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Agenda 07/11/2017 Item #16K507/11/2017 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the global amount of $490,000, inclusive of all attorneys’ fees, expert fees and costs, to Lowe’s Home Center, Inc. for the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $373,220). OBJECTIVE: To settle full compensation owed for the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE which were required for intersection improvements at US 41 and C.R. 951, Project No. 60116, hereinafter referred to as the “Project.” CONSIDERATIONS: On October 23, 2012, the Board of County Commissioners (Board) authorized the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE (hereinafter referred to as the “Parcels”) via a condemnation resolution in order to construct the Project. On March 1, 2013, the Court granted the County’s Stipulated Order of Taking conveying the Parcels to the County upon the deposit of $116,780 into the Court Registry. The Parcels were taken from portions of Lowe’s Shopping Center parking lot on the southwest corner of the intersection of US 41 and C.R. 951 (Collier Boulevard). Lowe’s initially came to the County with a claim well above $1,000,000 citing severance damages as a result of the County’s taking of the Parcels and construction of the proposed improvements. Through negotiations during the pendency of the construction, the County, in conjunction with engineers hired by Lowe’s, designed a cure option to reestablish an outfall which included the installation of a back-flow preventer in one of the drain pipes. The cure to install the back-flow preventer cost the County $30,000. After the cure was installed and confirmed to be functioning as intended, Lowe’s claimed $460,000 in compensation for the property taken. The parties agreed to a settlement figure in the amount of $490,000 which includes all attorney fees, expert fees and litigation costs. Pursuant to Section 73.092(1)(b), Florida Statutes, an attorney representing a property owner is entitled to fees based on non-monetary benefits where the attorney can prove that they were successful in negotiating cures and other remedies for their client which would have otherwise resulted in additional compensation. The settlement achieved in this case contemplates non-monetary benefit fees well below what may have been awarded at a fee hearing. In addition to the attorney fees, Lowe’s incurred expert fees of $104,205. While expert fees can be negotiated down to a “reasonable” amount, as was contemplated in the global figure, the County is obligated to pay those costs pursuant to Section 73.091, Florida Statutes. The County has also agreed to allow Respondent to reserve the right to bring a claim, if any, of additional damages if and when an overpass is constructed within the footprint of the current right-of-way taking. The County reserves the right to dispute the amount of damages and determine there are no additional damages to the remainder property at the completion of the construction. This settlement will, in essence, delay any severance damage claims until such time as an overpass is actually b uilt, and damages, if any, can be accurately quantified. Although there is no set time for when an overpass will be built, there are no immediate plans to build one at this intersection. This language has been included in most final judgments on this Project. The County Attorney’s Office and Transportation Staff recommend approval of this settlement, since a better result is not anticipated at trial. If approved the County will be required to pay $373,220 over the amount already deposited into the Court Registry. Upon approval, the County Attorney's Office will file the attached Joint Motion for Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $373,220 are available in the Transportation US 41/SR-CR 07/11/2017 951 Intersection Improvement Project (#60116). Source of funds is Road Impact Fees. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To approve a Stipulated Final Judgment in the global amount of $490,000, inclusive of all attorney fees, expert fees and costs, to Lowe’s Home Center, Inc., for the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116. Prepared by: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Proposed Joint Motion for Stipulated Final Judgment (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doc ID: 3443 Item Summary: Recommendation to approve a Stipulated Final Judgment in the global amount of $490,000, inclusive of all attorneys’ fees, expert fees and costs, to Lowe’s Home Center, Inc. for the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $373,220). Meeting Date: 07/11/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 06/27/2017 4:32 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/27/2017 4:32 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/27/2017 4:37 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 06/27/2017 5:09 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 06/28/2017 7:40 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/29/2017 8:32 AM Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 06/27/2017 4:29 PM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/30/2017 8:25 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/30/2017 8:41 AM Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/30/2017 9:34 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 4:19 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2017 10:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 10:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. LOWE'S HOME CENTER, INC., a North Carolina corporation; RED NAPLES HOLDINGS V., LLC, a Florida limited liability company; KRG EAGLE CREEK III, LLC, an Indiana limited liability company; TJS NAPLES, LLC, a Florida limited liability company; BARRON COLLIER RESOURCES, LLLP, a Florida limited liability limited partnership; COLLIER LAND AND CATTLE CORPORATION, a Florida corporation; WALGREEN CO., an Illinois corporation; 7 - ELEVEN, INC., a Texas corporation; FLORIDA POWER & LIGHT COMPANY; GULF COAST DONUTS, LLC, a Florida limited liability company, d/b/a Dunkin' Donuts; LARRY H. RAY, as Collier County Tax Collector, Respondents. Case No.: 2013 -CA -142 Parcels: 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT AS TO PARCELS 105FEE1, 105FEE2, 105FEE3,105TCE1, 105TCE2,105TCE3,105TCE4, AND 105SWE AND AGREED ORDER ON APPORTIONMENT AND Petitioner, COLLIER COUNTY and Respondent, LOWE'S HOME CENTER, INC., a North Carolina corporation, by and through their undersigned counsel, hereby stipulate and jointly move the Court to enter the Stipulated Final Judgment as to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE and Agreed Order on Apportionment and Disbursement of Funds from Trust Account attached hereto as "Exhibit One." Kurt H. Garber FBN: 0019496 FIsnBACK, DOMINICK, ET AL. 1947 Lee Road Winter Park, FL 32789 (407) 262-8400 Attorneys for Respondent, Lowes Home Center, Inc. Dated this �d day of Td n e 2017 2 Jeffrey L. Hinds FBN: 0008710 Jay J. Bartlett FBN: 875163 SMOLKER BARTLETT LOEB Hums & SHEPPARD, P.A. 100 North Tampa St, Suite 2050 Tampa, Florida 33602 (813) 223-3888 Special Counsel to the Petitioner Dated this day of 2017. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. LOWE'S HOME CENTER, INC., a North Carolina corporation; RED NAPLES HOLDINGS V., LLC, a Florida limited liability company; KRG EAGLE CREEK HI, LLC, an Indiana limited liability company; TJS NAPLES, LLC, a Florida limited liability company; BARRON COLLIER RESOURCES, LLLP, a Florida limited liability limited partnership; COLLIER LAND AND CATTLE CORPORATION, a Florida corporation; WALGREEN CO., an Illinois corporation; 7 - ELEVEN, INC., a Texas corporation; FLORIDA POWER & LIGHT COMPANY; GULF COAST DONUTS, LLC, a Florida limited liability company, d/b/a Dunkin' Donuts; LARRY H. RAY, as Collier County Tax Collector, Respondents. Case No.: 2013 -CA -142 Parcels: 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE STIPULATED FINAL JUDGMENT AS TO PARCELS 105FEE1,105FEE2, 105FEE3, 105TCE1,105TCE2,105TCE3, 105TCE4, AND 105SWE AND AGREED ORDER ON APPORTIONMENT AND DISBURSEMENT OF FUNDS FROM TRUST ACCOUNT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and by Respondent, LOWE'S HOME CENTER, INC., a North Carolina corporation, (hereinafter "Owner"), by and through their respective undersigned counsel, for entry of this Stipulated Final Judgment as to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE for Project 60116, and it appearing to EXHIBIT ONE TO JOINT MOTION the Court that the parties are authorized to make such Motion, and the Court being fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that: 1. Petitioner, COLLIER COUNTY, FLORIDA, will pay a total sum of FOUR HUNDRED NINETY THOUSAND Dollars and 00/100 ($490,000.00) in full settlement of all claims for full compensation from Respondents whatsoever, including statutory interest, any and all severance damages and business damages relating to the taking of Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE and specifically including all attorney's fees, litigation costs, and expert fees. This sum is apportioned solely to Owner -Respondent LOWE'S HOME CENTER, INC.. 2. Petitioner, COLLIER COUNTY, FLORIDA, shall be entitled to a credit in the amount of One Hundred Sixteen Thousand Seven Hundred Eighty Dollars and 00/100 ($116,780.00) previously deposited with the Court pursuant to the Order of Taking dated March 18, 2013. 3. The aforementioned sums in Paragraph 1 shall be paid to Owner as follows: within thirty (30) days of entry of this Final Judgment, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of THREE HUNDRED SEVENTY-THREE THOUSAND TWO HUNDRED TWENTY Dollars and 00/100 ($373,220.00) to the Fishback, Dominick, Bennett, Ardaman, Ahlers, Langley & Geller LLP Trust Account, c/o Kurt H. Garber, 1947 Lee Road, Winter Park, FL 32789-1834 for proper disbursement as compensation owed for parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE. 4. There shall be no further funds due from Petitioner for the taking of Parcels 105FEEl, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE beyond what is set forth in this Final Judgment. 2 5. This final judgment is based upon the revised construction plans for the at -grade intersection improvements completed as of April, 2016, including revised sheets 46 and 104 of said plans which are attached hereto and incorporated herein as Exhibit "1". Petitioner will operate and maintain the inline check valve as shown on Exhibit "1" in accordance with the South Florida Water Management District ("SFWMD") Environmental Resource Permit Number 11-00528-5 ("Permit"), including but not limited to Special Conditions Items 3 and 10, and the Minor Modification to the permit issued by the SFWMD on August 27, 2015. 6. Owner's claim for severance and business damages resulting from the grade - separated overpass of C.R. 951 over U.S. 41 ("Overpass Claim") shall be determined at the time of completion of construction of the overpass. The right to raise such claims shall only be available to the owner of the property and existing business owner at the time of the completion of the overpass. If the owner(s) chooses to sell the remainder real estate and/or business prior to the completion of the overpass, such right to claim damages shall extinguish as to the current Owner and pass to the subsequent owner(s) of the remainder real estate and/or business proprietor. Accordingly, the term "Owner," as it is used in the rest of this paragraph only, shall also refer to the subsequent owner(s) of the remainder real estate and/or business proprietor if the current Owner no longer has an interest in the remainder real estate at the time of completion of the overpass. a. If additional portions of the remainder real estate are acquired for the construction of the aforementioned overpass, Petitioner shall have no additional liability to Owner under this Final Judgment. Owner will be entitled to full compensation and other damages in accordance with Florida law as a result of additional property interests being acquired from the remainder real estate. 3 b. If no additional portions of the remainder real estate are acquired for the construction of the aforementioned overpass, Petitioner shall be entitled to contest what amount is owed to Owner, if any; but, with the exception of any defenses available to Petitioner pursuant to Fla. Stat. §73.071(3)(b) (2016), Petitioner shall not contest the legal compensability of the Overpass Claim. In the event that no additional portions of the remainder real estate are acquired for the construction of the aforementioned overpass, Petitioner shall provide Owner with Notice of Completion by certified mail return receipt requested to the address listed on the Petitioner's tax roll and/or State of Florida, Division of Corporations then current records of the construction of the overpass upon said completion. In order to bring an Overpass Claim, Owner shall give Petitioner notice by certified mail return receipt requested of such Overpass Claim, which notice shall include a copy of this Final Judgment, no sooner than receipt of Petitioner's Notice of completion of construction of the overpass improvements and no later than 3 years after receipt of said Notice. Within one hundred and fifty (15 0) days from the date of notice from the Owner of its Overpass Claim, Petitioner shall tender offers of settlement for both severance damages and for business damages to Owner via certified mail return receipt requested. Petitioner and the Owner shall schedule mediation to attempt to resolve the Overpass Claim no later than 90 days after the offers of settlement have been received, if Owner rejects the settlement offers tendered by Petitioner. Should the parties not resolve the Overpass Claim at mediation, Petitioner shall file suit against Owner based on this Judgment and the parties shall proceed to a Jury Trial on the issue of full compensation and business damages, without the need for any further mediation. Attorney fees shall be awarded pursuant to the provisions of Section 73.092(1), Florida Statutes, with the benefit being calculated as the difference between the above -referenced settlement 4 offer(s) and the amounts contained in the final judgment(s). Costs shall also be awarded in accordance with Section 73.091, Florida Statutes. 7. Title to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated March 18, 2013, as amended on October 27, 2013, and the deposit of money heretofore made, is approved, ratified and confirmed. 8. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official Record Book 7879, Page 1825, et seq., of the Public Records of Collier County, Florida, is hereby dismissed as to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and 105SWE. 9. The Court reserves jurisdiction to enforce the terms of this Final Judgment. 10. This Final Judgment is to be recorded in the Official Records of Collier County, Florida. IT IS THEREFORE, DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of 2017. EXHIBIT ONE TO JOINT MOTION HONORABLEJAMESSHENKO CIRCUIT COURT JUDGE Copies to: Jeffrey L. Hinds, Esq. Jay J. Bartlett, Esq. Kurt H. Garber, Esq. Suzanne M. Driscoll, Esquire Kenneth A. Jones, Esquire Charles PT Phoenix, Esquire 5 Exhibit 1 (Two Pages) Mv lei y :x .% •tea J %; ��/ map . �� Ie� \.'': q �\�. /Ir/ +Y: '.� •yl i . / WF aa�_...\ / 4O"if WW*q"I o �:....� `•.a:. jai;}a ter. -'�"' `4'e' :�'' ,•L::-���,�p..'� 'c��'. a t '���1.� � � $� bIE .•. t tall m flM a 1! ZAU ia W MA " a s— Exhibit "1" Sheet 1 of 2 ONE INS No n Exhibit 'T' Sheet 2 of 2 Exhibit A (Twelve Pages) Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule Il. 2. Schedule II describes and depicts a fee simple acquisition from Owner(s) for road construction and related purposes, all being associated with the Project. The County shall acquire a fee simple interest in the property described and depicted on Schedule ll. Schedule I - Page 1 of 1 LEGEND RW - ROIT-OF-WAY OR - OFFICIAL RECORDS BDOK PB - PUT BOOK PG - PAGE PDS . POINT OF BEGINNMG NO. - NUMBER S.R. - STATE ROAD AKA - ALSO KNOWN AS L - LENOIR R - RADIUS A - DELTA CB - CHORD BEARING C - CHORD LEGAL DESCRIPTION — PARCEL 105FEE1 .1.1 `CJI A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESIERLY RICHT-OF-WAV LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31', AND WHOSE LONG CHORD BEARS N64'46'16'W FOR A DISTANCE OF 36.86 FEET: THENCE NO3^46'45'E FOR 60.26 FEET: THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 58T32'47'E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 1759'23', AND WHOSE LONG CHORD BEARS N85'57'31'E FOR A DISTANCE OF 11.31 FEET: 04' THENCE S56'15'W FOR 75.86 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSKRJAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .-. PROTECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPMON PARCEL 105FEEI: RIGHT -OF -RAY PREpARffi1 FOIL. COLUEE COT/NTY GOVOIKIBNT/BOARD OF COUNTY COMYIBSIONBBS SCHEDULE II - Page 1 of 3 R LOT 1 � CAPRI COMMERCIAL \ 1 CENTER NO. 2 j E PB 49, PG 5 LOWS$ HOME CENTERS, ING OR 4467, PG 1996 I S FOUO NO. 25365002589 TRACT P-3 i 0 40 BO GFMII[ SCALE i j i i LEGEND RW - ROIT-OF-WAY OR - OFFICIAL RECORDS BDOK PB - PUT BOOK PG - PAGE PDS . POINT OF BEGINNMG NO. - NUMBER S.R. - STATE ROAD AKA - ALSO KNOWN AS L - LENOIR R - RADIUS A - DELTA CB - CHORD BEARING C - CHORD LEGAL DESCRIPTION — PARCEL 105FEE1 .1.1 `CJI A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESIERLY RICHT-OF-WAV LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31', AND WHOSE LONG CHORD BEARS N64'46'16'W FOR A DISTANCE OF 36.86 FEET: THENCE NO3^46'45'E FOR 60.26 FEET: THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 58T32'47'E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 1759'23', AND WHOSE LONG CHORD BEARS N85'57'31'E FOR A DISTANCE OF 11.31 FEET: 04' THENCE S56'15'W FOR 75.86 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSKRJAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .-. PROTECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPMON PARCEL 105FEEI: RIGHT -OF -RAY PREpARffi1 FOIL. COLUEE COT/NTY GOVOIKIBNT/BOARD OF COUNTY COMYIBSIONBBS N \P � OI In I S I I I I o w m G..,........1„�y RW - RN90-0F-WAY GRAPRIC SLVE OR - OFFICIAL RECORDS BOOK LOT 1 V = go' CAPRI COMMERCIAL POB - POINT OF BEGINNIW CENTER NO. 2 NO. - NUMITER PB 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25366002589 a N18'17'33'E 40.BD' TRACT NO3'3'46'I5 UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 SCHEDULE II -Page 2 of 3 105FEE2 654 SF POB FOLIO NO. 00726720800 SIMPLE INTEREST LEGAL DESCRIPTION — PARCEL 105FEE2 Aw \ ,- I 0 OI In I I I I I I LEGEND RW - RN90-0F-WAY OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNIW NO. - NUMITER S.R. - STATE ROAD ANA - ALSO KNOWN AS I A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGTHENNING AT THE PUBLIC RECORDS F OWER COUNTY, FLORIDA NER OF THE EALSOBEING ARIBED IN OMCIAL PLATTED CORNERRDS BOOK OF LOT 13CAPRIPAGE 1131 COMMERCALF CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NBVC,4'47 W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131; THENCE LEAVING SAID NORTHERLY BOUNDARY NOS46'45"E FOR 46.34 FEET: THENCE N18'17'33"E FOR 40.80 FEET;' THENCE SO4'08'23"W FOR 86.03 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 654 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW JUN 15 2012 kk MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 AT/SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRWYTON PARCEL A05FEE2: RIGHT -OF -HAY VWAW FOR COWELL COUNTY GOVTOIK/RNT/BOABD OF COUNTY COMMMONEAS x •`\�f SCHEDULE II - Page 3 of 3 / TA'APxIC SE" P �I LOT 1 / CAPRI COMMERCIAL N3/'3I PDB CENTER PB 31, PG 52 TJS NAPLES, LLC Oft 4267, PG 3129 FOUO N0, 2536800002805FEE3 ,003 SF V ya F �b LOT 1 ' CAPRI COMMERCIAL CENTER NO. 2 PB 49, PC 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 LEGEND FOLIO NO. 25368002589w RW RW - RIGM-OF-WAY N85'56'42WOR - OFFICl/L ITEOUROS BOOK 6.59' PPBO PAGE BOOK POB — POINT OF BEGBNING NO. - NUMBER � ROAD PLE S.R. - STATE R AKA - use KNOWN As LEGAL DESCRIPTION — PARCEL 105FEE3 ST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49. PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE SO4'11'32'W FOR 273.75 FEET ALONG THE WESTERLY RIGHT-OF-WAY UNE OF S.R. 951; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY UNE OF SAID S.R. 951, N85'56'42W FOR 6.59 FEET; THENCE N0346'45E FOR 257.49 FEET; THENCE N31'36'327 FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER (PLAT BOOK 31, PAGE 52). TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,003 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 15 2012 �M /int MIC L A WARD PROFESSIONAL LAND SURVEYOR LS/ 5301 D T SRiNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. T YIC. PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION r,.A4AAyF4 PARCEL 105FEE3: RIGHT -OF -RAY "lowft"P"F'�'^• ' N R ulw PREPARED FOR: COWER COUNTY GOY®OIYRNT/BOARD OF COUNTY COYIkMONEP5 JOB NUMBER REVISION SEOTION TOWNSHIP RANGE SCDATF DRAWN AY FILE NAME SNEE: 090081.00A0 1 3 51S 26E I.% =0' 3 13 12 R.A.K. SKD_tO5FEE3 1 OF 1 Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 601161 The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement ("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. Schedule III - Page 1 of 2 b. All the TCE rights and privileges granted herein shall commence on the day the easement rights are vested in the County through agreement, court order, or operation of law and end three (3) years after that date. c. Throughout the duration, the County has the right and authority to remove and dispose of dirt, rocks and vegetation within the temporary construction easement area. To the extent damage or loss results from use of the TCE by the County, its agents or contractors, County shall compensate Owner(s) for any damage or loss remaining at the end of the of term of this TCE. 3. Owner(s), their heirs, successors and assigns may continue to use the TCE area for any lawful purposes that do not directly interfere with the County's acquired rights; provided, however, that Owner(s), their heirs, successors and assigns shall not construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the TCE area (for as long as it shall exist) which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the TCE area (for as long as it shall exist). Schedule III - Page 2 of 2 x SCHEDULE IV - Page 1 Of 4 � 6 0 2D 40 UNPLATTED KRG EAGLE CREEK III, LLC w GRAPHIC SCAB OR 3805, PG 1131 1• _ 40. \ FOLIO N0. 00726720800 d a 105TOE1 6" 1547 SF pOH S8T32'47"E a 30.01' LOT I W CAPRI COMMERCIAL 7 4� ENTERNPEI 49. OG 5 � � '� LOWE'S HOME CENTERS, INC $ N6T32'47"W OR 4467, PG 1896 F1 24.07' L FOLIO NO. 25358002588 b3 N54'22'24W 7.64' L-23.70' R-82.00' A-21'53'50' L-1 53' CB-N6819'19"W R-100.00' 023.55' A-032'44' C8-N76'49'53'W C-1.53' UNPLATIED RED NAPLES HOLDINGS V. LLC OR 4712, PG 2198 FOLIONO. 00726724107 LEGEND RW - RIGNT-OF-WAY OR - OFFICIAL RECORDS BOOK PB - PUT BOOK PG - PACE POB . PONT OF BEGINNING POC - POINT OF COIMFNCDVM NO. -NUMBER SR. — STATE ROAD ANA - ALSO KNOWN AS LEGAL. DESCRIPTION — PARCEL 105TCE1 A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 FAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE 5(NRIF+AST GORIER OF THE PAFDEL DESCRIBED N OPTICAL RECORDS BOOK 3605. PAGE 1131 OF THE PUNIC AS SHOWN ON THE PLA CAPRI COMIEACML CENTER N0. 4 RECORDED N PUT ABOOK 49, RECORDS OF cDLuER COUNTY, FLOM006 AUSD HONG A PLATTED CORNER OF LOT I THE WERIGHT-OF-WAY THE PUBLIC RECORDS OF 51. COWER COUNTY. FLORW&, THENCE N.0732'47W.. FOR 24.07 F12T ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3005, PAGE 1131, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL' THFIKIE LEAVING SAID SOUTHERLY BOUNDARY. 5.03'46'45'*., FOR 00.26 FEET TO A PORK ON A CURVE' THENCE ALONG THE SOUTHERLY BOUNDARY OF THE "ACCESS LEO' OF LOT 1, THE FOLLOMNG THREE (3) DESCRIBED OOURSES: 1) THENCE WESTERLY 1.63 FEET ALONG THE ARC OF A NON-TANGFNML CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL. ANGLE OF 005744' AND HMO SUBTENDED BY A CHORD WHICH DEARS N.75'49'53YP. PIM 1.63 FEET TO A POINT OF REVERSE CURVATURE: 2) THENCE NORIMYESTERLY 23.70 FEET ALONG THE ARC OF A HEVTRSE CURIE TO THE RIGHT HAVING A RADIUS OF 6200 FEET THROUGH A CENTRAL ANGLE OF 21'53'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NAB79'19'W. FOR 23M FEET,' 3) THENCE N.SV22'24'W., FOR 7.64 FEET: THENCE, LEAVING THE SOUIHER.Y Ill"DARY OF SAID 'ACCESS LEG'. N.GS48'48'E., FOR 45.65 FEET: THENCE S.OT32'47'E" FOR 30.01 FEET NTNG THE NORMERLY BOUNDARY OF HAD 'ADOESS LEG'. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTNMNO 1,647 SGUME FEET, MORE OR UES& SUBJECT TO EASEMENTS AND RESTRDTDNS OF IDCORD. MICHAEL A. WARD PROFESSIDNAL LAND SURVEYOR LSI 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE R RAISED EMSMED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS 6 NOT A SURVEY. IA Nli !Y M F ,.m/p lMl A Mtll FY—A- M CO01 M 1 M 4A •w M fliRLl_FYI iC PR0IEM.. 0.8.41/C.R.961/9.8.961 Dom T� 91=111 AND LEGAL DESCRRIP7770N R-�iivft PARCEL 105TCEL: TEMPORARY CONSTRUCTION ZAffgN3MT A°1o"'�"P'°dMRBi1am0 IRCI-.RaDD•4RIm PWAI® FM COLIM COUNTY OWUNIM/BURD OF LOIRTY ODNESSIGNUS Rvm:LOAI ��F�Ax,1LNjBl/aRA JOB NUMBER TENSION SECTION TOWNSHIP RANGE SCALE DATE OR BY FlLE NAME SKELY 090001.00.00 3 3 515 26E 1" = 40' 4/18/13 GWR 9D_IOSTCE1JiLV1 1 OF 1 SCHEDULE IV - Page 2 of 4 •S If E � 94 I wHryY 0 0 m GWRiI� 1' - 80. LOT 1 CAPRI COMMERCIAL POC CENTER PB 31, PC 52 NAPLES, LLC pm�NG mTJS LEGEND OR 4267, FG 3129 RW - RIGHT-OF-WAY FOLIO NO. 25368000028 OR - OFFICIAL RECORDS BOOK / n PB PUT BOOK PG . PACE 0 N POB - POINT OF BEGINNIM OF CONMENCEMENI POC - COMMENCEMENT / NUMBER N0.. NUMBER � B.R. - STATE ROAD p w IllA . ALSO KNOWN AS n / \ I�NS6'42V T09' aN LOT 1 585'56'42"E $ CAPRI COMMERCIAL 60.00' ^ @ CENTER NO. 2 m F PB 49, PG 5 NOS4V45"E 3 LOWE'S HOME CENTERS, INC 70.00' POB b OR 4467, PG 1996 q I FOLIO NO. 2536BW2589 SOS46'45"W to 105TCE2 I 70.00' 4,200 SF LEGAL DESCRIPTION — PARCEL 105TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER. AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY UNE OF S.R. 951; THENCE SO4'11'32 W FOR 203.75 FEET ALONG THE WESTERLY RIGHT -OF -WAV UNE OF SAID S.R. 951; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAV UNE N85'56'42W FOR 7.09 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: THENCE SOS'46'45"W FOR 70.00 FEET; THENCE NBS'56'42"W FOR 60.00 FEET; THENCE NOS46'45"E FOR 70.00 FEET; THENCE S85'56'42"E FOR 60.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TEMPORARY TECM - ROW CONSTRUCTION EASEMENT JUN 15 2012 DURATION 3 YEARS. ICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS/ 5301DA ST1-IGNED NOT VALID WTTHOUT THE ORIGINAL SIGNATURE 8& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .. PROJECT: U.S.41/C.R.951/8.R.951 SKETCH AND LEGAL DESCRIPTION PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT PREPARED FOTU COWER COUNTY GovaK RNT/BOARD OF COUNTY COIDO>iSTONERS w N \ / 1* E 5 V 0 30 60 GMICSM 1.. 1. LOT 1 CAPRI COMMERCIAL CENTER NO. 2 SBS'56' P8 49, PC 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO, 25368002589 N85'04'47'W UNPIATfED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720500 LEGAL DESCRIPTION — PARCEL 105TCE3 SCHEDULE IV - Page 3 of 4 i t to O1 Is N �,�IX6TIND IIW N 105TCE3 X821 SF ,S1617'33'W 40.60' SOY46.34' 46'45w 46.3TEMPORARY Poe CONSTRUCTION EAS -Poc OURATION 3 1 LEGEND RW _ RIGHT-OF-WAY OR OFFICIAL RECORDS BOOK M - PLAT BOOK PG - PAGE POB POINT OF BEGINNING POC POINT OF COIMWCEMENf NO. NUMBER S.R. STATE ROAD AKA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE N65'G4'47YY FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE N85'04'47 -W FOR 5.00 FEET: THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3'46'45'E FOR 46.87 FEET; THENCE H1617'33'E FOR 40.81 FEET THENCE NOW00'59"E FOR 76.49 FEET THENCE S85'56'42E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE SO4'00'59'W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, SIB -17'33W FOR 40.80 FEET; THENCE S03'46'45W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW JUN 15 2012 SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & ROUSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PROJECT: U.5.41/C.11.951/S.R.951 SKETCH AND LEGAL DESCRWnON VWa MR � hO�MRC4 PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT 1418'17'337E / 40.81' CTRACT P-3 � I SECTION 3 _NO3'45'45'E I I RANGE 26E 46.67'7 OATC 6 4 12 BRAWN BY R.A.K. N85'04'47'W UNPIATfED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720500 LEGAL DESCRIPTION — PARCEL 105TCE3 SCHEDULE IV - Page 3 of 4 i t to O1 Is N �,�IX6TIND IIW N 105TCE3 X821 SF ,S1617'33'W 40.60' SOY46.34' 46'45w 46.3TEMPORARY Poe CONSTRUCTION EAS -Poc OURATION 3 1 LEGEND RW _ RIGHT-OF-WAY OR OFFICIAL RECORDS BOOK M - PLAT BOOK PG - PAGE POB POINT OF BEGINNING POC POINT OF COIMWCEMENf NO. NUMBER S.R. STATE ROAD AKA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE N65'G4'47YY FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE N85'04'47 -W FOR 5.00 FEET: THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3'46'45'E FOR 46.87 FEET; THENCE H1617'33'E FOR 40.81 FEET THENCE NOW00'59"E FOR 76.49 FEET THENCE S85'56'42E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE SO4'00'59'W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, SIB -17'33W FOR 40.80 FEET; THENCE S03'46'45W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW JUN 15 2012 SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & ROUSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PROJECT: U.5.41/C.11.951/S.R.951 SKETCH AND LEGAL DESCRWnON VWa MR � hO�MRC4 PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT EE'DA1ewPYkpM.&1 m NfW.M1MYJIIN PEEPAR® FM- COWER COIRTY GOYAINMRJTOOBOARD OF COUNTY COWSSIONITRS rnu,.:pa)snam FAILLAIR%1� axc:mu JOB NUMBER 000081.00.00 I REVISION 0 I SECTION 3 IOWNSHIV 515 I RANGE 26E SGCAIC 1" . 60' OATC 6 4 12 BRAWN BY R.A.K. FILE NAME SKD_705TCE3 SHECT 1 or 1 x \ G SCHEDULE IV -Page 4 of 4 \ S ��I-wyy� R/ 0 30 ba `J T��\ GRAPHIC SONE 1 S31'36'32'W 18.33' PO LOT 1 N31'36'32"E I POC CAPRI COMMERCIAL 10.71. TEMPORARY PB 3EMPG TRS NAPLES, LUL-C CpNSTRUMN EASEMENT POOR W NO 4267. 68'0'020028 DURATION 3 YEARS. 'Y LOT 1 CAPRI COMMERCIAL CENTER NO. 2 PS 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 LEGAL DESCRIPTION — PARCEL 15YCE4 105TCE4 914 SF Ln g 0) rn LEGEND R4 - OFFICIAL RECO OR - PLAT BO RECORDS BOOK PB - PUT BOOK PG - PAGE POB PONT OF COBEGINNING04C POC . UMH OF COMMQICEIIFM W. — SATE AMER - RATE ROAD AM ALSO KHowN As A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER LYING ON THE WESTERLY RIGHT-OF-WAY UNE OF STATE ROAD 951, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING THE NORTHEASTERLY PLATTED CORNER OF LOT 1. CAPRI COMMERCIAL CENTER NO, 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE S31'36'32 W FOR 18.33 FEET, ALONG THE COMMON BOUNDARY OF SAID LOT 1. CAPRI COMMERCIAL CENTER AND SAID LOT 1, CAPRI COMMERCIAL. CENTER NO. 2, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID COMMON BOUNDARY, S03 -46.45"W FOR 187.49 FEET; THENCE N85'56'42W FOR 5.00 FEET; THENCE NO3'46'45"E FOR 178.00 FEET. TO A POINT ON SAID COMMON BOUNDARY; THENCE N31'36'32'E FOR 10.71 FEET ALONG SAID COMMON BOUNDARY. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW JUN 1 5 2012 MICHAEL A WARD PROFESSIONAL LAND SURVEYOR l5/ 5301 D ICNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .w.. a au ev r -Ww ,.mm u., a .we, w.-ar.. •�...+• w war neners rr,n,n ,_ w new." n+ r ov,_,rom PROJECT: U.S.41/C.R.951/S.R.951A" M,w SKETCH AND LEGAL DESCRIPTION PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT N1°WAR YaA M -.&MAO NWa.AVIF J M] PREPARED 70R: COWER COUNTY COYEWII®iT/BDARD OF COUNTY COITIIIBSIONERS Pm".:1%1el eaTinWWR Ttl%W!-0SM JOH NUMBER RENSION SECTION TOWNSHIP RANGE SCALC OATF DRAWN BY FII" NAME SHEET 090081.00.OD 0 3 51S 2HE i" - 60' 6 5 12 R.A.K. SKD-105TCE4 1 OF 1 Schedule V (Sidewalk Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 601161 The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule VI") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule VI. 2. Schedule VI describes and depicts a Sidewalk Easement ("SWE") area. The rights acquired to such SWE shall be as follows: The County shall have a perpetual, non-exclusive sidewalk easement for the purpose of maintaining an existing sidewalk and related improvements located over, upon and across the lands described in Schedule VI, together with the right to enter upon said land and to maintain, repair, replace and/or remove the existing sidewalk and related improvements thereon, as the County may deem necessary in its sole and absolute discretion 3. Owner(s), their heirs, successors and assigns may continue to use the SWE area for any lawful purposes that do not directly interfere with the County's acquired rights or the public's use of the existing sidewalk and related improvements thereon; provided, however, that Owner(s), their heirs, successors and assigns shall not construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the SWE area or which may interfere with the County's maintenance, repair, replacement and/or removal of the existing sidewalk and related improvements thereon or which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the SWE area. Schedule V - Page 1 of 1 N Schedule VI (1 OF 1) PARCEL 105SWE e (Revised 6-15-2012) / D� +oma (&APRIL-JR—O 1.. 80. UNPLATTED Ossn94 Rw KRG EAGLE CREEK M LLC OR 4122, PG 2822FOUO 0072636N0DD5 4p14 y/C N35'42'50'E 1t4 �'9y 6.00' SIDEWALK EASEMENT Ag \ K�uEAAGLE 2,998 SF / CREEK, LLC fir• OR 3344. PG Q, 4• 260 ��?. *1l' FOLIO NO. 7 Jy 00726723 JT .JB• POB LOT I S3V37'36'W CAPRI COMMERCIAL 8.00' CENTER NO. 2 PB 49, PG 5 LOWE'S HOME CENTERS, INC LEGEND OR NO. 36 1998 \ RW - RMITOFTV of WAYECO FOLIO NO. 25568002588 LOT 2 CAPRI COMMERCIAL OR R PLAT BO RECORDS BOOK M ' RAT BDdc CENTER REPLAT P PAGE PB 35, PG 55 POB POINT OF eEGMJND ppp... AK ALSONUMBER TJS / FOLIO 42� PG LLC 28 SR _ STATE ROAD / '� _STATE KI>OMN '� FOUO NO. 25368002026 LEGAL DESCRIPTION — SIDEWALK EASEMENT / A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PACE 5 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE S35'37'35'W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1; THENCE N54'22'24W FOR 374.76 FEET; THENCE N3642'50'E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE S54'22'24E FOR 374.75 FEET ALONG THE SOUTHERLY RICHT—OF—WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.998 SOUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. *i�MIC AWARD PROFESSIONAL LARD SURVEYOR LsJ 5301 A/SI=GNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. •/ 4 A,l RII .v R ilPltl lMl 1 OOfI FY,RM /N W I Rf IYRV1. ,- M 1(I�IF M Ot f VLINQI C PROJECT: U.S.41/C.R.951/6.R.951PTI SKETCH AND LEGAL DESCRION Ay N w eeloW�wFRM aNe, ed,lxoo N4w.gvYYJ11W PS!lPAIZ® FOR: COMJBR COUNTY fAPEI10le1T/B011tD OF COUNTY COIOD6ADTRfPS FnNR:aa>t w)mn FAt<:B�Iso]am IA IM 0.Y1 JOB NUMBER I RLVISION SECTION I TOWNSHIP RANGE I SCALE DATE DI+AWN DY SHEET 090081.00.00 2 3 51S 26E t' BO' 6 4 12 R,A.K. 7 OF 1