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Agenda 04/23/2013 Item #16A 84/23/2013 16.A.8. EXECUTIVE SUMMARY Recommendation to approve a Wall Construction Agreement between Eagle Creek of Naples Condominium Association, Inc., and Collier County as an integral part of the US -41 / Collier Boulevard Intersection Improvement project. (County Project No. 60116). Fiscal Impact: $211,620 OBJECTIVE: To approve an agreement setting forth the terms under which the County will undertake the construction of a wall for the benefit of the Eagle Creek community. CONSIDERATIONS: Collier County, in cooperation with the Florida Department of Transportation (FDOT), conducted a study to estimate the anticipated noise levels that the increase in traffic would be likely to generate as a result of the project's construction, and what measures could be taken to mitigate (lessen) the noise at the selected receptor sites (dwelling units). The Federal Highway Administration (FHWA) Noise Abatement Criteria (NAC) states that at noise sensitive sites the impacted receivers must realize a minimum of 5 to 7 decibels reduction in noise with a noise barrier; and the noise barrier must also meet a cost reasonable criteria of not more than $42,000 per benefited receiver. Noise Barrier heights ranging from 14 to 22 feet were evaluated for the Eagle Creek Community. Two areas of impacts were identified in the Community: one to the south of Eagle Creek Drive; and one to the north of Eagle Creek Drive. However, applying the accepted criteria for decibel reduction and mitigation costs at these sites would have necessitated the construction of a 21 foot high wall across the entire frontage of the Eagle Creek community. A 21 foot high wall across the entire frontage of the Eagle Creek community, however, was not acceptable to the residents. It was determined that south of the main entrance into the community a 16.5 foot high wall would meet the FHWA criteria for noise mitigation. However, a wall height of less than 21 feet north of the main entrance would not meet the Noise Abatement criteria. Even if a wall of 16.5 feet had met the Noise Abatement criteria north of the main entrance it could not have been built within the existing Collier Boulevard right -of -way (with aesthetic modifications) because the turn lane into the community will occupy so much of the existing right -of -way that there is not sufficient room for the wall's construction. Therefore, the residents have asked the County to include in its roadway project the construction of a shorter wall north of their entrance beyond the existing right -of -way line on Eagle Creek property, understanding that the community will be responsible for the cost of landscaping, irrigation and maintenance in front of the northerly wall in accordance with the Collier County Land Development Code. Because a shorter wall will not reduce the decibel level at the receptor sites to the extent required under the noise mitigation criteria, FDOT will not participate in the cost of the wall north of the entrance into Eagle Creek. Packet Page -636- 4/23/2013 16.A.8. It is important to note that Eagle Creek has agreed to accept full responsibility for maintenance of the backside (the westerly side) of the south wall as well as complete responsibility for all maintenance and repair of the north wall; and they have agreed to grant all necessary easements for the walls' construction. The community also desires to enter into a Landscape Maintenance Agreement with Collier County and the FDOT to plant landscaping and install irrigation in the Collier Boulevard right -of -way in front of the wall south of their entrance; and by the Board's approval of this executive summary and its approval of the attached Wall Construction Agreement, the Board also agrees to assist the community in obtaining the necessary approvals to accomplish this by making application to the FDOT to enter into a landscape maintenance agreement. FISCAL IMPACT: Funds in the amount of $211,620 are available in Project No. 60116. This is the engineer's opinion of probable cost. Source of funds will be from impact fees, grants and gas tax. The on -going maintenance and repair costs associated with the south wall will be included in the entire project review when the project is brought forward for construction. The north wall will be fully maintained by the Eagle Creek community. GROWTH MANAGEMENT IMPACT: The improvements to CR/SR951 and US41 are consistent with the Growth Management Plan and the Long Range Transportation Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. -HFAC RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve the attached Wall Construction Agreement; authorize its Chairwoman to execute same on behalf of the Board; authorize any budget amendments necessary in connection herewith, and to authorize the County Manager or his designee to apply for the necessary approvals from the FDOT to allow the ECCA to landscape and irrigate within the FDOT right -of -way. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager Attachments: (1) Wall Construction Agreement with Exhibits A, B, C, & D attached thereto; (2) Noise Wall Graphic; (3) Location Map; and (4) Aerial Photograph Packet Page -637- 4/23/2013 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to approve a Wall Construction Agreement between Eagle Creek of Naples Condominium Association, Inc., and Collier County as an integral part of the US -41 / Collier Boulevard Intersection Improvement project. (County Project No. 60116). Fiscal Impact: $211,620 Meeting Date: 4/23/2013 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 1/9/2013 1:55:42 PM Approved By Name: KearnsAllison Date: 3/6/2013 3:07:09 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 3/6/2013 4:18:01 PM Name: ShueGene Date: 3/6/2013 4:35:22 PM Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering Date: 3/12/2013 1:22:32 PM Name: GossardTravis Title: Superintedent - Roads & Bridges,Transportation Eng Date: 3/12/2013 4:21:36 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/10/2013 2:30:39 PM Packet Page -638- Name: LynchDiane Title: Administrative Assistant Date: 4/11/2013 4:03:47 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/12/2013 8:50:14 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/16/2013 3:05:47 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/16/2013 4:47:38 PM Name: KlatzkowJeff Title: County Attorney Date: 4/17/2013 8:37:03 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/17/2013 9:07:05 AM Name: OchsLeo Title: County Manager Date: 4/17/2013 9:52:38 AM Packet Page -639- 4/23/2013 16.A.8. 4/23/2013 16.A.8. Project No: 60116 Parcel Nos: 126ROW / 127TCE / 128TCE WALL CONSTRUCTION AGREEMENT THIS WALL CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 20_, to be effective as of the date upon which this Agreement is approved by the Board of County Commissioners of Collier County (the "Effective Date "), by and between EAGLE CREEK OF NAPLES CONDOMINIUM ASSOCIATION, INC., a Florida non - profit corporation (hereinafter referred to as "ECN ") whose mailing address is C/O American Property Management Services, 8825 Tamiami Trail East, Naples, Florida 34113, EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida not - for - profit corporation, whose mailing address is Go American Property Management Services, 8825 Tamiami Trail East, Naples, Florida 34113 (hereinafter referred to as "ECCA "), and 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 "County"). WITNESSETH: WHEREAS, ECN is the corporate entity responsible for the operation and management of the Stonegate of Eagle Creek Condominium No. One condominium ,property and the Eagle Creek Condominium No. Five condominium property which comprises the State Road SR -951 / Collier Boulevard frontage of the Eagle Creek community; and WHEREAS, County has conducted a study to determine whether or not portions of the Eagle Creek community meet the criteria for public funding of sound attenuation barriers ( "Noise Walls ") in connection with improvements being made to State Road SR -951 / Collier Boulevard; and WHEREAS, 24 residential dwelling units within the Eagle Creek community were found to qualify for noise mitigation under established criteria with a wall height of 21 feet; and WHEREAS, ECN, ECCA and the Eagle Creek community has expressed an objection to the construction of a 21 foot high Noise Wall along its Collier Boulevard frontage and requested that a shorter wall be constructed; and WHEREAS, it was determined that a shorter wall south of Eagle Creek Drive (hereinafter referred to as the "South Wall'), with a predominant height of 16.5 feet and tapering down to a height of 13 feet at the north end, would provide effective noise mitigation . under the established criteria; but a shorter wall north of Eagle Creek Drive (hereinafter referred to the "North Wall ") would not provide effective noise mitigation under established criteria (and does NOT, therefore, qualify as a "noise wall "); and WHEREAS, the South Wall is being constructed as part of a Joint Participation Agreement (JPA) between Collier County and the State of Florida Department of Transportation (FDOT) and all plans and specifications therefore have been reviewed and approved by FDOT; and WHEREAS, the parties acknowledge that County is under no obligation to fund any portion of the South Wall; and WHEREAS, the parties desire to construct a gravity wall and earthen berm at the base of the South Wall such that the height of the exposed wall surface visible from Collier Boulevard will not exceed 12 feet; and WHEREAS, FDOT is willing to pay for the South Wall; but will not participate in the cost of the North Wall; and Packet Page -640- 4/23/2013 16.A.8. Agreement Page 2 WHEREAS, both ECN and ECCA desire for the North Wall to be constructed outside of the public right -of -way and on the Eagle Creek Condominium No. Five condominium property, and also on ECCA property, and for which ECN and ECCA acknowledge that they will assume all maintenance responsibilities in perpetuity; and WHEREAS, ECCA's architect has provided County with a drawing showing the location of the North Wall, and both ECN and ECCA acknowledge the conflict between the existing community entrance sign and the southerly end of the proposed North Wall as shown on the architect's drawing, and the parties agree that ECCA will remove the sign prior to County's commencement of the construction of the roadway improvements; and WHEREAS, Collier County desires to assist the community with the construction of the North Wall by contributing funding towards the cost of its construction; and WHEREAS, ECN and ECCA wish to review and comment on the design and construction of the North Wall with a design professional representing ECN and ECCA; and WHEREAS, County has agreed to provide ECN and ECCA with the opportunity to participate in the design and construction phases of the North Wall; and WHEREAS, time is of the essence with respect to said participation, and the cooperation of either party should not unreasonably be withheld; and WHEREAS, ECN and ECCA desire to participate in the final placement of the North Wall so that the maximum number of existing trees may be preserved; and WHEREAS, County has identified on Exhibit "D" the trees that must be removed by County to make way for the construction of the walls; and WHEREAS, ECN and ECCA have volunteered to maintain the westerly side of the South Wall and acknowledge that they will be responsible for continuing and perpetual maintenance of the interior (westerly) surface of the South Wall after its construction; and WHEREAS, ECN agrees to convey a perpetual and non - exclusive road right -of -way easement to County, at no cost to County and as more particularly described in Exhibit "A" (attached hereto and hereinafter referred to as "Parcel 126ROW ") within which a portion of the South Wall may be constructed (the "Wing Wall "); and WHEREAS, it is acknowledged by and between the parties that upon completion of the drainage improvements on the westerly side of the South Wall, ECN and /or ECCA shall, in perpetuity, bear full responsibility for the routine maintenance of the drainage system both before and after the wet season (such as clearing debris from the drainage inlet grates and sumps to prevent clogging of the pipes and inlets and thereby avoid flooding of the upstream conveyance system); and WHEREAS, ECN agrees to convey a Temporary Construction Easement to County, at no cost to County and as more particularly described in Exhibit "B" (attached hereto and hereinafter referred to as "Parcel 127TCE "), parallel to and abutting the Collier Boulevard right of way specifically for the purpose of constructing the North Wall; and WHEREAS, ECCA agrees to convey a Temporary Construction Easement to County, at no cost to County and as more particularly described in Exhibit "C" (attached hereto and hereinafter referred to as "Parcel 128TCE "), parallel to and abutting the Collier Boulevard right of way specifically for the purpose of constructing the North Wall; and WHEREAS, ECN and /or ECCA agree to install landscaping and irrigation along the eastern side of the North and to maintain the wall, the landscaping and the irrigation into perpetuity; and Packet Page -641- 4/23/2013 16.A.8. Agreement Page 3 WHEREAS, the parties acknowledge that guard rails, gravity walls and hand rails will be installed in accordance with the plans attached hereto as Exhibit "D" and by reference made a part hereof; and WHEREAS, ECN and ECCA acknowledge that County is under no obligation to construct any portion of the North Wall, and further acknowledge that the construction of the South Wall by County and FDOT is a voluntary contribution for the benefit of the Eagle Creek community and for the benefit of the Condominium unit owners; and WHEREAS, County has agreed to construct the South Wall with FDOT funding within the Collier Boulevard road right -of -way with a cap elevation of 19.5 NAVD between (CL Station 1018 +60.03, offset 88.364 feet left, thence northerly to a point described as CL Station 1022 +59.92, offset 97.562 feet left then bearing northwesterly to a point described as CL Station 1022 +73.73, offset 112.026 feet left with a gravity wall and earthen berm at its base such that the height of the exposed wall surface visible from Collier Boulevard of approximately 12 feet in height; and WHEREAS, the parties acknowledge that, pursuant to the provisions of Section 5.03.02.1 of the Collier County Land Development Code, the North Wall is exempt from height restrictions; however ECN and /or ECCA will be required to obtain either an SDP amendment or an insubstantial change determination, along with a building permit for the North Wall; and WHEREAS, County has agreed to construct the North Wall with a cap elevation of 15.5 NAVD between CL Station 1024 +91.15, offset 131.435 feet left, thence deflect wall left 45 degrees to a point described as CL Station 1025 +05.01, offset 117.015 feet left, then northerly to a point described as CL Station 1029 +24.93, offset 108.659 feet left, thence deflect wall left 45 degrees to a point described as CL Station 1029 +39.35, offset 122.517 feet left; and 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: 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. ECN, and ECCA as appropriate, shall deliver to County, at no cost to County and within ninety (90) days of the effective date of this Agreement, the following properly executed documents (ECN's delivery of said properly executed documents is hereinafter referred to as the "Closing "): a. from ECN, a Perpetual, non - exclusive Road Right -of -Way Easement to County across Stonegate Condominium common elements (for Wing Wall construction, i.e., Parcel No. 126ROW); b. from ECN, a Temporary Construction Easement to County across Eagle Creek Condominium No. 5 common elements for construction of a portion of the North Wall (Parcel 127TCE); c. evidence of the authority of the entity and signatory to execute said Right -of- VVdy CdJC IIICI It dI IU TCI I IF) VI dIY k UI IbU ULAIVII CdJCI IICI It VII UCI Id II VI EVIV; d. from ECCA, a Temporary Construction Easement to County for construction of a portion of the North Wall (Parcel 128TCE); e. evidence of the authority of the entity and signatory to execute said Temporary Construction Easement on behalf of ECCA; f. a Public Disclosure Act Disclosure Affidavits as required by Section 286.23, Florida Statutes; and g. all releases / subordinations which may be required to remove and /or subordinate all liens and encumbrances from the Right -of -Way. Packet Page -642- Agreement 4/23/2013 16.A.8. Page 4 Upon receipt of the foregoing, County shall record said Right -of -Way Easement and Temporary Construction Easements and provide ECN with a receipt for all recording fees and documentary stamp taxes. This Agreement shall become null and void and all obligations of the parties hereto shall be terminated in the event that ECN fails to deliver to County, within ninety (90) days of the effective date of this Agreement, all documents referenced in Paragraph 2 (above). After the receipt of all items identified in Paragraph 2 above, and after satisfactory completion of all obligations set forth in Paragraph 2 above, County shall construct at: (a) subject to FDOT funding, a wall south of Eagle Creek Drive within the Collier Boulevard right -of -way (the South Wall) with a cap elevation of 19.5 NAVD between (CL Station 1018 +60.03, offset 88.364 feet left, thence northerly to a point described as CL Station 1022 +59.92, offset 97.562 feet left then bearing northwesterly to a point described as CL Station 1022 +73.73, offset 112.026 feet left with a gravity wall and earthen berm at its base such that the height of the exposed wall surface visible from Collier Boulevard of approximately 12 feet in height; and (b) its sole cost a wall north of Eagle Creek Drive on ECN property (the North Wall) with a cap elevation of 15.5 NAVD between (CL Station 1024 +91.15, offset 131.435 feet left, thence deflect wall left 45 degrees to a point described as CL Station 1025 +05.01, offset 117.015 feet left, then northerly to a point described as CL Station 1029 +24.93, offset 108.659 feet left, thence deflect wall left 45 degrees to a point described as CL Station 1029 +39.35, offset 122.517 feet left. Said wall construction (both walls) shall occur as part of the US -41 / Collier Boulevard at -grade project currently under way, and in substantial conformance with the drawings attached hereto as Exhibit "D." ECN and ECCA may select a color for the wall; but must do so within ninety (90) days of the effective date of this Agreement. The North Wall will be warranted by County to be free of defects for a period of one year after the completion of its construction. 6. Prior to the construction referenced in Paragraph 5 (above) County shall remove the existing wall presently located where the North Wall is to be constructed. 7. ECN or ECCA shall be responsible for obtaining an SDP amendment or insubstantial change determination, along with a building permit for the North Wall. Time is of the essence. 8. ECN and /or ECCA shall be responsible in perpetuity for the repair and routine maintenance of the interior (westerly) surface of the South Wall after its construction (including but not limited to pressure cleaning and painting), and shall assume complete and total responsibility in perpetuity for maintenance of the North Wall including all landscaping, irrigation and sod (up to the right -of -way line). 9. County and /or FDOT shall be responsible for the repair and maintenance of the exterior (easterly) surface of the South Wall. 10. After the completion of construction of the North Wall and the acceptance of the improvements and landscaping and irrigation by ECN and ECCA, ECN and ECCA shall thereafter assume all maintenance responsibilities for the North Wall, and landscaping and irrigation. 11. Where the construction of the walls dictates that trees must be removed, and to the extent that ECN and /or ECCA wishes said trees be replaced, ECN or ECCA, using the plans attached as Exhibit "D," shall indicate the location(s) for the planting of replacement trees, understanding that the replacement trees are not likely to be equal to the size of the trees which had to be removed in order to construct the walls. The marked -up plans showing the preferred location(s) of the replacement trees shall be provided to County within 60 days of the effective date hereof. After the completion of Packet Page -643- Agreement 4/23/2013 16.A.8. Page 5 construction and acceptance of the replacement trees by ECN and ECCA, ECN and ECCA shall assume sole responsibility for the trees. 12. County shall use its best efforts to retain shrubs and other vegetation during wall construction; but it makes no representation that any vegetation or shrubs will be retained except for the trees referenced in the preceding paragraph. 13. Vehicular guardrails, gravity walls, and pedestrian handrails shall be installed and /or removed in accordance with the plans attached hereto as Exhibit "D." 14. County shall install Bahia sod between the proposed sidewalk and the North and South Walls. 15. Within ninety (90) days of notice from County that the North Wall has been inspected and meets specifications, ECN and /or ECCA shall commence installation of landscaping and irrigation between the North Wall and the Collier Boulevard right -of- way line as required by the Collier County Land Development Code. 16. In the event that either ECN or ECCA desires to replace any of the Bahia sod in the right -of -way with St. Augustine sod, then ECN and /or ECCA shall be responsible for obtaining permission from FDOT to sod and irrigate beyond their property into the FDOT right -of -way after completion of the roadway construction project. 17. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and may only be modified by written amendment thereto. 18. The reciprocal obligations contained herein are contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 19. This is the entire agreement between the parties with respect to the matters set forth herein, and any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County Transportation Engineering Attn: Kevin Hendricks Right -of -way Acquisition Manager 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -5844 Fax 239 - 252 -6643 With a copy to: Heidi Ashton -Cicko Assistant County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East Suite 800 Naples, Florida 34112 Telephone 239 - 252 -8400 Fax 239- 252 -0225 Packet Page -644- 4/23/2013 16.A.8. Agreement Page 6 If to ECN: George Brinkmoeller, President Eagle Creek of Naples Condominium Association, Inc. 782 Eagle Creek Drive #303 Naples, Florida 34113 Telephone: With a copy to: Becker and Poliakoff, PA Attn: Sarah Spector, Esq. 12140 Carissa Commerce Court, Suite 200 Fort Myers, Florida 33966 Telephone: (239) 433 -7707 Fax: (239) 433 -5933 If to ECCA: R. L. ( "Randy ") Van Alstine, President Eagle Creek Community Association, Inc. c/o American Property Management Services 4280 Tamaimi Trail East #204 Naples, Florida 34112 Telephone: (239) 774 -0105 Fax: (239) 774 -0112 With a copy to: Becker and Poliakoff, PA Attn: Sarah Spector, Esq. 12140 Carissa Commerce Court, Suite 200 Fort Myers, Florida 33966 Telephone: (239) 433 -7707 Fax: (239) 433 -5933 18. To the extent permitted by law, ECN and ECCA shall indemnify, defend, save and hold harmless County and /or FDOT against and from, and reimburse 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 construction of the Publicly Funded Noise Wall and all other obligations and performance under this Agreement. 19. This Agreement is not intended to create any rights, benefits or entitlements in any person or entity who is not an undersigned party to this agreement. No third -party beneficiary claims may be asserted on the basis of this Agreement. 20. This Agreement is governed and construed in accordance with the laws of the State of Florida. 21. All obligations contained herein other than the granting of the fee simple and easement interests shall survive the recording of the Warranty Deed and Temporary Construction Easement. THE REMAINDER OF THIS PAGE INTENTIONALY LEFT BLANK Packet Page -645- Agreement 4/23/2013 16.A.8. Page 7 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk AS TO ECN: WITNESSES: Witness (Signature) Name: (Print) Witness (Signature) Name: (Print) AS TO ECCA: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Heidi Ashton -Cicko K�� Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Georgia A. Hiller, Esq. Chairwoman EAGLE CREEK OF NAPLES CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not for profit By: George Brinkmoeller, President EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida not - for - profit corporation By: R. L. ( "Randy ") VanAlstine President Packet Page -646- R EXHIBIT "A" (1 of 1) 1 g TRACT 'R' (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY p m ASSOCUTION, INC. OR 47B, PG 6 FOLIO N0. 30185040007 P 10'- S58'35'OB"E 17.14' N072WI WT 22 85' 126ROW 343 SF 17.1 EAGLE CREEK COUNTRY CLUB PB 14, PC 1 PART OF TRACT 'B' STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE DECLARATION RECORDED O OR 1348, PC. 1330 MULTIPLE FOLIO NO'S. L.U-a Utt LUKIV HUN — PARCEL T Z6FZOW 4/23/2013 16.A.8. -1 M) I01 Tn 9 A RN _!i? RIM,... RA".NT -OF-W OR OFFICIAL- RECORDS BOOK PS - PLAT BOOK PO PACE POB POINT Or BMW" POO - POW OF COMMENCEMENT NO. - mums" SA - STATE ROAD AKA - AIS6 ruaru x A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT 'R', AS DESCRIBED W OFFICIAL RECORDS BOOK 3978, PAGE 0 OF THE PUBLIC RECORDS OF COLDER COUNTY,' FLORIDA, ALSO BEING A COMMON CORNER WITH STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE, PER OFFICIAL RECORDS BOOK 1348, PAGE1330 "OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, .ALSO BEING A POINT ON THE WESTERLY RIGNT —OF —WAY LINE - OF - STATE -ROAD :951; ?HENCE S0728'18'W FAR 22.85 FEET ALONG THE "WESTERLY RIGHT —OF —WAY LIE -OF 'STATE ROAD 951; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY LINE, N'S8'35'OWW FOR 17.14 FEET: THENCE NO2'28'18'E FOR 22.85 FEET TO A PONT ON THE SOUTHERLY BOUNDARY OF TRACT 'R', AS DESCRIBED IN OFFICIAL RECORDS BOOK 3978, PACE 6 OF THE PUBLIC RECORDS OF COWER COUNTY, FLOROu1L THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT 'R', S58'3WO8'E FOR 17.14 FEET, TO THE POINT OF BEGINNKN OF THE PARCEL DESCRIBED HEREIN, CONTAINING 343 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW AUG 15 2012 MIGt1ACL A, WARD PROFESSIONAL LANU 5URVETOR L5j 5,301 PATE 'SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER- IS NOT A SURVEY. ri aon ,mi Av mrrmm uNr � a""r rwr,r, .w arr "w w. w r- w er.w\�oo-s ".. r"_nva RWA C PROJECT: U.8.41/CR961/8.R.961 Irwy SKETCH AND LBGAL DBSCR[PTION wwwr"►,e ter w ewwa PREPAM PWb C08J,RR COUNTY CoYERRYRrr/BOARD oP C09N1T COKYISSI0NYR5 prr Mn4t1"I�wtw poelw 4en FAX pwsw� we u N. eea JOB NUMBER REVISION SECTION TOWNSHIP. RANGE - SCALE - OATE DRAWN (iY SHEET 080067.00.00 T 3 51S 26E 1' - 40' 5/10/12 R AK 1 OF 1 Packet Page -647- H EXHIBIT. E UNPLATTED \ED NAPLES HOLDINGS LLC _ OR 4712, PG 2198 S S FOLIO NO. 00726724107 0 100 200 d GRAPHIC SCALE 1" 200' \F TR>11-1" \ CRYSTAL ES AT EAGLE CREEK P816, PG 30 4/23/2013 16.A.8. EAGLE CREEK CONDOMINIUM 34.89 PROJECT: U.S.41 /C.R.951 /S.R.851�UJy�T I N0. 5 DECLARATION OR 1505 PG 1828 "E SKETCH AND LEGAL DESCRIPTION 127TCE No2.2s'a8 \ 6610Wiow Pa" Dd.. 8990200 PREPARED FOR: COUM COUNTY GOVERNIDiN'P /BOARD OF COUNTY COYIIISS70NERS P 17.76' .. Fml& 34109 Ph— (259)5970576 FAX: (299)5974" 8,543 SF LB No.: 9959 JOB NUMBER REVISION SECTION 0 04'51 "W 19.94' a µn DATE x d n `I U C� 3 W I 26E r1 1 4/12/13 In 1 OF 1 Ini EAGLE CEE vi ASSOCIATION, INC. 4 y OR 3978, PG 6 z° FOLIO NO. 30180160005 N54.21'06"W 23.26' POB UNPLATTED TRACT "R" (EAGLE CREEK DR EAGLE CREEK COMMUNITY ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30185040007 EXISTING RW--- LEGAL DESCRIPTION — PARCEL 127TCE LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PS = PLAT BOOK PG PACE POB POINT OF BEGINNING NO. NUMBER S.R. = STATE ROAD AKA = ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT "M -1 ", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 15, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951 (ISLE OF CAPRI ROAD): THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "M -1 ", N54'21'06 "W FOR 23.26 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY, N04'56'15 "E FOR 370.27 FEET; THENCE N40'04'51 "W FOR 19.94 FEET; THENCE NO2'29'48 "E FOR 17.76 FEET. TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "M -1 ": THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "M -1 ", SBT30'12 "E FOR 34.89 FEET, TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE ALONG THE WESTERLY RIGHT -OF -WAY LINE OF SAID S.R. 951, SO4'56'15 "W FOR 415.47 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 8,543 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS(% 5301 DAIE SI NED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY. Ab9 IZ 1013 r:17 Plr IfA"w \09001I.mw (ml i CMSI C"31 A91\901[ vbrr \P" r- 5=w/ \SMkr, A.s Mwrb". = \ra -Rlr Mw Of\rX11-11 'E PROJECT: U.S.41 /C.R.951 /S.R.851�UJy�T /I� Irum SKETCH AND LEGAL DESCRIPTION �St �LN sL.w: 4ft PARCEL 127TCE: TEMPORARY CONSTRUCTION EASEMENT 6610Wiow Pa" Dd.. 8990200 PREPARED FOR: COUM COUNTY GOVERNIDiN'P /BOARD OF COUNTY COYIIISS70NERS .. Fml& 34109 Ph— (259)5970576 FAX: (299)5974" LB No.: 9959 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME I SHEET 090081.00.00 1 0 3 51S I 26E 1" - 200' 1 4/12/13 R.A.K. SKD- 127TCE 1 OF 1 Packet Page -648- N EXHIBIT C —� pop_l —ot�. E UNPLATTED RED NAPLES HOLDINGS V. LLC, OR 4712, PG 2198 S FOLIO NO. 00726724107 0 100 200 4 GRAPRIC SCAT$ 1' 200' \� TRACT "M-1" CRYSTAL LAKE TERRACES AT EAGLE CREEK PB16, PG 30 EAGLE CREEK CONDOMINIUM N0. 5 DECLARATION OR 1505 PG 1828 P 0 UNPLATTED EAGLE CREEK COMMUNITY 554'21'06 "E a ASSOCIATION, INC. 23.26' OR 3978, PG 6 FOLIO NO. 30180160005 ND4'56'15'E 43.04' OB N49'55'09 "E 20.15' N05' S 04 2'W SO4'43'29'W UNPLATTED 51.89' 95.33' TRACT 'R' (EAGLE CREEK DRIVE) N87'31'42"W EAGLE CREEK COMMUNITY 12$TCE ASSOCIATION, INC. 25.00' 2,633 SF OR 3978, PG 6 FOLIO NO. 30185040007 4/23/2013 16.A.8. LEGEND RW : RIGHT —OF —WAY EXISTING R OR - OFFICIAL RECORDS BOOK PS — PLAT BOOK PG — PAGE POB POINT OF BEGINNING NO. — NUMBER S.R. — STATE ROAD ,2 Q' AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 128TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 'M -1 ", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951 (ISLE OF CAPRI ROAD); THENCE ALONG THE WESTERLY RIGHT —OF —WAY LINE OF SAID S.R. 951, 304'43'29 "W FOR 95.33 FEET; THENCE LEAVING SAID WETSTERLY RIGHT —OF —WAY LINE. N87'31'42"W FOR 25.00 FEET; THENCE N0645'02'W FOR 51.89 FEET; THENCE N49'55'09'E FOR 20.15 FEET: THENCE N04'56'15 "E FOR 43.04 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID TRACT 'M -1 "; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "M -1 ", S54'21'06 "E FOR 23.26 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2,633 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD lm�u +lpq m CTiAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5.301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. y 12."13 1S] IL IC \2090 \woos l.9aoo I ' • E1 ' Mbr,MBn I.w " 1- S,"wr \54,h1 M d\_wn rurtsr PROJECT: U.S.41/C.R.951/S.R.951 A SKETCH AND LEGAL DESCRIPTION i `sF '77L ys Ml+a PARCEL 128TCE: TEMPORARY CONSTRUCTION EASEMENT 6810WYwvPrkpNe.SW200 PREPARED FOR: COUM COUNTY GOVEROaM /BOARD OF COUNTY COIiIUMONERS PMnrI=)!s -W5 FAX: 42391597-OM SCALE ' JOB NUMBER I REVISION SECTION I TOWNSHIP 1' DRAWN BY I E 1 S SHEET 1 090080000 OI RANGE 6E = 200' 4/12/ R.A.K. SKD128TCE O Packet Page -649- ti S� i f ym�g� UU� l$a pW 4/23/2013 16.A.8. EXHIBIT D 1 of 7 c h Watt WO ti S� i f ym�g� UU� l$a pW 4/23/2013 16.A.8. Z U _ R 4 i �N OVA pN-. gk� W CL C.) N�L mUq LU W W� pg p��e lUU g YNN ` U j 4NVpp�j�G�ty 7 Nti LU WyW p m H Ca • O {� to hC!, �W4 o0 01 h Packet Page -650- a M I y F_4` p5ti N �aF 1i 11 y I. F 2 yWi' q II O C W O q W W ae =g c h WO Z U _ R 4 i �N OVA pN-. gk� W CL C.) N�L mUq LU W W� pg p��e lUU g YNN ` U j 4NVpp�j�G�ty 7 Nti LU WyW p m H Ca • O {� to hC!, �W4 o0 01 h Packet Page -650- a M I y F_4` p5ti N �aF 1i 11 y I. F 2 yWi' q II O C W O q W W ae � § | K k k k � / � a § � � % » GG r 2� EXHIBIT 2d7 !@ |§§ a � - -- , 2 ■e §k! \ � � § §§? t !, ■� � m� §§ � 2gkik \ 2 ; y @�s k f -- -- \ \ ) § W [£e / 22 �§< § (� \ \\ )fk ���� ■ °® / \6 % � 2b � §¢ ©+ q $ ! } ( 6 § k f \) § §kK\ Packet Page -§51 4/23/2013 16.A.8. | §©l` | \ \f\ 222 f)(/ 7`) -® ■�••| 72§ m§% |( k ■■ ©#■ §§bt§g ) b � d § ) , a |[m 0 Cm EEO 4/23/2013 16.A.8. EXHIBIT D 3of7 =� X I i 1 i I I IZ I t I11 III I I 1 1 1 1 III n IW i i i �' i I Ip III % 1� I o l 1 1' I 1 I11 III 2 I I I I 1 1 I tl I I O � I i� i 1 1 1 11 III III IIII o 7� p3� I I 1 1 IN NI Yy} L `3�� W !•! G i I I I I n III V Oj+ QQQQ gggg I I II III pti W�Wy1p¢� 3 $� % z I 1 III II I I I 1 I III n I +^ S tp j, 1 W' 1 1� I 1 IN I 1tll i 1 % 10 I yNl i' i i I11 III Y i 1 1 1 I I In uI ° I 1 1i i 1 Iii uI �41jI �1 i 1 1 1 I I � n N I • I % it iil W It I� W~Q`yp' !• I I I I' I 1 111 11 1 I la I Ii NI—Q I I I, I I Z I 1 `I I II NI U ;y W �__ ___• H�r I 1! 1 ; i I i I II 11 �NJ X I I ! i i I i bS III ii I s tlI C Ian I p� �8•�i3 pQ$ y�71 If oi+ 0 O �i. a C !' I I 1 1 1 � III III • i, i I 1 I II II N I ' I I 111 II Y-V Nouogs I 1 ' 1 I Iii ii I i ! I I I I I n III 1 1 I W i I I ; I 1 QC I N II I O III II III I J I I ' I 1 I I 11 II I S !. i o i i Iii ii I I I II II n � � 1 1 i I I I I 111 III 1 C a i i lii oI i Z I 111 u • I 1 1 1 11 Orji 1 �, 1 I I 1 III II 1 1 1 I I I 1 III N I m I I I 1 I I ' I 1 III II I 1 I 1 I 1 II II It II 1 I I I 1 1 II N I i �S 1 I III A. g=am �11 i el i 1 s 16 wa Packet Page -652- 4/23/2013 16.A.8. EXHIBIT D 4of7€ it ' 1! i II I 11 nl ! , I• i 1 I II II I I X W l i � Ir I 1 1 11 1 Iii , - _ _ I � 1 I' 1, 1 1 1 III► \Ij j I I II 1 1 1 1 III I' I• I 11 1� I 1 1 li' I I i r I °I 4� 1 , ��� rr•• II 1 ! ,1! I! IIr 1 I 1111 Iq G I 11 1 Y I I �' I 1 II 11 I 1111 K W: I I � I I� >ti � � I � I I 11 1• 1 I 1 1 , I I: , 1, Z p �p �p L ■ ��!! OD+ . • !LL N WE Ego c3 i 1 1 I Q L7f I 1 SJ L W 22 t ��Cx JZ j I •I j � i i I q�q � I_ 1 •�tl 1 1 � � s ���W� oW � �+ i i ; • ° � � � o � W W b � a� � H U. W~2 x I N I 1 I I Q 8�•JC� Lai 3 ! I I 1 1 I U W W v� P P gRi!.r xx LU 33 1 W m m c 1 1 I m 2h I Q W• z I I I 1 , W W W mm V-V TIPS r 1�1 I I I Q • � � �-I if .. I �q. 1 yL� ! ! O Packet Page -653- EXHIBIT D o> 5of7 n t>< _-- - - - I I } I 1 W 3NN0 Y33NJ 3751+3 1 �� CL 1 1 I u 1 , -' - , 1 \ ti W i i W i 1 W y ti W , oil >it C 1 1 a 1 1 la In ii In u In lu u lu in 11 1 p II 1n u Ia II 1 II 1 11 III 1 11 I a �I p a II I I 111 I11 II I 111 111 111 111 I II II I 1 II II I lu u1 In ul In nl lu nl In n1 In nl lu nl • lu u1 In ul lu u1 I n 1n In nl M •11 � n 1 p 111 p II t II III a II 1 II 111 II III II II 1 II III II III I! II 1 II III u nl H ri ii u 111 p 11 1 p 111 p 111 p 11 I N 111 II 111 11 II I u nl n ul n ill II II 1 111 11 � 1 n I u n J I11 111 � III II I U III I I I I I 111 1 I 11 1 � 1 I 111 h 1 1 I I 1 2(an R C h�W2WpF �O 4 mY N Packet Page -654- I nI 111 III I1 1 111 II I nl ul ul 111 III ul II 1 II \II I II I 111 0111 111 X111 111 I 4/23/2013 16.A.8. \ I N 4 ICI I I�I 8 a_ ti W � ti 6W � ti Qb 1 1• 1 i R� t 1 I I Is ' 1 1 1 i §x i 'I II E1 r y1 111 i �y`cC W z �E 1 � I 1 1 j Ul 1 4! W a I 7F r I S ;{I 1 Ir It IW y 1. Ir / O ! W W 1Iy11' IP.I e M v /// Q yz r'�,{• /V I I 'y +/ �< � m t r VY p� I z ' 1 I '11m 0 I Y1 or in 1 iY i EXHIBIT D 6 of 7 1 I o 1 I I I I i I I I I 1 i 1 1 1 I I I I I I I I I I I I 1 I r l 1 1 1 I I I 1 I r 1 1 I , n 1 1 1 Ia, i 1 1 I ; I 1 1 I , 5 I , I 1 1 , I I , I I , 1 I , � i 1 I , I , 1 1 I , I , I ' I I I I , I , I , I , 1 , I , I , 1 , I , I , I , I , I , 1 1 1 1 I 1 I ' I i I ' I 1 I � I I I � I I , I I I I 1 I 11 I 1 I I I I I t I II 1 Ip Ip I / { 1 y 1 i I � I I / D I � Q t ti es ' a 1 j I Packet Page -655- 4/23/2013 16.A.8. 1 II 111 111 III 111 111 1 II 1 II 1 II 111 IM O 1u r, III V III III ul 11 ; II ,n .0 I N Iu III 1% III 1 11� In IIIN I IlO pVy{ � Ip Ip 8 Ip es III III p lu III V b In Q�1f 111 N �sw�lE� I II III In lu � lu ,u 1 II n I II L I IIti 1 1 110 1 t 11 I IIO 111 111 111 IU 111 IM I11 III 111 I II I II III 111 III 111 In II I11 Ip I11 N I II 111 ICI 111 � 1;1 W 1 11 Q III III 111 111 „I , II 111 III 11 I "I Ll 1 III 4/23/2013 16.A.8. Packet Page -656- EXHIBIT 7of7 D ! W! I p l I I I I I f 1 I � II I I I 111 ry 111 11 • — - _ — _ — — - -r— 3 �.':'.•� I � 1 II I 1 - _____= ====i � r► ' Ns C f ._ .M W ncm rr /4/I1 1��� IIr�R o Fn r v � A O mo 0 N 1 m a i m O 4". V / sr C f�A e 4 a r i Ii m t i ' D _ 5x z r 0 =m O f A5 T TT m �I y r v , A SO � moo n o, m , Zt-17�� m� r x ? m � 114J I ... ._ .M W ncm rr /4/I1 1��� IIr�R o RD r Ii 5x =m z T TT 4` n s , Zt-17�� O x W U3 t # m r g D D o m mGt�,.,,i�' m z .. CE .. n x d. m O .m b r rS S' d f � z m O �' S dtn,x m ' t o y II `o R in z D XI t . mo m mo ORm m i Z O n rz m' m m 2 m', x yy moo m x rn mm r } o g O r 4 C i �M o0 oM m I O D n A D I z m n m S m D A 1 R i rmo mo Z. EAGLE DRIVE- -CREEK i m o - O �• N o. m 0 0 CD 0 C Fri 0 0 X 2 (7) z 0 M W"M I WE Packet Page -65 - 4/23/2013 16.A.8. > im 'm C @( G) m m 2 z --I 00 0 M G) 0- C: m zo C, > U3 m TO 13.0' ;o 1\ _.jdffi TqS HEIGHT I j --o 0 C m Zmn E:::! Z z M C) m (1) Ox G; 00 m-4 tv Fn 12' M. zi EXPOSED 'n m G) WALLHEIGHT 0 , L< �Om 0 ;u o Z < m < m m m x C) ƒ/\ go > 9 m z m M 0 L� M > z 0 m (n x E: m z m --o 0 C m Zmn E:::! Z z M C) m (1) m Cn 00 m-4 m V 'n < m --o 0 C m Zmn E:::! Z z M C) 4/23/2013 16.A.8. EAGLE CREEK WALL CONSTRUCTION LOCATION MAP STAPLES LOWE'S EAGLE CREEK MAIN ENTRANCE Packet Page -659- 7,,uoT-Ivtmqulv.lvu SOUTH WALL ATLLE1174 - AA