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Agenda 12/11/2012 Item #16C212/11/2012 Item 16.C.2. EXECUTIVE SUMMARY Recommendation to (1) approve the Utility Easement Agreement with First Choice Storage, L.C. for the acquisition of a Utility Easement to accommodate improvements to Pump Station 312.21 for a total cost not to exceed $7,250, Project Number 70046, and (2) accept the proposed Utility Easement on behalf of the County and direct staff to record same. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District ( CCWSD), approve the attached Utility Easement Agreement and accept a Utility Easement from First Choice Storage, L.C., which is needed to accommodate planned improvements to the pump station and for the ongoing operation and maintenance of Pump Station 312.21. CONSIDERATIONS: Collier County Public Utilities Division is continuing its program to upgrade pump stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, and reliability upgrades. The existing wastewater easement in the area of Pump Station 312.21 is insufficient in size to accommodate the improvements; the easement footprint needs to be enlarged and the property owner, First Choice Storage, L.C. is willing to grant an easement for the pump station to CCWSD at the cost of its appraised value. Real Property Management's in -house Real Estate Appraiser has determined the fair market value of the property to be $7,150. The property owner has executed the Utility Easement documents required for conveyance to the CCWSD for $7,150. FISCAL IMPACT: The total outlay should not exceed $7,250 for the purchase and recordation of the Utility Easement and title clearing document. Funding is available in and is consistent with the FY13 Capital Budget approved by the Board on September 20, 2012. The source of funding is the Wastewater User Fee Fund 414. Funds are available in Project 70046, Wastewater Pump Station Technical Support Proj ect. LEGAL CONSIDERATIONS: The Utility Easement Agreement and the Utility Easement have been approved for form and legal sufficiency, and require a majority vote for approval. - EP GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District: 1. Approve the attached Utility Easement Agreement and accept the attached Utility Easement; 2. Authorize the Chairman to execute the Utility Easement Agreement; and 3. Direct the County Manager or his designee to follow appropriate closing procedures and record the Utility Easement in the official records of Collier County, Florida. Prepared By: Marlene J. McLaughlin, Senior Property Acquisition Specialist Real Property Management /Department of Facilities Management Attachments: 1. Utility Easement Agreement, 2. Appraisal and 3. Location Map Packet Page -2819- COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2. 12/11/2012 Item 16.C.2. Item Summary: Recommendation to (1) approve the Utility Easement Agreement with First Choice Storage, L.C. for the acquisition of a Utility Easement to accommodate improvements to Pump Station 312.21 for a total cost not to exceed $7,250, Project Number 70046, and (2) Meeting Date: 12/11/2012 Prepared By Name: DeltoroZamira Title: Project Manager,Public Utilities Engineering 11/14/2012 9:27:32 AM Submitted by Title: Project Manager,PubIic Utilities Engineering Name: DeltoroZamira 11/14/2012 9:27:35 AM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 11/14/2012 11:01:32 AM Name: JohnssenBeth Date: 11/14/2012 11:22:25 AM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 11/14/201212:55:21 PM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineeri Date: 11/15/2012 10:49:49 AM Packet Page -2820- Name: Susan Jacobs Title: Operations Analyst, Public Utilities Date: 11/15/2012 12:38:44 PM Name: Steve Messner Title: Plant Manager,Water Date: 11/15/2012 3:20:56 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 11/16/2012 3:25:21 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 11/21/2012 9:32:09 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 11/22/2012 10:25:21 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/26/2012 12:32:10 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/2012 5:07:17 PM Name: KlatzkowJeff Title: County Attorney Date: 12/3/2012 9:50:46 AM Name: OchsLeo Title: County Manager Date: 12/3/2012 3:53:22 PM Packet Page -2821- 12/11/2012 Item 16.C.2. 12/11/2012 Item 16.C.2. Collier County Water - Sewer District Project: Fence to Fence Group I: Pump Station 312.21 Parcel folio number: 76885050652 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between FIRST CHOICE STORAGE L.C., a Florida limited liability company a /k/a First Choice Storage, LLC, (hereinafter referred to as "Owner "), whose mailing address is 7287 Sawmill Road, #150, Dublin, Ohio 43016, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "CCWSD "), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD has requested that Owner convey to CCWSD a perpetual non- exclusive Utility Easement over, upon and across the lands described in Exhibit "A`, which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement Area ") for the stated purpose of the construction, maintenance and operation of utility facilities within the Utility Easement Area on the terms and conditions set forth herein; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement Area to CCWSD via a Utility Easement for the sum of Seven Thousand One Hundred Fifty and no /100 Dollars ($7,150.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). 2. This Agreement shall be null and void, and of no further force or effect. unless Closing shall occur within sixty (60) days from the date the CCWSD executes this Agreement; provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens encumbrances or qualifications from the Easement Area upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments to the CCWSD on or before the date of Closing. 3. CCWSD shall restore and replant the surface of the utility easement area at the completion of construction, Following installation, Owner shall be responsible for maintenance of the landscaping, and CCWSD shall be responsible for all repairs, maintenance, and related costs for its above - ground and in- ground infrastructure within the utility easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of the Utility Easement, 4. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the property underlying the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that to the best of the Owner's knowledge, no hazardous substances have been generated, stored, treated or transferred on the underlying property except as specifically disclosed to CCWSD; that the Owner, to the best of their knowledge, has no actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the underlying property, b) any existing or threatened environmental lien against the property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the underlying property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless CCWSD against and from, and to reimburse CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against CCWSD by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. if the Owner holds the property underlying the Utility Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in [2] Packet Page -2822- 12/11/2012 Item 16.C.2. the property underlying the Utility Easement before the Utility Easement held in such capacity is conveyed to CCWSD, its successors and assigns. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes). 8. CCWSD shall pay for all costs of recording the Utility Easement in the Public Records of Collier County, Florida. All other costs associated with this transaction shall be bome and paid by CCWSD. Each party shall be responsible for its own attorney fees. 9 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees whenever the context so requires or admits. 10. Conveyance of the Easement Area by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement & Access Easement Agreement as of the dates set forth below. AS TO CCWSD: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witness (SUatu Name: p1w ' .rt n (Print or Tjipe) r�, Witness (Signature) ,,,�r�e,, � 1 Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: Fred W. Coyle, Chairman FIRST CHOICE STORAGE, L.C., a Florida limited liability company a /kia First Choice Storage, LLC By: - Luis G. Weil, Managing Member 12i pprov d as to I Ind legal sufficiency j y-�I� lam, Assiiant County Attomey Packet Page -2823- NOTES: 12/11/2012 Item 16.C.2. 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS -OF -WAY, OW,t :jjWTI( OR SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. A 3. THIS SKETCH IS NOT A BOUNDARY SURVEY, 4. SEE ATTACHED.FOR LEGAL DESCRIPTION. P46--L—of %-- n c� z v d b- w CO U- 00 O Z N Q m W I Q w Lq J qj =) Q o O m� -N r-- :2 <0QQ o= a CC L)a JJ w O a Ob J � J O i I GRAPHIC SCALE 0 40 ' so so I inch = 40 FEET Q ( P.B. = PLAT BOOK a` Li W a � I Z w TOLLGATE 13 ATE COMMERCIAL r I CENTER PHASE TWO -� P.B. 18, PG. 213 & 24 J of PROPOSED UTIUTY EASEMENT 956'16 E. 1766 SQUARE FEET 38.00' I IiJ o POINT OF BEGINNING ci o vi Ali N Zt UTILITY EASEMENT O.R. BOOK 1552 PAGE 2243 (--- - - - - -- - - - - ---� 13 00' 10' UTILITY EASEMENT (PER PLAT) S.89- 56'16 "W. 225.01' I S.8 6''16 "W. RADIUS= 25.00' DELTA= 90'00'00" - -- ARC= 39.27' CHORD= 35.36' N.45'03' 44 "W. POINT OF COMMENCEMENT SE CORNER OF TRACT 13 TOLLHOUSE DRIVE TRACT B -1I TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PG. 23 & 24 THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO, PLAT BOCK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY:F;� ELIZAB F. GAINES, PSM FL LICENSE N0. 4576 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 Fort Myers, Florida 33907 hone: 239 - 418 -0126 Fax: Z39-418-0127 CLIENT: TETRATECH, INC. DATE OF FIELD WORK: 8/1 DATE OF DRAWING: 9/16 SCALE: 1 " =40' DRAWING FILE: 0443 -001 Packet Page -2824- REVISION S /DATE: ADD T.C.E. 10/07/11 REMOVE T.C.E. 04/19 SHEET 1 OF 1 12/11/2012 Item 16.C.2. E.F. GAINES SURVEYING SERVICES, INC A UTILITY EASEMENT LOCATED ON TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO (PLAT BOOK 28, PAGES 23 AND 24), COLLIER COUNTY, FLORIDA All that part of Tract 13, Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat Book 18, pages 23 and 24, Public Records of Collier County, Florida being more particularly described as follows: COMMENCING at the southeast corner of Tract I3, Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat Book 18, pages 23 and 24, Public Records of Collier County, Florida; thence along the south line of said Tract 13, S.89 °56' 16 "W. for 225.01 feet to the POINT OF BEGINNING of the parcel herein described; thence continue along the boundary of said Tract 13 in the following three (3) described courses: 1.) continue S_89 056'16 "W. for 13.00 feet; 2.) westerly, northwesterly and northerly 39.27 feet along the arc of a circular curve concave to the northeast having a radius of 25.00 feet, through a central angle of 90 °00'00" and being subtended by a chord which bears N.45 003'44 "W. for 35.36 feet; 3.) N.00 °03'44 "W. for 25.00 feet to a line which lies 50 feet northerly of and parallel with (as measured at right angles to) the south line of said Tract 13; thence along said parallel line N.89056'1 6"E. for 38.00 feet to a line which Iies 38 feet easterly of and parallel with (as measured at right angles to) the west line of said Tract 13; thence along said parallel line S.00 °03'44 "E. for 50.00 feet to the POINT OF BEGINNING of the Parcel herein described; Bearing are based on the centerline of Tollgate Boulevard being N.00 °03'44 "W.; Parcel contains 1766 square feet more or less; Subject to easements, restrictions and reservations of record; Prepared by: E.F. Gaines Surveying Services, Inc. Eliza i_F. Ciaine-4. FSM Date Florida. License No. 45:76 Sketch: EFG Drawing No. 0443 -001 M: \EFG Survey Projects \0443 Collier Co Pump Station Easements LS 312.21, 312.25 \deliverables \0443- 001 -1 LS 312.21 Util Esmt Description.docx E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 - Fart Myers, Florida 33907 P: 239 - 418. 0126 - F: 239 - 418 -0127 - www.EFGaines.com Packet Page -2825- 12/11/2012 Item 16.C.2. Cam � 10 -15 -12 LS 312.21 (Tollgate) Proposed Easement Valuation In real estate an easement is something that gives someone the right to use land that does not belong to them for a set and specific purpose. A utility easement is an easement which gives a utility the right to use and access a specific area of a property. The area covered by the easement is usually clearly defined in the tent of the easement. The easement will be recorded and goes along with the deed if the property changes owners. The proposed utility easement is 1,766 square feet and the sketch, a legal description, and the location is attached within the appraisal report. Again, the proposed utility easement is 1,766sf and 393sf of the 1,766sf is over lapping a platted C.U.E. and other existing utility easements. The proposed 1,766sf easement is considered to be nominal due to the location, intended use, and overlapping of existing easements creating fractional interests on the overall parent tract. Compensation for the proposed utility easement is based on obtaining the estimated unit value of the parent tract thus applying that unit value to the easement area multiplied by fractional interests of 5 % for the overlapping area and 75 % for the newly encumbered area. Based on the market data for commercial vacant land sales, $7.00sf x 1,373sf (newly encumbered area) x 75% (fractional) resulting in $7,208.25 say $7,000 dollars. Based on the market data for commercial vacant land sales, $7.00sf x 393 (overlapping easement area) x 5% (fractional) is $137.55 say $150 dollars. Estimated easement value for the utility easement is $7,000 plus $150 resulting in $7,150 dollars. Roosevelt Leonard Real Estate Appraiser Packet Page -2826- NOTES' 12/11/2012 Item 16.C.2. 1. ,L ANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS -OF -WAY, OWNERSHIP, RESTRICTIONS OR SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. THIS SKETCH IS NOT A BOUNDARY SURVEY. 4. SEE ATTACHED.FOR LEGAL DESCRIPTION. 3 Z o: a Q �r w m O o O O N z N Q 0] o: 0 a W ' U N O m N M w UgU-1 CA aO< Q 0�Uaoj Q m c� n. F- J J O z UTILITY EASEMENT O.R. BOOK 1552 PAGE 2243 --- - - - - -- - - - - --� i PROPOSED UTIUTY 19-56'1 6 6 E. E 6S QUA E FEET 38.00'" w I � o POINT OF BEGINNING J' L O° _vi __ __________ Op 10' UTILITY EASEMENT (PER PLAT) S.B9'56'16 "W. 225.01' S.89'56'16 "W. i RADIUS= 25.00' DELTA = 90'00'00" ARC= 39.27' CHORD = 35.36' N.45'03'44 "W. POINT OF COMMENCEMENT SE CORNER OF TRACT 13 TOLLHOUSE DRIVE TRACT B -II TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PG. 23 & 24 THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO, PLAT BOOK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY: ELIZ-APM F. GAINES, PSM FL LICENSE NO. L 4576 NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. E.F. Gaines Surveying Services, Inc. CLIENT: TETRATECH, INC. REVISIONS /DATE: DATE OF FIELD WORK: 8/12/11 ADD T.C.E. 10/07/11 5235 Ramsey Way, Suite 10 DATE OF DRAWNG: 9/16/11 REMOVE T.C.E. 04/19/12 Fort Myers, Florida 33907 SCALE: 1 " =40' Phone: 239 - 418-0126 Fax: Z39- 4'18-0'127 DRAWING FILE: 0443 -001 SHEET 1 OF 1 Packet Page -2827- GRAPHIC SCALE 0 40 60 6o I � 1 inch = 40 FEET a P.B. = PLAT BOOK n. OfJ w �I W L w TRACT 13 TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PG. 23 & 24 J of z UTILITY EASEMENT O.R. BOOK 1552 PAGE 2243 --- - - - - -- - - - - --� i PROPOSED UTIUTY 19-56'1 6 6 E. E 6S QUA E FEET 38.00'" w I � o POINT OF BEGINNING J' L O° _vi __ __________ Op 10' UTILITY EASEMENT (PER PLAT) S.B9'56'16 "W. 225.01' S.89'56'16 "W. i RADIUS= 25.00' DELTA = 90'00'00" ARC= 39.27' CHORD = 35.36' N.45'03'44 "W. POINT OF COMMENCEMENT SE CORNER OF TRACT 13 TOLLHOUSE DRIVE TRACT B -II TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PG. 23 & 24 THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO, PLAT BOOK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY: ELIZ-APM F. GAINES, PSM FL LICENSE NO. L 4576 NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. E.F. Gaines Surveying Services, Inc. CLIENT: TETRATECH, INC. REVISIONS /DATE: DATE OF FIELD WORK: 8/12/11 ADD T.C.E. 10/07/11 5235 Ramsey Way, Suite 10 DATE OF DRAWNG: 9/16/11 REMOVE T.C.E. 04/19/12 Fort Myers, Florida 33907 SCALE: 1 " =40' Phone: 239 - 418-0126 Fax: Z39- 4'18-0'127 DRAWING FILE: 0443 -001 SHEET 1 OF 1 Packet Page -2827- 12/11/2012 Item 16.C.2. Parcel No. ;76885050652 1_Site Adr. 13836 TOLLGATE BLVD l Name / Address 1 FIRST CHOICE STORAGE LLC 3836 TOLLGATE BLVD City NAPLES I State FL Zip 34114 -5444 lap _No_.._._._.._ Strap No.... _ _.._.__._. __{..... Section Township .. Range Acres *A► _. _. 4835 ' 6643001214B35 35 49 ! 26 1 9.5 !TOLLGATE COMMERCIAL CENTER PHASE TWO TRACTS 11, 12, 13, 14, AND THAT PORTION OF TRACT "B -II" DESC AS: POB AT THE NE CNR TRACT 10, S 89DEG 56'16 "W 671.18FT, N OODEG 03'44 "W 60.5 FT, TO A POINT OF A NONTANGENT CURVE CONCAVE TO THE NORTH Legal I HAVING A RADIUS OF 25FT, THEN EASTERLY ALONG SAID CURVE 5.04 FT, N 89DEG 56'16 "E 667.06FT, S OODEG 46'58 "W 60FT TO POB; LESS ;THAT PORTION OF TRACT 11 DESC AS: POS NELY CNR TOLLGATE COMMERCIAL CENTER PHASE TWO, S OODEG 46'58 "W 466.45FT, S 89 DEG 56'16 "W 85.01FT, N OODEG 46'58 "E 469.63FT, S 87DEG 55' 12 "E 85.01 FT TO POB IIage Area 0 31 Millage Rates o Sub. /Condo 664300 - TOLLGATE COMMERCIAL I School M Other Total CENTER Use Code ® 48 - WAREHOUSING, DISTRIBUTION 5.527 6.6941 12.2211 TERMINALS, TRU *See Instructions for Calculation: Latest Sales History 2012 Preliminary Tax Roll (Subject t0 Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll Date Book- Page Amount - - - -- - ..._.. _12/23/99 2624 -2291 '_ $ 2,490,000. P7 /OZ /s2 _x1731 -2044 1 0 Land Value P ( +) Improved Value __...F Zs_F $ 2,634,248; ! (_) Market Value $ 3,607,048'. j { -) SOH & other Exempt. _ $ 0'! t (_) Assessed Value $ 3,607,048 ( -) Homestead &_other Exempt. $ 0 (_) Taxable Value $ 3,607,048' (_) School Taxable Value $ 3,607,048 SOH = "Save Our Homes" exempt value due to cap on assessment increases. http://www.collierappmiser.com/Main-8earch/Rec, Packet Page - 2828 - )ID= 76885050652 10/17/2012 zN iy Em z -o o w �r z A� 0 D a: ' m8 ii - � II 1 COUNTY ROAD 951 - � —Z� sy I ISLE OF CAPRI ROAD T. m r Co'. Z _•m c y (��• - z• IINI IFA ACCESS IOxi- LINE SF S;AiE ROAD VEST LINE OF THAT LAND OF -YAY 83 'A i 1 It• Dt•ie'b+•V ] O 111SEO IN O.R. 11]]. PNe0 Z44, +R•A ••13 ♦ !1 31 .11 el , ib.10 / IW.Te / rn • t 1 - SOH'. -- n-.n-°z °min��o • PART (IF PARCEL BONE. P• R. t6. PG. I 1.07 PAR1 Of tAIS PLAT) NmoK� ;PH atec- /�I N •� N N n S e � �-+ '-'" 1 y TOLLGATE BOULEVARD N o•or u•r :++.:i TRACT B -11 1 � II 1 �ti I nA - 11 sy I (7 :r °mmo m r Co'. Z 1 310•,,+ 1s b. .E 1 Rs I ) «n rn • t 1 - i� Tz 1 i Gy � � I I I - I ?� 1 I 12/11/2012 Item 16.C.2. —I 11•oi•++•x SODTNKST DWIxER TRACT •B' P.B. - F n " ZN 61R INGRESS /ECHO i/ORA I�AOE AID'. T1LIIY EASEM.1 1 PM- r THIS LAIT wss I 1 me.o] N'ua °nz u I I z :n PIT L ----- ------- ---- -- - --1 Y Ap'— e•gv49- M. -- xn.w• _UURT bly ^ _ I �� '6 : 7-, YF � e �a 6R ° is � m � � I I I � I I Ie.03 ]O.Y. f-001 I30 DI I M 0•N'M'E i36.Di -- 1 _ PARCEL ONE ` - k „o TRACT 11 nv FLORIDA POKN 0 LIDMT EASEMENT ACRES •1 -1 I \\I �o_roi_ io� --1 l aim zz (7 :r °mmo m r Co'. Z r mn��mn> oa mm� Ell rn SOH'. -- n-.n-°z °min��o • PART (IF PARCEL BONE. P• R. t6. PG. I 1.07 PAR1 Of tAIS PLAT) NmoK� ;PH atec- /�I N •� N N n S e � —I 11•oi•++•x SODTNKST DWIxER TRACT •B' P.B. - F n " ZN 61R INGRESS /ECHO i/ORA I�AOE AID'. 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I 1.07 PAR1 Of tAIS PLAT) �ryl'om' m•°nm ACCo NEOSaato= --1 aim zz (7 :r °mmo m r Z r mn��mn> oa mm� rn SOH'. -- n-.n-°z °min��o • rTi NmoK� ;PH atec- /�I N •� N N n S �zoM < m3= . 12/11/2012 Item 16.C.2. --q / N ' �I I bar > / 5!1 x ml co omrn / m amen\ co / I O En j I mn mm I .1 m m:00 V ✓ ozr \ an m I .Wo Ol m N R rn z ^ m 1 rn rn ( - m -1 to my l u a 0 j S 0.03'44'E 380.00 1- A m m rn \ 190.00 190.00 + N O ( N O p� \\ N i \ / CD C N o N c l m m I 0 \0.� o 1 ` m W 1 / rn INi+E �jA\ > \\ i N I o \� > / o W I c \ \e }?�. rn I°� \\ en o \\ as \ I a 1 M \ \ t / rn \ \ \ O 30 I 1 \ 'Ta 1 U \ ` \ 10 U.E. - r10' . \ \ - i 07.01- O \ 122.77 190.00 42.23 S 0.03' 44'E 419.78 O a 103 44"W 0 SOUTHWEST CORNER 182.31 PARCEL SIX TRACT "B' P.B. 16. PG. INGRESS /EGRESS /DRAINAGE AND UTILITY (NOT PART OF THIS PLAT) 1 EASEMENT 32.38 N 0.03'44 "W 429.63 G �I fry 3011- ' -- -- 1------- - - - --- r-------------- - --�,� O 211 -S6 I I 218.07 �� �) r O / N a rn =om 1 mmmz� - - - - - -- — — 1 t M 'oz a i cz I J = 5:: w CD I mMm "4 o cn I I z z M : f 10 3 0 Cil IN I ? > Ci I I N N I T1 c►+ m Im w e w to ro -. wr} 10 1 J I ai I. o 1 c arnol rn c �i C . \ 1 om w u; I F✓ '�� \ ' I ' ' r I I �(� Q m m M i a q = N I m > _ I A I \ J \ 0 i C —D t z CCn ro �1 1 I rr S 0' 03' 44 "E -266-64 - - - N 0.03' 0. 0 O m �--} -1 rn> I 1 1 Nz N oI rn maam of m / rn RT I m>o o z = m ( mmmM I cc m N `: I- rnxm �M Im m Z I A r 02x0 —'> > I m >� I- rn N N I I m !N rn ZK-n I" ri ro I m rn G1 ry1 1 N N I °w rn W 1 P r I N V o cn O r1 ?; m rtI 1 I ICD N I � °I I � � • of I I I I I � I I I 50.01 148.02 I 70.85 269.08 I I i I i N 0.46'58 -E 538.06 ' I CD `Packet Page -28 30 NE 1 �� 0, TRArT t 1 \ 12/11/2012 Item 16.C.2. REAL ESTATE APPRAISAL REPORT EASEMENT VALUATION TE BOULEVARD FIRST CHOICE 3836 TOLLGATE BLVD NAPLESt,`fb FI?;a 3411 PROPOSED UTH.ITY EASEMENT (SEE ATTACHED) 35 49 EASEMENT 1,766 SF 26 Comments on Market Data: Due to the current market conditions and the area under valuation is an easement area the most reasonable price per square feet is $7.00 reulting in the average of all market data. This square footage will be the bases for the utility easment valuation. Comments and Conditions of Appraisal: The interest being appraised is tee simple, and the highest and best use of the parcel is considered vacant. The 4 elements of H & B use are considered, and the sales approach is considered most realizable. The appraiser's decisions and scope of work are relevant to any characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales approach applies to the appraisal scope of the assignment. (limited appraisal report) Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. ESTIMATE MARKET VALUE: Date of Value 1011512012 Appraiser: $7.00sf Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Page -2831- SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO. 3 Proposed Utility Easement WHITE LAKE CORP PK Lely /Edison Village CR 951 / E TRAIL Proximity to Subject;; 81790000261 30806000180 34520002004 Sales Price $828,100 $650,000 $1,000,000 Unit Price 6.00SF 10.50 SF 4.17 SF Data Source PUBLIC RECORDS Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data Date of Sale & Time Adjustment DESCRIPTION + / -$ Adjustment DESCRIPTION + / -$ Adjustment DESCRIPTION + / -$ Ad ustment 8/00/2011 $0 11/00/2011 $0 4/00/2012 $0 Location COMM - INDUST AREA Similar PLUS Similar $0 Similar PLUS Vacant Land USE Underlying Overall Use Similar $0 Similar $0 Similar $0 Site Size 9.5 ACRES 1.68 ACRES MINUS 1.42 ACRES MINUS 5.50 ACRES $0 Easement Area 1,766 easement Access ACCESS ACCESS $0 ACCESS $0 ACCESS $0 Zoning BUS PK- Similar $0 Similar $0 Similar $0 Comments on Market Data: Due to the current market conditions and the area under valuation is an easement area the most reasonable price per square feet is $7.00 reulting in the average of all market data. This square footage will be the bases for the utility easment valuation. Comments and Conditions of Appraisal: The interest being appraised is tee simple, and the highest and best use of the parcel is considered vacant. The 4 elements of H & B use are considered, and the sales approach is considered most realizable. The appraiser's decisions and scope of work are relevant to any characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales approach applies to the appraisal scope of the assignment. (limited appraisal report) Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property. ESTIMATE MARKET VALUE: Date of Value 1011512012 Appraiser: $7.00sf Land Appraisal Report, Appraisal Form 02 Rev. 5/03/10 Packet Page -2831- COLLIER COUNTY GOVERNMENT File N 12/11/2012 Item 16.C.2. 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, 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 judgment. STATEMENT OF LIMITING CONDITIONS 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 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 the appraisal report anyadverse conditions (such as. needed repairs, depreciation, the presence of hazard 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 impaled, 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 contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 8. 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 mortgage 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 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 (693) Produced by Click packet Page - 2832 -7 FannPMae Form 1004B(e3) ge 9 COLLIER COUNTY GOVERNMENT Fiji 12/11 /2012 Item 16.C.2. PURPOSE AND USE OF LIMITED APPRAISAL The purpose of this limited appraisal is to estimate market value by performing an evaluation of real property collateral for use in a proposed underwriting. This limited appraisal is for the use of the party towhom it is addressed and any further use or dissemination without consent of the appraiser and addressee is prohibited. DEFINITION OF MARKET VALUE Market value, as referenced in OCC Rule 12 CFR 34.42(f): The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what 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 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 comparable 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 tofinancing 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. DESCRIPTION OF LIMITED VALUATION PROCESS In performing this preliminary value analysis, the valuation process consisted of: (1) Reviewing assessment/public records and comparable database listing information for the subject; (2) Conducting an inspection of the subject and its environs, (3) Analyzing sales of regional residential real estate; (4) arriving at a value conclusion, (5) Writing this report. Departures (from specific appraisal guidelines included: SR 1 -3 because the appraiser has presumed, for the purpose of the limited appraisal, that the existing use of the subject property is the highest and best use: SR 1-4 because only a sales comparison analysis of value was employed in this limited appraisal since it is the primary valuation method for residential dwelling similar to the subject. Any additional uses ofthe departure provision are specifically stated in the attached appraisal report or its attachments. SALES HISTORY According to the data utilized in preparing the report, the property ❑has I,^_,,,, has not transferred within the past 12 months. LEVEL OF RELIABILITY The use of the departure provision to allow a limited appraisal with a single approach to value reduces the level of reliability of this report. RECONCILIATION Complete weight was given to the Sales Comparison Approach as it is the approach used by most buyers when purchasing a single family dwelling. The Income Approach was not applicable because of the lack of rental information and meaningful relevancy to the value of a dwelling located in this primarily owner occupied neighborhood. On the other hand, the Departure Provision was utilized to estimate the Cost Approach because the appraiser decided this omission in this limited appraisal assignment would not confuse or mislead the client or the intended users of this report. The market value is estimated on the FHLMC form 704 or similar attached. ASSUMPTIONS AND LIMITING CONDITIONS No responsibility is assumed for the legal discrimination or for matters indicating legal or title considerations. Title to the property is assumed to be marketable. The property is appraised free and Gear of any and all liens and emcumbrances, except as noted in the report. Information furnished by others during the course of the research has been verified to the extent possible and is believed to be reliable, but no warranty is given for its accuracy. No responsibility is assumed for the effect on value of hidden or unapparent conditions of the subsoil or structures; or forarranging engineering studies to discover such conditions. No evidence of contamination or hazardous materials was observed. However, the appraiser is not qualified to detect potential hazardous waste material that may have an effect on the subject property. The client may wish to retain such an expert if he desires. Sketches and other illustrative material are included only to assist the reader in visualizing the real estate and its environs, are based on data developed and supplied by others, and are not meant to represent a survey or as -built plan. . Any distribution of the total valuation among land, improvement, and/or other components applies only under the stated program of utilization and must not be interpreted or used as individual values for other purposes. The appraiser is not required to provide consultation, testimony, or attendance in court by reason of this assignment, unless such services have been assigned in contracting the assignment. Possession of the report or a copy thereof does not carry with it the right of publication, and it may not be used for any purpose by anyone other than the addressee, without the written consent of the author and addressee. Even with such permission, out -of- context quoting from and/or partial reprinting of the report is prohibited. The report is an integrated entity and is only valid in its entirety. Neither all nor part of the contents of the report shall be disseminated to the public relations, news, sales, or other media without the prior written consent and approval of the author. LIMITED SCOPE APPRAISAL CERTIFICATION I certify to the best of my knowledge and belief that: the statements of fact contained in this report are true and correct; the reported analyses, opinions, and conclusionsare limited only bythe reported assumptions and limited conditions and are personal, unbiased, professional analyses, opinions and conclusions; I have no present or prospective interest in the real estate and have no personal interest or bias with respect to the stipulated result, or the occurrance of a subsequent event; the analyses, opinions and conclusions were developed and the report prepared in conformance with and subject to the requirements of the Uniform Standards of the Professional Appraisal Practice of the Appraisal Foundation; the appraisal assignment was not based upon a requested minimum valuation, a specific valuation, or the approval of a loan; I 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(s) 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 each 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 not take the responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervised 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 appraisers certification above, and am taking full responsibility for the appraisal and the appraisal report. UTILITY EASEMENTS ARE BASED ON USE VALUE -A VALUE CONCEPT WHICH IS BASED UPON THE PRODUCTIVITY OF AN ECONOMIC GOODTO ITS OWNER -USER. VALUE IN USE MAY BE A VAUD SUBSTITUTE FOR MARKET VALUE WHEN THE CURRENT USE IS SPECIALIZED THAT IT HAS NO DEMONSTRABLE MAKET AND THE USE IS ECONOMIC AND LIKELY TO CONTINUE. PROPERTY ADDRESS: 3836 TOLLGATE BLVD NAPLESFL APPRAISER:r1 Signature: Name: ROOSEVELT LEONARD Date Signed: 10/16/2012 State Certification #: or State License #: State SUPERVISORY APPRAISER (only if required) Signature: Name: Date Signed: State Certification #: or State License #: State Expiration Date of Certification or License: 1112014 Expiration Date of Certification or License: n Did n Did Not Inspect the Interior of the Property n Did n Did not Inspect property Produ Packet Page - 2833 - 300 - 622,8727 Page 2 of 3 /11/2012 Item 16.C.2. Pump Station 312.21 Utility Easement Area on property owned by First Choice Storage L.C. Packet Page -2834- 12/11/2012 Item 16.C.2. PROJECT: Collier County Water -Sewer District Fence to Fence Group II — L.S. 312.21 PROJECT No.: 70046 FOLIO No.: 76885050652 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this day of , 2012, by FIRST CHOICE STORAGE, L.C., a Florida limited liability company a /k/a First Choice Storage, LLC, whose mailing address is 7287 Sawmill Road, #150, Dublin, Ohio 43016, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for wastewater utility facilities and access purposes, over, under, upon, and across the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations# of record THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to wastewater lines and pipes, pumping stations, electrical panels, telemetry towers, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater utility facilities thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. FIRST CHOICE STORAGE, L.C., a Florida limited liability company a /k/a First Choice Storage, LLC By: > i nat r '/1 Name: 6 • W e, lin (Print) (Print or Ty e) y^ � !'- f � r. K4- ,oq Aw V- (Print) `cY �"Y (Print) > (Signature) — ( Name: (rant or I ype) STATE OF lon COUNTY The foregoin Utility ,Eaasernent was acknowledged bef r me this 1� day of 2012 by wLIL (Name), Title) , on behalf of it hoice Storage, L.C., a rida limited liability company a /k/a irs hoice Storage, LLC, who is �] personally known to me, or [ ] who has produced as identification. II `` WITNESS my hand and official seal this day of _ 2012. (affix notarial seal) �e" (Sign re o r li ' NoWy Puwie St&W or Fbrida r (Print Name of N ry Public) -,,- .,manuDDN2175 NOTARY PUBLIC p ��ern Emr*a 0014Mt4 Serial /Commission #:(if any) My Commission Expires:. -d T Packet Page -2835- NOTES: 12/11/2012 Item 16.C.2. 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS -OF -WAY, OWNERSHIP, RESTRICTIONS R SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. EXHIBIT 3. THIS SKETCH IS NOT A BOUNDARY SURVEY. 4. SEE ATTACHED-FOR LEGAL DESCRIPTION. Paw -Of 3 Z v a �Iw M m O L- 0 0 o Z N N Q m 0- w '- U N 0 I 0 N m w OW me!� v�Na <0< Q rr C-) aC6 C1 � J _ J O I GRAPHIC SCALE I I o 40 60 so I I 1 inch = 40 FEET P.B. = PLAT BOOK J I a U w � I Z Uj w I TRACT ' 3 w I TOLLGATE COMMERCIAL I CENTER PHASE. TWO P.B. 18, PG. 23 & 24 J F- I of PROPOSED U nUTY N. 19'56'16 "E. 1E 666 SQUARE FEET 38.00' o I 4i N I �t ° o° P POINT OF BEGINNING z 00 — T L10' UTILITY EASEMENT PER PLAT UTILITY EASEMENT 3.00' ) S 89'56 16 "W 22501' O.R. BOOK 1552 PAGE 2243 ---------- - - - --/ z i 16 "W. RADIUS= 25.00' DELTA = 90'00'00" — ARC =39.27' CHORD= 35.36' N.45'03'44 "W. POINT OF COMMENCEMENT SE CORNER OF TRACT 13 TOLLHOUSE DRIVE TRACT B -II TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PG. 23 & 24 THIS 1S A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO, PLAT BOOK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY: ELI F. GAINES, PSM cFL LICENSE N0, L 4576 NOT VALID NITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. E.F. Gaines Surveying Services, Inc. CLIENT: TETRATECH, INC. REVISIONS /DATE: DATE OF FIELD WORK: 8/12/11 ADD T.C.E. 10/07/11 5235 Ramsey Way, Suite 10 DATE OF DRAWING: 9/16/11 REMOVE T.C.E. 04/19/12 Fort Myers, Florida 33907 SCALE: 1 " =40' hone: 239 -418-0126 Fax: 23"1"127 DRAWING FILE: 0443 -001 SHEET 1 OF 1 Packet Page -2836- 12/11/2012 Item 16.C.2. r-AHIBIT B palmHof ZL- E.F. GAINES SURVEYING SERVICES, INC. A UTILITY EASEMENT LOCATED ON TRACT 13, TOLLGATE COMA'IERCIAL CENTER PHASE TWO (PLAT BOOK 1.8, PAGES 23 AND 24), COLLIER COUNTY, FLORIDA All that part of Tract 13, Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat Book 18, pages 23 and 24, Public Records of Collier County, Florida being more particularly described as follows: COMMENCING at the southeast corner of Tract 13, Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat Book 18, pages 23 and 24, Public Records of Collier County, Florida; thence along the south line of said Tract 13, S.89 °56' 16 "W. for 225.01 feet to the POINT OF BEGINNING of the parcel herein described; thence continue along the boundary of said Tract 13 in the following three (3) described courses: 1.) continue S.89 °56'16 "W. for 13.00 feet; 2.) westerly, northwesterly and northerly 39.27 feet along the arc of a circular curve concave to the northeast having a radius of 25.00 feet, through a central angle of 90 °00'00" and being subtended by a chord which bears N.45 °03'44 "W. for 35.36 feet; 3.) N.00 °03'44 "W. for 25.00 feet to a line which lies 50 feet northerly_ of and parallel with (as measured at right angles to) the south line of said Tract 13; thence along said parallel line N.89 °56' 16 "E. for 38.00 feet to a line which lies 38 feet easterly of and parallel with (as measured at right angles to) the west line of said Tract 13; thence along said parallel line S.00 °03'44 "E. for 50.00 feet to the POINT OF BEGINNING of the Parcel herein described; Bearing are based on the centerline of Tollgate Boulevard being N.00 °03'44 "W.; Parcel contains 1766 square feet more or less; Subject to easements, restrictions and reservations of record; Prepared by: E.F. Gaines Surveying Services, Inc. Eliza F. iaines,09M Date Florida Licensc No. 4576 Sketch: EFG Drawing No. 0443 -001 M: \EFG Survey Projects \0443 Collier Co Pump Station Easements LS 312 .21,312.25 \deliverables \0443 - 001 -1 LS 312.21 Util Esmt Description.docx E.F. Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 - Fort Myers, Florida 33907 P: 239 - 418 -0126 F: 239 - 418 -0127 - www.EFGaines.com Packet Page -2837-