Agenda 03/08/2016 Item #16K 2 3/8/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of
$8,000.00 for Parcel 227RDUE, in the lawsuit captioned Collier County v. Arabel Subiaut, et
al, Case No. 2014-CA-2762, required for the construction of roadway improvements to
Golden Gate Boulevard Project No. 60040. (Fiscal Impact: $6,025.00)
OBJECTIVE: That the Board approve a Joint Motion and Final Judgment in the amount of
$8,000.00 concerning Parcel 227RDUE for the construction of roadway improvements to Golden
Gate Boulevard from Wilson to 20th Street East, (Project 60040).
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 227RDUE, and
deposited $1,975.00 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the lawsuit styled Collier County v. Arabel Subiaut, et al, Case No. 2014-CA-
2762. Parcel 227RDUE is required for the construction of the Project and is a Roadway,
Drainage and Utility Easement. An Aerial of Parcel 227RDUE is attached. Through
negotiations, the parties agreed to total compensation in the amount of$8,000.00. If approved,
the County will be required to pay an additional $6,025.00.
The County Attorney's Office and Staff recommend approval of this Joint Motion and Final
Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney's
Office will file the Joint Motion and Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $6,025.00 will be paid from gas taxes and/or
impact fees from the Expansion of Golden Gate Boulevard from Wilson to 20th Street East,
Project No. 60040. The primary funding source for the acquisition of right-of-way is impact
fees. Should impact fees not be sufficient within a particular project, the secondary funding
source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for Board approval. —JAB
RECOMMENDATION: That the Board of County Commissioners to approve the attached
Joint Motion and Final Judgment, and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
Attachments: Joint Motion and Final Judgment; Aerial of Parcel 227RDUE.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the
amount of$8,000 for Parcel 227RDUE, in the lawsuit captioned Collier County v. Arabel Subiaut,
et al, Case No. 2014-CA-2762, required for the construction of roadway improvements to
Golden Gate Boulevard Project No. 60040. (Fiscal Impact: $6,025)
Meeting Date: 3/8/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
2/17/2016 3:49:22 PM
Submitted by
Title:Assistant County Attorney, CAO General Services
Name: BelpedioJennifer
2/17/2016 3:49:24 PM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering& Construction Management
Date: 2/17/2016 4:42:00 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 2/18/2016 9:45:19 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction &Maintenance Budget/Fiscal
Date: 2/18/2016 12:48:44 PM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 2/19/2016 12:21:45 PM
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Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 2/22/2016 9:22:38 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/23/2016 8:17:41 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/23/2016 8:41:21 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:29:10 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/25/2016 6:40:13 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 4:29:13 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA-CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. Case No. 14-CA-2762
Parcel No.: 227RDUE
ARABEL SUBIAUT; et al., !i
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
ANTONIO BRICENO, by and through his undersigned counsel, for entry of a Final Judgment as
to Parcel 227RDUE, and it appearing to the Court that the parties are authorized to make such
that the compensation to be paid by Petitioner is the full compensation
Motion, the Court finding p p Y
due Respondent, ANTONIO BRICENO, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, ANTONIO BRICENO, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of $8,000.00 for Parcel
227RDUE, as full payment for the property interest taken and for damages resulting to the
remainder, if less than the entire property was taken, and for all other damages, statutory interest,
attorney's fees,and expert fees and costs in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value to be deposited in the amount of$1,975.00, as payment for acquisition
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of Parcel 227RDUE, at which time title to said parcel as described in Exhibit "A" will vest in the
name of the Petitioner; it is further
ORDERED, that immediately upon deposit, the Clerk shall disburse from the Court
Registry the amount of $1,975.00 to Buchanan Ingersoll & Rooney Trust Account, c/o Fred S.
Werdine,Esq., 501 E. Kennedy Boulevard, Suite 1700,Tampa, FL 33602; it is further
ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall
pay the total sum of $6,025.00 to Buchanan Ingersoll & Rooney Trust Account, c/o Fred S.
Werdine, Esq., 501 e. Kennedy Boulevard, Suite 1700, Tampa, FL 33602, in additional funds over
the amount previously deposited in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
227RDUE, and that have or could have been asserted in this cause; it is further
ORDERED that a Roadway, Drainage and Utility Easement to Parcel 227RDUE, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vests in Petitioner
pursuant to the Order of Taking dated July 9, 2015, and with the deposit of money to be made, is
approved,ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5112, Page 1129 of the Public Records of Collier
County, Florida be dismissed as to Parcel 227RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Final Judgment;
it is further
ORDERED that this Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
[14-CA-2762/1236180/1] Paee 2 of 3
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DONE AND ORDERED in Chambers at Naples, Collier County,Florida,this day of
, 2016.
JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Jennifer A. Belpedio,Esq.jenniferbelpedio@colliergov.net
Antonio Briceno do Meredith Delcamp,Esq.,Meredith.delcamp @bipc.com
Kevin Hendricks,Collier County Transportation Division,kevinhendricks @colliergov.net;
Robin Sheley,Diane Etienne,Clerk's Office Accounting,robin.sheley@collierclerk.com,
dianeetienne @collierclerk.com;
i
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- 1
• EXHIBIT
I i it S\
- : LINE TABLE I
• LINE BEARING LENGTH
o"' I L1 L 589•31'58'W 150.04'
If
12 N00'30'19'W 50.00' •
L3 S89131.58.W 150.03'
•
L4 ( N00'30'28"W 50.01' . 11
15
• L6 N89'31'58-E 130.03
'
li 17 S00 3O'19'E 30.00'
P- I
I I .
Z°' ' . CLUTE
WEST 180' OF OR 4093/1117
• TRACT 109 MUNOZ
OR 39994/O 94/3061
i B OR 2536/800(
8■17 l j
TRACT 108 TRACT 109 TRACT 110
I/ GOLDEN GATE ESTATES
• I UNIT 49
PLAT BOOK 5 PAGE 80
•
1-.
/ " 'EAST LINE OF
WEST 30' OF
•
$ - .' .I TRACT 109 I~ EAST LINE OF
iIWEST 180' OF N
30' TRACT 108
//' 1 W+E
i I PROPOSED ROADWAY EASEMENT
PARCEL 227 RDUE
4,701 S0.PT. C
__-_-// 1 Cs L6 I II
\ \ y I
---- - ✓' / apINT II OF POINT OF 1
NORTH uN[of- / / COMMENCEMENT t■SOUTH 50'0f , / : /,`'u BEGINING /
TRACT 109 - // ;I f
■
a+UU II5i0 �' 116+ / i' / 1J1*00 118+00 I 119100 ) 12`-SOUTH LINE OF
GOLDEN GATE BOULEVARD (CR 876) TRACT 109
OR OFFICIAL RECORDS (BOOK/PAGE) j
\. `.. PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
LIE XISTING SE OF THE ROADWAY LIC PE EASER MENT PLAT B OEDOOK ICATEO 5, TO THE BO PERPETUAL I
PAGE
LEGAL DESCRIPTION FOR PARCEL 227 ROUE
I
A PORTION OF TRACT 109. GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE BO OF THE 1 I 1 1,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANCE 27 EAST,
COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
I
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 109;
THENCE S.89'31'58"W., ALONG THE SOUTH LINE OF SAID TRACT 109, FOR 150.04 FEET, TO A POINT ON THE EAST
LINE OF THE WEST 180 FEET OF SAID TRACT 109;
THENCE N.00'30'19"W., ALONG SAID EAST LINE FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 i I
FEET OF SAID TRACT 109, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
•
•
THENCE S.89'31•58"W., ALONG THE SAID NORTH LINE FOR 150.03 FEET, TO A POINT ON THE EAST LINE OF THE I
WEST 30 FEET OF SAID TRACT 109; .
•
THENCE N.00'30'28"W., ALONG SAID EAST LINE FOR 50.01 FEET; .
THENCE 5.45'20'02'E., FOR 28.30 FEET; '
THENCE N.89'31'58`E., FOR 130.03 TO A POINT ON THE EAST LINE OF THE WEST 180 FEET OF SAID TRACT 109;
THENCE S.00'30'19"E., ALONG SAID EAST LINE, FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 4,701 SQUARE FEET, MORE OR LESS. /
0
L CHALL A.WNR4.PR(F0SSONY 61NNCIOR A W+4CA
SKETCH 14 DESCRIPTION ONLY — ------- 1101w0A InC401A1 r 5.NO 5791 i ,
NOT A BOUNDARY SURVEY KALE:L'1".130' srcuM art:
-
o' Or
.01 ohms Wlk:1W MC ORRiNN A RYSN kf19055ED SW 01
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A 0.01110 9E0141ERC0 PROf13510.1k OR.A0 M4PPER. �
GOLDEN GATE BOULEVARD VA:ctert.4,SKETCH & DESCRIPTION OF; PROPOSED ROADWAY EASEMENT
PARCEL 227 ROUE C410 RIM Park Own.SAW 200 l'''''''WkL..
NON.Ao4d.61100
COLLIER COUNTY, FLORIDA Mon:min 5O74575F/Jf:Ma)097.0676
LB Na'6969
050218.00 00 00071 REVISION SFC2TtON TOWNSHIP I RANGE I t SCALE I FEB. 008 I DRAWN S OL.BY I N49 51(227 I 1 OF Et
I i
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•
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1
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA-CIVIL ACTION
COLLIER COUNTY,FLORIDA,a political
subdivision of the State of Florida,
Petitioner,
v. Case No. 14-CA-2762
Parcel No.: 227RDUE
ARABEL SUBIAUT;et al.,
Respondents.
PETITIONER,COLLIER COUNTY,AND RESPONDENT,ANTONIO BRICENO,
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ANTONIO
BRICENO, by and through the undersigned counsel, hereby respectfully move for entry of a
Final Judgment as to Parcel 227RDUE attached hereto as Exhibit"1".
11-
JENNIFER A. BELPEDIO,ESQUIRE
S.WERDINE
Florida Bar No. 186030 Florida Bar No. 0614483
Collier County Attorney's Office MEREDITH S. DELCAMP
3299 East Tamiami Trail,Suite 800 Florida Bar No. 0016242
Naples,FL 34112 BUCHANAN INGERSOLL&ROONEY
Telephone: (239)252-8400 501 E.Kennedy Blvd., Ste 1700
Facsimile: (239) 774-0225 Tampa,FL 33602
Counsel for Petitioner Telephone: 813-222-1118
edio cr,collierQOV.net Facsimile: 813-229-8313
J P
emil yP P a in ,collier ov.net COUNSEL FOR RESPONDENT
� �
nancybradley @colliergov.net Fred.werdine@bipc.com
Meredit.delcampnabipc.com
II
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Final Judgment was
electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic
filing to Meredith S. Delcamp, Esquire and Fred S. Werdine, Esquire, Buchanan Ingersoll &
Rooney, P.C., P.O. Box 1438, Tampa, FL 33601on this day of February, 2016.
BY:
JENNIFER A. BELPEDIO,ESQUIRE
ii
,ate:
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA-CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. Case No. 14-CA-2762
Parcel No.: 227RDUE
ARABEL SUBIAUT; et al.,
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
ANTONIO BRICENO, by and through his undersigned counsel, for entry of a Final Judgment as
to Parcel 227RDUE, and it appearing to the Court that the parties are authorized to make such
Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation
due Respondent, ANTONIO BRICENO, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, ANTONIO BRICENO,have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of $8,000.00 for Parcel
227RDUE, as full payment for the property interest taken and for damages resulting to the
remainder, if less than the entire property was taken, and for all other damages, statutory interest,
attorney's fees,and expert fees and costs in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value to be deposited in the amount of$1,975.00, as payment for acquisition
EXHIBIT
[14-CA-2762/1236180/1] PavP. 1 nf'i f
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of Parcel 227RDUE, at which time title to said parcel as described in Exhibit "A" will vest in the
name of the Petitioner; it is further
ORDERED, that immediately upon deposit, the Clerk shall disburse from the Court
Registry the amount of $1,975.00 to Buchanan Ingersoll & Rooney Trust Account, do Fred S.
Werdine, Esq., 501 E.Kennedy Boulevard, Suite 1700, Tampa,FL 33602; it is further
ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall
pay the total sum of $6,025.00 to Buchanan Ingersoll & Rooney Trust Account, c/o Fred S.
Werdine, Esq., 501 e. Kennedy Boulevard, Suite 1700, Tampa, FL 33602, in additional funds over
the amount previously deposited in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
227RDUE, and that have or could have been asserted in this cause; it is further
ORDERED that a Roadway, Drainage and Utility Easement to Parcel 227RDUE, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vests in Petitioner
pursuant to the Order of Taking dated July 9, 2015, and with the deposit of money to be made, is
approved, ratified, and confirmed;it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5112, Page 1129 of the Public Records of Collier
County, Florida be dismissed as to Parcel 227RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Final Judgment;
it is further
ORDERED that this Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
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DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this day of
, 2016.
JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Jennifer A. Belpedio, Esq.jenniferbelpedio @colliergov.net
Antonio Briceno c/o Meredith Delcamp,Esq., Meredith.delcamp(a�bipc.com
Kevin Hendricks,Collier County Transportation Division,kevinhendricksncolliergov.net;
Robin Sheley,Diane Etienne, Clerk's Office Accounting,robin.sheley@collierclerk.com,
dianeetienne@collierclerk.com;
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EXHIBIT
LINE TABLE
• LINE ! BEARING LENGTH
e: / L1 589'31'58*W 150.04' ,
i L2 1 N0O'30'19"W 50.00'
L3 I 589'31'58"W 150,03'
j L4 NO0'30'28"W 50.01'
-C, 15 S45'28'O2"E 28.30' I
L6 N89'31'58"E 130.03'
L7 SO0'30'19"E 30.00'
2° CLUTE
WEST 180' OF OR 4093/1117
• ' '' TRACT 109
E 4., BRICENO MUNOZ
OR 3994/3061 OR 2536/800'
%
m
E .
TRACT 108 TRACT 109 TRACT 110
GOLDEN GATE ESTATES
I UNIT 49
I -'- PLAT BOOK 5 PAGE BO
/ ----EAST LINE OF
WEST 30' OF
• $— '' TRACT 109 EAST T LINE OF OF N
.' 30A TRACT 109
_:�' W 1 E
'', , PROPOSED ROADWAY EASEMENT
PARCEL 227 RDUE
4,701 SQ.FT.
/ es I
J L6
n
_ —
l ,NORTH UPC of✓,•' !, POINT OF POINT OF 1
SOUTH 50'OF • .//1, BEGINNING !I COMMENCEMENT
I TRACT 106 i SC'
1+00 115+OJ�' . � . 118+00/ I,' ,. 11I+00 I 118+00 110+00 4_ 12
--f----- ---1-- ---I- ' 1`- l -1 I i 1 I I
I, I L1 -SOUTH LINE OF
GOLDEN GATE BOULEVARD (CR 876) TRACT 109
OR OFFICIAL RECORDS (BOOK/PAGE)
>...7 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
1 L-._.._I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80
LEGAL DESCRIPTION FOR PARCEL 227 ROUE
A PORTION OF TRACT 109. GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE BO OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, I I
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
I
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 109; I C
THENCE 5.89'31'58"W., ALONG THE SOUTH LINE OF SAID TRACT 109, FOR 150.04 FEET, TO A POINT ON THE EAST
LINE OF THE WEST 180 FEET OF SAID TRACT 109;
THENCE N.0O'30'19"W., ALONG SAID EAST LINE FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF' SAID TRACT 109, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL:
•
THENCE 5.89'31'58"WA, ALONG THE SAID NORTH LINE FOR 150.03 FEET, TO A POINT ON THE EAST UNE OF THE i I
WEST 30 FEET OF SAID TRACT 109;
THENCE N.00.30'28.V., ALONG SAID EAST LINE FOR 50.01 FEET;
THENCE 5.45'28'02'E., FOR 28.30 FEET;
THENCE N.89'31.58'E.. FOR 130.03 TO A POINT ON THE EAST LINE OF THE WEST 180 FEET OF SAID TRACT 109;
THENCE S.00.30.19"E., ALONG SAID EAST LINE, FOR 30.00 FEET TO THE POINT Of BEGINNING OFF THE' HEREIN
DESCRIBED PARCEL. /
COONTAINING 4,701 SQUARE FEET, MORE OR LESS.
0 40 BU 160 0, j
MICJMDL A NW.CRORSSRIHM 61REIE'IM k NWER
SKETCH at DESCRIPTION ONLY Il0@0A RECASIA I0L C,y NA 9307
NOT A BOUNDARY SURVEY SCALE't'.BO' Sw"N0 D4Ci 7 J�
R07 YAM M1114001 DK MGM. -h DUMP fi 05507 SFx Of
FOR:COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A 11.0075A RECSTER.EO 1.90165gINL 00 OR AND I,MPKR.
GOLDEN GATE BOULEVARD � T w�
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ,..,5A41‘.. a&en t�ae0 mnris I
PARCEL 227 RDUE 0610 FM WHEW.. I:
IIb P ,
COLLIER COUNTY, FLORIDA flow I 6�074W6 FAR 0474676
LBW:OR '
• JOB
NUMBER I REVISION SECTION TOWNSHIP I RANGE E I I"SCALE 0 FEB. 2005(D S.O.L. UN49 5 27 1 SHEET E1
I
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SUBJECT PHOTOGRAPHS
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***************************************************************
Kenneth R. Devos,MAI, SRA, Golden Gate Boulevard East PCL 227 Page 3
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