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Agenda 03/12/2013 Item #16A 3 3/12/2013 16.A.3. EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement and Temporary Easement Agreement for the acquisition of a Drainage Easement(Parcel No. 272 DE) and Temporary Construction Easement (Parcel No. 272TCE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project(Project#51101)Estimated Fiscal Impact:$2,325. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for an Easement Agreement and a Temporary Easement Agreement for the acquisition of a Drainage Easement and a Temporary Construction Easement both of which are required for the construction of the Crown Pointe Weir in the Haldeman Creek segment of the Lely Area Stormwater Improvement Project. CONSIDERATIONS: Parcel No. 272DE and Parcel No. 272TCE (Legal descriptions and sketches of both are attached) contain 176 square feet and 347 square feet respectively, and are located in South Shore Lake Villas at Crown Pointe and owned by Mr. & Mrs. James Dimino (Location map attached.) The Easement Agreement provides for a purchase price of$1,745.00 and the Temporary Easement Agreement provides for a purchase price of $500.00 (totaling $2,245.00). Please refer to the attached appraisal report prepared by the Growth Management Division's Review Appraiser, Harry Henderson, SRA and note that the appraisal for the Drainage Easement is $1,450.00 and the appraisal for the Temporary Construction Easement is $500.00, totaling $1,950.00. The property owners have agreed to accept $2,245.00 which is 15% above the County's estimation of full compensation. FISCAL IMPACT: Funds in the amount of $2,325.00, being the purchase price of both easements totaling $2,245.00, and recording costs of approximately $80.00 will be paid from Stormwater Capital Improvement Fund 325 under Lely Area Stormwater Improvement Project #51101. The source of funds is Ad Valorem taxes. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Staff cannot approve this purchase administratively as the agreed upon compensation exceeds the appraised value. Pursuant to Fl. Stat. Sec. 125.355, there is no requirement for an appraisal for any purchase under $100,000, and the Board by majority vote may approve a purchase under $500,000 even though it exceeds appraised value. Accordingly, this item is legally sufficient, requiring majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approves the attached Easement Agreement and the Temporary Easement Agreement and authorizes its Chairwoman to execute same on behalf of the Board; accepts the conveyance of Drainage Easement (Parcel No. 272DE) and Temporary Construction Easement (272TCE) from Mr. & Mrs. James Dimino to Collier County and authorizes the County Manager, or his designee, to record the conveyance instruments in the Packet Page-999- 3/12/2013 16.A.3. public records of Collier County, Florida; authorizes the payment of all costs and expenses necessary to close the transaction; authorizes the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreements; and authorize any and all budget amendments which may be required to carry out the collective will of the Board. Prepared By: Joan M. Smith, SR/WA, Senior Property Acquisition Specialist, Growth Management Division, Transportation Engineering, Right-of-Way Acquisition Transportation Engineering Attachments: 1)Easement Agreement; 2) Temporary Easement Agreement; 3)Drainage Easement; 4) Temporary Construction Easement; 5)Legal Descriptions and Sketches; 6) Location Map: and 7)Appraisal Report dated December 4, 2012. Packet Page-1000- 3/12/2013 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.3. Item Summary: Recommendation to approve an Easement Agreement and Temporary Easement Agreement for the acquisition of a Drainage Easement (Parcel No. 272 DE) and Temporary Construction Easement (Parcel No. 272TCE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project (Project#51101) Estimated Fiscal Impact: $2,325. Meeting Date: 3/12/2013 Prepared By Name: SmithJoan Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management 2/12/2013 2:59:41 PM Submitted by Title: Property Acquisition Specialist, Senior,Transportation Engineering&Construction Management Name: SmithJoan 2/12/2013 2:59:43 PM Approved By Name:NauthRookmin Title: Management/Budget Analyst,Transportation Administr Date: 2/13/2013 3:34:39 PM Name: GossardTravis Title: Superintedent-Roads&Bridges,Transportation Eng Date: 2/13/2013 4:24:55 PM Name: KearnsAllison Date: 2/14/2013 10:57:14 AM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 2/14/2013 12:09:43 PM Packet Page-1001- 3/12/2013 16.A.3. Name: BishopMargaret Title: Project Manager, Senior,Transportation Engineering Date: 2/14/2013 4:13:52 PM Name: ShueGene Date: 2/15/2013 8:49:01 AM Name: LynchDiane Title: Administrative Assistant Date: 2/15/2013 9:04:32 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 2/19/2013 3:27:00 PM Name: KearnsAllison Date: 2/21/2013 10:51:44 AM Name:LynchDiane Title: Administrative Assistant Date: 2/21/2013 4:20:06 PM AllOk Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 2/21/2013 4:47:08 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/26/2013 1:24:07 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/28/2013 10:40:27 AM Name: KlatzkowJeff Title: County Attorney Date: 3/4/2013 4:01:33 PM Name:UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/5/2013 10:47:49 AM Name: OchsLeo Packet Page -1002- 3/12/2013 16.A.3. Title: County Manager Date: 3/5/2013 11:57:01 AM Packet Page-1003- 3/12/2013 16.A.3. PROJECT: LASIP Haldeman Ditch/Crown Pointe Wier Project PARCEL No(s): 272DE FOLIO No(s): 74380000361 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between JAMES DIMINO and JENNY A. DIMINO, husband and wife, whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112-5431, (hereinafter referred to as"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112(hereinafter referred to as"County"). WHEREAS, County requires over, under, 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"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,745.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County(hereinafter referred to as"Closing Documents"): (a) Drainage Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement: Packet Page -1004- 3/12/2013 16.A.3. Page 2 (c) Closing Statement; (d) Grantor's Non-Foreign,Taxpayer Identification and"Gap"Affidavit; (e)W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so,whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a)Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements Packet Page-1005- 3/12/2013 16.A.3. Page 3 granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e)There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g)County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h)The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County 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 the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes"reasonable processing fees." Packet Page-1006- 3/12/2013 16.A.3. rage 4 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s)of transfer. 11. 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/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. Conveyance of the Easement, or any interest in the property underlying the easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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 except that the County shall construct a concrete endwall over the northerly ends of the two existing corrugated metal drain pipes located within Tract D1, South Shore villas at Crown Pointe, as recorded in Plat Book 24, Page 65, of the public records of Collier County, Florida and shall replace the existing rip-rap embankment, and shall back-fill the area south of the new endwall, and shall plant hedge material (bushes) on the back-filled area and shall install silt fencing along the limits of construction (the perimeter of the Temporary Construction Easement). No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. 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 Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Georgia A. Hiller, Esq. Chairwoman Packet Page-1007- 3/12/2013 16.A.3. rage 5 AS TO OWNER: DATED: ,,,:i ess(Signature) J ES DIMINO Name (Print or Type) - Ai. .p a Witn=•s (Si• ature) ) ► k �.`�'aZZEL S Ok Name (Print or Type) Wi ess(Signature) r JEN A. IMiNO Name (Print or Type) Witn s(Sig ture) 5y f Sri of Eti -SovJ Name(Print or Type) Approved as to form and legal sufficiency: Emily R. P pin il Assistant County Attorney Last Revised:04120/2012 Packet Page -1008- 3/12/2013 16.A.3.1 1 1 SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA EXHIBIT �- P� ! st, d- I LOT 11 TRACT "A" 0 10 20 40 / �� �� "D.E." PER PLAT GRAPHIC SCALE co, SCALE: 1" = 20 (0_ LOT 12 9 I C 1 L3 LEGEND PARCEL 272DE ORB = OFFICIAL RECORDS BOOK N DRAINAGE EASEMENT PG = PAGE -� 176 SQ.FT.+/- SQ.FT. = SQUARE FEET LOT 13 D.E. = DRAINAGE EASEMENT LOT 14 S = SECTION �' T = TOWNSHIP JAMES &OwNED BY:JENNY DIMING / 1 R = RANGE FOUO # 74380000361 1 POINT OF BEGINNING I PB = PLAT BOOK PG = PAGE SOUTH SHORE VILLAS AT CROWN POINTE (PB. 24, PG. 85) LiJ t 1 7 IT a I^ q2 i CURVE RADIUS ARC LENGTHICHORD LENGTH CHORD BEARING DELTA ANGLE .21 r wa TRACT D-1" Ci 30.00' 3.54' 3.54' S 86'37'08 E_ 06'46'12 ' Zw W mb l LINE BEARING DISTANCE ( ` ,' ` LOT 15 L1 N 70'00'28" W 8.12' zN �i L2 N 09'59'32" E 20.80' 1 .;:g L3 N 89'59'46" E 4.55' gm 0'~'u L4 S 09'59'32" W 23,41' / q p� g 'W I - g W I qW I 4 N I g I I I POINT OF COMMENCEMENT I SOUTH 1/4 CORNER OF I I S7-T50-R26 POINT OF INTERSECTION-\ ;� 287.89' _ �f _ _S7, 1-50S, R26E 1 N 89'59'32" E \\ S18, T50S, R26E SOUTH LINE OF THE SE 1/4 OF SECTION 7 TECM-ROIn! MAR 2 7 2012 SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION NOT A BOUNDARY SURVEY /�TKI NS.�wao.�a,T �W, JN'OS%.7 ,�"o. M.. BLVD LELY AREA STORM WATER PAVILIONS: MAIM SUITE i= IMPROVEMENT PROJECT(LASIP 19B) I W RGMT.26R Oft. n TAMPA FL 93607 DRAINAGE EASEMENT SKETCH " ATXMPS NORTH AMERICA,4VC. PIM262-727b 34 « 1:14 Ft,ORA:4 CERTIFICATE OF AUTHORIZATION NUMBER L92t AND DESCRIPTION 44 SHEET:1 OF 2 Packet Page -1009- 3/12/2013 16.A.3._. SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA J} EXHIBIT 7)- DESCRIPTION DRAINAGE EASEMENT PARCEL 2720E A PORTION OF LOT 14 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF' THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32"E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, A DISTANCE 287,89 FEET TO A POINT BEING THE INTERSECTION OF NE SOUTHERLY PROLONGATION OF THE WEST LINE OF TRACT "D-1. OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE NO9'59'32"E, ALONG SAID WEST UNE OF TRACT"D—i", 174.71 FEET TO THE POINT OF BEGINNING; THENCE N70•OO'28"W, 8.12 FEET; THENCE ALONG NC/9'59'32"E, AID NORTH LINE OF POINT ON A THE FOLLOWING ANTWO (2) COURSES: 1) SOUTHEASTERLY SALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 3.54 FEET, A DELTA ANGLE OF 084612', A CHORD LENGTH OF 154 FEET, AND A CHORD BEARING OF S8617'O8'E; 2) N8959'46"E, 4.55 FEET TO THE AFOREMENTIONED WESTERLY UNE OF SAID TRACT "D-1"; THENCE 509'59'32"W, ALONG SAID WESTERLY LINE, 23.41 FEET TO THE POINT OF BEGINNING, SUBJECT LANDS CONTAINING 176 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING, 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF' SECTION 7, SAID LINE BEARS N89'59'32"E, 4. LEGAL DESC7RIPT1CNd PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF' A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS NE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ©2011 ATKINS NORTH AMERICA, INC. LICENSED BUSINESS 24 AlY'RI� RVED t< site Peter J. M.ttson Professional Surveyor & Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH NOT A BOUNDARY SURVEY ATKI11[S+a»weorscour oawwu: ywos;rli'welro wowa' LELY AREA STORM WATER AMMO sutrF loo Down IMPROVEMENT PROJECT(ASIP 19B) t WADI 7.201 CHOCKED FAA Arxlusn NORTH AMERICA,nra DRAINAGE EASEMENT SKETCH FLORIDA.CERT/FROME OFA{RHORf1ArlON NUMBER U32I AND DESCRIPTION 7r a ey •. SHEET:2 OF 2 Packet Page-1010- 3/12/2013 16.A.3. PROJECT: LASIP Haldeman Ditch/Crown Pointe Weir Project PARCEL No(s): 272TCE FOLIO No(s): 74380000361 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement), is made and entered into on this day of 20 , by JAMES DIMINO and JENNY A. DIMINO, husband and wife,whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112-5431, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida(hereinafter referred to as"County"),whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112. WHEREAS, County requires a Temporary Easement for drainage and utility facilities over, under, 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");and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $500.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and Packet Page-1011- ; • 3/12/2013 16.A.3. Page 2 notarized where required, in a form acceptable to County(hereinafter referred to as"Closing Documents"): (a)Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d)Grantor's Non-Foreign,Taxpayer Identification and"Gap"Affidavit; (e)W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so,whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a)Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance,encumbrance, or agreement,which consent may be withheld by County for any reason whatsoever. (e)There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, Astiik administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which Packet Page -1012- 3/12/2013 16.A.3. Page 3 affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h)The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County 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 the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 9. Owner agrees to grant the TCE for the purpose of constructing public facilities adjacent to this area. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Haldeman Ditch/Crown Pointe Weir Project #51101, and shall automatically terminate 1,095 days therefrom. Packet Page-1013- 3/12/2013 16.A.3. Page 4 10. 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/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County, 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.) 12. Conveyance of the Easement by Owner, or any interest in the property underlying the Easement, is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. 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 Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Georgia A. Hiller, Esq. Chairwoman Packet Page-1014- 3/12/2013 16.A.3. Page 5 AS TO OWNER: DATED: (2/710d/ --Witness(Signature) S DIMINO 7 c7 r films Name(Prim"' or ype) Pr ,1...tiny' ' Al �itn=f-s(Si"!nature) Name(Print or Type) ens(Signature) \JENNY .DIMI O Whore(Pr.,t or Type) Witn=s�' nature) JO k . ♦ it a a ibtA Name(Print or Type) Approved as to form and legal sufficiency: T4 'tA;i 11.E 4-1 ,t1't Emily R. Pepin Assistant County Attorney Last Revised:04123/2012 Packet Page-1015- 3/12/2013 16.A.3. N 1 Ix'�I'/W TRACT "A" I �` fr E / I TRACT "K" s` / 0 IS 30 / GRAPHIC SCALE I _ I" 3°' lO�D,la �Ora ‘,oa / EX~ L ©00V/IM POUG�JTE j ot._l..- P.,n.TA coca tE* LEGEND D.E. P.B. P.B. . PUT 600K / 24 PG. 66�/ PG.= PAGE I L=3.54' P.O.B. = POINT OF BEGINNING / R=30.00' P.O.C. a POINT OF COMMENCEMENT ' D.E. = DRAINAGE WNW a-6-46'12" / TRACT "A"TCE =TEMPORARY CONSTRUCTION / CB-N86'37.08"W EASEMENT C=3.54' L-6.88' S89'59'46"w / R=30:00' `t P.O.B. 4.55' 6=13'07'50' P.O.C. / CB=576'38'48"E N.E. CORNER C-6.86'// OF LOT 14 / /II -- 12 , / ' 509 59'32"W /' NO9'08'14"E 20.80' /` y 36.09' / 570 00'28'E r 8.12' l~ Ir S09'59'32"W j' L, / 13 f� 13.25' I N80'51'46'W / 1a.31' ;' 272TCE F ,' 347 SF 15 / 1 '---40' D.E. P.B. / 24 PG. 66 -_! 14 a� 1 TEMPORARY CONSTRUCTION EASEMENT I-° DURATION TWO YEARS LEGAL DESCRIPTION - PARCEL 272TCE A PARCEL OF LAND LYING ON LOT 14. SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COWER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24. PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S139'59'46"W FOR 4.55 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 3.54 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 06'46'12". AND WHOSE LONG CHORD BEARS N86'37'O8"W FOR A DISTANCE OF 3.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING THE NORTHERLY BOUNDARY OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, SO9'59'32"W FOR 20.80 FEET; THENCE 570'00'28"E FOR 8.12 FEET. TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE 509'59'32"W FOR 13.25 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT t4; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID LOT 14, N80'51'46"W FOR 14.31 FEET; THENCE N09'08'14"E FOR 36.09 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 14, ALSO BEING THE BEGINNING OF A NON-TANGENTIAL CURVE: THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, 6.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET. THROUGH A CENTRAL ANGLE OF 13'07'50", AND WHOSE LONG CHORD BEARS S76•38'48"E FOR A DISTAj CE •F 6.8/• FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTA fl G 44 1 1 DAR• FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.TECM-ROW e' MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 1 DATE SIGNED DEC 0 5 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 0.r"=.,a.70,7 J39 7■RA7017\,a60220100 UM,u,.eisr.ur I...,,...,o So,"=19oor I.e....Df.r,.e S....ewlce.+,1.'•t,e"V...wrbe..12,7,U..o PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LASIP IBB) T �cPlaeAioa SKETCH AND LEGAL DESCRIPTION Fix S TIN OW PARCEL 272TCE: TEMPORARY CONSTRUCTION EASEMENT 6010 e° Mow PIk NW Sulfa 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONER S N'pb°''Florida 9/109 Phan:8091597.0575 FAX:423915.7-0570 . LB No.:6957 JOB NUMBER REVISION, SECTION TOWNSHIP RANCi. SCALE USE DRAWN BY FIL NAME 120022.00.00 I 0 ( 7 I 505 ( 26E 1" 30' 11/15/12 R.A.K. I 272TCE t SO t Packet Page -1016- 3/12/2013 16.A.3. Project: LASIP Haldeman Ditch/Crown Pointe Wier Project PARCEL: 272 DE Folio No.: 74380000361 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of , 20 , by JAMES DIMINO and JENNY A. DIMINO, husband and wife,whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112-5431, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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 and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) 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, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage and utility facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes and various types of water control structures over, under, upon and across the following described lands located in Collier County, Florida,to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement 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. WITNE ES: (Sign ire) J;/' DIMINO (Print Na -) (S gn:.ture) Slb AO PI (Print Name) Packet Page-1017- 3/12/2013 16.A.3. WITN SES: Thdi 41W (Sign re) JEN A. DI INO (Print Name) gna re) i ) (Print Name) STATE OF 'PAOt fpl COUNTY OF ('C,1`, r' foregoing Drainage Easement was acknowledged before me this b day of tuckr , 20 13, by JAMES DIMINO,who: is ersonally known to me OR produced as L, as proof of identity. C .. ., I J Notary Public Stw d Ronda SI na f (Public) Sortje St9phertson ( 9 e o N�tary Public) 4'a�tl'< MEyCo.°V on7:158719 i\jd f- STE ID ItEN Oki (Print Name of Notary Public) Serial/Commission#(if any):Ec. IS(x019 My Commission Expires: ‘- 2-2t 11, STATE OF Ftpri( q COUNTY OF rx3t`'it. The foregoing Drainage Easgment was acknowledged before me this day of C Ala , 20 1 , by JENNY A.DIMINO,who: is personally known to me OR L/ produced F(_ ) as proof of identity. (affix notarial seal) r~ (,(,,t ( igna re o ry Public) ICJ& Tsg1°&E )&MN/ i't Nw.ryPub#c State ofFtond. (Print Name of Notary Public) Sonja $C30ph9f15°tl h,. • My Commuu n EE 159719 ?°" gams Serial/Commission#(if any): 1S-C. 719 My Commission Expires: 1- 2- 20!(o meek Approved as to form&legal sufficiency Last Revised: 10/15/10 r71 1% Packet Page-1018- 3/12/2013 16.A.3. SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA EXHIBIT A tot ! LOT 71 TRACT "A' 0 10 20 40 3. / ���� D.E.' ' PER PLAT GRAPHIC SCALE c. SCALE: 1" - 20 °G:. ,y / LOT 12 1 Cl L3± PARCEL 272DE LEGEND DRAINAGE EASEMENT ORB = OFFICIAL RECORDS BOOK 176 SOFT.+/- PG = PAGE -4 SQ.FT. = SQUARE FEET LOT 13 D.E. = DRAINAGE EASEMENT / LOT 14 S = SECTION j OWNED BY: 4/ T = TOWNSHIP / JAMES & JENNY DIMINO I POINT OF BEGINNING ' R = RANGE FOLIO 74360000361 PG = PAGE P BOOK SOUTH SHORE VILLAS 1 f AT CROWN POINTE (PB. 24, PG. 65) (4J 1 // 1 of° � CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE z' W� TRACT"0-1* Cl 30.00' 3.54' 3.54' S 86'37'08' E 06'46'12' to i w � LINE BEARING DISTANCE { .Q FA /LOT 15 L1 N 70'00'28" W 8.12' ",, M az L2 N 09'59'32' E 20.80' } — $ L3 N 89'59.46" E 4.55' o� �' L4 S 09'59'32" W 23.41' ' 1Q g J U ' 85. ff/ • Tv it ;g I LJ Q. �I POINT OF COMMENCEMENT SOUTH 1/4 CORNER OF ( I S7-T50-R26 POMi OF NTERSECT:O -\ I 287.89' 'S. _ S7, T50S. R26E 1 __ - N 89.59'32" E -� SIB, 150S, R26E —SOUIH UNE OF THE SE 1/4 OF SECTION 7 TECM - R(71n! MAR 27 ins? SEE SHEET 2 FOR DESCRIPTION, NOTES. AND CERTIFICATION NOT A BOUNDARY SURVEY 117110014 1,110044.01..11.014N1.11106.1411116046 onmuu 4611.91.211 vs*0 —AK= AT ' SmxwaDVSCOU7 LELY AREA STORM WATER amsOf7 .w I IY�N7- to sum 7o IMPROVEMENT PROJECT(LASIP 198) ammo TAMRf.FL 7%a7 DRAINAGE EASEMENT SKETCH y� Dc PA! AMWS NORM AMERICA,INC. MIT 7111.7275 AND DESCRIPTION SHEET:1 OF 2 FLORIDA corm/DATE OF AUIHMIATICWNtABERL814 0 Packet Page -1019- 3/12/2013 16.A.3.- SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLUER COUNTY,FLORIDA DESCRIPTION Pone DRAINAGE EASEMENT PARCEL 2720E A PORTION OF LOT 14 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65. OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7. TOWNSHIP 50 SOUTH. RANGE 26 EAST; THENCE N8959'32"E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7. A DISTANCE 287.89 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST UNE OF TRACT "D-1" OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE NO9'59'32"E, ALONG SAID WEST UNE OF TRACT 1D-1", 174.71 FEET TO THE POINT OF BEGINNING; THENCE N70•OO'28"W, 8.12 FEET; THENCE NO959'32`E, 20.80 FEET TO A POINT ON A NON—TANGENT CURVE ON THE NORTH UNE OF SAID LOT 14; THENCE ALONG SAID NORTH UNE OF LOT 14 THE FOLLOWING TWO (2) COURSES: 1) SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 3.54 FEET. A DELTA ANGLE OF 06'46'12, A CHORD LENGTH OF 3.54 FEET. AND A CHORD BEARING OF S86'37'08"E; 2) N89'59'46"E, 4.55 FEET TO THE AFOREMENTIONED WESTERLY LINE OF SAID TRACT '0-1'; THENCE 509'59'32"W, ALONG SAID WESTERLY UNE. 23.41 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 176 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED. BASED ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SECTION 7, SAID LINE BEARS N8959'32"E. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2011 ATKINS NORTH AMERICA. INC. U. a• BUSINESS 24 RI r, ;a. -VED Peter J. M•ttson Professional Surveyor & Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH ^ma VO**^w+ NOT A BOUNDARY SURVEY LELY AREA STORM WATER oc ut: c. ,y, suremo IMPROVEMENT PROJECT(LASIP 1.98) fM1e"'-"" � ATI(I( /IVY` TAMPA IF133pa DRAINAGE EASEMENT SKETCH y► .,y. FLORIDA C�ICATEOFAUThC ¢Arlwnu�srl.e21 AND DESCRIPTION SHEfT:20F2 Packet Page -1020- 1 3/12/2013 16.A.3. PROJECT:LASIP Haldeman Ditch/Crown Pointe Weir Project PARCEL:272TCE FOLI0:74380000361 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, is made and entered into this day of , 20 , by JAMES DIMINO and JENNY A. DIMINO,husband and wife, whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112-5431, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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 and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT"A"which is incorporated herein by reference, for the purpose of constructing and installing drainage and utility facilities, immediately adjacent to Drainage Easement Exhibit"B"(attached). The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the Crown Point Weir Project #51101, and shall automatically terminate 720 days therefrom. Upon the completion of drainage and utility facilities, the Grantee shall use its best efforts to restore the surface of the temporary construction easement area to its pre-existing condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: ti Is_ ,•i .. .t By: �/`0a dyy�'% Wit = s: S DIM( Pt Name: r Pri Witne . I J SadA S i 'ftFr l V3N1 Print Name: Packet Page -1021- 3/12/2013 16.A.3. l-- III♦4/4 d 444 - : :...a l . 14.004Z Witne. : JE Y -.DIMINO Print Name: Witnls: 40N30- 5r'elttG{f corJ Print Name: STATE OF ROT la q COUNTY OF Ct,1liC-'+r" The foregoing Temporary Construction Easement was acknowledged before me this day of -Tekarva.t-� ,20 (3, by, JAMES DIMINO who: is personally known to me OR LI produced Pt- `AL as proof of identity. (affix notarial seal) L,L , Vy if (Signatu1- o o 'ry ijP�ublic) f "- .f°' , ru:P hc.9w.at moms �•S 6 N A- Sr �'�PTTGN�'or Sonja stepnenaon (Print Name e Notary Public) Ir p My Commission EE 158719 °awl" Expr86011022016 Serial/Commission#(if any):E /57' 7/5 My Commission Expires: I- 2- U tL STATE OF -FI I'S > Z4R COUNTY OF f• tQ The foregoing Temporary Construction Easement was acknowledged before me this day of gcior11 ,20 1 , by,JENNY A.DIMINO who: is personally known to me OR V produced .L_ -DC-- as proof of identity. I (affix notarial seal) ( , ' / v- !�...... (S!nat j e o! ceary Public) , Notary P•+th :,sib+of Fiona A t, ` jam. (_ KENO', {•y� f1 f Sont at or,oson C�I I f,i,) �k Ef I1 E NO U! MY 4+ swn EE 158718•I„a:>� E ktt t . ,02/1015 (Print Name of Notary Public Serial/Commission#(if any): E7 IS 67/ 7 My Commission Expires: V a-t104, Approved as to form&legal autism_ Last Revised:10/15/10 2 Packet Page-1022-' Assis,nt Coo l%mtomev 3/12/2013 16.A.3. R j /I OW i I .. TRACT "A" 1 TRACT "K" lot l l- / J S / L _ GRAPHIC SCALE / EXHeIT- = --- 1^= 10' s0U4b ODOM WOI ] PA.`L I PCr1 / LEGEND 1 / 204 EPG, 66 P.B. = PLAT BOOK PC. = PAGE I L=3,54' \` / P.0.8. = POINT OF BEGINNING f / R=30.00' -.. P.O.C. = POINT OF COMMENCEMENT I 6=6'46'12" TRACT "A" D.E. = DRAINAGE EASEMENT / TCE =TEMPORARY CONSTRUCTION / CB=N86'3T06'W EASEMENT 03.54' L-6.88' 589'59'46"W / R=30.00' \ P.0.8. 4.55' 6=13'07'50" P.O.C. CB=576'38'48"E f N.E. CORNER C=6.86',/ OF LOT 14 _i, `i I 12 }f 1509'S9'321N N09'08'14"E 20.80' r / 36.09' 8.12' '28"E 8.12' - l 0/41 509'59'32 W 13.25' 13 ' N8O'51'46'W I ' / 14.31' i 272TCE 347 SF 35 '''"----40' D.E. P.B. I 24 PG. 66 --.i ' 14 / /+ Qi TEMPORARY CONSTRUCTION EASEMENT �D / DURATION TWO YEARS ' I LEGAL DESCRIPTION - PARCEL 272TCE A PARCEL OF LAND LYING ON LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 7. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 55 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S89'59'46'W FOR 4.55 FEET TO THE BEGINNING OF A TANGENTIAL CURVE: 2) THENCE 3.54 FEET ALONG A CURVE TO THE RICHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 06'46'12". AND WHOSE LONG CHORD BEARS N86'37'OB'W FOR A DISTANCE OF 3.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING THE NORTHERLY BOUNDARY OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PACES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 509'59'32'W FOR 20.80 FEET: THENCE 570'00'28"E FOR 8.12 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE SO9'59'32"W FOR 13.25 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID LOT 14, N80'51'46"W FOR 14.31 FEET; THENCE NO9'08'I4'E FOR 36.09 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 14, ALSO BEING THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, 6.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET. THROUGH A CENTRAL ANGLE OF 13'07'50", AND WHOSE LONG CHORD BEARS 576'38'48"E FOR A DISTA ICE •F 6.8 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONT f G 64 UAR FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.TECM-ROW ( /2 5`/2 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSfi 5301 DATE SIGNED DEC O 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Don roe&}01}]:6., [\MI}\176022.00.00 LAS....wan..k.,.,u, \000;hN.rrw{.r,".,y"n..•\Cro,*,romt 1Ma+l=M,"olr721C£.en PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LASH' 19B) K `X/A SKETCH AND LEGAL DESCRIPTION CON SU>♦N AL.IL PARCEL 272TCE: TEMPORARY CONSTRUCTION EASEMENT 6610%Vim P.ADIM,6"IU 266 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Ph ,.:1239INE 7.05�AX 1129 59}.0578 _ LB No.:6952 JOB NUMBER REVISION I SECIfOl TOWNSHIP I RANGE I SCAki; DATE. DRAWN BY x'IL_ NAVE St{_;'1 120022.00.00 0 7 50S 26E 1" = 30' 11/15/12 R.A.K. { 272TCE 1 CE 1 Packet Page -1023- 3/12/2013 16.A.3.1 SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA 6 EXHIBIT f LOT 11 Pegs- t , i TRACT "A' 0 10 20 40 4, ■��`=�mm� fir,, e.1 "D.E.` PER PLAT GRAPHIC SCALE a. SCALE: 1" = 20 r., 1 LOT 12 C 1 L3 LEGEND PARCEL 272DE ORB = OFFICIAL RECORDS BOOK cy DRAINAGE EASEMENT PG = PAGE 176 SOFT.+/— SOFT = SQUARE FEET LOT 13 D.E. = DRAINAGE EASEMENT LOT 14 S = SECTION T= TOWNSHIP OWNED BY: 41 R = RANGE JAMES & JENNY DIMINO PB = PLAT BOOK FOLIO # 74380000361 i POINT OF BEGINNING i PG = PAGE SOUTH SHORE VILLAS f j AT CROWN POINTE (PEI. 24, PG. 65) L I I '/o,In 17 / I CURVE1RADIUSARC LENGTH! LENGTH CHORD BEARINGDEL7A ANGLE 2'^ �~ 8 TRACT 'D-1' Cl 30.00' ! 3.54' 3.54' S 86'37'08" E 1 06'46'12` ( 1 We LINE BEARING DISTANCE ( �4 'LOT 15 L1 N 70'00'28" W 8.12' .z,g cia L2 N 09'59'32" E I 20.80' _ L3 N 89'59'46" E I 4.55' " L4 S 09'59'32" W 23.41' / ke . ttt ds W tbb I ;.=` I 4 2v I it / m I Nr / W� POINT OF COMMENCEMENT ' SOUTH 1/4 CORNER OF J S7—T54—R26 POINT OF III1EREtCUai- \ 1 I ,R _287.89' 1/ _ S7, TSOS, R26E J �N 89'59'32" E \1 S18, T50S, R26? —SOU1H LINE OF THE SE 1/4 OF SECTION 7 TECM-ROW SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION MAR 2 7 212 ".or,,..+......w ,lome a NOT A BOUNDARY SURVEY ATKINS 4030 W BOYSCOUT rE, L: mm,� >�� Mall= BiUT LELY AREA STORM WATER 6encnus: o6AWN "N. sarE7B7 IMPROVEMENT PROJECT(LASIP 198) IMAM/7.2912 aeaco ,a TAMPA,FL 33607 DRAINAGE EASEMENT SKETCH 2r ATKINS NORTH AMERICA.ma (617)202-7275 AND DESCRIPTION 3r a FLORIDA CERTIFICATE OFAU7hORJZATIONNUMB0R LB21 4. SHEET:1 OF 2 Packet Page-1024- 3/12/2013 16.A.3.- SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA EXHIBi�_� Peg. of DESCRIPTION DRAINAGE EASEMENT PARCEL 272DE A PORTION OF LOT 14 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32"E ALONG THE SOUTH UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, A DISTANCE 287.89 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST LINE OF TRACT "D-1" OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4: THENCE N09'59'32"E, ALONG SAID WEST LINE OF TRACT"0-1', 174.71 I•ttI TO THE POINT OF BEGINNING; THENCE N70'00'28°W, 8.12 FEET; THENCE ALONG SAID NORTH UNE OF LOT 14 CURVE 4 THE FOLLOWING TWO (2COURSES:: 1) SOUTHEASTERLY�ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 3.54 FEET, A DELTA ANGLE OF 06'46'12', A CHORD LENGTH OF 3.54 FEET, AND A CHORD BEARING OF S86'37'0B"E; 2) N89'59'46"E. 4.55 FEET TO THE AFOREMENTIONED WESTERLY UNE OF SAID TRACT °D-1"; THENCE 509'59'32"W, ALONG SAID WESTERLY UNE, 2.3.41 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 176 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WIN THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED. BASED ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SECTION 7, SAID LINE BEARS N89'59•32"E. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF' A TITLE SEARCH. SURVEYOR'S CERTIFICATION l HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ©2011 ATKINS NORTH AMERICA. INC. LICE I BUSINESS 24 A i RI IA ERVEO I 'MI' t`F. Peter J. M'ttson Professional Surveyor& Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH maws. 'sP'...ssisos"os"!°°"° NOT A BOUNDARY SURVEY /1TKI N 5 4ozwBaTSCOUr MOM: W>„_ DRAWN I- LELY AREA STORM WATER REVISIONS. " surEi� IMPROVEMENT PROJECT(LASIP 198) Innc«T.»a OIECKED ►Aa ATKINS NOR7HA TAMPA FL 33607 DRAINAGE EASEMENT SKETCH 2' MARACA INC I613)262:7275 AND DESCRIPTION 3r Fy FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 1921 45 SHEET:2 OF 2 Packet Page-1025- i 3/12/2013 16.A.3. H /I i 11.. F TRACT "A' / 1 TRACT "K" 5 / 0 15 30 / L GRAPHIC / EXHIBIT _ 1'` 30' l'OU'a 0174101hE Wulsl P.O.203 Pa LEGEND / D.E. P.B. / P.B. = PLAT BOOK 24 PG. 66� PG. � PAGE L=3.54' P.O.B. = POINT OF BEGINNING / R=30.00' P.O.C. on POINT OF COMMENCEMENT ha6'46'12" D.E, = DRAINAGE EASEMENT i. TCE w - TEMPORARY CONSTRUCTION ! / C8N8$'37'O8'W / TRACT °A° EASEMENT C-3.54' L=6.88' \ S89'59'46"W / R=30.00' ■ P.O.B. 4.55' .-- A-13'07'50" \ P.O.C. / CB=S76'38'48"E f N.E. CORNER C=6.86'/ Of LOT 14 12 509'59'32"W N09OB14E � f 20.80' I r ' ' ' 50 0'28 E 36.09' 8.12'° ,� I J 1 SO9'59'32'W • ' ,IA, 13.25' 13 ' r r N80'51'461V I 14,31' ; 272TCE 347 SF 15 1 t "x-40' D.E. P.B. 24 PG. 66 -. t 14 +—: I U._ TEMPORARY CONSTRUCTION EASEMENT DURATION TWO YEARS i LEGAL DESCRIPTION - PARCEL 272TCE A PARCEL OF LAND LYING ON LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 7. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COWER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24. PACES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S89'59'46"W FOR 4,55 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 3.54 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 06'46'12". AND WHOSE LONG CHORD BEARS N86'37'O8"W FOR A DISTANCE OF 3.54 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING THE NORTHERLY BOUNDARY OF LOT 14. SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. SO9'59'32"W FOR 20.80 FEET: THENCE S70'OO'28"E FOR 8.12 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE 509'59'32"W FOR 13.25 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID LOT 14, N80'51'46"W FOR 14.31 FEET; THENCE NO9'08'14"E FOR 35.09 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 14. ALSO BEING THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, 6.8B FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 13'07'50", AND WHOSE LONG CHORD BEARS 576'38''48"E FOR A DISTA•CE F 6.8• FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONT• I G 4 I y UAR. FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.TECM- ROW MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED DEC 0 5 2011 NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 0..=.•a 9.AR 559 Pit KAMA t300.77.00.00 IALP...Mtn S,n.,*C S.. .1\0031 hN..ae,Ewwwq..'.,•,.cw...M,E.9.,D .w.111flCEM PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LASIP 196) /T� A�CP1 mie8, SKETCH AND LEGAL DESCRIPTION £r ' 7"C1NFl PARCEL 272TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Mow Park Orin.89k9290 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Magda.5 T.O 75 Fiends Phone. 597-0575 FAX 1279)5970578 .,> IBNo.:6937 -JOB NUMBER REVISION SECTION TOWNSHIPI RANGE I SCALE I LATE DRAWN BY FILE NAME I SHEET 120022.00.00 0 7 50S 11 26E 1" = 30' 11/15/12 R.A.K. 272TCE 1 OF 1 ■ Packet Page-1026- 3/12/2013 16.A.3.1 SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA EX�MB1?' �.�o-"- LOT 11 / TRACT"A" 0 10 20 40 4- / ���i_� { i "D.E." PER PLAT GRAPHIC SCALE Y o. l SCALE: 1" = 20 I LOT 12 CI L31 LEGEND PARCEL 272DE ORB = OFFICIAL RECORDS BOOK cN DRAINAGE EASEMENT PG = PAGE --' v 176 SQ.FT.+/- SQ.FT.= SQUARE FEET LOT 13 D.E. = DRAINAGE EASEMENT LOT 14 S = SECTION T = TOWNSHIP OWNED BY: 4 1 R = RANGE JAMES Qc JENNY DIMING ' POINT OF BEGINNING I PB = PLAT BOOK FouO 7a38DODO3st PG = PAGE SOUTH SHORE VILLAS / i AT CROWN POINTE (PB. 24, PG. 65) WI 11 :0 P r ai- �. a- TRACT "D-1" CURVE'RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE z 48 ■ Cl 30.00' 3.54' 3.54' S 86'37'08" E 06'46'12" l °w kg I gg LINE BEARING DISTANCE >a` _° I LOT 15 Li N 70'00'28" W 8.12' ti L� C� L2 N 09'59'32" E 20.80' Y az L3 N 89'59'46" E 4.55' wm " �� 0 L4 S 09'59'32" W 23.41' J s- 1 g W,II cr c5 I .,. ! I 4 ?N gf l :La' I / L'''''",,,,,4.' POINT OF COMMENCEMENT SOUTH-15 1/4 CORNER OF — — I _ t S7—T50—R26 POINT OF INTER=ECTION—� \�_ 287.89' _ S7, T50S, R26E 1 N 89'59'32" E S18, T50S, R26E SOUTH LINE OF THE SE 1/4 OF SECTION 7 TECM-ROW MAR 2 7 2012 SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION Ma*.a...»."ao NOT A BOUNDARY SURVEY ORIGINAL:AMAMI XS ATKII\IS 4070 W.BOY SCOUT BLVD LELY AREA STORM WATER REVISIONS: DRAWN .,,., SUITE 700 IMPROVEMENT PROJECT(LASIP 196) iN9 TAMPA,FL 33E07 DRAINAGE EASEMENT SKETCH " a W EN ATKW9 NORM AMERICA.WC. 1114 252•T25 AND DESCRIPTION 3' FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 1.1124 44 SHEET:1 OF 2 Packet Page-1027- 3/12/2013 16.A.3._ SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA DESCRIPTION peg. Ot DRAINAGE EASEMENT PARCEL 272DE A PORTION OF LOT 14 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32"E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, A DISTANCE 287.89 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST LINE OF TRACT "0-1" OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH UNE OF THE SOUTHEAST 1/4; THENCE NO9'59'32"E, ALONG SAID WEST LINE OF TRACT "D—r, 174.71 FEET TO THE POINT OF BEGINNING; THENCE N70•DO'28"W, 8.12 FEET; THENCE NO9'59'32"E, 20.80 FEET TO A POINT ON A NON—TANGENT CURVE ON THE NORTH LINE OF SAID LOT 14; THENCE ALONG SAID NORTH UNE OF LOT 14 THE FOLLOWING TWO (2) COURSES: 1) SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 3.54 FEET, A DELTA ANGLE OF 06'46'12", A CHORD LENGTH OF 3.54 FEET, AND A CHORD BEARING OF S86'37'08"E: 2) N89'59'46"E, 4.55 FEET TO THE AFOREMENTIONED WESTERLY LINE OF SAID TRACT"D-1"; THENCE S09'59'32"W, ALONG SAID WESTERLY LINE, 23.41 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 176 SQUARE FEET, MORE CR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, SAID LINE BEARS N89'59'32`E. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 02011 ATKINS NORTH AMERICA, INC. LICE 0 BUSINESS 24 A kk RI' • RVED 1 . i Peter J. M.ttson Professional Surveyor do Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH NOT A BOUNDARY SURVEY A11(1NSrwowsaysaojT ORIGINAL: me _ m, ecvO LELY AREA STORM WATER �IMoroi NO SUIT ? IMPROVEMENT PROJECT(LASIP 195) i""^a'7.2.12 ATKINS NORTH AIERK.A./NC 7.7277 DRAINAGE EASEMENT SKETCH Ir CHECKED FLORIDA CERTIFICATE OFAI ITHOR'ATION UMBER LBO AND DESCRIPTION ar ac •� SHEET:2 OF 2 L Packet Page-1028- I 3/12/2013 16.A.3. , ` F°, L .g 1 . It .� - G.2p .` lk WM f.) ,. .,, ; :,,,,,;„: 7 ' eras# �� pt' .`��T°mot°�`" 7._ t "j� -j 444iptimpt b 2 S i I tl.`„^. �9,, K-,Y-. ,-;, 1, „T nri t-e z'r1+.+,4�'tX2;".. - y �F'�' 0¢' ft, h t - ,�a'r'k r .. (, �. ) d y ,� ,,`4,-,., , ° C ,, k v. ,w Y 4r., 614, 4 "' 'F , > �. ' � 3 w - w _ 5Ft'-40 d,i a"k F-.4:..L"D $- j c .. •:,..+„" ,, rs. .w }e4',� 3•. �,..: „. ..`. �°� ,Tji:.'r v.a. �"�� '.,. y ''4a,Y`.#rhp '� ,,s '�*'' .. ' ; � 1 . � -. e. ' e: +na 0, x v .: .J e - 0 > Y ' - us n .u.,��= > PARCELS #272DE AND #272TCE Packet Page-1029- Goodkind&Swift,Inc. Wain File Np. 3/12/2013 16.A.3. LAND APPRAISAL SUMMARY REPORT LASIP#51101 Hald/CPW File No.: 272DE-272TCE Property Address: 3804 Crown Pointe Blvd W City:Naples State:FL Zip Code:34112 County: Collier Legal Description: South Shore Lake Villas at Crown Pointe Lot 14(Parent Tract).This appraisal ' is an estimate of the lust compensation due to the property owner for Collier County's acquisition of a drainage easement and a temporary construction easement over a rear portion of the parent tract Assessor's Parcel#: 74380000361 Tax Year:2012 R.E.Taxes:$1.163 Special Assessments:$ Unknown e'Market Area Name: Crown Pointe Map Reference: S7-T50-R26 Census Tract 105.09 tel Current Owner of Record: Dimino,James&Jenny Borrower(it applicable): N/A m'Project Type(d applicable): (x PUD (_.I De Minims PUD ❑J Other(describe) HOA:$2,500 IA per year E71 per month Are there any existing improvements to the property? ❑No Z Yes If Yes,indicate current occupancy: ❑Owner IJ Tenant Vacant ❑Not habitable If Yes,give a brief description: The subject property is improved with an attached villa home.The dwelling and bulk of the site improvements are ,-. not impacted by the proposed drainage easement parcel_ The purpose of this appraisal is to develop an opinion 01 L I Market Value(as defined),or Xi other type of value(describe) Just Compensation for DE-TCE This report reflects the tollowioo vvalue(it not Current.see comments): X Current(the Inspection Date is the Effective Date) ❑Retrospective fl Prospective t Property Rights Appraised: x,Fee Simple TI Leasehold i Leased Fee I I Other(describe) ara Intended Use: A portion of the subject tract is required for drainage facilities associated with LASIP improvements in the area.The intended use of nthe appraisal is to estimate just compensation for the acquisition of the needed permanent and temporary easement parcels by the County. - Intended User(s)(by name or type): Collier County Government,Growth Management Division Client Collier County GMD Address: 2885 South Horseshoe Drive,Naples,FL 34104 -"!Appraiser: Harry Henderson.SRA Address: 2885 South Horseshoe Drive.Naples,FL 34104 Characteristics Predominant One-Unit Housing Present Land Use Change in Land Use Location: ❑Urban ®Suburban ❑Rural OcmtIPANY PRICE AGE One-Unit 65% E�"'�Not Likely '.__1 '''.Built up: ®Over 75% ❑25-75% ❑Under 25% ®Owner 5(000) (yrs) 2-4 Unit 0% Likely' ❑In Process* Growth rate: ❑Rapid (Z Stable ❑Slow ❑Tenant 150 Low 5 Multi-Unit 25% "To: Property values: ❑Increasing ®Stable ❑Declining ®Vacant(0-5%) 300 Rah 35 Comm'I 0% _`Demand/supply: ❑Shortage ®In Balance ❑Over Supply ❑Vacant(>5%) 200 Pred 15 Vac 0% Marketing time: n Under 3 Mos,X 3.6 Mos. ❑Over 6 Mos, Util.-Gmwy 10% z Factors Affecting Marketability 2 item Good Average Fair Poor N/A Item Good Average Fair Poor N/A t Employment Stability ❑ 2 ❑ ❑ ❑ Adequacy of Utilities ❑ 6Z ❑ ❑ 5 Convenience to Employment ❑ Z ❑ ❑ ❑ Property Compatibility ❑ Z L ❑ ❑ Convenience to Shopping ❑ ❑ Li, ❑ ❑ Protection from Detrimental Conditions ❑ ❑ _ do.r Convenience to Schools L ' l El ❑ Police and Fire Protection ❑ n] J ❑ "�Adequacy of Public Transportation Li g. I—I ❑ ❑ General Appearance of Properties ❑ Li ❑ ❑ U Ito Recreational Facilities ❑ E Iiii 1-7 IT Appeal to Market IT 7 [1 f t Market Area Comments: The subject is located in the Crown Pointe community in the East Naples area(unincorporated Collier County)just east Y:- of an FPL transmission corridor and public greenwa_y This is an established community composed of a compatible mix of single-family homes, condos and villa units.Essential services are within easy access.Maintenance levels in the area are good. - The proposed DE acquisition parcel is mostly rectangular in shape and will be located at the northeast corner of the parent tract(rear of ;'r property/fronting lake)and adjacent to an existing drainage structure.The drainaae easement parcel has a total area of 176sf.The encumbrance associated with the parcel is estimated at 95%of the fee interest H The temporary construction easement(TCE)parcel is irregular in shape and has an area of 347sf with a two year term. !. Dimensions: 53 x irregular Site Area: 5,787 Zoning Classification: PUD Description: Planned Development Do present improvements comply with existing zoning requirements? ®Yes ❑No ❑No Improvements Uses allowed under current zoning: Attached Villa home. Are CCBRs applicable? ❑Yes ❑No ❑Unknown Have the documents been reviewed? ❑Yes ❑No Ground Rent(if applicable)$ N/A/ ': Comments: N/A Highest&Best Use as improved: ®Present use,or ❑Other use(explain) Actual Use as of Effective Date: Attached villa home Use as appraised in this report Vacant land available for residential dev. _ Summary of Highest&Best Use: The subject site's highest and best use is found in its current use,as improved,with an attached villa homes and Qassociated site improvements. a. m m Utilities Public Other Provider/Description Off-site Improvements Type Public Private Frontage Adequate ill Electricity ® ❑ Street Macadam E ❑ Topography Level ct us Gas ❑ ❑ Width N/A Size Compatible with area Ft Water ® ❑ Surface Paved Shape Irregular <-Sanitary Sewer® ❑ Curb/Gutter Concrete Drainage Appears to be adequate Storm Sewer ® ❑ Sidewalk N/A ' I ' Yew Lake Telephone ® ❑ Street Lights Electric Z Multimedia X j 1 Wet N/A — Dater site elements: N Inside Lot I Comer Lot , Cul de Sac III Underground Utilities III Otter(describe) -FEMA Spec'I Flood Hazard Area I I Yes I I No FEMA Flood Zone N/A FEMA Map#N/A FEMA Mao Date N/A Site Comments: The subject parent tract is an irregularly villa-sized lot having good lake exposure.Landscape improvements in the area of the proposed easement are limited to planted sod and rip rap F CopyritnlO 2007 by a la moot,ex This form may be rmremrten mewed=veMout when perm iss on,however,a la mho.is must us aleowleaoee and credited G P t Form GPLND—"WinTOTAL"appraisal software by a la mode,inc.-1-800-ALAMODE 32007 Packet Page -1030- 3/12/2013 16.A.3. 'Main File N0.; LAND APPRAISAL SUMMARY REPORT FileNo.: 272DE,272TCE Id/CPW My research Xl did X did not reveal any prior sales or transfers of the subject property for the three years poor to the effective date of this appraisal, .;Data Source(s): No applicable odor sales fr g 1st Prior Subject Sale/Transfer I Analysis of sale/transfer history and/or any current agreement of sale/listing: No applicable prior sales. to Date: N/A x Price: a lai Source(s):Pub Rec. m 2nd Prior Subject Sale/Transfer IDate: N/A '.;Price: Source(s): FEATURE I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 3804 Crown Pointe Blvd W. 3048 Crown Pointe Blvd W. 3054 Crown Pointe Blvd W. 3166 Crown Pointe Blvd W. Naples,FL 34112 Naples,FL 34112 Naples,FL 34112 Naples,FL.34112 Proximity to Subject .0.06 miles NW 0.05 miles NW 0.09 miles E Sale Price $ S '45.500 IS *45.000 $ '54.500 Price/ S IS 8 78 $ 8.691 S 7.76 • ' Data Source(s) Inspection MLS MLS MLS#211016580 Verification Source(S) Public Records Public Records Public Records/Agent VALUE ADJUSTMENT DESCRIPTION DESCRIPTION 1 +(-)%Adjust DESCRIPTION +1-1%Adiust DESCRIPTION 4-1-1%Adiust Sales or Rnancing N/A Cash ( Cash Cash Z Concessions None None None Q Date of Sale/Time Current 09/11 I 03/11 05/12 g Rights Appraised Fee Simple Fee Simple I Fee Simple Fee Simple 13, Location Crown Pointe Crown Points Crown Pointe Lely Resort 'C Site Area 5,787 5,180 5.180 7,024 D Topoaraohy Level Level Level Level 4`View Lake Lake Lake Lake AG 2 D' V rn Net Ad)uslment(Total,In Si _+ L —is —1+ _I – 5 1 I`+ 2,.1 —is w=� Net Adjustment(Total,in%of$/) Net %I Net 15 Net 'A} a Adjusted Sale Price fin$/I Gross 9645 8.78, Gross %$ 8.69 Gross %IS 7.76 Summary of Sales Comparison Approach See attached addenda 'Reflects adjusted pricing(estimated contributory value of improvements extracted),see comments in addendum. PROJECT INFORMATION FOR PUDs(if applicable) X The Subject is pan of a Planned Unit Development. Legal Name of Project South Shore Villas at Crown Pointe `Describe common elements and recreational facilities: Not material to assignment Indicated Value by:Sales Comparison Approach$ 1.950 272DEITCE Final Reconciliation All weight given to the Sales Comparison Approach to value.The above value conclusion represents the total appraised lust Z compensation relating to taking parcels 2720E and 272TCE EThis appraisal is made X"as is",or L subject to the following conditions: See comments in addendum o —I This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. aBased upon an inspection of the subject property,defined Scope of Work,Statement of Assumptions and Limiting Conditions,and Appraiser's Certifications, my (our) Opinion of the Market Value(or other specified value type), as defined herein, of the real property that is the subject of this report is: S 1,950 ,as of: December 4,2012 ,which is the effective date of this appraisal. If indicated above,this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda. A true and complete copy of this report contains pages,including exhibits which am considered an integral part of the report.This appraisal report may not be 4 properly understood without reference to the information contained in the complete report,which contains the following attached exhibits: [Scope of Work El Limiting cond./Certifications ®Narrative Addendum E Location Map(s) ❑Flood Addendum E Additional Sales d, n Photo Addenda 7 Parcel Map 7 Hypothetical Conditions n Extraordinary Assumptions ❑ Client Contact: Client Name: Collier County GMD E-Mail: Address: 2885 South Horseshoe Drive,Naples,FL 34104 APPRAISER SUPERVISORY APPRAISER(if required) or CO-APPRAISER(If applicable) rn Supervisory or ALI Appraiser Name: Harry Henderson,SRA Co-Appraiser Name: r Company: Collier County Growth Management Division/LASIP Company: , Phone: 239.252-5847 Fax: Phone: Fax: 2 E-Mail: harryhenderson(a)colliergov.net E-Mail: U Date of Report(Signature): 12/04/2012 Date of Report(Signature): License or Certification#: RD3475 State: FL License or Certification#: State: Designation: SRA Designation: Expiration Date of License or Certification: 11/30/2014 Expiration Date of License or Certification: Inspection of Subject: ®Did Inspect ❑Did Not Inspect(Desktop) Inspection of Subject ❑Did Inspect ❑Did Not Inspect Data of Inspection: December 4,2012 !Date of Inspection: r AND Copyrfreot 20W by a la mode,sic This ton may be reproduced unmaa ted without written permission,however,a la mode,inc.must be aumowletgea and Created G P r l Form GPLND—'WinTOTAL•appraisal software by a la mode,inc.—1-800-ALAMODE 3/2007 Packet Page-1031- IMaln File No.; 3/12/2013 16.A.3. Supplemental Addendum File No.272DE.272TCE Borrower/Client N/A Property Address 3804 Crown Pointe Blvd W. City Naples County Colter State FL bp Code 34112 Lender •GP Land:Summary of Sales Comparison Approach The subject and site sales are compared on a unit/price basis($/sf);this negates the need for direct lot size adjustments.Note that the lack of villa-type lot sales in the area necessitated the use of improved villa lot sales on the subject street.Using a land allocation technique,the estimated contributory value of the improvements is extracted from sale price leaving the residual land value.This figure is used in the sales grid for comparison with the subject lands.All comps have lake views similar to the subject.The cited sales show an indicated unit/price range of$7.76/sf to$8.78/sf.All factors considered,an upper-range unit price of$8.70/sf is judged to be most reasonable for the subject lands.The parent tract is therefore valued as follows: 5,787 sf x$8.70/sf=$50,400(rounded). Parcel 272DE Analysis The proposed 176 sf drainage easement (Parcel 272DE)will be used for the improvement of an existing weir structure and re-contour of the embankment along the existing water in-take area near the rear of the subject property.These improvements will require the permanent use,by easement,of a mostly rectangular area along the rear NE corner of the parent tract covering an area of 176 af.The encumbrance associated with this usage is estimated at 95%of the fee interest in these lands.The easement area is therefore valued as follows: 176 sf x$8.70/sf x 95%encumbrance=$1,450(rounded) Landscape improvements located within the proposed easement area are limited to planted sod and rip rap materials.These items will be replaced in-kind as part of the construction and are therefore not compensable. In the post-take condition this property will have the same functionality/utility as in the pre-take condition;no cure needed and no residual damages. Parcel 272TCE Analysis The proposed temporary construction easement parcel(272TCE)will be used for the movement of men and equipment during construction of the drainage improvements at this location.It will have a 2 year term.Its value is based upon the underlying unit/price($/sf)of the parent tract capitalized over a 2 year term(.075 land cap.rate).Thus- 347sf x$9=$3123 x.075 x 2yr term=$500(rounded) Total Appraised Compensation:51.950(Inclusive of both 272DE and 272TCE) Form TADD—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-1032- !Main File No.272DE,272TCE 3/12/2013 16.A , .3. Tr xiP i r 's „ , 7,77447tAPT,lll4V.:Orlit.r‘I. 1]t'7-'42'■ ' I. .- . ,!, ,:::: ii,; '...,,,,a , ::, —'11,10 ' 4'4°4; -4`- '' 'e ',.4-7-,,1, `.`-.` .:.+yes:n.. *.�;,a., .a., , -- 4s. , x fir. � '� 4''s "a ,..4...z., � tiro- ',..,i-‘4,-;,',,::: i' -, , ,;,,,,. '��n ...+.n ., rte " x3WgA ,`.�. .c+ Aerial Packet Page -1033- 3/12/2013 16.A.3. (Main File No. . ., LASIP#51101 Hald/CPW He No.272DE,272TCE DEFtN I1ON 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. (Source: FDIC Interagency Appraisal and Evaluation Guidelines, October 27, 1994.) *Adjustments to the comparables must be made for special or creative tinancing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party instilAional 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 approomate the markets reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND CERTIFICATION CONTINGENT AND LIMITING CONDITONS: 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 valued on the basis of it being under responsible ownership. 2, Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the property. The appraiser has made no survey of the property. 3. 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,or as otherwise required by law. 4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid II they are so used. 5.The appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous waste, toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied,regarding the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.This appraisal report most not be considered an environmental assessment of the subject property. 6. 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. 7. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. 0. 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, 9. The appraiser most provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may dislnbule 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. 10. The appraiser is not an employee of the company or individuai(s)ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resulting from the analysis, opinions, conclusions, or the use of this report. This assignment is not based on a required minimum,specific valuation,or the approval of a loan. • Page 1 of 2 Form ACR2—'WinTOTAL'appraisal software by a la mode,inc.-1-800-ALAMODE Packet Page-1034- Vain Re No. 3/12/2013 16.A.3. LASIP#51101 Hald/CPW File No.272DE.272TCE CERTIFICATION: The appraiser certifies and agrees that: 1. The statements of tact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial and unbiased professional analyses, opinions, and conclusions. 3. Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest interest with respect to the parties involved. 4. Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermned value or direction in value that favors the cause of the dent, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal, 8, My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared_ 9. Unless otherwise indicated, I have made a personal inspection of the interior and exterior areas of the property that is the subject of this report, and the exteriors of all properties listed as comparables. 10. Unless otherwise indicated, IV one provided significant real property appraisal assistance to the person(s) signing this certification Of there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report), II ADDRESS OF PROPERTY ANALYZED: 3804 Crown Pointe Blvd W.,Naples,FL 34112 APPRAISER: SUPERVISORY or CO-APPRAISER(if applicable): Signature: Signature: Name: Harry Henderson.SRA Name: Title: Review Appraiser Title: State Certification#: RD3475 State Certification#: or State License#:RD3475 or State License#: State: FL Expiration Date 0t Certification or License: 11/30/2014 State: Expiration Data of Certification or License: Date Signed: 12/04/2012 Date Signed: ❑ Did ❑Did Not Inspect Property Page 2 of 2 Form ACR2—nNinTOTAL"appraisal software by a la mode,Inc.—1-800-ALAMODE Packet Page-1035- Main 3/12/2013 16.A.3. Location Map Barrpwer/Client NIA Property Address 3804 Crown Pointe Blvd W City Naples County Collier State FL Zp Cade 34112 Lender i a la mode inc. n9htm Ln tr.v�b...aww°Nah'IW....fN. w c J To WEST CROWN re POlNTE e Comparable#1 m 3048 Crown Pointe Blvd W. I 3 0.O6 miles o, f c C .0 C Btvd Berketey Dr i Comparable 2 ..E Comparable at 3054 Crown Pointe Blvd W. � v utn 3166 Crown Pointe 0.05 istiles ° 0.09 miles 74 G - .. ... tee. V iJ.KfilS[d /?_ :gyp` '1 Lace 4"Y::ot eIt/ %. . c Sub}ett 3804 Crown Pointe Blvd W. )r r C lr • Tudor CO . Lam' C {?IVAE t m c Rivers Golf Club O- w'• H 4 ' vn ct Oahu Dr • zee Ridge Ur S • 11. B Woodstone Ct • •eAs� Le Mans Dr o Mod . Dr = Maui Circle °kaJD� i fide Cr A■ d c rdh ' ° 3 eC3 ni try m tames u, m 3 `a Catalina Ct a 0 to sb C CAP u '. ` laYrf� S O 7 Ba' a C r f 4f, '0/ r Calla-a A O 'OC to Sit Se c 'stamen In Biscayne Dr Riviera Blvd E Rattlesnake Hammock Rd ii-4: Rattlesn so` ir-nq_ 300 yds owsow Form MAP10C—°WinTOTAL•appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-1036-