Backup Documents 04/23/2013 Item #16A 8 W .
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 A 8 j
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be t'onsarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
ATT4 ; 4�o� K
1 As4-1Ta Ckc0 \--e 61-C �1,� `1
4. BCC Office Board of County G V
Commissioners �s y7._.cP`\3
5. Minutes and Records Clerk of Court's Office —Pm q/ (13
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff J \‘J ''."c ''Cc`4�`�Phone Number Qom(
Contact/ Department KE J 1 ► \el Ns. ► C IL 5 z.� z ^ "" �4--
Agenda Date Item was Agenda Item Number 6 _ /
Approved by the BCC �\Z3\` ,J `' v
Type of Document Y���� (umber of Original
Attached 1.�.`\CC:�SAK�l KN\ currents Attached
PO number or account
number if document is
to be recorded O`,
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/., (Not
appropriate. (I ,'a- App 'cable)
�
1. Does the document require the chairman's original signature? ►f i
2. Does the document need to be sent to another agency for additional signatures? If yes, '+/'`
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be 1�
signed by the Chairman,with the exception of most letters,must be reviewed and signed -;,_,
by the Office of the County Attorney. /
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board `i11P,
5. The Chairman's signature line date has been entered as the date of BCC approval of the i0
document or the final negotiated contract date whichever is applicable. .,
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's r + V
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. `,
Some documents are time sensitive and require forwarding to Tallahassee within a certain •
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on W3 and all changes made during the
meeting have been incorporated in the attached3ocument. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
OK BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 \,I
16A8
8
Project No: 60116
Parcel Nos: 126ROW / 127TCE / 128TCE
WALL CONSTRUCTION AGREEMENT
THIS WALL CONSTRUCTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into on this Z3"� day of A PR 1 L.. , 20 t 3, to
be effective as of the date upon which this Agreement is approved by the Board of County
Commissioners of Collier County (the "Effective Date"), by and between EAGLE CREEK OF
NAPLES CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation (hereinafter
referred to as "ECN") whose mailing address is CIO American Property Management
Services, 8825 Tamiami Trail East, Naples, Florida 34113, EAGLE CREEK COMMUNITY
ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is do
American Property Management Services, 8825 Tamiami Trail East, Naples, Florida 34113
(hereinafter referred to as "ECCA"), and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the
County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County").
WIT NESSETH:
WHEREAS, ECN is the corporate entity responsible for the operation and management
of the Stonegate of Eagle Creek Condominium No. One condominium property and the
Eagle Creek Condominium No. Five condominium property which comprises the State Road
SR-951 / Collier Boulevard frontage of the Eagle Creek community; and
WHEREAS, County has conducted a study to determine whether or not portions of the
Eagle Creek community meet the criteria for public funding of sound attenuation barriers
("Noise Walls") in connection with improvements being made to State Road SR-951 / Collier
Boulevard; and
WHEREAS, 24 residential dwelling units within the Eagle Creek community were found
to qualify for noise mitigation under established criteria with a wall height of 21 feet; and
WHEREAS, ECN, ECCA and the Eagle Creek community has expressed an objection
to the construction of a 21 foot high Noise Wall along its Collier Boulevard frontage and
requested that a shorter wall be constructed; and
WHEREAS, it was determined that a shorter wall south of Eagle Creek Drive
(hereinafter referred to as the "South Wall"), with a predominant height of 16.5 feet and
tapering down to a height of 13 feet at the north end, would provide effective noise mitigation
under the established criteria; but a shorter wall north of Eagle Creek Drive (hereinafter
referred to the "North Wall") would not provide effective noise mitigation under established
criteria (and does NOT, therefore, qualify as a "noise wall"); and
WHEREAS, the South Wall is being constructed as part of a Joint Participation
Agreement (JPA) between Collier County and the State of Florida Department of
Transportation (FDOT) and all plans and specifications therefore have been reviewed and
approved by FDOT; and
WHEREAS, the parties acknowledge that County is under no obligation to fund any
portion of the South Wall; and
WHEREAS, the parties desire to construct a gravity wall and earthen berm at the base
of the South Wall such that the height of the exposed wall surface visible from Collier
Boulevard will not exceed 12 feet; and
WHEREAS, FDOT is willing to pay for the South Wall; but will not participate in the cost
of the North Wall; and
Agreement Page 2
WHEREAS, both ECN and ECCA desire for the North Wall to be constructed outside of
the public right-of-way and on the Eagle Creek Condominium No. Five condominium
property, and also on ECCA property, and for which ECN and ECCA acknowledge that they
will assume all maintenance responsibilities in perpetuity; and
WHEREAS, ECCA's architect has provided County with a drawing showing the location
of the North Wall, and both ECN and ECCA acknowledge the conflict between the existing
community entrance sign and the southerly end of the proposed North Wall as shown on the
architect's drawing, and the parties agree that ECCA will remove the sign prior to County's
commencement of the construction of the roadway improvements; and
WHEREAS, Collier County desires to assist the community with the construction of the
North Wall by contributing funding towards the cost of its construction; and
WHEREAS, ECN and ECCA wish to review and comment on the design and
construction of the North Wall with a design professional representing ECN and ECCA; and
WHEREAS, County has agreed to provide ECN and ECCA with the opportunity to
participate in the design and construction phases of the North Wall; and
WHEREAS, time is of the essence with respect to said participation, and the
cooperation of either party should not unreasonably be withheld; and
WHEREAS, ECN and ECCA desire to participate in the final placement of the North
Wall so that the maximum number of existing trees may be preserved; and
WHEREAS, County has identified on Exhibit "D" the trees that must be removed by
County to make way for the construction of the walls; and
WHEREAS, ECN and ECCA have volunteered to maintain the westerly side of the
South Wall and acknowledge that they will be responsible for continuing and perpetual
maintenance of the interior (westerly) surface of the South Wall after its construction; and
WHEREAS, ECN agrees to convey a perpetual and non-exclusive road right-of-way
easement to County, at no cost to County and as more particularly described in Exhibit "A"
(attached hereto and hereinafter referred to as "Parcel 126ROW") within which a portion of
the South Wall may be constructed (the "Wing Wall"); and
WHEREAS, it is acknowledged by and between the parties that upon completion of the
drainage improvements on the westerly side of the South Wall, ECN and/or ECCA shall, in
perpetuity, bear full responsibility for the routine maintenance of the drainage system both
before and after the wet season (such as clearing debris from the drainage inlet grates and
sumps to prevent clogging of the pipes and inlets and thereby avoid flooding of the upstream
conveyance system); and
WHEREAS, ECN agrees to convey a Temporary Construction Easement to County,
at no cost to County and as more particularly described in Exhibit "B" (attached hereto and
hereinafter referred to as "Parcel 127TCE"), parallel to and abutting the Collier Boulevard
right of way specifically for the purpose of constructing the North Wall; and
WHEREAS, ECCA agrees to convey a Temporary Construction Easement to County,
at no cost to County and as more particularly described in Exhibit "C" (attached hereto and
hereinafter referred to as "Parcel 128TCE"), parallel to and abutting the Collier Boulevard
right of way specifically for the purpose of constructing the North Wall; and
WHEREAS, ECN and/or ECCA agree to install landscaping and irrigation along the
eastern side of the North and to maintain the wall, the landscaping and the irrigation into
perpetuity; and
4. 4
Agreement Page 3
WHEREAS, the parties acknowledge that guard rails, gravity walls and hand rails will
be installed in accordance with the plans attached hereto as Exhibit "D" and by reference
made a part hereof; and
WHEREAS, ECN and ECCA acknowledge that County is under no obligation to
construct any portion of the North Wall, and further acknowledge that the construction of the
South Wall by County and FDOT is a voluntary contribution for the benefit of the Eagle Creek
community and for the benefit of the Condominium unit owners; and
WHEREAS, County has agreed to construct the South Wall with FDOT funding within
the Collier Boulevard road right-of-way with a cap elevation of 19.5 NAVD between (CL
Station 1018+60.03, offset 88.364 feet left, thence northerly to a point described as CL
Station 1022+59.92, offset 97.562 feet left then bearing northwesterly to a point described as
CL Station 1022+73.73, offset 112.026 feet left with a gravity wall and earthen berm at its
base such that the height of the exposed wall surface visible from Collier Boulevard of
approximately 12 feet in height; and
WHEREAS, the parties acknowledge that, pursuant to the provisions of Section
5.03.02.I of the Collier County Land Development Code, the North Wall is exempt from
height restrictions; however ECN and/or ECCA will be required to obtain either an SDP
amendment or an insubstantial change determination, along with a building permit for the
North Wall; and
WHEREAS, County has agreed to construct the North Wall with a cap elevation of 15.5
NAVD between CL Station 1024+91.15, offset 131.435 feet left, thence deflect wall left 45
degrees to a point described as CL Station 1025+05.01, offset 117.015 feet left, then
northerly to a point described as CL Station 1029+24.93, offset 108.659 feet left, thence
deflect wall left 45 degrees to a point described as CL Station 1029+39.35, offset 122.517
feet left; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. ECN, and ECCA as appropriate, shall deliver to County, at no cost to County and
within ninety (90) days of the effective date of this Agreement, the following properly
executed documents (ECN's delivery of said properly executed documents is
hereinafter referred to as the "Closing"):
a. from ECN, a Perpetual, non-exclusive Road Right-of-Way Easement to County
across Stonegate Condominium common elements (for Wing Wall
construction, i.e., Parcel No. 126ROW);
b. from ECN, a Temporary Construction Easement to County across Eagle Creek
Condominium No. 5 common elements for construction of a portion of the North
Wall (Parcel 127TCE);
c. evidence of the authority of the entity and signatory to execute said Right-of-
Way Easement and Temporary Construction Easement on behalf of ECN;
d. from ECCA, a Temporary Construction Easement to County for construction of
a portion of the North Wall (Parcel 128TCE);
e. evidence of the authority of the entity and signatory to execute said Temporary
Construction Easement on behalf of ECCA;
f. a Public Disclosure Act Disclosure Affidavits as required by Section 286.23,
Florida Statutes; and
g. all releases / subordinations which may be required to remove and/or
subordinate all liens and encumbrances from the Right-of-Way.
16A 8 1
Agreement Page 4
3. Upon receipt of the foregoing, County shall record said Right-of-Way Easement and
Temporary Construction Easements and provide ECN with a receipt for all recording
fees and documentary stamp taxes.
4. This Agreement shall become null and void and all obligations of the parties hereto
shall be terminated in the event that ECN fails to deliver to County, within ninety (90)
days of the effective date of this Agreement, all documents referenced in Paragraph 2
(above).
5. After the receipt of all items identified in Paragraph 2 above, and after satisfactory
completion of all obligations set forth in Paragraph 2 above, County shall construct at:
(a) subject to FDOT funding, a wall south of Eagle Creek Drive within the Collier
Boulevard right-of-way (the South Wall) with a cap elevation of 19.5 NAVD between
(CL Station 1018+60.03, offset 88.364 feet left, thence northerly to a point described
as CL Station 1022+59.92, offset 97.562 feet left then bearing northwesterly to a point
described as CL Station 1022+73.73, offset 112.026 feet left with a gravity wall and
earthen berm at its base such that the height of the exposed wall surface visible from
Collier Boulevard of approximately 12 feet in height; and (b) its sole cost a wall north of
Eagle Creek Drive on ECN property (the North Wall) with a cap elevation of 15.5 NAVD
between (CL Station 1024+91.15, offset 131.435 feet left, thence deflect wall left 45
degrees to a point described as CL Station 1025+05.01, offset 117.015 feet left, then
northerly to a point described as CL Station 1029+24.93, offset 108.659 feet left,
thence deflect wall left 45 degrees to a point described as CL Station 1029+39.35,
offset 122.517 feet left. Said wall construction (both walls) shall occur as part of the
US-41 / Collier Boulevard at-grade project currently under way, and in substantial
conformance with the drawings attached hereto as Exhibit "D." ECN and ECCA may
select a color for the wall; but must do so within ninety (90) days of the effective date of
this Agreement. The North Wall will be warranted by County to be free of defects for a
period of one year after the completion of its construction.
6. Prior to the construction referenced in Paragraph 5 (above) County shall remove the
existing wall presently located where the North Wall is to be constructed.
7. ECN or ECCA shall be responsible for obtaining an SDP amendment or insubstantial
change determination, along with a building permit for the North Wall. Time is of the
essence.
8. ECN and/or ECCA shall be responsible in perpetuity for the repair and routine
maintenance of the interior (westerly) surface of the South Wall after its construction
(including but not limited to pressure cleaning and painting), and shall assume
complete and total responsibility in perpetuity for maintenance of the North Wall
including all landscaping, irrigation and sod (up to the right-of-way line).
9. County and/or FDOT shall be responsible for the repair and maintenance of the exterior
(easterly) surface of the South Wall.
10. After the completion of construction of the North Wall and the acceptance of the
improvements and landscaping and irrigation by ECN and ECCA, ECN and ECCA shall
thereafter assume all maintenance responsibilities for the North Wall, and landscaping
and irrigation.
11. Where the construction of the walls dictates that trees must be removed, and to the
extent that ECN and/or ECCA wishes said trees be replaced, ECN or ECCA, using the
plans attached as Exhibit "D," shall indicate the location(s) for the planting of
replacement trees, understanding that the replacement trees are not likely to be equal
to the size of the trees which had to be removed in order to construct the walls. The
marked-up plans showing the preferred location(s) of the replacement trees shall be
provided to County within 60 days of the effective date hereof. After the completion of
16 A 8
Agreement Page 5
construction and acceptance of the replacement trees by ECN and ECCA, ECN and
ECCA shall assume sole responsibility for the trees.
12. County shall use its best efforts to retain shrubs and other vegetation during wall
construction; but it makes no representation that any vegetation or shrubs will be
retained except for the trees referenced in the preceding paragraph.
13. Vehicular guardrails, gravity walls, and pedestrian handrails shall be installed and/or
removed in accordance with the plans attached hereto as Exhibit "D."
14. County shall install Bahia sod between the proposed sidewalk and the North and South
Walls.
15. Within ninety (90) days of notice from County that the North Wall has been inspected
and meets specifications, ECN and/or ECCA shall commence installation of
landscaping and irrigation between the North Wall and the Collier Boulevard right-of-
way line as required by the Collier County Land Development Code.
16. In the event that either ECN or ECCA desires to replace any of the Bahia sod in the
right-of-way with St. Augustine sod, then ECN and/or ECCA shall be responsible for
obtaining permission from FDOT to sod and irrigate beyond their property into the
FDOT right-of-way after completion of the roadway construction project.
17. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and may only be modified by written
amendment thereto.
18. The reciprocal obligations contained herein are contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
19. This is the entire agreement between the parties with respect to the matters set forth
herein, and any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing sent by facsimile with automated
confirmation of receipt, or registered or certified mail, return receipt requested, postage
prepaid or personal delivery addressed as follows:
If to County : Transportation Engineering
Attn: Kevin Hendricks
Right-of-way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-5844
Fax 239-252-6643
With a copy to: Heidi Ashton-Cicko
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3299 Tamiami Trail East
Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-0225
1 6 A 8 41
Agreement Page 6
If to ECN: George Brinkmoeller, President
Eagle Creek of Naples Condominium Association, Inc.
782 Eagle Creek Drive #303
Naples, Florida 34113
Telephone:
With a copy to: Becker and Poliakoff, PA
Attn: Sarah Spector, Esq.
12140 Carissa Commerce Court, Suite 200
Fort Myers, Florida 33966
Telephone: (239) 433-7707
Fax: (239) 433-5933
If to ECCA: R. L. ("Randy") Van Alstine, President
Eagle Creek Community Association, Inc.
c/o American Property Management Services
4280 Tamaimi Trail East#204
Naples, Florida 34112
Telephone: (239) 774-0105
Fax: (239) 774-0112
With a copy to: Becker and Poliakoff, PA
Attn: Sarah Spector, Esq.
12140 Carissa Commerce Court, Suite 200
Fort Myers, Florida 33966
Telephone: (239) 433-7707
Fax: (239) 433-5933
18. To the extent permitted by law, ECN and ECCA shall indemnify, defend, save and hold
harmless County and/or FDOT against and from, and reimburse County with respect
to, any and all damages, claims, liabilities, laws, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the County by reason or arising out of the construction
of the Publicly Funded Noise Wall and all other obligations and performance under this
Agreement.
19. This Agreement is not intended to create any rights, benefits or entitlements in any
person or entity who is not an undersigned party to this agreement. No third-party
beneficiary claims may be asserted on the basis of this Agreement.
20. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
21. All obligations contained herein other than the granting of the fee simple and easement
interests shall survive the recording of the Warranty Deed and Temporary Construction
Easement.
THE REMAINDER OF THIS PAGE INTENTIONALY LEFT BLANK
16A 8 ,
Agreement Page 7
IN WITNESS WHEREOF, the parties have caused these presents to be executed the date
and year first above written.
AS TO COUNTY:
DATED..AT'12.1,1.- Z 3 '"! Zo l 3 ,
ATTari -.. , BOARD OF COUN COMMISSIONERS
DWIGHT E BROCF Clerk CO -R COU , FLORIDA i i
A t as to-,1,;,,,._ _.„:,),-;ac y Clerk G=orgi"A' i'er, Esq.
C - oman
signature only.,
Appro ed as to for • &le!1 sufficiency
AS TO ECN: I A., I.)
((. County Attorney
WITNESSES: EAGLE CREEK OF NAPLES
CONDOMINIUM ASSOCIATION, INC.,
a Florida Corporation not for profit
La_._.!�� .,..... By: fu h i l'e/eIZ4---- --
Y
Witness (Sign. ure)i ip eorge :rinkmo-Iler, President
Name: , ,, _ °- . z
c")237e),ibuii.. ._
Witness (S nature
Name: Ura. -effev
(Print)
AS TO ECCA: EAGLE CREEK COMMUNITY
ASSOCIATION, INC., a Florida
DATED: 6113 not-for-profit corporation
,--•..i. 1.. ,l.. /i. By: / • ."A L II 1.4.-- !
Witness (Signatur4 ' R. . ("Randy") VanAlstine
President
Ka4tileen PEJArZi
615aole (IMor T pe) •
Witness (Signature) Lzrd1ee. -
x. 65 8 % 1
•
x EXHIBIT"A" (1 of 1)
tr .r, .• E
virj
TRACT 'R (EAGLE CREEK DRIVE)
S EAGLE CREEK COMMUNITY
U ASSOCIATION, INC.
OR 3978, PG 6
FOLIO NO. 30185040007
GRAPHIC.San
1- " 40'
OM
858'35'08"E jI
17.14' I
NO2'28,18E p POB
22.85'
•
126ROW A S0T28'1B`W
343 SF 4.4 22.85' rn
N58'35'08"W
• 17.14' 0, g
EAGLE CREEK COUNTRY CLUB
PB 14, PG 1
EXISTING RW
PART OF
TRACT "B"
STONEGATE OF EAGLE CREEK
CONDOMINIUM NO. ONE
DECLARATION RECORDED 0 OR 1348, PG. 1330
MULTIPLE FOLIO NO'S. LEGEND
RW • RIG
OR + Of1CVL RECORHT-OF-WAY DS BOOK
PB .- PLAT BOOK
PO + PAGE
POB .. POINT OF BEGINNING
POC . POINT OF COMMENCEMENT
NO. - NUMBER
S.R. '- STATE ROAD
AKA '- ALSO KNOWN AS
LEGAL DESCRIPTION — PARCEL 126ROW
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 SOUTHEASTERLY CORNER OF TRACT "R". AS DESCRIBED IN OFFICIAL RECORDS BOOK 3978, PAGE 6
OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH STONEGATE OF EAGLE
CREEK CONDOMINIUM NO. ONE, PER OFFICIAL RECORDS BOOK 1348, PAGE 1330 OF THE PUBLIC RECORDS OF COWER
COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY'UNE'OF'STATE ROAD 951;
THENCE SO728'18'11/ FOR 22.85 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 953;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE, N5835'08"W FOR 17.14 FEET;
THENCE NO2'28'18"E FOR 22.85 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT "R", AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3978, PAGE 6 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT R . S58'35.08'1 FOR 17.14 FEET, TO THE POINT OF BEGINNIG
OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 343 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
• AUG 15 2012
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.
wq.w r3.2011 10,11 MI W:\1001\09008f.0000 us+r*assn Memel,n,pewews w,s arar iwrt\1s1 A.-.\R,r-n.,.r\y-w, C W+"aVCt-r W R..OASND_I2vU s
DwC.
• PROJECT: U.8.41/C.R.961/S.R.961
SKETCH AND LEGAL DESCRIPTION N > s
sew M ow Pnk DrM,Ilia ZOO
PREPARED FOR: COLLIER COUNTY GOYERNMENT/BOARD OP COUNTY COMMISSIONERS Nam 7 FAX:::(10)s97.05711
LB No;8052
JOB NUMBER 090081 00,00 REVISION N SE 31ON 1 TTOWNSHIP f 26EE f 1"S=40' 1 8/10/12 1 0 R.A.Ke f 1 SHEET 1 Y•
¢�
- 9
N EXHIBIT. /
Is ���... UNPLATTED
W ..1:0/,:/ E RED NAPLES HOLDINGS V, LLC
� ��. OR 4712, PG 2198
FOLIO NO. 00726724107
S
0 100 200 a \
r.�.ury
GRAPHIC SCALE
1" = 200'
e TRACT ''M-1''
CRYSTAL LAKE TERRACES AT -
EAGLE CREEK PB16, PG 30
587'30'12"E
EAGLE CREEK CONDOMINIUM 34.59'
NO. 5 DECLARATION OR
1505 PG 1828 / 8,543 SF
127TCE
NO2.29'46"E
e 17.76'
N40.04'51"W -c„v%i.
19.94' o r
w 0 g Cr)
L°/ in o a-1
UNPLATTED
EAGLE CREEK COMMUNITY / (n
ASSOCIATION, INC. 8 't
0
OR 3978, PG 6 z°/ to
FOLIO NO. 30180160005 •
\� N54'21'06"W 1•
23.26' POB
UNPLATTED
TRACT "R" (EAGLE CREEK DRIVE)
EAGLE CREEK COMMUNITY
ASSOCIATION, INC. J
OR 3978, PG 6
FOLIO NO. 30185040007 LEGEND
RW = RIGHT—OF—WAY
EXISTING RW----'''...' OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB — POINT OF BEGINNING
NO. = NUMBER
S.R. = STATE ROAD
,2 ', ec, AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 127TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT "M-1", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN
PLAT BOOK 16, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF S.R. 951 (ISLE OF CAPRI ROAD);
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "M-1", N54'21'06"W FOR 23.26 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, NO4'56'15"E FOR 370.27 FEET;
THENCE N40'04'51"W FOR 19.94 FEET;
THENCE NO2'29'48"E FOR 17.76 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "M-1";
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "M-1", S87'30'12"E FOR 34.89 FEET, TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF S.R. 951;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID S.R. 951, SO4'56'15"W FOR 415.47 FEET, TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 8,543 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
it)JA(1)MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SI NED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
April 12,2013 1:27 PM 10\2009\090087.00.00 0.341&CR951 Intersocuen Improvements Md CR951 RRR\90%Plona\Pn 1-Swv,y\5k.1en And 0..erlpton.\ICE-RW Roe
����C
Planting
Visualization
PROJECT: U.S.41/C.R.951/S.R.951 C ULTIN(3
SKETCH AND LEGAL DESCRIPTION i II. V WA. AL Surveylog i M'pp°s
PARCEL 127TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Perk Drive.Suite 200
Naples.Florida 34109
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(2391597-0575 FAX:(239)597-0578
LB No.:JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 I 0 I 3 l 51S 26E 11" = 200' 4/12/13 f R.A.K. SKD_127TCE I 1 OF 1
1 (6A ,„ 1
N EXHIBITS. i / \
..
,.—
ft��,'/���i UNPLATTED
W 1;7 rig E RED NAPLES HOLDINGS V, LLC I
',--�i. OR 4712, PG 2198
S FOLIO NO. 00726724107
0 100 200 d
GRAPHIC SCALE
1" = 200'
\c TRACT "M-1" 411411111111111111 I Q,
CRYSTAL LAKE TERRACES AT --
EAGLE CREEK PB16, PG 30
EAGLE CREEK CONDOMINIUM
NO. 5 DECLARATION OR
1505 PG 1828
C1-' g
to a
O) °a I
UNPLATTED S54'21'06"E IY
• 6 I
EAGLE CREEK COMMUNITY 23.26' N
ASSOCIATION, INC.
OR 3978, PG 6
FOLIO NO. 30180160005 N04'56'15"E
43.04' POB
N49'55'09"I: ��
�_ � 20.15'
• SO4'43'29"W
N05'45'02"W l
UNPLATTED 51.89' 95.33'
TRACT "R" (EAGLE CREEK DRIVE) N8T31'42"W 128TCE
EAGLE CREEK COMMUNITY 25.00' 128TCE
SF
ASSOCIATION, INC.
OR 3978, PG 6
FOLIO NO. 30185040007 LEGEND
RW = RIGHT-OF-WAY
EXISTING RW OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
NO. = NUMBER
S.R. = STATE ROAD
Q, AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 128TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT "M-1", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN
PLAT BOOK 16, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF S.R. 951 (ISLE OF CAPRI ROAD);
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID S.R. 951, 504'43'29"W FOR 95.33 FEET;
THENCE LEAVING SAID WETSTERLY RIGHT-OF-WAY LINE, N87'31'42"W FOR 25.00 FEET;
THENCE N05'45'02"W FOR 51.89 FEET;
THENCE N49'55'09"E FOR 20.15 FEET;
THENCE N04'56'15"E FOR 43.04 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID TRACT "M-1";
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "M-1", 554'21'06"E FOR 23.26 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 2,633 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
k k- 124 M
C AEL 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.
April 12.201.3 1:.27 PM K:\2009\090061.00.00 US41 &CR931 !Menotti.n Improvements And CR951 RRR\90%Pions\Ph 1-5orreA5k.rck Md o..crip on.\TCe-RW R. 04\5102-1291C(,d g
PROJECT: U.S.41/C.R.951/S.R.951 DWA'CIA
SKETCH AND LEGAL DESCRIPTION C V Tl i Survey* ihig
PARCEL 128TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park Drive.Suite 200
Naples.Florida 34109
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6552
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 I 0 1 3 I 51S l 26E 1" = 200' 1 4/12/13 l R.A.K. I SKD_128TCE 1 1 OF 1
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