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Agenda 10/23/2012 Item #11D 10/23/2012 Item 11 .D. EXECUTIVE SUMMARY Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. OBJECTIVE: To acquire the right-of-way needed for at-grade intersection improvements at the intersection of US 41 and Collier Boulevard. CONSIDERATIONS: The intersection of US 41 and Collier Boulevard has been identified in the County's Long Range Transportation Plan ((LRTP) as a candidate for grade separation since 1995. More recently, in 2007 the Collier County Metropolitan Planning Organization in their 2030 LRTP identified this intersection as a key intersection with excessive Level of Service volumes. In 2008, the Florida Department of Transportation (FDOT) undertook a Project Development and Environment (PD&E) Study that evaluated the need for capacity improvements at the intersection of US 41 and SR/CR 951 (Collier Boulevard) and the widening of US-41 southeast to CR 92 (San Marco Drive). This study was completed and approved by FDOT on July 16, 2008, and later approved by the Federal Highway Administration(FHWA). Shortly thereafter (September 2008), the Collier County Transportation Division commissioned a comprehensive intersection improvement study to analyze the effectiveness of the PD&E's recommended improvements at the intersection. This study, completed in November 2008, found that the intersection capacity improvements recommended by the PD&E would not have provided an acceptable level of service for very many years, nor did the PD&E's recommended improvements address the existing skewed alignment at the intersection. The traffic analysis showed that both the existing intersection configuration and the improvements recommended by the PD&E would not meet future traffic needs and that traffic congestion would increase, causing motorist delays. The intersection study concluded that a realignment of the intersection to remove the skew would increase capacity well into the future, significantly improve public safety and would provide a right-of-way footprint that would allow for the construction of a future overpass with a north-south grade separation if funding should ever become available, and should a future Board of Commissioners approve its construction. On November 18, 2008, and again on April 14, 2009, the Board approved Developer Contribution Agreements (DCAs) which provided funding for the at-grade improvements, with both DCAs acknowledging that the at-grade design would create the footprint for the ultimate grade separated improvement. Then, on January 26, 2010, the Board approved a design services contract with Stanley Consultants for these improvements. In order to construct improvements at this intersection that differed from those recommended by the FDOT PD&E study, Collier County in coordination with the FDOT initiated a formal re-evaluation of the original PD&E study as required by FHWA procedures. This formal re-evaluation of the original PD&E study was completed in January 2012. In the months since the re-evaluation was completed and approved, Stanley Consultants have brought the at-grade intersection design forward to the 60% stage. On September 11, 2012, the Board approved the Joint Participation Agreement for Construction, Engineering and Inspection (CEI) services for these improvements, and on September 25, 2012, the Board approved the CEI contract with Atkins North America, Inc. Construction of the improvements will require the acquisition of 42 parcels of right-of-way, totaling 8.09 acres, from 22 separate property owners. In order to construct the proposed capacity improvements, the County must be able to acquire the land and easements depicted in the legal descriptions attached to the proposed resolutions by condemnation if necessary. Construction of this project is scheduled for 2013. Packet Page -160- 10/23/2012 Item 11.D. The Board of County Commissioners has been advised through numerous other communications of the need for these intersection improvements. The Board is herewith being advised of the various factors considered by its professional engineering staff and consultants, which include the environmental impacts, costs, public health, safety and welfare considerations, and the long-range planning needs and impacts. Reference is made to the attached Right-of-Way Acquisition Report prepared by the firm of Stanley Consultants, Inc. By its review, concurrence and approval of this executive summary, the back- up documentation, and the proposed resolutions, the Board will have determined that the legal descriptions, and the land or easements specified on each legal description, which are a part of the attached resolutions, represent the most feasible location, and are necessary for the construction of the proposed improvements. FISCAL IMPACT: The cost of acquiring the land and easements needed to construct the at-grade intersection improvements is estimated to be $13,500,000. This estimate is based on real estate appraisals of the market value of the land and easements required for the project as well as the appraisers' estimates of the real estate severance damages which may accrue to the remainder properties. It is also based upon estimates of claims for recovery of damages to businesses caused by the project that the County is likely to receive, prepared by a business damage consultant under contract to the County. Appraisal Reports (where appraisals were prepared in-house) and Appraisal Review Memoranda and Summary sheets (where appraisals were obtained from outside appraisers) are attached for all parcels, excluding the report for Parcels 116FEE, 116TCE1, 116TCE2, and 116TCE3, which has not as yet been finalized. The complete appraisal reports prepared by our outside appraisers have not been attached as they are quite voluminous, but will be made available if requested. In addition to the appraised values and estimates of damages that land owners and business proprietors may claim, this figure also includes staff's estimate of all expenses for title work, real estate appraisals, and expenses related to condemnation, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. To the extent settlements are achieved in lieu of litigation, this figure may be reduced significantly. Conversely, unique complexities associated with the commercial nature of the bulk of the properties on this project could result in significant unanticipated costs stemming from unfavorable jury awards and litigation expenses. While the County's cost estimating process routinely takes this fact into account, overages in these categories could be as high as 20-30%. Source of funds are Road Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolutions; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolutions and the approval of this Executive Summary. Prepared By: Kevin Hendricks, Right-of-Way Manager—Transportation Engineering. Attachments: a) Individual Condemnation Resolutions (with Schedules) for each parent tract from which land and/or easements are required; b) Right of Way Acquisition Report; c) Appraisal Reports and Appraisal Review Summary sheets; and d) Location Map. Packet Page -161- 10/23/2012 Item 11 .D. COLLIER COUNTY Board of County Commissioners Item Number: 11.D. Item Summary: Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. (Jay Ahmad,Transportation Engineering Director.) Meeting Date: 10/9/2012 Prepared By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineerin 6/5/2012 11:39:37 AM Approved By Name: GossardTravis Title: Superintedent-Roads&Bridges,Transportation Eng Date: 9/13/2012 12:43:29 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 9/18/2012 1:06:35 PM Name: LynchDiane Title: Administrative Assistant Date: 9/19/2012 9:20:14 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 9/19/2012 2:17:43 PM Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering Date: 9/21/2012 3:36:59 PM Name: ShueGene Date: 9/24/2012 9:21:59 AM Packet Page -162- 10/23/2012 Item 11.D. AWL Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 9/24/2012 2:20:34 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/27/2012 8:30:54 AM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 11:09:15 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/1/2012 12:33:35 PM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 1:22:26 PM Name: OchsLeo Aslic Title: County Manager Date: 10/2/2012 4:06:40 PM Packet Page-163- S..r - ."f... :d a d d •� 2 W _ YL "pXx Nc l U 7 ' '° a , . .,. 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'. 4 €.i ? 4 ' Y. r_ `5 a Y - '',<;'!", ..t s-' 7 Y` d` , ^4 ,� 4 �j„y ..,.. ..,.. ..........,.. . .. 1p ...... . . ,. ...:,..--,,;i. � ` - yp te °a-1 'l�W �. � .� � r` � �M5 b� � DEW �"n`F^ :.- s «F,,,.� . � � � , W ', x AF 'T � ''""" . s — ,+ ;fir +v d x "Y ''1 "14 d'*� wall Z�OZ/£Z/0 10/23/2012 Item 11.D. US41 & CR951 Intersection Improvement Collier County Growth Management Division Collier County Project No. 60116 FPID 428147 1 58 01 Coo per County Right of Way Acquisition Report For Collier County, Florida Right of Way Acquisition Department August 2012 Stanley Consultants INC. A Stanley Group Co<mnpany Enge:�+eriny,Enarc'. rrontA and Consrrctrc Servkes-Y1biidwidc rte' Packet Page-165- 10/23/2012 Item 11 .D. Right of Way Acquisition Report TABLE OF CONTENTS 1 1.0 INTRODUCTION 1 1.1 Project Description 1 2.0 ALTERNATIVES CONSIDERED 1 2.1 No Build Alternative 2 2.2 PD&E Study Alternatives 2.3 Reevaluation Design Change Build Alternatives 2 2 3 2.4 Evaluation of Alternatives 3 3.0 SAFETY FACTORS 4.0 LONG RANGE PLANNING FACTORS 4 4 5.0 ENVIRONMENTAL FACTORS 4 5.1 Natural Impacts 4 5.2 Cultural Environment 5.3 Community Impacts and Social Environment 4 4 5.4 Noise and Other Impacts 5 6.0 COSTS FIGURES Figure 2-1 PD&E Study Recommended 6-Lane Suburban Typical Section APPENDICES Appendix A—Location Map Appendix B—At Grade Typical Sections and GSO Typical Sections Appendix C—Alternative Plans—At Grade and GSO Page ii August 2012 Packet Page -166- 10/23/2012 Item 11.D. Right of Way Acquisition Report 1.0 INTRODUCTION 1.1 Project Description: The Project is an At-Grade improvement within the footprint of Grade Separated Overpass (GSO) in which SR/CR 951 is carried over US 41. The design project is listed in the Transportation Improvement Plan as US 41 (SR 90) at SR 951 (Collier Blvd) with Financial Management number 428147-1. The Project includes three northbound and three southbound lanes on SR/CR 951, triple left turn lanes, single right turn lanes, and one through lane on each approach. US 41 will have two left turn lanes, two right turn lanes and three through lanes on each approach. The project length is approximately 1650 feet along SR 90 (US 41), with an additional 3040 feet of roadway transition from six lanes to two lanes. The project length along SR/CR 951 is approximately 3936 feet. The project limits are the following: SR 90/US 41: From Station 2439+50 to Station 2456+00 Six Lane Typical Section. SR 90/US 41: From Station 2456+00 to Station 2486+40 Transition 6 to 2 lanes. SR951/CR 951: From Station 1019+60 to Station 1058+96 Six Lane Typical Section. The Project was included in the PD&E Reevaluation that was processed through Florida Department of Transportation, District 1 and approved by the Federal Highway Administration on January 30, 2012. 2.0 ALTERNATIVES CONSIDERED 2.1 No Build Alternative The existing lane arrangement at the US 41 and SR/CR 951 intersection consists of a six lane divided typical section that includes three (3) through lanes on each intersection approach and combinations of turn lanes. US 41 / SR 90 Lane Arrangement • Eastbound approach: 3 through lanes, 2 left and 2 right turn lanes. (7 lanes total) • Westbound approach: 3 through lanes, 1 left and 1 right turn lane. (5 lanes total) SR/CR 951 Lane Arrangement • Northbound approach: 3 through lanes, 3 left and 1 right turn lanes. (7 lanes total) • Southbound approach: 3 through lanes, 2 left and 1 right turn lanes. (6 lanes total) August 2012 Page 1 Packet Page-167- 10/23/2012 Item 11 .D. Right of Way Acquisition Report 2.2 PD&E Study Alternatives The PD&E Study recommendation was Alternative 1F which depicts an at-grade intersection with three through lanes and three left turns on each intersection approach. Alternative 1F provides 5-foot bicycle lanes on US 41. Alternative 1F required right of way acquisition in the northwest quadrant of the intersection. This alternative did not address the existing skewed alignment of SR/CRt 951 across the intersection. The PD&E Typical Section was a six-lane divided suburban roadway with 12-foot travel lanes, a 30-foot median with 6.5-foot inside shoulders, and 8-foot outside shoulders with 5-foot paved shoulders. Roadside swales with inlets would collect and convey stormwater runoff to retention ponds. A 5-foot sidewalk on the north and a 10-foot multi-use path on the south are also provided. A 55 mph design speed was proposed for this suburban typical section and 45 mph design speed for the urban intersection typical section. This typical section would require a minimum of 200 feet of right-of--way, as shown in Figure 2-1. s ` v �� :,:zn ,,,,,,,,,4:1,:,,,, � / ' i t t �. k` ye:y _ Sa d 30' 36' 8' 16' IT:14,T;tt; _ 26' _.1 Cr.. 16' _8 .... 36' ., .. .. .. x' 200' ►w FIGURE 2-1 PD&E STUDY RECOMMENDED SIX-LANE SUBURBAN TYPICAL SECTION 2.3 Reevaluation Design Change/Build Alternatives In November 2008, Collier County completed a comprehensive intersection improvement study to address the safety and capacity of the intersection improvements that were recommended as the PD&E's "Preferred Alternative." The Collier County Study examined three "build alternatives" and a"no-build" alternative. The"build alternatives" were: (1) a grade separation that carried US 41 over SR/CR 951; (2) a grade separation that carried SR/CR 951 over US 41; and (3) an expanded At-Grade intersection to address the existing skewed alignment. Page 2 August 2012 Packet Page-168- 10/23/2012 Item 11.D. Right of Way Acquisition Report Allow The 2008 study concluded that the best alternative was an expanded at-grade intersection as an interim improvement which would provide for a grade separated overpass that carried SR/CR 951 over US 41 as the ultimate improvement. 2.4 Evaluation of Alternatives The design changes presented in the Reevaluation for the at-grade improvement are consistent with the PD&E Alternative 1F. The PD&E Alternative 1F depicted an at- grade intersection with three through lanes and multiple left and right turn lanes on each intersection approach. PD&E Alternative 1F provided 4 foot bicycle lanes on US 41. PD&E Alternative 1 F required right of way acquisition in the northeast quadrant of the CR 951 intersection. The Project depicts a similar at-grade intersection with improvements for through-lane geometry and turning movement operations. The at-grade improvements address the intersection skew and travel lane offset which existed in PD&E Alternative 1F by introducing a curved alignment instead of the angled deflection of two tangent alignments. This improvement provides improved safety and traffic flow. The at-grade improvements also address right turn operational needs by providing a free flow right turn lane for the CR 951 southbound movement and dual right turn lanes for the US 41 eastbound and westbound movements to improve traffic flow and intersection operations. Bicycle lanes between the right turn lane and through-lane are provided on SR/CR 951 and US 4lwithin the at-grade footprint These improvements require additional right of way in the northwest, northeast and southeast quadrants. This additional right of way does not cause any residential relocations. The Grade Separated Overpass (GSO) Alternative was evaluated extensively in the Collier County 2008 intersection study as Alternatives 2a and 2b. These alternatives are similar to the PD&E Alternative 1B which carried SR/CR 951 over US 41. 3.0 SAFETY FACTORS The Project will eliminate the severe intersection skew for high-speed through traffic on Collier Boulevard. In addition, the capacity improvements to the intersection will increase safety by improving traffic flow through the intersection. The addition of turn lanes and lengthened turn lanes will result in the elimination or reduction of turning vehicles and through vehicles queuing in the through lanes and blocking the through traffic. This will also reduce the need for vehicles to change lanes and maneuver around the queued traffic, resulting in fewer accidents. Signing and marking and turn lane length decisions were based on FDOT and Collier County guidelines to safely move pedestrian and vehicular traffic. The addition of designated bicycle lanes and sidewalks and pathways will increase the overall safety for bicyclists and pedestrians within the project limits. August 2012 Page 3 Packet Page -169- 10/23/2012 Item 11 .D. Right of Way Acquisition Report The Grade Separated Overpass (GSO) improvement would reduce common rear-end collisions as well as other types of collisions such as right angle, left turn, and right turn crashes. The reduction results from removing the heavy north-south traffic movement from the turning traffic volumes and thereby reduces the volume of vehicles from the at-grade portion of the intersection. Since Collier Boulevard is an emergency evacuation route that leads to Interstate 75, the safety improvements of a grade-separated intersection would be very appropriate for that purpose. 4.0 LONG RANGE PLANNING FACTORS The Grade Separated Overpass (GSO) improvement is consistent with the Collier County Metropolitan Planning Organization's 2035 Long Range Transportation Plan and the Transportation Improvement Program for Fiscal Year 2011/2012 through Fiscal Year 2015/2016, adopted May 13, 2011. Based on long range planning, projected population and employment growth, and projected traffic volumes, the Collier County Metropolitan Planning Organization 2035 Long Range Transportation Plan identifies this project as a priority in Collier County and is being developed as a vital component to the regional transportation network. Based on pending traffic needs and economic conditions, the at-grade improvement would maintain an acceptable level of service through 2025.. 5.0 ENVIRONMENTAL FACTORS 5.1 Natural Impacts A Wetlands Evaluation Report Addendum was prepared for the project that identified 0.96 acres of wetland impacts that have 0.59 units of Functional Loss (UMAM) based on the preferred alternative. 5.2 Cultural Environment A Cultural Resource Assessment Survey Addendum (CRAS) was prepared for the project, circulated to FHWA, who approved the CRAS and obtained concurrence from the State Historic Preservation Officer, on May 2, 2011. No additional impacts were identified from the preferred alternative. 5.3 Community Impacts and Social Environment The local community had the opportunity to comment on the alternatives at the workshop held October 7, 2010. Approximately 110 people attended the 2010 workshop and generally supported the implementation of the Project as well as the grade separation. Page 4 August 2012 Packet Page-170- 10/23/2012 Item 11.D. Right of Way Acquisition Report A Public Hearing was held on Tuesday, September 20, 2011 at the Board of County ''" Commissioner Chambers, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, Florida. The public hearing was an independent evening event and not part of a County Commission meeting. The purpose of the hearing was to provide interested persons the opportunity to review and comment on the Major Design Change roadway improvement before a final recommendation was made to the Federal Highway Administration for approval. The workshop was attended by 35 community members, consultants, and several FDOT and Collier County government staff. The hearing was moderated by the Collier County Project Manager and the proceedings were documented by a court reporter. The public hearing transcript and copies of the written comments are included in project record and in the reevaluation. The community mobility is enhanced with the installation of continuous sidewalk and bicycle lanes. No impacts to splitting the neighborhood will result from the preferred alternative. There are no residential right of way relocations or residential right of way acquisition resulting from the preferred alternative. The preferred alternative will require the acquisition of portions of commercial properties. There are 19 commercial properties that are impacted. Five business signs will be relocated, and 10 parking spaces at one corner property will be relocated. The acquisition and relocation program will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The noise study identified noise impacts to the Eagle Creek community and noise abatement measures will be coordinated with the impacted residential community during the design phase. 5.4 Noise and Other Impacts Noise impacts were evaluated for the reevaluation study area. The FHWA Traffic Noise Model (TNM) Version 2.5 computer model and FDOT guidelines were incorporated into the noise analysis for the project area. Future noise levels will increase whether or not the proposed improvements are constructed due to the expected increase in future traffic levels. Results of the model indicate that predicted noise levels will approach, and in some cases exceed, the Activity Category B NAC at noise sensitive receivers at the Eagle Creek community. The predicted noise level varies according to the location of the residence and the proposed alternative. TNM did not predict a substantial increase of August 2012 Page 5 Packet Page-171- 10/23/2012 Item 11 .D. Right of Way Acquisition Report noise levels (15 dBA) above existing conditions would occur at any location as a result of the proposed intersection improvements. The FHWA requires that when the noise levels of a proposed federally aided roadway project approach or exceed NAC, noise abatement measures must be evaluated. Since traffic noise impacts are predicted at only the Eagle Creek community for the proposed alternative, abatement measures were considered at this Activity Category B residential community. From this study it was determined that noise abatement by constructing noise walls at the areas of impacted receivers in the Eagle Creek community may be feasible by achieving the 7 dBA noise reduction goal. It also passes the cost reasonable criteria for both the At- Grade and the Grade Separated Overpass. Other feasibility factors related to building a noise wall as part of the proposed intersection improvements have been evaluated under the guidance of FHWA and FDOT criteria, which include design and construction factors, safety factors, access factors, right-of-way factors, maintenance factors, drainage factors and utility factors. The cost effectiveness of the wall is achieved by providing noise reduction at the most number of impacted receivers. A 14 foot wall for the south area of the Eagle Creek community (south of Eagle Creek Drive) was determined to be the most cost effective abatement option for the study area near the Eagle Creek main entrance on SR 951. 6.0 COSTS The current construction costs estimated (60% Design Phase) are $9.924 M for the Project. Construction costs were estimated using the FDOT Long Range Estimate (LRE) program for the Year 2012. The long range estimated construction cost for the Grade Separated Overpass was calculated based on the initial Project being constructed first. The cost savings are factored into the cost shown for the Grade Separated Overpass. The construction costs estimated are $36.6 M for the Grade Separated Overpass Improvement. August 2012 Page 6 Packet Page -172- 10/23/2012 Item 11 .D. APPENDIX A Ask LOCATION MAP Packet Page -173- ° -ELI a ed a��ed , t .,... - - - ...1-• . -, ,,, LL1 C3- il c s0 Z W r U j v. ,p'�+�F't yy4 't bPs� � .. . 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RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 101TCE")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS,after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-224- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 101TCE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project,as ANC- well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 101TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 101 TCE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes,for Parcel 101TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 101TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page-225- 10/23/2012 Item 11 .D. property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 101TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of One Thousand and 00/100 Dollars($1,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 101TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 101TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73, 74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page-226- . 10/23/2012 Item 11 .D. This Resolution,adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legal sufficiency d Jeffrey L.Hinds Outside Em}' ent Domain Counsel On behalf 1fJeffrey A.Klatzkow Collier Co my Attorney . Afiliiiki -Page 4- Packet Page-227- 1 10/23/2012 Item 11 .D. Schedule I (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such 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 II. 2. Schedule II 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 II as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule I-Page 1 of 2 Packet Page-228- 10/23/2012 Item 11 .D. construct nor permit to be constructed any building, structure, excavation or other Allow 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). II Schedule I-Page 2 of 2 Packet Page-229- 10/23/2012 Item 11 .D. N TRACT 'M-1" SCHEDULE II 31.:1 CRYST AT AL EAGLE LAKE TERRA K CES Page 1 of 1 CREE s PB16, PG 30 0 20 40 EAGLE CREEK CONDOMINIUM NO. 5 GRAPHIC yr, DECLARATION OR 1505 1. _ 40 PG 1828 UNPLATTED IXISTING RW EAGLE CREEK COMMUNITY ASSOCIATION, INC. OR 3975, PG 6 FOLIO NO. 30180160005 POC 0) re a) I 4f 58731'42"E S02'25'18'W 25.00' 8.23' UNPLATTED Ir POB TRACT "R` (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY ASSOCIATION, INC. NOZ'28'18"E 6� OR 3978, PG 6 50.00' - N FOLIO NO. 30185040007 D 101 TC E NWGENRIGHT-OF-WAY 1,250 SF OR - OFFICIAL RECORDS BOOK PB . PUT BOOK PG + PAGE N87'31'42"W POB .. POINT OF BEGINNING 25.00' POC 44 POINT OF COMMENCEMENT NO. 4. NUMBER S.R. .. STATE ROAD MA .4 ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 101TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.R. 951. ALSO BEING THE SOUTHEAST CORNER OF TRACT "M-1". CRYSTAL LAKE TERRACES AT EAGLE CREEK. AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUiLIC RECORDS OF COLLIER COUNTY, FLORIDA; • THENCE ALONG ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951. THE 71%11 G THREE (3) DESCRIBED COURSES: 1) THENCE SO4'56'15"W FOR 87.11 FEET; 2) THENCE 502'28'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE SOT28'18"W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, NBT31'42"W FOR 25.00 FEET; THENCE NO2'28'18"E FOR 50.00 FEET; THENCE S87'31'42"E FOR 25.00 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY cM-Row CONSTRUCTION EASEMENT JUN 15 2812 DURATION 3 YEARS. • 6://s/iL MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS* 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .Ww a 2012 142 w e'\2000\WG081.01100 050?•011151 ho wetlen h ..,,,.nl.ME CR•51 RRR\OOR M.AM 1-e..r\s wen MO 0...M".170E-0.Ilw SASSL fofiCE/. PROJECT: U.S.41/C.R.951/S.R.951 3A/A a +ds SKETCH AND LEGAL DESCRIPTION R CEC., PARCEL I01 TCE: TEMPORARY CONSTRUCTION EASEMENT 6616 W9ww Perk Drive.Soho 200 Moen.Rak1e 94109 PREPARED FOR:COWER COUNTY GOVERNMENT/BOARD DF COUNTY COMMISSIONERS Phone:(239)6674576 PAX:(2969 697.0.576 113 No:6962 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 I 3 51S 26E I 1" = 40' I 6/8/12 R.A.K. I SKD_101TCE I 1 OF 1 Packet Page -230-._ – _– - — -- RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project • No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the O C1 acquisition of additional right-of-way;and M N WHEREAS, the location for the construction of the proposed improvements has been O fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule II.I and Schedule IV(collectively,"Parcel 102FEEI, 102FEE2, IO2TCE") attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment,long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41•and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule Ill and Schedule IV (collectively, "Parcel 102FEE1, 102FEE2, 102TCE")for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic a Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the N costs associated with the design,property rights acquisition, and construction of the Project, as O CN well as public safety and welfare considerations associated with the design and construction of 0 the Project, and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable aligmn.ent and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 102FEEI, 102FEE2, 102TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT .1S FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel IO2FEE1, 102FEE2, 102TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 102FEEI, 102FEE2, 102TCE which parcel is sought to be acquired by the County. -Page 2- • Having previously obtained an appraisal of Parcel 102FEE1, 102FEE2, 102TCE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition,the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 102FEE1, 102FEE2, 102TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of Eighty-Four Thousand Four Hundred Thirty and 00/100 Dollars (584,430.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 102FEE1, 102FEE2, 102TCE to the extent of the estate or O CV interest set forth as a part of such parcel's description and are further authorized and directed to Cr N do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 102FEE1. 102FEE2, 102TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can he effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73,74.and 127,Florida Statutes. Amok -Page 3- AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approv s o form nd legs siiffie' ley: r-- � r Jeffrey L.Hinds I N Outside Eminent Domain Counsel On behalf of Jeffrey A.Klatzkow N Collier CountytAttorney N- CO M -Page 4- Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. 0 E a) N O N C) N O Schedule I -Page 1 of 1 x 1;-7!:; 1, E ..CHE* LE II 74. I Page 1 • 2 S UNPLATTED 0 100 200 COLLIER COUNTY i' mi S89 43'38"E OR 1663, PG 289 GRAPHIC SCALE 15 04, FOLIO NO. 00726720402 1" a 200' / \ POB • a I 102FEE1 -9,752 SF / UNPLATTED / 0--- ,___,KRG 951 & 41, LLC ri ■ OR 4167, PG BOt NNN.NNNNNNNe ., FOLIO NO. 00726721809 r- j In � 'o UNPLATTED o KRG 951 & 41, LLC fY ^' a OR 4167, PG 805 • 1/ ` o N FOLIO NO. 00725841007 z i R UN PLATTED I +/ �� OR 951 167, PG 801 LC NO2'36'47"E Ir FOLIO NO 00726724301 41.53' I Q I L=102.91' Ii R=3106.77' A=1'53'52" N87'23,13"W CB=SOB'31'24"W E 6.08' C=102.90' EXISTING RW LEGEND RW . RICHT-OF-WAY DR - OFFICIAL RECORDS BOOK PB - PLAT BOOK N PC PAGE POB .. POINT OF BEGINNING cs a\ i NO. * NUMBER S.R. .. STATE ROAD AKA .. ALSO KNOWN AS CO LEGAL DESCRIPTION - PARCEL 102FEE1 N A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING T— MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'43'38"E FOR 15.04 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801; THENCE LEAVING SAID NORTHERLY BOUNDARY, SO4'11'07"W FOR 578.17 FEET, TO A POINT OF CURVATURE; THENCE 102.91 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3106.77 FEET, THROUGH A CENTRAL ANGLE OF 01'53'52", AND WHOSE LONG CHORD BEARS S08'31'24"W FOR A DISTANCE OF 102.90 FEET; THENCE N87'23'13"W FOR 6.08 FEET, TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF S.R. 951; THENCE ALONG THE EASTERLY RIGHT—OF—WAY LINE OF SAID S.R. 951 THE FOLLOWING 'TWO (2) DESCRIBED COURSES: 1) THENCE NO2'36'47"E FOR 41.53 FEET; 2) THENCE N04'11'07"E FOR 638.41 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: 1 CONTAINING 9,752 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ; 'TECM-ROW OCT 0 3 20t2 _ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSD 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 00.6.,a 2072 7792'W w'\20GP\D9DD97.00.tp M4,a,CMS,kt.nstb"lnr a"ie And MS,KRWC V Pn.APV,S-w.a\aueM An6 P»nalw*7ez-RW 8w w\xeo taza€ttA.y PROJECT: U.5.41/C.R.951/S.R.951 INc Piansaxig Visualization SKETCH AND LEGAL DESCRIPTION y,am V TA i Surveying*c Itilsppirg PARCEL 102FEE1: RIGHT—OF—WAY Salo Mow Park RWa.6Wta 200 PREPARED FOR COLLIER COUNTY GOVERN)ENT/BOARD OF COUNTY COMMISSIONERS Phasic 12991597.05 6 FAX 1289)697-0578 LB No,:8992 JOB NUMBER REVISION SECTION TOWNSHIP RANGE 1 SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 3 3 51S 26E 1" = 200' 10 3 12 R.A.K. SKD_102FEE1 1 OF 1 N --�_ __� i CHEDULE II Amw >,-1--�r�. E e 2 of 2 S� UNPLATTED D 100 200 I COLLIER COUNTY illi .589'43'38"E FOR/ UrN O. 00726720402 = 200' POE S05'33'04"W/ 3— '76' 58943'38"E of 15.04' I# 50755'00"W\ 1 112.52' 4. 102FEE2 --9,058 SF- I UNPLATTED e"---.____KRG 951 & 41, LLC NNN. 'r, r OR 4167, PG 801 IF FOLIO NO. 00726721809 N04'11'07"E 578.17' / L=45243' R=3961.00' UNPLATTEp p 6-6'32'40" KRG 951 & 41, LLC OR 4167, PG 805 I CH=SO6'25'26"W+ C-452.18' f0_IO NO. 00725841007 '— 5.00 I R \_`` I $ L=12.14' ----- �/ j R=3106.77' 6=0'13'26" • CB=S09'35'02'W 0 tx; I —C=12.14' E EXISTING RW LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK N PB PUT BOOK PG = PAGE O - FOB— POINT OF BEGINNING a Q' NO. = NUMBER N N. I I AKA = ALSO KNOWN AS CO N LEGAL DESCRIPTION - PARCEL 102FEE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 583'43'38"E FOR 15.04 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801; THENCE CONTINUE ALONG SAID NORTHERLY BOUNDARY, 589'43'38"E FOR 26.28 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, S05'33'04"W FOR 3.76 FEET; THENCE S07'55'00"W FOR 112.52 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 452.43 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3961.00 FEET. THROUGH A CENTRAL ANGLE OF 06'32'40", AND WHOSE LONG CHORD BEARS S06'25'26"W FOR A DISTANCE OF' 452.18 FEET. TO THE BEGINNING OF' A NON-TANGENTIAL CURVE; THENCE 12.14 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3106.77 FEET, THROUGH A CENTRAL ANGLE OF 0113'26", AND WHOSE LONG CHORD BEARS 509'35'02"W FOR A DISTANCE OF 12.14 FEET; THENCE NO4'11'07"E FOR 578.17 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 9,055 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW 103/-7.. OCT 032012 MICHAEL . WAR61 PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED • NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR,, AND MAPPER. THIS IS NOT A SURVEY. October'J.2012 11:28 AM W:\200?\D900O1.c0.OD VS41 h CP451 intefasmilon enamors a And C11951!MA\8=Pb,u\P0 1-4ereA...eh MM Dssc,igaaee\TOE—OW lbw 041St(0_102FEEZd0 PROJECT: U.S.41/C.R.951/S.R.951 uum----. SKETCH AND LEGAL DESCRIPTION ^DAISI7',,TyN Oa HIvineseing AWL N.' TA JR. Sasesfis It FARCES. 102FEE2; RIGHT—OF—WAY 8810 Mow Park Drive,204,060.200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)5887.0575 FAY,: 33)587-0578 LB No.:8952 JOB NUMBER REVISION SECTION 1 TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 090081.00.00 3 , 3 51S 26E 1" = 200' 1 10/3/12 R.A.K, SKD_102FEE2 [ 1 OF 1 Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the Q lands described in Schedule IV as a temporary construction easement • area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected O by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the M CV roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in �— order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. 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 Schedule Ill-Page 1 of 2 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). a N- E a) N N M N Schedule III-Page 2 of 2 N I I 4:101,,, I SCHEDULE IV w r".' .".,) E Page 1 of 1 s ' 0 20 40 iwr GRAPHIC SCALE I 1"= 40' UNPLATTED I KRG 951 & 41. LLC OR 4167, PG 801 FOLIO NO. 00726724301 I S87'23'13"E 25.00' 102TSF 1,500 SF NO2'36'47'E X502'36`47"W 60.00' 60.00' o i IC) Ex" I 2r POB V7 ^ N87'23`13"W 25.00' LOT 4 M' ° WAL—MART AT O z ARTESA POINTE PUD PB 49, PG 14 • POC E LEGEND CD EXISTING RW RW - RIGHT—OF—WAY OR .. OFFICIAL RECORDS BOOK a--+ PB = PLAT BOOK PG = PAGE N POB = POINT OF BEGINNING x PDC = POINT OF COMMENCEMENT NO. — NUMBER N y S.R. = STATE ROAD (V AKA - ALSO KNOWN AS CO:GAL DESCRIPTION — PARCEL 102TCE N cp PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING DRE PARTICULARLY DESCRIBED AS FOLLOWS: ...OMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NO2'36'47"E FOR 40.13 FEET ALONG THE EASTERLY RIGHT—OF—WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID EASTERLY RIGHT—OF—WAY LINE NO2'36`47"E FOR 60.00 FEET; THENCE LEAVING SAID RIGHT—OF—WAY UNE 587'23'13"E FOR 25.00 FEET; THENCE 502'36'47"W FOR 60.00 FEET; THENCE N87'23'13"W FOR 25.00 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,500 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM-ROW CONSTRUCTION EASEMENT JUN 1 5 202 DURATION 3 YEARS. 6/f MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June 6,2012 8:17 Alt 1Y12063\D9008t.00.00 1$S41 S 79051 NMeecfi,.$m oroa,enta oSO CR601 RRP1900 Mans\P6 I—S,mey\Stetch M6 OsetnotO50\TL—RR'Rev 021S0_102TGE.tleq PROJECT: L.S.41/C.R.951/S.R.951 DWA7rz. SKETCH AND LEGAL DESCRIPTION , .CONSULTING �.ST i f5 A Sumsy PARCEL IO2TCE: TEMPORARY CONSTRUCTION EASEMENT 8610 W,Sow Pat6D6v0,S79te 200 tvaplac.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/HOARD OF COUNTY COMMISSIONERS P1,060(239)597-0575 FAX:(2391567-0576 LB ND.:6952 J08 NUMBER. gil SEC-12N TOWNSHIP RANGE SCALE DATE -DRAWN BY FILE NAME 090081.00.00 3 51S 26E 1 = 40' 6 1 12 R.A.K. SKD_102TCE 10/23/2012 Item 11.D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING TIIE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and fraletik WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "103FEE, 103TCE") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and Ask WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment, long range Packet Page-241- '� 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "103FEE, 103TCE")for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan,as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of 103FEE,103TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire 103FEE, 103TCE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for 103FEE, 103TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of 103FEE, 103TCE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page-242- . 10/23/2012 Item 11 .D. property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of 103FEE, 103TCE, Altotst and to provide the fee owner(s) a written offer binding on the County in the amount of Ten Thousand Four Hundred and 00/100 Dollars ($10,400.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring 103FEE, 103TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of 103FEE, 103TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. _Pam.Z_ Packet Page-243- I 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. i This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE.CHAIRMAN Approved as to form and legal•I ienc t: Jeffrey L.Hinds Outside Emine Domain Counsel On behalf of J. ffrey A.Klatzkow Collier County Attorney // i -Page 4- Packet Page -244- 10/23/2012 Item 11 .D. Schedule (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 ownersfinterest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page -245- 10/23/2012 Item 11 .D. w � ll E SCHEDUL II Page 1 0 1 S 0 UNPLATTED 40 80 1•■■••o KRG EAGLE CREEK III, LLC MAME SCALE OR 3605, PG 1131 C) B� EO' FOLIO N0. 00726720800 NNNNN:NNNN:NN b L-37.07' LOT 1 R-100.00' CAPRI COMMERCIAL A-21'14'31" CENTER NO. 2 4 PB 49, PG 5 CB-S64'46'16"E OWE'S HOME CENTERS, INC C-36.86' OR 4467, PG 1996 NO3'46'45"E FOLIO NO. 25368002589 15.47' POB 103FEE �� 917 SF 504'56'15"W N41'13'15"W Q 35.59' 47.50' LPffffGSV. LLC A R 724107 DOSTINO RW LEGEND RV/ — RIGHT—OF—WAY OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING FEE SIMPLE S.R. - STATE�ROAD ' ST AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 103FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SO4'56'15"W FOR 35.59 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE LEAVING SAID RIGHT-OF-WAY LINE, N41'13'15'W FOR 47.50 FEET; THENCE NO3'46'45"E FOR 15.47 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31", AND WHOSE LONG CHORD BEARS S64'46'1 6"E FOR A DISTANCE OF 36.86 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 917 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. '(ECM-ROW JUN 15 2012 /�2 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. J""a 20,7 Ia:12 MI 4:\LaOP', t.W+W 14S T*(17991 erleneenen M . ,.,4.N 4 01951 RAM=Mow\Pig r-SnnvrW"IM MQ P,mrtolW"\R'E-1179 R. @\9R1_t64FCAP PROJECT: U.S.41/C.R.951/S.R.951 DII � SKETCH AND LEGAL DESCRIPTION arreylog&161,411 PARCEL 103FEE: RIGHT-OF-WAY 8410 Widow Pak I)*R,Suds 200 &Was,Elands X109 PREPARED FOR: COLDER COUNTY GOPERNME'NT/BOARD OF COUNTY COMMISSIONERS Phone:12391597-0575 FAX:(239)597-57B _ LB No 7952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE ( SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 ( 3 51S 26E 1 1" - 80' 3/13/12 I R.A.K. I SKD_103FEE 1 OF Packet Page -246- 10/23/2012 Item 11 .D. Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page -247- 10/23/2012 Item 11 .D. 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). • III Schedule III-Page 2 of 2 Packet Page -248- 10/23/2012 Item 11 .D. N e !=�t��j, E SCHEDULE IV `'.'__ Page 1 of 1 s 0 20 40 UNPLATTED KRG EAGLE CREEK III, LLC GRAPRIC SCALE OR 3605, PG 1131 1" 40' \ FOLIO NO. 00726720800 a a LOT 1 CAPRI COMMERCIAL L=3.56' L=1.53' CENTER NO. 2 R=62. R=100.00' PB 49, PG 5 00' G=0'52'44" g^ LOWE'S HOME CENTERS. INC =3'1739" CB=575'49'53"E S OR 4467, PG 1996 CB=574'37'25'E C=1.53' & FOLIO NO. 25366002589 C=3.56' I a) g d POB 1=37.07' a b NO3'46'45"E R=100.00' Uj TEMPORARY 16.06' A=21'14'31- 03TCE N CB=N64'461 6"W CONSTRUCTION EASEMEN17a sF C=36.86' DURATION 3 YEARS. N86'13'15"W 5.00 503'46'45"W OC 15.07' UNPLATTED H-FAISTING RW RED NAPLES HOLDINGS V, LLC OR 4712, PG 2198 LEGEND FOLIO NO. 00726724107 RW .., RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PB .. PUT BOOK PG - PACE FOB - POINT OF BEGINNING PDC m POINT OF COMMENCEMENT NO. - NUMBER LEGAL DESCRIPTION — PARCEL 103TCE S.R.AKA =.. ALSOE A RO50 KNOWW KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: it COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2196 OF l' THE PUBUC RECORDS I RIGHT-OF-WAY LINE OF S.R. 951, AS SHOWN ON THE PLATBOF CAPRI MMERCIALECENTER NO.12.ARECORDED IN WESTERLY BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712. PAGE 2198 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA 37.07 FEET ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31", AND WHOSE LONG CHORD BEARS N64'46'16'W FOR A DISTANCE OF 36.86 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45"W FOR 15.07 FEET; THENCE N86'13'15"W FOR 5.00 FEET; THENCE NO3'46'45"E FOR 16.06 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE. ALSO BEING A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198; THENCE ALONG SAID NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712, PAGE 2198 THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 3.56 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 3'17'39", AND WHOSE LONG CHORD BEARS S74•37'25"E FOR A DISTANCE OF 3.56 FEET. TO THE BEGINNING OF A NON-TANGENTIAL CURVE; 2) THENCE 1.53 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 00'52'44", AND WHOSE LONG CHORD BEARS S75'49'53"E FOR A DISTANCE OF 1.53 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 78 SQUARE FEET MORE OR LESS. SUBJECT TA EASEE(TS AND RESTRICTIONS OF RECORD. JUN152012 G///�/� MICHA I A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 D E SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ane a rot are AN Il\rootWrro.l.o0.0o r6.t r OM/a t.lma...0.13.1.11011/10 Me Dent...\K.A.w\M._e.■•Y\rp,M r.e 124.44,60.0,1'0E-39 r,•of\e.r-rWm.." PROJECT: U.S.41/C.R.951/S.R.951 H°� T�T SKETCH AND LEGAL DESCRIPTION psc'�'�A PARCEL 103TCE: TEMPORARY CONSTRUCTION EASEMENT eelowur.P.mDe.e a Servergasppkg .Suite 200 PREPARED FO& COMER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS 'x�oe Pl.mc125e1+`e7 +�0n5 FAX:(239)5974578 Wks.:6932 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ( 2 3 I 51S I 26E 1" = 40' 6/1/12 I DR R.A.K. I SKD_103TCE I 1 OF 1 -__—._Packet Page-249 ___.._.__.. - _ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- ' A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule H, Schedule III and Schedule IV (collectively, "Parcel 104FEE, 104TCE") attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -250- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. Aighok NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 104FEE, 104TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 104FEE, 104TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 104FEE, 104TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 104FEE, 104TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 104FEE, 104TCE, which appraisal also includes a Packet Page -251- 10/23/2012 Item 11 .D. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition,the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 104FEE, 104TCE, and to provide the fee owner(s)a written offer binding on the County in the amount of Fifty-Nine Thousand Two Hundred Fifty and 00/100 Dollars($59,250.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 104FEE, 104TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 104FEE, 104TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms,conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74, and 127,Florida Statutes. -Page 3- Packet Page-252- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to he acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY.FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legal s 'ency: C3 7r/7. 'L.Hind. Outside Eminiiit Domain Counsel On behalf of Jeffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page -253- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of I Packet Page-254- 10/23/2012 Item 11 .D. N F lib- J R SCHEDULE II k Page 1 of 1 s 0 40 80 3 r- Ic GRAPHIC SCALE 1"r 80' Ch 8 UNPLATTED r UNITED TELEPHONE COMPANY m OR 1233,FLORIDA PG Vi i FOLIO NO. 00726680005 i • S8915'56"E / 45.41' 503'46'45"W 2.74' P08 % N89'50`40-W 1.444' NO4'Il'07"E UNPLATTED 116.01' 50533'04Ni COLLIER COUNTY _ 104FEE ' 113.11' OR 1663. PG 289 4,938 SF FOLIO NO. 00726720402 AI R Q' N89•43'381W ----/ 41.31' EX871140 RW UNPLATTED KRG 951 & 41. LLC OR 4167, PG 801 FOLIO NO. 00726721809 LEGEND RW — RIGHT—OF—WAY OR - OFFICIAL RECORDS BOOK I i as PB - PLAT BOOK PG � PAGE POB = POINT OF BEGINNING SIMPLE INTEREST S S.R. .. STATE ROAD LEGAL DESCRIPTION — PARCEL 104FEE 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 NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663. PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S89'15'56"E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663. PAGE 289: THENCE LEAVING SAID NORTHERLY BOUNDARY 503'46'45'W FOR 2.74 FEET: THENCE N89•50'40"W FOR 1.44 FEET; THENCE S05'33'04"W FOR 113.11 FEET: THENCE N89'43'3B"W FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663 PAGE 289; THENCE N04"11'07"E FOR 116.01 FEET ALONG THE EASTERLY RIGHT—OF—WAY LINE OF S.R. 951. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4.938 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 1 5 2012 /s/2 MICHA WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. An.I.2012 IOU m ImmoI\onoe+Aaoo WWI a 011171 MMr..cibn Wp0010.nb w 05 I MON.PM„.\PM,-Srrr 5.4 Mw!04414o1\1Li-MW 114 03\8r0-1MRE44 INC. PROJECT: U.S.41/C.R.951/S.R.951 I1AX !.o. SKETCH AND LEGAL DESCRIPTION VA i soNwins tedaas PARCEL I 04FEE: RIGHT—OF—WAY eels Mow P4,14 DN..,Suln zoo PREPARED FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS Ph N5p 597.0575 `X`(23 / 175)se�.os�s FAx:12095 007-037e LB No.:955E JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. SKD_104FEE I 1 of 1 -_.._...._.__._....._ _.._._.. _-. Packet Page -255-___---._.__... 10/23/2012 Item 11 .D. Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV")and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 1 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 Schedule III-Page 1 of 2 Packet Page -256- 10/23/2012 Item 11 .D. construct nor permit to be constructed any building, structure, excavation or other Ask 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). Amok III Schedule Ill-Page 2 of 2 Packet Page-257- 10/23/2012 Item 11 .D. • N r,��!;L SCHEDULE IV A "v; 71.n, E UNPLATTED Page 1 of 1 UNITED TELEPHONE COMPANY s OF FLORIDA O OR 1233. PG 1742 w FOLIO NO. D0726680005 GRAPHIC SCALE I* 40' � R UNPLATTED COWER COUNTY OR 1663, PG 269 ^ ¢ S84'26'56'E FOLIO NO. 00726720402 IE 5.00' 1 D4TCE c3 NO5'33'04'E 100 SF 20.00' 505'33'04"W In g POB 20.00' N84'26'56"W POC S89'43'38"E 5.00' 41.31' N05'33'04"E 17.20' COSTP G RW UN PLATTED LEGEND KRG 951 do 41, LLC RW - RIGHT—OF—WAY OR 4167, PG 501 OR - OFFICIAL RECORDS BOOK FOLIO NO. 00726721509 P6 44 PAGE BOOK POB a POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. NUMBER S.R. - STATE ROAD AKA= ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 104TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663. PAGE 289 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE S89'43'38'E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1663, PAGE 289; THENCE LEAVING SAID SOUTHERLY BOUNDARY, N05•33'04"E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N05'33'04"E FOR 20.00 FEET; THENCE S84'26'56'E FOR 5.00 FEET; THENCE SO5'33'04'W FOR 20.00 FEET; THENCE N84'26'5611, FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM-ROW CONSTRUCTION EASEMENT JUN 15 2012 DURATION 3 YEARS. G�� L MICHAEL A. wA PROFESSIONAL LAND SURVEYOR LS# 5301 BATE IGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .an I.ma l,!AN W.\YmJ\OIOm,AO.00 IRR,f CRYS,YiM,",aaa, And CRJ31 RRR\JOT Ms"\P,,.-Sb."A\SpM,AAA 4s401,AA CF-RY JAR OASKQ.IVNCCAR, PROJECT: U.S.41/C.R.951/S.R.951 D X j SKETCH AND LEGAL DESCRIPTION JVCs'Y > s PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park DIIw,SWb 2O0 PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS NS*7.&75 F.FAX:(2 /++ Phone:Mb61697�OS75 FAX:S26B)697-0576 LB No.:6862 JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE SCALE DATE (DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S I 26E 1' = 40' 1 3/13/12 ( R.A.K. ( SKD_104TCE I 1 OF i Packet Page-258- 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN oleit PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and Asko WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II,Schedule III and Schedule IV(collectively,"Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1,105TCE2,105TCE3, 105TCE4")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-259- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 105FEEI, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board fmds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 105FEEI, 105FEE2, 105FEE3,105TCE1,105TCE2,105TCE3,105TCE4. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1,105TCE2,105TCE3, 105TCE4 by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Packet Page -260- 10/23/2012 Item 11 .D. Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition,the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Fourteen Thousand, Five Hundred Eighty and 00/100 Dollars ($114,580.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the *' Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition,the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms,conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all Packet Page-261- 10/23/2012 Item 11 .D. constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to, the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to he acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY.FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form a 77C v: 4,* ,« 'Jeffrey L.Hinds 1 ( Outside Eminent omain Counsel J On behalf of frey A.Klatzkow Collier County Attorney -Page 4- Packet Page-262- 10/23/2012 Item 11 .D. Schedule (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 • II. { Schedule I-Page 1 of 1 Packet Page-263- 10/23/2012 Item 11 .D. N LEGEND LOT 1 RW = RIGHT—OF—WAY ��_ CAPRI COMMERCIAL OR = PLFATCB�OOK RECORDS BOOK PB f"∎if\ CENTER NO. 2 / PG = PAGE f r►�..1_i: POB = POINT OF BEGINNING * 1a-,•.r B PB 49, PG 5 �'�. ti►f + NO. = NUMBER N LOWE'S HOME CENTERS, INC //\'' y + S.R. = STATE ROAD S OR 4467, PG 1996 AKA = ALSO KNOWN AS FOUO NO. 25368002589 L = LENGTH 0 40 80 TRACT P-3 R = RADIUS A B DELTA I GRAPHIC SLUE + CB = CHORD BEARING 1"= 80, —+' C SCHEDULE IL Page 1 of 3 \ UNPLATTED d KRG EAGLE CREEK III, LLC N OR 3605, PG 1131 FOLIO NO. 00726720800 of Ii b Ng a L=11.34' R=50.00' 58732'47"E 0=12'59'23" LOT 1 24.64' CB=N85'57'31"E CAPRI COMMERCIAL C=11.31' \ CENTER N0. 2 PB 49, PG 5 ' 105FEE1 a\LOWE'S HOME CENTERS. INC 2,331 SF OR 4467, PG 1996 NO3'46'45"E 4111111 FOUO NO. i 5368002589 60.26' / 504'56'151Y 4 Q 75.86' L=37.07' R=100.00' POB 0=21'14'31" CB=N64'46'16"W C=36.86' UNPLATTED RED NAPLES HOLDINGS V, LLC EXISTING KW OR 4712, PG 2198 FOLIO NO. 00726724107 FEE SIMPLE LEGAL DESCRIPTION — PARCEL 105FEE1 INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712. PAGE 2198 OF' THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, CAPRI COMMERCIAL CENTER NO. 2 AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, 37.07 FEET ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21'14'31", AND WHOSE LONG CHORD BEARS N64'46'16"W FOR A DISTANCE OF 36.86 FEET; THENCE NO3'46'45"E FOR 60.26 FEET; THENCE ALONG THE PERIMETER BOUNDARY OF SAID LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 587'32'47"E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 50.00 FEET. THROUGH A CENTRAL ANGLE OF 12'59'23", AND WHOSE LONG CHORD BEARS N85'57'31"E FOR A DISTANCE OF 11.31 FEET; THENCE 504'56'15'W FOR 75.86 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.331 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW da ,e/ii JU N 1 5 2012, � (� s//z MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A..,e.2055 e:/.All F.\5000\010DRTAeee 11541 t C1=eT.".. Ven nw...,..t m.+mon.0\,os rr..V*t +rte"ne, ,\U..AW r..o,1sm_,15,ar.ap PROJECT: U.S.41/C.R.951/S.R.951 j SKETCH AND LEGAL DESCRIPTION R PARCEL 105FEE1: RIGHT—OF—WAY 0e10 Win.Perk 0e...Seib 200 Nw1.4 Renee 3I100 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone;(23O)557.0575 FAX:1238)0570578 LB Me,:ne32 j JOB NUMBER SION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I REVISION 1 I SEC 3 I 51S I 26E I 1" -- 80' 3/13/12 I R.A.K. SKD_105FEE1 I OF 1 PacketPage-264-____...______.___,.______.____________-___w___-__._.____..__ • 10/23/2012 Item 11 .D. • Tf iw.--7i-wi I 0 0 40 RO GRAPHIC SCALE LOT 1 1"" HO' CAPRI COMMERCIAL CENTER NO. 2 SC EDULE II PB 49, PG 5 'age 2 of 3 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 . FOLIO NO. 25368002589 r O) / g N18'1 7'33-E 40.80' v TRACT P-3 I 105FEE2 NO3'46'45"E 654 SF 46.34' / SO4•08'23"W y 40 86.03' R- N85'04'47"W 9.69' POB UNPLATTED KRG EAGLE CREEK IR, LLC pOSRNO R, OR 3605. PG 1131 FOLIO NO. 00726720800 LEGEND NW v RIGHT—OF—WAY OR OFFICIAL RECORDS BOOK PB PLAT BOOK PG PAGE O. POINT OF BEGINNING N N0. M NUMBER NT SIMILE S.R. STATE ROAD jh AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105FEE2 REST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 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; THENCE N8504'47"W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131; THENCE LEAVING SAID NORTHERLY BOUNDARY NO3'46'45"E FOR 46.34 FEET; THENCE N1B'17'33"E FOR 40.80 FEET; THENCE SO4'08'23"W FOR 86.03 FEET ALONG THE WESTERLY RIGHT—OF—WAY UNE OF S.R. 951. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 654 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 152012 ✓"I(/( g// /1 MIC A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jury 5.1012 any AM oe\2550\oo5m,.5a50 USA,i CA50,•M."w5"n°"ww.nMnn Any 2395,/Wow ww"\M,-Swwv\3�Ma b,f U *IIar\„X-RI,M 52\5R5_I0AYC2.Hp PROJECT: U.S.41/C.R.951/S.R.951 'Ctidp SKETCH AND LEGAL DESCRIPTION AL IL A.IL PARCEL 105FEE2: RIGHT—OF—WAY 6B1O Willow Park DWI.Suka255 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pima: boa F5 TAI:34100 3 � t2�)w�o�5 FAIN f2Je1 5074678 LB No.:5852 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE i SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 ( 51S I 26E 1 1" = 80' 1 3/13/12 I R.A.K. ( SKD_105FEE2 I 1 OF 1 Packet Page-265- 10/23/2012 Item 11 .D. • N i� P A11ji. It i .: E S L' it 4a. .tl r 40,,7G' '4 rti/fir ° 44/0R7 GRAPHIC SCALE 1'- 80' SCHEDULE II Page 3 of 3 LOT 1 CAPRI COMMERCIAL N31'36'32"E POB CENTER 18.33' PB 31, PG 52 TJS NAPLES, LLC /0 OR 4267, PG 3129 FOLIO NO. 25368000028 / 105FEE3 2,003 SF' 'I''^ a) 3 cc b LOT I Z' uj al CAPRI COMMERCIAL x CENTER NO. 2 I S PB 49, PG 5 / LOWE'S HOME CENTERS, INC OR 4467, PG 1996 LEGEND FOLIO.NO. 25366002589 EXISTING RW RV/ - RIGHT-OF-WAY N85'56'42"W OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK 6.59' PG - PAGE POB = POINT OF BEGINNING NO. - NUMBER FEE-lMPLE S.R. = STATE K ROAD NOWN AS LEGAL DESCRIPTION — PARCEL 105FEE3 11NT REST A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE 504'11'32"W FOR 273.75 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SAID S.R. 951, N85'56'42"W FOR 6.59 FEET; THENCE NO3'_46'45"E FOR 257.49 FEET; (PLAT BOOK 316 3PAGE 52), TO3T E FEET ALONG POINT OFT BEGINNING OF BOUNDARY OF CAPRI COMMERCIAL CENTER THE PARCEL HEREIN DESCRIBED. CONTAINING 2,003 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 152012 4Lt14tv ME L A. WAR'D 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. Am.6 ZOIZ N:IS AM IM2009\000061.0060 IRIS r M91 Intmtlon bMSrnenh A.G6I5?INR1 06➢br\II f-SurveA6.164A NM GvYUe."VNY-RM M Q2\1102._105fEE6.0 s` ElC. PROJECT: U.S.41/C.R.951/S.R.951 Y"'�0O J�,ti NS N , X14 �PPaE SKETCH AND LEGAL DESCRIPTION i`�� LLL 9e70 W11ew Ps*[hive.Belle 200 PARCEL 105FEE3: RIGHT-OF-WAY Naples.Rol&34106 PREPARED FOR COLDER COUNTY GOVERNMENT/HOARD OF COUNTY COMMISSIONERS Phone:(239)567-0575 FAX.(239)597.0578 LB Ne.:5952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I 3 51S I 26E 1 1" = 80' 1 3/13/12 I R.A.K. 1 SKD_105FEE3 1 OF 1 Packet Page 266 ____ ___.___.____.______ __._________.___..------_ 10/23/2012 Item 11 .D. Schedule III ;= (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page-267- 10/23/2012 Item 11 .D. 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 Ill-Page 2 of 2 Packet Page-268- . 10/23/2012 Item 11 .D. N "-' SCHEDULE IV 7..• ,,,, Page 1 of 4 s 0 20 40 UNPLATTED o KRG EAGLE CREEK III, LLC . GRAPHIC SCALE OR 3605, PG 1131 1' w 40' \ FOLIO NO. 00726720500 a EXISTING RW S8732'47"E POB 5.00' LOT 1 / CAPRI COMMERCIAL NO3'46'45"E • "OC CENTER NO. 2 N8732'47"W PB 49. PG 5 59.15' ,� 24.07' LOWE'S HOME CENTERS, INC 105TCE1 # I OR 4467, PG 1996 S03'46'4 5"W `� If) a FOLIO NO. 25368002559 299 SF 60.26' 4t Vi L=3.56' R-62.00' L=1.53' i A=3'17'39" R=100.00' C13=N74•37'25"W 6=0'52'44" C=3.56' CB=N75'49'53'W C=1.53' UNPLATTED RED NAPLES HOLDINGS V. LLC OR 4712, PG 2198 FOLIO NO. 00726724107 TEMPORARY LEGEND RW — RIGHT—OF—WAY CONSTRUCTION EASEMENT DrTxML RECORDS BOOK PB � PLAT BOOK PG � PAGE DURATION 3 YEARS. POB POINT OF BEGINNING 100 . POINT OF COMMENCEMENT NO. . NUMBER S.R. - STATE ROAD AKA • ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. ALSO BEING A PLATTED CORNER OF LOT 1 AT THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA: THENCE N8732'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHERLY BOUNDARY, 503'46'45"W FOR 60.26 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE ALONG THE SOUTHERLY BOUNDARY OF THE "ACCESS LEG" OF LOT 1, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 1.53 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'52'44", AND WHOSE LONG CHORD BEARS N75'49'531W FOR A DISTANCE OF 1.53 FEET. TO THE BEGINNING OF A NON-TANGENTIAL CURVE; 2) THENCE 3.56 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 3'17'39", AND WHOSE LONG CHORD BEARS N74'37'25'W FOR A DISTANCE OF 3.56 FEET; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID "ACCESS LEG" NO3'46'45"E FOR 59.15 FEET; THENCE S8732'47"E FOR 5.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID "ACCESS LEG", TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CO WING 299 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENT RE 5 TIONS OF RECORD. ZOGNED ji Z012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. &n,&2012 10,A,1 N:\2COY\W00/IAOWW WW1&GVS'MwaMbn bnprew, And(2171 Mr\KW Mem\Ph i-Srw)13AstM AM .\ICE-NM ant S21 41_105TQ1.Ary II. PROJECT: U.S.41/C.R.951/S.R.951 v AMA 1 SKETCH AND LEGAL DESCRIPTION � 2....r PARCEL 105TCEI: TEMPORARY CONSTRUCTION EASEMENT 59)O WUew Pot G,Io.BU592OO PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COMMISSIONERS Phone:(259)5977.0576 AX:(278)597.0575 LB N9.:5992 JOB NUMBER I REVISION SECTION TOWNSHIPT RANGE 71 SCALE 1t DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 ' 3 I 515 1 26E I 1" =, 40' I 6/4/12 R.A.K. I SKD_105TCE1 I 1 OF 1 _...- _ ____...._.......-- _ _ _Packet Page-269 �ri. . 10/23/2012 Item 11 .D. ; SCHED LE IV r n►:_ E '�, q Page of 4 WPM SCALE � r..-,.:� yr Y 1e" 80, • LOT 1 CAPRI COMMERCIAL POC CENTER PB 31. PG 52 TJS NAPLES, LLC DINING RN LEGEND OR 4257, PG 3129 RN - RIGHT—OF—WAY FOLIO NO. 25368000028 OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE I•) P08 - POINT OF BEGINNING 0 POC - POINT OF COMMENCEMENT N NO. a NUMBER - S T A T E ROAD AKA -ALSO KNOWN AS N85'S6'4Y 70W 9' LOT 1 S85'56'42"E CAPRI COMMERCIAL 60.00' a CENTER NO. 2 � PB 49, PG 5 NO3'46'45"E T LOWE'S HOME CENTERS, INC 70.00' Pr OR 4467, PG 1996 IX 6 FOLIO NO. 25368002589 �� S03'46'45"W N 105TCE2 70.00' 4,200 SF ,v N85'56'42"W 60.00' LEGAL DESCRIPTION — PARCEL 105TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON NORTHERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT—OF—WAY UNE OF S.R. 951; THENCE SO4'11'32"W FOR 203.75 FEET ALONG THE WESTERLY RIGHT—OF—WAY UNE OF SAID S.R. 951; THENCE LEAVING SAID WESTERLY RIGHT—OF—WAY UNE N85'56'42`W FOR 7.09 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE S03'46'45'W FOR 70.00 FEET; THENCE N85'56'42"W FOR 60.00 FEET: THENCE NO3'46'45"E FOR 70.00 FEET; THENCE 685'56'42"E FOR 60.00 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY I-ROW CONSTRUCTION EASEMENT JUN 1 5 2012 t h� DURATION 3 YEARS. ICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA�SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. !wr&WIZ x0..19 ar a l'\le99\9a9rer.00 0IISrr r ac51 N1rrr,e996,M"pswawrb And CM9,M\1 ar Wens\P"1-sn,q\J.fti M o maatlear\TCE-MI II.r 01190_105702499 l niC PROJECT: U.S.41/C.R.951/S.R.951 91u» =TA SKETCH AND LEGAL DESCRIPTION 4 s Nj o&nem" M. PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT B1119 Mow Perk Drive,Salle 209 Naples,Florida 94109 PREPARED FOR: COLDER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS P19599:B38 5974575 FAX:(299)B47o579 LB No.:0952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 I 3 I 51S I 26E I 1" — 80' I 6/4/12 I R.A.K. I SKD_105TCE2 1 of 1 PacketPage-270-_____._._._._...___._.--------------------._._-----.__--- • 10/23/2012 Item 11 .D. N SCHEDULE IV if-:_�: * ,., -.„ H Page 3 of s s 0 30 80 � & � GRAPHIC SCALE 1" 60 Q X. b ,q LOT 1 EXIS i TING RW CAPRI COMMERCIAL CENTER NO. 2 585'56'42'E PB 49, PG 5 5.00' LOWE'S HOME CENTERS, INC _ OR 4467, PG 1996 �' a FOLIO NO. 25368002569 0 - / $0o / I z1 / N16'17.33"E ill 105TCE3 40.81' / 821 SF TRACT P-3 / 518'17'33"W 40.80' ---- NO3'46'45'E 503'46'45.W 46.67' 1 46.34' TEMPORARY iI POB CONSTRUCTION EASE N85.04.47"W POC DURATION 3 YEARS 5.00' N85'04'47"W UNPLATTED 9.69' LEGEND KRG EAGLE CREEK Ill, LLC RW - RIGHT-OF-WAY = OFFICIAL RECORDS BOOK OR 3605, PG 1131 PB - PLAT BOOK FOLIO NO. 00726720800 PG ■ PAGE PD - POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. - NUMBER r S.R. - STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105TCE3 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FT UBLICT RECORDS OF COWERCORNER COUNTY, FLORIDA. ALSO RE NGDESCRIBED ANPLATTE OFFICIAL D CORNERRECORDS OFBLO BOOK 136�RIAGE 1131 COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE RECORDSNBOOK 3605, PAGE 1131,FEET ALONG THE THE POINT OF BEGINNINNGGUOFTH PAR EL PARCEL DESCRIBED HEREIN; IN OFFICIAL THENCE CONTINUE N85•04'47"W FOR 5.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, NO3'46'45"E FOR 46.87 FEET; THENCE N18'17'33"E FOR 40.81 FEET THENCE N04'00'S9"E FOR 76.49 FEET THENCE S85'56'42'E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE 504'00'59'W FOR 77.12 FEET. ALONG SAID WESTERLY RIGHT-OF-WAY UNE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, 518'17'33"W FOR 40.80 FEET; THENCE 503'46'45"W FOR 46.34 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 821 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW • ZAMY(Y JUN 15 20r2 t MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS. 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .M,.Q nu!I3 W M\2009%090061.00.00 U54I•Cw901 M••••,.,Imen.smento.M C•5'682■202 20.0*,-Aw..rls"td A.4 as,lesss\TCE-ww ft.°Asa_salist 39.0 PROJECT: U.S.41/C.R.B51/S.R.951 z ixINJ� SKETCH AND LEGAL DESCRIPTION �Q, atrmbigiTershuppw .41111k PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT BRIO WM..Park D .&A10 200 Ngtdu.Hedda&1106 ,"`;,e r PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS ?how(27o)m� : t239)697-0578 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 0 I I 3 51S 1 26E I 1' = 60' I 6/4/12 I R.A.K. I SKD_105TCE3 I 1 OF 1 Packet Page 271-__. _.__--_______________________ 10/23/2012 Item 11 .D. • • N & SCHEDULE IV "_, r `s Page 4 of 4 ,stir`., y,0 0 30 60 GRAPU1C SCALE l''"60' S31'36'321W 18.33' P0= LOT 1 N31'36'32"E I pO CAPRI COMMERCIAL 10 71' II TEMPORARY PB 31 PG R 52 j E> ay; CONSTRUCTION EASEMENT TJS NAPLES, LLC OR 4267. 36 3129 (NUM_3 YEARS.FOLIO NO. 25368000028 i / ' I 0 ro P I' 105TCE4 / 914 SF / a.O 503'46'45"W In I Z' 187.49' 0 i1 LOT 1 N85'56'42"W j ''I° CAPRI COMMERCIAL 5.00' I ' CENTER NO. 2 I LEGEND PB 49, PG 5 I RW - RIGHT-0F-WAY LOWE'S HOME CENTERS, INC +I OR 4467, PG 1996 o . OFFICIAL RECORDS BOOK P8 - PLAT BOOK FOLIO NO 25368002589 PO - PAGE P09- POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. . NUMBER S.12, •• STATE ROAD ANA•• ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 'I O5TCE4 • A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951. AS RECORDED IN PLAT BOOK 31. PAGE 52 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. ALSO BEING THE NORTHEASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE S31'36'321W FOR 18.33 FEET, ALONG THE COMMON BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER AND SAID LOT 1. CAPRI COMMERCIAL CENTER NO. 2. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID COMMON BOUNDARY. SOS46'45"W FOR 187.49 FEET; THENCE N85'56'42"W FOR 5.00 FEET; THENCE NO3-46'45"E FOR 178.00 FEET, TO A POINT ON SAID COMMON BOUNDARY; THENCE N31•36'32'E FOR 10.71 FEET ALONG SAID COMMON BOUNDARY, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: • CONTAINING 914 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN152012 7//titigA tl MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 0 SIGNED • NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED•PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .1w a SO,J RTJ m c\ 1ADKNO AQOV 11L,A Q t W,sMs.Yryrovresnoras M WWI MINK."A.,\PIA 1-A .w\Sbw NW Pnaff0.0i—MIt Aro OASKL16511 M,p PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION � sr .4114 S s PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT ea 10 Went Port DAtA,Me 20A Nolo.Ronda MOO PREPARED FOR:COWER COONIY COYBRRLMIQT/BOARD OF COUNTY COMMISSIONERS Dhow 1239)500576 FAX(21)697-0678 La NO.:1968 JOB NUMBER f REVISION SECTION TOWNSHIP .`LANG ` SCALE f DATE. DRAWN BY FILE NAME SKEET 090081.00.00 I 0 I 3 51S I 26E J 1" = 60' ( 6/5/12 _` R.A.K. , SKD_105TCE4 1 OF 1 Packet Page 272 ___ ......._.._.....--._.._...___ ___._._____.____ ------- 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN Atetta- PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule H, Schedule III and Schedule IV (collectively, "Parcel 106FEE, 106TCE") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range it Packet Page-273- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 106FEE, 106TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 106FEE,106TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 106FEE, 106TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 106FEE, 106TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 106FEE, 106TCE, which appraisal also includes a Packet Page-274- 10/23/2012 Item 11 .D. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to iftatk be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 106FEE, 106TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of Two Hundred Three Thousand and 00/100 Dollars($203,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence,the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 106FEE, 106TCE to the extent of the estate or interest set forth ooto as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 106FEE, 106TCE by settlement and compromise at such teams that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms,conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74, and 127,Florida Statutes. Packet Page-275- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to for and lega nsuf iciency vjt / Jeffrey L.Hirjds Outside Eminent Domain Counsel On behal lofJeffrey A.Klatzkow Collier Bounty Attorney -Page 4- Packet Page-276- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 Aork j II. { { Schedule I-Page 1 of 1 Packet Page-277- 10/23/2012 Item 11 .D. N 4:17 i - v (;.- en E CHEDULE II UNPLATTED `'` H&V REALTY •e 1 of 1 CORPORATION S OF BROOKLYN, INC. D 40 BO OR 4289, PG 1246 FOLIO NO. GRAPHIC SWILII 00724600007 1'- ao , SBT31'47"E 48.95' / R 106FEE 9,241 SF LEGEND . RW 503'46'45'W n RK;nR�F-WAY 0 O 81.66' OR - OFFICNL RECORDS BOOK PEI ■ PLAT BOOK ao PG e. PAGE rn N86'13'15"W POE1 NUMMBBER�BEGINNING * 5.00' S.R. � STATE ROAD a+ 3^ o °' AKA e• ALSO KNOWN AS ii & UNPtATTED in o t UNTIED TELEPHONE 0)1 z COMPANY OF FLORIDA OR 1233, PG 1742 cri g FOLIO NO. y 00726680005 POB R / • N89'15'56"W 45.41' UNPIATTED COLDER COUNTY EXISTING RV/ OR 1663, PG 289 FOLIO NO. 00726720402 R FEE SIMPLE LEGAL DESCRIPTION - PARCEL 106FEE INTEREST 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 THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NO411'07"E FOR 196.60 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE S87'31'47"E FOR 48.95 FEET ALONG THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1233, PAGE 1742 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE SO3'46'451W FOR 81.66 FEET; THENCE N86'13.15"W FOR 5.00 FEET; THENCE 503'46'45'W FOR 115.64 FEET; THENCE N89'15.56"W FOR 45.41 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1233, PAGE 1742, TD THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. , CONTAINING 9,241 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 1 5 2012 /(11./0/ 4./p/2 MICHAEL k WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Aew 0.2012)w))Am a\2E0\8 081.00.00 1581 A CAM FMnweem mvwmwetr And Cyst RIVA901T P1ssAT r-S,v,p\52.M.And Me/Ytlw\M-AM lbw O URU 188#Ot K PROJECT: 13.5.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION R1W Surveying&Damping; PARCEL 106FEE: RIGHT—OF—WAY 0010 Mow Pak DrIn.Suite 200 PREPARED FOR: COLLIER COUNTY GOTERNUENT )5o.01575 Rorie'�10tl /BOARD OF COUNTY COMMISSIONERS Phene:f23�5074675 FAX:100 507-0676 1.8 Nw:6052 JOB NUMBER I REVISION TION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I SEC 3 I TO 51S I 26EJ 1" = 80' l 3/13/12 I R.A.K. I SKD_106FEE I 1 OF 1 Packet Page-278- 10/23/2012 Item 11 .D. Schedule III oak (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner Amok of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II, and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page-279- 10/23/2012 Item 11 .D. 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 Ill-Page 2 of 2 Packet Page-280- 10/23/2012 Item 11 .D. IT 4-1i%,• '. B SCHE ULE IV. ��=l' Pag 1 of 1 0 20 40 GRAPHIC SCALE 1"- 40' 586'13'15% 10.00' 106TCE b 850 SF taclslLNG Rw '6 co Q ku U') a UNPLATTED a) 1 a/r UNITED TELEPHONE COMPANY rd OF FLORIDA• Z/ FOLLIIO NO. 0014° 0 26680005 i POB 4 I NO3'46'45"E 1 N86'13'15`w 30.64' 10.00' I S89'15'561 i POC 45.41' R °' UNPLATTED COWER COUNTY LEGEND OR 1663, PG 289 RW — RIGHT—OF—WAY FOLIO NO. 00726720402 OR ■ OFFICIAL RECORDS BOOK ?` PB = PLAT BOOK PG = PAGE POO = POINT OF BEGINNING POC . POINT OF COMMENCEMENT Na . NUMBER S.R = STATE ROAD LEGAL DESCRIPTION — PARCEL 106TCE AKA ALSO �OMnI As A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF THE PUBLIC RECORDS OF COLDER COUNTY. FLORIDA: THENCE 58915'56"E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663. PAGE 289; THENCE LEAVING SAID NORTHERLY BOUNDARY NO3'46'45"E FOR 30.64 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NO3'46'45"E FOR 85.00 FEET; THENCE 58613'15-E FOR 10.00 FEET; THENCE S03'46'45"W FOR 85.00 FEET; THENCE N86'13'15"W FOR 10.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 850 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM -ROW CONSTRUCTION EASEMENT JUN 15 2(12 / DURATION 3 YEARS. MIC A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED.PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. +..a"u`"w et"owrtoecosi.%oo user•a95'.+."..o.„y,........,n•.s ass/9""6..o1.c u-5,.e\s,,.4,I,A,r 0-40 \"[-Mr A..m100-roa¢a.y - PROJECT: U.S.41/C.R.951/S.R.951 a+c r Pa tao � ' SKETCH AND LEGAL DESCRIPTION �o t PARCEL lOBTCE: TEMPORARY CONSTRUCTION EASEMENT 10 �` a �1°' t1f�os /on'n� 8810 Willow Park Oft*.Suite 200 PREPARED FOR: COLLIER COUNTY C09SRNH$NT/.....u+ OF COUNTY COMMISSIONERS Ndes.Ronde44108 Phone:12091597-0575 FAX(290)687-0578 LB N0.:8952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 [ 51S I 26E I 1" = 40' ( 3/13/12 R.A.K. I SKD_106TCE I 1 OF 1 ■ —.___._.-----------.____......_-.___-._.__ --Packet Page-281- 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II,Schedule III and Schedule IV(collectively,"Parcel 107FEE, 107TCE1, 107TCE2") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-282- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule N (collectively, "Parcel 107FEE, 10TTCE1, 107TCE2")for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan,as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed fI improvements, which improvements require the acquisition of Parcel 107FEE, 107TCE1, 107TCE2. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 107FEE, 107TCE1, 107TCE2 by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 107FEE, 107TCE1, 107TCE2 which parcel is sought to be acquired by the County. Packet Page -283- 10/23/2012 Item 11 .D. Having previously obtained an appraisal of Parcel 107FEE, 107TCE1, 107TCE2, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 107FEE, 107TCE1, 107TCE2,and to provide the fee owner(s)a written offer binding on the County in the amount of Eighty-Six Thousand Five Hundred Fifty and 00/100 Dollars($86,550.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 107FEE, 107TCE1, 107TCE2 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 107FEE, 107TCE1, 107TCE2 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73,74,and 127,Florida Statutes. Packet Page-284- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to he acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. • This Resolution.adopted on this day of . 2012. after motion. second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK.CLERK OF COLLIER COUNTY.FLORIDA By: FRED W.COYLE.CHAIRMAN Approved as to form and legal sufficiency:" e e Jeffrey L.I Ind/ Outside Emin t Domain Counsel On behalf ofeffrey A.Klatzkow Atllk Collier Corty Attorney t -Page,t_ Packet Page -285- 10/23/2012 Item 11 .D. 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.601161 The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page-286- • • 10/23/2012 Item 11 .D. M LOT 1 1I `►... 'Itir B CAPRI COMMERCIAL SCHEDULE/II CENTER NO. 2 Page 1 o 1 '' PB 49, PG 5y43* —_-�� LOWE'S HOME CENTERS. INC / OR 4467, PG 1996 FOLIO NO. 25368002589 r__ GRAPHIC SCALE l` 1'a 80' / y / TRACT P-3 C S85'04'4YEI EXISTING MY 9.69' Z v / P 0 B UNPLATTED m KRG EAGLE CREEK III. I.LC ^_01 8 '- 1 N.4 OR 3605, PG 1131 w/N In FOUO NO. 00726720800 ,� cl to 0 in a N49'31'04'E Z/a in'g 21.84' NO3.46'45"E 8/1 0,. 10.02' P 107FEE a ' ` 2,090 SF �a \ // N87'32.47'W 24.07' Q' UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712. PG 2198 LEGEND FOLIO NO. 00726724107 RW - RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK Q' PG - PACE POB = POINT OF BEGINNING NO. = NUMBER FEE SIMPLE S•R. = STATE ROAD �4.G AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 107FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605. PAGE 1131 OF THE PUBLIC RECORDS OF COLDER 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; THENCE SO4'0B'23'W FOR 200.50 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE N87'32'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3'46'45'E FOR 10.02 FEET; THENCE N49.31'04'E FOR 21.84 FEET; THENCE NO3'46'45"E FOR 175.98 FEET; THENCE S86'O4'47'E FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DECSRIBED IN OFFICIAL RECORDS BOOK 3605. PAGE 1131 TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.090 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 15 2812 AtAl/C MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 OAT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jw S.2012 I215 MI IN\VD00\0900/1A0.00 11541*01105?MMwCtIm Mwwmmk•M ø5?MAIM Poo\R,l-9wwy?5511 4,/11 bt ICF-05 art 02\YS_rofIF 4.y. PROJECT: U.S.41/C.R.951/S.R.951 App SKETCH AND LEGAL DESCRIPTION N i &tram&iKccog PARCEL 107FEE: RIGHT—OF—RAY 5510 Mow Park Drift S.k.200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pixel*.(229) s 5FAx Isle)557.0579 LB No 5952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S 1 26E J 1" - 80' I 3/13/12 I R.A.K. I SKD_107FEE 1 OF t _ ..___.__..__.__._______ _ __ Packet Page-287 ____,_._ 10/23/2012 Item 11 .D. • Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV")and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement ("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page -288- 10/23/2012 Item 11.D. 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 s the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the TCE area (for as long as it shall exist). • Schedule III -Page 2 of 2 Packet Page -289- 10/23/2012 Item 11 .D. N SCHEDULE IV 0‘41•::/' E Page 1 of 2 0 20 40 GRAPHIC SONS I'" 40' UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOUO NO. 00726720800 od INS RW 107TCE1 .NNNNNN 49 SF 586'13'15"E ,— 5.00' $ NO3 46'45"E 503'46'45"W 00 9.79' 9.67' d fN g N8732'47"W -OC 5.00' .. LOT 1 N8T32'47"W CAPRI COMMERCIAL POB 24.07' CENTER NO. 2 PB 49, PG 5 LOWE'S HOME CENTERS. INC OR 4467, PG 1996 FOLIO NO. 25368002589 UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712. PG 2198 FOLIO NO. 00726724107 LEGEND RW . RIGHT—OF—WAY OR sD OFFICIAL RECORDS BOOK PB - PLAT BOOK PG r PAGE POB .. POINT OF BEGINNING POC — POINT OF COMMENCEMENT NO. - NUMBER LEGAL DESCRIPTION — PARCEL 1 07TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PLATTED CORNER AT THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA; THENCE N5732'47"W FOR 24.07 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131, TO THE POINT OF' BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID SOUTHERLY BOUNDARY, N87'32'47"W FOR 5.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY. NO3'46'45"E FOR 9.79 FEET; THENCE S86'13'151 FOR 5.00 FEET; THENCE 503'46'45"W FOR 9.67 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 49 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM-ROW CONSTRUCTION EASEMENT JUN f 5 2812 DURATION 3 YEARS. ICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE de RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A..0.2012 lit l AO IO\1000\00000,.00.00 9241•1.11051 M..neW,0.yw,w,W.•••[1r9?MOM Maw\PA i-.50,.y 34.95 And pnc,Ntieoa\TC[-fr1'9.v DAM_MOICE1.9.0 '" 1NC. PROJECT: U.S.41/C.R.951/S.R.951 ? Vionliseko SKETCH AND LEGAL DESCRIPTION RIAIAL -,Paragestag Minot PARCEL 107TCE1: TEMPORARY CONSTRUCTION EASEMENT esio Mow Pork Moo.Soho 200 NNpr..Fb,ka 34100 PREPARED ?Olt COLLIER COUNTY GO96RNNENT/BOARD OF COUNTY COMMISSIONERS Phone:min 5974575 FAX(2391 5974878 LB No.:0952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 I 3 I 51S 26E I 1" = 40' 6/6/12 I R.A.K. I SKD_107TCE1 I 1 OF 1 • Packet Page-290-_......_. 10/23/2012 Item 11 .D. N SCHEDUL IV Ask ,ert,a LoT 1 Page 2 f 2 '‘.. .--,1,;,, E CAPRI COMMERCIAL *'.•/ti CENTER NO. 2 PB 49, 5 LOWE'S HOME CENTERS, INC /r"''''') 0 40 to OR 4467. PG 1996 FOLIO NO. 25368002589 ,. / DOSING PM GRAPHIC SCALE /4 i 1" AO' / TRACi P-3 r i____ 585•04'471 5.00' ---.. --4) N851O4'47"W ,y V 4 9.69' �1 UNPLATTED FOC KRG EAGLE CREEK III, LLC 0 POB OR 3605, PC 1131 ! & N. FOLIO NO. 00726720800 ii 175.98' 107TCE2 cc. 6 892 SF i 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II,Schedule III and Schedule N(collectively,"Parcel 108FEE, 108TCE1, 108TCE2") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-292- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 108FEE, 108TCE1, 108TCE2")for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan,as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the u, costs associated with the design,property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 108FEE, 108TCE1, 108TCE2. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 108FEE, 108TCE1, 108TCE2 by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby Adomik authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 108FEE, 108TCE1, 108TCE2 which parcel is sought to be acquired by the County. Packet Page -293- 10/23/2012 Item 11 .D. Having previously obtained an appraisal of Parcel 108FEE, 108TCE1, 108TCE2, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 108FEE, 108TCE1, 108TCE2,and to provide the fee owner(s)a written offer binding on the County in the amount of Five Hundred Thirty-Two Thousand and 00/100 Dollars($532,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 108FEE, 108TCE1, 108TCE2 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 108FEE, 108TCE1, 108TCE2 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to, the provisions of Chapters 73,74,and 127,Florida Statutes. Packet Page -294- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012.after motion. second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK.CLERK OF COLLIER COUNTY.FLORIDA By: FRED W.COYLE,CHAIRMAN Approved a o form and legal s icie y: „t /Jeffrey L.Hinds / Outside Eminent Domain Counsel On behalfofJeffrey A.Klatzkow Collier County flttorney 4 it -Page 4' Packet Page -295- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page -296- 10/23/2012 Item 11.D. N e ,44:r,�% E (i SC ULE II `''k�`% .s Page f 1 itt 614, 0 40 80 N3543'00"E 554'20'47"E GRAPHIC SCALE 49.97 j 83.58' St1 • 80' / 108FEE 22,341 SF 539'26'27"W 39.30' 263'34"W 4 / 29.06' g 503'46'45'W UNPLATTED n 120.69' H&V REALTY • CORPORATION g OF BROOKLYN, INC. OR 4289, PG 1246 S86'13'1 5"E FOLIO NO. c 5.00' 00724800007 co o a„ ocLSlSac UNPLATTED P08 KRG 951 & 41. LLC OR 4167, PG 805 67.12 N87'31'47"W FOLIO NO. 00726280007 67.12' UNPLATTED UNITED TELEPHONE LEGEND RIGHT-OF-WAY COMPANY OR - OFFICIAL RECO RDS BOOK OF FLORIDA P8 - PLAT BOOK FEE MAPLE OR 1233. PG 1742 ,. PG - PAGE FOLIO NO. 1 POB - POIN1 OF BEGINNING itITERE$T 00726680005 No. - NUMBER S.R. - STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142 (ORDER OF TAKING) AS RECORDED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA: THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 142, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO228•03"E FOR 292.80 FEET; 2) THENCE N35'43•00"E FOR 49.97 FEET; THENCE 554'20'47"E FOR 83.58 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE 539'26'27'W FOR 39.30 FEET; THENCE S15'03'34'W FOR 29.06 FEET; THENCE S03•46'45"W FOR 120.69 FEET; THENCE 586'13'15"E FOR 5.00 FEET; THENCE S03•46'45"W FOR 108.34 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289, PAGE 1246 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE N87'3 1'47'W FOR 67.12 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 22,341 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JULIO 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. TI-US IS NOT A SURVEY. AM f6 2O,S,f:,le M/WAIwi1090m1.00.00 V54I t CAilt blimeeVen Coo,",."-b Md CMS/M AK=N""\M,—bun"r\SYwen And 0-wide-NICE—M,M @\SRQfSpRCgp PROJECT: U.S.41/C.R.951/S.R.951 vum SKETCH AND LEGAL DESCRIPTION RW > PARCEL 108FEE: RIGHT-OF-WAY NIO W W I P u k Orwi.9M15200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phan.: "597`75` AX 123 GOVERNMENT/BOARD 1239)587-0575 FAX BM)597-0579 LB No.:5552 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. ' I SKD 108FEE I 1 OF _..---- Packet Page -297- 10/23/2012 Item 11 .D. Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION.OPERATION AND MAINTENANCE OF ROADWAY.DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION, OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page-298- 10/23/2012 Item 11 .D. 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). it Schedule III-Page 2 of 2 Packet Page-299- 10/23/2012 Item 11 .D. N I I SCHEDULE IV ''i►$t w " I Page 1 of 2 t 045c* t Al 1 ' i S 0 20 40 • w • MANIC SCALE I v I UNPLATTED 1'• 40' I . 1 H&V REALTY CORPORATION I •o OF BROOKLYN, INC. OR 4289, PG 1248 I N I FOLIO NO. 00724800007 • '-O I I W� I W ' ie a f 1 CZ ,'0 ¢ f I X S86'13'15"E 8.00' / IY 6 W ', 108TCE1 V$g s o NO3'46'45"E 320 SF gr t 0 I 40.00' S03'46'451W NO3 46'45"E P09 040.00' 8.54' S8T31'4T , POC- 67.12' N86'13'15"W--2----------_.,`/ / 8.00' EIISTING UNPLATTED UNITED TELEPHONE COMPANY OF FLORIDA i FOUO OR 1233, PG 1742 NO. 00726680005 \ LEGEND TEMPORARY R .•NF RECORDS BOOK f CONSTRUCTION EASEME = PLAT BOOK PAGE I OB^= POINT OF BEGINNING I OC • POINT OF COMMENCEMENT ()NATION 3 -YEARS.N0. • 11'4 R S.R. . STATE ROAD AKA ALSO KNOWN AS • LEGAL DESCRIPTION — PARCEL 1 08TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF 'PARCEL 142" ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 587'31'47'E FOR 67.12 FEET ALONG THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289, PAGE 1246 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO3'46'45"E FOR 8.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NO3'46'45"E FOR 40.00 FEET; THENCE S86'13'15"E FOR 8.00 FEET; THENCE 503'46'45"W FOR 40.00 FEET; THENCE N86'13'15"W FOR 8.00 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 320 SQUARE FEET OR OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW AUG 16 2012 ' /5114-its WARD PROFESSIONAL. LAND SURVEYOR LSI 5301 DAT SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ...."..t It sou was.W/M.•.\0.••s!m••LW 1•cost w•r.•••■■••1•AN:um.'NOM n00\I..40•10.0 AM 0e,0100\R2-011 M W\900-10010 1w0 PROJECT: U.8.41/C.R.951/8.R.951 RWA:risaasi•rOtik. PROJECT: AND LEGAL DESCRIPTION altla SwwiNAt 'S PARCEL 108TCEI: TEMPORARY CONSTRUCTION EASEMENT WI0Yam PVtGM.WY 200 kMy PREPARED 100 COLLIER COUNTY GOVERNM3lTT/BOARO 07 COUNTY COMMISR�NERS Firma: N•q?-0371 FAX(23 MO••LD N FAIL RSaI.6i-057e JOB NUMBER REVIS10N SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 I SEC HI 3 51S J 26E 1 1' = 40' ( 6/8/12 I RAK. SKD_108TCE1 11 OF 1 - — - — _. .. ._. Packet Page 300- 10/23/2012 Item 11 .D. • N SCHEDULE IV Afew Page 2 of 2 0 zo GRAPere SCALE 1"" 40' Ne RIN SN35'39'13"E g1 5.00' • 55420'47"E 108TCE2 4� 40.00' 200 SF 4+4 P08 N54'20'47"W • 40.00' 4es- 41 92. S35'39'1319 ?O• 5.00' R>11. POC UNPLATTED HdcV REALTY CORPORATION OF BROOKLYN. INC. OR 4289, PG 1246 FOLIO NO. 00724800007 UNPLATTED f� KRG 951 & 41, LLC LEGEND OR 4167, PG 805 RW = RIGHT—OF—WAY FOLIO NO. 00726280007 OR - OFFICIAL RECORDS BOOK • PB = PUT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. - NUMBER S.R. = STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4289, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY, ALSO BEING THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41: THENCE N54'20'47"W FOR 54.92 FEET ALONG THE SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING THE SOUTHERLY RIGHT—OF—WAY UNE OF U.S. 41, S35•39'13"W FOR 5.00 FEET; THENCE N54'20'47"W FOR 40.00 FEET; THENCE N3539'13'T FOR 5.00 FEET, TO A POINT ON SAID SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE S54•20'47"E FOR 40.00 FEET ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 200 SQUARE FEET MORE OR OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM-ROW CONSTRUCTION EASEMENT JUN 1 5 2872 DURATION 3 YEARS. / 1111A" , MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED • NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS 1S NOT A SURVEY. aw 6 2D12 6De W A U \PD0061.00•00 IIS,1 f ds5 CM,NNWOk Plw\T i-Suny\9blah And 0,s4.,..117-6M Mr 6[\9f6_tmlC2,1 lO1Tf� PROJECT: U.S.41/C.R.951/S.R.951 R T SKETCH AND LEGAL DESCRIPTION N6� yar y PARCEL 108TCE2: TEMPORARY CONSTRUCTION EASEMENT 661D w991«PIA OMe.&Ate204 N0410e.Flelide$7109 PREPARED FOR:COLLIER CODNTY GOVETWIIENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)5910576 FAX:(239)697-0576 19 No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE T SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 0 I 3 I 51S 26E 1 1" = 40' I 6/6/12 I R.A.K. SK0_10BTCE2 I 1 OF 1 — — -- — - _-- Packet Page -301- — — — — — RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection. improvements is included in Collier County's Five Year Transportation Work Program(Project • No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and N WHEREAS, construction of the proposed intersection improvements will require the O N acquisition of additional right-of-way;and Cr) WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively,"Parcel I09FEE")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property#or public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule 1 and Schedule II (collectively, "Parcel 109FEE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as N well as public safety and welfare considerations associated with the design and construction of O Mthe Project, and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 109FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 109FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel I.09FEE which parcel is sought to he acquired by the County. Having previously obtained an appraisal of Parcel 109FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be -Page 2- acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 109FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of Sixteen Thousand Six Hundred and 00/100 Dollars($16,600.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 109FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County CN Manager or his designee and the Office of the County Attorney or its designee is specifically Oauthorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 109FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74, and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. -Page 3- This Resolution, adopted on this day of ,2012,after motion, °` second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legal s 'ency:;7? Jeffr-y L.Hin, Outside Emi ent Domain Counsel On behalf. Jeffrey A.Klatzkow Collier Co,my Attorney N— N— E a) N N C,r) N O -Page 4- Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 IL 0 E a) N O N C'r) N O Schedule I -Page 1 of 1 R SCHED LE II N Pa 1 of 1 Allik S G 0 40 90 s + - W.r,. L GRAPHIC SCALE ')706,1„.1)... r'8D' LEGEND / ST J RW- RIGHT-OF-WAY OR. OFFICIAL RECORDS BOOK PB - PLAT BOOK PG . PAGE P09- POINT OF BEGINNING NO. - NUMBER S.R. . STATE ROAD LOT 2 AKA-ALSO KNOWN AS /a CAPRI COMMERCIAL ' CENTER REPEAT PB 35, PG 85 Rye, TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368002026 N70'I3'06'E 19.72' °" 109FEE_ 475 SF A SO4'11'32'YV LOT 1 • 48.48' CAPRI COMMERCIAL NO3'46'45"E r 60.81' / \P PB 31MPG 5L2 Lc TJS NAPLES, LLC S31'36'32'W OR 4267. PG 3129 18.33' FOLIO NO. 25368000028 Q ,. m" r / 7' E LOT 1 CAPRI COMMERCIAL (.1) CENTER NO. 2 ,f Ee 8 P8 49, PG 5 + vi g AW- N LOWE'S HOME CENTERS, INC OR 4467, PG 1996 FEE SIM O FOLIO NO. 25368002589 IPTERES N LEGAL DESCRIPTION - PARCEL 109FEE CO A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING CN MORE PARTICULARLY DESCRIBED AS FOLLOWS: CI BEGINNING AT THE COMMON EASTERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN r 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 COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE S31'36'32"W 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE LEAVING SAID EASTERLY BOUNDARY, NO3'46'45"E FOR 60.81 FEET: THENCE N701 3'06"E FOR 9.72 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY UNE OF S.R. 951 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE SD4'11'32'W FOR 48.48 FEET ALONG SAID WESTERLY RIGHT-OF-WAY UNE 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 q,.. ilAitAll(/MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSj 5301 TE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS tS NOT A SURVEY. .W At MT IQa!Av IMAM%n000tA0.00 OHt t CAM....,ro,.-,-+,,..+A.,Iaa,tw■aO /I..\..,mss,-r\sM.•Ma o.whew\ICE-ar`a..O D eaV!i W PROJECT: U.S.41/C.R.951/S.R.951 « vsIisgadca. SKETCH AND LEGAL DESCRIPTION s�TL�' 8a1.r,Au8 dt WOW PARCEL 109FEE RIGHT-OF-WAY MO YMaw P00,Onv..BUn 200 Nein.Florida MOB PREPARED FOR:COWER COUNTY COVERNMENT/BDARD OF COUNTY COMMISSIONERS Phone:(tam 227.0575 PA reamsn-om ID No.:6052 JOB NUMBER ISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET ,,..40.„,„ 090061.00.00 I REV 0 I 3 I 515 I 26E I 1" = 80' 1 7/23/12 I R.A.K. SKD_109FEE3 1 OF 1 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING TILE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 112FEE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-308- 10/23/2012 Item 11.D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 112FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 112FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 112FEE by gill,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 112FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 112FEE,which appraisal also includes a good faith estimate upon which to .,. base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -309- 10/23/2012 Item 11 .D. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 112FEE,and to provide the fee owner(s) a written offer binding on the County in the amount of Forty-Five Thousand Nine Hundred and 00/100 Dollars($45,900.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 112FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 112FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73, 74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page-310- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approves to form and legal/stiff iency, / ` f _ Jeffrey L.Hin. Outside Emin nt Domain Counsel On behalf of effrey A.Klatzkow Collier County Attorney -Page 4- Packet Page-311- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page-312- 10/23/2012 Item 11 .D. / N r �:, -;, a HEDULE II TRACT 3D "-•e 1 of S BARNETT BANK, NA 0 30 60 OR 2210, PG 2146 ■■ FOLIO NO. 34520001403 GRAPHIC SCALE 1" 60' UNPLATTED £ SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 FOLIO NO. 00726640003 N35'38'49-E 111, �° b er 15.00' � �� „SS, �pp OQ 4'6) J,G� 2,550 SF :P o?�,,�oD,, p4), Os S3'3 04"W POB �S 7cy� onS»MO RW r, ,9r r"J 5r7 LEGEND RR — RIGHT—OF—WAY OR — OFFICIAL RECORDS BOOK PB — PLAT BOOK \ SR •• PAGE POB - POINT OF BEGINNING ND. — NUMBER FEE SIMPLE AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 112FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE N5420'28"W FOR 170.02 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N35•3B'49"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1173, PAGE 789 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28'E FOR 170.02 FEET; THENCE S35'39'04"W FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,550 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 15 2012 A At MLW/Os MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jw 4 1011 12.V7 IN*12G017%01100111.00.00 161?•OW barnmellow N„p.r.rb AM 06001 MIMIC•er\M,-9wn A5.100•w 0 We,r17LE-110 6w OO15K0_??RIL0.0 1Di� PROJECT: U.S.41/C.R.951/S.R.951 D%' SKETCH AND LEGAL DESCRIPTION ON iv N 0,11Broteriti PARCEL 112FEE: RIGHT-OF-WAY 6610 W0,w Pnk D,W..Sale TOO PREPARED FOR: COU.IIP COUNTY'GOVERNAENT/BOARD OF COUNTY COMMISSIONERS Phsw:12..0) ; )507,0675 LB N0,:6052 JOB NUMBER ISION SECTION TOWNSHIP RANGE SCALE DATE 71 DRAWN BY FILE NAME SHEET 090081.00.00 I REVISION 3 I 515 I 26E 1 1" 60' ( 6/8/12 1 R.A.K. SKD_112FEE I of 1 \ Packet Page-313-._..___..__.. ....__._.----._____—_ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 113FEE, 113TCE") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -314- 10/23/2012 Item 11.D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 113FEE, 113TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 113FEE, 113TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 113FEE, 113TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 113FEE, 113TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 113FEE, 113TCE, which appraisal also includes a Packet Page -315- 10/23/2012 Item 11 .D. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition,the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 113FEE, 113TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of Fifteen Thousand and 00/100 Dollars ($15,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 113FEE, 113TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 113FEE, 113TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms,conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74, and 127,Florida Statutes. Packet Page -316- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legal s cienc U Ai /Jeffrey L.Hii,ys I Outside Eminent Domain Counsel On behalf Af Jeffrey A.Klatzkow Collier Cc(unty Attorney I -Page 4- Packet Page -317- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS, INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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-318- 10/23/2012 Item 11 .D. N ,I �;U/..,...--::;� R SC' EDULE II -ge 1 of 1 UNPLATTED 0 30 60 SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 GRAPHIC SEALS FOUO NO. 00726640003 1". 60' NN'''<NNNNNNNF . /4. (y. 41itLELYP9rPE 1, 135'39'04" 15.00' F 554'20.28"E TRACT 16 ''' 79.85' II SUNTRUST BANK OR 4384, PG 446 FOUO NO. 55425004005 N54'20'28"W 79.85' 'P S35'39'04"W 113FEE 15.00' 1,198 SF POB /S.W. CORNER 0S OF TRACT 16 f s1P 710 EXISTING RW NNNN. / ' gl LEGEND RW A RIGHT—OF—WAY OR w OFFICIAL RECORDS BOOK PB - FLAT BOOK PG - PAGE \ SRB - POINT O BEGINNING - NO. NUMBER SR - STATE ROAD FEE SIMPLE AKA . ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 113FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY UNE OF U.S. 41; THENCE N54'20'28`W FOR 79.85 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOM SQUARE. AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28"E FOR 79.85 FEET; THENCE 535'39'04"W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 1 5 2012 111/111(1/L MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jr.,&2012 12 st FY RV001\010{RLA0.00 1641 At CR131 F,b 808,Wormrwb MI GGS/IMAM Aw\"h .a','l8808 NW Dw(M1eA',TOFT-M11 1(3FZE0"p PROJECT: U.S.41/C.R.951/S.R.951 DESCRIPTION 11 SKETCH AND LEGAL DESCRIPTION PARCEL 113FEE: RIGHT—OF—WAY 0910 WIIow Perk Woe.Bulk zoo 91.9199.FloWN34100 PREPARED F06 COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pm49.103 575 FAX:(008)5974578 LB No.5952 JOB NUMBER REVISION SECTION TOWNSHIP] RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 I 3 I TO 51S I 26E I 1" — 60' I 6/8/ 12 I R.A.K. I SKD_113FEE I 1 OF 1 ___--_._._._Packet Page-319- .._-..___-------- -. - ----.---------- ----__..___ 10/23/2012 Item 11 .D. Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property ownerslinterest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule IV")and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page -320- 10/23/2012 Item 11 .D. • 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). it it Schedule III-Page 2 of 2 Packet Page -321- 10/23/2012 Item 11 .D. N / Sp / J_ ��►i-' E �FRti LtiA�� SC HEDU IV \Ar'::., 044: 't AFF Pag 1 of 1 s , ., soaq0 GRAPHIC SCALE 4°`0,,2 '/04, 1'« 00, R a '35'39'32«E P�U tip 78 .(0,s S54'20`28'E VI, 7.85' e'e0.- /4,911)444, 40/N35'39'04«E SS�. it a 15.00' • , �I►8�, q 8>"6 7. POC `i� sSOO, �ckic9P ., ms's PO113TCE ,,, �t �S40111 650 54'20'28'05 , 10.009'32«05 ?s00 s 65.00' E%ISINO RW f\LEGEND 4P.7/0 RW • RIGHT-OF-WAY cl OR ■ OFFICIAL RECORDS BOOK 1 7)- PLAT BOOK PG - P013 ... POW OF BEGINNING POC . POINT OF COMMENCEMENT NO. . NUMBER SR . STATE ROAD AKA . ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 113TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'39'041 FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'281 FOR 7.83 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE 1435'39'32'E FOR 10.00 FEET; THENCE S54'20'281 FOR 65.00 FEET; THENCE S35'39'32'W FOR 10.00 FEET; THENCE N54720'281'4 FOR 65.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW TEMPORARY JUN 152012 CONSTRUCTION EASEMENT DURATION - YEARS. � � V/,/,L MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS�I 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Am&2012 1,02 20 R\SON\050[!1.00.00 1001*01051 blrnMbn Inwernommts NW C110.51 00R I00 Nar\M I-AnevUal.ECd,And Dm:Mama\RT-M M 0\800-115702 y TTE�AA** '1'T2�IQ PROJECT: U.S.41/C.R.951/S.R.951 LLL ii SKETCH AND LEGAL DESCRIPTION 3'[�s BO�� PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT 0610 Willow P.k OMI..Sulu 200 Nap100 Redd.34100 PREPARED FOR CODER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS F11o..:(200)007-0675 FAX(200 507.0670 LB Ha:0052 JOB NUMBER REVISION SECTION TOWNSHIP RANCE t1 SCALE DATE t1 DRAWN BY FILE NAME SHEET 090081.00.00 I 2 3 51S 26E f 1" = 40' 6/8/12 I R. K. I SKD_113TCE 1 OF 1 _Packet Page-322- . ----.----..__.�.__. 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION OF ROADWAY, -sifew DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH TILE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 114FEE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-323- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 114FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 114FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 114FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 114FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 114FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page-324- 10/23/2012 Item 11 .D. acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 114FEE,and to provide the fee owner(s)a written offer binding on the County in the amount of Fifty-Five Thousand Eight Hundred and 00/100 Dollars($55,800.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 114FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 114FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from Afetok the property to be acquired. Packet Page -325- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legal sufficiency d /Jeff y L.Hindi Outside EmMent Domain Counsel On behalf otieffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page -326- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 I1. fr.= Schedule I-Page 1 of 1 Packet Page-327- 10/23/2012 Item 11 .D, N / 411I`J r i; �`I E /i.vt,., �� y SCH ` LE II ',:1.y r"-S o 0 4,,p'1d' Page 1 • 1 9 30 Ry1, grtj. LELY RESORT PHASE 1, 9110 4 PB 16, PG 87 GRAPHIC � �O,ry�o 1". 60' ct- QOJo, TRACT 16 y Iv SUNTRUST BANK 4 ' OR 4384, PG 446 QO FOLIO NO. 55425004005 ,titi N35'39'04"E ,' 31100 E c SF �Q' 15.50' s• B 10?g BB, set.s, G , Q ,,S 09 ■6. II, 1$'qr �/ S35'42'25"W ' �R1 15.50' POB �o i qP4aQ CF £ EXISTING RA 4Q'? q � s -NNI:r6z9047).0) - LEGEND NW - RIGHT-OF-WAY • OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PC - PAGE POO - POINT OF BEGINNING NO. - NUMBER SR - SATE ROAD FEE SIMPLE AKA -ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 114FEE INTEREST 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 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N54'20'28"W FOR 199.96 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, N35'39'04"E FOR 15.50 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 16; THENCE LEAVING SAID WESTERLY BOUNDARY, S54'20'281 FOR 199.98 FEET. TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S3542'25"W FOR 15.50 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 1 5 2012 6//1//z CHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. - .- ....>»ti mow MN 20001,0•ocn,.00.110 Vs.,•cwe,re....la.Inprow..b mil 17451 MINIM w..11*;-UM/AS.*Me o..naxanlrer-m.are Mall_1I.nal PROJECT: U.S.41/C.R.951/S.R.951 Ri SKETCH AND LEGAL DESCRIPTION N Mims* PARCEL 114FEE: RIGHT-OF-WAY 8810 WIrw Pat 9 .,&AM ZOO N"ploo.Ronda MI PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OP COUNTY COMMISSIONERS Phom:(299)8974$75 PAL 1299)697-0578 LB No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 1 3 I 51S 26E I 1" = 60' I 6/8/12 I R.A.K. I SKD_114FEE I 1 OF 1 — -- ._._._.-. — Packet Page-328 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 115FEE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the oak comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -329- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to it condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 115FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 115FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 115FEE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 115FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 115FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -330- 10/23/2012 Item 11 .D. acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 115FEE,and to provide the fee owner(s)a written offer binding on the County in the amount of One Million Nine Hundred Fifty Thousand and 00/100 Dollars($1,950,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 115FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 115FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property Aielk sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page-331- 10/23/2012 Item 11 .D. • AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and lega .ufficie : . / Jeffrey C.I Inds Outside Finn-lent Domain Counsel On behaff of.Jeffrey A.Klatzkow Collier County Attorney Ii -Page 4- Packet Page-332- • • 10/23/2012 Item 11 .D. Schedule I .. (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 Aisiw II. Schedule I-Page 1 of 1 Packet Page-333- . • • 10/23/2012 Item 11 .D. N A x SCDULE I Page 1 0 1 S COMMERCIAL PROPERTIES SW, INC.0 50 100 f OR 3595. PG 411 _ FOLIO NO. 34520001908 GRAPHIC SCALE 1".. 100' LELY RESORT PHASE 1. P8 16,TRACT �� SS432s SUNTRUST BANK ' �6C OR 4384, PG 446 'ate Q FOLIO Na 55425004005.4" 4t, (V C� gsp• IV. 44-4IQ2 POB +4.' �\ S.E. CORNER T]OSTWG RB OF TRACT 16 , 115FEE 64,261 SF "∎ V •UNPI.ATTED J MAR INVESTMENTS, LLC r1' (PARCEL 2) ` (PARCEL 1) S OR 4117, PG 1702 "- OR X02' We?p, •LIO NO 0072468000 1.1 G FOLIO NO. ?B \ � ` 34520003003 ?>>\ GS 43.41' 3 41 'V1 r y/ 576.2°p6 LEGEND Ca\ RW ■ RIGHT-OF-WAY 'k T 7Ji4 POBR - CBO RECORDS BOOK r "N.:11 US -IJIUEY CAP EASEMENT C.R. - COUNTY ROAD POO - POINT OF BEGINNING N0. - NUMBER SR - STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 1 1 5FEE FEE SIMPLE INTEREST A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE 554'32'56"E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22. PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S35•41'39"W FOR 237.74 FEET; THENCE S76'20'06"W FOR 43.41 FEET; THENCE N54'20'26"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 64,261 SQUARE FEET OR 1.46 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUN 152012 41/44/ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 bia SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June A 2012/Sp ti e:\IOO.\0.Oior. 0 U94I*GRa5T im�..oFm,anw._.... .Md gam RNA=ph..\F",1 Sw ASO..h Mt C...10,.nr\RE-Ow O. 11t\9r[tII5FEtd PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION IMAlineligral i PARCEL 115FEE: RIGHT—OF—WAY 9610 vAllew Pork Orbs,5101.200 Nepba.F10.4%34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(219)5974676 FAX:(Xill)197-0ST9 LB Na:0952 JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 1 ! 3 515 26E 11" - 100' 1 3/13/12 I R.A.K. I SKD_115FEE I 1 OF 1 4 _.. ._.__.._..._____-_--._._.Packet Page-334- 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN . PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITIH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV(collectively,"Parcel 1 I6FEE, 116TCE1, 116TCE2, 116TCE3")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range Page-335- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3")for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 which parcel is sought to be acquired by the Packet Page-336- • 10/23/2012 Item 11 .D. County. Likewise, the County Manager or his designee is hereby authorized and directed to obtain an appraisal of Parcel 116FEE, 116TCEI, 116TCE2, 116TCE3,which appraisal also shall include a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition. The Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 116FEE, 116TCE1, 11 6TCE2, 116TCE3, and to provide the fee owner(s) a written offer binding on the County in an amount based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action,any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition,the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 116FEE, 116TCE1, 116TCE2, 116TCE3 by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attomey's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. -Page 3- Packet Page -337- 1 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of , 2012. after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved`as to fo``rm and legal stficien y J'effreyfL.Hit ds" Outside Eminent Domain Counsel On behalf of.leffrey A.Klatzkow Collier Count Attorney -Page 4- Packet Page-338- 10/23/2012 Item 11 .D. Schedule I .4464t (Fee Simple Acquisition less Limited Drainage Easement to Owner(s)) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule IL 2. Schedule II describes and depicts a fee simple acquisition from Owner(s)for road construction and related purposes, all being associated with the Project. The County shall acquire a fee simple interest in the property described and depicted on Schedule II. 3. Notwithstanding anything contained herein to the contrary, Owner(s)shall retain a perpetual easement coextensive with the existing stormwater management system (including the stormwater collection, treatment and conveyance ditch located between the driveway / parking lot and Collier Boulevard, as well as the existing ditch-bottom MC inlet) for the purpose of collecting, conveying, and treating stormwater, which system '` ` may remain in place as long as Owner(s)and Owner(s)' heirs, successors and assigns desire. The County shall maintain in perpetuity, as long as such system continues to exist, that portion of the aforementioned stormwater management system and ditch bottom inlet located in the area to be acquired by the County depicted on Schedule II. Furthermore, County grants Owner(s) a perpetual easement to access to the ditch- bottom inlet for the purpose of cleaning-out and/or otherwise maintaining the underground pipe that discharges from the ditch-bottom inlet without the need to secure permission or a Right-of-way Permit from County. Schedule I -Page 1 of 1 Packet Page -339- 10/23/2012 Item 11 .D. N ;;Si i%o s54•2o-o8'E SCHEDULE II W iiiiI-7�i1 E 28.49' UNPLATTED Page 1 of 1 k`",`'� P08 . ABC LIQUORS, INC OR 4259, PG 4111 S FOLIO N0. 007246464 0005 0 30 60 =:=1! / CILIATE SCALE r- 50' *. 3, ` 835'4 2. 1 9-W cb Y � p�`" •j 67.54' L=8.22' R=926.00' A=0'30'31' \ CB=S23'37.44' W 8.22' 835 51'44'W 116FEE 49.69' 9,387 SF � L=90.66' R=938.00' A=5'32'16*S 1 T38 C8=S 1 T38'28'W C=90.62' UNPLATTED RTC. LLC OR 4705, PG 753 N24'31'18'W FOUO NO. 00726725009 70.37' 506'37'5O"E 54.18' N54 21'OO"W 33.57' LEGEND G RW RIGHT—OF—WAY .s OORR i OFFICIAL CORDS BOOK f PLAT BOOK �'7/0 PG — PAGE 11Z cy`y-- POB . POINT OF BEGINNING T {',q NO. = NUMBER •4,, EJ(ISfMC mV C.R. .. COUNTY ROAD "*1y, 1> AKA L.ALLSO KNOWN AS FEE SAL LEGAL DESCRIPTION — PARCEL 116FEE IN TEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS 800K 4259, PAGE 4111 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 951; THENCE S54'2O'O8"E FOR 28.49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID NORTHERLY BOUNDARY, S35'42'191V FOR 67.54 FEET, TO A POINT OF CURVATURE; THENCE 8.22 FEET ALONG THE ARC OF A NON—TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 926.00 FEET, A CENTRAL ANGLE OF 0'30.31', A CHORD BEARING OF 523'37'44"W AND A CHORD LENGTH OF 8.22 FEET,. TO A POINT OF TANGENCY; THENCE S35'S1'44"W FOR 49.69 FEET. TO A POINT OF CURVATURE; THENCE 90.66 FEET ALONG THE ARC OF A NON—TANGENTIAL CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 938.00 FEET, A CENTRAL ANGLE OF 5'32'16", A CHORD BEARING OF S1 738'28'W AND A CHORD LENGTH OF 90.62 FEET, TO A POINT OF TANGENCY; THENCE SO6'37'5O'E FOR 54.18 FEET. TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE ALONG THE SOUTHERLY AND WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED fN OFFICIAL RECORDS BOOK 4705, PAGE 753 THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE N54'21'00'W FOR 33.57 FEET; 2) THENCE N24'31'18"W FOR 70.37 FEET; 3) THENCE N3542'O5"E FOR 216.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 9,387 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW ilibli6L AUG132012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT GN D NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. d,24,2212 tat?W 12•\2207\WWEl.mO0 VW a 0211 5WW 2,YN�+.M,.uA O121 WNW*Rem VA 1 9.6\92,6 AN 0■e222424VR214112/by O21222-112212404 PROJECT: U.S.41/C.R.951/S.R.951 �p11T / ' SKETCH AND LEGAL DESCRIPTION . �,� &661618 PARCEL 116FEE: RIGHT—OF—WAY 6610 WW2 Park DIM•Subs 206 PREPARED FOE: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pacn.:(aco)607-60 FAX(IGQ)607.0571 tB No.:6662 JOB NUMBER 1 REVISION I SECTION I TOWNSHIP] RANGE I SCALE �I DATE I DRAWN BY 1 FILE NAME 1, SHEET 090081.00.00 2 I 3 51S 26E 1" = 60 x%23/72;:.-,-R.A.K. +�•Sl4D t}:SFEE 1 OF 1 -- - .. Packet Page-340- . _ ._.. - - - 10/23/2012 Item 11 .D. Schedule III Asisk (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION.OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of(1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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; Ask provided, however, that Owner(s), their heirs, successors and assigns shall not Schedule III-Page 1 of 2 Packet Page -341- 10/23/2012 Item 11 .D. 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). III i I Schedule llI-Page 2 of 2 Packet Page -342- • 10/23/2012 Item 11 .D. N UNPLATTED ABC V r;:�'i--ail a POC OR 4259, PG 4111 OW. �'v1lf7. FOLIO NO. 00724640005 ,,>, SCHEDULE IV Liiii.;,..30, 10 60 / co Page 1 of 3 9. K GRAPHIC SCALE `' ��' 1•" 'N �• EXISTING S54'21.01"E 30.16' �-� N35'51'44'E `` POB Co'/ 38.85' 554'21'01"E .......} ,`, 18.00' z ohs SF ,b.■R=938.00' '.b1 b L=48.71' a N. A=5'32'16" i R=46.54' CB-N17'38'28"E \ C=90.62' I A=59'57'46" CB=S05'52'51"W \ Ihik C=46.51' S24'06'02'E UNPLATTED 14'81' RIG, LLC NO6'37'S0"W , S35'39'11"W OR 4705, PG 753 19.17' FOLIO NO. 00726725009 54.18' SO6'37'50"E 19.23' TECM-ROW • N54'21'00`W `` 554'20.49"E 18.49• 16.28' JUN 15 2U12 LEGEND S35'39'11'YV RW ° RIGHT-OF-WAY OR _ OFFICIAL RECORDS BOOK A e./ 5.00' PEI _ PLAT BOOK TEMPORARY s PG _ PAGE POB = POINT OF BEGINNING ( PDC _ POINT OF COMMENCEMENT CONSTRUCTION EASEMENT r y� ND. NUMBER 'Q' Cal C.R. _ COUNTY ROAD DURATION SR = STATE ROAD - ��bqy L•'LENAGT� AS YEARS. > �, �R @ RADIUS DELTA CB _ CHORD BEARING C _ CHORD LEGAL DESCRIPTION - PARCEL 116TCE1 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705. PAGE 753 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 951; THENCE S35'42'19 W FOR 86.43 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFN:IAL RECORDS BOOK 4705, PAGE 753; THENCE LEAVING SAID WESTERLY BOUNDARY S54'21.01'E FOR 30.16 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE S54'21'011 FOR 18.00 FEET; THENCE 53551'44"W FOR 78.88 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 48.71 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 46.54 FEET, THROUGH A CENTRAL ANGLE OF 59'57'46', AND WHOSE LONG CHORD BEARS 505'52'51'W FOR A DISTANCE OF 46.51 FEET; THENCE S24•05'02"E FOR 14.51 FEET; THENCE S35'39'1I'W FOR 19.17 FEET; THENCE 506'37'SO'E FOR 19.23 FEET; THENCE 554'20'49'E FOR 16.28 FEET; THENCE S35'39'11'W FOR 5.00 FEET;; THENCE N5421'00111 FOR 18.49 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE N06'37'50"W FOR 54.18 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 90.65 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 938.00 FEET, THROUGH A CENTRAL ANGLE OF 05'32'16', AND WHOSE LONG CHORD BEARS N1738'28'E FOR A DISTANCE OF 90.62 FEET; THENCE N3551.44"E FOR 38.65 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,068 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. //VA& CP1 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 // / DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Am.&IOU 1,15 W WW.A0900111.00.00 U911 1 04151 lAb...e0en knoremmarls And G/S1 RM100[PI,On 1-y.11SIeMaa hut pa'RpMeA170T-IA Am Ot%7MQ./16TCEI A.O Al PROJECT: U.5.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION VieeL11rim 695 Be2eea Alliik PARCEL 116TCE1: TEMPORARY CONSTRUCTION EASEMENT 111110 WBaw Park Bd9e.Sone 200 k>�7m6 Nupies.Harlots 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone.Ti 911) 75 FAX:(250)597-0670 LB Ne.:9952 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE 1 SCALE I DATE I DRAWN BY I FILE NAME I SHEET 090081.00.00 1 3 51S 26E I 1" _ 60' 3/13/12 R.A.K. SKD_I16TCE1 1 of 1 _._.__..._.._,. - — -.. __...._Packet Page -343- - 10/23/2012 Item 11 .D. N / / , .y w - ,F; ,-•ri E SCHED IV o w ,o Page 2 0 GRAPHIC SLUE 1. . 40' / f EXISTING RW UNPLATTED ABC LIQUORS, INC OR 4259, PG 4111 • POB FOLIO NO. 00724640005 POC S54'20'OB"E 1.61' 554'20'08"E 28.49' / / N35'42'19"E / 67.54' / / / 535'37'09"W L=8.22' / 75.58' / R=926.00' TEMPORARY A=0.30'31" / 116TCE2 CB=N23'37'44"E 119 SF C UCTION EASEMENT C=8.22' YEARS / UN PLATTED RTC, LLC OR 4705, PG 753 a FOLIO NO. 00726725009 LEGEND RW - RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK . PG - PAGE POB - POINT OF BEGINNING POC - PONT OF COMMENCEMENT NO. - NUMBER C.R. - COUNTY ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 116TCE2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 951; THENCE 554'20'06"E FOR 28,49 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID NORTHERLY BOUNDARY 554'20'08"E FOR 1,61 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY 53537'09"W FOR 75.58 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 8.22 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 926.00 FEET, THROUGH A CENTRAL ANGLE OF 0'30'31", AND WHOSE LONG CHORD BEARS N23'3744'E FOR A DISTANCE OF 8.22 FEET; THENCE N35'42'19"E FOR 67.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 119 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW AUG 132012 *lilt - MICHAEL A. WARD PROFESSIONAL LAND RV 5 L LA 0 SU EYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Mp=t Ia 2011 tea AY 9:%2WP\W IAaG0 UM•0A03I al.. V-,Mqe-„-b Mg CR931 RRRVRS Pf.\W,73v.q\9Mbe ML 0.¢41IS.VL-V fb•03490_,IIICl2d.p PROJECT: KETCH AND LEGAL DESCRIPTION ji spy i Pkowsx Vhodurtlon PARCEL 116TCE2: TEMPORARY CONSTRUCTION EASEMENT BB10WVa Pa&Dlh..Biro 200 Napa.FleFds 34168 PREPARED FOR amino COUNTY common/Rom or cowry COMMISSIONERS Nom 12381697-0575 FAX:OM FX7-0573 LB No.:6864 JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 3 3 51S I 26E I 1" - 40' 8/10/12 J R.A.K. SKD_116TCE2 # 1 OF 1 Packet Page-344--- I 10/23/2012 Item 11 .D. N R it&'� , E SC EDULE IV �=k` Page 3 of 3 S UNPLATTED 0 20 40 RTG, LLC OR 4705, PG 753 GRAPHIC SCALE FOLIO NO. 00726725009 r- ac, NNNe / 1167 E3 3.164 SF ham? 1 UNPLATTED •Y �� SOUTHERN DEVELOPMENT CORPORATION, INC. (PARCEL 4) FOB OR 4380. PG 3511 FOLIO NO. 00725960001 MANG RN 4.1•...'4. L. It r hr 14 'N.\LEGEND ) RIGHT-OF-WAY OR ■ OFFK;IAL RECORDS BOOK PG ■ PACE BOOK P09 - POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. . NUMBER SR ■ STATE ROAD AKA■ ALSO KNOWN AS N. LEGAL DESCRIPTION — PARCEL 116TCE3 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF "PARCEL 4" (LYING ON THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41) AS RECORDED IN OFFICIAL RECORDS BOOK 4380. PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE N54-21'00"W FOR 70.32 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE N35'35.35"E FOR 45.00 FEET: THENCE 554'21'00"E FOR 70.32 FEET; THENCE S35'38'35"W FOR 45.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID 'PARCEL 4", TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,164 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I� TEMPORARY TECM - ROW CONSTRUCTION EASEMENT JUN 1 5 20i2 DURATION 3 YEARS. MIC A. WARD PROFESSIONAL LAND SURVEYOR LS{ 5301 ill] SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. any U.1010 86?OW R\1q'0000e1.W 00/0O t CMS.MwsW,Y^Y..^,s+MO OM/M4110X Pam\.i-.Sa..e\ermn Ant u.cMw,•\1¢-w w+ol19iA 11e'm ao PROTECT; U.S.41/C.R.951/S.R.951 W c� Vlowfmtbas SKETCH AND LEGAL DESCRIPTION �a a ggaa&WM PARCEL 116TCE3: TEMPORARY CONSTRUCTION EASEMENT 8610•8610 111100r Po*Drive,swlem0 Md..Florid.PREPARED FOR C O L L I E R COUNTY GOVERNMERT/EOARD OF COUNTY COMNIESIONERS Pheee R5% x11" 15514575 La Ne:4442 J08 NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET • 090081.00.00 I 1 I SEC 3 I.TO 51S I 26E I = 40' _ 3/13/12 I R.A.K. I SKD_116TCE3 I OF 1 -_..._ _..____. Packet Page -345- I ...... ... 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 117FEE")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment, long range Packet Page -346- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 117FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board fords that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 117FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 117FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 117FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 11/FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -347- i 10/23/2012 Item 11.D. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 117FEE,and to provide the fee owner(s) a written offer binding on the County in the amount of Eighteen Thousand and 00/100 Dollars($18,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 117FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 117FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page-348- 10/23/2012 Item 11 .D. This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY.FLORIDA By: FRED W.COYLE,CHAIRMAN Appro d as toorm and le 'dent t t Jeffrey L.Hinds Outside Eminent Domain Counsel On behalf ofJeffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page-349- 1 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 IL Schedule I-Page 1 of 1 Packet Page-350- 10/23/2012 Item 11 .D. " SC ULE II 4i►+\ Page of 1 UNPLATTED RIG, LLC 0 40 110 OR 4705, PG 753 FOUO NO. 00726725009 GRAPHIC SCALE I." BO, NNNNP UNPLATTED SOUTHERN DEVELOPMENT CORPORATION. INC. N3S38'35"E (PARCEL 4) 10.00'7 OR 4380, PG 3511 FOLIO NO. 00725960001 •4• • 117FEE 4•• ,y UNPLATTED 2,215 SF ' SOUTHERN r • 'T DEv E OOPMENT ;',•*:.: / CORPORATION. IN C. (PARCEL 3),."gr OR 4380, PG 3511 �!�49 FOLIO NO. 00726040001 4,• GS •*. S3525'5211N ' O POB 10.00' >z LEGEND RN- RIGHT—OF—WAY FEE SIti1Pt.E OR A OFFICIAL RECORDS BOOK PB- PLAT BOOK PGA PAGE IMERE$T PDB.. POINT OF BEGINNING NO._ NUMBER SR A STATE ROAD AKA A ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 11 7FEE 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 "PARCEL 4' AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380. PAGE 3511 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N54 21'25"W FOR 221.46 FEET ALONG SAIO NORTHERLY RIGHT—OF—WAY UNE OF U.S. 41; THENCE N35'38'35"E FOR 10.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 4; THENCE LEAVING SAID WLJILNLY BOUNDARY 55•21"25"E FOR 221.44 FEET; THENCE S35'25'52"W FOR 10.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 4, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,215 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG 15 2m2 /WAIL' MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAA SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .W M ant MN w U7.WAN4.'.4 O2 14 a DWI h2n44401.br,.,..,d.OM Opt SWAM/Y&.A,,i.wA2YIt W O.e.ah..1117-111 O..401022,1f1712,0•2 I Ile. PROJECT; U.5.41/C.R 951/SLR 961 15 uoh SKETCH AND LEGAL DESCRIPTION 4th PARCEL I I7FEE: RIGHT—OF—WAY w1oWlMOp.adU.&he NO PROPAI®FOIL COLLIER COUNTY GOTERNET1T/BOARD OF COUNTY COWIIESION RRS Phone "xX:W RhN LAN..: taaleap�Te SCALE X1.00.00 I RE�2wN I SECTION I TOW1SHFP I 26E I 1" 80' f 7/23/12 I DRAWN..A.K.. I SKD_1117FEE I 1 OF 1 — _._ _._._.Packet Page-351- —_____.._________________________ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 118FEE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -352- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. Aostote NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 118FEE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project, as ott well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 118FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 118FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. II AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 118FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 118FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page-353- 10/23/2012 Item 11 .D. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 118FEE,and to provide the fee owner(s) a written offer binding on the County in the amount of Twelve Thousand and 00/100 Dollars($12,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 118FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 118FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page-354- • • 10/23/2012 Item 11 .D. This Resolution,adopted on this day of ,2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approve to form.nd legal fi 'ency/�/ : 0 i jt` /Jeffrey L.Hinds/ Outside Eminent Domain Counsel On behalf of Jeffrey A.Klatzkow Collier County Attorney AMU -Page 4- Packet Page -355- • 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION, OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. iI Schedule I-Page 1 of 1 Packet Page-356- 10/23/2012 Item 11 .D. H SCHEDULE II i va 9 . I. Page 1 of 1 B !r►___�. g 0 40 80 UNPLATTED GRAPHIC SCALE SOUTHERN V'• BO' DEVELOPMENT CORPORATION,INC. (PARCEL 4) OR 4380, PG 3511 FOUO NO. 00725960001 N3525'52"E 10.00' UNPLATTED DCISTNG - SOUTHERN DEVELOPMENT CORPORATION, INC, P08 ♦ (PARCEL 3) ♦ OR 4380, PG 3511 FOUO NO. 00726040001 118FEE "��♦j 1,518 SF ?ate♦■{�3 7,›46, tr, S35'39.55"W 10.00' A. `00'VG +fq /Yip Yi RW LEGEND RISHT—OF—WAY PB B P i PAT FFICIAL RECORDS BOOK BOOK PG - PAGE FEE NOB POINT NI R of BEGINNG NO. NUMBER • INTEREST A NA. ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 118FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF "PARCEL 3", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380. PAGE 3511 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE N35'25'52'E FOR 10.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID "PARCEL 3"; THENCE LEAVING SAID WESTERLY BOUNDARY 554'21'25"E FOR 151.83 FEET; THENCE 535'39'55"W FOR 10.00 FEET; THENCE N54'21'Z5'W FOR 151.79 FEET ALONG 7HE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,518 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM— ROW AUG 162012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAD SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ,rwS 14 MU KO w k\2 I.acc sail•a s,.wI•s e S,. .fl•w MOO Santo.,MW n.r wr MN**4 Den awwaS I -fl ww O1S.swt.,eww:wg PROTECT: U.S.41/C.R.951/S.R.951 R SEETCH AND LEGAL DESCRIPTION ! 4 PAR CEL IIBFEE: RIGHT-OF-NAY 11610 Pft din.WY BOO Naha.PREPARED FOIE COWER CORHSY GOVERNMENT/BOARD OF COUNTY COMMONERS Pke,w:rum w74O FFAK�:1VaNFFMKRI JOB NUMBER I IB No.:SITU REVISION `SECON I TOWNSHIP 826 I SCALE 1 DRAWN I SHEET 090081. 00 5E ' 80' 3/13/12 R.A.K. SKO_1 8FEE i OF 1 .,, Packet Page-357-_ _.__..----_---_-_---.._ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- . 'I A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE") attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -358- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I, Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project,as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 119FEE,119TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 119FEE, 119TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Amok Parcel 119FEE, 119TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 119FEE, 119TCE, which appraisal also includes a Packet Page -359- 10/23/2012 Item 11 .D. good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition,the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 119FEE, 119TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of One Hundred Fifteen Thousand Two Hundred Fifteen and 00/100 Dollars ($115,215.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence,the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 119FEE, 119TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 119FEE, 119TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms,conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74, and 127,Florida Statutes. Packet Page -360- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from Oft the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to form and legs ciencyr / Jeffrey L.Hiris Outside Eminent Domain Counsel On behalf of Jeffrey A.Klatzkow Alikt Collier County Attorney -Page 4- Packet Page -361- 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY.DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 • II. Schedule I-Page 1 of 1 Packet Page-362- • 10/23/2012 Item 11 .D. N SCHE LE II 1,�nro 7Of1 Fr:► _ e 0 fro WI uririlYn�i GRAPHIC SCALE 1'' LO' S5417'411 28.50' UNPLATIED EAST STORESMART / NAPLES, LLC hiI (PARCEL A) OR 4741, PG 1535 FOLIO NO. 00724560004 ry�4 �� k 4,241 SF iI ke POB 411111 �y UNPlAT7ED ABC LIQUORS, INC EXISTING RB ,t_N5420'08'W OR 4259, PO 4111 e 28.49' FOLIO NO. 00724640005 <NN., c", A' UNPLATTED RTG, LLC LEGEND OR 4705, PG 753 LE RECORDS BOOR FOLIO NO. 00726725009 PS . PLAT BOOK PC . PAGE P08 Is POINT OF BEGINNING \ FEE SIMPLE NO. . NUMBER C.R. . COUNTY ROAD LEGAL DESCRIPTION - PARCEL 119FEE INTEREST ANA_Also NrIOPm As A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBIC RECORDS OF COLLIER COUNTY, FLORIDA. ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY UNE OF C.R. 951; THENCE N35•42'05'E FOR 148.83 FEET ALONG THE EASTERLY RIGHT—OF—WAY OF C.R. 951; THENCE S54'17'41"E FOR 28.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111: THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S3542'19'W FOR 148.81 FEET, TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE N54'20'08"W FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 4,241 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH- ROW AUG 15 2012 lAitAl/iit - MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR L.S/ 5301 DATE LNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE At RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Ny f4 ID/S IWtO NY I,AS tANX WI r cam r.,.6,Nl.ww.,,A CAW'aqua NtsAtN tyr„yAamka Ntt 6.r►W,A1C#RI..SWlLtIMI7yi PROJECT: U.S.41/C.R.951/S.R.961 1; Tai C1Ft,7 voe.o SKETCH AND LEGAL DESCRIPTION J .''!1f� �t�lNnit PARCEL 11WEE: RIGHT—OF—RAY sneWM,PrtMl..suA tee NalIw.R.MR WIN PREPARED FOR:COWER COUNTY GOVERNNENTMOARE OF COUNTY CONNISSIONERS Play:pul07a675 PAX:N L0741Th LBNa:IIK JOB NUMBER 090081 OQ.00 I REVISION I SECTION I TOWNSHIP` RANGE 6 E 1 1 SCALE 60' 1 7/23/12 1 D R K. I SKD_1 NNE I I SHEET OF 1 Packet Page-363- 10/23/2012 Item 11 .D. Schedule III (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION.OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.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 IV") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule IV. 2. Schedule IV describes and depicts a Temporary Construction Easement("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule IV as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule III-Page 1 of 2 Packet Page-364- • 10/23/2012 Item 11 .D. 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). Alisk Schedule Ill-Page 2 of 2 Packet Page-365- 10/23/2012 Item 11 .D. R // CHEDULE IV / ,��e,► , 8 / o,'� Page 1 of 1 N.1■lel Vri i / 4 S // 4411944 0 20 40 / `d'"?. GRAP81C SCALE C0 / 40' UNPIATTED 1•s L 554'17'4t'E EAST STORESMART E7051IKG FM 16.60' NAPLES, LLC 7 / OR 4741. PGA ' 1535 FOLIO NO. 11 DICE 11111 00724560004 1,911 SF .36'50N �� ' 53.62' lit ..31111 N54'21.011‘ AO' 5.00' i / ll S35'38'59'5 85,87' UNPLATTED NNNNNNNNNt... ROB ABC LIORS, INC OAR BC PG 4111 POC ` Ai FOLIO NO. 00724640005 �up�� ll S54 20'06 E .4`..N54.21'O7w `�rYRARY 10.14' EASEMENT N54'20'08V.\ LS338'S9'W / DURATION 3 YEARS. LEGEND / R RIGHT-OF-WAY / UNPLATTED OR . OFFICIAL RECORDS BOOK / RIG, LLC •PB PLAT BOOK PG PAGE OR 4705, PG 753 POB . POINT OF BEGINNING FOLIO NO. 00726725009 & NO.PO C • POINT OF COMMENCEMENT . NUMBER S.R. .STATE ROAD AKA•ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 119TCE A PARCEL OF LAND LYING IN SECTION 3.TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 951: THENCE 55•20'08"E FOR 25.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY N35'42 19'E FOR 148.61 FEET,TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE S54'17'41`E FOR 16.60 FEET ALONG SAID NORTHEASTERLY BOUNDARY; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'3B'59Ni FOR 53.62 FEET: THENCE N54'21'01'W FOR 5.00 FEET; THENCE 53638'591V FOR 85.87 FEET; THENCE N5471'01"W FOR 10.14 FEET: THENCE S35'36•59'W FOR 9.32 FEET.TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111; THENCE N5420'081Y FOR 1.51 FEET, ALONG SAID SOUTHWESTERLY BOUNDARY 10 THE POINT OF BECOMING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDTECM-ROW A0615 2012 L,t t5tZ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 TE�IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE k RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A..la nu iwo me a set Mosul oat a wwr 106 •14...n...N A,ms,n.00('W.V.r-,o wls.....A-aiwwe.Va-4r n.on1.6-1.Qre PROJECT: 11.S.41/C.R.951/S.R.951 I » SKETCH AND LEGAL DESCRIPTION I PARCEL IIBTC8: TEMPORARY CONSTRUCTION EASEMENT MIT Kl6.,hA DIN.,6.w 166 PREPARED TOE:COWER COUNT!GOYEERIIBRT/BOARD OP COURT!COYIB8SIONERS Maw VA AoFXpa Ega6T6 1.11Na:M6!FILE JOB 09 081.00E ] REVISION i SECTION( 1 TOWNSHIP 26E 1' .µ40' 8/0/12 J DRAWN R K. I SKD_119TCE 1 SHEET 1 • PacketPage -366- ____.._....._...__.____ _________________.___. 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 120FEE")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment, long range Packet Page-367- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 120FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 120FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 120FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 120FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 120FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page-368- 10/23/2012 Item 11 .D. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his Alakk designee to negotiate in good faith with the fee owner(s)of Parcel 120FEE, and to provide the fee owner(s)a written offer binding on the County in the amount of One Million One Hundred Four Thousand and 00/100 Dollars($1,104,000.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 120FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 120FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -369- • 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of .2012.after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Appro d s to form and leg s> ency: t, Jeffrey,L.Hind- Outside Emilie t Domain Counsel On behalf of.I ffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page-370- 10/23/2012 Item 11 .D. Schedule I ,, :. (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page -371- 10/23/2012 Item 11 .D. N / / �.- ,;,---;..., /4.1 h ! it E SCHEDUL II !;I„�,. Page of 1 S TC PROPERTY VENTURE. LLC 0 100 200 / OR 2036 NO. FOLIO NO. 3455 20002004 GRAPHIC SCALE 1"• 200' • COMMERCIAL FREEDOM SQUARE PROPERTIES SW, INC. PB 22, PG 56 h OR 3695, PG 411 L■308.79' "f' 4 CO FOLIO NO. 34520001908 R=3026.00' 9 6=5'5O'49" 4.!CB=N39'35'13"E `.0. V ' C=306.66' • E. N36'39'48"E oK ,, 2? 46.52' POB ' i N.W. CORNER ��' A EWIING RW OF TRACT 16 2'h `�O) �� •8p, 120FEE •, ,127.969 SF y ?p�8 ' N35'42'25'E Kb A i � "�,** ?Y 1 5.21' . SAP g /.// NEW PLAN FLLLB �. ?. / 4. nWa72ui°° 9 A, ,st. Fx70 wo 5a�o�oo�ooa 4%4. Taxa 2) tb,"iii,Z, , 1:41 4117, EWO w. LEGEND 34820003903& RW 4. RIGHT-OF-WAY S / OR 4. OFFICIAL RECORDS BOOK C.R. .4 COUNTY ROAD t' 4P 14 '''S'(fi� C P09- POINT BEGINNING NUMBER L .4 LENGTH ��1 R - RADIUS ��cC A .• DELTA r�G SI CO - CHORD BEARING INTERE l+ C - CHORD LEGAL DESCRIPTION - PARCEL 120FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COWER COUNTY. FLORIDA BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF RELY RESORT. PHASE 1. RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE N3•39'04'E FOR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E, AS SHOWN ON THE PLAT OF FREEDOM SQUARE. RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA; THENCE LEAVING TRACT 3E, 654'22'14"E FOR 307.80 FEET; THENCE N3619.481 FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 306.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 05'50'49", AND WHOSE LONG CHORD BEARS N39•35'13'E FOR A DISTANCE OF 308.66 FEET; THENCE 554'20'51'E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695. PAGE 411 OF THE PUBIC RECORDS OF COWER COUNTY. FLORIDA; THENCE S3•41'391W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE PLAT; THENCE N54•32.56-1V FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL. RECORDS BOOK 4117, PAGE 1702 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE N35'42'25-E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16, AS SHOWN ON SAID LELY RESORT, PHASE I PLAT, TO THE NORTHEASTERLY CORNER OF SAID TRACT 16: THENCE N54'20'28'W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HERON DESCRIBED. CONTAINING 127.969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW JUL062012 MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A=O.20■2 t:31 ti IE\20011\000001.00.00 UPI•CIM51 140.,,Ermorntr Md P1051 422\822 new\M,,-44+4,\:1..I M•d p.5M .V -NW M/02\040_120FEL04. PROJECT; U.S.41/C.R.951/S.R.951 pjArki SKETCH AND LEGAL DESCRIPTION illiminealillarawmg PARCEL 12OFEE: RIGHT-OF-WAY 6679 W110w PIA WM.8,66200 PREPARED FOR: COWER COUNTY GOVERMENT/BOARD DF COUNTY COMMISSIONERS Phone:038170877Raid.%1259)057-0576 LB NR:6862 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATA DRAWN BY FILE NAME SHEET r.,090081.00.00 [ 2 I 3 51S I 26E I 1" .. 200' ( 6/8/12 R.A.K. I SKD_120FEE 1 OF 1 ` Packet Page 372-_____....._..__..-----.__—_ __----_.-_ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN ;„, PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 121 TCE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -373- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 121TCE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 121TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 121TCE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 121TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 121TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -374- 10/23/2012 Item 11 .D. property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 121TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of Two Hundred and 00/100 Dollars($200.00),which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 121TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 121TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73, 74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. Packet Page -375- 10/23/2012 Item 11.D. This Resolution, adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approv-. as to fopn and legal f'ciency,,f fC, f/a effre, L.Hinds Outside Eminnt Domain Counsel - On behalf oftJeffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page -376- 10/23/2012 Item 11 .D. Schedule I Ask (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION.OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION• SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such 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 II. 2. Schedule II 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 II as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule I-Page 1 of 2 Packet Page -377- 10/23/2012 Item 11 .D. 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 I-Page 2 of 2 Packet Page-378- 10/23/2012 Item 11 .D. N !1; SCHEDULE II F . -*:1 a p (§3 ��a_- o4'0 0 . yPage 1 of 1 047442. :fa) 0 20 40 `per,,, h r GRAPHIC fi Cg Q. g� �,< � 1'" 40' (I-. �p�0 46�g^ti L c,, piFor s 4 EXISTING RW� qP N35'42'19'E POB S54'1T41"E ?664'15 1 13.85' 5.00' �OCy 121TCE �) �g"f4o 69 SF I, /�, °<�h 53542'19'W 306 S�C.gCC 0 13.85' \p Ga t AE-,yT,. 00>>5 tip,2'�0°j N54'17'41 W q 8�2�� 0 C,QV 5.00' ` ~ 0�eSj 2j0,4 �,I,C 1 0496,--�. , 1 �! c,4rv�F',�'Y° \LEGEND 4 0%(�Qh.,•o0 RW - RIGHT-OF-WAY e` O' ' OR - OFFICIAL RECORDS BOOK C � PB .. PLAT BOOK h s PG - PAGE OJp J�2 POB .. POINT OF BEGINNING 40 NO. . NUMBE FCC - PONT R OF COMMENCEMENT C.R. - COUNTY ROAD 7. AKA a ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 121TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE RIGHT-OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938. PAGE 709, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE 554'17'41"E FOR 5.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID 100 FOOT WIDE ACCESS EASEMENT; THENCE 535'42'19"W FOR 13.85 FEET; THENCE N54'17'411W FOR 5.00 FEET: THENCE N35'42'19"E FOR 13.85 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT-OF-WAY CONVEYANCE, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 69 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW TEMPORARY JUN 1 5 2012 CONSTRUCTION EASEMENT DURATION 3 YEARS. //111,/f/(-/ 4lfs'1V MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. •_6.2012 1.30 w 200.',20 1.030 OSH•arm h8.wclW..wwnrb M.CRPSf m\101 Pb,.'M,-S•■•A,0a.5 Md 0.Wtlw\TC[-*W IM COVMDD--rWWMlp PROJECT: U.S.41/C.R.951/S.R.951 DESCRIPTION R` A SKETCH AND LEGAL DESCRIPTION PARCEL 12ITCE: TEMPORARY CONSTRUCTION EASEMENT 56m WBow Perk Drive.sub 2OO PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OP COUNTY C0MMISSIONERS Phone.12220 6776 FAX:L2310 607.)570 LB Na:2052 JOB NUMBER 1 REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I 3 51S I 26E 1" s 40' 3/13/12 L R.A.K. I SKD_121TCE I 1 OF 1 _-.-.._.____._._. —.___._..._....._._. �_Packet Page -379--._ .._... — - _____-----------_____.--.__ 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel I22TCE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page-380- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 122TCE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project, as opook well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 122TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 122TCE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 122TCE which parcel is sought to be acquired by the County. Having previously ,rte: obtained an appraisal of Parcel 122TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the Packet Page -381- 10/23/2012 Item 11 .D. property sought to be acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 122TCE,and to provide the fee owner(s)a written offer binding on the County in the amount of One Thousand Seven Hundred and 00/100 Dollars ($1,700.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 122TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 122TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73, 74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page-382- • 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approv-^ as to form and legs ufrcie f 1 Jeffrey L.Hint, Outside Emin nt Domain Counsel On behalf of Jeffrey A.Klatzkow Collier Countly Attorney -Page 4- Packet Page-383- 10/23/2012 Item 11 .D. Schedule I (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY.DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.601161 The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property ownersfinterest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such 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 II. 2. Schedule II 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 II as a temporary construction easement area for the purpose of (1) constructing roadway, bikepath and sidewalk improvements, drainage structures (including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures), and any and all manner of public and private utility facilities within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project,any improvements depicted in Schedule II,and for restoring the temporary construction easement area. 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 Schedule I-Page 1 of 2 Packet Page-384- 10/23/2012 Item 11 .D. 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). I I Schedule I-Page 2 of 2 Packet Page-385- 10/23/2012 Item 11 .D. K 44.6.-% SCHEDULE II I,. t r ,: e o��.�° Page 1 of 1 s , 0 20 ro ... s�• g GRAPHIC�o CP4,� GOQ. i. �,^g,_ 1•. 40' �� ^ryAxh V' EASING S54'17'411 `��, e ♦ 5.00' `� e 122TCE AI : 481 SF 4° 4° I�g pry/ �A �4zV P08 I/ti",y OR?SRS 3 N54'17'41"W )/ A0 6, 5.00' I 9Rir`F QQT O O a �,�s� O,N bit I O q• k o�� e�^ry�y O \LEGEND RW - RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK K20' S PB . PLAT BOOK ¢ PG - PAGE �Gj' o`O J�Q PCB • PONT OF BEGR4NING F POC - PONT OF COMMENCEMENT NO. - NUMBER C.R. - COUNIY ROAD 7. AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 122TCE 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 INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS DESCRIBED IN OFFICIAL RECORDS 900K 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE RIGHT-OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, BOTH OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE N3542'19"E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT-OF-WAY CONVEYANCE; THENCE LEAVING SAID EASTERLY BOUNDARY, S54'17'41"E FOR 5.00 FEET; THENCE 535'42'19"W FOR 96.15 FEET: THENCE N541 7'41"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 481 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM- ROW TEMPORARY JUN 1 5 2012 CONSTRUCTION EASEMENT .. • DURATION 3 YEARS. /1/1/(All Lit„, /y MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA E SIGNED NOT VALID WRHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jun It 2012 toe MY 0`7000\0000.I-00.00 0511 I asst wt"..ctl,e Ynre..nw,s wI a1951 MM70:11.r\►0 r-lumAihrloh wm we,rtls.\ra-OW ow 02430...1a7cF-eR TT NC. PROJECT: U.S.41/C.R.951/S.R.951 YMIIm SKETCH AND LEGAL DESCRIPTION {WI wee�0tl16j PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT 6616 Mow Pat Wm,Stile 200 Naples.Roe&64109 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597.0575 FM:(269)59741576 LB No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 I 3 I TO 51S I 26E I 1" = 40' , 6/8/12 I R.A.K. SKD_122TCE I 1 OF 1 Packet Page -386- 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 123FEE")attached hereto and incorporated herein;and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any damages to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment, long range Packet Page-387- 10/23/2012 Item 11 .D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 123FEE") for construction of the Project is an integral part of the County's long range planning effort,and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property rights acquisition,and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board fmds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 123FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 123FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes, for Parcel 123FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 123FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be _Anon 7_ Packet Page-388- 10/23/2012 Item 11 .D. acquired and,where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 123FEE,and to provide the fee owner(s)a written offer binding on the County in the amount of Three Hundred Ninety-Four Thousand and 00/100 Dollars ($394,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 123FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 123FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73, 74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page-389- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this day of ,2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE,CHAIRMAN Approved as to fo and legal sat ciencyf ffrey L.Hint r Outside Eminent Domain Counsel On behalf of Jeffrey A.Klatzkow Collier County Attorney -Page 4- Packet Page-390- • 10/23/2012 Item 11 .D. Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule 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 II. Schedule I-Page 1 of 1 Packet Page -391- 10/23/2012 Item 11 .D. N \P ?4, SCHE R LE II �r . 0 l P.•e 1 of 1 ,1,:'ti% e"00' Oe„ 6,bilk 44) 0 50 100 e, _v��o NO714'331 654'21.14"E L-3929' GRAPHIC MALE L-71.07' 11.58' 35.54' R=25.00' • 100' R=3347.00' .0=1'13'00' 'AN A-9O' 'S3" / CB-N43'40'15"E 0 CB=509'20'18"E 71.07 C=35.35' NO223'10'1M P08 / 18.28' S.E. CORNER OF TRIANGLE L=124.68' BLVD. AT C.R. f R=3334.00' 951 PER PS / A= , . / 16 PG 87 CB=N4 SECTION P N 34,TR .SOS ROE.20E C- 4.65 SECigM 3,1RSP,515 ROE 28E f FREEDOM SQUARE / PS 22. PG 55 ESPROP LLC CP R. OR 4787, PG 658 S&'. .4 �� FOLIO NO. 34520002004 .4,1" 0 c/ k��b� co L=49.48' /.1. R=3026.00' cp 47 /1.0•56'13".1 C=49.48' /LEGD 123FEE N5420'S1"W 41,788 SF / �` 1,110.3Z a RIP - RIGHT—OF—WAY / / OR= OFFICIAL RECORDS HOOK PG- PLAT BOOK FREEDOM SQUARE 0, — PAGE■PEI 22. PG 56 FOB - POINT OF BEGINNING NO. . NUMBER COMMERCIAL PROPERTIES SW, INC. EXISTING RW - LENGTH OR 3695. PG 411 R -RADPJS FOLIO NO. 34520001808/ x. � � G8 CHORD BEARING INTERES c -CHORD LEGAL DESCRIPTION - PARCEL 123FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST AND SECTION 34, TOWNSHIP 50 SOUTH,RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT. PHASE ONE. RECORDED IN PLAT BOOK 16, PAGES 67 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE S35141'39'W FOR 519.87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F, FREEDOM SQUAREE,AS RECORDED IN PLAT BOOK 22. PACE 56 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA; THENCE N54'20'51'W FOR 110.32 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4787, PAGE 658 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE 49.48 FEET ALONG A CURVE TO THE RIGHT, HIVING A RADIUS OF 3026.00 FEET,THROUGH A CENTRAL ANGLE OF D0'5613", AND WHOSE LONG CHORD BEARS N4758'43'E FOR A DISTANCE OF 49,48 FEET: THENCE N43'26'581 FOR 280.00 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE 124.66 FEET ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 3334.00 FEET,THROUGH A CENTRAL ANGLE OF 02'08'32, AND WHOSE LONG CHORD BEARS N4T46'16"E FOR A DISTANCE OF 124.55 FEET; THENCE NO223'1O'W FOR 18.28 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE 71.07 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 3347.00 FEET,THROUGH A CENTRAL ANGLE OF 01'13'00", AND WHOSE LONG CHORD BEARS N43'40'16"E FOR A DISTANCE OF 71.07 FEET: THENCE NO2'14133"E FOR 11.58 FEET,TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF TRIANGLE BOULEVARD,AS SHOWN ON THE PLAT OF L.ELY RESORT, PHASE ONE. RECORDED IN PLAT BOOK 16, PAGE 67 THROUGH 99 OF THE PUBLIC RECORDS OF COUJER COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY RIGHT—OF—WAY LINE OF SAID TRIANGLE BOULEVARD THE FOLLOWING TWO (2)DESCRIBED COURSES: 1) THENCE S54'21'14'E FOR 35.64 FEET, TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 39.29 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET.THROUGH A CENTRAL ANGLE OF 90'02'53', AND WHOSE LONG CHORD BEARS SOW2O11Bt FOR A DISTANCE OF 35.36 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. APINGSQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW f3jjLhz, AUG 16 2012 MI EL k WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .w1'3 SOK 3p1 76 e\mG.14l..4I.62 1 1E41 A 01071~mos 4.44....w 6 d CM,4411444 P.A.%f-11.43464016 rn Oft4444441%1444,Awe n..A_,sprto.p PROJECT: U.S.41/C.R.951/S.R.901 SXETCB AND LEGAL DESCRIPTION RWK PARCEL 128PEE: RIGHT-OP-RAY IMO W6".P.AO,s.6.M 101 N.Pin,P8fld.11104 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY CI111OSSWNERS Pnmc€%sw•osn FAX SIR lW-sn L5 N..:MU JOB NUMBER 1 REVISION I SECTION I TOWNSHIP I RANGE I SCALE I DATE I DRAWN BY I FILE NAME SHEET 090081.00.00 1 334 BSS 28E 1" = 100' 3/13/12 R.A.K. SKD,-123FEE I 1 OF 1 Packet Page-392-__. 10/23/2012 Item 11 .D. RESOLUTION NO. 2012- A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION 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); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program(Project No.60116);and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard;and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way;and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II(collectively,"Parcel 124FEE")attached hereto and incorporated herein;and WHEREAS,the County has caused appraisals to be prepared of the property necessary for the aforementioned Project;and WHEREAS,based on the aforementioned appraisals,the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and,where less than the entire property is sought to be acquired,any d Images to the remainder caused by the acquisition;and WHEREAS,the Board has appropriated revenue for the aforementioned Project and for the property to be acquired;and WHEREAS, after consideration of the availability of alternate routes and locations,the comparative costs of the project alternatives,various impacts upon the environment,long range Packet Page -393- 10/23/2012 Item 11.D. planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of roadway,drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program(Project No. 60116), is necessary and in the public's best interest in order to protect the health,safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition of the land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 124FEE") for construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report discussing competing alternatives for construction of the Project, and the costs associated with the design,property tights acquisition,and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project,and various impacts to the environment,and the Board finds that after consideration of these issues,the at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements,which improvements require the acquisition of Parcel 124FEE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 124FEE by gift,purchase or condemnation in accordance with the provisions of Chapters 73,74 and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015,Florida Statutes,for Parcel 124FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 124FEE,which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be Packet Page -394- 10/23/2012 Item 11 .D. acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s)of Parcel 124FEE,and to provide the fee owner(s) a written offer binding on the County in the amount of One Hundred Eleven Thousand and 00/100 Dollars ($111,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman(or in his absence,the Vice Chairman),without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 124FEE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication,and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74,Florida Statutes,and is further authorized to accomplish the acquisition of Parcel 124FEE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including,but not limited to,the provisions of Chapters 73,74,and 127,Florida Statutes. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Packet Page -395- 10/23/2012 Item 11 .D. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution,adopted on this day of , 2012,after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: FRED W.COYLE.CHAIRMAN Approved as to form and legal sufficiency: Alt • Jeffrey L. 'nds Outside Emine,t Domain Counsel On behalf of effrey A.Klatzkow Collier Cou ty Attorney -Page 4- Packet Page -396- 10/23/2012 Item 11 .D. 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 IL") 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 II. Ii Schedule I-Page 1 of 1 Packet Page -397- I . . • 10/23/2012 Item 11 .D. N i1=�0�i=t SCHEDULE II `k., Page 1 of 1 S CELESTE DRIVE REPLAT N86'57'O1"E O 40 go PB 22. PG 9 22.39' 1__ 21I TRACT 1R GRAPHIC SCALE BEAUMARIS, LLC N50'14'16"E 1'- 80' OR 4274, PG 2014 43.39' 'P FOLIO NO. 25910000502 ill EXISTING TIM 124FEE CM 10,220 SF L=281.73' 1.1%.54 R=2953.00' 0=5'27'58' .> �, CB=N38•28'37"E h°j �h C=281.62' 8' 4� �'' POB TECH-ROW N54 21.01"W BLVD. AT C.R.O 51 TRIANGLE a JUN 1 5 2012 17.05' 16 PG 87 L=39.25' R=25.00' LEGEND 5=89'57'21" RW - RIGHT-OF-WAY CB=S80'40'1VW OR = OFFICIAL RECORDS BOOK PB - PLAT BOOK C=35.34' PG = PAGE UE - UTILITY EASEMENT LBE - LANDSCAPE BUFFER EASEMENT C.R. - COUNTY ROAD POB - POINT OF BEGINNING N0. ■ NUMBER L - LENGTH R - RADIUS A - DELTA ;,I CB - CHORD BEARING C - CHORD a.LEGAL DESCRIPTION - PARCEL 124FEE Z MEREST A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE PLAT OF LELY RESORT. PHASE ONE, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'57'21", AND WHOSE LONG CHORD BEARS S80•40'19"W FOR A DISTANCE OF 35.34 FEET; 2) THENCE N54'21'Ot"W FOR 17.05 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953.00 FEET, THROUGH A CENTRAL ANGLE OF 05'27'56", AND WHOSE LONG CHORD BEARS N38'28'37"E FOR A DISTANCE OF 281.62 FEET: THENCE N50'14'16'E FOR 43.39 FEET; THENCE NB6'57'01"E FOR 22.39 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1 R, CELESTE DRIVE REPLAT, AS RECORDED IN PLAT BOOK 22. PAGE 9 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO KNOWN AS THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE S35'41'39"W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 10,220 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (iAl*".MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. a..a 2012 AD PO WV00!\AODPIAC (sal s CIR7f MNnM4n HM---M,N.!COM...VW Plow\'1-Swd\91MM NW DNnptlenArGE-IMjjMO\�\ACD-AAzM6=y PROJECT: U.S.41/C.R.951/S.R.951 RAala Thigkm." SKETCH AND LEGAL DESCRIPTION .„ PARCEL 124FEE: RIGHT—OF—WAY 2210 Willow Park Drive,SW%200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COIMMIESIDNERS phone.(2010 507.057/5 FDA%( )527-0572 LB Ne.:2062 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 ( 34 I 50S I 26E I 1" - 80' I 6/8/12 R.A.K. I SKD_124FEE 1 OF 1 ____. --..___.._...__, _ ___ ---- Packet Page 398 _.___---_------___________ _____--------- Goodkind&Swift,Inc, 10/23/2012 Item 11 .D. LAND APPRAISAL REPORT Project#60116 File No. Parcel 101TCE Borrower Owner:Eagle Creek Community Assoc.lnc Census Tract 111.02 Map Reference S3-T51-R26 Property Address 6701 Collier Blvd(SR 951) t- City Naples County Collier State FL Lp Code 34113 w Legal Description OR 3978 PG 8(lengthy legal description) a Sale Price$N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised Z Fee ❑ Leasehold ❑De Minimis PUD no Actual Real Estate Taxes$N/A _(yr) Loan charges to be paid by seller$N/A Other sales concessions N/A Lender/Chen Collier County Growth Management Div./ROW Address 2885 S.Horseshoe Drive,Naples,FL 34104 Occupant Owner Appraiser Harry Henderson,SRA Instructions to Appraiser Estimate Fair Compensation.Parcel 101TCE Location ) Urban Suburban Rural i Good Avg, Fair Poor Built Up Li Over 75% ti 25%to 75% Under 25% . Employment Stability I I x i""; Growth Rate Fully Dev. r ' ❑ y ID x Steady Slow Convenience to Employment I . 1 Pronely Values 'Increasing 7 Stable —. Declining Convenience to Shopping `�1 __ Demand/Supply Shortage 71 In Balance Oversupply Convenience to Schools ;;ti 0 Marketing Time i7 Under 3 Mos _ 4-6 Mos. Over 6 Max.dos. Adequacy of Public Transportation . 1 ., c Present 20%One-Unit %2-4 Unit %Apts. 30%Condo 35 %Commercial Recreational Facilities :-. s Land Use %Industrial 10%Vacant 5 % Preserve _ Adequacy of Utilities LI .?< I f °m Change in Present ❑ Not Likely e Likely(•) _i Taking Place(') !Properly Conpatitihty x1 e=n Land Use (*)From vacant To commercial Protection tram Detrimental Conditions i XI u':T Predominant Occupancy ❑Owner ® Tenant 10 %Vacant i Police and Fre Protection RI i a One-Unit Price Range $ N/A to$ N/A Predominant Value$ N/A I Genera Appearance of Properties ("' ic. I` . One-Unit Age Range N/A yrs.to N/A yrs. Predominant Age N/A yrs Appeal to Market -;'2'.'i ''"_.E mm Comments Including loose factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) See attached addenda Dimensions Residential Portion of Eagle Creek PUD = called 98.5 ac ❑Corner Lot Zoning Classification PUD-residential component Present Improvements ®Do ❑ Do Not Conform to Zoning Regulations Highest and Best Use E> Present Use I r Other(specify) Public Other(Descrhoe) OFF SITE IMPROVEMENTS Togo Level Elec. ® I Street Access ® Public ❑ Private': Size Compatible with area at Gas ❑ •Surface Paved Shape Irregular en Water ® 'Maintenance ® Public ❑Private View Typical San.Sewer ® ®Storm Sewer ® Curb/Gutter Drainage Appears to be adequate Underground Erect.&Tel,: ®Sidewalk ®Street Lights , Is the property located in a FEMA Special Fitted Hazard Area? Z Yes ;_No Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions) Zone AE,#12021 C0604H,dtd 5/16/12 No adverse conditions observed.The subject site is encumbered by standard perimeter roadway and utility easements. This appraisal considers land and effected improvements only(see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description wirtilawy includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject properly, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(+1 adjustment is made thus increasing the indicated value of the subject. ITEM ! SUB.XCT PROPERTY i COMPARABLE NO.1 COMPARABLE NO. ' — COMPARABLE NO.3 Address 6701 Collier Blvd(SR 951) ISIS Veterans Memorial Blvd Bucks Run Drive ,EIS Livingston Road Naples,FL 34113 !Naples,FL 34110 :Naples,FL 34120 !Naples,FL 34110 Proximity to Sullied • :17.04 mites N 13.22 mites N 16.96 miles N Sales Price $ N/A) 5 74,3641ac IS 69.599/se 15 52,016/ac t Price IS j 5 3,800.000, IS 1.250,000 l5 800.000 s- Data Source(s) !Public Records Public Records 5K"4565 PG 1392 .2 _ ITEM DESCRIPTION I DESCRIPTION +(-)S Adjust' DESCRIPTION +k)$Adjust. DESCRIPTION +(—)s Adjust. we Dale of Sale/Time Adj. 'N/A !09110 Nominal 12/10 Nomma18/1 D Nominal Location :Suburban Similar I :Similar ;Similar do Site View called 98.5 ac '.51.10 ac it S/sf-17.96 ac i in S!s1 15.38 ac i In Slsf Zoning PUD-Res. .PUD-Res. ( ;PUD-Res PUD-Res Topography 'Level-imp. Levet-raw i '7,500'Level-raw I•,�_ 77 500 Leve'-raw +7.500 Sue Factor !Standard-Large -.Not matenal :Smaller i -5.000 Smailer -5,000 I Sales or Financing :N/A Concessions 'NIA ( . i I @e.Ad!.ITutali I + - $ 7,500 `,..+ S 2.500 ,'+ - 5 2.500 Indicated Value l Net 10.1 % l Net 3.6 % I Net 4,8 % Subject Gross 101 %.5 81.864 Grass 18.0 % $ 72,0991 Gross 24.0 % $ 54.516 Comments on Market Data See attached addenda. �_...... Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only.The proposed taking parcel 101TCE has no impact on building improvements;any impact/damage to landscape or hardscape items in the take area will be replaced in-kind as part of the work within this parcel(essentially a driveway restoration parcel)or covered by a minor landscape allowance included within the compensation figure.The taking parcel has no impact on the functional utility of the subject property,_See comments in addendum, z Final Reconciliation The appraised value for the subject parent tract lands reflect a unit/price of$70,000/ac or$6,895,000 total The o compensation value for parcel 101TCE(temporary construction easement)is based upon a 3 year term/duration 4C i s I(WE)ESTIMATE THE MARKET VALUE.AS QE/+ D.OF/THE SttBf P RTY AS OF August 30 2012 TUBE 1.040(Parcel 01TCE) a Appraiser Harry Henderson,SRA f. —, - I "'" tl spry Appra Sat of apnr'cable) w Date of Signature and Report August 30,20'12 Date of Signature cc Title Review Appraiser Ti/v State Certification# RD3475 ST FL State Certification# ST Or State License# ST Or State License# ST Expiration Date of State Certification or License 11/30/2012 Expiration Date of State Certification or License Date of Inspection.Iii applicable) August 30,2012 ` Did ' . Did Not Inspectt Property- Date of Inspect on Form LAND—'WinTOTAL'appraisal software by a la mode.inc.—1-800-ALAMODE 0811 Packet Page -399- 10/23/2012 Item 11 .D. Supplemental Addendum file No.Parcel101TCE Borrower/Client Owner:Eagle Creek Community Associnc Property Address 6701 Collier Blvd(SR 951) City Naples County Collier State FL Lp Code ,34113 Lender Collier County Growth Management Div./ROW •Land:Neighborhood Comments The subject property(Eagle Creek Community-parent tract)is located on the west side of SR951 (Collier Blvd)south of the US 41 intersection and just south of the Lowes-anchored Eagle Creek Shopping Center in the East Naples area of unincorporated Collier County.SR951 is a developing commercial corridor with residential community entry points(access to residential rear lands).Existing commercial properties in the immediate vicinity of the subject include a Dunkin Donuts store and the Eagle Creek Shopping Center as well as a Super Wal-Mart center.A number of undeveloped commercial tracts remain in the area; these are poised for development once economic conditions improve.Maintenance levels in the area are generally good. Parent Tract and Improvements The greater parent tract property is the residential portion of the Eagle Creek community.For the purpose of this analysis parent tract acreage is pegged at approximately 98.50 acres.The subject parcel is located within the entry drive(Eagle Creek Drive) which provides access to the greater Eagle Creek community.Entry drive features within the area of the subject parcel include paved roadway,curbing and minor landscaping/irrigation.The bulk of the Eagle Creek Drive entryway improvements are far outside the proposed TCE area. Building and significant site improvements are not impacted by the taking parcel and are not considered in this report. Parcel 101 TC E Parcel 101 TCE is a temporary construction easement associated with the US 41-Collier Blvd intersection improvement project. This parcel is essentially required for driveway restoration work along a small portion of Eagle Creek Drive at the Collier Boulevard ROW line.It is rectangular in shape(25ft x 50ft)and has an area of 1250 sf.The use of this temporary construction easement is for driveway restoration as well as for the movement of men and equipment during the course of the intersection improvement construction period;it will have a 3 year term(duration).Driveway and associated minor landscape improvements within the take will be restored as part of the project or covered by a minor landscape allowance included within the compensation figure. •Land:Market Data Comments The subject and comps are compared on a unit/price basis($lac)which eliminates the need for direct size adjustments.All sales involve the relatively recent sale of residential PUD lands having market characteristics similar to the subject property, Topography adjustments reflect site improvement costs associated with raw PUD lands vs the subject's improved site (cleared/graded). Size Factor adjustments for comps#2 and 3 reflect economies of scale whereby,all else being equal, significantly smaller land tracts tend to sell for higher unit prices relative to their larger counterparts.The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of$54,516/ac to$81,654/ac;all factors considered,a mid-range value of $70,000/ac is selected as most reasonable for the subject lands in the current market environment. Indicated Value for Parent Tract lands:$70,000/ac x 98.50 acres=$6,895,000, Valuation of Parcel 101TCE At a unit price of$70,000/ac($1.61/sf)and a 3 year term for the TCE;the compensation value for the TCE is valued as follows: 1250sf x$1.61/sf=$2013 x 10%(land cap.rate)x 3yrs=$600(rounded) Plus$400 allowance for any damaged landscape items;Total Compensation:$1,000 Form TADD—"WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-400- , 10/23/2012 Item 11 .D. , II II ` \ TRACT "M-1' ■ .,U f CRYSTAL LAKE TERRACES •, AT EAGLE CREEK S N PB16, PG 30 0 20 40 EAGLE CREEK ■ --`"'�+r.i�y CONDOMINIUM NO. 5 GRAPHIC SCALE N DECLARATION OR 1505 1" • 40' PG 1628 UNPIATTED EAGLE CREEK COMMUNITY N ( -EXISTING RW ASSOCIATION, INC. I OR 3978, PG 6 FOLIO NO. 30180160005 ... a)3 —am, ce vi Ali I S87'31'42"E I SOT 28.181V 25.00' t 8.23' UNPILE CR i` POB TRACT 'R" (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY NO2 28'16'E ea ASSOCIATION, INC. OR 3978, PG 6 `50.00' FOLIO NO. 30185040007 M LEGEND 101TCE i» RW - RIGHT—OF—WAY 1,250 SF OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE N8731'42•W ! P08 - POINT OF BEGINNING 25.00' 1 POC — POINT OF COMMENCEMENT NO. - NUMBER S.R. — STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 101TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST RIGHT—OF—WAY LINE OF S.R. 951. ALSO BEING THE SOUTHEAST CORNER OF TRACT "M-1", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUALIC RECORDS OF COLLIER COUNTY, FLORIDA; . T THENCE ALONG ALONG THE WESTERLY RIGHT—OF—WAY UNE OF S.R. 951. THE F LNG THREE (3) DESCRIBED COURSES: R 1) THENCE SO4'56'15"W FOR 87.11 FEET; • + 2) THENCE 502'28'18V FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE 502'28'18"W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT—OF—WAY UNE OF S.R. 951, N5731'42"W FOR 25.00 FEET: THENCE NO2'28'18"E FOR 50.00 FEET; THENCE 587'31'42"E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY 'peri - ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. 4"//T iz MIC L A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA T SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A..R 1012..YT Dal.:110001000061.00.00 1154?•0505?Awl*,01J0,1,-w—....AM CAST MAN.....W.1-Sun.A.S.MC•MO O.n,*t.w'.05-,T Pry QTtS1f(1_I.. A. PROJECT: U.S.41/C.R.951/ RIWP6--.mo SKE7CH AND LEGAL DESCRIPTION PARCEL 10I TCE: TEMPORARY CONSTRUCTION EASEMENT 8818 Mow Pek D,o..Sue.200 4,040,' Napes.Hackle 9at09 PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Timm.(230)507-8575 FAX:(279)597-0570 LB No.:0952 JOB NUMBER I REVISION I SECTION I 1OWNSHIF I RANGE 11 SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 515 26E 1 1' = An' ( R/R/17 RAK. SKD_1O1TCE 1 or 1 Packet Page -401- 10/23/2012 Item 11 .D. • ivdni rut NV.ralcei 1Vrll,tl Location Map Borrower/Client Owner.Eagle Creek Community Assoc.Inc Property Address 6701 Collier Blvd(SR 951) City Naples County Collier State FL Zip Code 34113 Lender Collier County Growth Manaoement Div/ROW a to mode, inc.: t M hN{a Mp a Harlem Heights 1.!!„,"'f. u tan Carlos Pant Myers Beach'. ,,.... Xs� lmmok ratable /S Veterans;NNlenwariai Blvd 41 Bcxsts ;e- x Springs .. r 2 Fame sive Qtany2tl f et.wc1 Estates Napes Park ,c .1". r6.6 x^rr M k T y � Pelican flay t, 3 �` ,� •,,-� Vineyards lm rob �r Ets L(vingstexn Road C"xsmpatrable:. 6.96,rrnil Go+c,en taate lucks Run li l ive „<, 113 Naples East Naples 351. Subject Lely 6701 Collier Blvd(SR 951) NapX.tysarar , ` te,y r4. 41 aA Old Cram, no Marev It and tralte Form MAPIOC—'WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-402- ■rte — 10/23/2012 Item 11 .D. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or wet advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions"granted by anyone associated with the sale. "Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by setters as a result of tradition or law In a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction, Any adjustment should not be calculated on a rnecharical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the tide. The property is appraised on the basis of It being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the properly and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4, The appraiser will not give testimony or appear in court because he or she made an appraisal of the properly in question,unless specific arrangements to do so have been made beforehand, 5, The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used, 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation,the presence of hazardous wastes, toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous wastes,toxic substances,etc,)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property, 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility to the accuracy of such items that were furnished by other parties, 8. The appraiser wit not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or otter media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 10046 6-93 Goodkind&Swift,Inc. Form ACR—'WinTOTAL'^"-^^ ^-" '— —1-800-AIAMUDE Packet Page -403- 10/23/2012 Item 11.D. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have researched the subject market area and have selected a minimum of three recent sales at properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to,or more favorable than,the subject property,I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of my knowledge,that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction,I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property, 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event In order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report an a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared at conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report, I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,it an unauthorized change is made to the appraisal report,I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking lull responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6701 Collier Blvd(SR 951),Naples,FL 34113 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson,SRA Name: Date Signed: August 30,2012 Date Signed: State Certification#: RD3475 State Certification#: or State License#: or State License#' State: FL State: Expiration Date of Certification or License:11/30/2012 Expiration Date of Certification or License: —. ❑Did ❑ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form ACR—•NinTOTAL•appraisal software by a la mode,inc—1-800-ALAMODE Packet Page-404- . APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 102Fee1 102Fee2 102TCE PARCEL AREAS: 9752 sf 9058 sf 1500 sf UNIT VALUES: $9.00/sf 9.00/sf 3 yr term OWNER:KRG 951&41 PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee and TCE parcels at the vacant KRG site on Collier Blvd.These parcels are needed for the US 41 SR951 intersection improvement project. APPRAISER:Kenneth Devos,MAI DATE OF VALUE(INSPECTION)10/16/2012 DATE APPRAISAL RECEIVED:10/16/12 DATE APPRAISAL APPROVED: 10/16/2012 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 82,500 _X_ Highest and Best Use Condusions(before&after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 1,930 _X_ Reconciliation of Value Indications COST-TO-CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 84,430 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data. REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER Packet Page -405- DATE:10/16/2012 APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT.DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 103Fee 103TCE .RCEL AREAS: 917 sf 78 sf UNIT VALUES: $11.00/sf $11.00/sf OWNER:Red Naples Holdings V,LLC PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee and TCE parcel associated with the 951-41 Intersection improvement project APPRAISER:Alan Wilcox,MAI DATE OF VALUE(INSPECTION)9/4/12 DATE APPRAISAL RECEIVED:9/5/12 DATE APPRAISAL APPROVED: 916/12 SEE PAGE(s)5 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)39 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)55-64 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None,vacant land LCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 10,100 _X_ Highest and Best Use Condusions(before&after faking) IMPROVEMENTS TAKEN: $ _X__ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 300 _X_ Reconciliation of Value Indications COST-TO-CURE: $ Other SEVERANCE DAMAGES(Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 10,400 REVIEW APPRAISER'S COMMENTS:The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:9/6/12 Packet Page -406- Goodkind&Swift,Inc. 10/23/2012 Item 11 .D. LAND APPRAISAL REPORT Project#60116 File No. Parcel I 04 Fee,TC E Borrower Owner.Cother County Pub.Util, Census Tract 111.03 Map Reference S3-T51-R26 Property Address 6670 Collier Blvd(SR951) i- City Naples County Collier State FL Zip Code 34114 l ill Legal Description 3 51 26 SR 951 Master Pump Station Site Desc in OR 1663 PG 288.65 acres 2 Sale Price$N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑Leasehold ❑De Mirtmis PUD ma Actual Real Estate Taxes$N/A (yr) Loan charges to be paid by sets'$N/A Other sales concessions N/A Lender/Client Collier County Growth Management Div,/ROW Address 2885 S.Horseshoe Drive,Naples,FL 34104 Occupant Owner Appraiser Harry Henderson,SRA tnstnrotwns to Appraiser Estimate Fair Comaensation,Parcets 104Fee,TCE Location LI Urban E Suburban ❑Rural I Dead Avg, Fair Poor Built Up ❑Over 75% ®25%to 75% ❑Under 25% j Eltgltoymerd Stability 1-1 19 El El Growth Rale ❑Fatty Dev. L Rapid ilk;Steady 0 Slow Convenience to Em llo�mhett [-1 C Li Property Values r Increasing Z Stable ED Dechrang l Convenerce to Stropping Cil i i El 17 Demand/Supply 0 Shortage [k In Balance ❑Oversupply I Convenience to Schools f NI T( 7 © Marketing Time 0 Under 3 Mos. ( 1 4-B Mos. F i Over G Mas,1 Adequacy of Public Transportation I t� 71 !._1 o Present 15%One-Unit %2.4 Unit %Apts. 20"%Condo 35%Commercial•Recreational fadllies ] fix; C,I c Land Use %Ixlastrial 30%Vacant % `Adequacy of Unities ( Ft ❑ 1. m° Change in Present 1-I Not Likely ("..,1:1 Ukey('} [1 Tatung Place C) Property Compatibility 1-] tc,1 I I IT o Land Use (•)From vacant To commercial Protection from Detrsmestal Conditions I i f..l 1—I m Predominant Occupancy ®Owner ❑Tenant 10 %Vacant Pace and Fire Protection ( i M_"`j [1 x Ore-Unit Price Range $ N/A 10$ N/A Predominant Value$ N/A General Appearance of Properties f l C� ❑ El One-Unit Age Range N/A yrs.to N/A yrs. Predominant Age N/A yrs. Lipeat to Market ri Zi (❑.I ❑I Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) The subject is located on the east side of ': SR951 south of US 41.This Is a developing area with a commercial orientation.A Super Wal-Mart is located south of the subject along SR951, a Super Target is proposed on lands east of the subject.A Lowes-anchored shopping center is also extant.Residential development nearby includes several mobile homes parks as wee as more upscale gated communities.Maintenance levels in the area are generally good. Dimensions Irregular(parent tract) _ .65 ac U Corner Lot Zoning Classification RSF-3(utility support facilities are an allowed use) Present Improvements ®Do ❑Do Not Conform to Zoning Regulations Highest and Best Use ❑Present Use [91 Other(specify) if vacant,the subioct parent tract would very likely be rezoned for commercial development. Pubic Otter ...---__.-._ (Describe) 1 Off SITE IMPROVEMENTS . Tope Level Elec. ® Street Access ®Public ❑Private Size Compatible with area tu Gas ❑ Surface Paved Shape Irregular —n r Water ® Maintenance ®Public ❑Private View Commercial San.Sews ® ® Storm Sewer ®Curb/Gutter Drainage Appears to be adequate ❑ Underground Elect.&Tel. ❑ Sidewalk ® Street Lights Is the property located in a FEMA Special Flood Hazard Area? I9 Yes ❑No Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions) Zone AE,#12021 C0604H,dud 5/16/12 No adverse conditions observed.The subject lot is encumbered by standard perimeter roadway and utility easements as well as mineral riahts of record. This appraisal considers land and effected Improvements only(see comments In addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. t a significant item In the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; it a significant ttem in the comparable is Inferior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the indicated value of the subject. ITEM I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO,2 COMPARABLE NO.3 Address 6670 Collier Blvd(SR951) SWC Pine Ridge Rd/Kraft Dr W1S Collier Blvd/Sierra Meadows Rt41 EfCourthouse Shadows Naples,FL 34114 Naples,FL 'Naples,FL Naples,FL Proximity to Subject I 10.61 miles N 2.94 miles N 15.82 miles NW Sales Price 5 N/A° 1S 13,97/sf t Is 10.51/01 S 11.68/sf Price IS 15 2,525,000 l5 650.000) iS 229,000 r- Data Source(s) 1 IBK 4659 PG 1293 BK 4739 PG 3066 I$K 4598 PG 1407 cc ITEM I DLSCRIPTION J DESCRIPTION +1-4 Adust I DESCRIPTION +1-)$Adjust DESCRIPTION ±,I$AdJu5t.. Dare of Satir%'ime Adl. iNfA !3/11 Nominat!1 1/11 Nominal 4110 Nominal Location Avg,Cornm.Exo. 'Similar !Inferior •1.75lInfenor +1-75 c SiteNiew i.65 ac ;4,15 ac in$,+sf11.42 ac ( In S/sf€45 ac In$/sf Zoning IRSF-3(Com,Rezne)IPUD-Commercial -2.50 POD-Commercial -2-501.PUD-Commercial -2.50 jz Toponre ft I.Level Level Level Level 2 Size Factor Standard Larger +1_50 Similar Similar I _ I Sales or Financing N/A I Concessions ■/A _ Net Adi,_ alai [' ' (i J + ..y tS 1 j j+ ( - 5 -E175i+ ( - 5 -0,75 Indicated Value Net 7<2 %' Net 7.1 % Net,6.4 % ofSub(ocl Gross 26.8 % $ 1«97 Gross 40.4 %)S 9.76 Grass 36.4 15 j$ 10.93 Comments on Market Data See attached addenda. • Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only.The proposed taking parcels(104Fee,104TCE) have no residual impact on the building improvements/functionality of the she once the designed cure is implemented. a llnal Reconciliation See addendum a 1- .S. t(WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE SUBJECT PROPERTY AS OF August 30,2012 TO BE S 59,250 o Appraiser Harry Henderson,SRA Supervisory Appraiser Of applicable) w Date of Signature and Report August 30.2012 Date of Signature �,_. ¢ Title Review Appraiser Title Siam Certification# RD3475 , ST FL State Certification# ST Or State License# ST Or State License# ST Expiration Date of State Certification or License 11/30/2012 Expiration Date of Stale Certification or License Oats of Inspection(it applicable) August 30.2012 FT Did t.,I Did Not Inspect Property Date of Inspection Form LAND—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE 08/11 Packet Page -407- 10/23/2012 Item 11.D. anau upplemental Addendum nett.ParcelIO4Fee,TC£ Borrower/Clierd Owner Cotter County Pub.UN. Property Address 6670 Collier Blvd(SR951) City Naples County Collier State FL lip Code 34114 Lender Collier County Growth Management Div./ROW Parent Tract and Improvements The subject parent tract is Improved for use as a Master Pump Station for the Collier County Public Utilities Division.Primary building improvements consist of a pump station building and associated site improvments(fence,driveway,piping-valves, walls,minor landscaping,etc. Parcel 104Fee,Parcel 104TCE(see legal sketches In addendum) Parcel 104Fee is a mostly rectangular strip parcel located along the parent tract road frontage on SR 951.The total parcel area is 4938 sf with a width that varies from 41.31 ft to 45.41 ft.This parcel is needed as part of the US 41/951 Intersection Improvement project. Parcel 104TCE is a temporary construction easement parcel(3 year term).it is a 5ft wide strip located along the east side of the 104Fee parcel.It has a total area of 100 sf;its purpose is to restore the driveway connection in the after take condition.This parcel will not be condemned as part of this project;no further consideration or valuation of this parcel will be given, •Land:Market Data Comments The subject and comps are compared on a unit/price basis($/sf)which eliminates the need for direct size adjustments.All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property.Location adjustment for Comp#2 reflects its location away from any major Intersection in a less intensively developed stretch of CR 951. Location adjustment for Comp#3 reflects Its location along a less desirable/economically stagnant section of US 41. Zoning adjustments reflect the fact that all comps have existing commercial zoning in-place while the subject would require a rezone(viewed as extremely likely given its location and commercial nature of surrounding properties).Size Factor adjustment for comp#1 reflects economies of scale whereby,all else being equal,significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts,a market derived adjustment is applied.The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of$9.76/sf to$12.97/sf;all factors considered,an upper-range unit price of $12/sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands:$12/sf x.65 acres(28.314 sf)=$340,000(rounded) Valuation of Parcel 104Fee At a unit price of$12/sf the land portion of this parcel is valued as follows: 4938sf x$12/sf=$59,250(rounded) The proposed 104Fee parcel will impact the functionality of this site as a Master Pump Station;engineering consultants hired by Public Utilities are designing a cure which would allow this facility to function with the same utility as in the before condition.The cost of this cure will be passed-on directly to Transportation(Growth Management Division)as a cost associated with this project.No independent cure cost will be provided as part of this appraisal. Compensation Break-down Parcel 104Fee Land:$59,250 Improvements:N/A Cure:at cost Total Monetary Compensation for this ownership:$59,250. 11110-: Farm TADD—'WinTOTAL'appraisal software by a la mode,inc.—1-B00-ALAMODE Packet Page -408- 10/23/2012 Item 11 .D. . 'Main File No.Parcel 104Fee,TCE I :, r r ' 4 to . .5, ESP ki � °� t g4 _ µk 4:.:.' +e ' s x 4,,,o,',"''fR ,� 4 ' 1 rt _ " 7✓- *° �' !HS "KG v4,' a`hDj fs: - 7` Jy ffi y ,,,,,,47-P--;,:::414-!!..* a , 3 - qy` 1 l 4.—' MSA t • . b .wti. Packet Page -409— 10/23/2012 Item 11 .D. Comparable Photo Page BorrowertCf+enl Owner-Collier County Pub.U1g. Property Address 6670 Collier Blvd(SR951} City Naples County Collier State FL 7a Co adg 34114 Lender ColiierCounty Growth Ntanagement Div./ROW d �I �� x�ry4 Comparable 1 �f f j "� T ) I l ( SWC Pine Ridge R1d/Kraff Dr ` x i �> I ' , Prox,to Subject 10.61 miles N # ' r Sales Price 13.97/sf •f; ,' `; Gross Living Area _ `"°•"^"°T' Total Rooms e. " 7 4 "r Total Bedrooms �. l r d°" Total Bathrooms 1 a � ` Location Similar ' w� View 4.15 ac �' r Site ( w. Quality $"7` ,24„,..,,,,„_„,..,.„...,,i t w ,i r 't Age , ,i. •fir$; oa ' '?° .; ..f xa ati ; .: =I r:i.,.' p9f Jd-Y Rt'X gtt)ip{ a I ,�;� `a`' r Comparable 2 ,:�, F: = X { t W/S Collier Blvd/Sierra Meadows ag �'" ` Pros.to Subject 2.94 miles N ### a d ;,- tj ;r Sales Price 10.511sf r" i rd 1 Gross Living Area / s , y u ,B i " Total Rooms } " ? Total Bedrooms r Total Bathrooms Ar l� Location Inferior „�, 3 View 1.42 ac �;. z a Site -, '., * �" 1 Quality s �. 4 Age ♦ % 'fit L 3 a . , Comparable 3 I it 1xr Rt 41 E/Courthouse Shadows *�° ## 4i;',•;: : + 3 Prox.to Subject 5.82 miles NW it ,,, 'a . , z }I 1 I Sales Price 11.68/sf •,-,,,,,� ) Gross Living Area � s I ; Total Rooms � s a Total Bedrooms , , Total Bathrooms '^1, ,7 f Location Interior x '1,''.1.1';:-.,', View .45 ac —. �� Site `3 1..,,,,-,,,',,,, •,rk, � !! '2 s � ,;1 Dualty ;�' r x g,, 4i Age + t tt t a. 6 r I fez -.-: _1 a i 1 ,, »..., -.�i e" 4 Form PICPIX CR—'WinTOTALf appraisal software by a la mode,in..—1.800-ALAMODE Packet Page-410- ■ 10/23/2012 Item 11 .D. IMdln Location Map .Borrower/Client Owner:Collier County Pub.Util. Property Address 6670 Collier Blvd(SR951) City Naples Couun Collier State FL Zip Code 34114 Lender Collier County Growth Management Div/ROW a a ff1OC1Br inC . .wtr »w..awr« w $+i d° i t" e .,it. Ora Palm River Isis! Naples Park Estates Ldas;I,nmo '"Rd Immokal5ARd ;q. i•.' 951; •'• VandetGdt Beads E'? . • 1862... ,:.z Comparable#1 Pelican Bay 13"; SWC Pine Ridge Rd/Kraft Dr dw sic North Naples a 10.61 miles 5 e' , U t t i S R .. :> Groen Hlvsl thtii 4.4,SW z 7 P 1851: Golden Gate a 1.2._.9 Go'den tetfe f ,� .. I Lac I eel, '�." Comparable#3 RI'41 E/Courthouse Shadows ` Comparable#2 5 82 miles W/S Collier Blvd/Sierra meadows avarxl 2,54 miles s ;z 'd64? Jy�l f 1951 .......),,rte o' '� �Leltp.. v .. T vru...o4r kH i ' Subject .r a 6670 tallier Blvd(SR5f51) t Lely Resort •M612'.tits Su.rJ }IA/ a,„. Shall Island Rthfor q,e r.) ,• :s 1,1an11 ,,IC =,1 Carr y I,i,e rt Old Grove 3 0es .:• , tD1I lC.'..: i,„...._,..., Marco Island �_, form MAP LOU—'WnTOTAL'appraisal software by a la mode.inc.—1-800 ALAMOOE Packet Page -411- ,„4air 10/23/2012 Item 11 .D. DEFINITION OF MARKET VALUE: The most probable price which a properly should bring In a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price Is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale, *Adjustments to the comparables must be made for special or creative financing or sales concessions, No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law In a market area; these costs are readily identifiable since the seller pays these costs In virtually al sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already Involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears In the appraisal report Is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch In the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of Its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted In the appraisal report whether the subject site is located In an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land In the cost approach at Its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used, 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation,the presence of hazardous wastes, toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved In performing the appraisal. Unless otherwise stated in the appraisal report,the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the Information, estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were famished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or Its successors and assigns;the mortgage insurer; consultants, professional appraisal organizations; any state or federally approved financial Institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac form 439 6-93 Page 1 of 2 Fannie Mae Form 10048 6-93 Goodldnd&Swift,Inc. Form ACR—`WinTOTAL`^^^^^ ^^" ^^"••^ T°"° 1-800-ALAMODE Packet Page -412- 'Mali: 10/23/2012 Item 11 .D. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. II a significant Item in a comparable property is superior to,or more favorable thorn,the subject property,I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to Increase the adjusted sales price of the comparable 2. I have taken into consideration the factors that have an impact on value In my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of my knowledge,that as statements and information in the appraisal report are true and correct. 3. I stated In the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective Interest In the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties In the vicinity of the subject property. 5 I have no present or contemplated future interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. I performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed Is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 6. I have personalty inspected the interior and exterior areas of the subject property and the exterior of at properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject properly of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report,I have earned such Individuals)and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named Is qualified to perform the tasks,I have not authorized anyone to make a change to any Item in the report therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: it a supervisory appraiser signed the appraisal report,he or she certifies and agrees that: I drectly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,anti are taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6670 Collier Blvd fSR951).Naples,FL 34114 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson,SRA Name:_ Date Signed: August 30,2012 Date Signed: State Certification#: RD3475 State Certification#: or State License#: or State License#: State: FL State: Expiration Date of Certification or License:11/3012012 Expiration Date of Certification or License: ❑Did ❑ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 Form ACR—"WinTOTAL'appraisal software by a la mode,inc.—1.600-ALAMODE Packet Page -413— APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 RCEL NO(s): 105Fee1 105Fee2 105Fee3 PARCEL AREAS: 2331sf 654 sf 2003 sf UNIT VALUES: $10.00/sf 10.00/sf $10/sf OWNER:Lowes Home Center PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee parcels at the Lowes parent tract associated with the US 41/951 Intersection improvement project. 105TCE1:$430; 105TCE2:$6,000 105TCE3:$1,200,105TCE4:$1,300 APPRAISER:Kenneth Devos,MAI DATE OF VALUE(INSPECTION)8/1/12 DATE APPRAISAL RECEIVED:8/9/12 DATE APPRAISAL APPROVED: 8/10/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:landscape,hardscape and signage.105Fee1;$12,000,105Fee2:$2,700,105Fee3:$13,350. DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)Cure for sign replacement:105Fee1,$27,750. REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 49,850 _X_ Highest and Best Use Condusions(before&after taking) IMPROVEMENTS TAKEN: $ 28,050 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 8,930 _X_ Reconciliation of Value Indications COST-TO-CURE: $ 27,750 Other: SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 114.580 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data. +s ,,, REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:8/10/12 Packet Page -414- Goodknd&Swift,Inc. C 10/23/2012 Item 11 .D. r LAND APPRAISAL REPORT Project#60116 A File No. Parcel 106Fee,TCE Borrower Owner:United Tel,Co of FL Census Tract 111 03 Map Reference 53-151-R26 Properly Address 6666 Isle of Capri Road(aka SR 951) Fr,City Naples County Collier State FL Zip Code 34114 w Legal Description 3 51 26 Comm E1/4 Cnr Sec 3,S 1361.86ft,N 54 Deg W 1566.33 ft,S 35 Deg W 4008,N 54 Deg,W 2480.588,N 15 Deg W •- Sale Price$N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ®Fee ❑Leasehold ❑De Minimis PUD Actual Real Estate Taxes$816 (yr) Loan charges to be paid by seller$N/A Other sales concessions N/A Lender/Client Collier County Growth Management Div./ROW Address 2885 S.Horseshoe Drive,Naples,FL 34104 Occupant Owner Appraiser Harry Henderson.SRA Instructions Id Appraiser Estimate Fair Compensatran,Parcels 106Fee,TCE Location ❑ Urban Suburban ❑Rural Good Avg. Fair Poor Built Up ❑ Over 75% ® 25%to 75% ❑Under 25% Employment Stability _ ❑ " Growth Rate ❑ Fully Dev. ❑ Rapid ®Steady ❑ Slow I Convenience to Emptcment fY' I Property Values ❑ Increasing ®Stable ❑ Declining i Convenience le Shappina (.... Demand/Supply ❑ Shortage ®In Balance ❑Oversupply I Convenience to Schools 1 [X' ET ;-.' O Marketing lime ❑ Under 3 Mos.. ❑4-6 Mos, ®Over 6 Mos.1 Adequacy of Public Transportation [.xj j , Present 15%One-Unit %2-4 Unit %Apts. 20%Condo 35 %Commercial Recreational Facilities r; Land Use %Industrial 30%Vacant % --1 Adequacy 01 Ut tties r' m Change in Present ❑ Not Likely ®Likely(') ❑ Taking Place(1 :Property Carreratibibty Land Use (.(From vacant To commercial Protection front Detrimental Cenditions t W Predominant Occupancy Owner Tenant 10 %Vacant Police and Fire Protection 17;::;:7 i One-Unit Price Range $ N/A to$ N/A Predominant Value$ N/A General Appearance el Properties i One-Unit Age Range N/A yrs.to N/A yrs. Predominant Age N/A yrs. i Appeat to Market _ Z Li _. Comments including those factors,favorable or unfavorable,affecting marketability(e g,public parks,schools,view,noise) The subject is located on the east side of SR951 south of US 41.This is a developing area with a commercial orientation.A Super Wal-Mart is located south of the subject along SR951, a Super Target is proposed on lands east of the subject.A Lowes-anchored shopping center is also extant.Residential development nearby includes several mobile homes parks as well as more upscale gated communities.Maintenance levels in the area are generally good. Dimensions Irregular(parent tract) s _.85 ac I Comer Let Zoning Classification RSF-3(utility support facilitees are an allowed use) Present Improvements '"On ❑Do Not Conform to Zoning Regulations Highest and Best Use ❑Present Use Other(specify) if vacant,the subiecl parent tract would very likely be rezoned for commercial development. Public Other(Describe) r ..- OFF SITE IMPROVEMENTS j Tope Level Elec. ® i Street Access ® Public ❑Private: Size Compatible with area w Gas ❑ Surface Paved Shape Irregular - Water ® Maintenance ® Public ❑Private View Commercial San.Sewer ® ®Storm Sewer ® Curb/Gutter , Drainage Appears to be adequate Underground Elect.&Tel Er''': Sidewalk XI Street Lights Is the property located in a FEMA Special Flood Hazard Area? ®Yes ❑No Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions) Zone AE,#12021 C0604H,dtd 5/16/12 No adverse conditions observed.The subject lot is encumbered by standard perimeter roadway and utility easements as well as mineral rights of record. This appraisal considers land and effected improvements only(see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable properly is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the indicated value of the subject. ,N' ITEM I SUBJECT PROPERTY 1 COMPARABLE NO.1 I COMPARABLE NO.2 t COMPARABLE NO.3 Address 6666 Isle of Capri Road(aka SRiSWC Pine Ridge Rd/Kraft Dr 'WiS Collier Blvd/Sierra Meadows Rt 41 E/Courthouse Shadows Naples,FL 34114 1Naptes,FL :Naples,FL :Naples,FL Proximity to Subiect I 10.87 miles N 3.19 miles N 16.03 miles NW Sales Price S N/A iS 13.974 S 10.51/sfl :5 11.68/sf 52 Price is is 2.525,0001 !S 650.0001 s 229.000 Data Source(s) BK 4659 PG 1293 BK 4739 PG 3066 IBK 4598 PG 1407 ITEM DESCRPTION DESCRIPTION +(-IS Adjust. DESCRIPTION 1+(-IS Adjust.I DESCRIPTION )$kd;ust. Palest SaleTime Adl. N/A 3/11 Nomina!ll/*.1 1 Nominarj4/111 h Nominal d Location Avg Comm Exp. Similar i In(PTor • .1 75lnferior +1.75 tm SiteNiuw 85 ac 4 15 ac In S/si:.42 ac In Stet,45 ac In Slot w Zoning !RSF-3(Corn Rezne)!PUD-Commercial -2.50iPUD-Corn merciai 2.500PUD-Comrnerciaf ' -2 50 iz"Topography !Level !Level :Level Lever Z Size Factor Standard ■Larner � .1.50=.S:m■ar I ;&!mirror Sales or financing _.+NIA Concessions 'N/A Met Adj.(Total) -i+ $ $ -0.75 '+ -S -0.75 indicated Value i Net 7.2 % Net 7.1 % Net 6.4 % of Subject 1 Gross 28.6 %iS 12.97 Gross 40.4 % $ 9.?S „Gross 36,4- %.5 10.93 Comments on Market Data See attached addenda Continents and Conditions of Appraisal This is an appraisal of land and affected improvements only.The proposed taking parcels(106Fee,106TCE) have no impact on the building improvements/functionality of the site once the proposed cure is implemented.See comments in addendum and 181 Group analysis attached. z final Reconciliation Ste acoendum O d • I(WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE SUBJECT PROPERTY AS OF August 30,2012 TO BE$ 203,000(Fee&TCE parcels) o Appraiser Harry Henderson,SRA Supervisory Appraiser(ii applicable) w Date of Signature and Report August 30,2012 Date of Signature ec Title Review Appraiser The State Certification# RD3475 ST FL State Certification# ST Dr State License# ST LL Or Slate License# ST Expiration Date of State Certification or License 11/30/2012 Expiration Date of State Certificates or License Cole or inspection Cl app,/cables August 30.2012 Did 7 Did Not Inspect Property Date of Inspection Form LAND-"WinTOTAL'appraisal software by a la mode,inc.-1-800-ALAMODE Rill Packet Page-415- 10/23/2012 Item 11 .D. upplemental Addendum File No Parcel106Fee.TCE Borrower/Client Owner United Tel Co of FL Property Address 6666 Isle of Capri Road(aka SR 951) City Naples _ County Collier State FL Zip Code 34114 Lender Collier County Growth Management Div/ROW Parent Tract and Improvements The subject parent tract is improved for use as a telephone switching station(Century Link).Building improvements consist of a utility grade facilities building(CBS construction).Site improvements include a paved parking area and driveway,concrete walkways and wheelstops,a telecommunications manhole,meters and minor landscaping. Parcel 106Fee,Parcel 106TCE(see legal sketches in addendum) Parcel 106Fee is a two-course strip parcel located along the parent tract road frontage on SR 951.The total parcel area is 9,241 sf with a width that varies from 45.41 ft to 48.95 ft.This parcel is needed as part of the US 41/951 Intersection Improvement project.' Parcel 106TCE is a temporary construction easement parcel(3 year term).it is a 10ft wide strip located along the east side of the 106Fee parcel.It has a total area of 850 sf.This parcel is needed for the movement of men and equipment during the course of the Project intersection improvement construction activities. •Land:Market Data Comments The subject and comps are compared on a unit/price basis($/sf)which eliminates the need for direct size adjustments.All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property.Location adjustment for Comp#2 reflects its location away from any major intersection in a less intensively developed stretch of CR 951. Location adjustment for Comp#3 reflects its location along a less desirable/economically stagnant section of US 41. Zoning adjustments reflect the fact that all comps have existing commercial zoning in-place while the subject would require a rezone(viewed as extremely likely given its location and commercial nature of surrounding properties).Size Factor adjustment for comp#1 reflects economies of scale whereby,all else being equal,significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts,a market derived adjustment is applied,The subject and comps are essentially similar with respect to other pertinent characteristics, The sales cited show an adjusted unit/price range of$9.76/sf to$12.97/sf;all factors considered,an upper-range unit price of $12/sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands:$12/sf x.85 acres(37,026 sf)=$444,000(rounded) Valuation of Parcel 106Fee At a unit price of$12/sf the land portion of this parcel is valued as follows: 9241sf x$12/sf=$111,000(rounded) Improvement items within the take area ae valued at$34,103(exclusive of irrigation items which will be compensated for as part of a cure).These cost items were calculated by IBI Group as part of their forensic engineering analyses associated with a site cure relating to these parcels. The functionality of the parent tract would be negatively impacted by these takes if left uncured(negative on-site parking impacts and irrigation impacts).As such,a cure has been developed which replaces the parking lost(which is currently located at the front of the building)to an available area of the parent tract toward the rear of the building(see IBI Group report),The total cost for this cure comes to$54,885. Valuation of Parcel 106TCE At a unit price of 12/sf the TCE would be valued as follows: 850 sf x$12/sf=$10,200 x.10(land cap rate)x 3 yr term=$3,000(rounded) Compensation Break-down Parcel 106Fee Land:$111,000 Improvements:$34,103 Cure:$54,855 Total:$200,000(rounded) Parcel 106TCE Land:$3,000 Total Compensation for this ownership:$203,000 `r.. Form TADD—'WinTOTAL•appraisal software by a la mode,inc—1-800-ALAMODE Packet Page -416- -Sr, . . 10/23/2012 Item 11 .D. Main file Na.Parcel 106Fee,TGE - .,n,":,;::,.1,t` i - ',aliiif ":-i ' ';:i.,," 4i.% ,' "" ,,,,71, ,'4, ' '&-,'f',.;-,e,:* - P, ' °.*•-"Y"- ,,,,,(4:‘,...,1'..41 .., ' ,- " .„„i,„.....,.,1!,,;; .,,,,, .,„..,,,i. 9 .-.z, ,,,,,-. ,,:., . vv:ff - ,... , , ,. -..;;;;..',,:,:: A t AllWitilt •+gip kif g•.2.:. �R v .rte ,,,t4, h ..P nv#sry v«e Net,e..a.-. . A..-. .e' ,i ".�-. SI. .1[ yr„. a s "eb" _C,,,, _„ ,.". Packet Page -417- Ma 1 Item 11 .D. Comparable Photo Page Borrower/Cterd Owner:Un ted Tel.Co of FL Property Address 6666 Isle of Capri Road(aka SR 951) City Naples County Collier Stale FL Zip Code 34114 Lentler Collier County Growth Management Div./ROW ,. v, Comparable 1 t + - , a .1 SWC Pine Ridge Rd/Kraft Dr 'i. .. -.' . € ..,; Prox,m Subject 10.87 miles N � s. - r Sales Price 1397/sf # , e Gross Living Area SAa w ; ^-.-,�...,,,.�, ,,.,,,,�� ,� �"�' Total Rooms c Total Bedrooms i - 'f Total Bathrooms Similar r " .I --:'..1'1-1, :q« View 4 15 ac g n ' Site ,, r ai x Duality ., x , a .t,...,:',4 Age i i , "" ; a a i '+vq, k q t: b �'{ Tye®1#B i ) , ®I „j fit, i.��. Comparable 2 all W/S Collier Blvd/Sierra Meadows rt .'a Prox.to Subject 3-19 miles N 4 Sales Pdce 10,51/sf Iiii Gross Living Area �1a n � ` * ! Total Rooms i r� �`,' Total Bedrooms ' ` Total Bathrooms ' 5 k _ !j Location Inferior ,1 View 1.42 ac :.Y,'',,,-._,,„,,,,...t,,,,, «a: ,","':'1' F Site Duality P fi r � �” �Ta ,f.--, Age ` " 3 maw s `"x '1' s', p Comparable 3 .-' /_ Rt41 FJCourthouseShadows Pros,to Subject 6 03 miles NW .s_ , ' 1. , e 4 t Sales Pnce 11.66/sf ±'4 , , Gross Living Area . . ,i.."..,4, y I Total Rooms Total Bedrooms rt T 6 '2 ' Total Bathrooms s t � y 4� Q� �it! Location Inferior View 45 ac ;;a Site ",, � ., y Quality Age '11 „.0 ,7„.;Itt.. .:; ... ,..... ... , , . ,, , ..ii,.. Form PICPIX CR—'WinTOTAL"appraisal software by a la mode,inc—1-800-ALAMODE Packet Page -418- = 10/23/2012 Item 11.D. Location Map Borrower/Client Owner:United Tel.Co of FL Property Address 6666 Isle of Caon Road(aka SR 951) _. City Naples County Collier State FL Zip Code 34114 Lender Collier County Growth Management Div/ROW a to mode,Inc . rep 1 fights z t San Carlos park 'k a4t� sxsix-,r.�& Estero w .. ---. .. y 1RIemalkJiee E 'z ,s 41 Pon-ta Springs;oss name ,,a rte-° `+8` x Ot 911ilttivi • axe{� RR .,- y�p�#rM CX"A. +ltd/Kraft Dr M6 N nr.obd14n R8 iz e Pwrtt,Ptaples ' Vln ey zeds , ,. ✓ ''anni3afabkk#2 i ' ' x ors C one V tdiler Blvd/Sierra bititidows # 3.19.mites .e „rz v`u{ aF i Naples East Naples no LLIy . Naples fitanrar Subject 6666 isle of C epri;triad(aka SR 951) - 4t1 sStitaki „�.�fr�,�,'�E'�.,'�_2xan.. ,s..w....:.F..'-:emu,;...m�a�SdS�1'-•. 71:L,ea•+ Ma To 154a11cf Geccla-e drittles Form MAP.LOC—'WInTOTAL'appraisal software by a la mode,Inc.—1-800-ALAMODE Packet Page -419- 10/23/2012 Item 11 .D. Iva DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under at conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time Is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S,dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions"granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions, No adjustments are necessary for those costs which are normaly paid by sellers as a resul of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser wit not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4 The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5, The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value,These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used, 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions(including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct, The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties, 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior,written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and,professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer; consultants; professional appraisal orgarkzaticns; any state or federally approved financial institution; or any department, agency, or instrumentality of the United Stales or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media s�. Freddie Mac form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 Goodk nd&Swift,Inc. Form ACR—"WinTOTAL"annraical.cnftwere by a la mode Inn—1-800-ALAMODE Packet Page-420- 10/23/2012 Item 11 .D. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that. 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject properly for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those Items of significant variation. If a significant item in a comparable property is superior to,or more favorable than,the subject property,I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant hem in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of my knowledge, that at statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction,I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property, 5. I have no present or contemplated future interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan, 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report. unless I have otherwise stated in the reconciliation section. 8 I have personally inspected the interior and exterior areas of the subject property and the exterior of at properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility for it, SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appraiser signed the appraisal report,he or she certifies and agrees that I directly supervise the appraiser who prepared the appraisal report have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6666 Isle of Capri Road(aka SR 951),Naples.FL 34114 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson,SRA Name: Date Signed: August 30,2012 Date Signed: State Certification#: RD3475 State Certification#: or State License#: or State License#: State: FL State: Expiration Date of Certification or License:11/30/2012 _ Expiration Date of Certification or License: ❑Did ❑ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 Form ACR—'WinTOTAL"appraisal software by a la mode,inc.—1.890-ALAMODE Packet Page-421- .............. APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US4I-CRSR951 Intersection Imp.Project#60116 RCEL NO(s): 107Fee 107TCE1 107TCE2 'ARCEL AREAS: 2090 sf 49 sf 892 sf UNIT VALUES: $18.001sf 3 yr tem 3 yr term OWNER:KRG Eagle Creek III PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee parcel associated with the 951-Rt 41 intersection improvement project 107TCE1 compensation:$200 107TCE2 compensation;$3,650 APPRAISER:Mendel Westberry,MAI DATE OF VALUE(INSPECTION)8/13/12 DATE APPRAISAL RECEIVED:10/4/12 DATE APPRAISAL APPROVED: 10/5/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio 4,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:$5,050 reflects minor hardscape and landscape items located within the fee parcel ..,SCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)Cure total comes to$40,050 which is inclusive of sign relocation cure,landscapefingation cure and site plan cure. REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 37,600 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 5,050 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 3,850 _X_ Reconciliation of Value Indications COST-TO-CURE: $ 40,050 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: _, $ FINAL VALUE ESTIMATE $ 86,550 -REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data. REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER ., ( r .�l, DATE:1015112 Packet Page -422- t JJff (((JJJ APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT.DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 108Fee 108TCE1 108TCE2 :. PARCEL AREAS: 22.341 320 200 UNIT VALUES: $20.00/sf 3 yr term 3 yr term OWNER:H&V Realty(Circle K) PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee and TCE parcels needed for the US 41/951 Intersection improvement project APPRAISER:Wilcox Appraisal DATE OF VALUE(INSPECTION)9/4/12 DATE APPRAISAL RECEIVED:9/17/12 DATE APPRAISAL APPROVED: 9/18/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:Landscape,hardscape items,$55,100 4Mtli DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)Minor Cost to Cure(signange,lighting),net cost REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 446,800 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 55,100 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 3,100 X_ Reconciliation of Value Indications COST-TO-CURE: $ 27,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $532,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:9/18/12 Packet Page-423- APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. �L PROJECT:US41-CRSR951 Intersection Imp.Project#60116 ;GEL NO(s): 109Fee PARCEL AREAS: 475 sf UNIT VALUES: $27.50/sf OWNER:TJS Naples,LLC PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee parcel associated with the 951-Rt 41 intersection improvement project 1 APPRAISER:Wilcox Appraisal DATE OF VALUE(INSPECTION)9125/12 DATE APPRAISAL RECEIVED:9/26/12 DATE APPRAISAL APPROVED: 9/28/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:$3,000 reflects value of minor landscape/irrigation in take. DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)$500,minor cost to cure for reconfiguration of irrigation. REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 13,100 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 3,000 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST-TO-CURE: $ 500 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ • ANAL VALUE ESTIMATE $16,600 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:9/28/12 Packet Page-424- t a 10/23/2012 Item 11.D. ier County Growth ement Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO: ROW Staff DATE: October 8, 2012 CC: Kevin Hendricks,Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 112FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 112FEE has changed after the receipt of our appraisal for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 112FEE was 2,568.29 sf;the corrected size is 2,550 sf. As such,the calculation for the land component of this parcel is reduced to $45,900 from$46,250. This re-calculation accepts the descriptive information, analyses, opinions and unit/price conclusion ($18/sf) contained within the report under review as otherwise correct and credible. No other impacts to the appraised compensation estimate result from this change. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal to reflect a total compensation for Parcel 112FEE in the amount of$45,900. I certify that,to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results - My compensation is not contingent on an action or event resulting from the analyses, or conclusions in this review or from its use. Packet Page -425- 10/23/2012 Item 11 .D. Co ner County Growth Management Division - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Packet Page -426- . . 10/23/2012 Item 11 .D. N Ai i i .I,it F 4 TRACT 3D BARNETT BANK. NA ,-... i 0 30 60 OR 2210, PG 2146 FOLIO NO. 34520001403 GRAPHIC SCALP, .' .. I.= 60' / o '` /. / UNPLATTED ys. '' SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 /✓ ' FOLIO NO. 00726640003 i .. N35'38'49"E , ., _ —, 15.00' � ` %� f� SS G � °Q 2,550 SF V ) .cl' 4 �0� + ,i ( 4E- 4. oo t ,404 3' 39'04"W / POB 1-4.1u.,4, %y2i, t91� 4 LEGEND r RW - RIGHT-OF-WAY J 'w, OR - OFFICIAL RECORDS BOOK ....,� PG .. PAGE BOOK :a •,.. POB - POINT OF BEGINNING NO. ■ NUMBER SR - STATE ROAD FEE SAMPLE AKA ■ ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 112FEE INTEREST 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 SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22. PAGE 56. OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N54'20'28"W FOR 170.02 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41: THENCE N35'38'49"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1173, PAGE 789 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28% FOR 170.02 FEET; THENCE S35'39'04"W FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,550 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 1 5 2012 l y� V'w- ��f;hi MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS, 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. A.,.S.0012 11:07 PM I Vme 7000II m00 1.6,11 a CROn,MIn-erbn,nere.++..a,.—CROS1 RM\OOC hw»1h.,-Sumere1S.Ith Mal O.s,,dW,wl7Cf..11W Ilw.MVP_t MITA, PROTECT: U.S.41/C.R.951/S.R.951 S TL , SKETCH AND LEGAL DESCRIPTION Oat%sir air PARCEL I I2FEE: RIGHT—OF—WAY 5510 WIew Park Dne.suae 200 les Ronda PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pin,,f230)Nap 05 AX tz N 5970575 _ Le No 5952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE I •"SCALE^. I ^DATE DRAWN BY TILE NAME SHEET 090081.00.00 2 3 51S 26f "'' R.A.K. SKI) 112FEE 1 OF 1 Packet Page -427- # !/ APPRAISAL REVIEW SUMMARY , 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT DOES NOT INDICATE AGREEMENT 145TH VALUE, PROJECT:US41-CRSR951 Intersection Imp.Project 060116 'RCEL NO(s): 112Fee ,Ar2CEL AREAS: 2568.19 sf UNIT VALUES: $18/sf OWNER:Southern Management Corp. PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee simple ROW necessary for intersection improvements associated with the 41-951 improvement project. APPRAISER:Kenneth Devos,MAI DATE OF VALUE(INSPECTION)5/30/12 DATE APPRAISAL RECEIVED:6/11/12 DATE APPRAISAL APPROVED: 6/12/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None,unit price above reflects cleared out-parcel lands JCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 46,250 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X_ Reconciliation of Value Indications COST-TO-CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 46,250 REVIEW APPRAISER'S COMMENTS:The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:6/12/12 Packet Page-428- APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 113Fee 113TCE PARCEL AREAS: 1198 sf 650 sf UNIT VALUES: $9.00/sf 3 yr term OWNER:New Plan Florida Holdings PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee simple ROW and TCE necessary for intersection improvements associated with the 41-951 improvement project APPRAISER:Ken Devos DATE OF VALUE(INSPECTION)6/27/12 DATE APPRAISAL RECEIVED:7/20/12 DATE APPRAISAL APPROVED: 7/23/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:$2,100 reflects minor hardscape items DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):Minor cure associated with reconfiguration of entry island,$1200 REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 10,800 X__ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 2,100 _X_ Adequacy and Relevancy of Market Research , EASEMENT FOR:_slope-landscape $ X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 900 _X_ Reconciliation of Value Indications COST-TO-CURE: $ 1200 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ • FINAL VALUE ESTIMATE $15,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:7/23/2012 Packet Page -429- a 10/23/2012 Item 11 .D. Growth na emen Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO: ROW Staff DATE: October 8,2012 CC: Kevin Hendricks,Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 114FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 114FEE has changed after the receipt of our appraisal for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 114FEE was 3,049.92 sf;the corrected size is 3,100 sf. As such,the calculation for the land component of this parcel is increased to $55,800 from $54,900. This re-calculation accepts the descriptive information, analyses, opinions and unit/price conclusion ($18/sf} contained within the report under review as otherwise correct and credible. No other impacts to the appraised compensation estimate result from this change. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal to reflect a total compensation for Parcel 114FEE in the amount of 555.800. I certify that,to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results - My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in this review or from its use. Packet Page -430- . ,, 10/23/2012 Item 11 .D. Crottie-r County Growth Management Division - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Packet Page -431- 10/23/2012 Item 11 .D. N aw y• a :0 60 44 a'`` t9Q 4 / LELY RESORT PHASE 1, , �ve',,tte.` PB16, PG87 CUPRIC SCALE �1Z' M`1 O`i` / r, TRACT 16 SUNTRUST BANK , OR 4384, PG 446 ,/ � '� FOLIO NO. 55425004005 ., ,Eye N35'39'041 ,. 4�, 1 1 F ESF / 15.50' , I4,f0� s, /vZsiC). IN ,�, - k4 ,. I "' s 410'VG'r' 94 '4 14414:4- / S35.42'25"W hp t) N... 15.50' POB 4 F�` ,' j . COSTING RW ., c 4}y LEGEND RW • RIGHT-OF-WAY OR . OFFICIAL.RECORDS BOOK PB 4. PLAT BOOK PG - PAGE -,, POO • POINT OF BEGINNING NO. - NUMBER SR - STATE ROAD ~��. FEE SIMPLE AKA - ALSO KNOWN AS LEGAL DESCRIPTION -}PARCEL 1 14FEE INTEREST 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 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PACE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF V.S. 41: THENCE N54'20'28"W FOR 199.96 FEET ALONG SAID NORTHERLY RIGHT-OF--WAY LINE OF U.S. 41: THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, N35'39'04"E FOR 15.50 FEET ALONG THE WES I tRLY BOUNDARY OF SAID TRACT 16: THENCE LEAVING SAID WESTERLY BOUNDARY, 554'20'28"E FOR 199.98 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S35'42'25"W FOR 15.50 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 1 5 2012 /Wilt" x MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Arts R 207Z 2,00 W 11:I2AA\OROORI.00O0 tsr.1 I C1Wl7 mac..nM"nw.MYifs AO CI.ROV MN11101:/...IM,—Su.-y\SweM A'.1.....40.7CC—IW■"n arum AH![[O“ PROJECT: U.S.41/C.R.951/S.R.951 aas SKETCH AND LEGAL DESCRIPTION 11?PA RCEL 1L4FEE: RIGHT-OF-RAY BRIO MOW Perk D s,Wm 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS .hors(23 0)6974575 AX ts FAX' 517-010 LB N. 0152 JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE SCALE I DA-E DRAWN BY FILE NAME SHEET 090081.00.00 2 3 515 l 26E 1" - o^' .',./1, R.A.K. SKD_114FEE I 1 OF 1 Packet Page -432- K10/23/2012 Item 11 .D. APPRAISAL REVIEW SUMMARY SUMMARIZES DATA FROM AN APPRAISAL SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 114Fee PARCEL AREAS: 3049.92 sf UNIT VALUES: $18.00/sf OWNER:SunTrust Bank PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee parcel associated with the 951-Rt 41 intersection improvement project. APPRAISER:Kenneth Devos,MAI DATE OF VALUE(INSPECTION)5/30112 DATE APPRAISAL RECEIVED:6/11/12 DATE APPRAISAL APPROVED: 6/12/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY)None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 54,900 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X__ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) . TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST-TO-CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 54,900 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data. REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:6/12/12 Packet Page-433- • APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT DOES NOT INDICATE AGREEMENT WITH VALUE. 11 PROJECT:US41-CRSR951 Intersection Imp.Project#60116 3CEL NO(s): 115Fee PARCEL AREAS: 1,48 acres UNIT VALUES: $28/sf OWNERS:MAR Investments LLC PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee Simple acquisition in the entirety of a vacant commercial parcel(defunct gas station improvements)for intersection improvements and stornwater pond associated with the 41-951 improvement project. APPRAISER:Integra Realty Resources(Mike Jonas) DATE OF VALUE(INSPECTION)5/11/12 DATE APPRAISAL RECEIVED:6/6/12 DATE APPRAISAL APPROVED: 6/7/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:$150,000(rounded)reflects value of impact fee credits associated with existing structures _SCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):None(Total take) REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 1,800,000 X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 150,000 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: slope-landscape $ X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X Reconciliation of Value Indications COST-TO-CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER FINAL VALUE ESTIMATE $ 1,950,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWERS APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:6/7/12 Packet Page-434- 10/23/2012 Item 11 .D. Co ler County Growth anagement Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO: ROW Staff DATE: October 8, 2012 CC: Kevin Hendricks, Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 117FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 117FEE has changed slightly after the receipt of our appraisal . , for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 117FEE was 2,214.60 sf; the corrected size is 2,215 sf. The calculation for the value of the land component of this parcel is unchanged at$18,000. This calculation accepts the descriptive information, analyses, opinions and unit/price conclusion ($8/sf) contained within the report under review as otherwise correct and credible. No other impacts to the appraised compensation estimate result from this change. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal with the corrected legal description for parcel 117FEE;the total compensation for Parcel 117FEE remains at$18,000. I certify that, to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. ^ „ - My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in this review or from its use. Packet Page -435- 10/23/2012 Item 11 .D. -r County Cote Growth Management Division - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Packet Page-436- 10/23/2012 Item 11 .D. . , n1"�� N `. d ...Rif> S N. 1///> S UNPLATTED 'N RTG, ILO 0t �$0 OR 4705, PG 753 �,�,4 '1 FOLIO NO. 00728725009 GRAPHIC SCALE 1'• BO' NNNeN., SOUTHERN DEVELOPMENT CORPORATION. INC. N35'38'35"E (PARCEL 4) 10.00' OR 4380, PG 3511 FOUO NO. 00725960001 ♦■ .///1/ w. 2,215 SF ♦4♦q":r,. SOUTHERN' 43-�4♦?a * 7s�s.♦?�� / CORPORATION.RP M INC. ♦ •v / PARCEL 3) �•♦♦I FOUO OR 43E10, PG 3511 NO. 00726040001 ♦ ♦♦ Us S35'25'52'W Cits 4,/0 P09 ,, 1 D.00' 1411415- N. /tl N.\ cesnliq 111.'"N \ `�.\ LEGEND e RW- RIGHT—OF—WAY / FEE SIMPLE PB - PIA BOOK BOOK INTEREST OB AG OF BEGINNING NO. -NUMBER SR - STATE ROAD LEGAL DESCRIPTION — PARCEL 117FEE MA ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF "PARCEL 4", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380. PAGE 3511 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE N54•21'25"W FOR 221.48 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41; THENCE N35'38'35"E FOR 10.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 4; THENCE LEAVING SAID WESTERLY BOUNDARY 5542 1'25"E FOR 221.44 FEET; THENCE S35'25'52"W FOR 10.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 4, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2215 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, TECM-ROW AUG 152012 ilAIWIA-r I MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSB 5301 OAT Si NED NOT VAUD WFIHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .44 74 817 Ma.Al e`,19/11-CIwi.am true t OUST Ms."Mtse wow.*lrt pill MASmf.....NT,.4 n,p14000 sat Lxxrwtwtra-lM a",101saR_„»(r..49. SKETCH:AND LEGAL.R.951/DESCRIPTION RWK s„ro SKETCH AND LEGAL DESCRIPTION PARCEL 117FEE: RIGHT-OF-WAY MO W7Wa P-%pM"SO*20 PREPARED FOR:COLLIER COUNTY GOYEIOBIENT/BOARD Or COUNTY COWUISSIORERS Nion•o 1i ' ft.-mil nos O.'►A4;.{¢70 T.�e LSO.'0152 JOG NUMBER I RCV:S;0W SECTtQN TOWNSHIP I RANGE I SC.ALF 1 DATE I DRAWN BYc Fti NAME SHEL1 09008'4.00.00 2 3 515 26E 1" - 80' 7/23/12 R.A.K. f SKD_117FECC t or 1 Packet Page -437-_ _ _ _. .._____. 1 APPRAISAL REVIEW SUMMARY F 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 RCEL NO(s): 1175 { •ARCEL AREAS: 2214.60 sf UNIT VALUES: $8.00/sf OWNER:Southern Dev. PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Sidewalk easement needed for the US 41/951 Intersection improvement project 50%encumbrance for sidewalk APPRAISER:Mike Jonas(Integra) DATE OF VALUE(INSPECTION)6/7/12 DATE APPRAISAL RECEIVED:6/7/12 DATE APPRAISAL APPROVED: 7/23/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None ' SCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 18,000 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those,not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X Reconciliation of Value Indications COST-TO-CURE: $ Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $18,000 REVIEW APPRAISERS COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWERS APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:7/23/2012 Packet Page -438- 10/23/2012 Item 11 .D. Cr t Gauntry Growth anagement Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO: ROW Staff DATE: October 8, 2012 CC: Kevin Hendricks,Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 118FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 118FEE has changed slightly after the receipt of our appraisal for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 118FEE was 1518.06 sf; the corrected size is 1,518 sf. The calculation for the value of the land component of this parcel is unchanged at $12,000. This calculation accepts the descriptive information, analyses, opinions and unit/price conclusion ($8/sf) contained within the report under review as otherwise correct and credible. No other impacts to the appraised compensation estimate result from this change. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal with the corrected legal description for parcel 118FEE;the total compensation for Parcel 118FEE remains at$12.000. I certify that,to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in this review or from its use. Packet Page-439- 10/23/2012 Item 11 .D. Ca ier • Growth ana e ent Division - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Packet Page-440- 10/23/2012 Item 11 .D. �r-,J E / / 40106, 0 40 SD UNPLATTED GRAPHIC WALE SOUTHERN / 1^• HO' DEVELOPMENT CORPORATION, INC, (PARCEL 4) OR 4380, PG 3511 FOLIO NO. 00725860001 N35'25'52'E 10.00' UNPLATTED EXISTING SOUTHERN DEVELOPMENT CORPORATION, INC. P08 /�� (PARCEL 3) 118FEE tis*�1 j?s� FOLIO NO,000725040001 1,518 SF '?+♦ -a S7.)`♦♦� S35'39'55'14\ "∎ 10.00' N. 644 4, 4 4'11,'9 LEGEND HT-OF-WAY .. r OR .. OFFICIAL RECORDS BOOK \ A4'ST J PE = PLOT BOOK r Ati PC = PAGE \ FEE SIMPLE NOB = POINT OF BEGINNING / `1 NO. NUMBER !! \\ INTEREST AK = STATE ROAD LEGAL DESCRIPTION - PARCEL 118FEE C c- a= 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 SOUTHWEST "ORNER OF `PARCEL 3", AS DESCRIBED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'25'52'E FOR 10.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID "PARCEL 3"; THENCE LEA' SAID WESTERLY BOUNDARY '•54'21'25"E. FOR 151.83 FEET; THENCE 535.39'55"W FOR 10.00 FEET; THENCE N5421'25'W FOR 151.79 FEET ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,518 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW AUG 16 2012 4 g�E MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA' 301450 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 1+..14,SOP!514.v 4.19*5o9.xf.WOO Y#1*S1f0l,.von_,.,sw.”,wanto.w M!1 PITAIwoor Orraor a..on a^.\9•• IN Awg4•4,0ST—b'F.0118P..:Nemo* PROJECT: V.S.41/C.R.951/S,R.951 p SKETCI1. AND LEGAL DESCRIPTION t7i�, 0 OW Ikprosioi PARCEL 118FEE: RIGHT-OF-WAY 9510 Mow Pork Drive,&A.990 PREPARED FOR: COLDER COUNTY GOVERNMENT/BOARD SF COUNTY COMMISSIONERS Nolo.Florida FAL(z$ Poole 19591397.9N75 FAX:(299)997-0678 k.. ID No.,1952 _ .HOB NUMBER RL'.SION SECTION TCAKNSH'P RANGE SCALt DATE DR••N BY J FILE HAUL 3HEEF 090081.00.00 1 3 51S 26E 1` ., 80' 3/13 12 R.A.K; SKO-I18FEE 1 OF 1 Packet Page -441- _ � � / I t / APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISERS OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE PROJECT:US41-CRSR951 Intersection Imp.Project#60116 RCEL NO(s): 118Fee „RCEL AREAS: 1518.06 UNIT VALUES: $8.001s1 OWNER:Southern Dev. PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Sidewalk easement needed for the US 41/951 Intersection improvement project.50%encumbrance for sidewalk APPRAISER:Mike Jonas(integra) DATE OF VALUE(INSPECTION)6/7/12 DATE APPRAISAL RECEIVED:617/12 DATE APPRAISAL APPROVED: 7/23/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None ' SCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):None REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 12,000 X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR: drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X Reconciliation of Value Indications COST-TO-CURE: $ Other SEVERANCE DAMAGES (Not Cured): $ Other: OTHER: $ FINAL VALUE ESTIMATE $ 12,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by dted market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:7/23/2012 Packet Page -442- h I i APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL SIGNED AFTER REVIEWER DE 1 ERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT.DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 119Fee 119TCE , PARCEL AREAS: 4241 1911 Nistmo UNIT VALUES: $15.00 3 yr term OWNER:ABC Liquors PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee and TCE parcels needed for the US 41/951 Intersection improvement project. • APPRAISER:Wilcox Appraisal DATE OF VALUE(INSPECTION)9/4/12 DATE APPRAISAL RECEIVED:9/11/12 DATE APPRAISAL APPROVED: 9/17/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract,Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:Landscape,hardscape and irrigation,etc.$29,300 DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):Cure for back-flow preventer and irrigation re-configuration;$13,700(net) • REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 63,615 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 29,300 _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope4andscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ 8,600 _X_ Reconciliation of Value Indications COST-TO-CURE: $ 13,700 Other. SEVERANCE DAMAGES(Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $115,280 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are wet supported by cited market data REVIEWERS APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:9/12/12 Packet Page-443- 10/23/2012 Item 11 .D. Cottie-r County Growth Management Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO ROW Staff DATE: October 8, 2012 CC: Kevin Hendricks,Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 120FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 120FEE has changed after the receipt of our appraisal for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 120FEE was 129,390.85 sf; the corrected size is 127,969 sf. As such, the calculation for the land component of this parcel is reduced to $1,090,000 from $1,100,000. This re-calculation accepts the descriptive information, analyses, opinions and unit/price conclusion($8.50/sf)contained within the report under review as otherwise correct and credible. The appraisal includes a minor Cost to Cure of$14,000 which is unchanged. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal to reflect a total compensation for Parcel 120FEE in the amount of$1,104,000 inclusive of the Cost to Cure. I certify that,to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in this review or from its use. Packet Page-444- 10/23/2012 Item 11 .D. Growth Management Divisbn - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Packet Page-445- . . 10/23/2012 Item 11 .D. . • N S TC PROPERTY VENTURE, LLC 0 100 200 OR 4745, PG 2036 ■ FOLIO NO. 34520002004 GRAPHIC SCALE 1' = 200' COMMERCIAL FREEDOM SQUARE N PROPERTIES SW, INC. PB 22. PG 56 FOLIO NO. CO�Q OR 3695, PG 411 L-308.79' R=3026.0034520001908 r Q A=55049 64.O CB=N39•35'13'E ? S //0 ' �G=308.66' J N36'39'48"E * r,s t 46.62' POB ", i N.W. CORNER .44 It OF TRACT 16 �4) F 40� �.h r7((sra+c 1. 120FEE eo' 3 F/ `,p 1s Op�1 127.989 SF tle d':}, Ir,2 \J' / / g IfiC•:' ?y N35•42'25-E ° 40, A 5,21 K 4,,,,,„/./ 0, .0170 re.s402a0c1aoe `j 4w ' 064* sz \ T ..! _._ , ' LEGEND RW - RIGHT-OF-WAY f OR - PLAT OFFFICIBL RECORDS BOOK '7/�yL,/ PG - PAGE_ROAD t`7 1`,T'Y FOB POINT OF BEGINNING '`fY NO. - NUMBER L - LENGTH .'11 R - RADIUS FEE A - DELTA � .. CB ■ CHORD BEARING INTEREST T�CREST C - CHORD I LEGAL DESCRIPTION - PARCEL 12DFEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE 1, RECORDED IN PLAT BOOK 16. PAGES 87 THROUGH 99 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA: THENCE N35'39'04"E FDR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE LEAVING TRACT 3E, S54•22'14`E FOR 307.80 FEET; THENCE N36'39'48•E FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 308.79 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS DF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 05'50'49', AND WHOSE LONG CHORD BEARS N3W35'13'E FOR A DISTANCE OF 308.66 FEET; THENCE S54•20'51`E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFIC[AL RECORDS BOOK 3695, PAGE 411 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE S35'41'39'W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SOUARE PLAT; THENCE N54'32'56"W FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4117, PAGE 1702 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA: THENCE N35'42'25'E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16. AS SHOWN ON SAID LELY RESORT, PHASE I PLAT. TO THE NORTHEASTERLY CORNER OF SAID TRACT 16; THENCE N54'20'28"W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 127,969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TFCM - ROW JUL062012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .x..I. •012 1:31 ti*AMP\o►ooerAOC u5.I a av,r M. when Yeerew..*.NIA CM?IMAM Ib.\T 1_5wr.\51.0 MO o.+,auewws?sf-Ir A,021,95RT..1KM�N.e PROJECT: U.S.41/C.R.951/S.R.951 TION ► 4 SKETCH AND LEGAL DESCRIPTION � PARCEL 120FEE: RIGHT-OF-WAY B010 Mow Pen Drive.SW*200 Who. FA 34109 PREPARED FOR: COWER COUNTY GOVERNYSNT/BOARD OF COUNTY COMMISSIONERS PTOne:(239)997-0575 75 FAX:(239)59741570 LB No.:6952 JOB NUMBER PTV'S:.. c N U I.:;N I I BY TOWNSHIP RANGE SCALE T. ^ DATE DRAWN FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" - 200' 6/8/12 R.A.K. SKO_120FEE 1 OF 1 Packet Page-446- r: w� APPRAISAL REVIEW SUMMARY ( ! 1 0/23/2012 Item 11 .D. SUMMARIZES DATA FROM AN APPRAISAL.SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE PROJECT:US41-CRSR951 Intersection Imp.Project#60116 PARCEL NO(s): 120Fee PARCEL AREAS: 2.97 acres or 129,391 sf UNIT VALUES: $8.50/sf OWNERS:Commercial Properties of SWFL PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee simple ROW necessary for intersection improvements and storrrnvater pond associated with the 41-951 improvement project APPRAISER:Integra Realty Resources(Mike Jonas) DATE OF VALUE(INSPECTION)5/2/12 DATE APPRAISAL RECEIVED:6/4/12 DATE APPRAISAL APPROVED: 6/5/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract Folio#,Assessed Value,et) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None,land unit price above is inclusive of Bearing and grading improvements. DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):$14,000 reflects the cost to amend the existing SDP for the remainder lands. REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 1,100,000 X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR: slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST-TO-CURE: $ 14,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 1,114,000 REVIEW APPRAISERS COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWERS APPROVAL HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:6/5/12 Packet Page-447- t Goodkin0&Swift,Inc. r 10 /23/2012 Item 11 .D. r LAND APPRAISAL REPORT Project#60116 File No. Parcel 121TCE Borrower Owner East Storesmart Naples LLC Census Tract 111.02 Map Reference S3-T51-R26 Property Address 6810 Collier Blvd r City Naples County Collier State FL Zip Code 34114 Li Legal Description 3 51 26 BEG E1/4 Cor Sec 3 Run S 629.67ft N 54 Deg W on U 400f1 N+part with N R/VV SR 90 4350.31ft to E R/W cc Sale Price$N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ Leasehold ❑De Miltinis PUD cm Actual Real Estate Taxes$32,507.02 (yr) Loan charges to be paid by sever$N/A Other sales concessions N/A Lender/Client Collier County Growth Management Div./ROW Address 2885 S.Horseshoe Drive,Naples,FL 34104 Occupant Owner Appraiser Harry Henderson,SRA Instructions to Appraiser Estimate Fair Compensation,Parcel 121TCE Location Urban ®Suburban ❑Rural Good Avg. Fair Poor Built Up ❑ Over 75% ®25%to 75% ❑Under 25% Emvm ploerd Stability ' y I 2 1-1 ❑ Growth Rate ❑ Fully Der. ❑Rapid E. Steady ❑ Slow Convenience to Employment .W_____21,_ Prepellly Values 0 increasing �Y. Stable ❑ Declining Convenience to Shopping (' Ll Ti Ll Demand/Supply ❑Shortage Z in Balance `-)Oversupply j Convenience to Schools El IA ii T p Marketing Tints ❑Under 3 Mos.. L'-]4-6 Mos. Over fi Mos.. Atlequaoy al Pubi=c Transpa,-lati0n El 'x� C'•-1 Li Present %One-Unit %2.4 Unit %Apts. 35%Conde 35 %Commercial Recreational Facilities T 1 f> f Li x Land Use %Industrial 30%Vacant % - ce Ad perry of pat! ) i r J^ Change in Present ❑Not Likely Ukety(') L 1 Taking Place(") Properly Compailbitty i 1 0 ❑ x Land Use L)From vacant To cornmere al Protection from Detrimental Conditions Il f�^;;�) L ET Predominant Occupancy ❑Owner Tenant S O %Vacant J Police and Fire Protection El 15! L L 1 One-Unit Price Range $ N/A to$ N/A Predominant Value$ N/A General Appearance of Properties n {>f] 1,-j n One-Unit Age Range N/A yrs.to N/A yrs. Predominant Age N/A yrs. Appeal to Market ❑ N D. I i Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) See attached addenda. Dimensions Two part parent tract(bi-sected by entry driveway parcel) = 3.58 acres Z Corner Lot Zoning Classification PUD-commercial component Present Improvements ®Do ❑ Do Not Conlon to Zoning Regulations Highest and Best Use ®Present Use ❑Other(specify) Public Other(Describe) OFF SITE IMPROVEMENTS Topo Level Elec. ® Street Access ® Public ❑ Private Size Compatible with area w Gas ❑ Surface Paved Shape Rectangular,two part v, Water ® Maintenance ® Public ❑ Private View Commercial San.Sewer ® ® Storer Sewer ®Curb/Gutter Drainage Appears to be adecuate ❑ Underground Elect,&Jet. 21 Sidewalk [! Street Lights is the property located in a FEMA Special Flood Hazard Area/ [�'Yes [_j No Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions) Zone AE,#12021 C0604H,dtd 5/16/12 No adverse conditions observed.The subject lot is encumbered by standard perimeter roadway and utility easements. This appraisal considers land and effected improvements only(see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; it a significant item in the comparable is interior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the Indicated value of the subject, ITEM I SUBJECT PROPERTY 1 COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 6810 Collier Blvd Heritage Bay-Immokalee Rd 11700 Tamiami Trail E. 0240 Collier Blvd Naples,FL 34114 !Naples,FL 34120 Naples,FL 34113 Naples,FL 34114 Prowrnit to Sub'eel I 114.56 miles N 1,54 miles NW (1,05 miles S Sales Price S NiA,I' $ 6.97/511 ' ;5 " E.'? Price 15 00,00 lr J5 75.00 f co i5 F$ 3.SOO,OOOj 1S 800,000 i$ 775.000 Data Source{s) BK 4703 PG 2512 1BK 4609 PG 3037 BK 45 85 PG 1392 ITEM _ DESCRIPTION ) DESCRIPTION 2+(4 IS Adjost.I DESCRIPTION I+(:-)$Adiusl.. DESCRIPTION +(-)5 Adios! a Date of SalnTrime An(. N/A IU7!11 I Nomjnall9/10 . Nominal 4/10 Nominal r.- Location Avq.Comm.Exp. jSimiiar Interior +1.65 Similar g Snentiew 13 58 acres ;11.53 acres In S/514.13 acres In$/sr2.00 acres In S/sf LT; Zoning !PUD-Commercial !PUD-Commercial C-3 SimilarJC_4 Similar cp Topeoraphy Level ;Level Level ---•°� !Level I SrzeFactor !Standard !Larger +1.50;Similar Similar I Sates or Financing NIA Concessions N/A 1 Net Adi.(Talc) 3+ Ll- IF 15t r.°+ -�j�IS 1.65_ I � ( — $ Indicated Value Net 21:5 % Net 37.2 % Net %.. of Subject Gross 21 % $ 8.47! Gross%'37.2 % $ 6.09) Gross %,5 9.55 Comments on Market Data See attached addenda. Comments and Conditions 01 Appraisal This is an appraisal of land and affected improvements only.The proposed taking parcel 121TCE has no impact on building improvements or hardscape.The taking parcel has no impact on the functional utility of the subject property.See comments in addendum, z Final Reconciliation The appraised value for the subject parent tract lands reflects a unit/price of$8 50/sf or$1,325,000 total.The compensation value for parcel 121TCE(temporary construction easement)is based upon a 3 year term/duration 1V 1(WE)ESTIMATE THE MARKET VALUE AS DE EQ S}r THE UB ECT PROPERTY AS OF f1 July 16,2012 70BES 200(Parcel 121TCE) a Appraiser Harry Henderson,SRA r Supervisory Appraiser(il appbcablel u Data at Signature and Report July 16,2212 Data of Signature - Tate Review Appraiser Title I Slate Certification# RD3475 ST FL Stale Certification# ST `v.. Of Slate License# ST Or State License# _ ST Expiration Date of State Certification or License 11/30/2012 Expiration Date of State Certification or License Date et inspection 1i'-applicable) July 16,2012 El Did Cl Did Not Inspect Property Dale St Inspection Form LAND—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE U6r71 Packet Page -448- 17 10/23/2012 Item 11 .D. Supplemental Addendum File No.Parcel 121 TCE Borrower/Client Owner:East Storesmart Naples LLC Property Address 6810 Collier Blvd City Naples Courtly Collier Slate FL Lip Code 34114 Lender Collier County Growth Mananement Div./ROW •Land:Neighborhood Comments The subject property(parent tract)is located on the east side or CR951(Collier Blvd)close to the US 41 intersection in the East Naples area of unincorporated Collier County.This is a developing commercial corridor.Existing commercial properties in the immediate vicinity of the subject include a CVS store and the Freedom Square Shopping Center;a variety of other national brand retail establishmentsfbanks/gas stations are also nearby.The City of Marco Island Reservoir is located just north of the subject parent tract.A number of undeveloped commercial tracts remain in the area;these are poised for development once economic conditions improve.Development along US 41 east of the intersection is relatively sparse.Maintenance levels in the area are generally good. Parent Tract and Improvements The subject parent property consists of two tracts with a total land area of 3.58 acres.These tracts are improved with a self-storage facility known as Capitol Self Storage.The storage facility tracts are bi-sected by the entry driveway which provides access to the the storage facility itself as well as the Falling Waters Beach Resort complex situated immediately east of the subject parent tract.Building improvements include basic self storage units and the facility offices;site improvements include paved driveway areas,fencing,signage and landscaping.Building improvements and hardscape improvements are not impacted by the taking parcel and are therefore given no further consideration in this report. Parcel 121TCE Parcel 121 TCE is a temporary construction easement needed for the construction of intersection improvements associated with this project.This parcel is located at the southeast corner of the bi-secting entry drive and the southerly portion of the two piece parent tract.It is rectangular in shape(5ft x 13.85ft)and has an area of 69 sf.The use of this temporary construction easement is for the movement of men and equipment during the course of the intersection improvement construction period;it will have a 3 year term(duration).Site improvements located within the parcel area are limited to lawn sod.Any damage to this section of lawn caused by the TCE will be repaired/replaced by the contractor. •Land:Market Data Comments The subject and comps are compared on a unit/price basis($/sf)which eliminates the need for direct size adjustments.All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject properly.Location adjustment for Comp#2 reflects its location away from any major intersections in a less intensively developed stretch of the East Trail.Size Factor adjustment for comp#1 reflects economies of scale whereby,all else being equal,significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts.The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of$6.09/sf to$9.55/sf;all factors considered,a mid-range value of$8.50/sf isrtT' selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands:$8.50/sf x 3.58 acres(155,940 sf)_$1,325,000(rounded) Valuation of Parcel 121 TCE At a unit price of$8.50/sf and a 3 year term for the ICE;the compensation value forthe TCE is valued as follows: 69sf x$8.50/sf=$586.50 x 10%(land cap.rate)x 3yrs=$176,called$200. Form TADD—•WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-449- I 10/23/2012 Item 11 .D. Subject Photo Page Borrower/Client Owner:East Storesmart Naples LLC Property Address 6810 Collier Blvd City Naples County Collier Slate FL Zip Code 34114 Lender Collier County Growth Management Div./ROW � ' r� Subject Parent Tract Aerial �" � r 6810 Collier Blvd ,- Sales Price N/A ii i Gross Living Area Total Rooms l Total Bedrooms y Total Bathrooms r , } Location Avg Comm.Exp. y �t� � /,'' . a, wl View 3.58 acres 3 40' r P ',' r I�y� a e.... Site c �/' e• ;f Quality ' � ° Age ,ii4 lit Subject Parcel Area Beach Pxsart. 4' Next Mot rr u wir.--4-....ir ivonisisismis........;:i,-,:"--:7i-ii---..._ ..::-. __.i„.___7: <� 3 - i-;.17::,:',"::.:;,Z. ' Si''y- F +w''"a •: t .. -,:,.._:.,;;-,7",.,,,,,;-: d � t 3w Y L uk-.` _-i'- J,' , 1 Subject Street r , rF . � '�' ,-li. Collier Blvd :;:.,,,,:: v Form PICPIX.SR—-WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-450- 10/23/2012 Item 11 .D. Comparable Photo Page BorrnwerfCtlenf Owner'East Storesmart Naples LLC Properly Address 6610 Collier Blvd City Naples County Collier_ State FL Zia Code 34114 e1 + Lender Collier County Growth Management Div./ROW ter., �`� � � �� Comparable 1 • g Heritage Bay-Immokalee Rd a ."414...i; �IlIlF+'i Prox to$uhject 14.56 miles N r• Sales Price 6.97/sf' JItE Gross Living Area Total Rooms 1 f � a Total Bedrooms t „,./16,'.444-,4 5 , '� Total Bathrooms C ;5'xv� `'-�.,..tp.r "y zt,. $js,� Location Similar 4 p� W r t ! View 11.53 acres L.':',.,:::..,;,7,.;,:,jt'Hl,99;cf-',L;'-I..4;::47-1.a .....,......i.......it,....er.'"',;..7;:;.;A:t,P,7',-.i-”-i-7-4,--_' Site ten.e Age . ',..,,t •4t .: t ..r.•4,?-.., '. Comparable 2 ,.c- 11700 7amiami Trai!E. '°� � yak Prot.t0 Subject 1,54 miles NW R+ t + * .r Sales Price 4,44/sf �+ t y*. t' Gross Living Area *" ' �` ' -,*. Total Rooms t �" .,o N,.;;;; -.,,,:. " Total Bedrooms '711 II-4116:4-fit' "� Total Bathrooms i " 4'4',.•,L- 2).',i; Location Inferior = a View 4.13 acres Site g v ,; Quality fir,. - c Age -Y iti, LKKSKr. •'.t 4 • • � z " Comparable 3• i ,i l''' . :4\ o% w+ 6240 Cotter Blvd it,' 3, o �r1-„'o o ` Prot to Subject 1.05 miles S < '' F' Sales Price 9.55/sf ' ` Gross Living Area priff s fi. : Total Rooms L.-,7*c '" "" r s r Total Bedrooms J s ..am , •'. Total Bathrooms L;-'47:- x Location Similar 4:i4-44,- irr '1 .� View 2.00 acres .�? 1 #' «...1 °.:II,'�"l� - Site Quality ri r rt s'- r . , Aqe s v G 1 y� f .. t �I , Form PICPCCCR—'WinTOTAI'appraisal software by a la mode, inc,_1•BOQALAMODE Packet Page -451- 10/23/2012 Item 11 .D. Location Map Borrower/Client Owner:East Storesmart Naples LLC , Property Address 6810 Collier Blvd Sy Naples County Collier State FL hp Code 34114 Lender Collier County Growth Management Div/ROW {t Kut..t.tAaus JY a la mode,inc 1jLl 4. 10,040.1-1A .ars,c I .. [ P>Tat acacrtny'YS Y7JNRa s $ rR S _ v t ixo .urxnymo? vah.K.v ' W.4' Qua.Won UH ll Rms.- vT r<,4:41 J r X?S do . ' '[L•;.,t SAFArAr.OY .AtT I ' r`1V51TTA r�P1,Ad.°K.tJ/-+• • ••-_.<...> `✓ q rams r 0...r"--Elm -Note.:: vJ•rd'v.3:CA: r... +raa,,,..^y Sh,-0•1.u?"Qi 't!.1cJ,`sgt 3,4,•,•::-<r.tMt . 'Y?LYw"^J AT 1 dnt4 Olin LrCQ' A4:4:etr L . 7,444,^4 PF▪ TKai,1,A..LITCF :+AACi tt:rn3 5 SCa1tf »;• luttt VV.N"rs? Ht,wutA v... Lake 1 . - „, p..,:,D,..,:,D,,,,,, 1 Palm River yyy Gi a 1:11_4" '' i i.w y s Naples Park Etates . f ,,..:,,,,/,,,r, s. <e rmtr[katccRd Hrn a .." d nc1;rmr,; H arrea Z • U''Arr tm44. DrCavwtzc,tanrA SL�,J n tt:ac.nrt .,t..'I Gsrw:la C9St m• .-b:•C,V'OAT f L.sYLT US, Hrrf.rl l.ner. rY''ids LA- 'AAP,. FJ1A14 'f4.w�:a. TRw'1TO ;tturca t41 /3 uarn,.r,TrJo.cTn t7>rw. rorr, - : Vanderbilt Beach uan[JTo a Y,'s„aat sax, xnu rr,[[=u} Vartama+,.T Ccu:'ran L:L:e i vuc?,Jvanz- !.r 'iii , . 7. r4RJ,i rvrSAt-,P, J:, d Pelican Bay [•;-.•'4a r c` II Comparable Si 1 t- North Naples a.. .La' •'TL Vin eras He[utage Bay-Irttlitokalee Rd .x:•D.,-n,: `'[u;a r C'*cx S^5 Ia F- 14.56 miles 1pSJ1,C S T,0",▪':Cks-L,.zr w.a<:ac. "e' fir LA.. 1',: 5 .1'Hr..k:7 114,4fa.Y', lwJr,+rn.L'''''''''• C'.t'''''.rn+,F <4,,,▪ S^.-- LA!*510,i ere_- ATA41l4C'f:3 Vl l.rl Golden Gate i 1..:•J r•�.a:,, a rnt GC•ssra :Mg 1_ C'Wdoa Get P lr aua•'DA m, 31 rl A_. i.L-eT i nsy,:[Pra- i5, C,*.' I,ta.J. L*T ti Y 1.to.t u,vcaFXU„ '" g" ly4I44n A;FAPe • LP':TVAT,•P SA L.eiu.r• 41 CLATANatlb AC S tsro Q 0 nR. Vi ua[,""a"" qrr {- ..kFl,&•T..n..r.A .._'r:c 4'arcdr,a..ea:C' TGa174y,r1N'i• ,-`- Ft j . A.tsf rt.1 ta.T,pt tr. l East Naples i a p es wu.wrwx ..i cs , i NAt i AN.CYTOT. _Cn•Sbnt S,kr°LAg'ykRTf ,,,,,,,...4,,,,,,,,,...4,,,,uJz let:.LA '.4tcr wnu'k5' QVRLpJa L p :.:rns c:.n?, r: rz 10/23/2012 Item 11 .D. • Oak- DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are wet informed or well advised,and each acting in what he considers Iris own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the properly sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a resut of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dolar cost of the financing or concession but the dollar amount of any adjustment should approxmate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the life to It. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the life. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3. Tice appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4, The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report arty adverse condibdrs (such as, needed repairs, depreciation,the presence of hazardous wastes, toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otheewise stated in the appraisal report,the appraiser has no knowledge of any hidden or unapparent conditions of the properly or adverse environmental conditions(including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be respons ible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions east. Because the appraiser is not an evert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property valve, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower,the mortgagee or its successors and assigns;the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumenlatty of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data colection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 0-53 Pape 1 012 Fannie Mae Form 1004B 6-93 Goodkind&Swift,Inc. Form ACR—'WinTOTAL'appraisal software by a la mode.inc.—1-800-ALAMODE Packet Page-453- 10/23/2012 Item 11.D. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a nenimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior lo,or more favorable than,the subject property,t have made a negative adjustment to reduce the adjusted sales price of the comparable and,It a significant item in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of ray knowledge,that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only ray own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal Interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject properly,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property, 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific resul,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition In the definition of market value and the estimate I developed Is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report, I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9, I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I retied on significant professional assistance from any individual or individuals in the periomance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed to specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility tar it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and urn taking fat responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6810 Collier Blvd,Naples,FL 34114 APPRAISE i. SUPERVISORY APPRAISER (only if required): Signature: jS � ' t 1" Signature: Name: Harry Henderson,SRA Name: Date Signed: July 16.2012 Date Signed: State Certification#: RD3475 State Certification#: or State License#: or Stale License#: State: FL State: Expiration Date of Certification or License:11/30/2012 Expiration Dale of Certification or License: ❑Did ❑ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 or 2 Fannie Mae Form 10048 6-93 Form ACR—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-454- Goodldnd&Swift,Inc. 10/23/2012 Item 11 .D. LAND APPRAISAL REPORT Project#60116 File ND. Parcel 122TCE Borrower Owner:Falling Waters Beach Resort MA Census Tract 111.02 Map Reference S3-T51-R26 Property Address Beach Boulevard(E/S Collier Blvd) City Naples County Collier State FL Zip Code 34114 ur Legal Description 3 51 26 That Portion of Sec 3 Desc in OR 2471 PG 1821 (portion of Commercial Parcel A) /MN► 2 Sale Price$N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ®Fee ❑ Leasehold ❑De Minimis PUD Actual Real Estate Taxes$N/A (yr) Loan charges to be paid by seller$N/A Other sales Concessions N/A Lender/Ghent Collier County Growth Management Div./ROW Address 2885 S.Horseshoe Drive,Naples,FL 34104 Occupant Owner Appraiser Harry Henderson.SRA Instructions to Appraiser Estimate Fair Compensation,Parcel 122TCE Location Li Urban X Suburban jmj Rural f Good Avg. Fair Poor Butt Up ❑Over 75% ®25%to 75% ❑Under 25% ,EmployraerlC Stability j J RI fl r__ Growth Rate ❑ ruby Den. ❑ Rapid X Steady 0 Slow I Convenience to Employment fl [ El n Properly Values ❑Increasing X Stable El Demand/SupPly ❑Shortage X€In Balance ❑Oversupply upply Convenience to Schools 1 ❑ o Marketing Time f]Under 3 Mos. ❑4-6 Mos. X Over 6 Mos. Adequacy of Public Transportation El rg 1--) L o Present %One-Unit %2-4 Unit %Apts. 35%Condo 35 %Commercial Recreational Facilities El R El x Land Use %Industrial 30%Vacant % Adequacy of Mlles n VI 7 C"f az Change in Present ❑Nat Likely X Likely(') ❑Taking P ace() Prooedy Compatilrihty ❑ PI El El Land Use (•)From vacant TO commerciat Protection from Detrimental Cond;tions (j tt) El {" w Predominant Occupancy ❑Owner X Tenant 10 %Vacant €Pace and Are Protection f] (WJ ' Ono-Unit Price Range S N/A to S N/A Predominant Value S N/A 1 General Appearance of Properties 1-1 ;q `7 J-1 One-Unit Age Range N/A yrs.to N/A yrs. Predominant Age N/A yrs. Appeal to Market 0 Z 0 0 Continents including Nose factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) See attached addenda. Dimensions portion of Commercial Tracts as per PUD = called 3.58 as ❑Corner Lot Zoning Classification PUD-commercial component Present Improvements X On ❑On Not Conform to Zoning Regulations Highest and Best Use X Present Use ❑Other(specify) Pubic Other(Describe) r OFF SITE IMPROVEMENTS Topo Level Elec. E ,Street Access ®Public ❑Private Site Compatible with area W Gas ❑ I Surface Paved Shape Rectangular '=Water X Maintenance ® Public ❑Private View Commercial San.Sewer X ® Storm Sewer ® Curb/Gutter Drainage Aopears to be adecuate ❑ Underground Elect.&Tel. X Sidewalk ®Street Lights ( Is the properly located in a FEMA Special Flood Hazard Area? El Yes ❑No Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions) Zone AE,#12021 C0604H,dtd 5/16/12 No adverse conditions observed.The subject lot is encumbered by standard perimeter roadway and utility easements. This appraisal considers land and effected improvements only(see comments in addendum). The undersigned has recited the following recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant item in the Oak comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(+)adjustment Is made thus increasing the indicated value of the subject. ITEM j SUBJECT PROPERTY i COMPARABLE NO.) COMPARABLE NO.2 ( - COMPARABLE NO,3 Address Beach Boulevard(E/S Collier Blv Heritage Bay-tmmokalee Rd 11700 Tamiami Trail E. 16240 Collier Blvd Naples,FL 34114 (Naples,FL 34120 Naples,FL 34113 Neoles,FL 34114 ,Proximhyto Subject f ' r - 14 45 miles N 1.60 miles NW 1.17 miles S Sales Price 1$ N/A . IS 6.97tsf (S 4..44/311} $ 9.5518f 512, to Price 15 - j5 3,500.600 1$ aoo.00cs Is 775.000 Data Source(s) !61«703 PG 2512 9114609 PG'3037 19144565 PG 1392 z ITEM DESCRIPTION DESCRIPTION I+(-)S Adjust DESCRIPTION +(-IS Mr: t( DESCRIPTION +(-1$MlusL Data of Saie/liime Adj. IN/A 107/11 Nominal 9/10 Nom inal4/10 Nominal � Location Ava.Comm Exp. !Similar Inferiar I +1.651Sjmrliar a Site/View icalled 3.58 as 111.53 acres In Stsr14 13 acres I_ In Sisfj2.00 acres In S/sf L7,1 Zoning IPtJD-Commercial PM-Commercial IC•3 Similar/C-4 Similar cr Tepmrraphy (Level !Level !Level /Level § Size Factor 1Standard ;Larder f +1.50 Similar /Similar Safes or financirie jN/A Concessions 1N/A Net Adj.(Total) ((L + Ei- $ 1.s� rx +f- 1__L._ . 1 651 l"+ ❑- Is Indicated Value ' Net 213 % Net 37.2 %I f Net % of Subject J Gross 215 % S $47 Gross 37.2 % S 609` Gross %j, 9.55 Comments on Market Data See attached addenda. Comments and Conditions of Appraisal This is an appraisal of land and affected improvements only.The proposed taking parcel 122TCE has no im•act on buildin.improvements or hardsca•e.The taknn• •arcel has no im•act on the functional utili of the subject•ro•e .See comments in addendum Final Reconciliation The appraised value for the subiect parent tract lands reflects a unit/price of$8.50/sf or$1,325,000 total.The compensation cavalue for parcel 122TCE(temporary construction easement)is based upon a 3 year term/duration. a n- - (WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE SUBJECT PROPERTY AS OF July 16,2012 TO BE$ 1,700(Parcel 122TCE) o Appraiser Harry Henderson,SRA Supervisory Appraiser(if applicable) w Date of Signature and Report July 16,2012 Date of Signature Title Review Appraiser Title reelleek -- Slate Certification# RD3475 ST FL State Certification# ST Or State License# ST Or State License 4 ST — Expiration Date of State Certieicat an or License 11/30/2012 Expiration Date of State Certification or License Date of Inspection(t applicable) July 16,2012 ❑ Did El Did Not Inspect Property Date of Inspection Form LAND—'WinTOTAL'appraisal software by a la mode,inc..1-BOG.ALAMODE 05/11 Packet Page -455- 10/23/2012 Item 11 .D. • Supplemental Addendum Retto.Parcel 1227CE Borrower/Clot Owner:Falling Waters Beach Resort MA Property Address Beach Boulevard(615 Collier Blvd) City Naples Caen ty Collier Slate Ft. Zip Code 34114 Lender Collier County Growth Mananement Div./ROW •Land:Neighborhood Comments The subject property(parent tract)is located on the east side of CR951(Collier Blvd)close to the US 41 intersection in the East Naples area of unincorporated Collier County.This is a developing commercial corridor.Existing commercial properties in the immediate vicinity of the subject include a CVS store and the Freedom Square Shopping Center,a variety of other national brand retail establishments/banks/gas stations are also nearby.The City of Marco Island Reservoir is located just north of the subject parent tract A;number of undeveloped commercial tracts remain in the area;these are poised for development once economic conditions improve.Development along US 41 east of the intersection is relatively sparse.Maintenance levels in the area are generally good. Parent Tract and improvements The greater parent tract property is the Falling Waters Beach Resort residential condominium complex having a total acreage of just over 71 acres(residential portion).The subject parcel is located within the entry drive(Beach Boulevard)which provides access to the residential complex as well as to commercial areas fronting Collier Blvd.The commercial tracts are improved with a self-storage facility known as Capitol Self Storage.The subject portion of the entry drive(Beach Blvd)is identified as commercial land within the PUD document.For the purpose of this analysis the subject parent tract is considered to be the commercial component of the PUD(synthetic construct as per ownership)having an area of 3.58 acres.As such,commercial land pricing can be applied to the take area to the benefit of the owner. Building and signficant site improvements are not impacted by the taking parcel and are not considered in this report. Parcel 122TCE Parcel 122 TCE is a temporary construction easement needed for the construction of intersection improvements associated with this project.This parcel is located across a small strip of the entry drive(Beach Blvd)into the Falling Waters Beach Resort complex(adjacent to the Collier Blvd ROW).It is rectangular in shape(5ft x 96.15ft)and has art area of 481 sf.The use of this temporary construction easement is for the movement of men and equipment during the course of the intersection Improvement construction period;it will have a 3 year term(duration).Site improvements located within the parcel area are limited to minor plantings within the driveway island and curbing/pavement.A$500 allowance is provided to cover the cost of replacing any plantings damaged within the TCE area,1-lardscape items(curbs)should not be impacted or will be repaired by contractor. •Land:Market Data Comments The subject and comps are compared on a unit/price basis($/sf)which eliminates the need for direct size adjustments.All sales involve the relatively recent sale of commercial lands having market characteristics similar to the subject property.Location adjustment for Comp#2 reflects its location away from any major intersections in a less intensively developed stretch of the East Trail.Size Factor adjustment for comp#1 reflects economies of scale whereby,all else being equal,significantly larger land tracts tend to sell for lower unit prices relative to their smaller counterparts.The subject and comps are essentially similar with respect to other pertinent characteristics. The sales cited show an adjusted unit/price range of$6.09/sf to$9.55/sf;all factors considered,a mid-range value of$8.50/sf is selected as most reasonable for the subject lands. Indicated Value for Parent Tract lands:$8.50/sf x 3.58 acres(155,940 sf)=$1,325,000(rounded) Valuation of Parcel 122TCE At a unit price of$8.50/sf and a 3 year term for the TCE;the compensation value for the TCE is valued as follows: 481st x$8.50/sf=$4088.50 x 10%(land cap.rate)x 3yrs=$1226,called$1200. Plus$500 allowance for any damaged landscape items;Total Compensation:$1.700 Form TADD—'WinTOTAL'appraisal software by a la mode,inc.—1•B00-ALAMODE Packet Page-456- 10/23/2012 Item 11 .D. Subject Photo Page Borrower/Client Owner.Falling Waters Beach Resort MA Property Address Beach Boulevard(E/S Collier Blvd) City Naples _ County Calker State FL ZIP Code 34114 Lender Collier County Growth Management Div./ROW Subject Front ' � . "u Beach Boulevard(E/S Collie Sales Price N/A i Beach Resort •4`" c.LA. . Next Right f Tot Rooms .;�i _ Tot.Bedrms. i~ l Tot.Bathrms. -- �- Location Avg.Comm.Exp. ;—�_* = View called 3.56 ac _ qg Site ` J Duality r.F s = Age , ' 4i $ p I y#r w„ x, 1 ..G 't;:-:;-.- . l 4fifi Subject Street fit"`" .. aa, s, . ' by� a r r Form SUBLG2—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page -457- 1 Comparable Photo Page 10/23/2012 Item 11 .D. Borrower/Client Owner.Faring Waters Beach Resod:MA Pra_perty Address Beach Boulevard(E/S Collier Blvd) City Naples County Colter Stale FL Itp Code 34114 Lender Colter County Growth Management Div./ROW - '. `"�' r1, �; Comparable 1 1 � dY Heritage Bay-Immokalee Rd ya t s f/' g u' t Prox.to Subject M 14.45 miles N y 7 1 s,: , �I�l� �� Sales Price 6.97/sf Gross Living Area Total Rooms x ,ix Total Bedrooms �, ? ,000. _ Total Bathrooms a°� r# ,�.,$"1..•*'d2. �' Location Similar 1 �� " View 11,53 acres Site x 3 rr a. , y.� 44, . ., Quality +:``'., '4 .rttA ->` ,'c._±- Age sral, ,ri" ate`e- :'3s '°'Tai*+.'.. ',;---,,;,°'44;;"...."-:XN ,,;x Comparable 2 '` , i4r „,t.,,`.y r �. 11700 Tamiami Trail E. ''A....-Ntf V".tt- °�x \� r , :,,,, r,, Prot to Subject 1.60 miles NW . ,� �' Sales Price 4.44/sf r.,/.1y".40',„&.; '`** ` .• .7.1-7.,S 4 ! r00- * \1xx!� Bedrooms r `T��l Total Bathrooms •�c� �� -� ,.� Location Inferior aster ,; %.1",:',4,,� ' y View 4.13 acres t^ 'Y c .h `-:„'c Quality ` ,,. Age R t r �.* apt �qa*SE re.. . / 7 Comparable 3 iiiirS;;:q ' --;,...7.,;::,-,t,,,-- ��1 6240 Collier Blvd e ( jt ,,, � . Prox to Subject 1.17 miles S Sales Price 9.55/sr ?' A Gross Living Area f # "' Total Rooms :; r Total Bedrooms `P Pi,- v '" .. , Total Bathrooms !„ "a i` z." Location Similar View 2.00 acres c: ' Site -A "_^ - Quality sY Sf r ^� r� Age . i r , 5 Form PICPIX.CR—'WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMOOE Packet Page-458- , 10/23/2012 Item 11 .D. " Location Map Sanwa/Cfienl Owner.Falltnq Waters Beach Resort MA Properly Addrss Beach Boulevard(EJS Coftler Blvd} City Nantes County Cofer Stale Ft, Tip Code 34114 lender Colltar CoLI tty Growth Management Div./ROW ,+ "" a�.oncvrOoo a l3 made, Inc. �'" C;snr co n1,tats✓ N1 vsoL SaeaNdn wod—R--. '~ Am..PRCF St M CCNTCR C.n LS 14o] , Oro' Slone 'S rs1:2:lnl'J.Gr It�i[PoC Lokr!' ant c•. i� Palm River L JG1 s ^ i •uc tut, til n CArroai c _i Naples Park Mates 8461 ;, n ;, �`D I mokafce Rd 'N.r.ASea[ m CR c-st :SI k C I-Ti '61.11' C f:5 I Jl- iU 1JI Z +rllinNf QN i ; la [3.L... Moa CJ JJS Ia_IGCLcC£ CE'[ cs r-C$ jq Ntu Al K. f1F1.1�t1.xRSly GeaCCrG I;r, +".CS Vanderbilt Beach ?[r,7,,,,i Y47 nY'`1.:'" 5 t N. C : ^^nx; v_j r_r¢Cg VANDCe41iT�CUNTI C'.;19 'v'rs.r id.26 _y n a �, 0 � L�asaJ:[ 1141 T F: t•/D7 NS•"S, n., , y1S5 M: 5 Pelican Bay ; r.C..CVCi [^.L II.SGN North Naples �' Civ Pn51 Golder.Gate Blvd w 82fij LevL[vna•+ Vineyards t r[a �..I:Nr..S ! 5 �,1s,. s Comparable# 1 = L Heritage Bay-Imrnokalee Rd tu: 14.45 miles � SC Y Li. W Lu:l a]" ... 8511 °:attocemC-a Tu[ GtT \,,'_.!.‘' ''".4 r“ 45 [v-- rs Golden Corti 1 L .]r 4._., 3T f 4� C'.'Ca eL_.C- 1$� : a t.nf 11 .t 1eti — 4,,!„.‘4,4-..,•;,,H9 -.W-;!-:44,,C,..,. F.I Y'tw rc. \'TM.+.�i:4,.. h 1. `«t... U SAY. 1 C as ^-?,vhf vari L":[ t..^vCl4 G:n,hNad[D 8d ,,,�^'.-1 •. �.�,.,,.�w,Y VJ]JJ I C 1NS' �.l. ..+.A r;a: {�ri 'at-� 4y © graxvr FL,zr.,Cn.wl Kira' f.•a.. GL.r,N a: •.... AefilNalk Naples past Naples t t4 l vC'] T.0 bCG+fe] !....,';',,1 .sr,].,Fv, 5!Y Y.gay.o iYL'T i.'h!r f i, ti�W- 421K VOh.G73 4.a i:!S S.A'v7 A;:' 6 i �e,.;L"J'NN47'J� F`'y :J•-q;T:.4 Q;x,J< "'+uvt Sac ce"v0 S HS1 I, I Pr.ut cow M FSCC CiN7t E 7:I:r:... Vv:V]S JFI� .L�?r,�•S I' [..WS` .. S•u t,.'NTC\"n=1I-'._U] Lely Subject rJ•,.,�;. Beach Boulevard(E/S Collier Blvd) a $� Naples Manor • «e +" Lely R o I ▪ V as nr, (c ' cw,vcEn , n... a a` Comparable#2 90` 11700 Tamiartri Trail E. Gorier mode 1.i..,... eCY 1.60 miles ,,_, ,� 4. ro ' ,belt l9tmtd Comparable#3 - ' 6240 Collier Blvd , Jolrtrsas 1.17 miles iC_1;w, Loy {I✓ II.,LI ^Royal Palm Hammock 519501 0 '' Jarpcv, a tceltr•Sam■nole,rate 54 go G.S (�. Addison 921 CcrSaJ Lov L,. C[wnt}'. - Old Grove :?uJ !r"arJ Lay Marco Island ,.i. fr' a J_1!u 3 miles 953! 2Ju:L Y\arcOF r 7YID u11fip1rM blf1 T r (.ti ,_JY .f= W Form MAP.LOC—"WinTOTAL"appraisal software by a la mode,inc.—1-BOO.ALAMODE Packet Page -459- 10/23/2012 Item 11 .D. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under at conditions requisite to a lair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are wet informed or wet advised,and each acting in what he considers his own best interest:(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dotars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'granted by anyorr associated with the sale. `Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the serer pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the properly or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND UMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser wit rot be responsible for matters of a legal nature that affect either the property being appraised or the tile to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject she is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5. The appraiser-has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid it they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (suck as, treaded repairs, dep eciation,ms presence al hazardous wastes, toxic substances,etc.)observed during the inspection of the subject properly or teal he or she became aware of during tie normal research involved in perfarraxrrg the appraisal. Unless otherwise slated in t e appraisal report,the appraiser has no knowledge of any hidden or unappare•d conditions Of the property or adverse environmental conditions(including the presence of hazardous wastes, toxic substances,etc.)that weed make the properly more or lass valuable,and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the properly.The appraises wit not be responsible for any such condition that do exist or for army engineering or testing that might tie required to discover whether such conditions exist. Because the appraiser is not an evert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his at her prior written consent before the leiulereclient specified in the appraisal report can distribute the appraisal report (including conclusions about the properly value, the apnraiser's identify and professional designations, and relerences to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrowe;the mortgagee or its successors arid assigns;the marlyoxe insurer. censu'tants; prole sional appraisal organizations;any state or tederatty approved financial institution; Of any department, agency, or instrumentality of the United States On any stale or the District of Coknnhia;except that the ruder/Client may distribule the proper)/eescription section or the report only to data collection or reporting service(s) withal having to obtain the appraiser's prior written consent, The appraisers written censerd and approval nest also be obtained before the appraisal can be conveyed by anyone to the pubt!c through aoveresing, public rularions, news, sales, or other media_ 'Wee Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 10046 6-93 Goodkind&Swift,Inc. Form ACR—*WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE Packet Page-460- :..: ,xex*KCussas.a+.+*.- -..,... »x..c-..w �ww•':.,�.F> n.� ,,« .. h .. ,. .� ;a i,�,w.�^era4u'..«.v b ;, 10/23/2012 Item 11 .D. • APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to,or more favorable than,the subject property,I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to,or less favorable than the subject properly,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report, I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of my knowledge,that ati statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective Interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or the estimate of market value In the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject properly. 5. I have no present or contemplated future Interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal Is contingent on the appraised value of the properly. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not appty.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report,unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of ati properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Beach Boulevard(E/S Collier Blvd),Naples,FL 34114 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: Harry Henderson,SRA Name: _ Date Signed: July 16,2012 Date Signed: State Certification#: RD3475 State Certification#: or State License#: or State License#: State: FL State: Expiration Date of Certification or license:11/30/2012 Expiration Dale of Certification or License: ❑Did ❑ Did Not Inspect Properly Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form ACR—'WinTOTAL'appraisal software by a la mode,inc.—1.800-ALAMODE Packet Page-461- . ....._......... 10/23/2012 Item 11.D. Growth anagement Division TRANSPORTATION ENGINEERING DEPARTMENT INTRA-OFFICE MEMORANDUM TO: ROW Staff DATE: October 8, 2012 CC: Kevin Hendricks, Manager FROM: Harry Henderson, Review Appraiser SUBJECT: Re-calculation of Appraised Compensation, Parcel 123FEE—US 41/Collier Blvd. Intersection Project No. 60116 The legal description for Parcel 123FEE has changed after the receipt of our appraisal for this parcel. This change is the result of corrected survey telemetry for various locations on this project. The original size for Parcel 123FEE was 42,593.33 sf;the corrected size is 41,788 sf. As such, the calculation for the land component of this parcel is reduced to $355,000 from $362,000. This re-calculation accepts the descriptive information, analyses, opinions and unit/price conclusion($8.50/sf) contained within the report under review as otherwise correct and credible. The appraisal includes an aggregate Cure figure in the amount of$39,000 which is unchanged. In my capacity as Review Appraiser for Collier County and as a Certified and Designated Appraiser in the State of Florida, I hereby amend the appraisal to reflect a total compensation for Parcel 123FEE in the amount of$394,000 inclusive of the Cost to Cure. I certify that,to the best of my knowledge and belief: - The facts and data reported by the reviewer and used in the review process are true and correct. - The analyses, opinions and conclusions in this review report are limited only the assumptions and limiting conditions stated in this review report and are my personal, impartial and unbiased professional analyses, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of the work under review and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of the work under review or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results - My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in this review or from its use. Packet Page-462- 10/23/2012 Item 11 .D. Aer 14.-nty ASK Growth Management Division .= - My analyses, opinions and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. - I have made a personal inspection of the subject property of the work under review. - No one provided significant appraisal, appraisal review or appraisal consulting assistance to the person signing this certification. Harry Henderson, SRA Review Appraiser RD3475-FL Amitk Packet Page-463- • 10/23/2012 Item 11.D. : ;tt S0 UV P�, 41,pd CRAFNi 1=71.07 11 NO2'1 38' S54'21'14"E L+39 29' 1^• 109' R+3347.00' 35 84' R=23.00' / A.01'13'00" + � b+80 02'33 CB+N43•40'16"E CB=S0720'1 B"E C.71.07' C=35.36' N0723'1 0"W POB 18.28' S.E. CORNER / OF TRLANGLE L•I24.66' BLVD. AT C.R. J� R+3334.00' 951 PER PB // 4..2138'32' I6 PC 67 CB=N41'46'16"E _____ _SECTION 34.TWSP.50S ROE.25E C+124.65' SEC11ON a,1WSP,513 ROE.25E FREEDOM SQUARE r N PB 22, PG 56 /// OR F4787OPPG LLC 658 ,yQ�� h~�n t�'�,,,aaa, FOLIO NO. 34520002004 QJ A L+49.48' aati� hh V�/ / R 3026.00' t4 /JJ t,-.0•66'13" FJl `t CB>N42'58'43"E C+49.48' 74 123FEE a4 N54'20.51'W 41,788 SF / / 11 Q.32' / LEGEND R" RW.4 RIGHT—OF—WAY 40f / f OR .. OFFICIAL RECORDS BOOK FREEDOM SQUARE PB . PLAT BOOK PB 22, PG 56 PG - PAGE C.R. .. COUNTY ROAD MB. POINT OF BEGWNING COMMERCIAL PROPERTIES SW, INC. N0. ■NUMBER OR 3695, PG 411 EXISTING RW L- RADIUS FOLIO NO. 34520001908 sIMP 0 - DCHO INTEREST CB H0Ro BEARING LEGAL DESCRIPTION — PARCEL 123FEE C. CHORD A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTION 34. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE. RECORDED IN PLAT BOON 18, PAGES 87 THROUGH 99 of THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE S35'41'39'W FAR 519.87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 4TH78E7N,C€P ACN54E'&258 0'S 1O'W TFOE R PUB110L32 C RFET R DALOS NOF G COTHE L LISER OU TCH O EUNSTYTE RL , FY O RBIDA OUN TDAR Y O H OE F B DAESNCORIN—A NIGN E NAL OFFIC AL CU RVREECORDS BOOK THENCE 49.46 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 00'56'13", I AND WHOSE LONG CHORD BEARS N4758'43"E FOR A DISTANCE OF 49.48 FEET; THENCE N43'26'68^E FOR 280.00 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE 124,66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF'3334.00 FEET, THROUGH A CENTRAL ANGLE OF 0208'32", AND WHOSE LONG CHORD BEARS N41'46'16"E FOR A DISTANCE OF 124.65 FEET; THENCE NO2'23'1O"W FOR 16.26 FEET TO THE BEGINNING or A NON—TANGENTIAL CURVE; THENCE 71.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3347.00 FEET.THROUGH A CENTRAL ANGLE OF 01•13'00", AND WHOSE LONG CHORD BEARS N43'40'14"E FOR A INSTANCE OF 71.07 FEET: THENCE NO2'14"33"E.FOR 11.56 FEET, TO A POINT ON THE SOUTHERLY RCHT—OF—WAY UNE OF TRIANGLE BOULEVARD.AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE, RECORDED AI PLAT BOOK 16, PAGE 67 THROUGH 99 OF THE PUBLIC RECORDS DF COWER I COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY RIGHT—OF—WAY UNE OF SAID TRIANGLE BOULEVARD THE FOLLOWING TWO (2) DESCRIBED COURSES; 1) THENCE S54'21'14`E FOR 35.64 FEET.TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 39.29 FEET ALONG A CURVE To THE RIGHT, HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90'02'53". AND WHOSE LONG CHORD BEARS 509.20'16"E FOR A DISTANCE OF 35.38 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CON AIMING 4 ,. 8 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. �� . t TECM c-ROW ML. EL A. WARD PROFESSIONAL LAND SURVEYOR LSi 5301 DATE SICkEEo AUG V Lu� NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. AN A ttrt Jar ell 01,1Var4postit.(ROIL.sat,•mos..,.......,..",.,.,y.4 flit 4Me1.1#4.4114*i..iw*VI%.M MK A.•,M,M&,YX.iM Mt 011JAAJU'fla PROJECT: U.S.41/C.R.951/S.R.961 SKETCH AND LEGAL DESCRIPTION RAVARC■r=eics i PARCEL 123FEE: RIGHT-OF-WAY ArwSCxT�rs PREPARED FOR:COLLIER COUNTY GOIBANYETTP/BDARO OF COUNTY CO)tYI3510NERB ecru Mwe FAD9n.&m4FOG NMAI iwlFAX 23 1 term:Txrcl SoM3a.trot[i415Yae1Hi5)e.. JCL, NIJUBER I HEVISIEJN SECTIDtfi TOWNSHIP RANGE r: 09OD81.00.D0 I GALE EAR DRAWN BT FILE NAME + SHEET I 34 sc; 26E 1" = 100'j 3/13/12 R.A.K, SKD_123FEE 1 1 Of 1 Packet Page-464- _, APPRAISAL REVIEW SUMMARY ( 10/23/2012 Item 11 .D. SUMMAFtf7 DATA FROM AN APPRAISAL. SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE. PROJECT:US41-CRS R951 intersection Imp.Project#60116 PARCEL NO(s): 123Fee ' PARCEL AREAS: 42,593.33 sf UNIT VALUES: $6.50/sf OWNER:ESPROP LLC PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee simple ROW necessary for intersection improvements associated with the 41-951 improvement project 1 APPRAISER:Integra(Mike Jonas) DATE OF VALUE(INSPECTION)6/7/12 DATE APPRAISAL RECEIVED:6/25/12 DATE APPRAISAL APPROVED: 6/25/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER: $35,000 reflects depreciated value of large sign in take area DESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):Minor are,$4000 reflects net cost of sign replacement in after condition. REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: _X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 362,000 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ 35,000 X- _ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ X- _ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ X Reconciliation of Value Indications COST-TO-CURE: $ 4,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 401,000 REVIEW APPRAISER'S COMMENTS:The appraised value and compensation estimate are well supported by cited market data REVIEWERS APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:6/25/2012 Packet Page-465- k APPRAISAL REVIEW SUMMARY 10/23/2012 Item 11 .a SUMMARIZES DATA FROM AN APPRAISAL SIGNED AFTER REVIEWER DETERMINES APPRAISER'S OPINIONS HAVE MARKET-BASED SUPPORT. DOES NOT INDICATE AGREEMENT WITH VALUE IPROJECT:US41-CRSR951 Intersection Imp.Project#60116 RCEL NO(s): 124Fee PARCEL AREAS: 10,220 sf UNIT VALUES: $8,50/sf OWNER:Beaumaris LLC PURPOSE OF APPRAISAL&INTEREST BEING ACQUIRED:Fee simple ROW necessary for intersection improvement associated with the 41-951 improvement project APPRAISER:Integra(Mike Jonas) DATE OF VALUE(INSPECTION)6/7/12 DATE APPRAISAL RECEIVED:7/6/12 DATE APPRAISAL APPROVED: 7/9/12 SEE PAGE(s)2 FOR SUMMARY PROPERTY DESCRIPTION(Zoning,Size of Parent Tract Folio#,Assessed Value,etc.) SEE PAGE(s)26 HIGHEST AND BEST USE ANALYSIS SEE PAGE(s)37-43 FOR DESCRIPTION OF THE ACQUISITION AND IMPACT ON REMAINDER PROPERTY IMPROVEMENTS IN TAKE AREA(s)AND TREATMENT BY APPRAISER:None uESCRIPTION OF SEVERANCE DAMAGES AND COST-TO-CURE(IF ANY):Minor cure,$24,000 estimated to cover cost of site plan re-configuration after the take, REVIEWER CONCURS W/APPRAISER AS TO THE FOLLOWING: SUMMARY OF COMPENSATION: __X_ Determination of Parent Tract LAND VALUE(Fee or Right-of-Way Easement): $ 87,000 _X_ Highest and Best Use Conclusions(before&after taking) IMPROVEMENTS TAKEN: $ _X_ Adequacy and Relevancy of Market Research EASEMENT FOR:_slope-landscape $ _X_ Methodology Employed and Analysis of Relevant Data EASEMENT FOR:_drainage $ _X_ Approaches to Value Employed(and those not employed) TEMPORARY CONSTRUCTION EASEMENT(s): $ _X_ Reconciliation of Value Indications COST-TO-CURE: $ 24,000 Other. SEVERANCE DAMAGES (Not Cured): $ Other. OTHER: $ FINAL VALUE ESTIMATE $ 111,000 REVIEW APPRAISER'S COMMENTS: The appraised value and compensation estimate are well supported by cited market data REVIEWER'S APPROVAL:HARRY HENDERSON,SRA,REVIEW APPRAISER DATE:7/9/2012 Packet Page-466- , 10/23/2012 Item 11 .D. 3 1 -' M , Ely F 3:'„,,.zz�1, ;%s,d,,'_ ‘ . sh tl ;V i * ill �1 ;IV!: Fly I. C,- , s ' k `x F Y ., 1 ,t 4 1x k , • .. �.: i ! P1�Srtf , f 4 - , _____,Ilit-._ 3 YL{ �� a 'x;. x` t sr t.r�� x a Y'$ d it ay Y R 13 I i f441',' R d,5, , ...y‘-r:-‘4.„.,: fE .;r't:ik r ,a'E'x �K :"_47,:„)N. ”' ';''''''::Ull >.?,‘;','‘`."'''' > d.x y z drt !'$ �kSS 4 "'�f 6 Packet Page 467 10/23/2012 Item 11.D. Ea ' vl) n b � : H ..I a1 �•-r+ ass ..„,, 5 rb H r.0 aL, cA 4Z1 \ V•Wv.:. .,..: a a t = p,, Q' - -. r _ 5 iU 0 rD „ l�Irl -t . „ . ,..,, 0 5 = , „..,„ . . rD aq o rD (D . i CA r•r (D Imo+ o MEM F p Y1 Hun 0• cn O' O' r' 'd '' rD 0c/� a, VJ3,8 L ” a F, Packet Page-468- 10/23/2012 Item 11 .D. : .. 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