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Agenda 05/13/2013 Item #16A265/14/2013 16.A.26. EXECUTIVE SUMMARY Recommendation to ratify and approve a stipulated Final Judgment as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE as part of the US -41 / Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $8,907.50. OBJECTIVE: To settle the lawsuit styled Collier County v. Lowe's Home Center, Inc., et al, as to Parcel 109FEE (TJS Naples, LLC) and eliminate exposure to further costs arising out of extended litigation. CONSIDERATIONS: Parcel 109FEE was taken by Collier County for the purpose of constructing at -grade improvements to the intersection of US -41 and Collier Boulevard. The parent tract property is leased to Walgreens. Collier County deposited $16,600 into the court registry for the taking of Parcel 109FEE. This was the estimate of full compensation according to the County's real estate appraiser. The property owner has agreed to settle the case for the total sum of $25,200, inclusive of all attorney fees and expert witness costs, and all claims of severance damages. In addition, the owner will be donating to the County two sidewalk easements along the property's US -41 frontage and a temporary construction easement over a portion of the driveway. Parcel 109SWE1 runs across the frontage of the Walgreens parent tract property, and Parcel 109SWE2 runs across the frontage of the 7 -11 parent tract property. Parcel 109TCE is a temporary construction easement across the only driveway into the property and will allow the County's contractor to enter the property for the purpose of re- striping the pavement and connecting the new concrete curb returns along the US -41 pavement with the existing concrete curb returns on either side of the entrance drive. FISCAL IMPACT: Additional expenditures include $8,600 for deposit into the court registry, $170 Clerk's Service Fee, and $137.50 in recording fees. Funds in the amount of $8,907.50 are available in the project. Source of funds are impact fees. The estimated annual operating and maintenance costs of the new right -of -way will be negligible due to the small size of the parcel (.0109 acres) while it remains unimproved. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the approval of this agenda item. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. JW RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve entry of the attached Stipulated Final Judgment with the Circuit Court. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager Attachment: Stipulated Final Judgment Packet Page -1375- 5/14/2013 16.A.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.26. Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE as part of the US -41 / Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $8,907.50. Meeting Date: 5/14/2013 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 4/15/2013 12:52:18 PM Approved By Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/17/2013 2:55:24 PM Name: LynchDiane Title: Administrative Assistant Date: 4/18/2013 12:56:40 PM Name: KearnsAllison Date: 4/18/2013 2:22:22 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 4/18/2013 3:59:03 PM Name: ShueGene Date: 4/18/2013 6:00:14 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 4/24/2013 8:40:57 AM Name: MarcellaJeanne Packet Page -1376- Title: Executive Secretary,Transportation Planning Date: 4/24/2013 8:41:18 AM Name: KlatzkowJeff Title: County Attorney Date: 4/24/2013 4:12:49 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/2/2013 1:26:22 PM Name: KlatzkowJeff Title: County Attorney Date: 5/2/2013 2:04:41 PM Name: OchsLeo Title: County Manager Date: 5/2/2013 4:49:25 PM Packet Page -1377- 5/14/2013 16.A.26. ELM 5/14/2013 16.A.26. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, apolitical subdivision of the State of Florida, Petitioner, Case No.: 2013 -CA -142 VS. Parcels: 109FEE LOWE'S HOME CENTER, INC., a North Carolina corporation; RED NAPLES HOLDINGS V., LLC, a Florida limited liability company; KRG EAGLE CREEK III, LLC, an Indiana limited liability company; TJS NAPLES, LLC, a Florida limited liability company; BARRON COLLIER RESOURCES, LLLP, a Florida limited liability limited partnership; COLLIER LAND AND CATTLE CORPORATION, a Florida corporation; WALGREEN CO., an Illinois corporation; 7- ELEVEN, INC., a Texas corporation; FLORIDA POWER & LIGHT COMPANY; GULF COAST DONUTS, LLC, a Florida limited liability company, d/b /a Dunkin' Donuts; LARRY H. RAY, as Collier County Tax Collector, Respondents. STIPULATED AMENDED ORDER OF TAKING AND FINAL JUDGMENT AS TO INTEREST OF TJS NAPLES LLC IN PARCELS 109FEE 109SWEI 109SWE2 AND 109TCE WITH DISBURSEMENT ORDERS TO CLERK THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Order of Taking and Final Judgment as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE ( "Joint Motion ") filed by Petitioner, COLLIER COUNTY ( "COUNTY "), and Respondent, TJS NAPLES, LLC, a Florida limited liability company ( "OWNER "). The Court having reviewed Page 1 of 8 Packet Page -1378- 5/14/2013 16.A.26. no the record and it appearing that the parties hereto were authorized to enter into the Joint Motion and that the papers filed herein by COUNTY are in proper and sufficient form, and the Court finding that the compensation to be paid by COUNTY is full, just and reasonable for all parties concerned, and being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED that: I. All parties have been properly served with process or otherwise have submitted themselves to this Court's jurisdiction. The Court has jurisdiction over the parties and the subject matter of this cause pursuant to Florida Statutes, Chapters 73, 74 and 127. 2. On March 1, 2013, this Court entered an Order of Taking as to Parcels 109FEE (the "Order of Takinc, "). Pursuant to Fla. Stat. §74.051(2) and the Order of Taking, COUNTY timely deposited the sum of SIXTEEN THOUSAND SIX HUNDRED AND NO /100 Dollars ($16,600.00) into the court registry on March 18, 2013, said sum being the amount of COUNTY's good faith estimate of the total value of Parcel 109FEE. Thereupon, COUNTY became vested with such fee simple interests in and to Parcel 109FEE as described in the Order of Taking and in Schedules I and II attached thereto. Said Order of Taking is hereby ratified and confirmed. 3. Pursuant to the Joint Motion, OWNER and COUNTY have stipulated to amend the Order of Taking in order to add certain sidewalk easements and an additional temporary construction easement designated as Parcels 109SWEI, 109SWE2 and I09TCE, which are described herein and in Schedules III, IV, V, VI and VII attached hereto, to the property being appropriated by COUNTY. OWNER and COUNTY have stipulated that these interests differ from those sought in the Petition filed in this cause and have further stipulated that the interests Page 2 of 8 Packet Page -1379- 5/14/2013 16.A.26. described in the Order of Taking, together with the interests described herein as described in Schedules I, II, III, IV, V, Vi and VII attached hereto, all of which include Parcels 109FEE, 109TCE1, 109SWE1, and 109SWE2, and which constitute the property interests rightly acquired by COUNTY in this condemnation proceeding. Such stipulation is hereby ratified, confirmed, and incorporated into this Amended Order of Taking and Final Judgment. 4. All other conditions precedent to COUNTY's requested relief have been performed, have occurred or have been waived. 5. The amounts awarded herein are not subject to apportionment with any litigant other than Respondent, LARRY H. RAY, as Collier County Tax Collector. Respondent, LARRY H. RAY, as Collier County Tax Collector may have a claim to the proceeds to be paid for Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE for current and delinquent ad valorem taxes and other assessments assessed against said Parcels through the date of taking. Accordingly, pursuant to the authority under section 73.061, Florida Statutes, the Clerk is directed to pay to the Collier County Tax Collector any taxes shown to be due and owing from the proceeds to be paid to OWNER prior to disbursement to OWNER as set forth below, unless said payment has already been made. 6. Based upon the foregoing, it is proper that this Amended Order of Taking and Final Judgment as to Parcels 109FEE, 109SWEl, 109SWE2 and 109TCE should enter in favor of COUNTY and against OWNER as listed in the Petition in Eminent Domain as its interests may appear. 7. The Joint Motion is GRANTED and is incorporated by reference into this order and judgment. Page 3 of 8 Packet Page -1380- 5/14/2013 16.A.26. 8. Upon COUNTY's deposit of the monies herein ordered to be deposited, as evidenced by the Clerk's certificate of deposit, COUNTY shall be vested with a fee simple interest in and to the property designated as Parcel 109FEE, a temporary construction easement in and to the property designated as Parcel 109TCE, and a permanent sidewalk easement in and to the property as described herein as Parcels 109SWE1 and 109SWE2 without further notice or order of this Court, and Petitioner shall be entitled to immediate possession of such property interests, which property interests shall be deemed to have been condemned and taken for the uses as set forth in the Petition in Eminent Domain and in Schedules 1, II, III, IV, V, VI and VII attached hereto. 9. OWNER shall have and recover from COUNTY the sum of TWENTY -FIVE THOUSAND TWO HUNDRED FIFTY AND NO 1100 DOLLARS (525,200.00), in full compensation for the property interests taken, improvements taken, severance damages, cure costs and all other damages or compensation claimed by or through Owner, its successors and assigns, now and in the future arising from the taking of Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE in this cause, subject to the possible payment of any unpaid pro -rated ad valorem taxes assessed against said Parcels through the date of taking. The aforementioned compensation paid by COUNTY includes full payment of all of OWNER's fees and costs, including but not limited to all attorneys' fees and costs and all experts' fees and costs, necessarily expended or incurred in this cause by or on behalf of Owner. 10. COUNTY shall be and is hereby credited the sum of SIXTEEN THOUSAND SIX HUNDRED AND NO /100 DOLLARS (516,600.00) previously deposited into the Court Page 4 of 8 Packet Page -1381- 5/14/2013 16.A.26. registry pursuant to the Order of Taking. Such sum is hereby credited towards payment of the awards made herein. 11. Accordingly, within thirty (3 0) days after the date of this order and final judgment, COUNTY shall deposit into the registry of this Court the sum of EIGHT THOUSAND SIX HUNDRED AND NO /140 DOLLARS ($8,600.00) which represents the remaining balance and which total sum shall satisfy the awards made herein. 12. Pursuant to the Joint Motion, OWNER and its counsel each have agreed that no nonmonetary benefits have been achieved in this cause and thereby have waived any additional claim for attorneys' fees or costs against Petitioner in this cause as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE. Such stipulation is hereby ratified and incorporated into this order and judgment. 13. Without further order of this Court, upon COUNTY's deposit, the Clerk of this Court shall forthwith pay to OWNER, the total sum of TNVNETY -FIVE THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($25,200.00 ), less any unpaid pro -rated ad valorem taxes and assessments assessed against Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE through the date of taking. Immediately upon issue, the Clerk shall mail its check to TJS NAPLES, LLC, 9S175 Drew Avenue, Burr Ridge, Illinois 60527, for disbursement in accordance with this order and judgment. The interest, if any, related to the deposits referenced herein shall be distributed pursuant to the formula set forth in Section 74.051 Florida Statutes. 14. There is no other or further compensation, damages, attorneys' fees and costs or experts' fees and costs due from COUNTY to OWNER in this matter as to Parcels 109FEE, 109SWEI, 109SWE2 and 109TCE. Page 5 of 8 Packet Page -1382- 5/14/2013 16.A.26. 15. The Court retains jurisdiction for determination of unpaid taxes, for apportionment and for enforcement of the terms of this order and judgment as may be necessary. DONE and ORDERED in chambers in Collier County, Florida on this day of 2013. Copies furnished to: Jeffrey L. Hinds, Esquire Suzanne M. Driscoll, Esquire Theodore Schmidt Larry H. Ray, Collier County Tax Collector Page 6 of 8 HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE Packet Page -1383- 5/14/2013 16.A.26. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT LS AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 2013 -CA -142 vs. Parcels: 104FEE LOWE'S HOME CENTER, INC., a North Carolina corporation; RED NAPLES HOLDINGS V., LLC, a Florida limited liability company; KRG EAGLE CREEK III, LLC, an Indiana limited liability company; TJS NAPLES, LLC, a Florida limited liability company; BARRON COLLIER RESOURCES, LLLP, a Florida limited liability limited partnership; COLLIER LAND AND CATTLE CORPORATION, a Florida corporation; WALGREEN CO., an Illinois corporation; 7- ELEVEN, INC., a Texas corporation; FLORIDA POWER & LIGHT COMPANY; GULF COAST DONUTS, LLC, a Florida limited liability company, d/b /a Dunkin' Donuts; LARRY H. RAY, as Collier County Tax Collector, Respondents. JOINT MOTION FOR ENTRY OF STIPULATED AMENDED ORDER OF TAKINGAND FINAL JUDGMENT AS TO AS TO PARCELS 109FEE 109SWE1 109SWE2 AND 109TCE Petitioner, COLLIER COUNTY, and Respondent, TJS NAPLES, LLC, a Florida limited liability company, by and through their undersigned counsel, hereby stipulate and jointly move Page 7 of S Packet Page -1394- 5/14/2013 16.A.26. that the Court enter the foregoing Stipulated Order of Taking and Final Judgment as to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE. Theodore J.: SClT dt, Esq. Schmidt Salzman & Moran, Ltd. 111 W *aAington St Ste 1300 Chicago;' TL 60602 -3466 Counsel for Respondent TJS Naples, LLC Dated this t L ---day of 2013 Jeffrey L. Hinds, Esq, FBN: 0008710 Jay J. Bartlett FBN: 875163 SMOLKER BARTLETT SCHLOSSER LOEB & HINDS, P.A. 500 East Kennedy Blvd., Suite 200 Tampa, Florida 33602 (813) 223 -3888 Special Counsel to the Petitioner Dated this 2013. Page 8 of 8 Packet Page -1385- day of co 5/14/2013 16.A.26. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County ") shall acquire from the property owners /interest holders (hereinafter "Owner(s) ") of certain real property and described in the legal description and sketch ( "Schedule 11 ") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule II. 2. Schedule II describes and depicts a fee simple acquisition from Owner(s) for road construction and related purposes, all being associated with the Project. The County shall acquire a fee simple interest in the property described and depicted on Schedule 11, Schedule I - Page 1 of 1 Packet Page -1386- 5/14/2013 16.A.26. N SCHED LE it Pa 1 of 1 '*E s �s 0 40 80 SD' LEGEND FCRE AOR OFIIa CORDS BOOK 'v P8 = PLAT BOOK PG - PACE ROB = POINT OF BEGINNING N0, NUMBER SA, a STATE ROAD LOT 2 AKA ALSO KNOWN AS CAPRI COMMERCIAL CENTER REPLAT PS 35, PG 85 Aw TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368002025 N70'13'06 "E (-9.72' 109FE£ 475 SF SO4'11'32"W LOT 1 48.48' CAPRI CENTER OMMERCAL NO3 45'4 8 POB 60.81' ER PE 31. PG 52 TJS NAPLES, LLC S31'36'321W OR 4267, PG 3129 1833 IF NO. 25368000028 Rw LOT 1 CY) CAPRI COMMERCIAL CENTER N0. 2 a 0= PE 49. PG 5 I Uj LOWE'S HOME CENTERS, INC OR 4467, PG 1995 FEE SNA L.E FOLIO N0. 25368002589 INTEREST LEGAL DESCRIPTION' — PARCEL 109FEE 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 COMMON EASTERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER. AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COWER COUNTY. FLORIDA AND LOT ' CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COU3ER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951; THENCE S31'36'32W FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER. AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EASTERLY BOUNDARY, NO3'46'45'E FOR 60.81 FEET; THENCE N7(T13'06'E FOR 9.72 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF S:R. 951 AND THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE SD4711'3Z'W FOR 48.48 FEET ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 475 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TECM - ROW SEP 19 2012 MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE 6c RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS LS NOT A SURVEY. PROJSCI`. t).S.41 /C.R.961 /S.R.951 SMCII AND LEGAL DESCRIPTION i -47 ig PARCEL JD9M RIGHT—OF—TAY esivwa�waon�.sw.mo Negac.Flotldaaa)p9 PWAM FOR CIXIM CGT1M L•D4ERNiTSN'T /BOARD OF COUNTY COISIOSBIONERS t :1m)M74ns FAx:�6274M tB w.: qw' JOB NUMBER REti9SKM SECTION TOWNSHIP RANGE SCALE DATE DRAWN tiY FILE NAME SHEET nannttl.0O.o0 0 3 51S ?6E 1' 80' 7/23/12 RAK. SKO_109FEE3 1 OF Packet Page - 1387- 5/14/2013 16.A.26. Schedule 111 (Sidewalk Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County ") shall acquire from the property owners /interest holders (hereinafter "Owner(s) ") of certain real property and described in the legal description and sketch ( "Schedules IV and V") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedules IV and V. 2. Schedules IV and V describe and depict Sidewalk Easements ( "SWE ") area. The rights acquired to such SWE shall be as follows: The County shall have a perpetual, non - exclusive sidewalk easement for the purpose of maintaining an existing sidewalk and related improvements located over, upon and across the lands described in Schedules IV and V, together with the right to enter upon said land and to maintain, repair, and /or replace the existing sidewalk and related improvements thereon, as the County may deem necessary in its sole and absolute discretion. 3. Owner(s), their heirs, successors and assigns may continue to use the SWE area for any lawful purposes that do not directly interfere with the County's acquired rights or the public's use of the existing sidewalk and related improvements thereon; provided, however, that Owner(s), their heirs, successors and assigns shall not construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the SWE area or which may interfere with the County's maintenance, repair, replacement and /or removal of the existing sidewalk and related improvements thereon or which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the SWE area. Schedule III - Page 1 of 1 Packet Page -1388- F B E S 0 40 80 1` B0' LOT 2 N35 CAPRI COMMERCIAL fJ CENTER REPLAT Pe 35, PG 85 TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368002026 Schedule IV 4 PARCEL 109SWE1 (revised 6-13 -2012) P GS G RYr ,—pos 109SWE1 1,561 SF 5/14/2013 16.A.26. LEGEND RW RICHT —OF —WAY Oke OFFICIAL RECORDS BOOK PB = PLAT WOK PG . PAGE PDB POINT OF BEmmmr NO. = NUMBER S.R. STATE ROAD AKA = ALSO KNOWN AS LOT t S70"13'06"W 9.72' CAPRI COMMERCIAL CENTER \P PB 31. PC 52 \ TJS NAPLES, LLC OR 4267, PG :31212 9 FOLIO NO. 25368000028 LOT 1 CAPRI COMMERCIAL CENTER NO. 2 iS PB 49, PC 5 LOWS S HOME CENTERS, INC cog OR 4467, PG 1996 FOLIO NO. 25368002589 LEGAL DESCRIP110N — SIDEWALK EASEMENT 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 NORTHWEST CORNER OF LOT 1, CAPRI COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41: THENCE S54'22'24 "E FOR 197.91 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41, TO THE INTERSECTION OF SAID SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41 AND THE WESTERLY RIGHT -OF -WAY LINE OF S.R. 951: THENCE LEAVING SAID RIGHT -OF -WAY LINES, S70'13'06 'W FOR 9.72 FEET; THENCE N54'22'24W FOR 192.39 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THENCE N35'37'36'E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,561 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. MICHAEa _: k'ARD PROFESSIONAL LAND SURVEYOR LS# 5301 D TE SIGNED `NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY, 95If 3KSTCH AND LEGAL D83 RH'TTON t fd k smv - �* 4r.ot °tWy.. sewWo-p.kawe. bLftwo P1;EPA�D F01r COSS�R COMM SD�tili8l:lf801BD OF COittT1Y COYN155tONEES ft.WPq u1e 4VfiFAC09t1*>4i1s 1Hhb_,o2 z JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY SHEET 090081.00.06 1 a 3 51S 26E 1 1' - 66' 8/10/12 1 R.A.K. 1 OF 1 Packet Page -1389- LOT 1 CAPRI COMMERCIAL CENTER NO. 2 PB 49, PG 5 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FOLIO NO. 25368002589 LEGEND RW = RIGHT— OF—WAY OR n OFFICIAL RECORDS BOOK P8 c PLAT BOOK PC PAGE POB POINT OF BEGINNWG NO. NUMBER SR STAM R040 AKA ALSO KNOWN AS Schedule V PARCEL 109SWE2 'p (revised 8- 16- 2012) EXISTING RW �V Gir1,�q 3 � 7 09SWE2 '36B SF LOT 2 CAPRI COMMERCIAL CENTER REPLAT PB 35, PC 85 TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368002026 LEGAL DESCRIPndN — SIDEWALK EASEMENT ! 8.00' LOT I CAPRI COMMERCIAL CENTER PB 31, PG 52 TJS NAPLES, LLC OR 4267, PG 3129 FDUO NO. 25386000028 5/14/2013 16.A.26. A PARCEL OF LAND LYING IN SECTM 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT. AS RECORDED W PLAT HOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE S54`22'24 E FOR 170.98 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE S35'37'36 "W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 2; THENCE N5422'22°W FOR 170.98 FEET: THENCE N3637'36"E FOR 8.00 FEET ALONG THE WESTERLY BOUNDARY OF' SAID LOT 2, TO THE POINT` OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1.388 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. �P�k- %- CHAEL A. WARD PROFESSIONAL LAND SURVEYOR IS# 5301 DATE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY. a,r c cola SrD w wtaoPt�NaotrMRO /8Y1 t t1@7r rnv.are+ Y.ww..,s wt WS Pamx K+,V� ra uapipitl AI-Inr Mr w1Ri4.rmrF[]..w PRDJECP: O.S.41 /C.R.951 /8.8951 RL 8L>1:TCR AND LEGAL DESCRTPTSON mroYtl Ptl0.Gln.6W.lLo NM*iM.. Fgys341CP FMABBO ROTC O== COOMY GOYSB#3F1D`2iP /SOATLO 0 COORPL' O MO6 MNES Pre : WO)IPMIM FAX-- CM110=6 3 1 51S I 26E 1 1' Packet Page -1390- 5/14/2013 16.A.26. Schedule VI (Temporary Construction Easement - Driveway Restoration) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County ") shall acquire from the property owners /interest holders (hereinafter "Owner(s) ") of certain real property and described in the legal description and sketch ( "Schedule VII ") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein on Schedule VII. 2. Schedule VII describes and depicts a Temporary Construction Easement - Driveway Restoration ( "TCE ") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule VII as a temporary construction and driveway restoration easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip -rap and retaining wail systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right -of -way; (3) storage and marshalling of equipment and materials during the roadway construction project, (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the contemplated improvements, and (5) for the purpose of constructing with materials of like kind, a driveway /turnout and /or providing a continuous transition between the existing driveway and the newly constructed road, sidewalk and drainage improvements proposed as a part of Project No. 60116, for connecting new concrete curbing on either side of the entrance drive to the existing curbing on Owner(s) property and refreshing the pavement markings on the driveway, all with full authority to enter upon, grade, regrade, excavate or otherwise Schedule VI - Page 1 of 2 Packet Page -1391- 5/14/2013 16.A.26. construct such improvements as is necessary for the construction of Project No. 60116 and its associated improvements, any improvements depicted in Schedule ll, and for restoring the temporary construction and driveway restoration easement area. b. All the TCE rights and privileges granted herein shall commence on the day the easement rights are vested in the County through agreement, court order, or operation of law and end three (3) years after that date. c. Throughout the duration of the TCE, the County has the right and authority to remove and dispose of dirt, rocks and vegetation within the temporary construction easement area. To the extent damage results from use by the County, its agents or contractors, the County shall compensate Owner(s) for any damage or loss remaining at the end of the term of this TCE. 3. Owner(s), their heirs, successors and assigns may continue to use the TCE area for any lawful purposes that do not directly interfere with the County's acquired rights; provided, however, that Owner(s), their heirs, successors and assigns shall not construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the TCE area (for as long as it shall exist) which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the TCE area (for as long as It shall exist). Schedule VI - Page 2 of 2 Packet Page -1392- R Schedule VII s E 0 20 40 GBAPRIC 9JU 1" = 40' POC if �-1 NW CORRNNERR � LOT 2 1 10 kE S S35'37'36'W 8.00' �O ff�y c Rg F N35'31'000"0E �1 R PARCEL 109TC1 1: TEMPORARY CONSTRUCTION EASEMENT C" X589 6 <;p'y4j f , S f f i I REVISION SEC-.,.()N f' RANGE /f DATE yr FILE NAME S54'22'24'E 6.25' r POB S54'22'24`E 50.00' \F 109TCE' 750 SF �6 O ` `S35'37'00"W RA' 15m, \ rs X53 �c s i` 3S�R R AFRc j, � BsTta� i 1 LEGAL DESCRIPTION — PARCEL 109TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5/14/2013 16.A.26. LEGEND RW = RIGHT —OF —WAY OR OFFICIAL RECORDS BOOK PR PLAT BOOK PG = PACE POS POINT OF BEGINNING ,"NO. NUMBER SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA, BEING COMMENCING AT THE NORTHWEST CORNER OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT —OF —WAY LINE OF U.S. 41; THENCE S3537'36W, ALONG THE WESTERLY BOUNDARY OF LOT 2, CAPRI COMMERCIAL CENTER REPLAT, AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA FOR 8.00 FEET; THENCE LEAVING THE WESTERLY BOUNDARY OF SAID LOT 2. S54'Z2'24'E FOR 5.25 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE 554'22'24'E FOR 50.00 FEET; THENCE S35'37'00'W FOR 15.00 FEET; THENCE N54'22'24'W FOR 50.00 FEET; THENCE N35'37'00'E FOR 15.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 750 SQUARE FEET MORE T R LES . SUBJ C TO EASEMENTS AND RESTRICTIONS OF RECORD. CONSTRUCTION EASEMENT TECM - ROW OMTMN 3 YEARS. JUN 15 2012 4�� �-N� MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 0 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, THIS IS NOT A SURVEY. — 1 . -11 4:10 - r.1aaM \aaoue.0000 —1 . d ' — .nwowe.y — o ' -W\= a \n r- snwrwrrcn — aww, \=-#. — arimm_,ortorc.+a PROXECP: U.S,41/C.R.951/SJL951 mm RWN SKETCH AND LEGAL DESCRIPTION PARCEL 109TC1 1: TEMPORARY CONSTRUCTION EASEMENT 661 W owP.&D" u" 2w PREPARED FOR: COLLIER COUNTY COVIERNIO NT/80ARD OF COUNTY COYIHSSIONERS N.p- Raga34109 Pj—: MW1627-0n6 FAX: (2") su -OM Ui N0.: M2 JOB NUMBER I REVISION SEC-.,.()N TOWNSHIP RANGE .SCAT DATE DRAWN BY FILE NAME SHEE. 040081.00.00 2 I 3 I 51S I 26E T' = 4G' 6/8/12 1 R.A.K. 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