Page -311- E 10/9/2012 Item 11.13. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those Items of significant variation. 9 a significant item In a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2 I have taken into consideration the factors that have an impact on value In my development of the estimate of market value in the appraisal report I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of 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. 5, 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. B. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or an any she within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied an significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, B an unauthorized change is made to the appraisal report , I will take no responsibility for JL SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6701 Collier Blvd (SR 951) Naples, FL 3x113 APPRAISER: SUPERVISORY APPRAISER (only If required): Signature: Name: Harr�Henderson, SRA Date Signed: August 30, 2012 State Certification #: RD3475 or State License #: State: FL Expiration Date of Certification or License: 1113012Q ^2 Freddie Mac Form 439 6 -93 Page 2 of 2 Signature: Name: Date Signed: _ State Certification # or State License State: Expiration Date of Certification or License: C Did ❑Did Not Inspect Property Form ACR — 'WInTOTAL' appraisal software by a la mode, Inc. —1- 800- ALAMODE Packet Page -312- Fannie Mae Form 1004B 6 -93 APPRAISAL REVIEW SUMMARY i { tff 10/9/2012 Item 11.13. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET -BASED SUPPORT. DOES NOT INDICATE AGREEMENT VVfTH VALUE PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 102Fee 102TCE PARCEL AREAS: 18,880 sf 1500 sf UNIT VALUES: $9.00 /sf 3 yr tern OWNER: KRG 951 -41 PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW and TCE necessary for intersection improvements associated with the 41 -951 improvement project APPRAISER: Ken Devos DATE OF VALUE (INSPECTION) 6/27/12 DATE APPRAISAL RECEIVED: 7/11/12 DATE APPRAISAL APPROVED: 7112112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37.43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 169,300 _X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: — slope- landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 1,930 Reconciliation of Value Indications ( COST -TO -CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE i $ 171,230 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 7/12/2012 Packet Page -313- //I ,_ APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. rn1-11 n m A/ C1C ^ICn A CTCD DCVICIAICD nCTCDAAIAICQ 6DODAICFR'Cnawlnnls NA VFUAF?KFT.RASFn SUPPORT DOES NOT INDICATE AGREEMENT WITH VALUE. JUIVtMnrtfLLJ Vn In IlVrvf nev rvf rv�fvnr -. vvr.�✓r.r • �•.•.,-.•...•.- r.. .r.r........�..........._.... PROJECT: US41-CRSR951 Intersection Imp. Project #60116 -. .. ..- .._._._ -._.. .. .. . -. _.._. "^ RCEL NO(s): 103Fee 103TCE .,tCEL AREAS: 917 sf 78 sf UNIT VALUES: $11.00 /sf $11.00 /sf OWNER: Red Naples Holdings V, LLC PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee and TCE parcel associated with the 951 -41 Intersection improvement project APPRAISER: Alan Wilcox, MAI DATE OF VALUE (INSPECTION) 9/4/12 DATE APPRAISAL RECEIVED: 915/12 DATE APPRAISAL APPROVED: 9/6/12 SEE PAGE(s) 5 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 39 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 55-64 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None, vacant land .3CRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 10,100 Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ Adequacy and Relevancy of Market Research EASEMENT FOR: _slope- Iandscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 300 X Reconciliation of Value Indications COST -TO -CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 10,400 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 916/12 Packet Page -314- Goodkind & Swift, Inc. Main Fil 10/9/2012 Item 11.13. LAND APPRAISAL REPORT Project #60116 Fl, Nn Pamal 10AFne Tr ..F Form LAND — •WinTOTAL' appraisal software by a la mode, inc. — 1- 800-ALAMODE U&I1 Packet Page -315- Borrower Owner: Collier County Pub.Util. Census Tract 111.03 Map Relarence 53- T51 -R26 Property Address 6670 Collier Blvd (SR951) City Naples County Collier Slate FL Zip Code 34114 w Legal Description 3 51 26 SR 951 Master Pump Station Site Desc in OR 1663 PG 288 65 acres to Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z Fee ❑ Leasehold ❑ De Minimis PUD in Actual Real Estate Taxes $ N/A (yr) Loan charges to be paid by seller S N/A Other sales concessions N/A Lender /Client Collier County Growth Management Div. /ROW Address 2885 S. Horseshoe Drive, Naples. FL 34104 Occupant Owner lien Ha Henderson SRA Instructions to A raiser Estimate Fair Com nsation Parcels 104Fee TCE Location Li Urban 0: Suburban ❑ Rural Good Avg. Fair Poor Built Up ❑ Over 75% 0 25 %to 75% ❑ Under 25% Emptoymelb Stability ❑ F_: I i Growth Rate ❑ Fully Dev. ❑ Rapid Z Steady Slow Convenience to Employment F- "x� ] 1 1-1 Prperty Values ❑ increasing F�,J Stable ❑ Declining Convenience to Sho in >9 f Demand'supply ❑ Shortage [7_� M Balance ❑ Oversupply Convenience to Schools Y ❑ Marketing Time ❑ Under 3 Mos. ❑ 4 -6 Mos. (N Over 6 Mos. Adelluacy of Public Transportation n y o Present 15 % One -Unit % 2 -4 Unit Apts. 20 % Condo 35 % Commercial Recreational Facilities j _% Land Use % Industrial _3O_% Vacant _% Adequacy of Utilities m ly [ lily () Lakin Place Pro ert CnngaQhlH f Change in Present ❑Not Like U ' g O Prop" ty rm Land Use (•) From vacant To commercial Protection from Detrtmoniai Conditions f f;{ _., r. 1 f_l 1 M Predominant Occupancy Z Owner ❑ Tenant 10 % Vacant Police and File Protection z One -Untt Price Range $ N/A to $ N/A Predominant Value $ N/A General Appearance of Properties F I N.1 "I f"S One -Unit Age Range NIA yrs. to N/A yrs. Predominant Age N/A yrs. A oat to Markel D ix Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) The subject is located on the east side of along SR951 SR951 south of US 41. This is a developing area with a commercial orientation. A Super Wal -Mart is located south of the subject a Super Target is proposed on lands east of the sublect A Lowes- anchored shopping center is also extant Residential development nearby includes several mobile homes parks as well as more upscale gated communities. Maintenance levels in the area are enerall nod. Dimensions Irregular (parent tract) - .65 ac Corner Lot : Zoning Classification RSF -31u My supparr facilities are en allowed use) Present Improvements Do ❑ Do Not Conform to Zoning Regulations Highest and Best Use ❑ Present Use ® Other (specify) If vacant, the sublect parent tract would very likely be rezoned for commercial deveopmenl. .. —.. Public Other (Describe) ( - Off SITE IMPROVEMENTS I Topo Level Elec, 0 Street Access ® Public ❑ Private) Size Compatible with area w '- Gas ❑ Surface Paved i Shape Irregular Water IZ Maintenance Z Public ❑ Private View Commercial San. Sewer © Z Slorm Sewer Z Curb /Gutter Drainage Appears to be adequate f�l Underground Elect. & Tel. I Sidewalk Q Street Lights Is the property located in a FEMA Special Flood Hazard Area? Yes ❑ No Comments (favorable or unfavorable Including any apparent adverse easements, encroachments, or other adverse conditions) Zone AE, #12021 C0604H, did 5/16/12 No adverse conditions observed. The sublect lot is encumbered bV standard perimeter roadway and utility easements as well as mineral rights of record. This appraisal considers land and effected improvements only (see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description Includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a sigrdficant Item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item In the comparable Is inferior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject. ITEM SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE NO.2 COMPARABLE NO.3 AddreSS 6670 Collier Blvd (SR951) Pine Ridge Rd/Kraft Or W/S Collier Blvd/Sierra Meadows Rt 41 E/Courthouse Shadows FJaoles. FL ,14114 ISWC Naoles FL �Na lei FL INaoies FL Proximity to Subject 10.61 miles N 2.94 miles N 15.82 miles NW Sales Price $ N/A Is 13,97tsf S 10.51/st $_ 11.68Jsf E2 Price 5 S 2,525.000 S 650.000 $ 229,D0 Data Sources j BK 4659 PG 1293 BK 4739 PG 3066 BK 4596 PQ 1407 t ITEM i DESCRIPTION DESCRIPTION + - )$ Adiusi. DESCRIPTION +(-)S Adjust. DESCRIPTION I + -)S Ad usi. Date ofSalwTimeAdj. :NIA 3/11 1 Nommahl1 /11 NominaL4710 Nominal I Location A .Comm. Similar I 'inferior +1.7511rdenor +175 G SrteNimv _ 1.65 ac 4.15 ac In S /sf'1.42 ac In IsR.45 ac In !s€ Zoning !RSF -3 Com.Rezne PUD- Commercial -250 PUD- Commercial j .2.501PLID- Commercial -2.50 " To to Love! Level Level ILevel Sue Factor Standard (Lamer +1.50iSimllar 1 Isimiiar Sales or Financing 11, /A Concessions )/q Net Ad. IS -0.75 —I+ - $ 075 Indicated "l ue Jdet <7 2 % Net 71 (( Net 6,4 %- of Sublcct Gross 2P.fS % S 1297 G @SS 404 1 Gross 364 % IS 10 93 Comments on Markel Data See attached addenda. - _ -_ -_ --9.76 - Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only. The proposed taking parcels (104Fee 104TCE) have no residual impact an the building improvements /functionality of the site once the designed cure is implemented. Z FiraRecnnclaiaiinn See addendum -- 0 I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED OF THE SUBJECT PROPERTY AS OF August 30 2012 TO BE $ 519,250 o Appraiser Harry Henderson, SPA Supervisory Appraiser (if applicable) U Date of Signature and Report August 30, 2D12 Date co Signature Tille Review Appraiser Tale Slate Certification # RD3475 ST FL State Certification # ST Or State License # ST Or State License # ST _ Expiration Date of State Certification or License 11/3012012 Expiration Date of State Certification or License Date of ImDuclion fit anrilicab!u) August 30, 1012 1 Did 1 D!d Not Inspect Property Date at Inspection Form LAND — •WinTOTAL' appraisal software by a la mode, inc. — 1- 800-ALAMODE U&I1 Packet Page -315- ManFile 10/9/2012 Item 11.13. unnilemental Addendum RD No. Parce11n4FeaTCF borraynoCliem Owner: Collier County Pub.Util. Pro rt Address 6670 COW Blvd ESR951 Cq Naples County Collier State FL hp Code 34114 Lender Collier County Growth Management Div. /ROW Parent Tract and Improvements The subject parent tract is Improved for use as a Master Pump Station for the Collier County Public Utilities Division. Primary building improvements consist of a pump station building and associated site improvments (fence, driveway, piping - valves, walls, minor landscaping, etc. Parcel 104Fee, Parcel 104TCE (see legal sketches In addendum) Parcel 104Fee is a mostly rectangular strip parcel located along the parent tract road frontage on SR 951. The total parcel area is 4938 sf with a width that varies from 41.31 ft to 45.41 ft. This parcel is needed as part of the US 41/951 Intersection Improvement project. Parcel 104TCE is a temporary construction easement parcel (3 year term). it is a 5ft wide strip located along the east side of the 104 Fee parcel. It has a total area of 100 sf; its purpose is to restore the driveway connection in the after take condition. This parcel will not be condemned as part of this project; no further consideration or valuation of this parcel will be given. • Land : Market Data Comments The subject and comps are compared on a unit/price basis ($ /sf) which eliminates the need for direct size adjustments. All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property. Location adjustment for Comp #2 reflects its location away from any major intersection in a less intensively developed stretch of CR 951. Location adjustment for Comp #3 reflects its location along a less desirable /economically stagnant section of US 41. Zoning adjustments reflect the fact that all comps have existing commercial zoning in -place while the subject would require a rezone (viewed as extremely likely given its location and commercial nature of surrounding properties). Size Factor adjustment for comp #1 reflects economies of scale whereby, all else being equal, significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts, a market derived adjustment is applied. The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of $9.76 /sf to $12.97/sf; all factors considered, an upper -range unit price of $12/sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands: $12 1sf x .65 acres (28,314 sf) _ $340,000 (rounded) Valuation of Parcel 104Fee At a unit price of $12/sf the land portion of this parcel is valued as follows: 4938sf x $12/sf = $59,250 (rounded) The proposed 104Fee parcel will impact the functionality of this site as a Master Pump Station; engineering consultants hired by Public Utilities are designing a cure which would allow this facility to function with the same utility as in the before condition. The cost of this cure will be passed -on directly to Transportation (Growth Management Division) as a cost associated with this project. No independent cure cost will be provided as part of this appraisal. Compensation Break -down Parcel 104Fee Land: $59,250 Improvements: N/A Cure: at cost Total Monetary Compensation for this ownership: $59,250. Form TADD — 'WinTOTAV appraisal software by a la mode, Inc. — 1 -800-ALAMODE Packet Page -316- 10/9/2012 Item 11.13. (Main File No. Parcel 104Fee 1GE I Packet Page -317- nNe 10/9/2012 Item 11.13. Comparable Photo Page BenrtrWerla;tlend Owner. Cotner Count Pub.Utg. Roon Address 6670 Collier Blvd (SR951) Clty Naples County Collier State FL Zip Code 34114 Leader Collier County Growth Manaaement DM/ROW Comparable 1 SWC Pine Ridge Rd /Kraft Dr Prox, to Subject 10.61 miles N Sales Price 13.97 /sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 4.15 ac Site Quality Age Comparable 2 W/S Collier Blvd /Sierra Meadows Prox to Subject 2.94 miles N Sales Price 10.51/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View 1.42 ac Site Quality Age Comparable 3 Rt41 E /Courthouse Shadows Prox to Subject 5.82 miles NW Sales Price 11.68/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View .45 ac Site Quality Age Form PICPU(.CR — 'WinTOTAL' appraisal software by a la mode, Inc. — 1- 8&ALAMODE Packet Page -318- 10/9/2012 Item 11.13. Main File I .- _ Location Map Borrower /Client Owner: Collier County Pub.util. Property Address 6670 Collier Blvd fSR951 city Naples County Collier State FL Do Code 34114 Lender Collier County Growth Management Div./ROW r; a la mode, inc: r� •W+ dn.p � f II x i 3 E Or ii' Palm River Est 1n, V.W -Rd ates {tic` Naples Park s.e '" il� Pd Vanderbtft anacN +- � �'��, 862 r 4 Comparable 31 :. Pelican Bay • , : • • • dw e,6 vo;rl North Naples i" _.f tI IB9°� P it m v Gwen BhrA `" rr c aet, Golden Gate 145 � ` �i 2 IB6fil . aGWam Gater'nvy . Comparable E/Courthouse Shadows Blvd/ W/S Collier SieiTa Meadows .5.62 miles 2-94 miles av" 8wd n tw a: y. C J fy 9641 8 4i� 951.I Lcly $ Akv' P01. Alf w or .9 i - • V Leiy Resort ra,< t?c_ Berle tdarac � - itwll litono 1951 Form MARLOC — 'WInTOTAL' appraisal software by a la mode, inc, —1- 800- ALAMODE Packet Page -319- OhJ Gtwr¢ , nr'rYts E; 10/9/2012 Item 11.13. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, 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 aril the passing of title from seller to buyer under conditions whereby: (t) buyer and seller are typically motivated; (2) both parties are well informed at well advised, and each acting in what he considers his own best interest; (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. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law In a market area; these costs are readily identifiable since the seller pays these costs In virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already Involved in the property or transaction. Arty adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of arty adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will riot 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. 1 The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the 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. 4. 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. 5. 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 fie land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing Ile appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) gnat 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. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and 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. B The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice_ 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute tle appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser Is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any stale or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 1004B 6 -93 Goodkind & Swift, Inc. Form ACR — WnTOTAL' p - -i-i N, � 1, —A. i— —1- 800- ALAMODE Packet Page -320- Main File 10/9/2012 Item 11.B. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to arose items of significant variation. H a significant Item in a comparable property Is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, H a significant 'Rem in a comparable property is interior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have take into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information In the appraisal report are true and correct. 1 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants In the transaction. I did not base, ether partially or completely, my analysis and/or the estimate of market value In the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of 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 properly. 5. 1 have no present or contemplated future interest In the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as cornparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions in the subject Improvements, on the subject site, or on any she within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketablllly of the subject property. 9. 1 personalty prepared all conclusions and opinions abort the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report. I have named such individuals) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named Is qualified to perform the tasks. I have not authorized anyone to make a change to any Hem in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for H. SUPERVISORY APPRAISER'S CERTIFICATION: H a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 though 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6670 Collier Blvd tSR951y, Naples, FI- 34114 APPRAISER: SUPERVISORY APPRAISER (only If required): Signature: Signature: Name: Harry Henderson, SRA Name: Date Signed: _August 30 2012 Date Signed: State Certification #: RD3475 State Certification #: or State License #: or State License #: State: FL State: Expiration Date of Certification or License: 11130!2012 Expiration Date of Certification or Did n Did Not Inspect Property Freddie Mac Form 439 6.93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form ACR — 'WinTOTAL' appraisal software by a la mode, Inc. — 1- 800-ALAMODE Packet Page -321- I // / APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. SUMMARIZES DATA FROM AN APPRAISAL SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET BASED SUPPORT DOES NOT INDICATE AGREEMENT WITH VALUE Packet Page -322- PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 105Feel 105Fee2 105Fee3 105Fee4 .RCEL AREAS: 2331 sf 654 sf 2003 sf 2998 sf UNIT VALUES; $10.00 /sf $10 /sf $101sf $10 1sf OWNER: Lowes Home Center PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee parcels at the Lowes parent tract needed for the US 411951 Intersection improvement project Land values are rounded. 105TCEl: $430; 105TCE2:$4200; 105TCE3: $1200;105TCE4: $1300 APPRAISER: Ken Devos DATE OF VALUE (INSPECTION) 811/12 DATE APPRAISAL RECEIVED: 8/9112 DATE APPRAISAL APPROVED: 8110112 SEE PAGE s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 3743 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: Landscape, hardscape and signage etc. 105Feel: 12,000; 105Fee2:$2,700; 105Fee3: $13,350;105Fee4: $12,850 CRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Cure forsign replacement 105Feel: $27,750 REVIEWER CONCURS WI APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND. VALUE (Fee or Right -of -Way Easement): $ 79,850 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 40,900 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: _slope4andscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 8 930 X_ Reconciliation of Value Indications COST -TO -CURE: $ 27,750 Other. SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE $ 157,430 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 8/10112 Packet Page -322- Goodkind & Swift, Inc- M inFi, 10/9/2012 Item 11.13. LAND APPRAISAL REPORT Project #60116 File No. Parce1106Fee.TCE Borrower Owner: United Tel Co of FL Census Tract 111.03 Map Reterance S3- T51 -R26 Property Address 6666 Isle of Capri Road (aka SR 951) r- City Naples County Collier Stale FL Zip Code 34114 uuii Legal Description 3 51 26 Comm E1 /4 Cnr Sec 3, S 1361.86ft, N 54 Deg W 1566.33 ft, S 35 Deg W 400ft, N 54 Dep, W 2480.58ft, N 15 Deg W m Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z Fee ❑ Leasehold ❑ De Minimis PUD w Actual Real Estate Taxes S 816 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A Lender/Client Collier County Growth Management Div. /ROW Address 2885 S. Horseshoe Drive, Naples, FL 34104 Occupant Owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Fair Compensation, Parcels 106Fee.TC£ Location Lj Urban Z Suburban jJ Rural Good Avg, Fair Poor Bdilt Up I_.7 Over 75% 1 25% to 75% J Under 25% '; Employment Stability ❑ (� � Growth Rate ❑ Fully Dev. [J Rapid [ Steady Slow Convenience to EmR!gmemt Property Values _j Increasing (? stable ❑ Declining Convenience to Shopping Damand5upply D Shortage N, M Balance L Oversupply I Convenience to Schools s Marketing Time ❑ Under 3 Mos. fLJ 4.6 Mos, Z Over 6 Mos.. Adeoua of Public Transportation I 7 1 L_I ! Present 15 % One -Unit % 2.4 Unit % Apts. 20 % Condo 35 % Commercial 1 Recreational Facilities 1 i xx Land Use —% Industrial 30 %Vacant _% Adequacy of Utilities ( 1 f °m Change in Present ❑ Nof Likery Z Likely ('} I. Taking Place (`j i Property Compatibility 1 x Land Use (') From vacant To commercial 1 Protection from Detnmental Conditions 7 f Fr:) j I M Predominant occupancy .4 Owner L] Tenant 10 % Vacant Police and Fire Prowtion _ l ( -I i One -Unit Price Range $ N/A to $ N/A Predominant Value $ N/A General arance of Properties r' One -Unit Age Range N/A yrs. to _N /A yrs. Predominant Age N/A yrs. Appeal to Market _j (x; i ll ;_...I Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) The subject is located on the east side of SR951 south of US 41. This is a developing area with a commercial orientation. A Super Wal -Mart is located south of the subject along SR951, a Super Target is proposed on lands east of the subject. A Lowes- anchored shopping center is also extant. Residential development nearby includes several mobile homes parks as well as more upscale paled communities. Maintenance levels in the area are neqerally good. Dimensions Irregular arent tract) _ .85 ac U Corner Lot _ Zoning Classification RSF -3 (utility support facilities are an allowed use),_ Present Improvements Z Do ❑ Do Not Conform to Zoning Regulations Highest and Best Use Present Use Z other (specify) if vacant the s_ub_ject parent tract would very likely be rezoned for commercial development. Public Other (Describe) - OFF SITE IMPROVEMENTS Topo Level Elec. Street Access Public ❑ Private Size Compatible with area Gas Surface Paved I Shape Irregular Vdaer Maintenance Z Public ❑ Private' View Commercial _- San. Sewer ® Storm Sewer Corb'Guvir Drainage Appears to be adequate ❑ Underground Elect. & Tel, I Z Sidewalk Street Lights Is the property located in a FEMA Special Flood Hazard Area? [&I Yes ❑ No Comments (favorable or unfavorable including any apparent adverse easements. encroachments, or other adverse conditions) Zone AE #12021 C0604H did 5/16/12 No adverse conditions observed. The subiect lot is encumbered by standard perimeter roadway and utility easements as well as mineral rights of record. This appraisal considers land and effected improvements only (see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. It a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject prooerty a plus ( +) adlusment is made thus increasing the indicated value of the subject. _ ITEM PROPERTY I COMPARABLE NO.1 1 COMPARABLE 2 COMPARABLE NO.3 Address 6666 Isle of Capri Road (aka SRISWC _NO. Pine Ridge, Rd /Kraft Dr 'WIS Collier Blvd /Sierra Meadows 'Rt 41 E /Courthouse Shadows Na ies FL 34114 Na les FL Naples FL Naciles, FL ProxmIly to Sublet 110 .87 miles N 13.19 miles N 6.03 miles NW Sales Price $ NIA s 13.97/sO S io&il is 11,68)st _ Price I$ I$ 2.525,0001 is 650,000 is 229,000 Data Source(s) I JBK 4659 PG 129_3 BK 4739 PG 3066 !SK 4598 PG 1407 ITEM DESCRIPTION 2 i DESCRIPTION + - IS Adjust.' DESCRIPTION +'s- S Adjust.1 DESCRIPTION I + - IS Adjust. Date ofSalerTimeAdj. INIA '3111 Nominalil1111 Nominali4 110 Nominal i- Location Av .Comm.Exo. Similar Inferior +1.7511nferlor +175 p Site(view, '.85 ac 4 15 ac j In Sisf11.42 ac In 5 /sf 45 ac In S /sf Zonmo RSF -3 ComRezne)'PUD- Commercial - 250PUD- Commercial - 2.501PUD- Commercial -2.50 Q Topography Level Level iLevel Level I `r SizeFaclpr Standard Lamer +1.501smirar Similar Sales or Financing `NIA - -- - - -- -- - - - -M 'or oesslons !NIA � Net A0(Total ) 1 -.1+ Z, - $ - $ -075 i+ I$ -0.75 Indicated Value Nei 72 % Net 71 % Net 6.4 '% o Spbj ^CI Grnss 288 % $ 1297 Qness 444 % $ 9_76 GGron 36.4 % 10,93 Comments an Market Data See attached addenda Comments and Conditions of Appraisal This is an appraisal of land and affected rmprovemenls only. The proposed taking parcels (106Fee, 106TCE) have no impact on the building improvements /functionality of the site once the proposed cure is implemented. See comments in addendum and IBI Group analysis attached Final Reconciliation See addendum to a I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS Of Au S, 30. 20 2 TO SE S 203,000 (Fee & TCE srcels) E3 - - s - - - = -- —p- a Appraiser Harry Henderson, SRA Supervisory Appraiser (it appljcablO to Date of Signature and Report August 30. 2012 Date of Signature ¢ Title Review Appraiser True State Certification # RD3475 ST FL State Certification # ST Dr State License # ST Or State License # ST _ Expiration Date of State Certification or License 1113012012 Expiration Date of State Cerlificalion or License Dale of Inspection (If apolicable) August 30, 2012 Did Did No! Inspect Property Date o' Inspection Form LAND - 'WinTOTAL" appraisal software by a la mode, inc. - 1 -800-ALAMODE U311 Packet Page -323- RE 10/9/2012 Item 11.13. unolemental Addendum M Borrower(Clienl Owner: United Tel_ Co of FL Property Address 6666 Isle of Capri Road (aka SR 951_ kit Naples Cou Coltiar State FL Tip Code 34114 Lender Collier County Growth Management Div./ROW Parent Tract and Improvements The subject parent tract is improved for use as a telephone switching station (Century Link). Building improvements consist of a utility grade facilities building (CBS construction). Site improvements include a paved parking area and driveway, concrete walkways and wheelstops, a telecommunications manhole, meters and minor landscaping. Parcel 106Fee, Parcel 106TCE (see legal sketches in addendum) Parcel 106Fee is a two- course strip parcel located along the parent tract mad frontage on SR 951. The total parcel area is 9,241 sf with a width that varies from 45.41 ft to 48.95 ft. This parcel is needed as part of the US 41/951 Intersection Improvement project. Parcel 106TCE is a temporary construction easement parcel (3 year term). it is a 10ft wide strip located along the east side of the 106Fee parcel. It has a total area of 850 sf. This parcel is needed for the movement of men and equipment during the course of the Project intersection improvement construction activities. • Land. Market Data Comments The subject and comps are compared on a unit /price basis ($ /sf) which eliminates the need for direct size adjustments. All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property. Location adjustment for Comp #2 reflects its location away from any major intersection in a less intensively developed stretch of CR 951. Location adjustment for Camp #3 reflects its location along a less desirable /economically stagnant section of US 41. Zoning adjustments reflect the fact that all comps have existing commercial zoning in -place while the subject would require a rezone (viewed as extremely likely given its location and commercial nature of surrounding properties). Size Factor adjustment for comp #1 reflects economies of scale whereby, all else being equal, significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts, a market derived adjustment is applied. The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of $9.76/sf to $12.97/sf; all factors considered, an upper -range unit price of $12 /sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands: $121sf x .85 acres (37,026 sf) _ $444,000 (rounded) Valuation of Parcel 106Fee At a unit price of $12/sf the land portion of this parcel is valued as follows: 9241sf x $12/sf = $111,000 (rounded) Improvement items within the take area are valued at $34,103 (exclusive of irrigation items which will be compensated for as part of a cure). These cost items were calculated by IBI Group as part of their forensic engineering analyses associated with a site cure relating to these parcels. The functionality of the parent tract would be negatively impacted by these takes if left uncured (negative on -site parking impacts and irrigation impacts). As such, a cure has been developed which replaces the parking lost (which is currently located at the front of the building) to an available area of the parent tract toward the rear of the building (see IBI Group report). The total cost for this cure comes to $54,885. Valuation of Parcel 106TCE At a unit price of 12/sf the TCE would be valued as follows: 850 sf x $121sf = $10,200 x .10 (land cap rate) x 3 yr term = $3,000 (rounded) Compensation Break -down Parcel 106Fee Land: $111,000 Improvements: $34,103 Cure: $54,855 Total: $200.000 (rounded) Parcel 106TCE Land: $3,000 Total Compensation for this ownership; $203,000 Form TADD — 'WInTOTAL' appraisal software by a la mode, inc. —1- 800- ALAMODE Packet Page -324- 10/9/2012 Item 11.13. Main File No. Parcel 106Fe TCE Packet Page -325- MainFil 10/9/2012 Item 11.B. Comparable Photo Page Borrower /Client Owner: United Tel. Co of Fl- Propertv Address 6666 Isle of Capri Road aka SR 951 city Naples County Collier State FL Zip Code 34114 Lender Collier County Growth Mana ement Div /ROW Comparable 1 SWC Pine Ridge Rd /Kraft Dr Prox to Subject 10.87 miles N Sales Price 13.97/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 4 15 ac Site Quality Age Comparable 2 W/S Collier Blvd /Sierra Meadows Prox. to Subject 3 19 miles N Sales Price 10.51 /sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View 1 42 ac Site Quality Age Comparable 3 Rt41 E /Courthouse Shadows Prox to Subject 6 03 miles NW Sales Price 11.681sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View 45 ac Site Quality Age Form PICP UR — WnTOTAL' appraisal software by a la mode, inc. -1- 800- ALAMODE Packet Page -326- Location Map 10/9/2012 Item 11.13. tea 'Code 34114 Borrower/Client Owner: United Tel. Co of FL Propeay AddrBSS 6666 Isle o_ f CaDri Road (aka SR 951) City Naples rn—fi, Collier State FL Tj Lender Collier County Growth Management Div /ROW a la mode, inc.' 9" i. San Carl,. Park ,k iti Beach .45 cwkw" ad Form MARLOC —WinTOTAL" appraisal software by a la mode, inc, — 1-800-ALAMODE Packet Page -327- M i e 10/9/2012 Item 11.13. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, 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 wen advised, and each acting in what he considers his own best interest; (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. * Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: TM appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to 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. 2 The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the 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. 4. 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. 5. The appraiser has estimated the value of the land in the cost approach at As 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. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) 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. Tice 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, 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other Parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department.. agency, or instrumentality of the United States or any state or the District of Columbia; except that the lenderichent may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising. public relations, news, sales, or other media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 1004B 6-93 600dkind & Swift, Inc. Form ACR — '9NinTOTAL" aooraisal software by a la mnde inr — 1.800•ALAMDDE Packet Page -328- wEff 10/9/2012 Item 11.13. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. 9 a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction, I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of 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. 5, 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. a. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set to* in the appraisal report. It I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report: therefore, it an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6666 Isle of Carin Road (aka SR 951). Naples, FL 34114 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson SRA Name: _ Date Signed: August 30 2012 Date Signed: State Certification #: RD3475 State Certification #: or State License #: or State License #: State: FL State: Expiration Date of Certification or License: 1V30,2012 Expiration Date of Certification or License: Did L; Did Not Inspect Property Freddie Mac Form 439 6 -93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form AIR — 'WinTOTAL" appraisal software by a la mode, inc. —1. 800- ALAMODE Packet Page -329- % j/ APPRAISAL REVIEW SUMMARY `� c� 10/9/2012 Item 11.B. Rr IAAAAARI7F.4 nATA FROM AN APPRAIRAI .CIGNFn AFTFR RFVIFWFR r)FTFPMINF.S APPRAI.SFR'S OPINIONS HAVF MARKFT•RASED SUPPORT DOES NOT INDICATE AGREEMENT WITH VALUE PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 108Fee 108TCE1 108TCE2 CEL AREAS: 22,341 320 200 UNIT VALUES: $ZO.00Isf 3 yr term 3 yr term OWNER: H & V Realty (Circle K) PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee and TCE parcels needed for the US 41/951 Intersection improvement projecL APPRAISER: Wilcox Appraisal DATE OF VALUE (INSPECTION) 9/4/12 DATE APPRAISAL RECEIVED: 9/17/12 DATE APPRAISAL APPROVED: 9118/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS [RMAINDER EE PAGE (s) 3743 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON E PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: Landscape, hardscape items, $55,100 „RIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY) Minor CosttO Cure (signange, lighting), net cost REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 446,800 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 55,100 _XA Adequacy and Relevancy of Market Research EASEMENT FOR: ^slope4andscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 3,100 X_ Reconciliation of Value Indications COST -TO -CURE: $ 27,000 _ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 532,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SPA, REVIEW APPRAISER DATE: 9/18/12 Packet Page -330- APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. Packet Page -331- i a 0 - - - - - -- • •• • - •� •-••�.. +.+:. a ,vmr�p nrrlTPINGR J Vl'RVl�/!VJ nvvt MHrcnt- t�a5tu JUNF'URT. DOES NOT INDICATEAGREEMENT WITH VALUE. PROJECT: US41- CRSR951 Intersection IMP. Project #60116 PARCEL NO(s): 109Fee PARCEL AREAS: 475 sf k T VALUES: $27,50 /sf NER: TJS Naples, LLC PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee parcel associated with the 951 -Rt 41 intersection improvement project APPRAISER: Wilcox Appraisal DATE OF VALUE (INSPECTION) 9/25112 DATE APPRAISAL RECEIVED: 9/26/12 DATE APPRAISAL APPROVED: 9128112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37A3 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: $3,000 reflects value of minor landscapefimgation in take. DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY) $500, minor cost to cure for reconfiguration of irrigation. REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): _X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope- landscape _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage _X_, Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): Sd$3 _X Reconciliation of Value Indications COST -TO -CURE: Other. SEVERANCE DAMAGES (Not Cured): Other. OTHER: FINAL VALUE ESTIMATE $ 16,600 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 9128112 Packet Page -331- i a 0 1 ! APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. SUMMARIZES DATA FROMANAPPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAIRFRIS OPIN10NR HAVF MARKFT -RASFO SIIPPI7RT DOF.S PJOT 1Nr)IrATF Ar;RFFMENTWTH VA1 OF PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 112Fee ,RCEL AREAS: 2568.19 sf UNIT VALUES: $181sf OWNER: Southern Management Corp. PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW necessary for intersection improvements associated with the 41 -951 improvement project APPRAISER: Kenneth Devos, MAI DATE OF VALUE (INSPECTION) 5/30112 DATE APPRAISAL RECEIVED: 6111112 DATE APPRAISAL APPROVED: 6112112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Traci, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None, unit price above reflects cleared out -parcel lands 1CRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right-of-Way Easement): $ 46,250 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ X_ Adequacy and Relevancy of Market Research EASEMENT FOR: _slope - landscape $ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X— Reconciliation of Value Indications COST -TO -CURE: $ _ Other. SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE $ 46,250 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 6112112 Packet Page -332- APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. - yr r.nrnw.. alai .CIIMAAAP17PZ n4Td ronil nu nnnnmme. ...... . Packet Page -333- 1 s - — -- -- - •• • -• • • •- ^� -•�• �� • ..«a .,n +mac vnrvwiv� nnvc rent i -cwacu bu1'1'Ult 1. DUtS NOT INDICATE AGREEMENT WITH VALUE PROJECT: US41•CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 113Fee 113TCE PARCEL AREAS: 1198 sf 650 sf UNIT VALUES: $9.00 /sf 3 yr term OWNER: New Plan Florida Holdings PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW and TCE necessary for intersection improvements associated with the 41 -951 improvement project. APPRAISER: Ken Devos DATE OF VALUE (INSPECTION) 6127112 DATE APPRAISAL RECEIVED: 7/20112 DATE APPRAISAL APPROVED: 7/23112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 3743 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: $2,100 reflects minor hadscape items DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Minor cure associated with reoonfguration of entry island, $1,200 REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right-of -Way Easement): $ 10,800 Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 2,100 Adequacy and Relevancy of Market Research EASEMENT FOR: slope- landscape $ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 900 Reconciliation of Value Indications COST -TO -CURE: $ 1200 _ Other. SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE $ 15,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 7/23/2012 Packet Page -333- 1 s APPRAISAL REVIEW SUMMARY 14 f 10/9/2012 Item 113. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET -BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT: US41- CRSR951 Intersection Imp. Project #60116 'CEL NO(s): 114Fee rr�RCEL AREAS: 3049.92 sf UNIT VALUES: $18 /sf OWNER: Sunturst Bank PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW necessary for intersection improvements associated with the 41 -951 improvement projecL APPRAISER: Kenneth Devos, MAI DATE OF VALUE (INSPECTION) 5130112 DATE APPRAISAL RECEIVED: 6/11112 DATE APPRAISAL APPROVED: 6112/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37 -43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: $309, reflects depredated value of light and poll a in take area. -- 6CRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Minor cure, $1,036 reflects net cost of new light and pole installation REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 54,900 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 309 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: — slope4andscape $ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ Reconciliation of Value Indications COST -TO -CURE: $ 1,036 Other. SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE $ 56,245 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data r REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 6/12112 Packet Page -334- APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIFWFR DFTFRMINF.0 APPRAMPP'.c DPINIOAM PA 1/9 AAA PKFLGA CFr1 QI 1PPr1AT rnncc AIOT IAIn1rATr ArOCrIJCAIT PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 115Fee PARCEL AREAS: 1.48 acres UNIT VALUES: $28 /sf OWNERS: MAR Investments LLC PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee Simple acquisition in the entirety of a vacant commercial parcel (defunct gas station improvements) for intersection improvements and stormwater pond associated with the 41 -951 improvement project APPRAISER: Integra Realty Resources (Mike Jonas) DATE OF VALUE (INSPECTION) 5/11/12 DATE APPRAISAL RECEIVED: 6/6/12 DATE APPRAISAL APPROVED: 617/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 3743 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: $150,000 (rounded) reflects value of impact fee credits associated with existing structures DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None (Total take) REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 1,800,000 _X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 150,000 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST -TO -CURE: $ _ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 1,950,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 617112 Packet Page -335- // f / .d APPRAISAL REVIEW SUMMARY " 10/9/2012 Item 11.13. SUMMARIZES DATA FROMANAPPRAISAL. SIGNED AFTER REVIFWFR DFTFRMrNF.¢ APPRX qFR ". nptNrnN.c NAVE AAARKFr RASFn cr rppnpr nncc Nnr rNnrra rc ar_acce rcnrr innru vn r rt PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 117SAT-f�,_ ARCEL AREAS: 2214.60 sf UNIT VALUES: $8.00 /sf OWNER: Southern Dev, PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Sidewalk easement needed for the US 411951 Intersection improvement project 50% encumbrance for sidewalk APPRAISER: Mike Jonas (integra) DATE OF VALUE (INSPECTION) 617112 DATE APPRAISAL RECEIVED: 617112 DATE APPRAISAL APPROVED: 7123112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #. Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37A3 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None SCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None REVIEWER CONCURS WI APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 18,000 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ _X Adequacy and Relevancy of Market Research EASEMENT FOR: slope- landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage S Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ Reconciliation of Value Indications COST -TO -CURE: $ v Other: SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE $18,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data I. REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 7/23/2012 Packet Page -336- APPRAISAL REVIEW SUMMARY .SIIMMt1Rl7FQ nd Td GDOAI nAl AODDAlcnf 10/9/2012 Item 11.13. Packet Page -337- - - - - - - -•- - •••• -••�•• " „•,,,•�� o� ovnivwrvonnvcn�f sn[ - DH�tUJUYYUKI. UUt SNUIINU1GAfLAUREEM[NT WITH VALUE, PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 118Fee PARCEL AREAS: 1518.06 UNIT VALUES: $8.00 /sf OWNER: Southern Dev. PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Sidewalk easement needed for the US 411951 Intersection improvement project 50% encumbrance for sidewalk APPRAISER: Mike Jonas (integra) DATE OF VALUE (INSPECTION) 6/7/12 DATE APPRAISAL RECEIVED: 617/12 DATE APPRAISAL APPROVED: 7/23/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) 5EE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 3743 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): None REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right-of-Way Easement): $ 12,000 Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope-landscape— $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST -TO -CURE: $ Other: SEVERANCE DAMAGES (Not Cured): $ _ Other. OTHER: $ FINAL VALUE ESTIMATE [REVIEW $ 12,000 APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 7/23/2012 Packet Page -337- I R I 1 APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. Q1IASALAPI7FC nAT4 FROM AN APPRAISAI SIC_NFn AFTFR RFVIFWFR nFTFRMir1FR APPRAI.CFR•.'i OPINlOt4.4 HAVE MARKET- -RASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT: US41- CRSR951 Intersection Imp, Project #60116 PARCEL NO(s): 119Fee 119TCE .ZCEL AREAS: 4241 1911 UNITVALUES: $15.00 3yrterm OWNER: ABC Liquors PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee and TCE parcels needed for the US 41/951 Intersection improvement project APPRAISER: Wilcox Appraisal DATE OF VALUE (INSPECTION) 9/4/12 DATE APPRAISAL RECEIVED: 9111/12 DATE APPRAISAL APPROVED: 9117112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37443 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: Landscape, hardscape and irrigation, etc. $29,300 ,CRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Cure for back -flow preventer and irrigation reconfiguration; $13,700 (net) REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 63,615 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 29,300 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: drainage $ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 8,600 X Reconciliation of Value Indications COST -TO -CURE: $ 13,700 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE t S $115,200 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 9112112 Packet Page -338- APPRAISAL REVIEW SUMMARY SIJUMAR17FfinATAFRi1MANAPPRAIQdf CfGAIGII ACTCO GC�nc�dico ncrraurnr�c nnnoerocon nn,. nnerr. ne,.r ..n n „rr .,.,.r,. n, '! 10/9/2012 Item 11.13. PROJECT: US41- CRSR951 Intersection Imp. Project #60116 PARCEL NO(s): 120Fee PARCEL AREAS: 2.97 acres or 129,391 sf UNIT VALUES: $8.50/sf OWNERS: Commercial Properties of SWFL PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW necessary for intersection improvements and stomrwater pond associated with the 41 -951 improvement project APPRAISER: Integra Realty Resources (Mike Jonas) DATE OF VALUE (INSPECTION) 5012 DATE APPRAISAL RECEIVED: 6/4/12 DATE APPRAISAL APPROVED: 615/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, F01io #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS 5EE PAGE (s) 37 43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None, land unit price above is inclusive of clearing and grading improvements. DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): $14,000 reflects the cost t0 amend the existing SDP for the remainder lands. REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE (Fee or Right of -Way Easement): $ 1,100,000 Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope-landscape $ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ Reconciliation of Value Indications COST -TO -CURE: $ 14,000 _ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 1,114,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 6/5/12 Packet Page -339- Goodkind & Swill, Inc. a6i 10/9/2012 Item 11.13. LAND APPRAISAL REPORT Project #60116 File No, Parcel 121TCE Borrower Owner: East Storesmart Naples LLC Census Tract 111.02 Map Roference S3451 -R25 Property Address 6810 Collier Blvd r- City Naples County Collier Stale FL Zip Code 34114 w Legal Description 3 51 26 BEG E1/4 Cor Sec 3 Run S 629.67ft N 54 Deg W on L 400ft N + Pad with N R/W SR 90 4350.31ft to E R/W m Sale Price $ NIA Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ leasehold ❑ De Minimis PUD Actual Real Estate Taxes $ 32,507.02 (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A Lender /Client Collier County Growth Management Div. /ROW Address 2885 S. Horseshoe Drive Naples, FL 34104 Occupant Owner Anoraiser Harry Henderson SRA Instructions In Appraiser Estimate Fair Com ens Ilion Parcel 121TCE Location tD Urban Z Suburban ❑ Rural Bull Up ❑ Over 75% Z 25% to 75% ❑ Under 25% Growth Rate ❑ Fully Dev. ❑ Rapid Z Steady ❑ Slow Properly Values E] Increasing X Stable ❑ Declining Damand/supply ❑ Shortage IZ In Balance ❑ Oversupply e Marketing Time C3 Under 3 Mus. ❑ 4.6 Mos. [ j Over 6 Mos. o Present % One -Unit % 2.4 Unit % Apls. 35 % Condo 35 % Commercial Land Use % Industrial 30 %Vacant _% m Change in Present ❑ Nat Likely ® Likely ( "j ❑ Taking Place (`) = Land Use ( *) From vacant To commercial w Predominant Occupancy E] Owner Ii Tenant 10 %Vacant Z One -Unit Price Range $ NIA to $ NIA Predominant Value $ N/A One -Unit Age Range N/A yrs. lo_N /A yrs. Predominant Age N/A yrs. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, Good Avg. Employment, Stab)pl ❑ ® Fair (-) Poor Convenience to ETPIli ❑ F1 F1 171 Convenience to Shopping [� ❑ ;^^� 1 l F-1 Converuence to Schools D X r J Adequacy of Public Transportation 1-i x U Recreational facilities I. -. I F-] I Adequacy of Ulilih El i Prooerty Compatibility Protection from Detrimental Conditions x 171 Ll Police and Fire Protection 01 General Appearanct of Properties El F1 rl Appeal to Market 01 r?' 0 ❑ schools, view, noise) See attached addenda. Dimensions Two part parent tract (bi- sected by entry drivewayparcel ) 3.58 acres ® Corner Lot Zoning Classification PUD - commercial component Present Improvements N Do ❑ Do Not Contorm to Zoning Regulations Highest and Best Use Z Present Use ❑ Other (specify) Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level Elec. [?'J Street Access ® Public ❑ Private Size Compatible with area w Gas ❑ i Surface Paved Shape Rectangular, two part Water Maintenance Z Public ❑ Private View Commercial San, Sewer Q Storm Sewer x Curb /Gutler Drainage Appears to be adecuate ❑ Underground Elect. & Tel. E Sidewalk Z Street Lights Is the property located in a FEMA Special Flood Hazard Area? Yes ❑ No Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions) Zone AE, #12021 C0604H, dtd 5/16/12 No adverse conditions observed. The subject lot is encumbered by standard perimeter roadway and utility easements. This appraisal considers land and effected improvements only (see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable properly is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; K a significant item in the comparable is interior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject. REM I SUBJECT PROPERTY COMPARABLE W.1 1 NO.2 COMPARABLE NO,3 Address 6810 Collier Blvd Naples, FL 34114 Heritage Bay- Immokatee Rd Nantes FL 34120 _WAPARAKE 11700 Tamiami Trail E. Na lei FL 34113 6240 Collins Blvd Naples, FL 34114 Proxim to Subject 14,56 miles N t.54 miles NW 1.05 miles 5 Sales Price $ NIA $ 6.97!sF $ 4:44rsf $ 3.55 /s1 1 Price $ IS 800.000 S 775.000 Data Sourcefs BK 4703 PG 2512 IBK 4609 PG 3037 BK 4565 PG 1392 z ITEM DESCRIPTK)N DESCRIFTtOfQ + - $Adjust. DESCRIPTION +AIS Adjust. DESCRIPTION + -)$ AdiusL Date of Sale'Time Ad. N/A 07/11 Nominal9 110 Nornmal4110 Nominal Location p SIONew Av ,Cgmm.Ex 3.58 acres S— imilar 111.53 acres In Sr'sfi4.13 ,Interior acres +1.65 in $fsf Similar 2.00 acres In ulsf n Zoning PUD - Commercial SPUD - Commercial I IC -3 Simlfa, C-4 Similar Ta ocra h �Lnvnl Level Levei Levi! Fac < Size tor ISlandard L roar +1.SO:Similar Similar 1 Salea ar Financing Concessicns it41A N/A i Nel Ad( otah + - $ 1.51 + - S 1.65 i Indicated Value of Subject Net ,21.5 % Gross 21.5 % S 8.47 No 3r.2 % Gross 37 > $ 6 09 Nel % Gross % Comments on Market Data See attached addenda Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only. The proposed taking parcel 121TCE has no impact on building improvements or hardscape. The taking parcel has no impact on the functional utility of the subject property. See comments in addendum. Z Final Reconciliation The appraised value for the subject parent tract lands reflects a umUprice of $8.50 10 or $1,325,000 total. The compensation value for parcel 121TCE (temporary construction easement) is based upon a 3 year term /duration I (WE) ESTIMATE THE MARKET VALUE, A$ QE frJptdEQ THE �S /BdECT_PRO.PE.RTY AS OF Ju r 16 ?012 TORE $ 200 (Farce! 121TCE1 o Appraiser Harry Henderson SRA f ✓� -� Sup_rvisory Appra ser (If applicable) u°r Date of Signature and Report July 16, 2012 Date Of Signature Title Review Appraiser Title State Certification # RD3475 ST FL Stale Certification # S1 Or State License # _ ST i Or State License # ST Expiration Dale of State Certification or License 11/3012012 Expiration Dale of Slate Certification or License Dale of ln.pecdqn {jf zppijcab!a! July 16. 2012 Old _ Did Not Inspect Properly Date of Inspection Form LAND - ^WinTOTAL^ appraisal software by a la mode, inc. -1- 800 - ALAMODE W",I1 Packet Page -340- 10/9/2012 Item 11.B. Sunnlpmpntal Arllrlia.,1 ­ • - --- ---- -- - - - -- ---... nr rdu."arcel121TCE Honawet /ClierA Qwner: East Storesma, Naples LLC Prapert Address 6810 Collier Blvd City Naples C.- Cofiier State FL Zip Code 34114 Lander Collia' Count Growth Man. amen( DIV. /ROW -Land: Neighborhood Comments The subject property (parent tract) is located on the east side of CR951 (Collier Blvd) close to the US 41 intersection in the East Naples area of unincorporated Collier County. This is a developing commercial corridor. Existing commercial properties in the immediate vicinity of the subject include a CVS store and the Freedom Square Shopping Center; a variety of other national brand retail establishmenlslbanksfgas stations are also nearby. The City of Marco Island Reservoir is located just north of the subject parent tract. A number of undeveloped commercial tracts remain in the area; these are poised for development once economic conditions improve. Development along US 41 east of the intersection is relatively sparse. Maintenance levels in the area are generally good. Parent Tract and Improvements The subject parent property consists of two tracts with a total land area of 3.58 acres. These tracts are improved with a self - storage facility known as Capitol Self Storage. The storage facility tracts are bi- sected by the entry driveway which provides access to the the storage facility itself as well as the Falling Waters Beach Resort complex situated immediately east of the subject parent tract. Building improvements include basic self storage units and the facility offices; site improvements include paved driveway areas, fencing, signage and landscaping. Building improvements and hardscape improvements are not impacted by the taking parcel and are therefore given no further consideration in this report, Parcel 121TCE Parcel 121 TCE is a temporary construction easement needed for the construction of intersection improvements associated with this project. This parcel is located at the southeast corner of the bi- setting entry drive and the southerly portion of the two piece parent tract. It is rectangular in shape (5ft x 13.858) and has an area of 69 sf. The use of this temporary construction easement is for the movement of men and equipment during the course of the intersection improvement construction period; it will have a 3 year term (duration). Site improvements located within the parcel area are limited to lawn sod. Any damage to this section of lawn caused by the TCE will be repaired /replaced by the contractor. • Land : Market Data Comments The subject and comps are compared on a unit/price basis ($ /sf) which eliminates the need for direct size adjustments. All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property. Location adjustment for Comp #2 reflects its location away from any major intersections in a less intensively developed stretch of the East Trail. Size Factor adjustment for comp #1 reflects economies of scale whereby, all else being equal, significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts. The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of $6.09 /sf to $9.55 /sf; all factors considered, a mid -range value of $8.50 /sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands: $8.50 /sf x 3.58 acres (155,940 sf) = $1,325,000 (rounded) Valuation of Parcel 121TCE At a unit price of $8.50/sf and a 3 year term for the TCE; the compensation value for the TCE is valued as follows: 69sf x $8.50 /sf = $586.50 x 10% (land cap.rate) x 3yrs = $176, called $200. Form TADD — 'WinTOTAL' appraisal software by a la made, inc. —1. 800- ALAMODE Packet Page -341- 10/9/2012 Item 11.13. Main f Subject Photo Page BorrowerfGtienl Owner., East St:oresrnart Nantes LLC PrOpert Address 6810 Collier Blvd City Naples County Collier State FL ZIP Code 34114 Lander Collier County Grewth Manatfernent Div./ROW Subject Parent Tract Aerial 6810 Collier Blvd Sales Price NIA Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Avg.Comm.Exp. View 3.58 acres Site Quality Age Subject Parcel Area Form PICPIX.SR — 'WinTOTAL' appraisal software by a la mode, inc. —1. 800- ALAMODE Packet Page -342- Subject Street Collier Blvd Comparable Photo Pane 10/9/2012 Item 11.13. Comparable 1 Heritage Bay - Immokalee Rd Prox, to Subject 14.56 miles N Sales Price 6.97/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 11.53 acres Site Quality Age Comparable 2 11700 Tam iamiTrail E. Prox to Subject 1.54 miles NW Sales Price 4 44 /sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View 4.13 acres Site Quality Age Comparable 3 6240 Collier Blvd Prox. to Subject 1.05 miles S Sales Price 9.55/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 2.00 acres Site Quality Age Form PICPV CR — 'WinTOTAL' appraisal software by a la mode, inc. —1. 800- ALAMODE Packet Page -343- 10/9/2012 Item 11.13. Location Mao BoTrolaor /Cliud Owner. East 5toresmart Naoles LLC PmpeJl Address 6810 Collier Blvd 2t__Nagles cotlilly Collier State FL Tip CDde 34114 Lender Collier County Growth Manai perne -nt Div. /ROW a la mode inc : Puivase,FARM$ I.An16 r[.A iY'v'•5P'FESS s hL1RK a[ t1AL 013 JOIIN3O•1 Springs BM "-A B[ACN Ra,a' O,. E- . ItRt1 0.t1VD �LALA tnCll [JI ,Mt NC " QIIAI iVGT PH II DAtI 4p51:+L5T RImLNioc i =DL 014%%7v, Axs DACKNNPS EAST ., . xx yr L. t t+E Na& ��Ltcti,t (•SI 7 - - . _ _ u.ve ... _ ...... _ I, tyro + ma uRA RLCA,'r � ✓ Dr3 cl 1 7 11'CHLz r!,\ +,i'.STLC%N V,:- AT 1.4 -r-A" •. CCnTLR 4IMT oE]7t CSSte f $S! 4 (3 IM :LCVL 1sT I L, .Icon �. L>ALS y V "NL, " r $.�Hr take : 3 ail Palm River- LklEtou � rATS :Dt •;' - .rIS46 : IiAA'1Jvt �� Estates � � RAaSS.: . •:_ .. ., , l Naples Park I D glu;�•,r:D " ' ' _ R nakalce Rd uAR ,• - r,��An HEm:AU Sv Z D'_:OMMC2 =C*_tlTtR CL•Trd.. [LNS 10* CG': SUJ II ind TCN cv c PL:I iAKE I.D1.{_•IJr[ i,'1Er:CATO -STATLS ".'. i 'W.AHnr,I1Il_Ton LRIWN. m G Ctw DanTOVantlerUd[Beach Oy'J:silt[ stn ntr, J•. IAIIC VCn CTI VU.L• ,n2E �A '.70a CP.Cci fJiGN7 iRt' rfPJ_h. `�aF •'- ^•' VISSICiN I +II Pelican Bay ti t k; "i`T[ r North Naples Vineyards 14.56 miles :fiR is Cnva t .0 C o L L AZT,.•a PV,Z/ Of_i1>v- G vl.Ve:L 1_r'L'IncL ARM: Sr•. i:,'::5 PL:E LVYl,3,0� �alJJr) APArrr,ir.NTS .. 41 uwt Golden Gate x851 . 2 ' I L. `} ti J_DEN GATE 41_L%s •- '.: L7L;u:SS X 951 m 31 1 _ '..Golden Gath'ptwy G ta[r.ti•TL C[n r[; ( CiJMMEA!:L nR :?.q rra tltq.: L Y vtLn.[ GA ncr•t�CD '' SA Cuoa :,n Y%VVN +r•LAId Hadlo Ad S f'„ II ?PArI VILAGC1yy1 ,Ztt4?.Tr ----- � 14-11 +"UArider P.u'A :.CAV.CGrt _nr-SC Woo--. S .. C rvv, Gt:Nr, DC t�J r Nec.a 4 +rtt: Naples East Naples _� tE etht7. au a tort SPA•NG „OOD I 0.,--k RI -•.[ SI *PM AT SANTA 1 i tiJYki 3` +i L. OAVCAPn Lyrsr i,zrnvrJ. I - C'au;^ a_ L i11A:•CAA; i .ulr:a + {+aML o?t l ^.•knn:n, Ekr.`[S5 IstAn ;i - tuLtraif•J :a. :'r J "?r.i NUf'ING'.pN N'nCY.- I Lu.,wotK Par LOMMLRCC CENTP.0 •7 'r ::l'hD:OVG... - .LEE P „JIS OF $CFP., Lely, J R7CKT ['GL Ll' ^'.1 VI +CbSE . Lln >;;,r 9511 clot• Naples Manor . TALC Taos ✓-T. 1. Subject Vtaq TWOM 11 (,4J Lely kesoq,: 6810 Collier PPsn. Ct ftlArt , JI'9 J >u. rhs comparable H6; GaD rnt;v:u LNi,T;AS U'[Aat Rcso2+ 11700 TarnWrni Trail.E. CnNP. 1.54 miles _, H•�tRCCNU 1 90 Belle do i +ALN n ukcs II a. V r /eCl Shell island 81 S a 62ndA "SL 60th A- SE - 1 w 5 t is II'l •RES ...: .. .... Suv ' •,L+ oI Roy'i Palm Up-, Hnmmotk . ISIO or cJpo }},, : , 3.711111r;5 S }:-)9 nS bu.• Td. tr r'.v,' fiw ropotJ yR E+dll hJwseravat J Jl %1LL:"iAV' olJiL Fort MAP.LOC — 'ftTOTAL” appraisal software by a is mode, inc.— 1-800-ALAMODE Packet Page -344- 10/9/2012 Item 11.13. DEFINITION OF MARKET VALUE: The most prebabla price which a property should bring in a competitive and open market under all conditions requisite to a fair safe, the buyer and seller, each acting prudently, knowledgeably and assuming the price is rol affected by undue slimuias. Implicit In this definition is the consummation of a sale as of a specified date and the passing of hue Item setter to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are wan Informed or wag advised, and each acling in what he considers his own best Interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto; and (5) the once represents Me normal consideration for the property sold unaffected by special or crealhil financing or sales Concessions' granted by anyone associated with the sate, `Adjustments to the comparable$ must he made for special or creative financing or sales concessions, No adjustfents are necessary for chase costs which are normally paid by sellers as a result of tradition or taw in a market area; these costs are readily identifiable since the Seller pays these casts In virtually all sales transactions. Special or creative financing adjustments can be made to Are comparable property by comparisons to financing terms Offered by a third party instlhdioral lender that is not akeady irwoNed In the Property or transaction. Any adjustment should not he calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approfdmaL the market's reaction to the financing or concessions based an the appraiser's judgement STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to 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 A being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to stow approximate dimensions of the improvements and the sketch is included orgy to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the 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. 4. 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. 5. 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. 6. The appraiser has noted in Ore appraisal report any adverse conditlorts (such as, needed repairs, deprectotion, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of Ole subject property or that he or she became aware of during the normal research involved In performing the appraisal. Unless Otherwise slated In the appraisal report, the appraiser has no knowledge of any Widen or unapparenl conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic sulinticm 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, expross or emoted, rrgafdng the condition of the properly. The appraiser will nut be responsible for any such conditions that do exist or lot any engineering or lesting that might be required to discover whether such conditions exist Because ilia appraiser is not an expert in the :field of environmental hazards, the appraisal report must not be considered as an environmental assessment of ter-_ property, 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and 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. B. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior wetter cmrsent before file lendertctieni specified in Ilia appraisal report can distribute Ore appraisal report (including conclusions about the property value, 1110 appraiser's nlentily and pmiessional designatorrs. and ret.rences to any professional aporaisat Organ-lations or the fhm with which flan appraiser is associated) to anyone other than the burrower, the mu°tgagse or its successors and asslgrn; the mortgage mcurar: con ulfarls; proessiona; appraisal organ atoll any stela or federally approved financial ins tulion; or any department. agency, or trisiturrierfielity or fine United States or any state or Are Oisldet of Columbia; except that Ilp Iender(clierr may disUfbute the properly description Becton of th,, report oniy ro data colt.ohun Or reporting Service(s) witnobi having to obtain the appraiser's prior written conse t The appraiser's writt r consent arcJ appsova? must also be obiair10d before 10 appraisal can be conveyed by anyone I) Cne poblic Mroupt :pvz sing. pubic relations, news, safes, O other media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 10048 6 -93 Goodkind & Swift, Inc. Form ACR — 'WinTOTAL' appraisal software by a la mode, inc. —1- 800- ALAMODE Packet Page -345- Mai 10/9/2012 Item 11.13. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a rrnimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those Items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, If a significant item in a comparable property is interior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of 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. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of tills appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, it an unauthorized change is made to the appraisal report, I will lake no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6810 Collier Blvd Naples FL 34114 APPRAISE Signalure: /L I ` 1� Name: Harry Henderson, SPA Date Signed: July i 6. 2012 Stale Certification #: RD3475 or State License #; State: FL SUPERVISORY APPRAISER (only if required): Signature: Name: Date Signed: State Certification o or State License #: State: Expiration Dale of Certification or License: 11/3012012 _ Expiration Date of Certification or License: ❑ Did ❑ Did Not Inspect Property Freddie Mac Form 439 6 -93 Page 2 012 Form ACR — 'WinTOTAL' appraisal software by a la mode, Inc. —1- 800- ALAMODE Packet Page -346- Fannie Mae Form 1004B 6-93 Goodkind it Swift, Inc. Mai 10/9/2012 Item 11.13. ' LAND APPRAISAL REPORT Plt, i ­ rcuu NP. Nr, P.r .t 11)Tr•G Borrower Owner: Falling Waters Beach Resort MA Census Tract 111 02 Map Reterence S3- T51 -R26 Property Address Beach Boulevard (E /S Collier Blvd) ti City Naples County Collier Stale FL Zip Code 34114 wiLegal Description 3 51 26 That Portion of Sec 3 Desc in OR 2471 PG 1821 (portion of Commercial Parcel A) co Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z Fee ❑ Leasehold ❑ De Minimis PUD co Actual Real Estate Taxes $ N/A (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A Lender /Client Collier County Growth Management Div. /ROW Address 2885 S. Horseshoe Drive, Naples, FL 34104 Occupant Owner Appraiser Harry Henderson, SRA Instructions to Appraiser Estimate Fair Comocnsation, Parcel 122TCE Location U Urban X Suburban ❑ Rural Built Up ❑ Over 75% ® 25%1075% ❑ Under 25% Growth Rate ❑ Fully Dev. ❑ Rapid CJ Steady ❑ Slow Property Values ❑ Increasing ® Stable ❑ Declining Demand/Supply ❑ Shortage ® In Balance ❑ Oversupply 6 Markeling True ❑ Under 3 Mos. ❑ 4.6 Mos. 0 Over 6 Mos. Present % One -Unit % 2.4 Unit % Apts. 35 % Condo 35 % Commercial Land Use Industrial 30 %Vacant _% m Change in Present E] Not Likely ® Likely (') ❑ Taking Place (') Land Use (�) From vacant To commercial M Predominant Occupancy ❑ Owner ® Tenant 10 % Vacant z One -Unit Price Range $ N/A to $ NIA Predominant Value $ N/A One -Unfl Age Range N/A yrs" to N/A yrs. Predominant Age N/A yrs, Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, I Good Employment Stability Avg, Z1 Fair Poor p Convenience to Employment ID Convenience to Shopping xi 1 FConvedence to Schools I 1 I Adequacy of Public Transportation F-I X {7 Ll I Recreational Facilities [ I AdeouacyofUtilfties l Property C0 atibit r Protection tram Detrimental Conditions —) Police and Fire Protection El >;) El El Fdemeral Appearance of Properties ❑ (�1 1"-1 meal to Market ❑ xj schools, view, noise) See attached addenda. Dimensions portion of Commercial Tracts as per PUD = called 3.58 ac ❑ Corner Lot Zoning Classification PUD - commercial component Present Improvements ® Do ❑ Do Not Conlon to Zoning Regulations Highest and Best Use [>J Present Use ❑ Other (specily) Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level Elec. I Street Access ® Public ❑ Private Site Compatible with area uu Gas ❑ I Surface Paved Shape Rectangular Water [: j Maintenance ®Public ❑ Private View Commercial San. Sewer L4 I Storm Sewer ® Curb /Gutter Drainage Appears to be adequate ❑ Unoerproand Elect d T el. _U Sidewalk Street Lights Is the property located in a FEMA Special Flood Hazard Area? 9 Yes ❑ No Comments (favorable or unfavorable including any apparent adverse easements, mcr0achments, or other adverse conditions) Zone AE, #12021 C0604H, dtd 5/16/12 No adverse conditions observed The subject lot is encumbered by standard perimeter roadway and utility easements This appraisal considers land and effected improvements only (see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject: if a significant item in the comparable is inferior to or less favorable than the subject property, a plus ( +) adjustment is made thus increasing the indicated value of the subject ITEM i SUBJECT PROPERTY j COMPARABLE N0. 1 1 COMPARABLE NO.2 COMPARABLE NO.3 Address Beach Boulevard (E/S Collier Blv',Herjtage Bay-tmmokalee Rd Naples, FL 34114 INactles FL 34120 11700 Tamiami Trail E. INa les, FL 34113 _ 6240 Collier Blvd Naples FL 34114 Proximity 10 Subiecl 14 45 miles N 11.60 miles NW 1.17 miles S Sales Price S NIAI 1$ 6.97/st is 4.44 +s. $ 9.551sf y Price $ I 3,500.000 is 800,000 $ 775.000 J Data SourcO(s IBK 4703 PG 2512 iBK 4604 PG 3037 BK 4565 PG 1392 i ITEM DESCRIPTION 1 DESCRIPTION . + - s AdiusL I DESCRIPTION + - $ Adjust" DESCRIPTION I +(- A AdjusL Dale of Sale/rimeAd. NIA 107111 1 Nornina119r10 Nominal 4110 Nominal GLocation Avq.Comm-Exp. (Similar ( Interior x1.65 Similar o Slla lew called 3.58 ac 11.53 acres 1 In Sls'14.13 acres In Slsf 2.00 acres In Sisf w Zoning PUD - Commercial 'PUD - Commercial I IC -3 Similar C-4 Similar To oora h Level ;Level I ILevel Ltivc:r Site Factor (Standard !Larger +1.50!S.miiar Stmiiar Sales w Financing Concessions INIA IWA Net Adj. (Total) + 1- + - s 1.65 + j - IndicatedValua of Subject Net 215 % Gross 215 % S 8 47 Net 37.2' % Gress 372 % S 6 "09 Not Gross % .55 IS-9 Comments on Market Data See attached addenda. Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only. The proposed taklne Darcel 122TCE has no impact on building improvements or hardscape. The taking parcel has no impact on the functional utility of the subject grope ty. See comments in addendum. a Final Reconciliation The appraised value for the subject parent tract lands reflects a unit/price of 58.50 /sf or S1,325,000 total The compensation value for parcel 122TCE (temporary construction easement) is based upon a 3 year term /duration I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF Julv 16, 2012 . _ _ TO BE S _1700 {Parcel'22TCEI Z Appraiser Harry Henderson, SRA Supervisory Appraiser (it app06abie) w Date at Signature and Report July 16, 2012 Dal. of Signature = Tide RevievvAppraiser Title State Certification # RD3475 ST FL Slate Certification # _ ST Or State License # ST _ Or State License # ST _ Expiration Date of State Certification or License 1113012012 Expiration Date of State Certification or License Gate 01 InsR ti0n trt app[icableY July 16. 2012 7, Did 1_-'1 Did No? Inspect Property Date of Imspe.tion Form LANU —'win I U IAL' appraisal software by a la mode, inc. —1 -800- ALAMODE Packet Page -347- Vol, ri Emi 10/9/2012 Item 11.13. Sunnlementni adripnrinm 8anowerlc5erd Owner. Failing Waters Beach Resort MA Proaerty Address Beach Boulevard (E /S Collier Btvd1 Cit Nantes Count' Colrier Stale FL Zip Cade 3411x4 LeOder Collier L;oun Growth Management Div. /ROW • Land: Neighborhood Comments The subject property (parent tract) is located on the east side of CR951 (Collier Blvd) close to the US 41 intersection in the East Naples area of unincorporated Collier County, This is a developing commercial corridor. Existing commercial properties in the immediate vicinity of the subject include a CVS store and the Freedom Square Shopping Center; a variety of other national brand retail establishments/banks /gas stations are also nearby. The City of Marco Island Reservoir is located just north of the subject parent tract. A number of undeveloped commercial tracts remain in the area; these are poised for development once economic conditions improve. Development along US 41 east of the intersection is relatively sparse. Maintenance levels in the area are generally good. Parent Tract and Improvements The greater parent tract property is the Falling Waters Beach Resort residential condominium complex having a total acreage of just over 71 acres (residential portion). The subject parcel is located within the entry drive (Beach Boulevard) which provides access to the residential complex as well as to commercial areas fronting Collier Blvd. The commercial tracts are improved with a self- storage facility known as Capitol Self Storage. The subject portion of the entry drive (Beach Blvd) is identified as commercial land within the PUD document. For the purpose of this analysis the subject parent tract is considered to be the commercial component of the PUD (synthetic construct as per ownership) having an area of 3.58 acres. As such, commercial land pricing can be applied to the take area to the benefit of the owner. Building and signficant site improvements are not impacted by the taking parcel and are not considered in this report Parcel 122TCE Parcel 122 TCE is a temporary construction easement needed for the construction of intersection improvements associated with this project. This parcel is located across a small strip of the entry drive (Beach Blvd) into the Falling Waters Beach Resort complex (adjacent to the Collier Blvd ROW). It is rectangular in shape (5k x 96.15ft) and has an area of 481 sf. The use of this temporary construction easement Is for the movement of men and equipment during the course of the intersection improvement construction period; it will have a 3 year term (duration). Site improvements located within the parcel area are limited to minor plantings within the driveway island and curbing /pavement. A $500 allowance is provided to cover the cost of replacing any plantings damaged within the TCE area. Mardsuape items (curbs) shouid not be impacted or will be repaired by contractor, Land : Market Data Comments The subject and romps are compared on a unit/price basis ($ /sQ which eliminates the need for direct size adjustments. All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property. Location adjustment for Comp 42 reflects its location away from any major intersections in a less intensively developed stretch of the East Trail, Size Factor adjustment for comp #1 reflects economies of scale whereby, all else being equal, significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts. The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of $6.09 /sf to $9.55 /sf; all factors considered, a mid -range value of $8.5D /sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands: $8.50 /sf x 3.58 acres (155,940 so _ $1,325,000 (rounded) Valuation of Parcel 122TCE At a unit price of $8.50/sf and a 3 year term for the TCE; the compensation value for the TCE is valued as follows: 481 sf x $8.50 /sf = $4088.50 x 10% (land cap.rate) x 3yrs = $1226, tailed $1200. Pius $500 allowance for any damaged landscape items; Total Compensation: 11M Form TADD — 'WinTOTAL' appraisal software by a la mode, inc. — 1-800-ALAMODE Packet Page -348- pv 10/9/2012 Item 11.13. Subject Photo Paue Form SUBLG2 — 'WnTOTAL' appraisal software by a la mode, inc. — 1- 800- ALAMODE Packet Page -349- Subject Front Beach Boulevard (E/S Collie Sales Price N/A G.LA. Tot. Rooms Tot. Bedrms. Tot. Bathrms. Location Avg.Comm.Exp. View called 3.58 ac Site Quality Age Subject Street M 10/9/2012 Item 11.13. Corrf;aarable Photo Pane Borrower;Client Owner: Falling Waters Beach Resort MA Promrly Address Beach Boulevard (FJS Collier Blvd C� Naotes County Collier State FL Lo Code 34114 Lender Collier Count GmvAh Management Div. /ROW Comparable 1 Heritage Bay - Immokalee Rd Prox to Subject 14.45 miles N Sales Price 6.97/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 11.53 acres Site Quality Age Comparable 2 11700 Tamiami Trail E. Prox to Subject 1.60 miles NW Sales Price 4.44/sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Inferior View 4.13 acres Site Quality Age Comparable 3 6240 Collier Blvd Prox, to Subject 1.17 miles S Sales Price 9.55 /sf Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Similar View 2.00 acres Site Quality Age Form PICPXCR — 'WhTOTAL' appraisal software by a la mode, inc, —1- 800- ALAMODE Packet Page -350- Ma 10/9/2012 Item 11.13. Location Man Borruwer /Dent Owner. Fauin Waters Beach Resort M_A Prn ert Address Beach Boulevard tE1S Collier Blvd city Na les Cuurrt Cotta( State FL Zip Code 3 <114 Lander Collier County Grownl Management i)iv.1ROW mode, inc: rt �> JL "LLVi`Y' hT�tAaR>4ir , wrevr recrK.oc, rkt RL.F err S1t72R � Srtlflc bran C#rC fUF t 1nutLOZ, • 4 Fitt. tti QSJ^ .. 9 _r c x.[cr Comparable f •cam L, Heritage r - art: 14.45 miles L1vM "CM:Fi � .' .., 2 851 'J_a V T C:6" r 9S1 fi i Goldm CuM1E y J K '.r .. nnq¢FnR�4y �:a:r�t✓ 1'1 t [V•.t A.[:. C Leo- " [ .Pv,.., kadm RU. [ r o ?u�r \I ^[ `•°Yt. A :FFCY F .•ter. ;, y,.v �J J,Y,t'.. - 41 CI ra;a� 7 GU.NN C• .. :Ji r f C 3 iLr Naples East Naples r \a L r_•o 6T [ Pa ,,.,vxC C. 1 Mf_.;C III Pl Sea Tr OL- i `- IJ.,. JI[ ".VL JJi`.fw\Yj - Y•i�.Ln. S_..J h:; U�:I•:[-�F: rG� ^u H'f 1, .I, �:.:KL .^nLFC[ fi+,';![ OC Lely Subject Beach i SO, Naples Manor Boulevard L._r.nmrr.,' 4t i Lely R 4Fo 1L \aanu: -. l -: E..J r. _. .. s... ^v. =u •:L`o. J:r TZ' f 1 1 Ulle .Cade 1.60 miles cT t shell W.) Id Comparabli, 151' 6240 r � Audil0lr Marco Island -riy _3 Rirer. ., CwLL A n1 ^ t Palrn P.nrer L^JJG 2s 1� take < jai i tiUJN hT[C1J.5 �;,ry� p Estates � ( Na les Park - �r7atJa C Lim" "- . minokitCa Rd a • \r na,o ".�iR [i ra r8 L Hcerr r Voce C aCUl L i}•7Lr Y.`ti'.1r �Atl Gr _ G � ii �7• v y (vlrs J ,JQ? R Jt h ^ T,(Tr : Hau.�4TOt: pf'KC'L/ .Ct {ni -Crd .. �r.LT tL VandeWlt Beach jE+ %t C y, �•l;S Lfa= M sc I J. 'CCxF�_i LC V•.TS'!C_Ve LS..f C0.0 RJ .� F41Tzi -�v rr.r�5s� ». � ._ . >rsrt +• - Pelican Bay r cQ C; _�Y v•, ; •. n„ RmSC n North Naples Colder. G... Blvd \V , W61 - 6e,rLLVanU . , N Vineyards Cti,rca _r c x.[cr Comparable f •cam L, Heritage r - art: 14.45 miles L1vM "CM:Fi � .' .., 2 851 'J_a V T C:6" r 9S1 fi i Goldm CuM1E y J K '.r .. nnq¢FnR�4y �:a:r�t✓ 1'1 t [V•.t A.[:. C Leo- " [ .Pv,.., kadm RU. [ r o ?u�r \I ^[ `•°Yt. A :FFCY F .•ter. ;, y,.v �J J,Y,t'.. - 41 CI ra;a� 7 GU.NN C• .. :Ji r f C 3 iLr Naples East Naples r \a L r_•o 6T [ Pa ,,.,vxC C. 1 Mf_.;C III Pl Sea Tr OL- i `- IJ.,. JI[ ".VL JJi`.fw\Yj - Y•i�.Ln. S_..J h:; U�:I•:[-�F: rG� ^u H'f 1, .I, �:.:KL .^nLFC[ fi+,';![ OC Lely Subject Beach i SO, Naples Manor Boulevard L._r.nmrr.,' 4t i Lely R 4Fo 1L \aanu: -. l -: E..J r. _. .. s... ^v. =u •:L`o. J:r TZ' f 1 1 Ulle .Cade 1.60 miles cT t shell W.) Id Comparabli, 151' 6240 r � Audil0lr Marco Island -riy _3 Rirer. Fomt MAP10C — •ydnTOTAL° appraisal software by a la mode, inc— 1ZG ALA1vTDDE Packet Page -351- f41j ROy�LPalrn Hammock f•er- Sammole Srale ry A 42 O;d Grove Voce Buy 3 miles Fomt MAP10C — •ydnTOTAL° appraisal software by a la mode, inc— 1ZG ALA1vTDDE Packet Page -351- c 10/9/2012 Item 11.13. DEFINITION OF MARKET VALUE: The most probable price which a property should bring In a cumpetieve and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming fire 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 We from sailer to buyer under conditions whereby: (t) buyer and seller are typically motivated; (2) both parties are *0 Wormed or well advised, and each acting in what he considers his own best interest; (3) a reasonable lime is altwed 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) he price represents the normal consideration for the property sold unaffected by special or creative financing or Sides concessions' grarded by anyone associated with the sale. `Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing term offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to iL The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the tiger. The property is appraised on the basis of it being under responsible ownership. 2 The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3. 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. 4. 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. 5. 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. 6. The appraiser has note( in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, Inc,) observed during the inspection of the subject prapedy 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 knowbcdge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances. Ott.) that would make the property more or less valuable, and has assumed that [hone are no such conditions and makes no guarantees or warranties, express or Implied, regarding Me condition Of 1113 property, The appraiser will not be responsible for any such conditons that do exist or lot any engineering or testing that might be required to discover whetirer such conditions exist, Because tho appraiser Is not an expert in the field of envronmentai hazards, the appraisal report must not be considered as an environmental assessment Of the property, 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of Such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. % The appraiser must provide his or he; prior wrthon currserd before the lenderltl nt specified In the apprai al roport can distribute the appraisal report (Including Conclusions about fire property value, the appraiser's ideni'ty and prolessiOnai designations, and reierenaes io any professional appraisal Onganizat<Ons Or the firm with which the appraiser is associated) to anyone other than the barrowe; he mortgagee or Its succcssurs and assions; ith~ mO gaoo insurer, consultants; pioi%sioral appraisal ornaratatluns; any state or tederalfy approved financia irsRution, or any deparrm nt, agency, ar mstrumpr1871ty of fire United States Or any state or th, District of Columbia; except Ihat the ierderTcaenl mry dist6t)V the woperly description section of the report only to data _O'c:tion Or reporting service(s) wlihoul having iO obtain tine appraisers prior wrltlan consent, Tt-- appraisers written consent and approval must also be Wainud before the aporaisaf can be eOnveyuo by anyone to the public thro:lgh advecbsMg, pubis, relations, news, sales, or othor media. Page i of 2 Fannie Mae Form 1004E 6.93 600dkind & Swift, Inc. Form ACR — 'WinTOTAL' appraisal software by a la mode, Inc. —1- 800 - ALAMODE Packet Page -352- Mai 10/9/2012 Item 11.B. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. 11 a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is interior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limning conditions specified in this form. 4. 1 have no present or prospective interest in the property that Is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of 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. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisaf is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. B. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report It I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report: therefore, if an unauthorized change is made to the appraisal report, I will lake no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Beach Boulevard (E /S Collier Blvd) Naples FL 34114 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson SRA Name: Date Signed: _July 16 2012 Date Signed: State Certification #: RD3475 State Certification #: or State License #: or State License #: State: FL State: Expiration Date of Certification or License: 11/30/2012 _ Expiration Date of Certification or License: Did ❑ Did Not Inspect Property Page 2 of 2 Fannie Mae Form 10048 6 -93 Form ACR — 'WinTOTAL' appraisal software by a la mode, Inc. — 1- 800-ALAMODE Packet Page -353- APPRAISAL REVIEW SUMMARY "Z 10/9/2012 Item 11.B. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINESAPPRAI SFR'S OPINIONS HAVE MARKET -aASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT: US41- CRSR951 Intersection Imp. Project #60116 ' RCEL NO(s): 123Fee ARCEL AREAS: 42,593.33 sf UNIT VALUES: $8.50 /sf OWNER: ESPROP LLC PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW necessary for intersection improvements associated with the 41 -951 improvement project APPRAISER: Integra (Mike Jonas) DATE OF VALUE (INSPECTION) 617112 DATE APPRAISAL RECEIVED: 6/25/12 DATE APPRAISAL APPROVED: 6/25/12 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc.) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37 -43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: $35,000 reflects depreciated value of large sign in take area ASCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Minor cure, $4000 reflects net cost of sign replacement in after condition. REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 362,000 X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ 35,000 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: _slope - landscape $ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage S _X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ Reconciliation of Value Indications COST -TO -CURE: $ 4,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: FINAL VALUE ESTIMATE $ 401,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL: HARRY HENDERSON, SRA, REVIEW APPRAISER DATE: 6/25/2012 Packet Page -354- a ,- APPRAISAL REVIEW SUMMARY 10/9/2012 Item 11.13. �,,....wn,��oneTnrOV,6AlA A) A t DOES NOT INDICATE AGREEMENT WITH VALUE . PROJECT: US41- CRSR951 Intersection imp. Project #60116 PARCEL NO(s): 124Fee PARCELAREAS: 10,220 sf UNIT VALUES: $8.50 /sf OWNER: Beaumans LLC PURPOSE OF APPRAISAL & INTEREST BEING ACQUIRED: Fee simple ROW necessary for intersection improvements associated with the 41 -951 improvement project. APPRAISER: Integra (Mike Jonas) DATE OF VALUE (INSPECTION) 611112 DATE APPRAISAL RECEIVED: 716112 DATE APPRAISAL APPROVED: 719112 SEE PAGE(s) 2 FOR SUMMARY PROPERTY DESCRIPTION (Zoning, Size of Parent Tract, Folio #, Assessed Value, etc,) SEE PAGE(s) 26 HIGHEST AND BEST USE ANALYSIS SEE PAGE (s) 37 -43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s) AND TREATMENT BY APPRAISER: None DESCRIPTION OF SEVERANCE DAMAGES AND COST -TO -CURE (IF ANY): Minor cure, $24,000 estimated to cover cost of site plan re- configuration after the take. REVIEWER CONCURS W/ APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: X Determination of Parent Tract LAND VALUE (Fee or Right -of -Way Easement): $ 87,000 _X_ Highest and Best Use Conclusions (before & after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: —slope - landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: _drainage $ X_ Approaches to Value Employed (and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X Reconciliation of Value Indications COST -TO -CURE: $ 24,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER. $ FINAL VALUE ESTIMATE $ 111,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data I REVIEWER'S APPROVAL: HARRY HENDERSON. SRA, REVIEW APPRAISER DATE: 7/9 /2012 Packet Page -355- a �