Agenda 05/13/2013 Item #16A27EXECUTIVE SUMMARY
Recommendation to ratify and approve tv
102FEE, et al, as part of the US -41 / Collier
(Project No. 60116) Fiscal Impact: $198.50
5/14/2013 16.A.27.
o Stipulated Final Judgments as to Parcel
Boulevard Intersection Improvement project
OBJE_ CTIVE: To settle the lawsuits styled Collier County v. Lowe's Home Center, Inc., et al,
as to Parcels 107FEE, 107TCE1 and 107TCE2 (KRG Eagle Creek III), and Collier County v.
KRG 951 & 41, LLC, as to Parcels 102FEE1, 102FEE2, 102TCE, (KRG 951 & 41, LLC, Kite
Eagle Creek, LLC, and KRG Eagle Creek IV, LLC) and eliminate exposure to further costs
arising out of extended litigation.
CONSIDERATIONS: The above - referenced parcels (102FEE1, 102FEE2, 102TCE, 107FEE,
107TCE1 and 107TCE2) were taken by Collier County for the purpose of constructing at -grade
improvements to the intersection of US -41 and Collier Boulevard. The property owners have
also agreed to convey three (3) sidewalk easements and an additional temporary construction
easement to the County without compensation therefore.
Collier County deposited into the court registry $84,430 for the taking of parcels 102FEE1,
102FEE2 and 102TCE , and $86,550 for the taking of Parcels 107FEE, IOTCEI and 107TCE2.
These were the estimates of full compensation according to the County's real estate appraiser.
The property owners have accepted the County's offer of full compensation; and have also
agreed to donate to Collier County three (3) perpetual sidewalk easements along their US -41
frontage as part of the deal (Parcels 1 IOSWEI and 1 l OSWE2, and Parcel 111 SWE) along with
temporary construction easement Parcel 1 IOTCE.
FISCAL IMPACT: Recording fees in the amount of $198.50. Source of funds are impact
fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. JW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
approve entry of the attached Stipulated Final Judgments with the Circuit Court.
Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachments: 1) Stipulated Final Judgments with legal descriptions attached thereto, Parcels
102FEE1, 102FEE2, 102TCE, 106FEE, 106TCE; 2) Stipulated Final Judgments with legal
descriptions attached thereto, Parcels 107FEE, 107CE1, 107TCE2; 3) Aerial location photo
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COLLIER COUNTY
Board of county commissioners
Item Number: 16.16.A.16.A.27.
Item Summary: Recommendation to ratify and approve two Stipulated Final Judgments
as to Parcel 102FEE, et al, as part of the US -41 / Collier Boulevard Intersection Improvement
project (Project No. 60116) Fiscal Impact: $198.50
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
3/28/2013 12:33:24 PM
Approved By
Name: KearnsAllison
Date: 4/23/2013 2:05:03 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/24/2013 10:51:48 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/24/2013 11:27:37 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/24/2013 12:46:44 PM
Name: ShueGene
Date: 4/24/2013 1:19:53 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 4/24/2013 3:04:53 PM
Name: MarcellaJeanne
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Title: Executive Secretary,Transportation Planning
Date: 5/1/2013 8:34:02 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/1/2013 11:23:18 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 1:33:47 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:45:22 PM
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5/14/2013 16.A.27.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
VS.
KRG 951 & 41, LLC, an Indiana limited
liability company; EMBARQ FLORIDA, INC.,
a Florida corporation d/b /a Centurylink, f/k/a
Sprint - Florida, Incorporated, successor by
merger to United Telephone Company of
Florida; THE BANK OF NEW YORK
MELLON TRUST COMPANY, N.A., a
national association; BARRON COLLIER
RESOURCES, LLLP, a Florida limited liability
limited partnership; COLLIER LAND AND
CATTLE CORPORATION, a Florida
corporation; LARRY H. RAY, as Collier
County Tax Collector,
Respondents.
Case No.: 13-CA -0178
Parcels: 102FEE1, 102FEE2,102TCE,
106FEE, 106TCE
STIPULATED FINAL JUDGMENT AS TO PARCELS 102FEE1 102FEE2 AND 102TCE
WITH DISBURSEMENT ORDERS TO CLERK
THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Final
Judgment as to Parcels 102FEE1, 102FEE2 and 102TCE (the "Joint Motion "), filed by
Petitioner, COLLIER COUNTY ( "COUNTY "), and Respondent, KRG 951 & 41, LLC, an
Indiana limited liability company ("OWNER"). The Court having reviewed 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
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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. Thus, the Court has jurisdiction over the parties and the
subject matter of this cause, pursuant to Chapters 73, 74 and 127. Florida Statutes.
2. COUNTY and OWNER each stipulate to the entry of this Final Judgment as to
Parcels 102FEE1, 102FEE2 and 102TCE.
3. On March 4, 2013, this Court entered an Order of Taking as to Parcels 102FEE 1,
102FEE2 and 102TCE ("Order of Taking "). Pursuant to section 74.051(2), Florida Statutes, and
the Order of Taking, COUNTY timely deposited the sum of EIGHTY -FOUR THOUSAND
FOUR HUNDRED THIRTY AND NO /100 Dollars ($84,430.00) into the court registry on
March 18, 2013, said sum being the amount of COUNTY's good faith estimate of the total value
of Parcels 102FEE1, 102FEE2 and 102TCE. Thereupon, COUNTY became vested with such
fee simple interests and temporary construction easements in and to Parcels 102FEEI, 102FEE2
and 102TCE as described in the Order of Taking and in Schedules 1, 11, III and IV attached
thereto, but subject to easements as recorded in official records book 2529, page 1389, as
amended by book 3620, page 2850; and easements as recorded in official records book 3293,
page 1368, as amended by book 3620, page 2835, as amended by book 3774, page 2770 of the
public records of Collier County, Florida. Said Order of Taking is hereby ratified and confirmed.
4. Respondent, LARRY H. RAY, as Collier County Tax Collector, may have a
claim to the proceeds to be paid for Parcels 102FEE1, 102FEE2 and 102TCE for unpaid ad
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Xg1re
.a taxes 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 in paragraph 10, below.
5. Based upon the foregoing, it is proper that this Final Judgment as to Parcels
IO2FEE1, 102FEE2 and 102TCE should enter in favor of COUNTY and against the respondents
named in the Petition in Eminent Domain, as their interests may appear.
6. The Joint Motion is GRANTED and is incorporated by reference into this Final
Judgment.
7. COUNTY and OWNER agree that OWNER shall recover from COUNTY the
total sum of EIGHTY -FOUR THOUSAND FOUR HUNDRED THIRTY AND NO /100
Dollars ($84,430.00), 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
102FEE1, 102FEE2 and 102TCE 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.
8. Pursuant to the Joint Motion, OWNER and its counsel have each agreed that no
nonmonetary benefits have been achieved in this cause and thereby have waived any additional
claim for attorneys' fees or costs against COUNTY in this cause as to Parcels 102FEE1,
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102FEE2 and 102TCE. Such stipulation is hereby ratified and incorporated into this Final
Judgment.
9. COUNTY shall be and is hereby credited the sum of EIGHTY -FOUR
THOUSAND FOUR HUNDRED THIRTY AND NO /100 Dollars ($84,430.00) deposited into
the court registry on March 18, 2013 pursuant to the Order of Taking. Such sum is hereby and
shall be credited towards payment of the awards made herein.
10. Without further order of this Court, the Clerk of this Court shall forthwith pay to
OWNER the total sum of EIGHTY -FOUR THOUSAND FOUR HUNDRED THIRTY AND
N01100 Dollars ($84,430.00), subject to the provisions of paragraphs 4 and 7 above, and less
any unpaid pro -rated ad valorem taxes assessed against Parcels 102FEEI, 102FEE2 and 102TCE
through the date of taking. Immediately upon issue, the Clerk shall mail its check payable to the
trust account of Coleman Yovanovich & Koester, P.A. to Richard D. Yovanovich, Esq.,
Coleman Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida
34103, for disbursement in accordance with this Final 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.
11. 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 102FEE1.
102FEE2 and 102TCE.
12. The Court retains jurisdiction for determination of unpaid taxes, for
apportionment and for enforcement of the terms of this Final Judgment as may be necessary.
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DONE and ORDERED in chambers in Collier County, Florida on this day of
, 2013.
HONORABLE FREDERICK R. HARDT
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey L. Hinds, Esquire
Richard D. Yovanovich, Esquire
Larry H. Ray, Collier County Tax Collector
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA.
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
VS.
KRG 951 & 41, LLC, an Indiana limited
liability company, et al.,
Respondents.
Case No.: 2013 -CA -0178
Parcels: 102FEE1,102FEE2, 102TCE
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT AS TO
PARCELS 102FEE1 102FEE2 AND 102TCE
Petitioner, COLLIER COUNTY, and Respondent, KRG 951 & 41, LLC, an Indiana
limited Iiability company, by and through their undersigned counsel, hereby stipulate and jointly
move that the Court enter the foregoing Stipulated Final Judgment as to Parcels 102FEE1,
102FEE2 and 102TCE.
4 {f- -i
Dated this ► 6 day of March, 2013. Dated this
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day of March, 2013.
Richard D. Yovanovich, Esq.
Jeffrey L. Hinds, Esq.
Coleman Yovanovich & Koester, P.A.
SMOLKER, BARTLETT, SCHLOSSER,
4001 Tamiami Trail N., Suite 300
LOEB & HINDS, P.A.
Naples, Florida 34103 -3591
(239) 435 -3535
500 East Kennedy Blvd., Suite 200
FBN: 782599
Tampa, Florida 33602
(813) 223 -3888
Counsel for KRG 95I & 41, LLC
FBN: 0008710
Special Counsel to the Petitioner
4 {f- -i
Dated this ► 6 day of March, 2013. Dated this
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day of March, 2013.
5/14/2013 16.A.27.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No.: 2013 -CA -142
VS.
Parcels: 107FEE, 107TCE1,107TCE2
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 Iimited liability company, d/b /a
Dunkin' Donuts; LARRY H. RAY, as Collier
County Tax Collector,
Respondents.
STIPULATED ORDER GRANTING MOTION OF KITE EAGLE CREEK, LLC, AND
KRG EAGLE CREEK IV, LLC, TO INTERVENE
AND
STIPULATED AMENDED ORDER OF TAKING AND FINAL JUDGMENT AS TO
INTERESTS OF KRG EAGLE CREEK III LLC KITE EAGLE CREEK LLC AND
KRG EAGLE CREEK IV, LLC, IN PARCELS 107FEE,107TCE1, 107TCE2,110SWEL
110SWE2 110TCE AND 111SWE WITH DISBURSEMENT ORDERS TO CLERK
THIS CAUSE came before the Court upon the Joint Motion for Order Granting Motion
of Kite Eagle Creek, LLC, and KRG Eagle Creek IV, LLC, to Intervene, and for Entry of
Stipulated Amended Order of Taking and Final Judgment as to Parcels 107FEE, 107TCE1,
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107TCE2, II0SWEl, 110SWE2, IIOTCE and IIISWE ( "Joint Motion ") filed by Petitioner,
COLLIER COUNTY ( "COUNTY "), Respondent, KRG EAGLE CREEK III, LLC, an Indiana
limited liability company ( "OWNER "), and intervenors KITE EAGLE CREEK, LLC, and KRG
EAGLE CREEK IV, LLC ( "INTERVENORS "). The Court having reviewed 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:
1. Pursuant to the applicable Florida Rules of Civil Procedure, the parties'
stipulation with the INTERVENORS in the Joint Motion and section 73.051, Florida Statutes,
KITE EAGLE CREEK, LLC, AND KRG EAGLE CREEK IV, LLC, are hereby added as parties
Respondent to the instant proceedings.
2. 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 Chapters 73, 74 and 127, Florida Statutes.
3. On March 1, 2013, this Court entered an Order of Taking as to Parcels 107FEE,
107TCEI and 107TCE2 ( "Order of Taking "). Pursuant to Fla. Stat. §74.051(2) and the Order of
Taking, COUNTY timely deposited the sum of EIGHTY -SIX THOUSAND FIVE HUNDRED
FIFTY AND N01100 Dollars ($86,550.00) into the court registry on March 18, 2013, said sum
being the amount of COUNTY's good faith estimate of the total value of Parcels 107FEE,
107TCEI and 107TCE2. Thereupon, COUNTY became vested with such fee simple interests
and temporary construction easements in and to Parcels 107FEE, 107TCEI and 107TCE2 as
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described in the Order of Taking and in Schedules 1, I1, 1I1 and IV attached thereto, but subject to
easements as recorded in official records book 2098, page 2105, as amended by book 4450, page
2173: easements as recorded in official records book 2516, page 3471, amended by book 2847,
page 2249, as amended by book 4450, page 2140; easements as recorded in official records book
2795, page 1480, as amended by book 4450, page 2140; and easements as recorded in official
records book 3344, page 298, as amended by book 4450, page 2112, as amended by book 4467,
page 2003 of the public records of Collier County, Florida. Said Order of Taking is hereby
ratified and confirmed.
4. Pursuant to the Joint Motion, OWNER, INTERVENORS 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 110SWE1, 110SWE2,
11 OTCE and 111 SWE, which are described herein and in Schedules V, VI, VII, VIII, IX and X
attached hereto, to the property being appropriated by COUNTY. OWNER, INTERVENORS,
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 described in the Order of Taking, together
with the interests described herein and in Schedules V, V1, VII, VIII, IX and X attached hereto,
which include Parcels 107FEE, 107TCE1, 107TCE2, 110SWEl, 110SWE2, 110TCE and
I11SWE, 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.
5. Pursuant to the Joint Motion, OWNER and INTERVENORS further stipulated to
the entry of this Amended Order of Taking and Final Judgment as to Parcels 107FEE, 107TCEI,
107TCE2, 110SWE1, I IOSWE2, 110TCE and 111 SWE.
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6. All other conditions precedent to COUNTY's requested relief have been ,
performed, have occurred or have been waived.
7. 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 107FEE, 107TCE1, 107TCE2, 110SWE1, 110SWE2, 110TCE and 111SWE for
unpaid ad valorem taxes assessed against said Parcels through the date of taking. Accordingly,
pursuant to the authority under section 73.061, Florida Statutes, the CIerk 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 and INTERVENORS prior to disbursement to OWNER and INTERVENORS
as set forth in paragraph 14 below.
8. Based upon the foregoing, it is proper that this Amended Order of Taking and
Final Judgment as to Parcels 107FEE, 107TCE1, 107TCE2, l IOSWEI, 1 IOSWE2, 110TCE and
111 SWE should enter in favor of COUNTY and against OWNER as listed in the Petition in
Eminent Domain as its interests may appear, and against INTERVENORS as their interests are
listed herein.
9. The Joint Motion is GRANTED and is incorporated by reference into this
Amended Order of Taking and Final Judgment.
10. OWNER and INTERVENORS shall have and recover from COUNTY the sum of
EIGHTY -SIX THOUSAND FIVE HUNDRED FIFTY AND NO /100 DOLLARS ($86,550.00),
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 or INTERVENORS,
their successors and assigns, now and in the future arising from the taking of Parcels 107FEE,
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107TCE1, 107TCE2, 110SWE1, 110SWE2, 110TCE and 111SWE 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. Likewise, the aforementioned compensation paid by COUNTY includes full payment
of all of INTERVENORS'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 INTERVENORS. OWNER and INTERVENORS shall allocate and disburse the amounts
awarded herein between and amongst themselves by agreement.
11. Pursuant to the Joint Motion, OWNER, INTERVENORS and COUNTY have
stipulated that COUNTY shall, at COUNTY's sole cost and expense, keep the existing sidewalk
and related improvements located in Parcels I I0SWE1, 1 IOSWE2 and 111SWE in good repair
for so long as COUNTY desires to keep such existing sidewalk and related improvements in
Parcels 110SWE1, 110SWE2 and 111SWE; however, nothing in this Paragraph shall be
construed to require COUNTY to maintain either sidewalk, or any of the existing related
improvements located in Parcels 110SWE1, 110SWE2 and 111SWE in perpetuity— COUNTY
may, at COUNTY's sole discretion, remove the existing sidewalks and related improvements at
any time.
12. Pursuant to the Joint Motion, OWNER, INTERVENORS and their 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 COUNTY in this cause as to
Parcels 107FEE, 107TCE1, 107TCE2, 110SWE1, 110SWE2, 110TCE and 111SWE. Such
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stipulation is hereby ratified and incorporated into this Amended Order of Taking and Final
Judgment.
13. COUNTY shall be and is hereby credited the sum of EIGHTY -SIX THOUSAND
FIVE HUNDRED FIFTY AND NO /100 DOLLARS ($86,550.00), deposited into the court registry
on March 18, 2013 pursuant to the Order of Taking. Such sum is hereby and shall be credited
towards payment of the awards made herein.
14. Without further order of this Court, the Clerk of this Court shall forthwith pay to
OWNER and INTERVENORS the total sum of EIGHTY -SIX THOUSAND FINE HUNDRED
FIFTY AND NO /100 DOLLARS ($86,550.00), subject to the provisions of paragraphs 7 and 10
above, and less any unpaid pro -rated ad valorem taxes assessed against Parcels 107FEE, 107TCEI,
107TCE2, I I OSWEI, 1 I OSWE2, I I OTCE and 111 SWE through the date of taking. Immediately
upon issue, the Clerk shall mail its check payable to the trust account of Coleman Yovanovich &
Koester, P.A., to Rich D. Yovanovich, Esq., Coleman Yovanovich & Koester, P.A., 4001
Tamiami Trail North, Suite 300, Naples, Florida 34103, for disbursement in accordance with this
Amended Order of Taking and Final 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 or to INTERVENORS in this matter as
to Parcels 107FEE, 107TCE1, 107TCE2, I IOSWEI, I IOSWE2, l IOTCE and l I] SWE.
15. The Court retains jurisdiction for determination of unpaid taxes, for
apportionment, for determination of compensation, if any, owed to Respondent, GULF COAST
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DONUTS, LLC, a Florida limited liability company d/b /a Dunkin' Donuts, and for enforcement
of the terms of this Amended Order of Taking and Final 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
Richard D. Yovanovich, Esquire
All parties on attached service list
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No.: 2013 -CA -142
M
LOWE'S HOME CENTER, INC., a North
Carolina corporation, et al.,
Respondents.
I
Parcels: 107FEE, 107TCE1. 107TCE2
JOINT MOTION FOR ENTRY OF ORDER ALLOWING INTERVENTION BY KITE
EAGLE CREEK LLC AND KRG EAGLE CREEK IV LLC
and
STIPULATED AMENDED ORDER OF TAKING
AND FINAL JUDGMENT AS TO PARCELS 107FEE 107TCE1 107TCE2, 110SWE1
110SWE2, 110TCE AND I1ISWE
Petitioner, COLLIER COUNTY, Respondent, KRG EAGLE CREEK III, LLC, an
Indiana limited liability company, and intervenors KITE EAGLE CREEK, LLC, and KRG
EAGLE CREEK IV, LLC, by and through their undersigned counsel, hereby stipulate and jointly
move that the Court enter the foregoing Order Granting Motion of Kite Eagle Creek, LLC, and
KRG Eagle Creek IV, LLC, to Intervene, and Stipulated Amended Order of Taking and Final
Judgment as to Parcels 107FEE, 107TCE1, 107TCE2, 110SWEI, 110SWE2, 110TCE and
I IISWE.
[Signatures on .Following Page]
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Richard D. Yovanovich, Esq.
Coleman, Yovanovich, & Koester, P.A.
4001 Tamiami Trail N., Ste 300
Naples, Florida 34103 -3591
(239) 435 -3535
FBN: 782599
Counsel for KRG EAGLE CREEK III, LLC,
KITE EAGLE CREEK, LLC, and KRG
EAGLE CREEK IV, LLC
et^ ,--1
Dated this `6 day of AQarsh, 2013.
Jeffrey L. Hinds, Esq.
SMOLKER BARTLETT SCHLOSSER
LOEB & HINDS, P.A.
500 East Kennedy Blvd., Suite 200
Tampa, Florida 33602
(813) 223 -3888
FBN: 0008710
Special Counsel to the Petitioner
Dated this
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day of March, 2013.
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Schedule V
(Sidewalk Easement)
The following summarizes the interests and rights Collier County (hereinafter "the
County ") shall acquire from the property owners /interest holders (hereinafter
"Owner(s) ") of certain real property and described in the legal description and sketch
( "Schedule VI ") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule VI.
2. Schedule A describes and depicts a Sidewalk Easement ( "SWE ") area. The
rights acquired to such SWE area shall be as follows:
The County shall have a perpetual, non- exclusive sidewalk easement for
the purpose of maintaining an existing sidewalk and related improvements
located over, upon and across the lands described in Schedule Vi,
together with the right to enter upon said land and to maintain, repair,
replace and/or remove the existing sidewalk and related improvements
thereon, as the County may deem necessary in its sole and absolute
discretion.
3. Owner(s), their heirs, successors and assigns may continue to use the SWE area
for any lawful purposes that do not directly interfere with the County's acquired rights or
the public's use of the existing sidewalk and related improvements thereon; provided,
however, that Owner(s), their heirs, successors and assigns shall not construct nor
permit to be constructed any building, structure, excavation or other improvement or
obstruction, on, over, under, above, across, within or through the SWE area or which
may interfere with the County's maintenance, repair, replacement and /or removal of the
existing sidewalk and related improvements thereon or which may interfere with the
County's construction of the improvements as depicted in the Contract Plans for
Intersection Capacity Improvements for Collier County Project No. 60116 or which
would otherwise directly interfere with the exercise by the County of its acquired
easement rights, including ingress to and egress from the SWE area.
Schedule V - Page 1 of 1
Packet Page -1413-
5/14/2013 16.A.27.
EXHIBIT A (1 QE 2)
PARCEL 11 QSWEI
(18VNSOd 8-15 -2012)
a 20 Na VS
'4
NUM, saes '9f'
pr '
PCB
74.79'
tiOSWE1
KRG 6A<;LE t N• Lid 588 SF
OR 4122.PG� 3
Flxm NO: 00726390006 Ns4'33':9`M I
74.79'
UNPLATTED
S35'42'50'*
eaD' I
LOT t
CAPRI COMMVK tqL
ME FAME CREEK. LLC CENTER ND. 2
OR 3344, PC 260 P8 49, PG S
FOLIO NM W726723DOI
UMPV= LOwrs HOME CENTERS, INC
OR 4467. PG 1996
FOLIO, NO. 25568002599
LE'MD
R1f - :pelf -QF-WY
OR - OFFICIAL RVXM BOOK
PS Putt Ia01f
PC PANE
Q- - HM r POUR of 9LGIOJING
`Jf Am WE N06D
AM . ALSO IaN M AS
LEGAL. DESCRIPTION — SIDEWALK EASEMENT
A PARCEL OF LANG LYING IN SECTION s. TONWMP 31 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLMOA 13MG
YORE PARTt MARL -Y DESCRIBM AS FOLD OM '
BEMIRING At INE NORTHEAST CORNER OF 704E PARCEL DESCRIBED N OFMi RECORDS BOOK 4122. PAS ?.x'122 OF
FFIGYIL RECORDS 8001( COWER 0 OF THE P BM RECORDS OF COWER CDUNTI'. FLORMA, ALSO BEING A N
POW ON THE SOUTHERLY Rolf- OF-WXY LSIE OF U.S. 41:
n4V= S54'4719.E FOR 74.79 FEET ALONG THE SOUTHERLY Wiff -OF --WAY LINE. OF US, 41;
7He= LEAVING. .SAID SOUTHERLY RIRKi- OF-VAY M. S3542'50'* FOR &Qa FM7 ALONG THE WEPMY 8"O&RY
OF LOT 1. OWN COYNFJtCMi G ltol -D 2, AS RECORDED IN PLAT GOOK 49. PACE 6 OF THE Kg= RECORDS OF
COLLIER COWM. FLORIDA; _
OF ID PARCEL DESCRIBED N OFMAL REC RDS�BOOK 122,?PACE 26227TD A POINT ON THE EtSTERIY BOUNDARY
RECORDS WOK 4122, PAGE 282x. TDA CIE POINT OF BF�ti1NNN& OF '� RAM HERQN DEMMIt . O��
CONFNNING 596 SQUARE FEET MORE OR LESS. SUW= lO EASE31OM AND RESTRICTIONS OF RECORD,
M**sjEL A. WOM PROFE MON4L LAND SURVEYOR LSO 5301 CNED
NOT VALV- W TROUT THE ORIOUTAL SUINATIUITE & MM EMBOSSED SEAL OF A FLDI9110k Ri7CI5TERED PROFE5 &ML
SURVEyOR AND VAPPER. THIS 15 NOT A SURVLY.
.. rna At jw Ott ♦ am, rev, mwnwmw
Pa80AM VAIAL /C.1i.961 18.8.9F+L
87X= AND MAIL DUSCRVTM tsawrs
rtnew.�aaw....p.
EIS FM C== Do= 001911MOR!/mm a L Awff C80000=1 ra.Ka1NI �ans»4rw
JbB N!lMBER REVI941N SECiA7N TONN'..Hxi' .RANGE SCALE SATE -- 6Y SiiFF7
0000ist. 3 513 26E 1' 40' t K OF
Packet Page -1414-
tom.
04scf
i
WACHOVIA BANK
OR 2083. PC 17S1
FOLIO NO, 73550000024
THE SHOPS AT
EAGLE CREEK,
UNIT ONE
PB 25 PG 44
EXHIBIT A (2 OF 2)
PARCEL 11OSWE2
(revised 8 -13 -2012)
KITE EAGLE CREEK. LLC
OR 3344. PG 260
-MJO NO. 00 726723001
UNPLATTED
LEGAL DESCRIPTION —SIDEWALK EASEMENT
5/14/2013 16.A.27.
LM-10
AW w law —OF- wr
OR opftuk F9 .. T NC
DOORECaIPlk$ BOOK
808 ' PONT Of mmIN1 N;
114. � NRINBER
A ��
KA
KMUl7N AS
US
110SWE2
2,782 SF
Tnsn� ply
r-Po8
KRC EAGLE CREEK IV, LLC
OR 4122, PC 2922
N'DLIO N0, 00726360008
UNPLATTEO
A PARCEL IC LAND LYlSC W SECTION 3, TOWNSHIP 51 SOUTH, RANGC 26 EAST. COLLIER COUNTY, FLORIDA BONC
MORE PARTICULARLY DESCRBED AS FOLLDKS:
RMNNGIC AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICSAL RECORDS Bc>ac 4122, PACE 2622 OF
POINT O RECRDRpSRBpOK�3314 PAGE 260 OFLTHE PUB[ICD RECORDS pF�Cfl�CORN� THE PARCEL DE5mwo IN
POINT ON THE SOUTHERLY RIGHT —OF —WAY UNE DF U IB 1 t; � ALSO SONG A
RECORD S35'39'217 FOR fS211 FEET {LONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
REGARDS 600K �1Z2. PAGE 2822
THF].iC£ LEAVING SAID WESTERLY BOUNDARY N54'23'19'W FOR 185.49 FEET, TO A POINT ON THE WESTERLY BOUNOWRY
OF SAID PARCEL DESCRIBED N OFFC14L RECORDS BOOK 3�4 PAGE 250
THENCE N3537'36 "E FOR 15.00 FEET ALONG SNO WESTERLY BOUNDARY, TO A POINT ON THE SOUTHERLY
RIGHT— OF_KAY LINE OF U.S. 41:
THENCE S54'23'18'E FOR 1E5.50 FEET ALONG SAfD SOUTHERLY RIGI1,_OF-_WAY UNE OF U.S 41, 70 THE pOMF OF
� Of- THE PARCEL HEREIN DESCRIBED.
CONTAINING 2,782 SOWE FEEY A40RE OR I=. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
w LW4RD }R t 3FESSIONk LAND SURVEYOR LSj 5301
DATE SIGNED /t
NOT VALID - WITHOUT THE ORta"AL SIGNATURE & RAISED EiA8OSSED SEAL OF A FLOR�4 R%LSTERED PROF SWNAL
SURVEYOR AND MAPPER. THE IS NOT A SURVEY.
SELSiCH AND r.r.' DE3CBIPTtOai ;
s
P?" F01` CO 2M COMY Bfl =0ERIT/ftAV OF COURTY MXW=M= _ •+erw�Aw p,,. rrsn
NYi/11,AW aN+or
iii_
— Packet Page -1415-
5/14/2013 16.A.27.
Schedule Vil
(Temporary Construction Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBUGATIONS
INCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF
ROADWAY DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION_ INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 601161
The following summarizes the interests and rights Collier County (hereinafter "the
Countyu) shall acquire from 'the property owners /interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
( "Schedule Vlll") and the obligations the County has agreed to comply with in
connection with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule VIII.
2. Schedule VIII describes and depicts a Temporary Construction Easement
( "TCE ") area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule VIII as a temporary construction easement
area for the purpose of (1) constructing roadway, bikepath and sidewalk
improvements, drainage structures (including but not limited to ditches,
swales, earthen berms, rip -rap and retaining wall systems, underground
pipes, various types of water control structures), and any and all manner
of public and private utility facilities within the public right -of -way; (2)
constructing or modifying driveways, walls, and other structures affected
by the roadway construction but which are not within the public right -of-
way; (3) storage and marshalling. of equipment and materials during the
roadway construction project, and (4) demolishing or clearing any
structures, improvements or other features required to be removed in
order to construct the improvements contemplated by the Contract Plans
for Intersection Capacity Improvements for Collier County Project No.
60116, with full authority to enter upon, grade, regrade, excavate or
otherwise construct such improvements as are necessary for the
construction of the Project, any improvements depicted in Schedule il, and
for restoring the temporary construction easement area.
Schedule VII - Page 1 of 2
Packet Page -1416-
5/14/2013 16.A.27.
b. All the TCE rights and privileges granted herein shall commence on the
day the easement rights are vested in the County through agreement,
court order, or operation of law and end three (3) years after that date.
c, Throughout the duration, the County has the right and authority to remove
and dispose of dirt, rocks and vegetation within the temporary construction
easement area. To the extent damage or loss results from use of the TCE
by the County, its agents or contractors, County shall compensate
Owner(s) for any damage or loss remaining at the end of the of term of
this TCE.
3. Owner(s), their heirs, successors and assigns may continue to use the TCE area
for any lawful purposes that do not directly interfere with the County's acquired rights;
Provided, however, that Owner(s), their heirs, successors and assigns shall not
construct nor permit to be constructed any building, structure, excavation or other
improvement or obstruction, on, over, under, above, across, within or through the TCE
area (for as long as it shall exist) which may interfere with the County's construction of
the improvements as depicted in the Contract Plans for Intersection Capacity
Improvements for Collier County Project No. 60116 or which would otherwise directly
interfere with the exercise by the County of its acquired easement rights, including
ingress to and egress from the TCE area (for as long as it shall exist).
Schedule VII - Page 2 of 2
Packet Page -1417-
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t7amrlc RM
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4p'v
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N3539'ZS`E S54'23't9'E
500' x53.31`
267FSF
s54-zs'19'E
SKMR AND LEGAL DESCRIPTION
a.
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4Q
LEGAL DESCRIPTION PARCEL 11OTCE
c�g�6T
qti Jd9
�S�R?
5/14/2013 16.A.27.
LEGEND
RW - RCM -OF -WAY
CR -.. OFn K4i RECORDS BOOK
YB PLAT 80OK
PGB POR11 OF ElEOIwm
POC POW OF COMMERCEWDn
NO. NUYBER
SR =TERM
AKA -ALSO *0" AS
A PARCEL OF LAND LYING IN SECTION 3. TOWNSIP Si SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCNO AT THE NORTHEAST CORNER OF THE PARCEL OESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822
OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, ALSO BEING A DWWN CORNER WITH THE PARCEL DESCRIBED
IN OFFICIAL RECORDS BOOK 3344, PAGE 280 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO OEM A
POINT ON THE SCUTHERLY RIGHT --OF —WAY LINE OF U.S. 41;
THENCE S35'36'26'W FOR 8.00 FELT. ALONG THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS DOCK
4122, PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY. TO THE POINT OF BMW MG OF.-THE PARCEL
DESCRIBED HEREIN•
THENCE LEAYNG THE EAST LINE OF &AID PARCEL DESCRIBED IN OFFLCfAL RECORDS BOOK 41T2, PAGE 2822.
S54' 23'19"E FOR 53.31 FEET;
THENCE S3S'36'28'W FOR 5.00 FEET;
THENCE N54'23`19'W FOR 53.31 FEET TO SAID EAST LRJE;
THENCE N35!39'28'E FOR 5.00 FEET ALONG THE FAST LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
4T22, PACE 2822. TO THE POINT OF BEGINNING OF THE PARCEL WEREN DESCRIBER.
CONrAINM 267 SQUARE FEET MORE OR LESS. SUBJECT TO EASE3AENTS AND RESTRICTIONS OF RECORD.
TEMPORARY TEOM - ROW
CONSTRUCTION EASEMENT JUN 15 2012
MATM 3 , YEARS.
bbAQ a WARD PROFESSIONAL LAND SURVEYOR LSf 5301 DAIt SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. T141S IS NOT A SURVEY.
rRwr(r. B, &4I/C.R351/!3.L951
SKMR AND LEGAL DESCRIPTION
+ewe
PARCEL IIDTCE: TEMPORAXY CONMUMON ELM Off
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LBNn; Mi
JOB NUMBER REVGION
I SECMN
I TOWNSHIP
RANGE
SCALE
DATE
DRAM'N BY
FILE NAME SHEET
09D081,D0.OD 2
3
51S
261
1"_ =_40',
b 12
RA,K.
SKD_110TCE 1 OF 1
Si Packet Page -1418-
5/14/2013 16.A.27.
Schedule IX
(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
( "Schedule X ") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule X.
2. Schedule X describes and depicts a Sidewalk Easement ( "SWE ") area, The
rights acquired to such SWE area shall be as follows:
The County shall have a perpetual, non - exclusive sidewalk easement for
the purpose of maintaining an existing sidewalk and related improvements
located over, upon and across the lands described in Schedule X,
together with the right to enter upon said land and to maintain, repair,
replace and /or remove the existing sidewalk and related improvements
thereon, as the County may deem necessary in its sole and absolute
discretion.
3. Owner(s), their heirs, successors and assigns may continue to use the SWE area
for any lawful purposes that do not directly interfere with the County's acquired rights or
the public's use of the existing sidewalk and related improvements thereon; provided,
however, that Owner(s), their heirs, successors and assigns shall not construct nor
permit to be constructed any building, structure, excavation or other improvement or
obstruction, on, over, under, above, across, within or through the SWE area or which
may interfere with the County's maintenance, repair, replacement and /or removal of the
existing sidewalk and related improvements thereon or which may interfere with the
County's construction of the improvements as depicted in the Contract Plans for
Intersection Capacity Improvements for Collier County Project No. 60116 or which
would otherwise directly interfere with the exercise by the County of its acquired
easement rights, including ingress to and egress from the SWE area.
Schedule IX - Page 1 of 1
Packet Page -1419-
5/14/2013 16.A.27.
N
KRC EAGLE CREEK IV, LLC POB
OR 4122, PG 2822 S3539'28*M
FOLIO NO. 00726360008 a.00
UNPLAT I'm
G
y ,
Q ;(P
w
0
4�
LEGAL DESCRIPTION! —SIDEWALK EASEMENT
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOL.LAWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED W
OFFICIAL RECORDS BOOK 3344, PAGE 260 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA, ALSO WNG A
pOINT ON The SOUTHERLY RIGHT—OF—WAY UNE OF U.S. 41;
TH 4M S353918 -W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4122, PAGE 2822:
THENCE LFAVING SAID EASTERLY BOUNDARY N5423'19'W FOR 143.09 FEET;
THENCE 53539'2B'W FOR 7,00 FEET;
THENCE N5C23'19"W FOR 50.OD FEET, TO A POINT ON T14E WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN
OMCIAL RECORDS BOOK 4122. PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID WESTERLY BOUNDARY, H35'39.28 -E FOR 15.00 FEET. TO A POINT ON THE SOUTHERLY
RIGHT —OF —WAY LINE OF U.S. 41:
THENCE 554723'19"E FOR 193.09 FEET ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41, TO THE POWT OF
BI GMUNG OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1.895 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MI L AWARD PROFESSIONAL LAND SURVEYOR LSj 5301 DATE SIGNED
NOT VALID WTH6UT'TF3E ORIGINAL SIGNATURE & RAISED ENBDSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. TH!S IS NOT A SURVEY.
/6 ow mm Al M wpowj w Vb / mvi Mwmo1- f�nw6 M /YSJ MIVs 7- -. �-• • .M -111 M 111
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pWLM fm Cllliw 00= Comma t' /131= OF mum CDiDMDT<M etmecwloenmasAx:Iaq�rem�s
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7,, Hti AHEM RL�+�SIDN SE ;TI111 T Sl cz i -Ar 1`5� 40 8/117/12 I RAK.1 ( i J•UfL_ 1_
-- Packet Page -1420-
EXHIBIT A (1 OF l)
LEGEND
PARCEL 111 SINE
OR - OFTTCK R== 8DDK
(revises! 8-13 -2012)
p P E
! E
PW Pow OF BEOWNC
r
no. MUWSER
SR - STATE ROAD
RM
N!A — ALSO KNOWN AS
6 kk 40
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s- AD E N3536 Pa�E
16.00'
KITE EAGLE CREEK. LLC
GA 3344, PG 250
�•qr
y{l
FOLIO NO, D072672300f
;a 111 SWE
�
Jp _ x1.895 SF
KRC EAGLE CREEK IV, LLC POB
OR 4122, PG 2822 S3539'28*M
FOLIO NO. 00726360008 a.00
UNPLAT I'm
G
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Q ;(P
w
0
4�
LEGAL DESCRIPTION! —SIDEWALK EASEMENT
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOL.LAWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4122, PAGE 2822 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED W
OFFICIAL RECORDS BOOK 3344, PAGE 260 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA, ALSO WNG A
pOINT ON The SOUTHERLY RIGHT—OF—WAY UNE OF U.S. 41;
TH 4M S353918 -W FOR 8.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4122, PAGE 2822:
THENCE LFAVING SAID EASTERLY BOUNDARY N5423'19'W FOR 143.09 FEET;
THENCE 53539'2B'W FOR 7,00 FEET;
THENCE N5C23'19"W FOR 50.OD FEET, TO A POINT ON T14E WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN
OMCIAL RECORDS BOOK 4122. PAGE 2822 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID WESTERLY BOUNDARY, H35'39.28 -E FOR 15.00 FEET. TO A POINT ON THE SOUTHERLY
RIGHT —OF —WAY LINE OF U.S. 41:
THENCE 554723'19"E FOR 193.09 FEET ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41, TO THE POWT OF
BI GMUNG OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1.895 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MI L AWARD PROFESSIONAL LAND SURVEYOR LSj 5301 DATE SIGNED
NOT VALID WTH6UT'TF3E ORIGINAL SIGNATURE & RAISED ENBDSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. TH!S IS NOT A SURVEY.
/6 ow mm Al M wpowj w Vb / mvi Mwmo1- f�nw6 M /YSJ MIVs 7- -. �-• • .M -111 M 111
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PMECT: 1J.SAl /C.TsS.9b2 /s.x.951 arr:rc
8t3s= AM LW.AL D) ON
Lao fMll/ r/lt Oe//.1111{ too
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pWLM fm Cllliw 00= Comma t' /131= OF mum CDiDMDT<M etmecwloenmasAx:Iaq�rem�s
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7,, Hti AHEM RL�+�SIDN SE ;TI111 T Sl cz i -Ar 1`5� 40 8/117/12 I RAK.1 ( i J•UfL_ 1_
-- Packet Page -1420-
5/14/2013 16.A.27.
Packet Page -1421-